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DaveC6 (Wisconsin)
Posts: 76
Posted:
A past board member has indicated WI HOA Law requires a year's advance notice prior to any annual fee increase. I have gone through what I assume are the proper documents for our state and cannot find anything limiting board's ability to raise fees. Our bylaws only state the the notice must be included in our January billing statements with payments due by 3/31/2012.

Can anyone verify this and/or point to the appropriate language in WI statutes that would support or disqualify this statement of notice?
GlenL (Ohio)
Posts: 5,491
Posted:
Dave, whenever someone claims that something is the LAW, I find it helpful to tell the person you were unaware of that and ask them to show you the law. Most of the time it is something they were told or half heard and are repeating it as the gospel, follow your documents and make sure you provide the notice required in them.

Studies show that 5 out of 4 people have problems with fractions
DaveC6 (Wisconsin)
Posts: 76
Posted:
Glen:

Could not agree more. I did send the person a request for a link. I am awaiting a reply but chose to try and be proactive on this one.
DaveC6 (Wisconsin)
Posts: 76
Posted:
Glen:

Could not agree more. I did send the person a request for a link. I am awaiting a reply but chose to try and be proactive on this one.
GlenL (Ohio)
Posts: 5,491
Posted:
Since it doesn't appear from my search that WI has dedicated HOA laws then you would default to the non-profit statutes and from a keyword search of (assessments) these are the only sections I found:

181.0302  General powers. Unless its articles of incorporation provide otherwise, a corporation has perpetual duration and succession in its corporate name and has the same powers as an individual to do all things necessary or convenient to carry out its affairs, including the power to do all of the following:
(16) Dues. Impose dues, assessments, admission and transfer fees upon its members.

And

181.0613  Member's liability for dues, assessments and fees. A member may become liable to the corporation for dues, assessments or fees. An article of incorporation or bylaw provision or a resolution adopted by the board authorizing or imposing dues, assessments or fees does not, of itself, create liability.

Sorry couldn't find any time requirement for increases.

Studies show that 5 out of 4 people have problems with fractions
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We could increase our dues once a year up to 2 to 3 % max. Any more than that was considered to be similar to a special assessment. The board could vote on this annually so that may be where the annual requirement came from. It isn't a requirement but a yearly option a HOA can do in order to meet it's bills with cost of living increases.

It may have been in the Articles of Incorporation or CC&R's. Looking for state HOA laws are far and in between. A HOA is designed to manage itself. So always look in your documents first.

Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Dave,

Perhaps this past board member saw it on the internet. After all, according to a particular commercial that's been seen on TV recently, "they can't put anything on the internet that isn't true."

Seriously, though, I agree with Glen. Whenever someone tells me something is "against the law" that I've never heard before and that I think is questionable, I always ask how they happen to know that. Often, it turns out that their source is unreliable and that their belief is incorrect.

I have a neighbor who always forwards emails he's received claiming this or that bad thing is happening. Whenever I've checked these claims out through reliable sources, I find them to be untrue.
BradP (Kansas)
Posts: 2,640
Posted:
being a former resident of this state i don't recall ever seeing anything of the such, but that doesn't mean it doesn't exist. Wisconsin's HOA laws are a little behind some of the other states so i would doubt it is there.

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