Executive Summary

Condominium Legal Document Review Program Update

By Daniel Miske & Lydia Chartre on October 14, 2019

Posted in Bylaws and Rules, Governing Documents

In follow up to our announcement on the roll out of our Condominium Legal Document Review^© Program, you can now review an example of the type of score card that is provided with each Condominium Legal Document Review^© that Husch Blackwell performs by clicking here. The real scorecard is much longer and obviously contains different and/or additional questions, answers and recommendations. The purpose of this letter is to illustrate the value to any condominium association and Board of having the information provided by the Review to properly perform the duties set forth in your documents. As part of the Review Husch Blackwell will:

Review your condominium legal documents (Declaration, Bylaws Articles, Plat, Rules +);
Prepare the Score Card specifically identifying areas of deficiency;
Make recommendations as to items that in our opinion should be:

Immediately corrected;
Corrected as time allows; or
Corrected the next time your Association amends and restates its documents.

Continue Reading Condominium Legal Document Review Program Update

Condominium Legal Document Review Program

By Daniel Miske & Lydia Chartre on July 29, 2019

Posted in Bylaws and Rules, Governing Documents

Wouldn’t it be great if you knew if your condominium documents complied with the law? Or if you already suspect that there may be some issues, exactly what those issues are? Now you can! In the same way that a Reserve Study helps a property manager or a board of directors manage their association more efficiently and effectively, so does the Husch Blackwell Condominium Legal Document Review^© program.
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2017 Wisconsin Act 303 – New Law on Fees and What You NEED to Do

By Daniel Miske & Lydia Chartre on June 28, 2018

Posted in Meetings, State Law

The principal purpose of 2017 Wisconsin Act 303 was to set limits on the amount of fees that an association can charge its unit owners. Those fees are the following:

The actual cost of, but not more than $50, for providing the Sec. 703.33(1)(1m) & (2) Wis. Stat. disclosures from a Seller to a Buyer (See, Sec. 703.20(2)(a) Wis. Stat.);
The actual cost of, but not more than $15, for providing any change to item 1 above as required by Sec. 703.33(3m) Wis. Stat. (See, Sec. 703.20(2)(a) Wis. Stat.); and
No charge for a payoff statement, but if a second one is requested in a 2-month period, then not to exceed $25 (See Sec. 703.335(4)(a) Wis. Stat.).

The sole exception to these limits is if the association has a unit owner meeting where a greater fee is approved and the appropriate notices are provided both before and within 48 hours after the meeting. (See Sec. 703.205(2) Wis. Stat.).

There is no limit on the amount that may be charged as a transfer fee, but the new law does require that these amounts be disclosed in the Executive Summary.
Continue Reading 2017 Wisconsin Act 303 – New Law on Fees and What You NEED to Do

Notice to Wisconsin Community Association & Property Managers – IMPORTANT UPDATE

By Daniel Miske on June 13, 2018

Posted in Meetings, State Law

Important Notice: Our May 10, 2018 post, Notice to Wisconsin Community Association & Property Managers, advised unit owners, boards and property managers of the three new laws that passed on April 18, 2018. In that post, we described how one of those laws provided that any association looking to charge a fee in excess of $50 for complying with the disclosure requirements of Sec. 703.33 Wis. Stat. or to charge any fee for providing the first pay-off statement to a unit owner needed to comply with the new law. (See, Sec. 703.205 Wis. Stat.). At the time, we did not advise specifically how this compliance could be achieved. We are now providing that information.
Continue Reading Notice to Wisconsin Community Association & Property Managers – IMPORTANT UPDATE

Notice to Wisconsin Community Association & Property Managers

By Daniel Miske on May 10, 2018

Posted in Meetings, State Law

As a result of the new legislation that passed, in three different bills, for each of your condominium associations you need to deal with the following:

Disclosure Requirement Fees. If your association currently charges or intends to charge a fee for complying with some or all of the disclosure requirements under Sec. 703.33 Wis. Stat., despite the $50 language in the statute amendment, we recommend that the association do all of the following:
Continue Reading Notice to Wisconsin Community Association & Property Managers

Sued! What Should Our Wisconsin Condominium or Homeowners Association Do NOW?

By Daniel Miske on April 30, 2018

Posted in Bylaws and Rules, Governing Documents, Insurance, Litigation

Condominium associations and homeowner associations are sued every day. These suits can arise based on construction claims, contract claims, negligence claims and various alleged statutory violations – We all know about the Fair House Act! Or the Wisconsin (or whatever state you are in) Consumer Act! Associations seem to attract people who feel that they are entitled to something because they now live in an association. Of course they are entitled to what the law and documents allow them, but for some that never seems to be enough. Often these types of owners or residents make up stuff or read the internet until they find some article or statement that supports their point of view and then cite it as fact. Yes, we have all dealt with those people. However, despite the validity (or lack of validity) of any lawsuit, there are some basic steps that every association should follow once served or notified of a suit.
Continue Reading Sued! What Should Our Wisconsin Condominium or Homeowners Association Do NOW?

The Good, Bad & Boring – 2018 Amendments to Wisconsin’s Condominium Law

By Daniel Miske on April 25, 2018

Posted in Bylaws and Rules, Governing Documents, State Law

In 2018 three separate acts amended Chapter 703 of the Wisconsin Statutes. Chapter 703 is Wisconsin’s Condominium Ownership Act. The amendments mostly took effect on April 18, 2018, but some will go into effect later in the year. (For an in-depth review of the actual laws: 2017 Senate Bill 131, 2017 Assembly Bill 518 and 2017 Assembly Bill 818.)

Only a few of the changes will affect most associations, but it never hurts to have an idea of what the legislature spent its time on.
Continue Reading The Good, Bad & Boring – 2018 Amendments to Wisconsin’s Condominium Law

Association Alert

Executive Summary

Condominium Legal Document Review Program Update

Condominium Legal Document Review Program

2017 Wisconsin Act 303 – New Law on Fees and What You NEED to Do

Notice to Wisconsin Community Association & Property Managers – IMPORTANT UPDATE

Notice to Wisconsin Community Association & Property Managers

Sued! What Should Our Wisconsin Condominium or Homeowners Association Do NOW?

The Good, Bad & Boring – 2018 Amendments to Wisconsin’s Condominium Law

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