How to Dissolve Condo Associations in Wisconsin

Learn how to dissolve the association for a condo complex.

A condo association is the governing body of a condominium community. In order to establish a condominium association, the association is formed as a legal entity. As part of the legal entity formation, bylaws are written. When a Wisconsin condo association needs to be dissolved legally, the dissolution has to be done according to the Uniform Planned Community Act (UPCA) and the rules set forth in the bylaws of the condominium association.

Instructions

1. Read the bylaws of the association for the dissolution clause. Search the dissolution section that describes how the association must be closed. You may see statements such as, "The HOA may be dissolved at any time with the written consent of not less than two-thirds of its members. After all obligations have been fully discharged, its property and assets shall be contributed to a charitable organization to be selected by the HOA's Board of Directors at the time of dissolution." If the bylaws do not state the circumstances for dissolving the association, then you simply abide by the state laws. The state of Wisconsin uses the Uniform Planned Community Act (UPCA) as the state law guide for condos.

2. Host a voting meeting for the condo association. Whether using the bylaws or the UPCA, you need the percentage of votes stated in the document in order to proceed with dissolving the association. According to the UPCA, 80 percent of the members must vote yes in order for the dissolution process to continue. If the bylaws of the association require a higher percentage, then you must abide by this rule.

3. Write the termination agreement. Include the date the agreement is made, the name of the association that is being dissolved and the percentage of association members that voted for the dissolution of the association.

4. Have the association members sign the agreement. Each member of the association must sign the termination agreement.

5. File the agreement with the Wisconsin County Land Information Office. Each county in Wisconsin has a Land Information Office that handles land records. File the agreement with the office that manages the county where the condo is located. You can mail the form to the office or file it in person during normal business hours. You should call the local office first to verify the mailing or physical address and business hours.

References

• Real Estate Lawyers: Dissolution of Your Homeowners' Association (HOA)
• University of Pennsylvania: Uniform Planned Community Act
• AIA Trust: Risk Management Ideas for Condominium Project