Brittany Bay Club Condominium Owners Association, Inc. has emerged victorious in a legal battle over unpaid condominium assessments. The case, filed by the Association in Dodge County Circuit Court against James R. Traugott, was decided on February 27, 2026, with the court ruling in favor of the Association’s claims for a money judgment and foreclosure due to Traugott’s failure to pay an assessment related to pier replacement.
The lawsuit began when Brittany Bay Club Condominium Owners Association sought to recover $1,200 per unit from its members for the replacement of a common pier element at their multi-unit property in Dodge County, Wisconsin. Traugott, who owns a unit within the condominium complex, refused to pay this special assessment. He argued that the expenses were not included in Brittany Bay’s annual budget and that the Association did not adhere to specific bylaws regarding special meetings and voting procedures as outlined in their declaration.
The crux of Traugott’s defense rested on procedural missteps he claimed were made by the Association. He asserted that because the pier replacement costs were known prior to budget approval but not included therein, and because proper voting procedures were allegedly bypassed during a special meeting in September 2021, he should not be liable for the assessment. The court found these arguments unpersuasive, noting that Wisconsin Statutes § 703.165(2) holds unit owners liable for all assessments due while they own a unit.
The circuit court’s decision was upheld upon appeal after reviewing both statutory obligations under Wisconsin’s Condominium Ownership Act and Brittany Bay’s governing documents. Judge Martin J. De Vries affirmed that Traugott remained liable for his share of common expenses despite his claims of procedural errors by the Association. The ruling emphasized that such disputes do not absolve owners from their financial responsibilities towards assessments as they come due.
The plaintiffs are seeking full payment of unpaid assessments along with other charges and have requested foreclosure on Traugott’s unit as part of their legal relief measures. This outcome reinforces associations’ rights to enforce financial obligations necessary for maintaining shared property elements under condominium law.
Representing Brittany Bay Club Condominium Owners Association is attorney Jason B., while James R. Traugott represents himself in this matter before Judges Graham P.J., Nashold, and Taylor presiding over Appeal No. 2025AP100.
Source: 2025AP100_Brittany_Bay_Club_Condominium_Traugott_Opinion_Wisconsin_Court_of_Appeals.pdf