Facts

Plaintiff, Harmony Haus and a resident, sued Defendant, Parkstone Property Owners Association (“Association”) under the Fair Housing Act (“FHA”) seeking an injunction and attorney fees for violation of the Civil Rights Act.  Association counter sued alleging breaches of deed restrictions.  Plaintiff is a sober living residence for individuals recovering from alcoholism and drug addiction.  Plaintiff residents come directly from an inpatient treatment center.  Association argued Plaintiff was violating its “single family residential use,” its noise and nuisance provisions and its unsightly vehicle provision.  The board of the Association can enforce any violation with a fine.  Plaintiff’s seek exceptions to the Declaration under the FHA by requesting reasonable accommodation, with the specific accommodation to allow 12 residents and 8 cars to be parked on the street.  The Association contends the 8 cars is unsafe and that 12 residents would create an imposition on community resources.  Plaintiff claims the need for 12 residents to reach “critical mass” for its phasing recovery system, so more established residents can mentor newer ones. Continue Reading Can a Group Home be Built in a Single Family Association under the FHA – YES

Facts

Plaintiffs live in Ashbrooke Property Owners Association (“Association”) and missed their annual assessment payments of $115 for three straight years.  The Association hired Defendant, Equity Experts, to collect the past due amounts.  Under the Declaration the past due assessments accrued interest at the rate of 18% per annum, plus the Association could charge a late fee and the Owner was “liable to the Association for all costs and attorney’s fees…”  Equity Experts added fees for their constant contact package and their Pre-Foreclosure package in the amount of $750 and $1,495 respectively.  In December of 2013, Defendant advised Plaintiffs that their balance was $3,199.60, but that if they did not pay within 10 days the balance may be at least $6,644.60.  Plaintiffs filed suit seeking class certification because the interest rate charged exceeded the amount allowed under Georgia law and because the demands were in excess of sums allows under the Association documents. Continue Reading Class Action Status Granted to Association Homeowners Alleging FDCPA Violations

Record retention is a tricky subject.  Keep too much or for too long and opposing counsel in litigation will have all the documents they may need to prove that your association’s actions were discriminatory or amounted to selective enforcement, at least compared to its old records.  Keep to little or for too short of time and in your deposition or trial testimony you will be forced to admit that records that should have been kept were “not kept in the course of regularly conducted business-activity.”  Judges do not look kindly on that answer.  There are many other pitfalls as well, including some basic misconceptions: Continue Reading HOA and Condominium Record Retention – What you NEED to Know!!

Summary

The Court of Appeals of Washington held that a lot owner was barred from claiming ownership of a strip of land after representing that the land was part of the adjacent lot, building a fence along the supposed boundary, allowing the adjacent lot owner to maintain and landscape up to the fence, abandoning the land, and causing the adjacent lot owner to rely on that representation. Continue Reading This Land Is My Land, this Land is Your Land – Owner Loses Ownership of Land After Denying It Was Part of His Lot

Does your homeowners association have a written collection policy?  What duties does the property manager and/or Board have under the policy?  Learn what role the property manager and/or the Board of Directors should have in the assessment collection process.

Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys? Read all about condo and HOA law at Association Alert and click here to learn more about lawyer Daniel J. Miske.

The law does NOT require a Board to extend additional time to owners to pay assessments just because of the COVID 19 pandemic.  While such policies may show a concern for members of a community, probably without realizing it, those policies may also have significant adverse effects on the Association, especially in 2020.  What you need to know in less than one minute.

Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys? Read all about condo and HOA law at Association Alert and click here to learn more about lawyer Daniel J. Miske.

The law does NOT require a Board to extend additional time to owners to pay assessments just because of the COVID 19 pandemic.  While such policies may show a concern for members of a community, probably without realizing it, those policies may also have significant adverse effects on the Association, especially in 2020.  What you need to know in less than one minute.

Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys? Read all about condo and HOA law at Association Alert and click here to learn more about lawyer Daniel J. Miske.

The COVID-19 Pandemic has created a global economic crisis impacting individual unit and home owners, and the associations they comprise.  An unfortunate result will be an increase in bankruptcy filings.  Learn how to prepare and protect your Association now.

Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys? Read all about condo and HOA law at Association Alert and click here to learn more about lawyer Daniel J. Miske.

Does your Association have rules that target children?  Does your Association have rules that apply differently to children and adult residents within the community?  The following case is a cautionary tale for Condominium Associations and HOAs—repeal those rules now, or potentially face a losing battle pursuant to federal law.

Facts

In a federal district court case from early 2020, a homeowner brought suit against his HOA alleging that the Association’s rules with respect to use of the tennis courts, the pool, and clubhouse were discriminatory.  The tennis court rules stated that adults had court privileges over children after 3:00 PM on weekdays and any time on weekends and holidays.  The pool rules stated that residents 14 through 18 years of age were limited to one pool guest per person, while adult residents were permitted to have up to 6 pool guests at a time.  The clubhouse rules stated that it was reserved for adult use only during summer months while the pool was open.  The homeowner claimed that these three rules discriminated against families with children (also known as “familial status”), which is prohibited by the federal Fair Housing Act (FHA). Continue Reading Rules that Target Children Really Target Your Association (for Discrimination Lawsuits)

We’ve reached the point in the COVID-19 pandemic where states are starting to reopen.  So now what?  What does this mean for your Association?  Find out what your Association needs to do to reopen its common elements in this Vlog.  (Don’t mind the videography, it’s a work in progress!)

Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys? Read all about condo and HOA law at Association Alert and click here to learn more about lawyer Daniel J. Miske.