Chapter 710

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.

710.18(7)(c)2.d. d. No later than 48 hours after adopting the resolution under subd. 2. c., provides written notice to residential lot owners that the association established the fee or set the amount of the fee, or both.

710.18(7)(c)3. 3. If an association establishes a fee under subd. 2., the association may increase the amount of the fee only by following the procedure under subd. 2. a. to d.

710.18(7)(c)4. 4. An association’s failure to provide a notice required under subd. 2. b. or d. does not affect the right of the association to charge the fee established or increased under subd. 2. or 3.

710.18(7)(d) (d) Damages. If an association to which a request is submitted under par. (b) does not provide a payoff statement within the deadline described under par. (b), the association is liable to the residential lot owner for any actual damages caused by the association’s failure or $350, whichever is less.

710.18 History History: 2021 a. 199.

710.20 710.20 Maintenance and repair of private roads.

710.20(1) (1) Definitions. In this section:

710.20(1)(a) (a) “Access easement” means an easement that is appurtenant to real estate and that provides ingress and egress between the real estate and a public road by means of a private road or driveway.

710.20(1)(b) (b) “Access easement holder” means the owner of real estate that is benefited by an access easement.

710.20(1)(c) (c) “Beneficial user” means a person that has a right to use a private road or driveway. “Beneficial user” includes an owner of real estate burdened by an access easement if the owner has a right to use the private road or driveway.

710.20(1)(d) (d) “Owner” means a person that has a present ownership interest in real estate. “Owner” includes a purchaser of real estate under a land contract that has a right to occupy and use the real estate.

710.20(1)(e) (e) “Private road or driveway” means a private road or driveway located on an access easement.

710.20(2) (2) Costs of maintenance and repair. Except as provided under sub. (4), the beneficial users of a private road or driveway shall contribute to the reasonable and necessary costs of maintenance and repair of the private road or driveway as provided in a written agreement entered into by the beneficial users for that purpose, in the instrument that created the access easement, or in a deed restriction, covenant, or declaration that sets forth the respective maintenance and repair obligations of the beneficial users. In the absence of such a document and except as provided under sub. (3), the beneficial users shall contribute an equitable share based on the amount and intensity of each beneficial user’s actual use in proportion to the amount and intensity of all beneficial users’ actual use. In determining whether costs are reasonable and necessary, the beneficial users may consider any of the following factors:

710.20(2)(a) (a) Whether notice of, and an opportunity to participate in, the decision to undertake the maintenance and repair was provided to the beneficial users.

710.20(2)(b) (b) Whether the costs were incurred for work that constituted improvements rather than maintenance or repair.

710.20(2)(c) (c) Whether the work was of a reasonable quality and cost.

710.20(2)(d) (d) The value of monetary or in-kind contributions to maintenance and repair made by beneficial users.

710.20(3) (3) Costs to repair damage. Except as provided in sub. (4), if a beneficial user or a guest or invitee of a beneficial user causes damage to a private road or driveway, except reasonable wear and tear, the beneficial user is solely responsible for the costs of repairing the damage.

710.20(4) (4) Exceptions. This section does not apply to an access easement to which any of the following applies:

710.20(4)(a) (a) The access easement holder or the owner of real estate that is burdened by the access easement is any of the following:

710.20(4)(a)1. 1. A railroad corporation.

710.20(4)(a)2. 2. A public utility, as defined in s. 196.01 (5).

710.20(4)(a)3. 3. A water carrier, as defined in s. 195.02 (5).

710.20(4)(a)4. 4. An electric cooperative organized and operating on a nonprofit basis under ch. 185.

710.20(4)(a)5. 5. A natural gas company, as defined in 15 USC 717a (6).

710.20(4)(a)6. 6. A trustee or receiver of a person described under subds. 1. to 5.

710.20(4)(b) (b) The access easement holder or the owner of real estate that is burdened by the access easement is the state or any of its political subdivisions.

710.20 History History: 2021 a. 99.

710.25 710.25 Discriminatory restrictions prohibited.

710.25(1) (1) In this section, “discriminatory restriction” means a restriction, covenant, or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real property on the basis of being a member of a protected class, as defined in s. 106.50 (1m) (nm). “Discriminatory restriction” does not include a restriction, covenant, or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real property on a basis that is allowed under s. 106.50 (5m) (a) to (f) or 42 USC 3607.

710.25(2) (2) A discriminatory restriction contained in a deed or other instrument affecting real property is void and unenforceable.

710.25(3) (3) No person may file or record with, or present for filing or recording to, a register of deeds a deed or other instrument affecting real property that contains a discriminatory restriction.

710.25(4) (4) A person that drafts a deed or other instrument affecting real property may not include a discriminatory restriction in the deed or instrument.

710.25(5) (5) 

710.25(5)(a) (a) If real property is affected by a deed or other instrument that contains a discriminatory restriction, an owner of the real property may discharge and release the discriminatory restriction from the owner’s real property by recording a certification to discharge and release the discriminatory restriction. Subject to s. 59.43 (2m), the certification is entitled to record in the office of the register of deeds in the county in which the owner’s real property is located if the certification includes all of the following:

710.25(5)(a)1. 1. The signature of the owner.

710.25(5)(a)2. 2. An acknowledgement or authentication in accordance with s. 706.06 or ch. 140.

710.25(5)(a)3. 3. The full legal description, as defined in s. 706.01 (7r), of the real property to which the certification relates.

710.25(5)(a)4. 4. The title of the deed or instrument that contains the discriminatory restriction, the document number of the deed or instrument, and, if given on the deed or instrument, the volume and page where the deed or instrument is filed or recorded.

710.25(5)(b) (b) An owner of real property may record a single certification under par. (a) to discharge and release discriminatory restrictions from multiple deeds and instruments that affect the real property. The certification shall include the information specified under par. (a) 4. for every deed or instrument to which the certification applies.

710.25(5)(c) (c) An owner of real property may make the certification under par. (a) in substantially the following form:

DISCHARGE AND RELEASE
OF DISCRIMINATORY RESTRICTION
AFFECTING REAL PROPERTY

Pursuant to section 710.25 of the Wisconsin statutes, a restriction, covenant, or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real property in this state on the basis of membership in a protected class, as defined in the Wisconsin statutes, contained in a deed or other instrument affecting real property is void and unenforceable. Pursuant to section 710.25 of the Wisconsin statutes, any owner of real property may record this form to discharge and release such a discriminatory restriction from the owner’s real property.

DISCHARGE AND RELEASE BY OWNER