Homeowners Associations (HOAs) Required to File an Annual Public Notice
LuAnn Peterson, SBWCP | 01.31.24
In March 2022 the Wisconsin Legislature passed 2021 Wisconsin Act 199. Act 199 adopted a requirement under Wis. Stat. § 710.18 that HOAs are now required to file notices with the Wisconsin Department of Financial Institutions (DFI).
For HOAs existing on December 14, 2022, initial public notices were due January 13, 2023. New HOAs created on or after December 14, 2022, are to file their initial notice no later than 30 days after the association is created. The notices are NOT required for condominiums.
Thereafter, annual renewal notices are to be filed by December 31 of each year. Also, if any information contained in an HOA’s filed notice changes, the HOA shall file an amended notice to update the information no later than 30 days after the date on which the change occurs.
If the HOA fails to file a required notice, then the HOA is precluded from charging late fees or other fines for unpaid assessments owed by a residential lot owner, as well as any fees in connection with a transfer of ownership of a residential lot until the required notice has been filed.
Initial notice and renewal notice requirements include:
- Name of Association (for new HOAs) or Registered HOA Name or HOA ID (for existing HOAs)
- Mailing Address of Association
- Website of Association (If Applicable)
- Contact Name on Behalf of Association (NOTICE — This information will be published on the DFI public website for Homeowners’ Associations)
- Contact Address
- Contact Email
- Contact Phone Number
- Name of Management Company (If Applicable)
- Mailing Address of Management Company (If Applicable)
- County and Municipality of Planned Community
- Payment to WDFI: Payment can be made with a credit card. Filing Fee is $25.00
New HOAs can file Form 4002 here. Instructions about completing Form 4002 can be found here.
Amendments (Form 4004) can be filed here to update HOA information. Instructions for completing Form 4004 can be found here.
Renewal notices to meet the annual reporting requirement (Form 4016) can be filed here. Instructions for completing Form 4016 can be found here.
DISCLAIMER: The information provided is for general informational purposes only. This post is not updated to account for changes in the law and should not be considered tax or legal advice. This article is not intended to create an attorney-client relationship. You should consult with legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.