Wisconsin HOA Laws

In Wisconsin, homeowners associations are not regulated by a specific statute. But, there are still some state laws that affect these associations. Understanding what these Wisconsin HOA laws are is the first step to avoiding legal liability.


For Condominiums

The Wisconsin Condominium Ownership Act regulates the creation, operation, management, and authority of condominium associations established under the provisions of this Act. To do so, condominiums must record a declaration with the county register of deeds where the property resides.

You can find the Wisconsin Condominium Ownership Act under Chapter 703 of the Wisconsin Statutes. It contains the following sections:


Wisconsin HOA Laws on Corporate Governance

The Wisconsin Nonstock Corporations Act governs the corporate structure, procedure, and management of nonstock corporations in the state. Under Wisconsin law, most condominium and homeowners associations are incorporated as nonstock corporations. Therefore, they must adhere to the Wisconsin Nonstock Corporations Act.

You can find this Act under Chapter 181 of the Wisconsin Statutes. It consists of 17 subchapters, each one broken down further into sections, listed below.

Subchapter I. General Provisions

Subchapter II. Incorporation

Subchapter III. Purposes and Powers

Subchapter IV. Name

Subchapter V. Office and Agent

Subchapter VI. Members and Memberships

Subchapter VII. Member Meetings and Voting

Subchapter VIII. Directors and Officers

Subchapter IX. Reserved

Subchapter X. Amendment of Articles of Incorporation and Bylaws

Subchapter XI. Merger; Conversion

Subchapter XII. Sale of Assets

Subchapter XIII. Distributions

Subchapter XIV. Dissolution

Subchapter XV. Foreign Corporations

Subchapter XVI. Records and Reports

Subchapter XVII. Transitional Provisions


Fair Housing

The HOA laws of Wisconsin also cover Fair Housing. The Wisconsin Open Housing Law offers state-level protection to residents against housing discrimination based on age, religion, sex, sexual orientation, ancestry, national origin, color, race, family status, marital status, and disability. It also prohibits discrimination based on a person’s lawful source of income or status as a victim of domestic abuse, stalking, or sexual assault.

Wisconsin’s Fair Housing laws function in much the same way as the federal Fair Housing Act. Housing discrimination victims can file a lawsuit in state or federal court. Alternatively, victims may also submit a complaint to the U.S. Department of Housing and Urban Development or the Wisconsin Department of Workforce Development Equal Rights Division.


Public Accommodations

Under Section 106.52 of the Wisconsin Statutes, homeowners associations may not discriminate against persons based on their color, national origin, ancestry, race, creed, sex, sexual orientation, disability, or the presence of a service animal in public accommodations. The statute works similarly to the Americans with Disabilities Act.

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