Legal Question in Real Estate Law in Wisconsin

Newly Formed Home Owners Association

I live in a 5 year old subdivision with 30 - 4 acre homesites. There is no common areas shared except the entrance landscaping. The covenants are pretty basic and concentrate mainly to building standards. In the past month, two home owners have made things miserable for most of the other owners. They want to renovate the landscaping at the entrance when the majority of owners thinks it fine. They have been harassing and intimidating the owners whose land the plantings are located. They also filed a long lists of complaints at the last meeting that didn't pertain to any of the covenants. They are constantly threatening to sue people. If the majority of the HOA wants to leave the landscaping, can they have the board to do renovation anyway? Can a HOA board enforce complains that aren't even covenants?


Asked on 10/31/03, 2:43 pm

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Newly Formed Home Owners Association

It would appear that most of what you describe is a result of the two homeowners acting beyond any appropriate authority. The answer, however, lies in the documents creating the common area and the covenants. Just because there is a homeowners association doesn't give such association the right to do things beyond its domain. On the other hand, things that I would guess are within the domain, such as the entry maintenance can be delegated to the board to take care of, and if these people lobby the board to get them to do something, your complaint then lies with the board, and if you don't like what they've done, get a new board elected.

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Answered on 10/31/03, 3:26 pm


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