Which Wisconsin Laws Govern Your HOA or Condo?

Wisconsin has a focused condo statute and no general HOA statute — but the 2021 Wisconsin Act 199 (effective January 1, 2023) added important 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.

Condominiums: the Condominium Ownership Act (Wis. Stat. ch. 703)

If you own a condominium, the Wisconsin Condominium Ownership Act controls. It addresses:

• The assessment lien (§ 703.165) — two-year filing window, three-year enforcement window, first mortgages take priority (no super-lien)
• Common-expense assessments and budgets
• Voting, meetings, and association powers
• Unit-owner protections and remedies

The recorded declaration and bylaws fill in the operational detail.

Non-condo HOAs: covenants + Chapter 181 + § 710.18

For non-condo HOAs, there is no Wisconsin statute parallel to Chapter 703. Your community runs on:

• The recorded covenants and bylaws — the source of the association's powers
• The Wisconsin Nonstock Corporation Act, Wis. Stat. Chapter 181 — for incorporated HOAs (most are), supplies director duties, member rights, and meeting and recordkeeping procedures
• Wis. Stat. § 710.18 (from 2021 Act 199) — effective January 1, 2023, this is Wisconsin's newest HOA-transparency statute, requiring covenants to be recorded and barring late fees or transfer fees by a noncompliant HOA

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

Wisconsin's most recent HOA reform is worth understanding. As of January 1, 2023:

• HOAs must record their restrictive covenants with the Register of Deeds in the county where the community is located
• Recording makes covenants publicly searchable
• Covenants not properly recorded face enforceability questions
• The statute addresses related transparency, amendment, and enforcement issues

This does not turn Chapter 181 into a comprehensive HOA statute, but it solves the most common HOA transparency problem in Wisconsin — finding the actual covenants that bind your property.

How the layers fit

1. The recorded declaration (for condos) or covenants (for non-condo HOAs) and bylaws — the community's own documents.
2. The Wisconsin Condominium Ownership Act (Wis. Stat. Chapter 703) for condos — or no general statute for non-condo HOAs.
3. The Wisconsin Nonstock Corporation Act (Wis. Stat. Chapter 181) for the incorporated entity.
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 new § 710.18 transparency layer for HOAs — is the starting point for most Wisconsin homeowner questions.

Sources

• Wis. Stat. ch. 703 — Condominiums
• Wis. Stat. ch. 181 — Nonstock Corporations
• 2021 Wisconsin Act 199 (HOA transparency)