Wisconsin has no comprehensive non-condo HOA act. Condominium associations get a statutory assessment lien under Wis. Stat. § 703.165 that is foreclosed like a mortgage. Non-condo HOAs have no such statute and collect through their recorded declaration plus the Nonstock Corporation Act, Wis. Stat. ch. 181.
For condominiums, Wis. Stat. § 703.165 provides that "all assessments, until paid, together with interest on them and actual costs of collection, constitute a lien on the units on which they are assessed, if a statement of lien is filed within 2 years after the date the assessment becomes due." The lien is recorded with the clerk of circuit court and "may be enforced and foreclosed by an association ... in the same manner, and subject to the same requirements, as a foreclosure of mortgages on real property in this state," after 10 days' written notice. Common expenses are assessed by percentage interest under § 703.16. Non-condominium HOAs get no statutory lien — collection rests entirely on the recorded declaration and ch. 181.
Unpaid condo assessments become a lien recorded with the clerk of circuit court and foreclosed like a mortgage under § 703.165, after 10 days' written notice; the action must begin within 3 years of recording. Non-condo HOA remedies come only from the recorded declaration.
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West Allis, WI
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