Which Wisconsin Laws Govern Your HOA or Condo?

Wisconsin has a focused condo statute and no general HOA statute — but 2021 Wisconsin Act 199 (in effect since 2022) added transparency requirements for HOAs that owners should know about. For your specific situation, a licensed Wisconsin attorney is the right resource. This is general information, not legal advice.

What law governs condos in Wisconsin?

Primarily the Wisconsin Condominium Ownership Act, Wis. Stat. ch. 703, which under § 703.03 applies only to property submitted to it by executing and recording a declaration. It addresses the assessment lien (with no super-lien), budgets, voting, meetings and association powers, and the recorded declaration and bylaws fill in the operational detail.

If you own a condominium, the Wisconsin Condominium Ownership Act controls. Under Wis. Stat. § 703.03, "This chapter applies only to property, a sole owner or all of the owners of which submit the property to the provisions of this chapter by duly executing and recording a declaration as provided in this chapter." It addresses:

• The assessment lien (§ 703.165) — assessments become a lien "if a statement of lien is filed within 2 years after the date the assessment becomes due" (§ 703.165(3)); "No action may be brought to foreclose the lien unless brought within 3 years following the recording of the statement of condominium lien" (§ 703.165(7)); and the lien is junior to "All sums unpaid on a first mortgage recorded prior to the making of the assessment" (§ 703.165(5)(b)), so there is no super-lien
• Common-expense assessments and budgets — including an annual budget for "any condominium that includes at least one unit that is restricted to residential use" (§ 703.161(1))
• Voting, meetings, and association powers
• Unit-owner protections and remedies

Every condominium "shall be governed by an association that, even if unincorporated, is constituted a legal entity for all purposes" (§ 703.15(1)). The declarant may organize it "only as a for-profit corporation; nonstock, nonprofit corporation; or unincorporated association," and "Beginning on March 13, 2022, a declarant may not organize an association as a for-profit corporation" (§ 703.15(2)(a)). The recorded declaration and bylaws fill in the operational detail.

Does Wisconsin have a law for non-condo HOAs?

Only a narrow one. No statute parallels Chapter 703 for non-condo HOAs. They run on recorded covenants and bylaws, nonstock corporation law (Wis. Stat. ch. 181) if incorporated under it, and Wis. Stat. § 710.18, which requires covenants to be recorded and bars late fees, other fines on unpaid assessments and transfer fees until the HOA's required public notice is filed.

In more detail, a non-condo community runs on:

• The recorded covenants and bylaws — the source of the association's powers
• Wisconsin's nonstock corporation law, Wis. Stat. Chapter 181 — for HOAs incorporated as nonstock corporations; it supplies member voting and meeting rules, records-inspection rights (a member may inspect and copy listed records on written notice "at least 5 business days before the date on which the member wishes to inspect and copy," § 181.1602(1)), and director-liability rules (§ 181.0855)
• Wis. Stat. § 710.18 (from 2021 Act 199) — requiring covenants to be recorded and barring late fees, other fines on unpaid assessments, and transfer fees while an HOA hasn't filed its required public notice

Section 710.18 does not require any particular entity form. It defines an association as an entity "created to manage or regulate, or to enforce covenants and restrictions for, a residential planned community" that "consists of members, stockholders, or other owners substantially all of whom are owners of residential lots," and it excludes "a condominium association, as defined in s. 703.02 (1m)" (§ 710.18(1)(b)). An association that does incorporate under chapter 181 while also regulated by another statute "shall be subject to all limitations of the other statute" (§ 181.0301(2)).

What 2021 Act 199 changed (Wis. Stat. § 710.18)

2021 Wisconsin Act 199 created § 710.18. Under it:

• Recording. If an association is created to manage, regulate or enforce covenants for a residential planned community, "the covenants and restrictions shall be recorded with the register of deeds in every county in which the residential planned community is located" (§ 710.18(2)(a)). Beginning January 1, 2023, an association that keeps a public website for the community "shall post the covenants and restrictions for the residential planned community on the Internet site" (§ 710.18(2)(b)).
• Public notice with the Department of Financial Institutions. "An association existing on December 14, 2022, shall file a notice under par. (e) no later than January 13, 2023," and newer associations within 30 days of creation (§ 710.18(3)(a), (b)); the notice is renewed annually (§ 710.18(3)(c)). Until a required notice is filed, the association may not "Charge a late fee or other fine for any unpaid assessments owed by any residential lot owner" or charge a transfer fee, and "Any prohibited action taken by an association during a period of noncompliance under this paragraph is void and unenforceable" (§ 710.18(3)(f)).
• A timing rule for older covenants. Under Act 199 § 4(1)(b), if the fee or fine is authorized by covenants "that contain provisions inconsistent with the treatment of s. 710.18 (3) (f), that treatment first applies on the day on which the covenants and restrictions are extended, modified, or renewed, whichever occurs first."
• Meetings, copies, suspensions and payoffs. The association "shall provide notice of any meeting of the association at least 48 hours before the meeting" (§ 710.18(4)); copy charges for the covenants are capped at actual cost or "$50, whichever is less," unless the covenants provide otherwise (§ 710.18(5)); suspending an owner's rights for nonpayment requires a written notice "identifying the rights the association intends to suspend and the actions the residential lot owner may take to avoid that suspension" (§ 710.18(6)); and a requested payoff statement is due "within 10 business days after the request is submitted" (§ 710.18(7)(b)).

Section 710.18 is not a comprehensive HOA statute, but it does mean a non-condo HOA's covenants have to be on file with the county register of deeds.

How the layers fit

1. The recorded declaration (for condos) or covenants (for non-condo HOAs) and bylaws — the community's own documents. For condos, § 703.30(4) sets the order: "If there is any conflict between any provisions of a declaration and provisions of a condominium plat or any provisions of the bylaws, the provisions of the declaration shall control," and if the condominium instruments or bylaws conflict with chapter 703, "the provisions of this chapter shall control."
2. The Wisconsin Condominium Ownership Act (Wis. Stat. Chapter 703) for condos — or no general statute for non-condo HOAs.
3. Wisconsin's nonstock corporation law (Wis. Stat. Chapter 181) for an association incorporated under it.
4. Wis. Stat. § 710.18 (2021 Act 199) for HOA covenant recording and transparency.
5. Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.

From records to fines to the assessment lien, the condo-vs-non-condo split — and the § 710.18 transparency layer for HOAs — is the starting point for most Wisconsin homeowner questions.

Sources

• Wis. Stat. ch. 703 — Condominiums
• Wis. Stat. § 703.03 — Application of chapter
• Wis. Stat. § 703.15 — Association of unit owners
• Wis. Stat. § 703.165 — Lien for unpaid common expenses, unpaid damages, and unpaid penalties
• Wis. Stat. § 703.30 — Rules of construction
• Wis. Stat. § 710.18 — Homeowners' associations; regulation
• Wis. Stat. ch. 181 — Nonstock Corporations
• 2021 Wisconsin Act 199 (HOA transparency)