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2021 - 2022 LEGISLATURE
January 13, 2022 - Introduced by Senator Ballweg, cosponsored by
Representatives Brooks, Allen, Kuglitsch, Krug and Subeck. Referred to
Committee on Housing, Commerce and Trade.
SB865,1,4 1An Act to create 182.01 (7) and 710.18 of the statutes; relating to: regulating
2homeowners' associations and requiring the Department of Financial
3Institutions to create a filing system for notices filed by homeowners'
4associations.
Analysis by the Legislative Reference Bureau
This bill creates requirements for and restrictions on the authority of certain
homeowners' associations.
Applicability
The bill applies to a homeowners' association only if all of the following apply:
1. The homeowners' association is an entity that is created to manage or
regulate, or to enforce covenants and restrictions for, real estate that includes at least
one residential lot (residential planned community).
2. The residential planned community is described in covenants and
restrictions that a) provide for such management, regulation, or enforcement by the
homeowners' association; and b) provide for restrictions on or requirements for
residential lots that run with the land, such as restrictions or requirements
regarding allowable structures; building setbacks; architectural standards; fence
restrictions; or the use, occupancy, appearance, or maintenance of property.
3. Substantially all of the members, stockholders, or other owners of the
homeowners' association are owners of residential lots that are part of the residential
planned community.

Public access to covenants and restrictions
The bill specifies that the covenants and restrictions for a residential planned
community that has a homeowners' association must be recorded with the register
of deeds in every county in which the residential planned community is located. The
bill also provides that, if the homeowners' association for a residential planned
community maintains an Internet site on which information related to the
residential planned community is available to the public, the homeowners'
association must post the covenants and restrictions on that Internet site.
Public information regarding homeowners' associations
The bill requires a homeowners' association to give public notice of certain
information, including the name and contact information for an individual who is
authorized to provide information on behalf of the homeowners' association, by filing
with the Department of Financial Institutions a notice containing the information.
The bill requires each homeowners' association to annually file a renewal notice with
DFI and, if any information contained in a notice changes, to file an amended notice
with DFI within 30 days to update the information.
The bill requires DFI to establish and maintain a statewide searchable filing
system for these notices. DFI may establish a fee not exceeding $25 for filing a notice,
but the public must be allowed to search the system's database of filings without
charge. DFI must also prescribe a form for filing notices with DFI.
The bill provides that, if a homeowners' association fails to file a required
notice, the homeowners' association may not, during the period of noncompliance,
charge any late fees or other fines for unpaid assessments owed by residential lot
owners or charge any fees in connection with transfers of ownership of residential
lots.
Notices of homeowners' association meetings
The bill requires a homeowners' association to provide notice of any meeting of
the homeowners' association at least 48 hours before the meeting. Under the bill, a
homeowners' association must provide notice as specified in the covenants and
restrictions for the residential planned community or, if the covenants and
restrictions do not specify how notice is provided, by providing notice to residential
lot owners by doing all of the following: 1) providing written notice; 2) sending notice
to owners' last-known electronic mail addresses; 3) sending notice by 1st class mail
to owners' last-known post-office addresses; 4) posting notice on an Internet site on
which the homeowners' association posts other information related to the residential
planned community, if applicable; and 5) posting notice in at least one improved area
accessible to all owners, if applicable.
Limitation on fees for providing documentation
The bill limits the amount a homeowners' association may charge a residential
lot owner for furnishing copies of the covenants and restrictions or other information
and documentation related to the residential planned community. Under the bill, a
homeowners' association is not required to furnish copies, but, if the homeowners'
association does so, it may not charge more than the actual costs of furnishing the

copies or $50, whichever is less. The bill allows a homeowners' association to charge
a higher amount if the covenants and restrictions authorize it.
Suspension of rights for failure to pay assessments; notice required
The bill requires a homeowners' association to provide written notice to a
residential lot owner before the homeowners' association suspends the owner's
rights for failure to timely pay assessments or other amounts owed to the
homeowners' association. The notice must identify the rights the homeowners'
association intends to suspend and the actions the owner may take to avoid that
suspension. The bill allows a homeowners' association to suspend rights without
notice if the covenants and restrictions for the residential planned community
authorize such action.
Providing payoff statements
The bill requires a homeowners' association to provide a residential lot owner
a payoff statement within 10 business days after the owner requests. Under the bill,
the homeowners' association must provide one payoff statement without charge
during any two-month period and may charge a fee not to exceed $25 for each
additional payoff statement provided during that two-month period. The bill allows
a homeowners' association to charge a fee for the first payoff statement if the
homeowners' association follows certain procedures, including holding a meeting
and adopting a written resolution.
The bill specifies that, if a homeowners' association fails to provide a payoff
statement by the 10-business-day deadline, the homeowners' association is liable
to the residential lot owner that requested the payoff statement for any actual
damages causes by that failure or $350, whichever is less.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB865,1 1Section 1. 182.01 (7) of the statutes is created to read:
SB865,3,72 182.01 (7) Homeowners' association filing system. (a) The department shall
3establish and maintain a statewide searchable filing system for notices filed under
4s. 710.18 (3) (e). The department shall design the system to function in a manner
5similar to the department's corporate record filing system, including display of
6search result information in a manner similar to the way search results are displayed
7in the department's corporate record filing system.
SB865,4,3
1(b) The department may establish a fee not exceeding $25 for filing a notice
2under s. 710.18 (3) (e). The department's system shall allow public users to search
3the system's database of filings without charge.
SB865,4,54 (c) The department shall prescribe a form for filing notices under s. 710.18 (3)
5(e) that includes all information specified in s. 710.18 (3) (e) 1. to 4.
SB865,2 6Section 2. 710.18 of the statutes is created to read:
SB865,4,8 7710.18 Homeowners' associations; regulation. (1) Definitions. In this
8section:
SB865,4,129 (a) “Assessment" means a regular or special charge or fee for common expenses,
10or a charge, fee, or fine against a specific residential lot or residential lot owner, that
11an association is authorized to levy or impose under the covenants and restrictions
12for a residential planned community.
SB865,4,1913 (b) “Association” means an entity that is created to manage or regulate, or to
14enforce covenants and restrictions for, a residential planned community and that
15consists of members, stockholders, or other owners substantially all of whom are
16owners of residential lots that are part of the residential planned community.
17“Association” includes a management company acting on behalf of the entity.
18“Association” does not include a condominium association, as defined in s. 703.02
19(1m).
SB865,4,2220 (c) 1. “Covenants and restrictions” means a declaration, covenant, or other
21instrument, including any amendments to the declaration, covenant, or instrument,
22that describes a residential planned community and that does all of the following:
SB865,5,223 a. Provides for restrictions on or requirements for residential lots that are part
24of the residential planned community, such as restrictions or requirements

1regarding allowable structures; building setbacks; architectural standards; fence
2restrictions; or the use, occupancy, appearance, or maintenance of property.
SB865,5,53 b. Provides that the residential planned community is managed or regulated
4by an association or that an association enforces the instrument on behalf of the
5residential planned community.
SB865,5,76 c. Provides that the restrictions or requirements described under subd. 1. a. run
7with the land.
SB865,5,98 2. “Covenants and restrictions” does not include a condominium declaration,
9as defined in s. 703.02 (8).
SB865,5,1110 (d) “Residential lot” means a parcel of residential real estate that is part of a
11residential planned community. “Residential lot” does not include an outlot.
SB865,5,1412 (e) “Residential lot owner” means a person, or combination of persons, that
13holds legal title to a residential lot in a residential planned community or that has
14equitable ownership as a land contract vendee.
SB865,5,1615 (f) “Residential planned community” means real estate that includes one or
16more residential lots and that is described in covenants and restrictions.
SB865,5,21 17(2) Covenants and restrictions. (a) Recording required. If an association is
18created to manage or regulate, or to enforce covenants and restrictions for, a
19residential planned community, the covenants and restrictions shall be recorded
20with the register of deeds in every county in which the residential planned
21community is located.
SB865,6,222 (b) Posting on Internet site. Beginning on January 1, 2023, if the association
23for a residential planned community maintains an Internet site on which
24information related to the residential planned community is available to the public,

1the association shall post the covenants and restrictions for the residential planned
2community on the Internet site.
SB865,6,6 3(3) Public notices regarding associations. (a) New associations. An
4association created on or after the effective date of this paragraph .... [LRB inserts
5date], shall file a notice under par. (e) no later than 30 days after the association is
6created.
SB865,6,97 (b) Existing associations. An association existing on the effective date of this
8paragraph .... [LRB inserts date], shall file a notice under par. (e) no later than 30
9days after the effective date of this paragraph .... [LRB inserts date].
SB865,6,1210 (c) Annual renewals. Each association that files a notice required under par.
11(a) or (b) annually shall file a renewal notice under par. (e) no later than the deadline
12established by the department of financial institutions.
SB865,6,1613 (d) Requirement to update public information. If any information contained in
14a notice filed under this subsection changes, the association shall file an amended
15notice under par. (e) to update the information no later than 30 days after the date
16on which the change occurs.
SB865,6,2017 (e) Form and contents of public notices. An association shall file a notice under
18par. (a) or (b), a renewal notice under par. (c), or an amended notice under par. (d) with
19the department of financial institutions on a form prescribed by the department
20under s. 182.01 (7) (c). The notice shall contain all of the following information:
SB865,6,2221 1. The name and mailing address of the association and, if applicable, the name
22and mailing address of any management company for the association.
SB865,6,2423 2. The name of the county and the city, village, or town in which the residential
24planned community is located.
SB865,7,4
13. The name, mailing address, and electronic mail address or daytime
2telephone number for an individual who is authorized to respond on behalf of the
3association to requests for copies of the covenants and restrictions and other
4information and documentation related to the residential planned community.
SB865,7,75 4. If the association posts information related to the residential planned
6community on an Internet site that is available to the public, the address of the
7Internet site.
SB865,7,108 (f) Penalty for noncompliance. 1. If an association fails to file a notice required
9under this subsection, the association may not do any of the following until the
10association files the required notice:
SB865,7,1211 a. Charge a late fee or other fine for any unpaid assessments owed by any
12residential lot owner.
SB865,7,1513 b. Charge a fee in connection with any transfer of ownership of a residential
14lot that the association would otherwise be authorized to charge under the covenants
15and restrictions for the residential planned community.
SB865,7,1716 2. Any prohibited action taken by an association during a period of
17noncompliance under this paragraph is void and unenforceable.
SB865,7,22 18(4) Notice of association meetings required. The association of a residential
19planned community shall provide notice of any meeting of the association at least 48
20hours before the meeting. Unless the covenants and restrictions for the residential
21planned community provide otherwise, the association shall provide notice by doing
22all of the following:
SB865,7,2323 (a) Providing written notice of the meeting to all residential lot owners.
SB865,7,2524 (b) Sending notice of the meeting to the last-known electronic mail address for
25each residential lot owner.
SB865,8,2
1(c) Sending notice of the meeting by 1st class mail to the last-known post-office
2address for each residential lot owner.
SB865,8,53 (d) If the association posts information related to the residential planned
4community on an Internet site that is available to the public, posting notice of the
5meeting on the Internet site.
SB865,8,86 (e) If the residential planned community has an improved area that is
7accessible to all residential lot owners, posting notice of the meeting in at least one
8such area.
SB865,8,15 9(5) Limitation on fees for providing documentation. If the association for a
10residential planned community furnishes copies of the covenants and restrictions or
11other information and documentation related to the residential planned community
12upon request by a residential lot owner, the association may not, unless the
13covenants and restrictions provide otherwise, charge the residential lot owner an
14amount that exceeds the actual costs of furnishing the information or $50, whichever
15is less.
SB865,8,23 16(6) Failure to pay assessments; notice of suspension of rights. If the
17covenants and restrictions for a residential planned community authorize the
18association to suspend certain rights of a residential lot owner for failure to timely
19pay assessments or other amounts owed to the association, the association may,
20unless the covenants and restrictions provide otherwise, suspend those rights only
21after the association provides the residential lot owner a written notice identifying
22the rights the association intends to suspend and the actions the residential lot
23owner may take to avoid that suspension.
SB865,9,3 24(7) Payoff statements; limitation on fees. (a) Definition. In this subsection,
25“payoff statement” means a document that sets forth the total amount necessary, as

1of a date specified in the document, to satisfy all monetary obligations, including
2unpaid assessments, owed by a residential lot owner to the association in connection
3with a particular residential lot.
SB865,9,84 (b) Request for payoff statement; deadline. A residential lot owner may submit
5to the association a written request for a payoff statement for a specified date not
6more than 30 days after the request is submitted. The association shall provide a
7payoff statement to the residential lot owner within 10 business days after the
8request is submitted.
SB865,9,139 (c) Fees. 1. Except as provided under subds. 2. and 3., an association shall
10provide one payoff statement requested under par. (b) with respect to a residential
11lot without charge during any 2-month period. The association may charge a fee not
12to exceed $25 for each additional payoff statement requested for the residential lot
13during that 2-month period.
SB865,9,1614 2. An association may charge a fee for providing the first payoff statement
15within a 2-month period described under subd. 1. if the association does all of the
16following:
SB865,9,1817 a. Holds a meeting at which the association will consider whether to establish
18the fee and set the amount of the fee.
SB865,9,2019 b. Provides written notice of the meeting held under subd. 2. a. as provided
20under sub. (4).
SB865,9,2221 c. Adopts a written resolution at the meeting held under subd. 2. a. to establish
22the fee or set the amount of the fee, or both.
SB865,9,2523 d. No later than 48 hours after adopting the resolution under subd. 2. c.,
24provides written notice to residential lot owners that the association established the
25fee or set the amount of the fee, or both.
SB865,10,3
13. If an association establishes a fee under subd. 2., the association may
2increase the amount of the fee only by following the procedure under subd. 2. a. to
3d.
SB865,10,64 4. An association's failure to provide a notice required under subd. 2. b. or d.
5does not affect the right of the association to charge the fee established or increased
6under subd. 2. or 3.
SB865,10,107 (d) Damages. If an association to which a request is submitted under par. (b)
8does not provide a payoff statement within the deadline described under par. (b), the
9association is liable to the residential lot owner for any actual damages caused by the
10association's failure or $350, whichever is less.
SB865,3 11Section 3 . Nonstatutory provisions.
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