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By: Husch Blackwell LLP

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Amy Ambro
Shawn Anderson
Ketajh Brown
Sandra Chapman
Lydia Chartre
Catarina Colón
Billie Jo Fatheree
Angela B. Harden
Naomie Kweyu
Daniel Miske
Lea Rusk

Latest from Association Alert

Association Alert

Corporate Transparency Act Ruled UNCONSTITUTIONAL

By Daniel Miske
March 4, 2024

If you are reading this article, odds are that you have heard of the Corporate Transparency Act (“CTA”). Odds also are that this is the first you have heard that a Federal Court in the Northern District of Alabama has ruled it to be unconstitutional because the CTA “cannot be justified as an exercise of…

Association Alert

The Risk of Being Under Insured

By Daniel Miske
January 4, 2024

Truck Insurance Exchange v. Ullman, –N.E.3d – (2023), 2023 IL APP (1st) 220804

What you need to know:

  • Purchasing inadequate amounts of insurance as a director can result in a lawsuit against you for which there might not be insurance coverage.
  • If your association objects to you as a director seeking sufficient insurance coverage, resign
  • …

    Association Alert

    Parking for Handicapped Individuals – Denying a Reasonable Accommodation is Costly

    By Daniel Miske
    December 28, 2023

    United States of America v. Aqua 388 Community Association 2023 WL 6890753 US Dist Ct., C.D. California (October 6, 2023)

    What you need to know:

  • If a handicapped person asks for a parking spot to accommodate a disability, grant it unless you have a legal opinion that you don’t need to. 
  • Contesting a reasonable accommodation
  • …

    Association Alert

    Association Records – What You Need to Know

    By Daniel Miske
    December 6, 2023

    Two years ago, the law in Wisconsin was clarified relative to what records unit owners were entitled to inspect and copy. That list used to require a comparison of Ch. 703 and Ch. 181 Wis. Stat. Now what is required to be maintained and produced to unit owners is set forth in 703.20 Wis. Stat. Below is a…

    Association Alert

    Minutes of Meetings – What You Need to Record

    By Daniel Miske
    November 3, 2023

    About twenty years ago my friend attorney Jonathan Levine wrote a handout that was entitled “MINUTES…NOT HOURS!” It gave a great account of what was and what was not needed in the minutes. Rather than re-write what he wrote, I simply copied (with minor additions) his list below:…

    Association Alert

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

    By Daniel Miske
    September 5, 2023

    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…

    Association Alert

    Can a New Capital Project be Paid by Annual Assessments – YES

    By Daniel Miske
    August 29, 2023

    Walsh v. Hawthorn Hills Owners of Rochester, Inc. 2023 WL 4144757, Not Reported in N.W.Rptr (Michigan, 2023)

    What you need to know:

  • A new construction project (street lights) can be a general and recurring expense and therefore fall under the annual budget.
  • The key to determining whether something is or is not potentially part of
  • …

    Association Alert

    Do Assessments Require Board Action – YES

    By Daniel Miske & Lea Rusk
    August 24, 2023

    Desch v. South Fork of Hillsborough County II Homeowners Association, —So.3d— (2023).

    What you need to know:

  • Past practice likely won’t be sufficient to sustain a manager’s assessment to a lot owner.
  • If your association documents set forth a process by which something must be done (e.g. assessments) FOLLOW IT. 
  • …

    Association Alert

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

    By Daniel Miske
    July 31, 2023

    What you need to know:

  • The Inflation Reduction Act extended the Federal Residential Solar Energy Credit and raised it from 26% to 30%;
  • 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;
  • Members of homeowner associations, condominiums,
  • …

    Association Alert

    Statute of Limitations Prohibits Association from Bringing Action to Reform Declaration

    By Daniel Miske
    June 26, 2023

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

    Lessons learned:

  • 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.
  • Before the statute
  • …

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