Attending HOA Meetings in Wisconsin

Wisconsin does not have a single open-meeting statute for community associations. Your meeting rights depend on whether you live in a condominium or a non-condo HOA, and on the recorded governing documents. For your specific situation, a licensed Wisconsin attorney is the right resource. This is general information, not legal advice.

How much notice must a Wisconsin condo association give for meetings?

At least 10 days' written notice. Under Wis. Stat. § 703.15(4), no regular or special meeting of the association may be held without at least 10 days' written notice delivered or mailed to every unit owner at the roster address, unless all unit owners execute waivers. For executive board meetings, notice is typically set by the bylaws.

Under the Condominium Ownership Act, "The administration of every condominium shall be governed by bylaws" (Wis. Stat. § 703.10(1)). The bylaws must cover the basic meeting mechanics, including "the attendance necessary to constitute a quorum at any meeting of the association; the manner of notifying the unit owners of any proposed meeting" (§ 703.10(2)(c)).

The statute also sets its own notice floor in § 703.15(4):

"No regular or special meeting of the association may be held except on at least 10 days' written notice delivered or mailed to every unit owner at the address shown on the roster or unless waivers are duly executed by all unit owners."

That roster matters for voting. Every owner must give the association a name and current mailing address, and "No unit owner may vote at meetings of the association until this information is furnished." Owners can vote by proxy, but "the proxy is effective only for a maximum period of 180 days following its issuance, unless granted to a mortgagee or lessee." The bylaws can also restrict voting by owners with unpaid liens: they "may contain a provision prohibiting any unit owner from voting at a meeting of the association if the association has recorded a statement of condominium lien on the person's unit and the amount necessary to release the lien has not been paid at the time of the meeting" (§ 703.10(4)).

Once the developer steps back, § 703.15(2)(f) requires an election: "Not later than 45 days after the expiration of any period of declarant control, an association shall hold a meeting and the unit owners shall elect an executive board of at least 3 directors and officers of the association."

These Chapter 703 rules address meetings of the association (the owners). Notice and conduct of executive board meetings are typically set by the bylaws.

What meeting rules apply to non-condo HOAs in Wisconsin?

Mostly the recorded covenants and bylaws, plus a minimum notice rule. Under Wis. Stat. § 710.18(4), which excludes condominium associations, a residential planned community's association must provide notice of any meeting at least 48 hours before it. For incorporated HOAs, Wis. Stat. ch. 181 supplies member-meeting procedures and voting rules.

For non-condo HOAs, meeting rights flow from:

• The recorded covenants — typically set out the basic meeting framework, voting rights, and assessment-approval procedure
• The bylaws — fill in notice, quorum, and operational detail
• Wis. Stat. § 710.18 — Wisconsin's homeowners' association statute, which sets a minimum meeting-notice rule
• Wisconsin's nonstock corporation law, Wis. Stat. ch. 181 — for incorporated HOAs, supplies member meeting procedures and voting rules

Section 710.18 applies to the association of a residential planned community and expressly "does not include a condominium association." Its notice rule, § 710.18(4), reads:

"The association of a residential planned community shall provide notice of any meeting of the association at least 48 hours before the meeting."

"Unless the covenants and restrictions for the residential planned community provide otherwise," notice goes out in every listed way: written notice to all lot owners, "Sending notice of the meeting to the last-known electronic mail address for each residential lot owner," first-class mail, posting on the association's website if it has one, and posting in a common area that every owner can reach.

For an incorporated HOA, Chapter 181 adds member-meeting rules. "A corporation with members shall hold annual meetings of members at a time stated in or fixed in accordance with the bylaws" (§ 181.0701(1)), and at the annual meeting "an officer shall report on the activities and financial condition of the corporation" (§ 181.0701(4)). Members can force a special meeting when "Members holding at least 5 percent of the voting power of a corporation, or such other percentage specified in the articles of incorporation or bylaws, sign, date and deliver to any corporate officer one or more written demands for the meeting" (§ 181.0702(1)(b)).

Chapter 181 notice follows the bylaws "or, if the bylaws are silent, in a manner that is fair and reasonable" (§ 181.0705(1)). Its safe harbor is notice of the place, date, and time "not more than 60 days and not less than 10 days" before the meeting, or 30 days when notice is mailed by other than first-class or registered mail (§ 181.0705(3)(a)). How that interacts with § 710.18's 48-hour rule for a particular association is a question for a Wisconsin attorney.

What people generally do

Owners who want a real voice in their Wisconsin community association commonly take these steps:

• Many owners read the recorded declaration (or covenants) and bylaws for the specific meeting and notice mechanics
• For incorporated HOAs, owners often identify which Chapter 181 procedures supplement the bylaws
• Attending annual meetings and documenting any procedural irregularities creates a record
• Requesting meeting minutes and notices can confirm how decisions were made
• If the bylaws, § 710.18, or Chapter 181 requirements appear to have been ignored, a licensed Wisconsin attorney is the right resource

Sources

• Wis. Stat. § 703.10 — Bylaws
• Wis. Stat. § 703.15 — Association of unit owners
• Wis. Stat. ch. 703 — Condominium Ownership Act
• Wis. Stat. § 710.18 — Homeowners' associations; regulation
• Wis. Stat. § 181.0701 — Annual and regular meetings
• Wis. Stat. § 181.0702 — Special meeting
• Wis. Stat. § 181.0705 — Notice of meeting
• Wis. Stat. ch. 181 — Nonstock Corporations