Most states, including Wisconsin, follow the American Rule when it comes to attorney fees. In simple terms, it provides that each side in a lawsuit is responsible for their own attorney fees (win or lose) unless:
- A statute or law provides otherwise; or
- A contract provides otherwise.
Because the law recognizes your Association documents as contracts between the Association and it owners or members, a provision allowing attorney fees may be found there.
Continue Reading Attorney Fees – How Do I Get a Court to Award Them to My Association and What is a Fee Shifting Provision?