Milwaukee, WI HOA Rules: Assessment & Dues (2026)
Key Facts
- Condo Lien Statute
- Wis. Stat. 703.16
- Lien Priority
- 6 months super-priority
- Max Interest
- 18 percent
- Foreclosure
- Wis. Stat. Ch. 846
Summary
Milwaukee HOA and condo assessments are enforced under Wisconsin Stat. 703.16 for condos, which grants a statutory lien priority. Unpaid assessments can lead to foreclosure.
703.16 Common expenses and common surpluses. (1) Disposition of common surpluses. All common surpluses of the association shall be credited to the unit owners' assessments for common expenses in proportion to their percentage interests in the common elements or as otherwise provided in the declaration or shall be used for any other purpose as the association decides. (2) Funds for payment of common expenses obtained by assessments. (a) Funds for the payment of common expenses and for the creation of reserves for the payment of future common expenses shall be obtained by assessments against the unit owners in proportion to their percentage interests in the common elements or as otherwise provided in the declaration. (b) During the period of declarant control of the association under s. 703.15 (2) (c), if any unit owned by the declarant is exempt from assessments for common expenses until the unit is sold, the total amount assessed against units that are not exempt from assessments may not exceed the amount that equals nonexempt units' budgeted share of common expenses, based on the anticipated common expenses set forth in the annual budget under s. 703.161 (2) (a). The declarant is liable for the balance of the actual common expenses. 703.165 Lien for unpaid common expenses, unpaid damages, and unpaid penalties. (1) Definition. In this section, "assessments" means regular and special assessments for common expenses and charges, fines, or assessments against specific units or unit owners for damages to the condominium or for penalties for violations of the declaration, bylaws, or association rules. (2) Liability for assessments. A unit owner shall be liable for all assessments, or installments thereof, coming due while owning a unit, including any assessments coming due during the pendency of any claim by the unit owner against the association or during any period in which the unit is not occupied by the unit owner or is leased or rented to any other person.
Full Breakdown
Wisconsin Stat. 703.16 gives condo associations a statutory lien on a unit for unpaid assessments, with six months of assessment liens ranking ahead of first mortgage liens in foreclosure. HOAs rely on their Declaration for lien authority plus general contract law. Assessments must be levied per the percentage of ownership interest or method in the Declaration. Late fees and interest up to 18 percent per year are common. Owners disputing assessments must typically pay under protest and pursue the dispute through mediation or circuit court. Association foreclosures proceed under Wis. Stat. Ch. 846.
Violations & Fines
Unpaid assessments accrue late fees plus interest up to 18 percent and can trigger lien foreclosure after demand notices.
Frequently Asked Questions
Can my HOA foreclose?
Do assessments survive a mortgage foreclosure?
Sources & Official References
Other rules in Milwaukee
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