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Capabilities / Condominium & HOA

Condominium & HOA

From assessments to zoning, Husch Blackwell has extensive experience with condo association and HOA law.

More than 800 Wisconsin condominium and homeowners associations (HOAs) trust Husch Blackwell to handle their unique real estate, corporate, construction, environmental, contract, insurance, finance, tax, bankruptcy, and litigation issues. Our law firm's HOA and condo association attorneys have extensive experience assisting condominium associations and HOAs with enforcing their rules and restrictions, managing common amenities, amending declarations and bylaws, collecting delinquent assessments, and defending (and better yet, avoiding) HUD and Fair Housing Act issues. We partner with our clients to develop strategies for dealing with condominium unit owners, developers, contractors, insurance companies, and banks.

Only two Wisconsin attorneys are admitted to the prestigious College of Community Association Lawyers (CCAL), which recognizes excellence in the practice, and both are on our Husch Blackwell team. Our HOA and condominium attorneys also are involved as speakers, writers, members, and leaders of industry organizations such as the Community Associations Institute (CAI) and Urban Land Institute (ULI).

Our guidance to condominium and HOA clients includes:

  • Assessments, liens and foreclosures
  • Board member powers, duties and protections
  • Construction defects and contracts
  • Contracts with vendors and property managers
  • Declarations, bylaws and rules
  • Fair housing/discrimination issues
  • HUD loan certification
  • Insurance
  • Maintenance and repair checklists
  • Notice requirements
  • Rentals and leasing
  • Reserve account issues
  • Unit sales and purchases
  • Turnover from developer
  • Voting procedures

Representative Experience

  • Represented Wisconsin condominium association in recovering increased insurance premiums through a special assessment to the unit owner who bore responsibility for them. When the unit owner refused to pay, we filed a lien and started a foreclosure action. The unit owner responded by filing a counterclaim for slander of title; the association won the case on summary judgment.
  • Aggressively collected delinquent accounts for Wisconsin condominium association facing cash-flow crunch, allowing the association to pay off debts and make regular payments on its expenses.
  • Collected more than $290,000 in assessments, interest, and legal fees over two years for a Milwaukee condominium association that historically faced heavy delinquency issues. A portion came from the sale and/or rental of 10 units owned by the association.
  • Advised Wisconsin condominium association on curtailing habitual delinquency and collected more than $250,000 in assessments, interest, and legal fees over two years.
  • Developed aggressive collection policy for Wisconsin condominium association that reduced delinquency rate from 40 percent to less than 20 percent and collected more than $100,000 in assessments, interest, and legal fees for the association.
  • Advised Wisconsin condominium association on handling unit owner’s demands to allow an emotional support animal into a no-pet building and into the common element swimming pool.
  • Defended Wisconsin condominium association against unit owner’s claims of discrimination and breach of fiduciary duty, prompted by association’s refusal to ban smoking in all units. The association won summary judgment at trial and was awarded frivolous costs and fees. An appellate court affirmed the ruling.
  • Advised Wisconsin condominium association on bringing a quiet title action against lender to clear the way for sale of a foreclosed unit.
  • On behalf of Wisconsin trailer park association, filed foreclosure against delinquent unit owner, then negotiated, drafted, and implemented payment plan to collect fines and unpaid monthly assessments.
  • Represented Wisconsin condominium association in filing foreclosure action and seeking money judgment against delinquent unit owner. The association previously had received numerous small claims judgments through garnishments; our aggressive action stopped the unit owner’s cycle of nonpayment.
  • Advised Wisconsin condominium association in negotiations to amend declaration. The agreement allowed one owner to convert common element into unit space while reducing assessments for other unit owners.
  • Represented condo association in Walworth County, Wisconsin, in filing a lien and proceeding with foreclosure against bank that had taken possession of unit and refused to pay past and ongoing dues. The association was paid more than $31,000, recovering everything it was owed.
  • Counseled Wisconsin condominium association in collection effort against unit owner who paid monthly assessments but ignored numerous fines for bylaw violations. The unit owner corrected the violations and paid the fines.
  • Advised Wisconsin homeowners association that faced significant collection issues as a result of mismanaged files and accounts by its former counsel. We straightened out the files and collected more than $10,000 in unpaid assessments, late fees, interest, and attorney fees.
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Webinar | March 25, 2022
Association Academy: What's New in 2022!
Webinar | September 25, 2020
The 10 Commandments of Association Management Plus Collections!

Association Academy

Seminars | October 24, 2019
Association Academy: Collections
Seminars | September 11, 2019
Association Academy: Insurance
Seminars | February 21, 2019
Association Academy - Myth Busters!
Media Mentions | September 13, 2022
BizTimes: Rising Stars in Law: Margaret Heitkamp
Media Mentions | January 23, 2022
BizTimes: Notable Women in Law: Lydia Chartre
News Releases | April 04, 2019
JD Supra Honors Three Husch Blackwell Thought Leaders

The Readers’ Choice Awards reflect a deep dive into JD Supra's reader data in 26 established categories.

A sincere appreciation to Dan Miske for his expertise, coaching and encouragement throughout the entire mediation and arbitration process. He was a great team member.

Condo association board member