703.245 Association-unit owner dispute; notice required.

632 words·~3 min read·/wi/chapter-703/703-245-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Claim” means a request or demand by an association or unit owner for a remedy related to a dispute.

(b)“Direct negotiation” has the meaning given in s. 802.12

(b).

(c)“Dispute” means a disagreement between an association and a unit owner arising out of or related to a condominium.

(d)“Party” means an association or unit owner involved in a dispute.

(2)Limitation on judicial actions. An association may not commence or maintain a claim in circuit court against a unit owner unless the association complies with this section, and a unit owner may not commence or maintain a claim in circuit court against an association unless the unit owner complies with this section.

(3)Notice of claim required. Before an association or unit owner files a claim described under sub.

(2)in circuit court, the association or unit owner shall deliver to the other party a written notice of the claim that includes all of the following information:

(a)A description of the dispute to which the claim relates, including the date, time, and location of the events giving rise to the dispute, the persons involved in the events, and the other party’s role in the events.

(b)The legal basis for the claim, including any applicable provisions of the condominium instruments, bylaws, rules, or other documents relating to the condominium or the association.

(c)A proposal for resolving the dispute to which the claim relates.

(d)A statement that the other party may request a direct negotiation conference under sub.

(4)and the name and address of the person to which the other party may deliver the request.

(4)Request for direct negotiation conference. An association or unit owner that delivers or receives a notice of claim under sub.

(3)may, no later than 10 business days after delivering or receiving the notice, request a direct negotiation conference with the other party by delivering a written request for direct negotiation that includes at least 3 proposed dates and times for the direct negotiation conference that are at least 5 days but not more than 30 days after the request is delivered. If the association or unit owner delivered the notice of claim, the association or unit owner shall deliver the request to the other party in the same manner that the notice was delivered under sub.

(3). If the association or unit owner received the notice of claim, the association or unit owner shall deliver the request to the person identified under sub.

(d).

(5)Direct negotiation conference.

(a)If a unit owner delivers a request under sub.

(4)to an association, the association shall participate in a direct negotiation conference with the unit owner as provided under par.

(c).

(b)If an association delivers a request under sub.

(4)to a unit owner, the unit owner may, but is not required to, participate in a direct negotiation conference with the association as provided under par.

(c).

(c)If an association and a unit owner participate in a direct negotiation conference under this subsection, the association and unit owner shall, no later than 30 days after the request under sub.

(4)is delivered, meet at a mutually agreed upon time and place to engage in good faith direct negotiation to resolve the dispute described in the notice of claim delivered under sub.

(3). The association and unit owner shall participate in the conference personally or by a representative or agent having authority to act with respect to the dispute and to bind the party represented. The association and unit owner may conduct the conference through the use of any means of communication by which any of the following occurs: