Miscellaneous

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What is the Corporate Transparency Act?

The Corporate Transparency Act (the “CTA”) was enacted by Congress on January 1, 2021 (31 USC 5301, et seq.). The stated purpose of the law is to address “the disclosure of corporate ownership and the prevention of money laundering and the financing of terrorism.” WHAT? So how does this relate to my Association? The CTA requires small corporations, limited liability companies, and companies created by filing a document with the State (“Reporting Company”) to disclose information about their beneficial owners. Beneficial owners are “any individual who, directly or indirectly:”

  1. Exercises substantial control over a corporation or limited liability company, or
  2. Own 25% or more of the interest in a corporation or limited liability company. 

Continue Reading Corporate Transparency Act – Does Your Association Want to Give the U.S. Government $10,000

Solar Panels

What you need to know:

  1. The Inflation Reduction Act extended the Federal Residential Solar Energy Credit and raised it from 26% to 30%;
  2. The Department of Energy Office of Energy Efficiency & Renewable Energy published the following guidelines for determining if homeowners are eligible to receive the 30% tax credit;
  3. Members of homeowner associations, condominiums, and tenant-stockholders of cooperative housing corporations are eligible for the tax credit if they pay part of the costs of installation of an eligible solar energy system.

Continue Reading Solar Panels – Can I get a Tax Credit for Installing Them?

Documents

Hogg v. Villages of Bloomingdale I Homeowners Association, Inc., 357 So.3d 1271 (2023)

Lessons learned:

  1. An Association can’t seek reformation of a declaration after the applicable statute of limitations has passed – meaning that once the applicable statute of limitations has passed a change to the declaration requires a properly passed amendment.
  2. Before the statute of limitations has passed, a court of equity has the power to reform a declaration where, due to a mutual mistake, the declaration does not accurately express the true intention of the declarant. 

Continue Reading Statute of Limitations Prohibits Association from Bringing Action to Reform Declaration

What you need to know: In some States amendments to a HOA declaration that was not reasonably foreseeable is not enforceable. 

MacLeod v. Mogollon Airpark Inc., Not Reported in Pac. Rptr., 2023 WL 2582622 (Cal. 2023)

Issues:

  1. Was the CC & R amendment prohibiting occupancy of certain guest houses to less than 4 months a year? 
  2. Was the owner entitled to attorney fees for winning the appeal?

Continue Reading An HOA Amendment that was not Reasonably Foreseeable under the Original Declaration may not be Enforceable Without the Consent of 100% of the Owners

Need to Know:

  1. Unit Owners and association members often say mean and rude things about Board members, even though those Board Members are volunteers. 
  2. For a Board Member to have a viable claim for defamation the Board member must recognize that the courts view them as limited public figures, which means they MUST be able to allege and prove that.
    • The defendant published a false and defamatory statement about the plaintiff, and
    • The statement was made with actual malice, i.e., with knowledge the statements were false or with what amounts to conscious disregard of their falsity.

Continue Reading Defamation Claims by Directors and Officers Against Members – What you Need to Know

Association Academy.230119

As we approach the new year, Husch Blackwell’s Condominium & HOA Law Team is excited to launch a fresh new approach to our Association Academy. Join us for the first installment of our new series, Lunch with Lawyers, as we dive into legal trends to watch in 2023. Grab your lunch, log in and set the stage for a successful 2023.
Continue Reading Association Academy | Lunch with Lawyers: Legal Trends to Watch in 2023

Webinar

We are excited to announce a new format for our Association Academies in 2023: Lunch with Lawyers.  This new format will be more interactive, with plenty of time for Q&A.  Luncheons will be held every other month from noon to 1:00.  Save the dates and start planning for 2023.  Happy New Year and we look forward to seeing you.
Continue Reading New Webinar Series | Association Academy: Lunch with Lawyers

Documents

In 2022, the Wisconsin legislature adopted additional provisions to the Condominium Ownership Act that affect all Wisconsin condominium associations. Because the new statutes require condominium associations to take affirmative action, your association needs to be aware and get prepared.
Continue Reading Recent Changes in the Wisconsin Condominium Ownership Act that Affect Your Association: Record Keeping, Financial Records, Audits, and Website Requirements