Wis. Stat. § 703.165
Lien for unpaid common expenses, unpaid damages, and unpaid penalties.
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Statutory text
DEFINITION. In this section, “assessments” means regular and special assessments for common expenses and charges, fines, or assessments against spe- cific units or unit owners for damages to the condominium or for penalties for violations of the declaration, bylaws, or association rules.
LIABILITY FOR ASSESSMENTS. A unit owner shall be li- able for all assessments, or installments thereof, coming due while owning a unit, including any assessments coming due dur- ing the pendency of any claim by the unit owner against the asso- ciation or during any period in which the unit is not occupied by the unit owner or is leased or rented to any other person. In a vol- untary grant, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his or her share of the common expenses up to the time of the volun- tary grant for which a statement of condominium lien is recorded, without prejudice to the rights of the grantee to recover from the grantor the amounts paid by the grantee for such assessments. Li- ability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made.
ASSESSMENTS CONSTITUTE LIEN. All assessments, until paid, together with interest on them and actual costs of collection, constitute a lien on the units on which they are assessed, if a state- ment of lien is filed within 2 years after the date the assessment becomes due. The lien is effective against a unit at the time the assessment became due regardless of when within the 2-year pe- riod it is filed. A statement of condominium lien is filed with the clerk of circuit court of the county where the unit is located, stat- ing the description of the unit, the name of the record owner, the amount due and the period for which the assessment was due. The clerk of circuit court shall index the statement of condo- minium lien under the name of the record owner in the judgment and lien docket. The statement of condominium lien shall be signed and verified by an officer or agent of the association as specified in the bylaws and then may be filed. On full payment of the assessment for which the lien is claimed, the unit owner shall be entitled to a satisfaction of the lien that may be filed with the clerk of circuit court.
STATEMENT. Any grantee of a unit is entitled to a state- ment from the association or the executive board, setting forth the amount of unpaid assessments against the grantor. The grantee is not liable for, nor shall the unit conveyed be subject to a lien that is not filed under sub.
for, any unpaid assessment against the grantor in excess of the amount set forth in the statement. If an association or a board of directors does not provide such a state- ment within 10 business days after the grantee’s request, they are barred from claiming under any lien that is not filed under sub.
prior to the request for the statement against the grantee.
PRIORITY OF LIEN. A lien under this section is prior to all other liens except the following: (a) Liens of general and special taxes. (b) All sums unpaid on a first mortgage recorded prior to the making of the assessment. (c) Construction liens filed prior to the making of the assessment. (d) All sums unpaid on any mortgage loan made under s. 45.80, 1989 stats. (e) A lien under s. 292.31
(i) or 292.81.
INTEREST ON UNPAID ASSESSMENT. Any assessment, or installment thereof, not paid when due shall bear interest, at the option of the association, from the date when due until paid at a rate not exceeding the highest rate permitted by law as stated in the bylaws.
ENFORCEMENT OF LIEN. A lien may be enforced and fore- closed by an association or any other person specified in the by- laws, in the same manner, and subject to the same requirements, as a foreclosure of mortgages on real property in this state. An association may recover costs and actual attorney fees. An asso- ciation may, unless prohibited by the declaration, bid on the unit at foreclosure sale and acquire, hold, lease, mortgage and convey the unit. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same. Suit for any deficiency following fore- closure may be maintained in the same proceeding. No action may be brought to foreclose the lien unless brought within 3 years following the recording of the statement of condominium lien. No action may be brought to foreclose the lien except after 10 days’ prior written notice to the unit owner given by registered mail, return receipt requested, to the address of the unit owner shown on the books of the association.
FORM OF STATEMENT OF CONDOMINIUM LIEN. A state- ment of condominium lien is sufficient for the purposes of this chapter if it contains the following information and is substan- tially in the following form: Statement of Condominium Lien This is to certify that .................... owner(s) of unit No. ..... in .................... Condominium (is) (are) indebted to the association in the amount of $.......... as of .........., .... (year) for (his) (her) (its) (their) (proportionate share of common expenses of the Condo- minium) (damages to the condominium) (penalties for violation of condominium declaration, bylaws, or rules) for the period from (date) to (date), plus interest thereon at the rate of ....%, costs of collection, and actual attorney fees. Association By: .......................... Officer’s title (or agent) Address Phone number I hereby affirm under penalties of perjury that the information contained in the foregoing Statement of Condominium Lien is true and correct to the best of my knowledge, information, and belief. ............................... Officer (or agent)
Synced from the Florida Legislature’s official site. Verify the current version before citing.
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Reference only — not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (July 4, 2026).