703.205 Establishing fee amounts charged by association.

(1) Limitations on charging certain fees. An association may charge, or increase the amount of, the following fees only if the association follows the procedures under sub. (2):

(a) A fee for furnishing the disclosure information under s. 703.33 (1), (1m), and (2) that is greater than the amount allowed under s. 703.20 (2) (a).

(b) A fee for providing the first payoff statement within a 2-month period as allowed under s. 703.335 (4) (b).

(2) Procedure for establishing fee amounts. An association may establish, or increase the amount of, a fee described under sub. (1) (a) or (b) by doing all of the following:

(a) Providing written notice to unit owners as provided under s. 703.15 (4) (c) at least 48 hours before any meeting at which the association will consider any of the following:

1. Establishing the fee or increasing the amount of the fee.

2. Entering into or modifying a management contract that does any of the following:

a. If the association does not currently charge the fee, allows the manager to begin charging the fee.

b. If the association does currently charge the fee, allows the manager to increase the amount of the fee.

(b) Adopting a written resolution, at a meeting described under par. (a), to take any of the actions described under par. (a) 1. or 2.

(c) No later than 48 hours after adopting a resolution described under par. (b), providing written notice to unit owners describing the type of fee established or increased and the amount of the fee established or the amount by which the fee was increased.

(3) Failure to provide notice. An association's failure to provide a notice required under sub. (2) (a) or (c) does not affect the right of the association, directly or under a management contract, to charge a fee established or increased under sub. (2).

History: 2017 a. 303.