Wisconsin Covenant & Architectural Enforcement

For condominiums, Wis. Stat. § 703.10 lets the bylaws contain "any restriction on or requirement respecting the use and maintenance of the units and the common elements," and provides that "every unit owner shall comply strictly with the bylaws ... and with the covenants, conditions and restrictions set forth in the declaration." Noncompliance is grounds for "action ... for damages or injunctive relief or both" by the association or an aggrieved unit owner. Architectural and use rules thus live in the recorded declaration, bylaws, and rules. For non-condominium HOAs there is no enforcement statute; covenants are ordinary recorded deed restrictions enforced under Wisconsin common law and the declaration, with the association operating as a ch. 181 nonstock corporation. Wisconsin courts construe restrictive covenants in favor of the free use of property.

Condo associations may sue to enforce declaration and bylaw restrictions under § 703.10; remedies include damages and injunctive relief. Non-condo covenant violations are enforced as recorded deed restrictions under the declaration and common law. No statutory penalty schedule exists.