Which Wyoming Laws Govern Your HOA or Condo?

Before you can hold a Wyoming association to the law, it helps to know which law applies — and Wyoming gives owners less statutory framework than almost any other state. For your specific situation, a licensed Wyoming attorney is the right resource. This is general information, not legal advice.

Does Wyoming's condo law cover records, meetings or fines?

No. Wyoming's Condominium Ownership Act, W.S. Title 34, ch. 20, has just four sections, covering condominium ownership, definitions, taxes, recording the declaration and covenants running with the land. It has no records-access provision, meetings or notice regime, fining procedure, or lien-and-foreclosure framework, and Wyoming has no general HOA statute for non-condo communities either.

Wyoming's condominium statute, the Condominium Ownership Act at W.S. § 34-20, contains just four sections:

• § 34-20-101 — Short title.
• § 34-20-102 — Condominium ownership recognized; fee simple estate in air space and common elements; inseparability.
• § 34-20-103 — Definitions.
• § 34-20-104 — Notice to tax assessor; apportionment of taxes; recording the declaration; covenants running with the land.

The core provision is § 34-20-102: "Condominium ownership of real property is recognized in this state." It reaches older and newer buildings alike — "Whether created before or after the date of this chapter," condominium ownership "shall be deemed to consist of a separate fee simple estate in an individual air space unit of a multi-unit property together with an undivided fee simple interest in common elements." The declaration is defined in § 34-20-103(a)(iv) as "an instrument which defines the character, duration, rights, obligations and limitations of condominium ownership."

That's the entire act. A traditional subdivision HOA, where you own a house and lot, is generally not a condominium — the act is built around an individual air space unit, which § 34-20-103(a)(i) describes as "any enclosed room or rooms occupying all or part of a floor or floors in a building" — and is not governed by Chapter 20 at all.

Does Wyoming have an HOA law?

No. Wyoming has no general homeowners-association statute. Whether you live in a condominium or a planned community, the framework comes from the recorded declaration, bylaws, and rules; the Wyoming Nonprofit Corporation Act (W.S. Title 17, § 17-19), if the association is incorporated; and general Wyoming contract and property law, including case law. Condominiums also have the four-section condo act.

Does Wyoming nonprofit law apply to my HOA?

Usually, if the association is incorporated. With no general HOA act and a thin condo statute, the Wyoming Nonprofit Corporation Act (W.S. Title 17, § 17-19) is where most statutory procedure lives, including an annual members' meeting (§ 17-19-701(a)) and a member's right to inspect and copy core corporate records on five business days' written notice (§ 17-19-1602(a)).

For an association incorporated as a Wyoming nonprofit, the Wyoming Nonprofit Corporation Act (W.S. § 17-19) is where most of the statutory procedure lives, because the condominium statute is so thin and there's no general HOA act. The act "applies to all domestic corporations in existence on its effective date" that were incorporated under the older nonprofit statutes it lists (§ 17-19-1801), so older incorporated associations are covered too. Some examples of what it supplies:

• Members' meetings. "A corporation with members shall hold a membership meeting annually at a time stated in or fixed in accordance with the bylaws" (§ 17-19-701(a)).
• Records. A member "is entitled to inspect and copy" the core corporate records on "written notice or a written demand at least five (5) business days before the date on which the member wishes to inspect and copy" (§ 17-19-1602(a)).
• Directors. Board members "are not individually liable for any actions, inactions or omissions by the nonprofit corporation," though that "does not affect individual liability for intentional torts or illegal acts" (§ 17-19-830(b)). A director's conflict-of-interest transaction "is not voidable if the transaction was fair at the time it was entered into" or was properly approved (§ 17-19-831(a)).
• Membership. In a mutual benefit corporation, no member may be expelled or suspended "except pursuant to a procedure that is fair and reasonable and is carried out in good faith" (§ 17-19-621(a)).

Wyoming's act does not set a general good-faith or ordinary-care standard for directors: § 17-19-830(a) says a director "shall not be deemed to be a trustee with respect to the corporation." It sets no fine procedure either, so how far a board's authority reaches on fines and rules is mostly a question of the governing documents and Wyoming case law.

Covenants run with the land

The one thing § 34-20-104 does say clearly is that, once the declaration is properly recorded, its covenants run with the land. When a declaration requires owners to be members of an association or provides "for the payment of charges assessed by the association upon condominium units," those terms "shall be considered as covenants running with the land binding upon all condominium owners and their successors in interest" (§ 34-20-104(c)). That brings the declaration's assessment, fine, and lien provisions forward against successor owners — which is why reading the declaration is the first step on almost any Wyoming dispute.

Federal law

Federal protections apply across the board: the Fair Housing Act (disability accommodations, familial status), the ADA, the Servicemembers Civil Relief Act, OTARD (satellite antennas), and the Freedom to Display the American Flag Act.

The full Wyoming stack

1. The governing documents — the recorded declaration, bylaws, and rules. In Wyoming, these carry an unusual share of the load.
2. The condominium statute — W.S. § 34-20 for condominiums (four sections). Non-condo HOAs have no equivalent.
3. The entity law — the Wyoming Nonprofit Corporation Act (W.S. § 17-19) if incorporated.
4. Federal law — FHA, ADA, SCRA, OTARD, Flag Act.

Because the right combination depends on whether you're a condo and how the association is organized, a licensed Wyoming attorney is the foundation for any specific question — from records to fines to the assessment lien.

Sources

• W.S. § 34-20 — Wyoming Condominium Ownership Act (Title 34)
• W.S. § 17-19 — Wyoming Nonprofit Corporation Act (Title 17)
• W.S. § 17-19 — Wyoming Nonprofit Corporation Act (Secretary of State copy)