April 19, 2023 – With homeowners increasingly wanting to add solar power to their homes in Wisconsin, homeowners associations (HOAs) more frequently are tackling the question of whether they are required to allow residential owners to install them and what limitations apply.
Purchasing a home within a neighborhood with a HOA can include many benefits, including neighborhood pools and parks. HOAs, with the aim to ensure high property values, add a layer of support and can enhance community engagement among residents.
Each HOA is unique, which complicates the solar-panel issue, so much so that Dane County has a
webpage solely dedicated to the issue.
It can be a balancing act for the HOA between homeowners who wish to install solar panels and their neighbors who object to them, and it can be difficult to know what limitations the HOA can impose, if any. After all,
Wis. Stat. section 236.295(2) says:
All restrictions on platted land that prevent or unduly restrict the construction and operation of solar energy systems, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in s. 66.0403 (1) (m), are void.
For potential homebuyers, knowing the HOA covenants and restrictions can help them decide whether to purchase in a given neighborhood. With the passage of 2021 Wisconsin Act 199, as of January 2023, HOAs are now required to file an annual public notice with the Wisconsin Department of Financial Institutions. This notice creates a public listing of HOAs on the
DFI website.
Among other changes under the new law, HOAs must notify homeowners in writing at least 48 hours before any HOA meeting.
These topics and more will be discussed in the half-day seminar “HOAs From A to Z 2023” from State Bar of Wisconsin PINNACLE™ at the State Bar Center in Madison on April 26, 2023, with webcast seminars following through the end of June.
This 3.5 CLE program gives you a solid understanding of Wisconsin law governing HOAs, including new statutory requirements that went into effect in January 2023. With this program, you will:
receive an overview of the laws governing HOAs;
understand the fiduciary duties of HOA officers and boards;
know the insurance requirements for HOAs; and
learn to recognize and address common HOA issues.
This CLE session will help your practice, if you represent homeowners associations, practice real estate law, are a contract lawyer, or serve on a HOA board. All attendees get free access to the recorded program for 90 days after attendance. Access this through your
myStateBar page on Wisbar.org.
Reserve your spot today to review and update your knowledge of HOAs.
