Note: Authorizes a small condominium, if approved by written consent of all of the
unit votes, to substitute an agreement for the bylaws. The terms of the agreement must
include the requirements of current s. 703.365 (3) and must otherwise be consistent with
s. 703.365. An amendment to an agreement may be made with affirmative vote or written
consent of all of the unit votes of the small condominium. Compare ss. 180.1823 and
180.1825, stats., relating to agreements in place of bylaws for statutory close
corporations.
SB412, s. 61
1Section
61
. 703.365 (4), (5), (6) (a) (intro.) and (c), (7) and (8) of the statutes
2are amended to read:
SB412,49,53
703.365
(4) Condominium plat. (a) The survey under s. 703.11 (2) (b) shall be
4an as-built survey of the property described in the declaration, building
, and other
5improvements on the land
which that are part of the small
residential condominium.
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(b) The floor plans under s. 703.11 (2) (c) need only show the location and
7designation of each unit in the building and the limited common elements
8appurtenant to each unit of a small
residential condominium. These plans may be
9supplemented by an agreement among all unit owners and mortgagees regarding the
10allocation of use and enjoyment of common elements
, which
agreement, in both its
11original and any amended form, shall be recorded.
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12(5) Association. (a) Under s. 703.15 (2), an association shall exist immediately
13upon establishment of a small
residential condominium and the declarant shall have
14rights in the association only as an owner of a unit or units.
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(b) Directors of a small
residential condominium shall be chosen in accordance
16with sub. (3) (c). The board of directors shall meet at least quarterly.
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(c) Unless included in the bylaws, s. 703.15 (4) (b) to (d) does not apply to a small
18residential condominium.
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19(6) (a) (intro.) Paragraphs (b) to (e) apply to a small
residential condominium
20if any of the following criteria is met:
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1(c) The unit owner or owners may challenge the decision after reconsideration
2by the board of directors under par. (b) only in an arbitration proceeding under ch.
3788. Acceptance of a conveyance of a small
residential condominium
which that is
4subject to pars. (b) to (e) is deemed to constitute an agreement by the unit owner to
5submit challenges to decisions of the board of directors to arbitration.
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6(7) Expanding condominiums. Section 703.26 does not apply to a small
7residential condominium.
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8(8) Disclosure requirements. The disclosure required for a small
residential 9condominium under s. 703.33
shall be is limited to the disclosure required under s.
10703.33 (1) (a) to (e), if applicable, and a copy of the condominium plat.
SB412, s. 62
11Section
62. 703.37 of the statutes is amended to read:
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12703.37 Interpretation. For purposes of interpretation of this chapter, a
13condominium is
a form of ownership, not a form of land use, and is not a subdivision
14as defined in ch. 236.
Note: Clarifies the current interpretation directive which provides that, for
purposes of interpreting ch. 703, a condominium is not a subdivision under ch. 236, stats.,
by adding the statement that a condominium is "a form of ownership, not a form of land
use".
SB412, s. 63
15Section
63. 703.38 (10) of the statutes is renumbered 703.38 (10) (a) and
16amended to read:
SB412,50,2117
703.38
(10) (a)
Section Except as provided in par. (b), s. 703.02 (14m), 1999
18stats., and s. 703.365
applies, 1999 stats., apply to condominiums created on or after
19April 22, 1986,
and before the effective date of this paragraph .... [revisor inserts
20date], and to condominiums created before April 22, 1986, that elect to be subject to
21s. 703.02 (14m), 1999 stats., and s. 703.365
, 1999 stats.
SB412, s. 64
22Section
64. 703.38 (10) (b) of the statutes is created to read:
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1703.38
(10) (b) Sections 703.02 (14m) and 703.365 apply to condominiums
2created on or after the effective date of this paragraph .... [revisor inserts date], and
3to condominiums created before the effective date of this paragraph .... [revisor
4inserts date], that elect to be subject to ss. 703.02 (14m) and 703.365.
SB412, s. 65
5Section
65. 703.38 (11) of the statutes is repealed.
SB412, s. 66
6Section
66. 709.02 of the statutes is renumbered 709.02 (1).
SB412, s. 67
7Section
67. 709.02 (2) of the statutes is created to read:
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709.02
(2) In regard to a transfer of a condominium unit, as defined in s. 703.02
9(15), the owner shall furnish, in addition to and at the same time as the information
10required under sub. (1), all the following information as an addendum to the real
11estate condition report under s. 709.03:
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(a) The name of the condominium and the date the condominium was created
13by recording condominium instruments with the register of deeds under s. 703.07;
14the unit number of the property offered for sale; and the name, address, and
15telephone number of the seller or the seller's agent.
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(b) The name and address of the condominium association; a statement
17specifying whether the association is self-managed or has hired or retained
18management; and the name, address, and telephone number of the individual who
19may be contacted as a representative of the association regarding this sale, in
20particular, or the condominium, in general.
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(c) The amount of current condominium assessments, fees, special
22assessments, or other charges for which a unit owner is responsible and whether the
23current charges for the unit have been paid.
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(d) A copy of the executive summary required under s. 703.33 (1) (h).
Note: Requires an owner of a condominium unit who is transferring ownership of
the unit to include certain information in an addendum to the real estate condition report
pertaining to the condominium unit. The information must include the name of the
condominium and other identifying information; the condominium association and
management authority; and the amount of current condominium assessments, fees, and
other charges for which a unit owner is responsible and whether the current charges have
been paid. The addendum must also include a copy of the executive summary under s.
703.33 (1) (h), stats., as created in Sec. 47 of the bill, if an executive summary is required
under the initial applicability schedule set forth in Sec. 69 (11) of the bill.
SB412, s. 68
1Section
68
. 823.015 of the statutes is created to read:
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2823.015 Action against condominium association. If a city, village, town,
3or county may bring an action under this chapter to abate a nuisance and the failure
4of a condominium association under ch. 703 to perform its duties to maintain and
5control the common elements is a reason the nuisance has not been abated, the action
6may be brought against the condominium association whether it is incorporated or
7unincorporated.
Note: Allows a city, village, town, or county to proceed directly against a
condominium association in an action to abate a nuisance if the city, village, town, or
county may bring the abatement action under ch. 823 (nuisances) and the failure of the
condominium association to perform its duties to maintain and control the common
elements is a reason the nuisance has not been abated.
SB412,52,139
(1) The treatment of section 703.08 (2) (intro.) of the statutes, the renumbering
10and amendment of section 703.08 (1) of the statutes, and the creation of section
11703.08 (1) (a), (b), and (c) and (3) of the statutes first apply to notices to convert
12residential real property to a condominium that are delivered on the effective date
13of this subsection.
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(2) The treatment of section 703.09 (1) (k) of the statutes first applies to
15condominium declarations that are submitted for recording on the effective date of
16this subsection.
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1(2m)
The treatment of section 703.09 (2) and (4) of the statutes first applies to
2condominium declaration amendments that are submitted for recording on the
3effective date of this subsection.
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(3) The treatment of section 703.11 (2) (c) of the statutes first applies to plats,
5or amendments to plats, that are submitted for recording on the effective date of this
6subsection.
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(4) The treatment of section 703.11 (5) of the statutes first applies to addenda
8that are submitted for recording on the effective date of this subsection.
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(5) The treatment of section 703.13 (6) (c) and (d) of the statutes first applies
10to boundary relocations for which written application is made on the effective date
11of this subsection.
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(5m) The treatment of section 703.13 (8) of the statutes first applies to mergers
13for which notice is provided on the effective date of this subsection.
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(6) The renumbering of section 703.16 (2) of the statutes and the creation of
15section 703.16 (2) (b) of the statutes first applies to condominiums that are created
16on the effective date of this subsection.
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(6m) The treatment of section 703.19 (8) of the statutes first applies to
18condemnation proceedings commenced on the effective date of this subsection.
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(7)
The treatment of section 703.20 (3) of the statutes first applies to
20condominiums that are created on the effective date of this subsection.
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(8)
The treatment of section 703.24 of the statutes first applies to violations
22that are committed on the effective date of this subsection.
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(9) The treatment of section 703.265 of the statutes first applies with respect
24to revisions or adoptions of building codes or zoning ordinances that take effect on
25the effective date of this subsection.
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1(10) The treatment of section 703.315 of the statutes first applies to
2condominium rental agreements that are renewed or entered into, or periodic
3tenancies that are commenced, on the first day of the 4th month beginning after the
4effective date of this subsection.
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(11) The treatment of section 703.33 (1) (h), (1m), and (2) (intro.), (a) (form) 2.,
6and (b) (form) 1. and 1c. of the statutes first applies to all of the following:
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(a) With respect to condominiums that are created on or after the first day of
8the 6th month beginning after the effective date of this paragraph, to closings of sales
9of units that are scheduled to occur on the first day of the 6th month beginning after
10the effective date of this paragraph.
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(b) With respect to condominiums that are created before the first day of the
126th month beginning after the effective date of this paragraph, to closings of sales
13of units that are scheduled to occur on the first day of the 19th month beginning after
14the effective date of this paragraph.
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(11m) The treatment of section 703.33 (2) (a) (form) 3. and (c), (3), and (3c) of
16the statutes, the renumbering and amendment of section 703.33 (4) of the statutes,
17and the creation of section 703.33 (4) (b) and (c) of the statutes first apply to closings
18of sales of units that are scheduled to occur on the effective date of this subsection.
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(12) The renumbering of section 709.02 of the statues and the creation of
20section 709.02 (2) of the statutes first applies to contracts of sale or option contracts,
21with respect to condominium units, that are accepted on the effective date of this
22subsection.
SB412,55,2
1(1)
This act takes effect on the first day of the 7th month beginning after
2publication.