Wisconsin homeowners are in another split jurisdiction, with a recent statute aimed at HOAs. Condominiums run on the Wisconsin Condominium Ownership Act, Wis. Stat. Chapter 703, with a focused statutory lien. Non-condo HOAs run on the recorded covenants plus Wisconsin's nonstock corporation law, Wis. Stat. Chapter 181. And 2021 Wisconsin Act 199 — now Wis. Stat. § 710.18, in effect since 2022 — added important transparency requirements for HOAs, including mandatory recording of restrictive covenants with the county Register of Deeds. For your specific situation, a licensed Wisconsin attorney is the right resource. This is general information, not legal advice.
The full Wisconsin stack typically includes:
- The Wisconsin Condominium Ownership Act, Wis. Stat. Chapter 703 — the controlling statute for condominiums. Key sections include the assessment lien (§ 703.165).
- The recorded declaration and bylaws (for condos) or recorded covenants (for non-condo HOAs) — the operating documents. Wisconsin Act 199 now requires HOA covenants to be recorded with the Register of Deeds.
- Wisconsin's nonstock corporation law, Wis. Stat. Chapter 181 — entity law for associations incorporated as nonstock corporations.
- Wis. Stat. § 710.18 (2021 Act 199) — recent HOA-transparency law, in effect since 2022.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.
The Wisconsin split: condos vs. non-condo HOAs
This is the threshold question:
- If you own a condominium, the Wisconsin Condominium Ownership Act (Chapter 703) controls.
- If you own in a planned community or other non-condo HOA, Chapter 703 does not apply. Your community runs on the recorded covenants and Wis. Stat. Chapter 181 if incorporated as a nonstock corporation — with additional transparency requirements under Wis. Stat. § 710.18.
A practical consequence: in non-condo Wisconsin HOAs, if your covenants don't grant a right — like notice and a hearing before fines — there is generally no statutory backup. The covenants and, for an incorporated association, Chapter 181 are the framework.
See Which Wisconsin Laws Govern Your HOA or Condo?.
The 2021 Act 199 covenant-recording requirement: Wis. Stat. § 710.18
Since March 20, 2022, Wis. Stat. § 710.18 has required that an HOA's covenants and restrictions "be recorded with the register of deeds in every county in which the residential planned community is located." The statute also imposes related transparency requirements:
- Beginning January 1, 2023, an association that keeps a public website for the community must post the covenants and restrictions there (§ 710.18(2)(b))
- An HOA must file a public notice with the Department of Financial Institutions and renew it annually; until it does, it may not charge a late fee or other fine on unpaid assessments, or a transfer fee (§ 710.18(3))
- Related provisions require 48 hours' notice of association meetings, cap the fee for copies of the covenants at actual cost or $50, and set a 10-business-day deadline for payoff statements (§ 710.18(4), (5), (7))
This is a Wisconsin-specific transparency push. It does not turn Chapter 181 into a general HOA statute, but it does mean a non-condo HOA's covenants have to be on file with the county register of deeds.
The condominium lien (Wis. Stat. § 703.165)
Under § 703.165, a condominium association is entitled to a lien on a unit for unpaid common expenses, damages, and penalties. Several distinctive features:
- Two-year filing window. The association must file a statement of lien within two years after the assessment becomes due. If it doesn't, the lien is lost.
- Effective date of the lien. Once filed within the two-year window, the lien is "effective against a unit at the time the assessment became due regardless of when within the 2-year period it is filed." That backdating matters for priority disputes.
- 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)). So a pre-existing first mortgage outranks the condo lien — Wisconsin does not have the super-priority structure of states like Massachusetts or Connecticut.
- 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."
- 10-day pre-foreclosure notice. The association must mail written notice to the unit owner at least 10 days before commencing foreclosure.
- Three-year enforcement clock. The association must bring the foreclosure action within three years after recording the lien.
See Can a Wisconsin HOA or Condo Foreclose Over Dues?.
Records, meetings, and fines
For condos, Chapter 703 and the recorded declaration and bylaws govern records, meetings, and fines — § 703.20(1g) lets an owner inspect on 10 business days' written notice of a date the owner selects. For non-condo HOAs, the recorded covenants and, if incorporated, Chapter 181 do almost all of the work — supplemented by § 710.18's transparency push. Chapter 181's member-inspection rights are an important backstop for incorporated non-condo HOAs when the covenants are silent. See Getting Your Wisconsin HOA's Records, Attending HOA Meetings in Wisconsin, and Challenging an HOA Fine in Wisconsin.
When a rule may not hold up
A Wisconsin rule has to fit within authority the declaration or covenants grant, be applied evenhandedly, and yield to federal law; for non-condo HOAs, § 710.18 now requires those covenants to be recorded. See When Is a Wisconsin HOA Rule Unenforceable?.
Frequently asked questions
What did 2021 Wisconsin Act 199 change?
Act 199, in effect since 2022, added Wis. Stat. § 710.18, which requires HOAs to record their restrictive covenants with the county Register of Deeds and imposes related transparency requirements. It does not create a general HOA statute, but it makes covenants publicly accessible — a meaningful change. A licensed Wisconsin attorney can confirm how the requirements apply to your specific community.
How long does my Wisconsin condo association have to file a lien?
Under § 703.165, the association must file a statement of lien within two years after the assessment becomes due, and must bring the foreclosure action within three years after the lien is recorded. Both clocks are real outer limits.
Does Wisconsin's condo lien outrank my mortgage?
No, Wisconsin does not give condo liens 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 licensed Wisconsin attorney can map the priority in a specific case.