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In Wisconsin, can a condo association require the unit owner

Customer Question
to be responsible to pay...
In Wisconsin, can a condo association require the unit owner to be responsible to pay for a portion of the cost of repairs that are necessary because of a problem that occurred with the "common area" (ie roof leak)?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Wisconsin
JA: Has any paperwork been filed?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: The condo by-laws do not contain anything that would allow the condo association to do this. They say that the "commom" areas are the responsibility of the condo association.
Submitted: 6 months ago.Category: Real Estate Law
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5/9/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,963
Experience: Licensed to practice before state and federal court
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
OK the answer to your question is yes, the homeowners association is required to make the repairs under Wisconsin law Section 703.18(2) of the Wisconsin statutes says that The homeowners association is responsible for making reprises to the "common elements in "
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
I mean "common elements". So, what that means for you is that those common areas must be repaired by the HOA.
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
If the HOA wants it's members to Pay for those repairs it needs to get approval from the members
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Follow up questions are free did you have any follow-up questions? If not were you satisfied with my service today?
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Customer reply replied 6 months ago
I'm confused. First, who is responsible to pay for any damages to the unit owner's interior?
Second, if you say the the association needs approval from the unit owners to pay for repairs...what repairs are you referring to......to the common area (ie roof) or the unit owners interior?
Third, is the approval you are referring to a change to the by-laws are what?
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
I'm sorry for the confusion. Interior repairs will be the responsibility of the owner. Common areas are the responsibility of the HOA.
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
As far as the vote, that situation actually only applies if the damage exceeds the insurance payout. After further review, it probably won't apply to your situation.
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Did you have any follow up questions?
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Customer reply replied 6 months ago
I'm still confussed....
First, if the problem was caused as a result of a failure of the common area, why should the unit owner be responsible for the damage initiated by the common area when the unit owner had no culpability related to the event?
Second, you still haven't answered my questions related to "approval of the unit owners".
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
I'm sorry, I was unaware that was the case. In that case, the law would require the HOA to fix all damages caused by the common area.
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Here is the law regarding the voting:
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
However, if a condominium is damaged to an extent more than the available insurance proceeds, the condominium shall be subject to an action for partition upon obtaining the written consent of the unit owners having 75 percent or more of the votes. In the case of partition, the net proceeds of sale together with any net proceeds of insurance shall be considered as one fund and shall be divided among all unit owners in proportion to their percentage interests in the common elements, and shall be distributed in accordance with the priority of interests in each unit.
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
As you can see, a vote is required if the condo is damages so far beyond repair and the only thing left is an insurance payout. At that time, a vote whether to sell has to made. Does that make sense?
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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi, just check that you're still with me.

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