If a city, village, town, or county has grounds under this chapter to abate a nuisance occurring upon the common elements of a condominium and the failure of a condominium association under ch. 703 to perform its duties to maintain and control the common elements is a reason the nuisance has not been abated, an action for a receivership under ch. 823 may be brought against the condominium association whether it is incorporated or unincorporated. This section does not authorize the seizure of condominium buildings or units.
823.015.Action against condominium association.
Ch. 823: Nuisances · Last amended 2003 · Last verified July 15, 2026
In one sentenceSection 823.015 lets a city, village, town, or county bring a receivership action against a condominium association, incorporated or not, when the association’s failure to maintain the common elements is a reason a nuisance there has not been abated, but it does not authorize seizing condominium buildings or units.
Full Text of Section 823.015
Official Notes
NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
Plain-English Summary
Condominium common elements are supposed to be maintained by the association, but sometimes that upkeep fails and a nuisance results. Section 823.015 gives a city, village, town, or county a specific tool for that situation: if the municipality already has grounds under this chapter to abate a nuisance on a condominium’s common elements, and the association’s failure under ch. 703 to perform its maintenance and control duties is a reason the nuisance has not been abated, the municipality may bring an action for a receivership under ch. 823 against the association, whether the association is incorporated or not.
The section draws a firm line around this remedy. It does not authorize seizing the condominium buildings or the individual units themselves. The receivership action targets the association’s failure to maintain the common elements, not the owners’ property.
Frequently Asked Questions
Can a municipality go after a condominium association instead of individual unit owners for a nuisance?
Yes, under Section 823.015, if the association’s failure to maintain and control the common elements under ch. 703 is a reason a nuisance on those common elements has not been abated.
Does it matter whether the condominium association is incorporated?
No. Section 823.015 allows the receivership action against the association whether it is incorporated or unincorporated.
Can the municipality seize the condominium units through this action?
No. Section 823.015 expressly states that it does not authorize the seizure of condominium buildings or units.
What kind of action does this section authorize against the association?
An action for a receivership under ch. 823, brought against the condominium association.
What has to already exist for a municipality to use this section?
The municipality must already have grounds under this chapter to abate a nuisance occurring on the condominium’s common elements before it can bring the receivership action.
Amendment History
History: 2003 a. 283.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: condominium association nuisance lawsuit wisconsinreceivership condo common elements wisconsinmunicipality sue condo association nuisancecondo common element maintenance failure nuisance