Question: As a buyer of a house, I Wasn't told about the Association, the Realtor and the Seller did not disclose it, am I exempt from paying my dues?
Answer: If there is a mandatory Association, you are stuck being a member, and that is regardless of whether the realtor or the seller told you. It is possible that you have a claim against the seller for misrepresentation, but you would need to prove your damages. It is unlikely that you have a claim against the realtor, even if the realtor knew and concealed the Association.
Question: Can Wisconsin HOAs foreclose on a home because of unpaid assessments?
Answer: In Wisconsin, a community association has the power to foreclose on a property within its boundaries. When a homeowner fails to pay their dues, the homeowner's association has the authority to place a lien on the home. If a lien is not addressed, the HOA may foreclose on the property.
Before placing a lien against a property owner's home, however, the association is required to wait a minimum of 60 days after the assessments are due. Thereafter, the claim must be filed with the clerk of the circuit court in the county where the property in question is situated. The judge may then issue a judgment authorizing foreclosure on the outstanding lien.
Question: Is it mandatory to join a homeowners association in Wisconsin?
Answer: There are no state laws that specify whether HOA membership is mandatory. However, each association will decide whether this is essential and include provisions in their governing documents. Therefore, they may be voluntary or mandatory HOAs.
If a homeowner moves to a neighborhood that is maintained by a mandatory homeowner's association, they will be required to join.
Question: Is Crestview Park Association a mandatory homeowner's association?
Answer: Yes, it is. A mandatory Homeowners Association (HOA) is often required for a community that features private parks and other common areas. The developer establishes the HOA before homes are sold to ensure a long-term plan for the management, upkeep, and financial responsibility of these shared amenities.
How a mandatory HOA is established
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Developer creation: A mandatory HOA is formed by the community's developer, who files governing documents—including Covenants, Conditions, and Restrictions (CC&Rs)—with the county records office.
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Irreversible agreement: When a homebuyer purchases a property in the community, they are legally agreeing to all of the terms laid out in the CC&Rs. The owner is then automatically enrolled in the HOA, and participation is not optional.
HOA responsibilities regarding parks
The primary purpose of an HOA in a community with a park is to handle its maintenance and upkeep. A mandatory HOA allows these responsibilities to be funded by all homeowners, ensuring the parks and shared spaces remain in good condition.
