Section Newsletters

Articles From Barbara Starke Tishuk

Appellate court rules condominium association need not have filed a lawsuit to collect unpaid assessments from a foreclosure By Barbara Starke Tishuk Real Estate Law, October 2018 In Sylva, LLC v. Baldwin Court Condominium Association, Inc., the appellate court ruled that a condominium association did not have to file a lawsuit against prior condo owner in order to collect unpaid assessments from a foreclosure buyer under section 9(4)(g) of the Condominium Association Act.
1 comment (Most recent October 25, 2018)
Good riddance to the CFPB’s arbitration rule, but oversight still needed By Barbara Starke Tishuk Alternative Dispute Resolution, February 2018 Rather than throw out the good with the bad, the arbitration issue should be re-examined with a fresh set of eyes. To that end, rather than a broad, fiercely anti-business arbitration regulation, a narrowly tailored approach that specifically targets those provisions in arbitration agreements that are most problematic is a better way of reining in any abuses associated with consumer pre-dispute arbitration agreements.
Here we go again: Timeliness of post-foreclosure sale assessment payments left unresolved in Andersonville South Condominium Assoc. v Federal Nat’l Mortg. Assoc. By Barbara Starke Tishuk Real Estate Law, December 2017 The best course of action for purchasers of foreclosed condominium units to take is to pay any post-foreclosure assessments no later than the first day of the first month following the confirmation of the foreclosure sale.
2 comments (Most recent November 27, 2017)
Regulatory taking: A review of Murr v. Wisconsin By Barbara Starke Tishuk Real Estate Law, September 2017 In June 2017, the United States Supreme Court established a new—and potentially unwieldy—test for defining the unit of property subject to an alleged regulatory taking.

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