703.24 Remedies for violations by unit owner or tenant of a unit owner.
(1) Definition. In this section, “violation" means failure to comply with this chapter or the declaration, bylaws, or association rules.
(2) Liability for unit owner violation. A unit owner who commits a violation is liable for any charges, fines, or assessments imposed by the association pursuant to the bylaws or association rules as a result of the violation and may be subject to a temporary or permanent injunction.
(3) Liability for violation by tenant.
(a) If a tenant of a unit commits a violation that results in a charge, fine, or assessment imposed by the association pursuant to the bylaws or association rules, the tenant is liable for the charge, fine, or assessment.
(b) If the association complies with the notice requirement of sub. (4), the owner of the unit occupied by the tenant when the violation occurred is liable for any charges, fines, or assessments imposed by the association for which the tenant is liable under par. (a) that are not paid by the tenant within 30 days after receiving the notice under sub. (4). This paragraph does not affect the liability of the tenant to the unit owner for any charges, fines, or assessments paid by the unit owner under this paragraph.
(4) Notice requirement for violation by tenant. If an association imposes a charge, fine, or assessment as a result of a violation by a tenant of a unit in the condominium, the association shall give notice to the tenant by any method under s. 704.21 (1) (a) to (e) and to the owner of the unit occupied by the tenant by any method under s. 704.21 (2) (a) to (d). The notice shall include all of the following:
(a) The amount of charges, fines, or assessments for which the tenant is liable.
(b) Notice that if the tenant fails to pay the association the amount for which the tenant is liable within 30 days after the tenant receives the notice, the owner is liable to the association for the amount unpaid by the tenant although the tenant may be liable to the unit owner for any amounts the unit owner pays.
(5) Other liability not affected. This section does not otherwise affect the liability of a unit owner or tenant who commits a violation.
History: 1977 c. 407; 2003 a. 283.
NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
703.01 - Condominium ownership act.
703.03 - Application of chapter.
703.06 - Alterations prohibited.
703.065 - Recording requirements; general.
703.07 - Establishment of condominium.
703.08 - Notice prior to conversion of residential property to condominium.
703.093 - Alternative procedure for amending declaration.
703.095 - Modification and correction of recorded condominium instruments, amendments, and addenda.
703.105 - Display of the United States flag and political signs.
703.115 - Local review of condominium instruments.
703.12 - Description of units.
703.13 - Percentage interests.
703.14 - Use of common elements.
703.15 - Association of unit owners.
703.155 - Master associations.
703.16 - Common expenses and common surpluses.
703.163 - Statutory reserve account.
703.165 - Lien for unpaid common expenses, unpaid damages, and unpaid penalties.
703.18 - Repair or reconstruction.
703.195 - Acquisition of common elements by condemnors.
703.20 - Association records; inspection by unit owners; financial audits.
703.202 - Access to records of association-controlled entity.
703.205 - Establishing fee amounts charged by association.
703.22 - Construction and suppliers' liens.
703.23 - Resident agent; exemption of unit owners from liability.
703.24 - Remedies for violations by unit owner or tenant of a unit owner.
703.245 - Association-unit owner dispute; notice required.
703.25 - Tort and contract liability.
703.26 - Expanding condominiums.
703.265 - Addendum to plat to reflect changes in building codes or zoning ordinances.
703.27 - Zoning and building regulations.
703.275 - Merger or consolidation of condominiums.
703.28 - Removal from provisions of this chapter.
703.29 - Removal no bar to subsequent resubmission.
703.30 - Rules of construction.
703.31 - Personal application.
703.315 - Lease or rental agreements for residential units.
703.32 - Easements and encroachments.
703.33 - Disclosure requirements in connection with sale of unit.
703.335 - Payoff statement for unpaid assessments and other obligations.
703.34 - Blanket mortgages and other blanket liens affecting a unit at time of first conveyance.
703.35 - Termination of contracts and leases.
703.36 - Provisions requiring employment of declarant or vendor to effect sale.