Madison HOA CCRs are enforced under Wisconsin contract and real property law. WI Stat. Chapter 703 governs condominiums. Enforcement requires consistency, reasonable notice, and adherence to declaration procedures.
Covenants, conditions, and restrictions (CCRs) recorded against Madison properties run with the land and are enforceable as equitable servitudes under Wisconsin real property law. For condominiums, WI Stat. Chapter 703 (Condominium Ownership Act) supplies statutory enforcement tools including fines (if authorized), liens, and injunctive relief. Enforcement must be consistent; selective enforcement can create waiver and estoppel defenses. Typical process: written notice of violation, cure period, hearing before the board, imposition of fine or other remedy, and if unresolved, circuit court injunction. CCRs cannot be used to violate fair housing laws (WI Stat. Chapter 106) or the federal Fair Housing Act. Amendments to CCRs require the vote specified in the declaration, commonly 67-75% of owners.
Unaddressed violations can result in fines, liens, and court-ordered compliance or removal of improvements. Selective enforcement can bar relief.
See how Madison's cc&r enforcement rules stack up against other locations.
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