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.
703.093 Alternative procedure for amending declaration.
703.095 Modification and correction of recorded condominium instruments, amendments and addenda.
703.105 Display of the United States flag and political signs.
703.115 Local review of condominium instruments.
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.
703.163 Statutory reserve account.
703.165 Lien for unpaid common expenses, unpaid damages, and unpaid penalties.
703.18 Repair or reconstruction.
703.195 Acquisition of common elements by condemnors.
703.20 Books of receipts and expenditures.
703.21 Separate taxation.
703.22 Mechanics' and suppliers' liens.
703.23 Resident agent; exemption of unit owners from liability.
703.24 Remedies for violations by unit owner or tenant of a unit owner.
703.25 Tort and contract liability.
703.26 Expanding condominiums.
703.265 Addendum to plat to reflect changes in building codes or zoning ordinances.
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.
703.315 Lease or rental agreements for residential units.
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 condominiums.
703.38 Applicability to existing condominiums.
Ch. 703 Note
NOTE: 2003 Wis. Act 283, which affected this chapter, contains extensive explanatory notes.
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.
703.01 Annotation
Wisconsin's Revised Condominium Ownership Act. Hinkston. Wis. Law. Sept. 2004.
703.02
703.02
Definitions. In this chapter, unless the context requires otherwise:
703.02(1b)
(1b) "Addendum" means a condominium instrument that modifies a recorded condominium plat.
703.02(1h)
(1h) "Amendment" means a condominium instrument that modifies a recorded condominium declaration.
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(6m)
(6m) "Correction instrument" means an instrument drafted by a licensed land surveyor that complies with the requirements of
s. 59.43 (2m) and that, upon recording, corrects an error in a condominium plat. "Correction instrument" does not include an instrument of conveyance.
703.02(7)
(7) "Declarant" means any owner who subjects his or her property to a condominium declaration established under this chapter. The term includes an assignee of the declarant under
s. 703.09 (4).
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 element" means a common element 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(14g)
(14g) "Removal instrument" means an instrument that complies with the requirements of
s. 59.43 (2m) and that removes property from the provisions of this chapter upon recording. "Removal instrument" does not include an instrument of conveyance.
703.02(14m)
(14m) "Small condominium" means a condominium with no more than 12 units.
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 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 Note
NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
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 Wis. 2d 575,
535 N.W.2d 74 (Ct. App. 1995).
703.02 Annotation
Small lock boxes were not "intended for any type of independent use" within the meaning of "unit" under sub. (15). Because there are no valid units, there could be no valid condominium units, and the conveyance of riparian rights to docks attempted to be transferred as common elements were not valid. ABKA Limited Partnership v. DNR, 2002 WI 106,
255 Wis. 2d 486,
648 N.W.2d 854,
99-2306.