Legal Question in Real Estate Law in Wisconsin
Real Estate -
We own a lake home, on leased land. We are part of an association, which has a due date for Dues. The land is owned by a third party which is paid months after our due date. We, alond with others in our association have missed the due date in the past. In our Bi-laws it says if you are late on your Dues, there is a late fee, after that if your are still late your house can be sold, the proceeds used to pay the past Dues.
The Question is, if they have allowed payment of Dues to be late in the past and not taken action in past has that set a presidence by which the association must accept late Dues and not be able to enforce an action to sell the property to recover the past Dues?
1 Answer from Attorneys
Re: Real Estate -
Posted: 7/4/2007
PAST PRACTICES IN COLLECTION OF ASSOCIATION DUES:
No, my guess is that it is impossible for past practices in any real estate relationship to create any enforceable modification of a written contract. However, I would need to further research the issue in order to assist you on this. Generally, contractual relationships in real estate matters are set up to persist into the indefinite future and to apply not only to current parties but also to those to whom the property may be sold in the future. Any activities, duties or practices which are not recorded or reduced to writing and signed by the parties (and notarized) will probably therefore have no effect upon the contract or upon ownership of the land. Exceptions can occur in the areas of adverse possession or implied (prescriptive) easements due to established historical use of land or access to land. Otherwise, I do not know of any areas where legal relationships can be changed even slightly by historical conduct of the parties.
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