Legal Question in Real Estate Law in Wisconsin

Homeowners Association membership

As a condition of sale, all property owners in our development had to become members of a road association for the plowing and maintaining of our private easements.

Unlike the rest of the members, we derive little, if any benefit from the assoc. Due to the placement of our lot. Members are starting to aske for costly road improvements.Can we legally drop membership? Is there recourse if the request is denied?


Asked on 9/13/08, 2:41 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Real Estate Law, Homeowners Association Membership--Can You Quit?

I could not comment without reading all of your closing paperwork as well as any other agreements you have signed. However, as a general matter, many homeowner's associations are created as a part of the rules of the recorded subdivision plat creating the subdivision, of which all buyers have legal notice in their title evidence before closing. These rules perpetually run with the land. It can therefore sometimes be impossible to get rid of them without selling the land so long as any of the other members care enough to sue you for any violations (or enforce a lien on your property) for the delinquent dues. There may also be statutes of limitations for them to sue you for violations, but these would be long ones, possibly at least six to ten years or more. A lawyer may find exceptions to this, such as a lawsuit for declaratory relief if there are legal arguments that the restrictions are no longer valid. Any good real estate lawyer would have advised you of that before closing, so that you could have changed your mind about buying the property if the subdivision rules were a problem for you. I have no idea if this applies to your situation or not, and am not creating any sort of attorney client relationship via this response.

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Answered on 9/14/08, 11:33 pm


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