Chapter 710

710.15(1)(d) (d) “Operator” means a person engaged in the business of renting plots of ground or mobile homes or manufactured homes in a community to mobile home or manufactured home owners or occupants.

710.15(1)(f) (f) “Resident” means a person who rents a mobile home or manufactured home site in a community from an operator and who occupies the mobile home or site as his or her residence.

710.15(1m) (1m) Requirement and term of lease. Every agreement for the rental of a mobile home site or manufactured home site shall be by lease. Every lease shall be for a term of at least one year unless the resident or occupant requests a shorter term and the operator agrees to the shorter term.

710.15(2) (2) Rules included in lease. All community rules that substantially affect the rights or duties of residents or occupants or of operators, including community rules under sub. (2m) (b), shall be made a part of every lease between them.

710.15(2m) (2m) Emergency shelter disclosure.

710.15(2m)(a) (a) Every lease shall state whether the community contains an emergency shelter.

710.15(2m)(b) (b) If a community contains an emergency shelter under par. (a), the community rules shall state the location of the emergency shelter and procedures for its use.

710.15(3) (3) Prohibited consideration of age of mobile home or manufactured home.

710.15(3)(a) (a) An operator may not deny a resident the opportunity to enter into or renew, and may not include, exclude or alter any terms of, a lease to continue to locate a mobile home or manufactured home in the community solely or in any part on the basis of the age of the mobile home or manufactured home.

710.15(3)(b) (b) An operator may not require the removal of a mobile home or manufactured home from a community solely or in any part on the basis of the age of the mobile home or manufactured home, regardless of whether the ownership or occupancy of the mobile home or manufactured home has changed or will change.

710.15(4) (4) Prohibited consideration of change in ownership or occupancy of mobile home or manufactured home. An operator may not require the removal of a mobile home or manufactured home from a community solely or in any part because the ownership or occupancy of the mobile home or manufactured home has changed or will change. An operator may refuse to enter into an initial lease with a prospective resident or occupant for any other lawful reason.

710.15(4m) (4m) No interest in real estate; screening permitted. Neither sub. (3) (b) nor sub. (4) creates or extends any interest in real estate or prohibits the lawful screening of prospective residents and occupants by an operator.

710.15(5m) (5m) Termination of tenancy or nonrenewal of lease. Notwithstanding ss. 704.17 and 704.19, the tenancy of a resident or occupant in a community may not be terminated, nor may the renewal of the lease be denied by the community operator, except upon any of the following grounds:

710.15(5m)(a) (a) Failure to pay rent due, or failure to pay taxes or any other charges due for which the community owner or operator may be liable.

710.15(5m)(b) (b) Disorderly conduct that results in a disruption to the rights of others to the peaceful enjoyment and use of the premises.

710.15(5m)(c) (c) Vandalism or commission of waste of the property.

710.15(5m)(d) (d) A breach of any term of the lease.

710.15(5m)(e) (e) Violation of community rules that endangers the health or safety of others or disrupts the right to the peaceful enjoyment and use of the premises by others, after written notice to cease the violation has been delivered to the resident or occupant.

710.15(5m)(em) (em) Violation of federal, state or local laws, rules or ordinances relating to mobile homes or manufactured homes after written notice to cease the violation has been delivered to the resident or occupant.

710.15(5m)(f) (f) The community owner or operator seeks to retire the community permanently from the rental housing market.

710.15(5m)(g) (g) The community owner or operator is required to discontinue use of the community for the purpose rented as a result of action taken against the community owner or operator by local or state building or health authorities and it is necessary for the premises to be vacated to satisfy the relief sought by the action.

710.15(5m)(h) (h) The physical condition of the mobile home or manufactured home presents a threat to the health or safety of its occupants or others in the community or, by its physical appearance, disrupts the right to the enjoyment and use of the community by others.

710.15(5m)(i) (i) Refusal to sign a lease.

710.15(5m)(j) (j) Material misrepresentation in the application for tenancy.

710.15(5m)(k) (k) Other good cause.

710.15(5r) (5r) Notice requirements apply. The notice requirements of s. 704.17 (1p) (a), (2) (a) and (3) apply to a termination of tenancy under sub. (5m) (a) and the notice requirements of s. 704.17 (1p) (b), (2) (b) and (3) apply to a termination of tenancy under sub. (5m) (b) to (k).

710.15(5t) (5t) Termination of tenancy for threat of serious harm. Notwithstanding sub. (5m), nothing in this section prevents termination of a tenancy because of an imminent threat of serious physical harm, as provided in s. 704.16.

710.15 History History: 1985 a. 235; 1999 a. 150 s. 672; 2007 a. 11; 2013 a. 76; 2017 a. 317, s. 54.

710.15 Annotation Claims of improper termination of a mobile home tenancy are governed exclusively by sub. (5m). When a government order requires a park owner to either abandon a failing septic system or replace it, the owner may elect to abandon the system and terminate the tenancy of the attached mobile home under sub. (5m) (g) or (k). Logterman v. Dawson, 190 Wis. 2d 90, 526 N.W.2d 768 (Ct. App. 1994).

710.17 710.17 Right to display the flag of the United States.

710.17(1) (1) Definitions. In this section:

710.17(1)(a) (a) “Housing cooperative” means a cooperative incorporated under ch. 185 or organized under ch. 193 that owns residential property that is used or intended to be used, in whole or in part, by the members of the housing cooperative as their homes or residences.

710.17(1)(b) (b) “Member of a homeowners’ association” means a person that owns residential property within a subdivision, development, or other similar area that is subject to any policy or restriction adopted by a homeowners’ association.

710.17(1)(c) (c) “Member of a housing cooperative” means a member, as defined in s. 185.01 (5) or 193.005 (15), of a housing cooperative if the member uses or intends to use part of the property of the housing cooperative as the member’s home or residence.

710.17(2) (2) Right to display the flag of the United States.

710.17(2)(a) (a) Except as provided in sub. (3), a homeowners’ association may not adopt or enforce a covenant, condition, or restriction, or enter into an agreement, that restricts or prevents a member of the homeowners’ association from displaying the flag of the United States on property in which the member has an ownership interest and that is subject to any policy or restriction adopted by the homeowners’ association.

710.17(2)(b) (b) Except as provided in sub. (3), a housing cooperative may not adopt or enforce a covenant, condition, or restriction, or enter into an agreement, that restricts or prevents a member of the housing cooperative from displaying the flag of the United States on property of the housing cooperative to which the member has a right to exclusive possession or use.

710.17(3) (3) Exceptions. A homeowners’ association or housing cooperative may adopt and enforce a covenant, condition, or restriction, or enter into an agreement, that does any of the following:

710.17(3)(a) (a) Requires that any display of the flag of the United States must conform with a rule or custom for proper display and use of the flag set forth in 4 USC 5 to 10.

710.17(3)(b) (b) Provides a reasonable restriction on the time, place, or manner of displaying the flag of the United States that is necessary to protect a substantial interest of the homeowners’ association or housing cooperative.

710.17 History History: 2017 a. 67.

710.18 710.18 Homeowners’ associations; regulation.

710.18(1) (1) Definitions. In this section:

710.18(1)(a) (a) “Assessment” means a regular or special charge or fee for common expenses, or a charge, fee, or fine against a specific residential lot or residential lot owner, that an association is authorized to levy or impose under the covenants and restrictions for a residential planned community.

710.18(1)(b) (b) “Association” means an entity that is created to manage or regulate, or to enforce covenants and restrictions for, a residential planned community and that consists of members, stockholders, or other owners substantially all of whom are owners of residential lots that are part of the residential planned community. “Association” does not include a condominium association, as defined in s. 703.02 (1m).

710.18(1)(c) (c)

710.18(1)(c)1. 1. “Covenants and restrictions” means a declaration, covenant, or other instrument, including any amendments to the declaration, covenant, or instrument, that describes a residential planned community and that does all of the following:

710.18(1)(c)1.a. a. Provides for restrictions on or requirements for residential lots that are part of the residential planned community, such as restrictions or requirements regarding allowable structures; building setbacks; architectural standards; fence restrictions; or the use, occupancy, appearance, or maintenance of property.

710.18(1)(c)1.b. b. Provides that the residential planned community is managed or regulated by an association or that an association enforces the instrument on behalf of the residential planned community.

710.18(1)(c)1.c. c. Provides that the restrictions or requirements described under subd. 1. a. run with the land.

710.18(1)(c)2. 2. “Covenants and restrictions” does not include a condominium declaration, as defined in s. 703.02 (8).

710.18(1)(d) (d) “Residential lot” means a parcel of residential real estate that is part of a residential planned community. “Residential lot” does not include an outlot.

710.18(1)(e) (e) “Residential lot owner” means a person, or combination of persons, that holds legal title to a residential lot in a residential planned community or that has equitable ownership as a land contract vendee.

710.18(1)(f) (f) “Residential planned community” means real estate that includes one or more residential lots and that is described in covenants and restrictions.

710.18(2) (2) Covenants and restrictions.

710.18(2)(a) (a) Recording required. If an association is created to manage or regulate, or to enforce covenants and restrictions for, a residential planned community, the covenants and restrictions shall be recorded with the register of deeds in every county in which the residential planned community is located.

710.18(2)(b) (b) Posting on Internet site. Beginning on January 1, 2023, if the 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 association shall post the covenants and restrictions for the residential planned community on the Internet site.

710.18(3) (3) Public notices regarding associations.

710.18(3)(a) (a) New associations. An association created on or after December 14, 2022, shall file a notice under par. (e) no later than 30 days after the association is created.

710.18(3)(b) (b) Existing associations. An association existing on December 14, 2022, shall file a notice under par. (e) no later than January 13, 2023.

710.18(3)(c) (c) Annual renewals. Each association that files a notice required under par. (a) or (b) annually shall file a renewal notice under par. (e) no later than the deadline established by the department of financial institutions.

710.18(3)(d) (d) Requirement to update public information. If any information contained in a notice filed under this subsection changes, the association shall file an amended notice under par. (e) to update the information no later than 30 days after the date on which the change occurs.

710.18(3)(e) (e) Form and contents of public notices. An association shall file a notice under par. (a) or (b), a renewal notice under par. (c), or an amended notice under par. (d) with the department of financial institutions on a form prescribed by the department under s. 182.01 (7) (c). The notice shall contain all of the following information:

710.18(3)(e)1. 1. The name and mailing address of the association and, if applicable, the name and mailing address of any management company for the association.

710.18(3)(e)2. 2. The name of the county and the city, village, or town in which the residential planned community is located.

710.18(3)(e)3. 3. The name, mailing address, and electronic mail address or daytime telephone number for an individual who is authorized to respond on behalf of the association to requests for copies of the covenants and restrictions and other information and documentation related to the residential planned community.

710.18(3)(e)4. 4. If the association posts information related to the residential planned community on an Internet site, the address of the Internet site.

710.18(3)(f) (f) Penalty for noncompliance.

710.18(3)(f)1. 1. If an association fails to file a notice required under this subsection, the association may not do any of the following until the association files the required notice:

710.18(3)(f)1.a. a. Charge a late fee or other fine for any unpaid assessments owed by any residential lot owner.

710.18(3)(f)1.b. b. Charge a fee in connection with any transfer of ownership of a residential lot that the association would otherwise be authorized to charge under the covenants and restrictions for the residential planned community.

710.18(3)(f)2. 2. Any prohibited action taken by an association during a period of noncompliance under this paragraph is void and unenforceable.

710.18(4) (4) Notice of association meetings required. The association of a residential planned community shall provide notice of any meeting of the association at least 48 hours before the meeting. Unless the covenants and restrictions for the residential planned community provide otherwise, the association shall provide notice by doing all of the following:

710.18(4)(a) (a) Providing written notice of the meeting to all residential lot owners.

710.18(4)(b) (b) Sending notice of the meeting to the last-known electronic mail address for each residential lot owner.

710.18(4)(c) (c) Sending notice of the meeting by 1st class mail to the last-known post-office address for each residential lot owner.

710.18(4)(d) (d) If the association posts information related to the residential planned community on an Internet site or a mobile device application, posting notice of the meeting on the Internet site.

710.18(4)(e) (e) If the residential planned community has an improved area that is accessible to all residential lot owners, posting notice of the meeting in at least one such area.

710.18(5) (5) Limitation on fees for providing documentation. If the association for a residential planned community furnishes copies of the covenants and restrictions related to the residential planned community upon request by a residential lot owner, the association may not, unless the covenants and restrictions provide otherwise, charge the residential lot owner an amount that exceeds the actual costs of furnishing the information or $50, whichever is less.

710.18(6) (6) Failure to pay assessments; notice of suspension of rights. If the covenants and restrictions for a residential planned community authorize the association to suspend certain rights of a residential lot owner for failure to timely pay assessments or other amounts owed to the association, the association may, unless the covenants and restrictions provide otherwise, suspend those rights only after the association provides the residential lot owner a written notice identifying the rights the association intends to suspend and the actions the residential lot owner may take to avoid that suspension.

710.18(7) (7) Payoff statements; limitation on fees.

710.18(7)(a) (a) Definition. In this subsection, “payoff statement” means a document that sets forth the total amount necessary, as of a date specified in the document, to satisfy all monetary obligations, including unpaid assessments, owed by a residential lot owner to the association in connection with a particular residential lot.

710.18(7)(b) (b) Request for payoff statement; deadline. A residential lot owner may submit to the association a written request for a payoff statement for a specified date not more than 30 days after the request is submitted. The association shall provide a payoff statement to the residential lot owner within 10 business days after the request is submitted.

710.18(7)(c) (c) Fees.

710.18(7)(c)1. 1. Except as provided under subds. 2. and 3., an association shall provide one payoff statement requested under par. (b) with respect to a residential lot without charge during any 2-month period. The association may charge a fee not to exceed $25 for each additional payoff statement requested for the residential lot during that 2-month period.

710.18(7)(c)2. 2. An association may charge a fee for providing the first payoff statement within a 2-month period described under subd. 1. if the association does all of the following:

710.18(7)(c)2.a. a. Holds a meeting at which the association will consider whether to establish the fee and set the amount of the fee.

710.18(7)(c)2.b. b. Provides written notice of the meeting held under subd. 2. a. as provided under sub. (4).

710.18(7)(c)2.c. c. Adopts a written resolution at the meeting held under subd. 2. a. to establish the fee or set the amount of the fee, or both.