If an association fails to file a notice required under this subsection, the association may not do any of the following until the association files the required notice:
Charge a late fee or other fine for any unpaid assessments owed by any residential lot owner.
Charge a fee in connection with any transfer of ownership of a residential lot that the association would otherwise be authorized to charge under the covenants and restrictions for the residential planned community.
Any prohibited action taken by an association during a period of noncompliance under this paragraph is void and unenforceable.
(4) Notice of association meetings required.
The association of a residential planned community shall provide notice of any meeting of the association at least 48 hours before the meeting. Unless the covenants and restrictions for the residential planned community provide otherwise, the association shall provide notice by doing all of the following:
Providing written notice of the meeting to all residential lot owners.
Sending notice of the meeting to the last-known electronic mail address for each residential lot owner.
Sending notice of the meeting by 1st class mail to the last-known post-office address for each residential lot owner.
If the association posts information related to the residential planned community on an Internet site or a mobile device application, posting notice of the meeting on the Internet site.
If the residential planned community has an improved area that is accessible to all residential lot owners, posting notice of the meeting in at least one such area.
(5) Limitation on fees for providing documentation.
If the association for a residential planned community furnishes copies of the covenants and restrictions related to the residential planned community upon request by a residential lot owner, the association may not, unless the covenants and restrictions provide otherwise, charge the residential lot owner an amount that exceeds the actual costs of furnishing the information or $50, whichever is less.
(6) Failure to pay assessments; notice of suspension of rights.
If the covenants and restrictions for a residential planned community authorize the association to suspend certain rights of a residential lot owner for failure to timely pay assessments or other amounts owed to the association, the association may, unless the covenants and restrictions provide otherwise, suspend those rights only after the association provides the residential lot owner a written notice identifying the rights the association intends to suspend and the actions the residential lot owner may take to avoid that suspension.
(7) Payoff statements; limitation on fees. 710.18(7)(a)(a)
In this subsection, “payoff statement” means a document that sets forth the total amount necessary, as of a date specified in the document, to satisfy all monetary obligations, including unpaid assessments, owed by a residential lot owner to the association in connection with a particular residential lot.
Request for payoff statement; deadline.
A residential lot owner may submit to the association a written request for a payoff statement for a specified date not more than 30 days after the request is submitted. The association shall provide a payoff statement to the residential lot owner within 10 business days after the request is submitted.
Except as provided under subds. 2.
, an association shall provide one payoff statement requested under par. (b)
with respect to a residential lot without charge during any 2-month period. The association may charge a fee not to exceed $25 for each additional payoff statement requested for the residential lot during that 2-month period.
An association may charge a fee for providing the first payoff statement within a 2-month period described under subd. 1.
if the association does all of the following:
Holds a meeting at which the association will consider whether to establish the fee and set the amount of the fee.
Adopts a written resolution at the meeting held under subd. 2. a.
to establish the fee or set the amount of the fee, or both.
No later than 48 hours after adopting the resolution under subd. 2. c.
, provides written notice to residential lot owners that the association established the fee or set the amount of the fee, or both.
If an association establishes a fee under subd. 2.
, the association may increase the amount of the fee only by following the procedure under subd. 2. a.
An association's failure to provide a notice required under subd. 2. b.
does not affect the right of the association to charge the fee established or increased under subd. 2.
If an association to which a request is submitted under par. (b)
does not provide a payoff statement within the deadline described under par. (b)
, the association is liable to the residential lot owner for any actual damages caused by the association's failure or $350, whichever is less.
History: 2021 a. 199
Maintenance and repair of private roads. 710.20(1)(a)
“Access easement” means an easement that is appurtenant to real estate and that provides ingress and egress between the real estate and a public road by means of a private road or driveway.
“Access easement holder” means the owner of real estate that is benefited by an access easement.
“Beneficial user” means a person that has a right to use a private road or driveway. “Beneficial user” includes an owner of real estate burdened by an access easement if the owner has a right to use the private road or driveway.
“Owner” means a person that has a present ownership interest in real estate. “Owner” includes a purchaser of real estate under a land contract that has a right to occupy and use the real estate.
“Private road or driveway” means a private road or driveway located on an access easement.
(2) Costs of maintenance and repair.
Except as provided under sub. (4)
, the beneficial users of a private road or driveway shall contribute to the reasonable and necessary costs of maintenance and repair of the private road or driveway as provided in a written agreement entered into by the beneficial users for that purpose, in the instrument that created the access easement, or in a deed restriction, covenant, or declaration that sets forth the respective maintenance and repair obligations of the beneficial users. In the absence of such a document and except as provided under sub. (3)
, the beneficial users shall contribute an equitable share based on the amount and intensity of each beneficial user's actual use in proportion to the amount and intensity of all beneficial users' actual use. In determining whether costs are reasonable and necessary, the beneficial users may consider any of the following factors:
Whether notice of, and an opportunity to participate in, the decision to undertake the maintenance and repair was provided to the beneficial users.
Whether the costs were incurred for work that constituted improvements rather than maintenance or repair.
Whether the work was of a reasonable quality and cost.
The value of monetary or in-kind contributions to maintenance and repair made by beneficial users.
(3) Costs to repair damage.
Except as provided in sub. (4)
, if a beneficial user or a guest or invitee of a beneficial user causes damage to a private road or driveway, except reasonable wear and tear, the beneficial user is solely responsible for the costs of repairing the damage.
This section does not apply to an access easement to which any of the following applies:
The access easement holder or the owner of real estate that is burdened by the access easement is any of the following:
An electric cooperative organized and operating on a nonprofit basis under ch. 185
The access easement holder or the owner of real estate that is burdened by the access easement is the state or any of its political subdivisions.
History: 2021 a. 99