Most condominium associations’ Declarations and Bylaws give the Board of Directors the power to create and amend Rules and Regulations. But Boards must take caution, because Rules that are well-intentioned and that seem to make sense for your community may be found unenforceable by a court.
Continue Reading That Rule we Just Passed is Enforceable…Right? Think again…
Harbour Island Condominium Owners Association, Inc. v. Alexander, No. B285755 (Cal. Ct. App. Jan. 24, 2019)
Summary
In Harbour Island, the Court of Appeals of California held that tenants renting a unit that was part of a condominium association did not have standing before the board concerning meeting attendance and fines imposed for violations. The association did not have to give the tenants an opportunity to be heard, unlike the rights of actual unit owners.
Continue Reading Tenants Due Process Rights are NOT the same as Owners Rights
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?