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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
Wisconsin has no comprehensive planned-community or HOA act, so for a non-condominium association the recorded declaration of covenants, conditions, and restrictions generally controls the amendment threshold and procedure. The state's homeowners'-association statute (Wis. Stat. § 710.18) is a regulation provision covering disclosure, recording, and meeting notice — for example, requiring covenants to be recorded with the register of deeds in each county where the community sits — but it does not set an amendment vote threshold. Most associations also operate as nonstock corporations under Wis. Stat. ch. 181. Because there is no default statutory percentage, your recorded CC&Rs usually set the vote (often a supermajority such as two-thirds or 75%), so we read those documents before quoting.
Condominiums (Condominium Ownership Act)
Condominiums are governed by the Condominium Ownership Act (Wis. Stat. ch. 703). A declaration amendment generally requires written consent of at least two-thirds of the aggregate of the votes, or a higher percentage if the declaration says so, and the amendment is generally effective only when it is recorded (Wis. Stat. § 703.09(2)). A "small condominium" of no more than 12 units generally applies a higher 75% threshold for owner action (Wis. Stat. §§ 703.02(14m), 703.365).
How the vote can run
Condominium voting runs through the unit owners' association, where proxies are generally allowed but limited to 180 days, with at least 10 days' meeting notice (Wis. Stat. § 703.15). Because most Wisconsin associations are nonstock corporations, action by written ballot — including ballots sent or returned by electronic means — is generally available when the articles or bylaws authorize it, provided the same quorum and approval levels as a meeting are met (Wis. Stat. § 181.0708). We confirm what your governing documents and bylaws permit before setting up secret electronic or paper ballots.
Before we quote
Wisconsin details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Wisconsin vote has to answer.
No statewide planned-community act: for non-condominium HOAs, the recorded declaration generally controls the amendment percentage and method; § 710.18 covers disclosure, recording, and notice, not vote thresholds (Wis. Stat. § 710.18).
Condominium declaration amendments generally need written consent of at least two-thirds of the aggregate votes, or higher if the declaration requires (Wis. Stat. § 703.09(2)).
A "small condominium" of no more than 12 units generally uses a 75% owner-approval threshold (Wis. Stat. §§ 703.02(14m), 703.365).
An amendment is generally effective only when recorded with the county register of deeds (Wis. Stat. § 703.09(2); recording under Wis. Stat. ch. 706).
Written ballots, including electronic ballots, are generally allowed for nonstock-corporation associations when the bylaws authorize them, at the same quorum and approval as a meeting (Wis. Stat. § 181.0708).
Condominium proxies are generally capped at 180 days with at least 10 days' meeting notice (Wis. Stat. § 703.15); planned-community associations must give at least 48 hours' meeting notice (Wis. Stat. § 710.18(4)).
First-mortgagee approval of a condominium amendment may be deemed given if a lender does not respond within 60 days of mailed notice (Wis. Stat. § 703.09(2m)).
Amendments that reduce the value of a unit owner's interest in a common element can trigger a compensation requirement, and many declarations and lender rules add affected-owner or mortgagee consent (Wis. Stat. § 703.09(3)(a)).
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