CHAPTER 703
CONDOMINIUMS
703.01 Condominium ownership act.
703.03 Application of chapter.
703.04 Status of the units.
703.05 Ownership of units.
703.06 Alterations prohibited.
703.07 Establishment of condominium.
703.08 Notice prior to conversion of residential property to condominium.
703.12 Description of units.
703.13 Percentage interests.
703.14 Use of common elements.
703.15 Association of unit owners.
703.155 Master associations.
703.16 Common expenses and common surpluses.
703.18 Repair or reconstruction.
703.20 Books of receipts and expenditures.
703.21 Separate taxation.
703.22 Mechanics' and materialmen's liens.
703.23 Resident agent; exemption of unit owners from liability.
703.24 Remedies for violation by unit owner.
703.25 Tort and contract liability.
703.255 Noncompletion of units.
703.26 Expanding condominiums.
703.27 Zoning and building regulations.
703.275 Merger or consolidation of condominiums.
703.28 Removal from provisions of this chapter.
703.29 Removal no bar to subsequent resubmission.
703.30 Rules of construction.
703.31 Personal application.
703.32 Easements and encroachments.
703.33 Disclosure requirements.
703.34 Blanket mortgages and other blanket liens affecting a unit at time of first conveyance.
703.35 Termination of contracts and leases.
703.36 Provisions requiring employment of declarant or vendor to effect sale.
703.365 Small residential condominiums.
703.38 Applicability to existing condominiums.
703.01
703.01
Condominium ownership act. This chapter shall be known as the "Condominium Ownership Act".
703.01 History
History: 1977 c. 407.
703.01 Annotation
State and federal regulation of condominiums. Minahan, 58 MLR 55.
703.01 Annotation
Condominium conversion and tenant rights-Wisconsin statutes section 703.08: What kind of protection does it really provide. Wynn, 63 MLR 73 (1979).
703.01 Annotation
Transferring Declarant Rights and Obligations Under the Wisconsin Condominium Ownership Act. Ishikawa. Wis. Law. Feb. 1992.
703.02
703.02
Definitions. In this chapter, unless the context requires otherwise:
703.02(1)
(1) "Allocated interests" means the undivided percentage interest in the common elements, the liability for common expenses and the number of votes at meetings of the association appurtenant to each unit.
703.02(1m)
(1m) "Association" means all of a condominium's unit owners acting as a group, either through a nonstock, nonprofit corporation or an unincorporated association, in accordance with its bylaws and declaration.
703.02(2)
(2) "Common elements" mean all of a condominium except its units.
703.02(3)
(3) "Common expenses and common surpluses" mean the expenses and surpluses of an association.
703.02(4)
(4) "Condominium" means property subject to a condominium declaration established under this chapter.
703.02(5)
(5) "Condominium instruments" mean the declaration, plats and plans of a condominium together with any attached exhibits or schedules.
703.02(6)
(6) "Conversion condominium" means a structure which, before the recording of a condominium declaration, was wholly or partially occupied by persons other than those who have contracted for the purchase of condominium units and those who occupy with the consent of the purchasers.
703.02(7)
(7) "Declarant" means any owner who subjects his or her property to a condominium declaration established under this chapter.
703.02(8)
(8) "Declaration" means the instrument by which a property becomes subject to this chapter, and that declaration as amended from time to time.
703.02(9)
(9) "Expandable condominium" means a condominium to which additional property or units or both may be added in accordance with the provisions of a declaration and this chapter.
703.02(10)
(10) "Limited common elements" mean those common elements identified in a declaration or on a condominium plat as reserved for the exclusive use of one or more but less than all of the unit owners.
703.02(11)
(11) "Majority" or "majority of unit owners" mean the condominium unit owners with more than 50% of the votes assigned to the units in the condominium declaration.
703.02(12)
(12) "Mortgagee" means the holder of any recorded mortgage encumbering one or more units or a land contract vendor.
703.02(13)
(13) "Person" means an individual, corporation, partnership, association, trustee or other legal entity.
703.02(14)
(14) "Property" means unimproved land, land together with improvements on it or improvements without the underlying land. Property may consist of noncontiguous parcels or improvements.
703.02(14m)
(14m) "Small residential condominium" means a condominium with no more than 4 units, all of which are restricted to residential uses.
703.02(15)
(15) "Unit" means a part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space or one or more rooms or enclosed spaces located on one or more floors (or parts thereof) in a building. A unit may include 2 or more noncontiguous areas.
703.02(16)
(16) "Unit number" means the number, letter or combination thereof, identifying a unit in a declaration.
703.02(17)
(17) "Unit owner" means a person, combination of persons, partnership or corporation who holds legal title to a condominium unit or has equitable ownership as a land contract vendee.
703.02 History
History: 1977 c. 407;
1985 a. 188.
703.02 Annotation
The definition of "unit" under sub. (15) encompasses a property on which there is no constructed unit. Aluminium Industries v. Camelot Trails, 194 W (2d) 575, 535 NW (2d) 74 (Ct. App. 1995).
703.03
703.03
Application of chapter. This chapter applies only to property, a sole owner or all of the owners of which submit the property to the provisions of this chapter by duly executing and recording a declaration as provided in this chapter.
703.03 History
History: 1977 c. 407.
703.04
703.04
Status of the units. A unit, together with its undivided interest in the common elements, for all purposes constitutes real property.
703.04 History
History: 1977 c. 407.
703.05
703.05
Ownership of units. A unit owner is entitled to the exclusive ownership and possession of his or her unit.
703.05 History
History: 1977 c. 407.
703.06
703.06
Alterations prohibited. Except as otherwise provided in this chapter, no unit owner may do any alteration which would jeopardize the soundness or safety of the property, reduce the value thereof, or impair any easement or hereditament.
703.06 History
History: 1977 c. 407.
703.07
703.07
Establishment of condominium. 703.07(1)
(1) A condominium may be created by recording condominium instruments with the register of deeds of the county where the property is located.
703.07(2)
(2) A condominium instrument, and all amendments and certifications of a condominium instrument, shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in the name of the declarant and the name of the condominium. Subsequent instruments affecting the title to a unit which is physically located entirely within a single county shall be recorded only in that county, notwithstanding the fact that the common elements are not physically located entirely within that county. Subsequent amendments shall be indexed under the name of the condominium.
