Ordinance

Subscribe to Ordinance
Devil in Suit

Courts across the country have been hearing cases about short-term rentals of homes and condominium units, and there is not much consistency in the decisions made. Sometimes, it is the homeowners’ association that is trying to enforce its covenants in a manner that prohibits short-term rentals, and sometimes it is a municipality trying to enforce its zoning ordinances.  In the two cases discussed below, we have one of each—and in both cases, the language of the covenant and the ordinance made all the difference.
Continue Reading Short-Term Rentals—A Tale of Two Cases

Private Access

A Wisconsin condominium association was built as many condominium projects are — with privately owned roads. The difference with this development is that it was part of a larger development plan — one that forced it to share its private thoroughfares with neighboring associations and an apartment complex.

Over time, as residents purchased units in the development, the traffic on the Association’s private streets increased greatly, and numerous speeding cars became a safety issue. The City was less than helpful with traffic enforcement, claiming that since the streets were private, it was not the City’s problem.  …
Continue Reading Litigation With City Results in Municipal Ordinance Favoring Association