Levy of Condominium Assessments

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WI Court of Appeals – District III

Case Name: Riverstone Creek Condominium Owners Association, Inc. v. Georgia Hall, et al.

Case No.: 2016AP1354

Officials: Seidl, J.

Focus: Levy of Condominium Assessments

Georgia and Harry Hall, pro se, appeal summary judgments granted in favor of Riverstone Creek Condominium Owners Association, Inc., (the Association) in its actions against the Halls to collect unpaid condominium assessments. The Halls raise several challenges to the Association’s levy of the assessments against them. Primarily, they argue Lee Investments, LLC (Lee), which is the owner of three-fourths of the units in the Association, was not entitled to vote in the affairs of the Association. Additionally, they contend three of the elected condominium board members were ineligible to serve on the board. For both reasons, the Halls contend the board’s vote at a condominium meeting authorizing the assessments was invalid. We reject the Halls’ arguments and affirm the judgments in favor of the Association.

The Association cross-appeals the amount of attorney fees and costs the circuit court awarded in its favor. It contends the court erroneously exercised its discretion by awarding only $1000—which is less than its actual fees and costs—without explanation. We agree with the Association, reverse the $1000 award, and remand to the circuit court with directions to reconsider the attorney fee award, including attorney fees and costs associated with this appeal.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.