Can a Wisconsin HOA or Condo Foreclose Over Dues?

Whether a Wisconsin community association can foreclose for unpaid dues depends on whether you live in a condominium or a non-condo HOA. The condo framework is well-defined; non-condo HOAs rely on the recorded covenants. For your specific situation, a licensed Wisconsin attorney is the right resource. This is general information, not legal advice.

Condominiums: Wis. Stat. § 703.165

For condominiums under the Wisconsin Condominium Ownership Act, Section 703.165 gives the association a lien for unpaid common expenses, damages, and penalties. The Wisconsin framework has several distinctive features.

The two-year filing window

The association must file a statement of lien within two years after the assessment becomes due. That window is critical:

• If the statement is filed within two years, the lien is "effective as of the date the assessment became due, regardless of when the claim is filed within the two-year period"
• If the statement is not filed within two years, the lien for that assessment is lost

The backdating of the effective date can matter for priority disputes with other creditors.

Priority — first mortgages outrank the lien

Wisconsin does not give condo associations a super-priority over a first mortgage. The assessment lien is junior to "all sums unpaid on a first mortgage recorded prior to the making of the assessment" (§ 703.165(5)(b)). A pre-existing first mortgage outranks the condo lien — no equivalent of Massachusetts's six-month super-priority or Connecticut's nine-month super-priority.

Foreclosure procedure

The lien "may be enforced and foreclosed by an association or any other person specified in the bylaws, in the same manner, and subject to the same requirements, as a foreclosure of mortgages on real property in this state." So Wisconsin's mortgage foreclosure procedures apply.

Pre-foreclosure notice — 10 days

Before commencing foreclosure, the association must mail written notice to the unit owner at least 10 days in advance. That gives a short but real window to address the dispute before litigation begins.

Three-year enforcement clock

The foreclosure action must be brought within three years after recording the lien. Old, stale lien claims fall away by operation of the statute.

Non-condo HOAs: rely on the covenants

For non-condo HOAs in Wisconsin, there is no Chapter 703 equivalent. Whether and how the association can record a lien and foreclose depends almost entirely on the recorded covenants:

• The covenants must expressly authorize the association to lien the home for unpaid assessments
• The covenants must specify the procedure for recording and enforcing the lien
• Wis. Stat. § 710.18 (2021 Act 199) — effective January 1, 2023 — requires HOA covenants to be recorded; a noncompliant HOA can't charge late fees or transfer fees, and an unrecorded covenant may not bind a buyer who lacked notice

If the covenants don't grant a lien — or weren't properly recorded — there is generally no statutory backup creating one in Wisconsin.

What people generally do

Owners facing assessment debt in Wisconsin often:

• Identify whether the community is a condominium or non-condo HOA — the framework is fundamentally different
• For condos, request a written payoff and the association's records to confirm what is owed
• For condos, check whether the 2-year filing window and 3-year enforcement window have been met
• For non-condo HOAs, pull the recorded covenants from the Register of Deeds to confirm the association has authority to lien for what it is claiming, and that the covenant is properly recorded under § 710.18
• Separate disputed fines from undisputed assessments
• Confirm the 10-day pre-foreclosure notice was sent before any judicial action
• Consult a licensed Wisconsin attorney early, while options remain open

Sources

• Wis. Stat. § 703.165 — Lien for unpaid common expenses, damages, and penalties
• Wis. Stat. ch. 703 — Condominium Ownership Act
• 2021 Wisconsin Act 199 — HOA covenant recording