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Association Alert

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By: Husch Blackwell LLP

Blog Authors

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

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…

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
  • …

    Association Alert

    Parking for Handicapped Individuals – Denying a Reasonable Accommodation is Costly

    By Daniel Miske
    December 28, 2023
    Handicap Sign

    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
  • …

    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…

    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…

    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…

    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
  • …

    Association Alert

    Do Assessments Require Board Action – YES

    By Daniel Miske
    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
  • …

    Association Alert

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

    By Daniel Miske
    July 31, 2023
    Solar Panels

    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
  • …

    Association Alert

    Statute of Limitations Prohibits Association from Bringing Action to Reform Declaration

    By Daniel Miske
    June 26, 2023
    Documents

    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
  • …

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