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Wisconsin Statewide Rule

Wisconsin Condominium & HOA Assessment Collection Rules

Heavy RestrictionsApplies statewide across Wisconsin (2026)

Key Facts

Condo lien statute
Wis. Stat. § 703.165
Filing deadline
Statement of lien within 2 years of due date
Foreclosure method
Same manner as a mortgage on real property
Action time limit
Foreclosure within 3 years of recording lien
Comprehensive HOA act
None: non-condo HOAs use declaration + ch. 181
Last verified: August 20, 2026

Summary

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.

703.165 703.165 Lien for unpaid common expenses, unpaid damages, and unpaid penalties. 703.165(1) (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. 703.165(2) (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. In a voluntary grant, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his or her share of the common expenses up to the time of the voluntary grant for which a statement of condominium lien is recorded, without prejudice to the rights of the grantee to recover from the grantor the amounts paid by the grantee for such assessments. Liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made. 703.165(3) (3) Assessments constitute lien.

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can a Wisconsin condo association foreclose on my unit for unpaid dues?
Yes. Under Wis. Stat. § 703.165 unpaid assessments become a lien once a statement is filed with the clerk of circuit court, and the lien "may be enforced and foreclosed ... in the same manner ... as a foreclosure of mortgages on real property," after at least 10 days' written notice.
Does a non-condo Wisconsin HOA have an automatic assessment lien?
No. Wisconsin has no general HOA statute creating an automatic lien. A planned-community HOA's right to assess and to lien comes only from its recorded declaration, enforced as a nonprofit under the Nonstock Corporation Act, ch. 181.
How long does a Wisconsin condo association have to record an assessment lien?
A statement of condominium lien must be filed within 2 years after the assessment becomes due (§ 703.165), and any foreclosure action must be started within 3 years after the lien is recorded.

Sources

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