Wisconsin is home to roughly 5,700 community associations housing around 777,000 residents across 325,000 homes. That is approximately 13.2% of the state’s population living under community association governance. Whether you are in a townhome, condo, multi-unit building, or even a timeshare community, you are likely part of these associations. 

I have worked with community associations across the country, and I can tell you that Wisconsin takes a unique approach to HOA governance. The state doesn’t have one comprehensive statute governing all community associations. Instead, the legal framework is fragmented. But one thing is common: Wisconsin has transparency laws that aim to safeguard the interests of residents. 

Understanding which transparency laws apply to your association will help you meet compliance requirements for that specific association structure. Let me walk you through what you need to know about HOA transparency laws in Wisconsin.

Understanding your association’s legal structure

In my years working with Wisconsin boards, I have found that many directors don’t realize their association operates under different laws depending on whether they are a condominium or an HOA. This matters because your compliance obligations vary significantly. 

Condominium associations 

If you are managing a condo association, you’ll operate under the Wisconsin Condominium Ownership Act, Chapter 703 of Wisconsin Statutes. This law spells out your rights and responsibilities as unit owners and associations, covering declarations, bylaws, common expenses, assessment liens, insurance requirements, and dispute resolution. You’ll need to file a declaration with the county register of deeds where your property sits. 

Homeowners associations 

Here is where things get interesting: HOAs in Wisconsin don’t have a dedicated governmental act overseeing them specifically. Most HOAs, particularly those in planned communities that aren’t condominiums, are structured as nonstock corporations, which means you’ll follow the Wisconsin Nonstock Corporations Act, chapter 181 of Wisconsin Statutes. 

Without standardized regulations for HOA management, the rules can look dramatically different from one community to the next. I have seen associations with vastly different governance structures, all operating legally. Associations essentially have free rein to establish whatever regulations they want, as strict or as lenient as they choose, provided they don’t violate state or federal law.

What nonstock corporation act requires

Chapter 181 serves as the foundational corporate framework for the vast majority of homeowner associations throughout Wisconsin. In my experience, boards often overlook these requirements until they face a challenge from a homeowner. Let me break down what the law requires in terms of transparency: 

Member inspection rights  

Members have the right to examine and obtain copies of certain HOA records, provided they give the HOA at least five business days’ written notice before they want to inspect. The inspection must happen at a reasonable time and location that the corporation specifies. Records available for inspection include accounting records, the membership roster, although this is subject to limitations, and portions of other required records. 

Financial statement requirements 

When a member submits a written request, you must provide your most recent annual financial statements. These need to show a balance sheet from the end of the fiscal year and an operations statement covering that year. I have worked with boards that scramble to pull these together, so I recommend keeping them readily accessible. 

Meeting notice requirements 

Special board meetings require at least two days’ advance notice to each director. The notice must specify the meeting’s date, time, and location, though it doesn’t need to explain the meeting’s purpose. 

When notifying members about an annual, regular, or special meeting, you must also include notice of any matter a member plans to raise, but only if someone authorized to call a special meeting requests this in writing, and the secretary or president receives the request at least 10 days before you send out meeting notices. 

Website publication requirements 

Starting January 1, 2023, if your residential planned community association maintains a public-facing website with community information, you are required to publish the community’s covenant and restrictions on that site.

Wisconsin Act 199

In 2021, Wisconsin enacted Act 199, and I have watched it transform how HOAs operate. This legislation gives residents, whether they are current homeowners or prospective buyers, access to the rules and regulations that affect their properties. That means transparency isn’t just about good governance anymore, but it is a legal requirement. 

Filing requirements with the state 

HOAs now have a mandatory filing obligation with the Wisconsin Department of Financial Institutions. Here is the timeline you need to follow: 

• For associations that existed on December 14, 2022, the deadline for initial public notices was January 13, 2023. 
• For any HOA established on or after December 14, 2022, you must file the initial notice within 30 days of the association’s creation. 
• Condominium associations are exempt from these filing requirements. 

After the initial filing, you must submit annual renewal notices by December 31 each year. Also, whenever information in a filed notice changes, you have 30 days from the date of the change to file an amended notice. 

Consequences of non-compliance 

I have seen boards get caught off guard by this: if you don’t file a required notice, you lose the ability to charge late fees or impose other penalties for unpaid assessments from residential lot owners. You also cannot charge any fees related to ownership transfers until you bring your filings up to date. That is a significant financial impact for most communities. 

Required information 

Both initial and renewal notices must include: 

• Association name or registered HOA name 
• Association mailing address 
• Association website, if one exists 
• Contact person’s name, address, email address, and phone number. This information appears on DFI’s public website. 
• Management company information, if applicable 
• County and municipality where the planned community is located 
• Payment information. Note that the filing fee is $25, payable via credit card 

Recording covenants and restrictions 

You must now officially record your covenant and restrictions with the registrar of deeds in the county where your community is situated. If you operate a website, these documents need to be available there as well. 

Notice requirements and financial disclosures 

The act establishes specific time frames for HOA communications: 

• Meeting notices must be provided at least 48 hours in advance 
• Homeowners requesting payoff statements must receive them within 10 business days of their request.

Special requirements for large condominium associations 

Through 2021, Wisconsin Act 166, the state legislature added requirements that apply specifically to condominium associations with 100 or more units. This new law came into effect on April 1, 2023. If this describes your association, you must establish and maintain a website meeting specific conditions, and failure to comply opens the door to enforcement actions from association members and unit owners. 

Website requirements 

The website must satisfy these criteria:

• The condominium association must either fully own and operate, or a third-party must operate it under an arrangement where the association owns, leases, rents, or otherwise secures the right to operate a site dedicated to their activities 
• Access must be restricted to condominium unit owners and association employees only, and not available to the general public 
• It must securely store current copies of records that the condominium association is required to maintain 
• Access requires a username and password, which unit owners or condominium association employees can obtain by submitting a written request to the association 

Required content 

Your website must provide:

• Documentation, like meeting minutes and records of actions taken without meetings by unit owners over the previous 6 years 
• Copies of foundational documents, such as the declaration, bylaws, rules, regulations, articles of incorporation, management contracts, employment contracts, or other agreements affecting how all or part of the condominium is used, maintained, or accessed 
• The current operating budget and monthly fees for using, renting, or leasing any facilities not part of the condominium itself 
• Information about any planned condominium expansion 
• A floor plan copy showing common elements and other facilities available to unit owners 
• An executive summary meeting the information and formatting standards required by Wisconsin Stats. section  703.33 (1) and (2) 
• Comprehensive records from the past 6 years detailing receipts and expenditures related to common elements, including itemized maintenance and repair costs 
• Income and expense statement covering the past 6 years 
• Insurance policies issued during the past 6 years 
• Annual budgets, financial statements, bank statements, and account statements, including reserve account statements created within the past 6 years 
• The most current audit of the condominium association’s financial records, if one exists 
• Contracts signed within the past 6 years and any bids for those contracts received within the past 3 years 
• Invoices and expense records generated within the past 6 years

The practical reality

Even if a website isn’t yet a legal mandate for HOAs in Wisconsin, I can tell you that the stringent transparency requirements essentially make having one a practical necessity. For instance, the legal obligation to notify residents about meetings and to make governing documents and financial statements accessible can only be efficiently managed through an association website. And because the current law already recognizes association websites as legitimate platforms for communication and document accessibility, maintaining one saves you considerable administrative effort. 

Also, considering that the law already mandates large condominium associations to maintain websites, looking to the future, I expect subsequent amendments will make websites legally mandatory for HOAs as well. The trajectory is clear: Wisconsin is moving toward greater transparency, and boards that get ahead of these requirements will find governance much easier. The good news is that platforms like HOA Sites specialize in helping community associations set up and maintain websites that meet legal requirements. Once your website is set, homeowners will be able to access CC&Rs, bylaws, meeting notices, and financial statements directly from your website, and that transparency builds the trust your community needs to thrive.