AB781,6,2119 (c) This subsection applies only to leases or rental agreements that are entered
20into or renewed after 3 years after the effective date of this paragraph .... [revisor
21insert date].
Note: Expressly authorizes the condominium declaration to allow the
condominium association, under specified circumstances, to bring an eviction action
against a tenant who fails to comply with the declaration, bylaws, or association rules or

when there are any grounds for eviction under current law (a "violation"). Specifically,
a declaration may provide that a unit owner, as a condition of renting or leasing his or her
residential unit, grants the association power of attorney to bring an eviction action
against a tenant of the unit owner who commits a violation if the unit owner fails to take
reasonable action to evict the tenant after being requested to do so by the association.
If within 60 days after the eviction request the unit owner gives notice terminating or does
not renew the tenant's lease or rental agreement, that constitutes reasonable action to
evict a tenant. The declaration may specify notice and procedural requirements for the
exercise of power of attorney by the association and the allocation of responsibility for
eviction-related costs between the unit owner and the association. An eviction action
brought by an association is subject to chs. 704 and 799, stats.
AB781, s. 14 1Section 14. 703.09 (2) of the statutes is amended to read:
AB781,7,142 703.09 (2) Except as provided in s. sub. (4) and ss. 703.093, 703.13 (6) (c) and
3(d) and (8) (b), and
703.26, a condominium declaration may be amended with the
4written consent of at least two-thirds of the unit owners aggregate of the votes
5established under sub. (1) (f)
or a greater percentage if provided in the declaration.
6An amendment becomes effective when it is recorded in the same manner as the
7declaration. The document submitting the amendment for recording shall state that
8the required consents and approvals for the amendment were received.
A unit
9owner's written consent is not effective unless it is approved in writing by the first
10mortgagee of the unit, or the holder of an equivalent security interest, if any.
11Approval from the first mortgage lender or equivalent security interest holder, or the
12person servicing the first mortgage loan or its equivalent on a unit, constitutes
13approval of the first mortgagee or equivalent security interest holder under this
14subsection.
Note: 1. Amends the exception clause to add reference to s. 703.09 (4), created by
Sec. 15 of the bill; to s. 703.093, created by Sec. 16 of the bill; and to s. 703.13 (6) (c) and
(d) and (8) (b), treated by Secs. 22 and 23 of the bill. The added references contain
different declaration amendment procedures than the general procedure contained in s.
703.09 (2).
2. Clarifies that reference to "two-thirds of the unit owners" is to two-thirds of the
aggregate of the votes (established under current s. 703.09 (1) (f)). The current reference
is ambiguous.

3. Provides that the required mortgagee approval applies to first mortgagees only
and must be in writing and that approval by the person serving the first mortgage loan
constitutes approval by the first mortgagee.
4. Requires the document submitting the declaration amendment for recording to
state that the required consents and approvals for the amendment were received.
See Sec. 16 of the bill for a new alternative procedure for amending the declaration.
AB781, s. 15 1Section 15 . 703.09 (4) of the statutes is created to read:
AB781,8,62 703.09 (4) A declarant may assign his or her rights and obligations as a
3declarant under this chapter by recording an amendment to the declaration that
4includes the assignment and an acceptance of the assignment that is signed by the
5assignee and acknowledged. A declarant may not assign under this subsection less
6than all of his or her rights and obligations as a declarant under this chapter.
Note: Gives express authorization for a declarant to assign all of his or her rights
and obligations as a declarant under ch. 703 if the declarant records an amendment to
the declaration that includes the assignment and an acceptance of the assignment that
is signed by the assignee and acknowledged. Inclusion of this express authority is not
intended to imply that a declarant currently may not assign rights and obligations.
AB781, s. 16 7Section 16 . 703.093 of the statutes is created to read:
AB781,8,14 8703.093 Alternative procedure for amending declaration. (1) As an
9alternative to s. 703.09 (2), a condominium declaration may be amended under this
10section if at least two-thirds of the aggregate of the votes established under s. 703.09
11(1) (f), or a greater percentage if provided in the declaration, consent to the
12amendment in writing and those consents are approved by the mortgagees or holders
13of equivalent security interests in the units. An amendment becomes effective when
14it is recorded in the same manner as the declaration.
AB781,8,18 15(2) The association has 180 days to secure the required consents and approvals
16under this section, commencing with the recording of an affidavit with the register
17of deeds of the county in which the condominium is located. The affidavit shall do
18all of the following:
AB781,8,1919 (a) Set forth the text of the proposed amendment.
AB781,9,3
1(b) Provide the name and address of the senior executive officer of the
2association to whom inquiries should be directed with regard to the proposed
3amendment.
AB781,9,54 (c) State that a notice was sent to each owner of record and each lender of record
5for each unit of the association on the date the affidavit is recorded.
AB781,9,66 (d) Be signed by the senior executive officer of the association.
AB781,9,11 7(3) Notice of a proposed amendment to a declaration under this section shall
8be mailed on the date the affidavit is recorded under sub. (2) to the owner of each
9condominium unit and to any mortgagee of, or holder of an equivalent security
10interest in, each unit, as identified in a title report prepared on the date the notice
11is sent.
AB781,9,12 12(4) The notice mailed under sub. (3) shall do all of the following:
AB781,9,1413 (a) Contain a copy of the text of the proposed amendment and a current copy
14of this section.
AB781,9,1915 (b) Include a written ballot to be signed by the unit owner, identifying the unit
16casting the ballot and identifying each owner of record of that unit as of the date the
17affidavit is recorded under sub. (2). The ballot shall include a place for any mortgagee
18or equivalent security interest holder to whom notice is sent under sub. (3) to indicate
19its approval or objection under sub. (5) (b).
AB781,9,2220 (c) State that, if more than one person is an owner of the unit and the owners
21cannot agree how to cast the ballot, the unit's vote shall be treated as a vote in
22opposition to the proposed amendment.
AB781,9,2523 (d) State that a ballot signed by only one owner shall count as the ballot of that
24unit, unless more than one ballot is received by the association for that unit, in which
25case all ballots received for that unit must concur in the vote cast or the ballots,

1collectively, shall be treated as a vote in opposition to the proposed amendment by
2that unit.
AB781,10,43 (e) State that the proposed amendment must be voted on as written and that
4no changes to the proposed amendment may be accomplished by this vote.
AB781,10,65 (f) Include the address to which the completed ballot should be mailed or
6delivered.
AB781,10,10 7(5) (a) The owner of each unit shall vote on the proposed amendment by signing
8the ballot before a notary public and by mailing the signed and notarized ballot or
9by personally delivering it to the association of unit owners at the applicable address
10specified under sub. (4) (f).
AB781,10,1411 (b) Each mortgagee or equivalent security interest holder receiving the notice
12under sub. (3) shall signify its approval or objection to the amendment by having an
13authorized person sign the ballot before a notary public and by returning the signed,
14notarized ballot to the association.
AB781,11,4 15(6) The association may rely on the list of owners of record set forth in a title
16report obtained as of the date the affidavit is recorded under sub. (2), unless the
17association receives a written notice, signed and notarized by both the previous
18owner and the new owner, advising the association that ownership of the unit has
19changed. The association shall send a copy of the notice under sub. (3) to the new
20owner of a unit and any mortgagee or equivalent security interest holder promptly
21after receiving notice of the transfer of ownership. It is the responsibility of the new
22unit owner to comply with this section. If the previous owner had voted prior to the
23change in ownership, the new owner may execute the ballot included in the notice
24under sub. (3), which ballot, when returned by the new owner, shall supersede and
25replace any ballot cast by the previous owner if the required approval of any

1mortgagee or equivalent security interest holder is also timely received. The
2180-day period applicable to receipt of the ballot for the unit shall be extended to a
3date 14 days after the ballot is mailed by the association if the ballot is mailed within
414 days before the end of the 180-day period.
AB781,11,9 5(7) Any person acquiring a mortgage or equivalent security interest on a unit
6after the affidavit is recorded under sub. (2) may notify the association in writing of
7the mortgage or equivalent security interest lien, identifying the unit on which it
8holds a lien, and signify its approval of or objection to the proposed amendment to
9the declaration.
AB781,11,17 10(8) If the association receives the required number of consents and approvals
11from unit owners and mortgagees and equivalent security interest holders within
12the required time after the affidavit is recorded under sub. (2), the senior executive
13officer of the association shall record an affidavit in the office of the register of deeds
14of the county in which the condominium is located, setting forth the facts satisfying
15the requirements of this section and providing record notice to all interested persons
16that the declaration has been revised, effective upon the recording of the affidavit,
17and restating the entire declaration, as amended.
AB781,11,21 18(9) The association shall, for a period of 2 years following the recording of the
19amended declaration under sub. (8), retain on file and make available for inspection
20at the place where the condominium financial records are maintained all of the
21following:
AB781,11,2222 (a) The title report under sub. (6) relied upon by the association.
AB781,11,2323 (b) All of the ballots received by the association from unit owners.
AB781,11,2524 (c) All written approvals or objections received by the association from
25mortgagees and equivalent security interest holders.

Note: Provides an alternative procedure for amending the declaration. The key
feature is that the association has 180 days to secure the required consents and approvals
and may rely on the list of owners of record contained in a title report at the beginning
of the 180-day period. (The current amendment procedure does not include this 180-day
"window," but there is no limit on how long the current procedure may take. Provision
is made for notice of the proposed amendment to new unit owners and lienholders during
the 180-day period and for the new owners and lienholders to cast a ballot replacing the
ballot of the previous owner and lienholder. Provision is made to extend the 180-day
period 14 days if the ballot is mailed to the new owner and lienholder within 14 days
before the end of the 180-day period.
The procedure contains substantial detail concerning the commencement of the
180-day period; required notice; voting by unit owners and lienholders and subsequent
unit owners and lienholders; recording the amended declaration; and retention of
materials related to the amendment for 2 years.
AB781, s. 17 1Section 17. 703.10 (2g) of the statutes is created to read:
AB781,12,52 703.10 (2g) Occupancy requirements for board members. The bylaws may
3provide that a unit owner may not serve as a director unless the owner occupies his
4or her unit or may specify the proportion of nonoccupant unit owners who may serve
5as directors.
Note: Expressly provides that the condominium bylaws may provide that a unit
owner may not serve as a director of the condominium association unless the unit owner
occupies his or her unit or may specify the proportion of nonoccupant unit owners who
may serve as directors. Note that under current s. 703.10 (2) (d), stats., not more than
one "nonunit owner" may be on the board.
AB781, s. 18 6Section 18. 703.11 (2) (c) of the statutes is amended to read:
AB781,12,117 703.11 (2) (c) Diagrammatic floor plans Plans that show the location of each
8building located or to be located on the property which show and, if there are units
9in a building, that show
the perimeters, approximate dimensions, floor area
10approximate square footage, and location of each unit in it the building. Common
11elements shall be shown graphically to the extent feasible.
Note: Simplifies the required content of a condominium plat by substituting
"plans showing the location of each building" for "diagrammatic floor plans of each
building", adding "perimeters", and substituting "approximate square footage" for "floor
area". Also makes editorial changes. Reference in the revised provision to "plans" is not
intended to include the construction plans for the building, including all the separate
plans that comprise the construction plans.
AB781, s. 19 12Section 19 . 703.11 (5) of the statutes is created to read:
AB781,13,4
1703.11 (5) Amendment. Except as provided in s. 703.265, amendment of a
2condominium plat by an addendum that is not included as part of an amendment to
3the declaration shall be accomplished in the same manner as an amendment to the
4declaration under s. 703.09 (2).
Note: Clarifies that an amendment of a condominium plat (addendum) that is not
included as part of an amendment to the declaration is to be accomplished in the same
manner as an amendment to the declaration.
AB781, s. 20 5Section 20 . 703.13 (5) (a) of the statutes is amended to read:
AB781,13,116 703.13 (5) (a) A unit owner may make any improvements or alterations within
7his or her unit that do not impair the structural integrity or lessen the support of any
8portion of the condominium and that do not create a nuisance substantially affecting
9the use and enjoyment of other units or the common elements
. A unit owner may not
10change the exterior appearance of a unit or of any other portion of the condominium
11without permission of the board of directors of the association.
Note: For convenience, expressly limits the unit improvements or alterations that
a unit owner may make to exclude those that create a nuisance in the use and enjoyment
of other units or the common elements. Reference to "nuisance" is intended to include
both nuisance under common law and nuisance under other law, e.g., ch. 823, stats.
AB781, s. 21 12Section 21 . 703.13 (5m) of the statutes is created to read:
AB781,13,1713 703.13 (5m) Improvements to limited common elements. (a) If permitted by
14the condominium instruments and subject to par. (b) and to any restrictions or
15limitations specified in the condominium instruments, a unit owner may improve,
16including the enclosure of, the limited common elements appurtenant exclusively to
17that owner's unit if all of the following conditions are met:
AB781,13,2118 1. A statement describing the improvement, including a description of the
19project, the materials to be used, and the project's proposed impact on the appearance
20of the condominium, and identifying the project contractor is submitted to the board
21of directors of the association.
AB781,14,3
12. The improvement will not interfere with the use and enjoyment of the units
2of other unit owners or the common elements or limited common elements of the
3condominium.
AB781,14,54 3. The improvement will not impair the structural integrity of the
5condominium.
AB781,14,76 4. Any change to the exterior appearance of the condominium is approved by
7the board of directors of the association.
AB781,14,138 (b) All costs and expenses of an improvement under this subsection and any
9increased costs of maintenance and repair of the limited common elements resulting
10from the improvement are the obligation of the unit owner. The unit owner shall
11protect the association and other unit owners from liens on property of the
12association or of other unit owners that otherwise might result from the
13improvement.
Note: Allows a unit owner, at the owner's expense, to improve limited common
elements appurtenant exclusively to that owner's unit if permitted by the condominium
instruments and if the specified conditions are met.
AB781, s. 22 14Section 22 . 703.13 (6) (c) and (d) of the statutes are amended to read:
AB781,15,215 703.13 (6) (c) An amendment to a declaration shall identify the units involved
16and shall state that the boundaries between those units are being relocated by
17agreement of the unit owners thereof. The amendment shall contain words of
18conveyance between those unit owners, and when recorded shall also be indexed in
19the name of the grantor and grantee. If the adjoining unit owners have specified in
20their written application the reallocation between their units of the aggregate
21undivided interest in the common elements appertaining to those units, the
22amendment to the declaration shall reflect that reallocation. An amendment to a
23declaration under this paragraph shall be adopted, at the option of the adjoining unit

1owners, either under s. 703.09 (2) or by the written consent of the owners of the
2adjoining units involved and the mortgagees of the adjoining units.
Note: Current s. 703.13 (6), stats., contains a procedure for changing boundaries
between adjoining condominium units when the condominium instruments permit a
relocation and the adjoining unit owners desire the relocation. One element of that
procedure is an amendment to the declaration, describing the boundary change and any
reallocation of interests in the adjoining unit owners' respective interests in the common
elements. [s. 703.13 (6) (c), stats.]
Section 703.13 (6) (c) is amended to allow a declaration amendment under the
boundary change procedure to be accomplished simply with the approval of the adjoining
unit owners and the mortgagees of the adjoining units, if any. (The general method of
amending the declaration under s. 703.09 (2) may, at the option of the adjoining unit
owners, continue to be used instead of the simplified procedure.)
AB781,15,83 (d) If the adjoining unit owners have specified in their written application a
4reasonable reallocation, as determined by the board of directors, of the number of
5votes in the association or liabilities for future common expenses not specially
6assessed, appertaining to their units, an amendment to the condominium
7instruments shall reflect those reallocations. An amendment to a declaration under
8this paragraph shall be adopted in the manner specified in par. (c).
Note: The procedure for relocating boundaries between adjoining condominium
units also provides that if the adjoining unit owners have specified in the written
application a reasonable allocation, as determined by the board of directors, of the
number of votes in the association or liabilities for future common expenses not specially
assessed that pertain to the units, an amendment to the condominium instruments is to
reflect those reallocations. This bill provides that an amendment to a declaration under
this provision is adopted in the same manner as described in paragraph 2 of the Note
immediately above.
AB781, s. 23 9Section 23 . 703.13 (8) of the statutes is created to read:
AB781,15,1310 703.13 (8) Merger of units. (a) If any condominium instruments expressly
11permit the merger of 2 or more adjoining units into one unit, a merger shall be made
12in accordance with this subsection and any restrictions and limitations specified in
13the condominium instruments.
AB781,16,1114 (b) If the unit owners of adjoining units that may be merged desire to merge
15the units, the unit owners, after 30 days' written notice to all other unit owners, shall

1prepare and execute appropriate instruments under this subsection. An amendment
2to the condominium instruments shall assign a new identifying number to the new
3unit created by the merger of the units and shall allocate to the new unit all of the
4undivided interest in the common elements and rights to use the limited common
5elements and the votes in the association formerly appertaining to the separate
6units. The amendment shall reflect an allocation to the new unit of the liability for
7common expenses and rights to common surpluses formerly appertaining to the
8separate units. An amendment to a declaration under this paragraph shall be
9adopted either under s. 703.09 (2) or by the written consent of the owners of the units
10to be merged, the mortgagees of those units, if any, and the board of directors of the
11association.
AB781,16,1612 (c) Plats and plans showing the boundaries and dimensions of the new unit
13together with the new identifying number or letter shall be prepared. The plats and
14plans shall be certified as to their accuracy and compliance with this subsection by
15a civil engineer, architect, or licensed land surveyor authorized to practice in this
16state.
AB781,16,2417 (d) After appropriate instruments have been prepared and executed, they shall
18be delivered promptly to the owner or owners of the merged unit upon payment by
19the owner or owners of all reasonable costs for their preparation. Those instruments
20are effective when executed by the owner or owners of the merged unit and recorded
21in the office of the register of deeds of the county where the property is located. The
22recording of the instruments is conclusive evidence that the merger did not violate
23any restriction or limitation specified by the condominium instruments and that any
24reallocations made under this subsection were reasonable.

Note: Provides a procedure for merging adjoining condominium units based on
current procedures for: relocating boundaries between adjoining condominium units [s.
703.13 (6), stats.]; and separation of a unit into one or more units [s. 703.13 (7), stats.].
The procedure includes a simplified means of amending the declaration.
AB781, s. 24 1Section 24. 703.15 (1) of the statutes is amended to read:
AB781,17,92 703.15 (1) Legal entity. The affairs of every condominium shall be governed
3by an association which that, even if unincorporated, is constituted a legal entity for
4all purposes. Except for matters reserved to the association members or unit owners
5by this chapter, the declaration, or the bylaws, all policy and operational decisions
6of the association, including interpretation of the condominium instruments,
7bylaws, rules, and other documents relating to the condominium or the association,
8shall be made by its board of directors. This subsection does not affect the deference
9accorded to, or the standard of review of, an action of the board of directors by a court.
Note: Clarifies the prevailing, but not always known, view of the role of the
association board of directors: with the exception of matters reserved to association
members or unit owners by ch. 703, the declaration, or bylaws, all policy and operational
decisions of the association are made by the board. Policy and operational decisions
include, but are not limited to, interpretation of condominium instruments, bylaws, rules,
and other documents relating to the condominium or the association.
AB781, s. 25 10Section 25. 703.15 (3) (b) 1. of the statutes is amended to read:
AB781,17,1311 703.15 (3) (b) 1. Make contracts and incur liabilities , including borrowing funds
12in the name of the association in the manner specified in the bylaws under s. 703.10
13(2) (f)
.
Note: For illustrative purposes, expressly provides that a condominium
association, subject to any restrictions and limitations specified by the declaration, may
borrow funds in the name of the association in the manner specified in the bylaws as part
of its general authority to make contracts and incur liabilities. The exercise of this
authority by an association is subject to current s. 703.25, relating to the tort and contract
liability of an association.
AB781, s. 26 14Section 26. 703.15 (3) (b) 8. of the statutes is created to read:
AB781,17,1615 703.15 (3) (b) 8. Purchase goods and services jointly with other condominium
16associations or other persons.

Note: Expressly authorizes a condominium association, subject to any restrictions
and limitations specified by the declaration, to purchase goods and services jointly with
other condominium associations or other persons.
AB781, s. 27 1Section 27. 703.15 (4) (d) 1. of the statutes is amended to read:
AB781,18,82 703.15 (4) (d) 1. At meetings of the association every unit owner is entitled to
3cast the number of votes appurtenant to his or her unit, as established in the
4declaration under s. 703.09 (1) (f)
. Unit owners may vote by proxy, but, the proxy is
5effective only for a maximum period of 180 days following its issuance, unless
6granted to a mortgagee or lessee. If only one of multiple owners of a unit is present
7at a meeting of the association, the owner is entitled to cast the votes allocated to that
8unit.
Note: For convenience, indicates by cross-reference that the number of votes
appurtenant to a condominium unit is established in the declaration.
AB781, s. 28 9Section 28. 703.155 (7) of the statutes is created to read:
AB781,18,1410 703.155 (7) Representation of condominium or noncondominium property. A
11master association may represent condominium or noncondominium property on
12behalf of one or more condominiums and property under a different form of
13ownership or for the benefit of the unit owners of one or more condominiums and the
14owners of other property.
Note: Clarifies the authority of a master association to represent either
condominium property or noncondominium property: (a) on behalf of one or more
condominiums and property under a different form of ownership; or (b) for the benefit of
the unit owners of one or more condominiums and the owners of other property.
AB781, s. 29 15Section 29. 703.16 (2) of the statutes is renumbered 703.16 (2) (a).
AB781, s. 30 16Section 30. 703.16 (2) (b) of the statutes is created to read:
AB781,19,317 703.16 (2) (b) During the period of declarant control of the association under
18s. 703.15 (2) (c), if any unit owned by the declarant is exempt from assessments for
19common expenses until the unit is sold, the total amount assessed against units that
20are not exempt from assessments may not exceed the amount that equals nonexempt

1units' projected percentage share of common expenses, based on the anticipated
2common expenses set forth in the annual budget under s. 703.161 (2) (a). The
3declarant is liable for the balance of the actual common expenses.
Note: Provides that, during the period of declarant control, if a unit owned by the
declarant is exempt from assessments for common expenses until the unit is sold, the
total amount that may be assessed against units that are not exempt from assessments
may not exceed the units' projected percentage share of common expenses; the declarant
is liable for the balance of the actual expenses.
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