Can an HOA File a Lien in Wisconsin?

Question:

Does anyone have firm to put a lien on a homeowner due to failure to pay association fees?

– Dave

 

Answer:

Hi Dave,

Homeowners associations do generally have the authority to place a lien on a home for failure to pay HOA dues.

According to Wis. Stat. § 703.165(3), condominiums must file a statement of lien within two years after the due date of the fee or assessment. Once the lien is recorded, it becomes effective as of the due date of the fee or assessment, regardless of when the claim is filed within the two-year timeframe. The condominium must provide a statement of the amount due within 10 business days to the unit owner if the latter submits a written request. If the condominium does not provide this statement, unrecorded liens will be extinguished.

According to Wis. Stat. § 779.70, an HOA may file a claim of lien for fees that remain unpaid for 60 days. The HOA must file this lien in the county records within 6 months of the due date.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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