AB254: Bill Text

AB254,35,11 703.265 Addendum to plat to reflect changes in building codes or zoning ordinances. (1) If the revision or adoption of a building code or zoning ordinance prevents or substantially affects the construction of a unit or common elements as platted, the declarant may reasonably modify the condominium plat, by addendum, to the extent necessary to comply with the code or ordinance in order to construct the unit or common elements.

AB254,35,16 (2) If the revision or adoption of a building code or zoning ordinance prevents or substantially affects the reconstruction of a unit or common element as platted, the declarant, unit owner, or association, as appropriate, may reasonably modify the condominium plat, by addendum, to the extent necessary to comply with the code or ordinance in order to reconstruct the unit or common elements.

AB254,36,2 (3) An addendum made under this section shall be recorded as provided under s. 703.095.

Note: Allows for the amendment of a condominium plat if the revision or adoption of a building code or zoning ordinance prevents or substantially affects the construction or reconstruction of a unit or common elements (including limited common elements) as platted. If such a revision or adoption of a building code or zoning ordinance occurs, the declarant, unit owner, or association, as appropriate, may reasonably modify the condominium plat to the extent necessary to comply with the code or ordinance in order to construct or reconstruct the unit or common elements. An amendment under this section is not subject to s. 703.11 (5); see Sec. 19 of the bill.

AB254, s. 42 Section 42. 703.27 of the statutes is amended to read:

AB254,36,15 703.27 Zoning and building regulations. (1) A zoning or other land use ordinance or regulations may not prohibit the condominium form of ownership or impose any requirements upon a condominium which that it would not impose upon a physically identical if the development were under a different form of ownership. No provision of a state or local building code may be applied differently to a building in a condominium than it would be applied to a if the building of similar structure or occupancy were under a different form of ownership unless the different application is expressly permitted in that provision and the different application is reasonably related to the nature of condominium ownership. No subdivision ordinance may apply to any condominium unless the ordinance is, by its express terms, applicable to condominiums and the application is reasonably related to the nature of condominium ownership.

AB254,36,21 (2) No county, city, or other jurisdiction may enact any law, ordinance, or regulation which that would impose a greater burden or restriction on a condominium that is not imposed on all other property of similar character not subjected to a condominium declaration or provide a lower level of services to a condominium than would be imposed or provided if the condominium were under a different form of ownership.

Note: 1. Clarifies, with editorial changes, the prohibition on imposing requirements under zoning or other land use ordinances or regulations that discriminate against the condominium form of ownership.

2. Clarifies the prohibition on applying a provision of a state or local building code differently to a building in a condominium than it would be applied if the building were under a different form of ownership, unless the different application is expressly permitted by the building code. Further clarifies that if the different application is expressly permitted, it must be reasonably related to the nature of condominium ownership. Similarly, clarifies that no subdivision ordinance may apply to a condominium unless, as currently required, the ordinance is expressly applicable to condominiums and, as added by the bill, its application is reasonably related to the nature of condominium ownership.

3. Clarifies the prohibition against enactment of any law, ordinance or regulation that would impose a burden or restriction on a condominium that is not imposed on all other property of similar character not subjected to a condominium declaration to specify that the law, ordinance or regulation may not impose a "greater" burden or restriction and, additionally, may not provide a lower level of service to a condominium than would be imposed or provided if the condominium were under a different form of ownership.

AB254, s. 43 Section 43. 703.275 (1) of the statutes is amended to read:

AB254,37,11 703.275 (1) Agreement; legal effect. Any 2 or more condominiums, including 2 or more small condominiums or any combination of small condominiums and other condominiums, by agreement of the unit owners as provided in this section, may be merged or consolidated into a single condominium. Unless the agreement otherwise provides, the condominium resulting from a merger or consolidation is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets and liabilities of the preexisting associations. The resultant condominium must bear the name of one of the preexisting condominiums.

Note: Authorizes 2 or more small condominiums, or any combination of small condominiums and other condominiums, to merge, as provided under the current merger provision--s. 703.275, stats.

AB254, s. 44 Section 44. 703.275 (2) (intro.) (except 703.275 (2) (title)) of the statutes is renumbered 703.275 (2) (bc) (intro.).

AB254, s. 45 Section 45. 703.275 (2) (a) of the statutes is renumbered 703.275 (2) (bc) 1.

AB254, s. 46 Section 46 . 703.275 (2) (ac) of the statutes is created to read:

AB254,38,3 703.275 (2) (ac) In this subsection, "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.

Note: Relocates the defined term from the general definition section of ch. 703 (s. 703.02) to s. 703.275, the only provision within the chapter that uses the defined term.

AB254, s. 47 Section 47. 703.275 (2) (b) of the statutes is renumbered 703.275 (2) (bc) 2.

AB254, s. 48 Section 48. 703.315 of the statutes is created to read:

AB254,38,7 703.315 Lease or rental agreements for residential units. (1) Definitions. In this section:

AB254,38,10 (a) "Condominium rental agreement" means an agreement, whether oral or written, for the rental or lease of a residential condominium unit by the same tenant for a period of more than one month.

AB254,38,11 (b) "Tenant" means any of the following:

AB254,38,13 1. A person occupying or entitled to present or future occupancy of a residential condominium unit under a condominium rental agreement.

AB254,38,15 2. A periodic tenant, as defined in s. 704.01 (2), of a residential condominium unit that pays rent on a month-to-month or greater recurring interval of time.

AB254,38,17 (c) "Unit owner" means the owner of a unit that is rented or leased under a condominium rental agreement or by a periodic tenant.

AB254,39,2 (2) Agreement for compliance. Entering into a condominium rental agreement constitutes an agreement by the tenant, as a condition of the condominium rental agreement, to comply with this chapter, the rules and bylaws of the association, and the provisions of the declaration. Entitlement to occupancy of a unit as a periodic tenant, as described in sub. (1) (b) 2., constitutes an agreement by the periodic tenant, as a condition of the tenancy, to comply with this chapter, the rules and bylaws of the association, and the provisions of the declaration.

AB254,39,6 (3) Copy of written agreement to association. Within 5 business days after entering into or renewing a written condominium rental agreement, the unit owner shall provide a copy of the agreement to the association. The association shall keep a copy of any condominium rental agreement on file while the agreement is in effect.

AB254,39,8 (4) Contact of unit owner and tenant by association. The association may contact or give notice to the tenant or unit owner by:

AB254,39,10 (a) Making the contact or giving the notice by the means indicated by the tenant or unit owner in writing to the association.

AB254,39,13 (b) If par. (a) does not apply, by any method under s. 704.21 (1) (a) to (e), in the case of the tenant, or by any method under s. 704.21 (2) (a) to (d), in the case of the unit owner.

AB254,39,16 (5) Copy of condominium documents to tenant. Before a tenant occupies a unit, the unit owner shall provide a copy of the declaration and the association bylaws and rules to the tenant or place the information in the unit.

AB254,39,18 (6) Time share not covered. This section does not apply to a time-share unit governed under ch. 707.

Note: Provides a measure of regulation relating to agreements, whether oral or written, for the rental or lease of a residential condominium unit by the same tenant for a period of more than one month and to periodic tenancies with a recurring interval of time of one month or more.

Under sub. (2), a tenant who enters into a covered condominium rental agreement or who is entitled to occupancy under a covered periodic tenancy agrees to comply with ch. 703 (condominiums), the rules and bylaws of the association, and the provisions of the declaration. By making agreement to comply a matter of law, failure of a tenant to comply with the chapter, declaration, bylaws, or rules will trigger the provisions of ch. 704 (landlord and tenant) that relate to breach of a rental agreement or lease by a tenant.

Under sub. (3), if a written condominium rental agreement is entered into, the unit owner must provide a copy within five business days to the association. The association must keep a copy of the agreement on file while the agreement is in effect.

Subsection (4) provides a means of contacting or giving notice to a tenant or unit owner who is party to a covered condominium rental agreement or periodic tenancy. Contact or notice may be made or given by the means indicated by the tenant or unit owner in writing to the association or, if that does not apply, by any method currently provided under statutory landlord and tenant law for giving notice to a tenant or landlord.

Subsection (5) provides that a unit owner must provide a copy of the declaration and the association bylaws and rules to a covered tenant before the tenant occupies the unit or must place the information in the unit before the tenant occupies the unit.

Under sub. (6), the section expressly does not apply to a time-share unit governed under ch. 707. The inclusion of sub. (6) is not intended to affect or raise any inference concerning the meaning of current s. 707.09, stats., relating to the relationship of ch. 703, condominiums, and ch. 707, time shares.

Section 703.315, as created by this Section, first applies to condominium rental agreements renewed or entered into approximately 3 months after the effective date of the bill. See Sec. 69 (10) of the bill.

AB254, s. 49 Section 49 . 703.33 (1) (h) of the statutes is created to read:

AB254,40,4 703.33 (1) (h) An executive summary setting forth in clear plain language the following information or location within the disclosure materials described in pars. (a) to (g) where the information may be found:

AB254,40,5 1. `Condominium identification.' The name of the condominium.

AB254,40,8 2. `Expansion plans.' A description of the declarant's expansion plan for the condominium and deadline for implementation and the identity of the condominium management during the expansion period.

AB254,40,12 3. `Governance.' The name and address of the condominium association; whether the association is self-managed or has hired or retained management; and the name, address, and telephone number of the individual or individuals who may be contacted regarding the condominium in general.

AB254,40,15 4. `Special amenities.' A description of any special amenities, such as an athletic club or golf course, and a statement of the obligation of a unit owner to join or support the amenity.

AB254,40,17 5. `Maintenance and repair of units.' A description of an owner's responsibilities for the repair and maintenance of the unit.

AB254,41,4 6. `Maintenance, repair, and replacement of common elements.' The identity of the person responsible for the maintenance, repair, and replacement of common elements and limited common elements and whether repairs or replacements will be funded from unit owner assessments, reserve funds, or both.

AB254,41,6 7. `Rental of units.' Whether unit owners may rent their units and any restrictions on rentals.

AB254,41,9 8. `Unit alterations.' A description of any rules, restrictions, or procedures governing a unit owner's authority to alter the unit or use or enclose limited common elements.

AB254,41,10 9. `Parking.' A description of the availability, restrictions, and costs of parking.

AB254,41,11 10. `Pets.' A description of rules relating to unit owners' pets.

AB254,41,14 11. `Reserves.' Whether the association maintains reserves for repairs and replacement of common elements beyond routine maintenance and, if so, whether a statutory reserve account under s. 703.163 is maintained.

AB254,41,16 12. `Other restrictions or features.' At the option of the declarant or association a description of other restrictions or features of the condominium.

Note: Sections 47 to 49 require an executive summary highlighting important disclosure items to be included as the first document, following the index, in the disclosure materials that must be furnished by a seller of a condominium unit to a buyer. The executive summary is prepared and revised by the declarant or association, whichever is in control of the condominium. The executive summary must contain the following information, or indicate where the information may be found in the disclosure materials:

1. The name of the condominium.

2. A description of the declarant's expansion plans for the condominium, if any, and deadline for implementation.

3. Information identifying the condominium association and management authority and the individual who may be contacted regarding the condominium.

4. A description of special amenities such as an athletic club or golf course and the obligation of an owner to join or support the amenity.

5. A description of an owner's responsibilities relating to the repair and maintenance of the unit.

6. The identity of the person responsible for the maintenance, repair, and replacement of common elements and limited common elements and whether the repair or replacement will be funded from unit owner assessments or reserve funds.

7. Whether unit owners may rent their units and any restrictions on rentals.

8. A description of any rules, restrictions, or procedures governing a unit owner's authority to alter the unit or use or enclose limited common elements.

9. A description of the availability, restrictions, and costs of parking.

10. A description of rules relating to unit owners' pets.

11. Whether reserves are maintained by the association and, if so, whether a statutory reserve account is maintained.

12. At the option of the declarant or association of unit owners, a description of other restrictions or features of the condominium.

See Sec. 69 (11) for the delayed applicability of the executive summary requirement.

AB254, s. 50 Section 50. 703.33 (1m) of the statutes is created to read:

AB254,42,7 703.33 (1m) Preparation of executive summary. The executive summary under sub. (1) (h) shall be prepared, and subsequently revised whenever a change is made in the disclosure materials described in sub. (1) (a) to (g) that requires a revision of a statement in the summary, by the declarant or the association, whichever is in control of the condominium when the executive summary is prepared or revised.

Note: Imposes an obligation on the declarant or association to prepare the executive summary and to revise it consistent with changes in the required disclosure materials.

AB254, s. 51 Section 51 . 703.33 (2) (intro.) of the statutes is amended to read:

AB254,42,14 703.33 (2) Disclosure form. (intro.) The materials required in sub. (1) shall be delivered to a prospective purchaser with cover sheet, index, and tables of contents as prescribed in this section. A cover sheet and index shall precede all other materials required in sub. (1). The executive summary required under sub. (1) (h) shall appear immediately following the index. A table of contents shall precede the section to which it applies.

Note: Specifies the location of the executive summary: immediately following the index at the beginning of the disclosure materials.

AB254, s. 52 Section 52. 703.33 (2) (a) (form) 2. of the statutes is amended to read:

AB254,43,5 703.33 (2) (a) (form) 2. THESE DISCLOSURE MATERIALS GIVEN TO YOU AS REQUIRED BY LAW MAY, WITH THE EXCEPTION OF THE EXECUTIVE SUMMARY, BE RELIED UPON AS CORRECT AND BINDING. FOR A COMPLETE UNDERSTANDING OF THE EXECUTIVE SUMMARY, CONSULT THE DISCLOSURE DOCUMENTS TO WHICH A PARTICULAR EXECUTIVE SUMMARY STATEMENT PERTAINS. ORAL STATEMENTS MAY NOT BE LEGALLY BINDING.

AB254, s. 53 Section 53. 703.33 (2) (a) (form) 3. of the statutes is amended to read:

AB254,43,19 703.33 (2) (a) (form) 3. YOU MAY AT ANY TIME WITHIN 5 BUSINESS DAYS FOLLOWING RECEIPT OF THESE DOCUMENTS, OR FOLLOWING NOTICE OF ANY MATERIAL CHANGES IN THESE DOCUMENTS, CANCEL IN WRITING THE CONTRACT OF SALE AND RECEIVE A FULL REFUND OF ANY DEPOSITS MADE. IF THE SELLER DELIVERS LESS THAN ALL OF THE DOCUMENTS REQUIRED, YOU MAY, WITHIN 5 BUSINESS DAYS FOLLOWING RECEIPT OF THE DOCUMENTS, DELIVER A REQUEST FOR ANY MISSING DOCUMENTS. IF YOU TIMELY DELIVER A REQUEST FOR MISSING DOCUMENTS, YOU MAY, AT ANY TIME WITHIN 5 BUSINESS DAYS FOLLOWING THE EARLIER OF EITHER THE RECEIPT OF THE REQUESTED DOCUMENTS OR THE SELLER'S DEADLINE TO DELIVER THE REQUESTED DOCUMENTS, CANCEL IN WRITING THE CONTRACT OF SALE AND RECEIVE A FULL REFUND OF ANY DEPOSITS MADE.

Note: Sections 50 and 51 revise 2 of the disclosure statements that must appear in bold face type and capital letters on the cover sheet of the disclosure form given to a prospective purchaser of a condominium unit to indicate: (1) that the executive summary (when required; see Sec. 69 (11) of the bill) may not be relied upon as correct and binding and that the purchaser should consult the disclosure documents to which a particular executive summary statement pertains; and (2) that a buyer may request missing disclosure documents within 5 business days following receipt of the other documents and that, if a request is made, the 5-day cancellation period does not start to run until the earlier of the receipt of any missing documents that have been requested by the purchaser or the seller's deadline for delivery of the missing documents. (See Secs. 56 and 58 of the bill.)

AB254, s. 54 Section 54. 703.33 (2) (b) (form) 1. of the statutes is renumbered 703.33 (2) (b) (form) 1m.

AB254, s. 55 Section 55. 703.33 (2) (b) (form) 1c. of the statutes is created to read:

AB254,44,6 703.33 (2) (b) (form) 1c. Executive summary. The executive summary highlights for a buyer of a condominium unit essential information regarding the condominium. The executive summary begins on page . . . .

Note: Places the executive summary required under this bill first in the list of items included in the index of disclosure materials that follows the cover sheet to the disclosure materials.

AB254, s. 56 Section 56. 703.33 (2) (c) of the statutes is amended to read:

AB254,44,22 703.33 (2) (c) Tables of contents and page numbers. In addition to an index required by par. (b), there shall be provided tables of contents for the declaration, and bylaws and articles of incorporation which shall identify shall be provided, identifying each section of these documents and provide providing a page number for each section. Each section of disclosure material required in sub. (1) shall, on the first page of that material, identify contents of that section but, with an the exception of the declaration, and bylaws and articles of incorporation, shall, is not be required to have a table of contents. Each page of disclosure materials shall contain a page number sufficient to identify it within the body of disclosure materials. Page numbers for the declaration, bylaws and articles of incorporation required in par. (b) shall be the first page of the table of contents for that section. All other page numbers required in the index shall refer to the first page of that section on which the title appears Each section of disclosure material shall be separately identified by a letter, tab, or number. Pages within each section shall be consecutively numbered with an indication of the section as part of the pagination.

Note: Clarifies that the entire body of disclosure materials furnished to purchasers of residential units need not be consecutively paginated by providing that the consecutive pagination requirement only applies to each section within the body of disclosure materials. Removes the requirement of a table of contents for the articles of incorporation. Also makes editorial changes.

AB254, s. 57 Section 57. 703.33 (3) of the statutes is renumbered 703.33 (3m).

AB254, s. 58 Section 58 . 703.33 (3c) of the statutes is created to read:

AB254,45,11 703.33 (3c) Delivery of incomplete set of disclosure materials. If the seller delivers disclosure materials that include the cover sheet required in sub. (2) (a), but that do not include all of the documents required under sub. (1), the purchaser may, within 5 business days from receipt of the disclosure materials, request any documents that were required to be delivered under sub. (1), but that were not timely delivered. If no executive summary required under subs. (1) (h) and (1m) has been prepared, the seller may so inform the purchaser when the seller delivers the disclosure materials to the seller. The seller has 5 business days following receipt of the purchaser's request to deliver the requested documents to the purchaser.