Question:
Our HOA issued dues for 2023 that were a 16% increase from the previous year with no explanation of why there was an increase and no breakdown of what the dues are for. There was no notice or discussion within the neighborhood at all. Also, in August 2022, there were multiple members that nominated themselves to join the board as the board had sent out notice that nominations were do and if it would take place shortly after that meeting. It is now going into March 2023 and they aOur HOA issued dues for 2023 that were a 16% increase from the previous year with no explanation of why there was an increase and no breakdown of what the dues are for. There was no notice or discussion within the neighborhood at all. Also, in August 2022, there were multiple members that nominated themselves to join the board as the board had sent out notice that nominations were due and if it would take place shortly after that meeting. It is now going into March 2023 and they are not responding to anyone regarding these nominations and they have not made any effort to make decisions. regarding any matter whatsoever, they are not responding to anyone that reaches out to them. We only have their emails. We do not have phone numbers. There are things other than what I had just mentioned that they are doing that go against our bylaws. What can the families in the neighborhood do about this?
– Katie
Answer:
Hi Katie,
Under the Wisconsin Condominium Ownership Act Section 703.161, condominiums must present an annual budget detailing the anticipated expenses of the association, any assessments to be levied against owners, and the purpose of the assessment, among other things. However, if you are not a condominium, it is best to check your governing documents. Wisconsin currently does not have a specific act governing homeowners associations.
Your governing documents should tell you what the board can and cannot do (as well as what they are obligated to do). Check your bylaws and CC&Rs to see if there is a limit to dues increases and what the budget requirements are. These documents should also tell you everything you need to know about electing board members in your association.
If you are unsatisfied with the way your board is running the HOA, you might consider removing board members. Again, the exact procedures should be outlined in your bylaws. Though, the Wisconsin Nonstock Corporations Act also provides some guidance if your HOA is a nonstock corporation. Beyond that, you might consider consulting a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
