Walworth County, WI HOA Rules: Board Governance (2026)
Key Facts
- Governing chapter
- Walworth County Code ch. 58, Subdivisions
- Membership
- Mandatory and automatic for all buyers
- Funding start
- Subdivider subsidizes before any unit sale
- Transfer notice
- 30 days' written notice to members, town, county
- County remedy
- Enter, correct, and bill benefited properties
Summary
When a Walworth County subdivision sets aside common conservation land, the developer must form a homeowners association with mandatory, automatic membership for every lot buyer under Walworth County Code § 58-11. The subdivider funds the association until units start selling, and the county can step in if it fails to maintain shared land.
Homeowners association. Conservation land may be held in common ownership as undivided proportionate interests by the members of a homeowners association or up to half of the conservation land may be held on conservation lots ten acres in size or greater, subject to the following requirements:a.The subdivider shall provide to the county a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for conservation land.b.The organization shall be established by the owner or subdivider and shall be operating, with financial subsidy by the subdivider, if necessary, prior to the sale of any dwelling units in the development.c.Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.d.The organization shall be responsible for maintenance and implementation of the land stewardship plan and property insurance of conservation land.
Full Breakdown
Walworth County does not have a general HOA statute, but its subdivision design standards in Sec. 9-B) regulate homeowners associations formed to hold conservation land in new developments in the unincorporated towns. Under the ordinance, membership in the association is mandatory for every purchaser of a dwelling unit and their successors, and the subdivider must have the association established and operating, with financial subsidy if necessary, before any unit is sold. The subdivider must give the county a description of the organization and its bylaws, and the association is responsible for maintaining and insuring the conservation land and implementing the required land stewardship plan, with members sharing costs equitably.
Written notice of any proposed transfer of the land or of the association's assumption of maintenance duties must go to every member, the town board, and the county Land Use and Resource Management department at least 30 days ahead of time. Separately, Sec. 10)(e) requires that any private road, street, or way created as a subdivision condition be maintained by a homeowners association with authority to impose and enforce a maintenance lien under Wis. 70. If a conservation-land association fails to maintain its property, the county can serve written notice describing the needed corrections and a deadline; if the association does not comply, LURM may enter the premises, make the repairs, and assess the cost against the properties that benefit from the land.
Violations & Fines
An association or subdivider that skips the mandatory bylaws filing, fails to subsidize the organization before unit sales, or lets conservation land go unmaintained is in violation of Chapter 58. The county's remedy is direct: written notice of the specific deficiency and a correction deadline, followed by county entry to perform the work and a cost assessment against the benefited properties, collected as an ordinary charge against the parcels.
Frequently Asked Questions
Does Walworth County regulate all homeowners associations?
Can a new owner refuse to join the association?
What happens if the association stops maintaining shared land?
Sources & Official References
Other rules in Walworth County
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