Legal Question in Real Estate Law in Wisconsin
Legality of Special Assessment
I own a condominium in Milwaukee, WI (at Tudor Village Condos) that is run by a �board� of three of the other condo owners.
These people are not educated in such matters and because of the passivity of most of the other owners, they are getting
away with basically making up their own rules.
I believe that this board is not following any sort of legal procedures when it comes to implementing new rules and charging
special assessments. For example, they are assessing owners who pay their monthly fees to make up for shortages caused
by those who are not paying their fees, instead of demanding payment and/or placing liens on the non-payers property. They
also have refused many times to provide written detail of what is being done with our association fees.
These are just two examples of many concerns about how Tudor Village is being run for the past couple of years. We believe that
an audit and/or an inquiry into procedural practices needs to be made by a legal authority.
Thank you for your time. I look forward to your reply.
3 Answers from Attorneys
Re: Legality of Special Assessment
Wisconsin Statutes Chapter 703 covers condominiums. The condo declaration document covers the variable items. You will need to either read and understand these or have an attorney do that for you so you may know your rights in this situation. You may then proceed to enforce those rights. Good luck!
Condominium Board Problems, Legality of Special Assessment
You should discuss these issues with an experienced real estate attorney. You will need to obtain copies of the recorded condominium declarations, all modifications, meeting minutes, correspondence, etc. for the attorney to review. Depending upon your particular project's rules, you may be able to do something in court. One constant issue in such litigation, however, is the fact that most condominium declarations allow the Board to charge the other owners for their legal fees (in the form of yet another assessment). You will therefore need to pay the legal fees for both sides. Liens and even foreclosures can be used to force owners to pay delinquent assessments. However, neither of these measures always yield the cash needed to operate the project, meaning that it is sometimes necessary to look toward other owners to make up the losses. Even if the Board foreclosed and took ownership of the units of the non-payers, the units might only add to the nation's huge inventory of unsold real estate. These comments are not intended as legal advice.
Re: Legality of Special Assessment
Condominium governance is generally determined by reviewing the declaration, bylaws and rules adopted for that condominium. These also must comply with Chapter 703, Stats. The logical answer to many questions of governance begs the question, "What do the documents say?"
This is not intended to and does not provide legal advice. Rather, we only offer general feedback which may not be applicable depending upon the totality of the facts. Please contact us directly if you have specific questions or concerns.
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