The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB647, s. 1
1Section
1. 703.02 (5) of the statutes is amended to read:
AB647,7,42
703.02
(5) "Condominium instruments" mean the declaration, plats
, and plans
3of a condominium
, as amended from time to time, together with any attached
4exhibits or schedules.
AB647, s. 2
5Section
2. 703.02 (6) of the statutes is amended to read:
AB647,7,106
703.02
(6) "Conversion condominium" means
property that includes a
7structure
which that, before the recording of a condominium declaration, was wholly
8or partially occupied by persons other than those who have contracted for the
9purchase of condominium units and those who occupy with the consent of the
10purchasers.
AB647, s. 3
11Section
3. 703.02 (6m) of the statutes is amended to read:
AB647,7,1612
703.02
(6m) "Correction instrument" means an instrument drafted by a
13licensed land surveyor that complies with the requirements of s. 59.43 (2m) and that,
14upon recording, corrects an error in a condominium plat
or updates a condominium
15plat for changes that do not require an addendum. "Correction instrument" does not
16include an instrument of conveyance.
AB647, s. 4
17Section
4. 703.02 (9c) of the statutes is created to read:
AB647,7,1918
703.02
(9c) "First mortgage" includes a security interest that is equivalent to
19a first mortgage.
AB647, s. 5
20Section
5. 703.02 (9d) of the statutes is created to read:
AB647,8,2
1703.02
(9d) "First mortgagee" includes a holder of a security interest that is
2equivalent to a first mortgage.
AB647, s. 6
3Section
6. 703.02 (12) of the statutes is amended to read:
AB647,8,74
703.02
(12) "Mortgagee" means the holder of any recorded mortgage
5encumbering one or more units or a land contract vendor
and, for purposes of
6receiving notices or giving approvals, includes the party servicing the mortgage or
7land contract.
AB647, s. 7
8Section
7. 703.02 (14g) of the statutes is amended to read:
AB647,8,129
703.02
(14g) "Removal instrument" means an instrument that complies with
10the requirements of s. 59.43 (2m) and that removes property
, either all or a portion
11of a condominium, from the provisions of this chapter upon recording. "Removal
12instrument" does not include an instrument of conveyance.
AB647, s. 8
13Section
8. 703.02 (15) of the statutes is amended to read:
AB647,8,1814
703.02
(15) "Unit" means a part of a condominium intended for any type of
15independent use, including one or more cubicles of air at one or more levels of space
16or one or more rooms or enclosed spaces located on one or more floors, or parts thereof,
17in a building. A unit may
be of any size, may be for any use, and may include 2 or
18more noncontiguous areas.
AB647, s. 9
19Section
9. 703.02 (16) of the statutes is amended to read:
AB647,8,2120
703.02
(16) "Unit number" means the number
identifying designating a unit
21in a declaration.
AB647, s. 10
22Section
10. 703.03 of the statutes is amended to read:
AB647,9,2
23703.03 Application of chapter. This chapter applies only to property, a sole
24owner or all of the owners
, and any first mortgagee, of which submit the property to
1the provisions of this chapter by duly executing and recording a declaration
and plat 2as provided in this chapter.
AB647, s. 11
3Section
11. 703.04 of the statutes is amended to read:
AB647,9,6
4703.04 Status of the units. A unit, together with its undivided interest in the
5common elements
and its other appurtenant interests, for all purposes constitutes
6real property.
AB647, s. 12
7Section
12. 703.05 of the statutes is amended to read:
AB647,9,10
8703.05 Ownership of units. A unit owner is entitled to the exclusive
9ownership and possession of his or her unit
and to the exercise of the rights
10appurtenant to it.
AB647, s. 13
11Section
13. 703.06 of the statutes is amended to read:
AB647,9,18
12703.06 Alterations prohibited. Except as otherwise provided in this
13chapter,
the declaration, or the bylaws, or any rules promulgated under any of them, 14no unit owner may make any alteration that would jeopardize the soundness or
15safety of the property,
interfere with the condition or operation of the mechanical
16systems affecting property that is not a part of the unit, reduce the value
thereof of
17the property, impair any easement or hereditament, or change the exterior
18appearance of a unit or any other portion of the condominium not part of the unit.
AB647, s. 14
19Section
14. 703.07 (2) of the statutes is amended to read:
AB647,9,2520
703.07
(2) A condominium instrument,
and all amendments, addenda and
21certifications of any amendment or addendum to a condominium instrument,
and
22any certification or statement relating to the condominium that must be recorded 23shall be recorded in every county in which any portion of the condominium is located,
24and shall be indexed in the name of the declarant and the name of the condominium.
25Subsequent instruments affecting the title to a unit
which that is physically located
1entirely within a single county shall be recorded only in that county, notwithstanding
2the fact that the common elements are not physically located entirely within that
3county. Subsequent amendments and addenda shall be indexed under the name of
4the condominium.
AB647, s. 15
5Section
15. 703.08 (1) (intro.) of the statutes is amended to read:
AB647,10,136
703.08
(1) (intro.) Residential real property may not be converted to a
7condominium unless the owner of the residential real property gives prior written
8notice of the conversion to each of the
residential tenants of the
building or buildings
9scheduled for conversion structure or structures that are part of the property being
10converted. During the 60-day period immediately following the date of delivery of
11the notice a
residential tenant has the first right to purchase the unit
in which the
12tenant resides, if the unit is offered for sale at any time during that period, for any
13of the following:
AB647, s. 16
14Section
16. 703.08 (2) (intro.) of the statutes is amended to read:
AB647,10,1715
703.08
(2) (intro.) A
residential tenant may not be required to vacate the
16property during the 120-day period immediately following the date of delivery of the
17notice required under sub. (1) except for:
AB647, s. 17
18Section
17. 703.08 (3) of the statutes is amended to read:
AB647,10,2119
703.08
(3) A
residential tenant may waive in writing his or her first right of
20purchase under sub. (1), his or her right to remain on the property under sub. (2), or
21both.
AB647, s. 18
22Section
18. 703.09 (1c) of the statutes is amended to read:
AB647,11,223
703.09
(1c) A condominium declaration shall be signed by the owners of the
24property and
by or on behalf of any first mortgagee of the property
or the holder of
1an equivalent security interest in the property in the same manner as required in
2conveyances of real property.
AB647, s. 19
3Section
19. 703.09 (2) of the statutes is amended to read:
AB647,11,164
703.09
(2) Except as
otherwise provided in
sub. (4) and ss. 703.093, 703.13 (6)
5(c) and (d) and (8) (b), and 703.26 this chapter, a condominium declaration may be
6amended with the written consent of at least two-thirds of the aggregate of the votes
7established under sub. (1) (f) or a greater percentage if provided in the declaration.
8An amendment becomes effective when it is recorded in the same manner as the
9declaration. The document submitting the amendment for recording shall state that
10the required consents and approvals for the amendment were received. A unit
11owner's written consent is not effective unless it is approved in writing by the first
12mortgagee of the unit,
or the holder of an equivalent security interest, if any.
13Approval from the first mortgage lender
or equivalent security interest holder, or the
14person servicing the first mortgage loan
or its equivalent on a unit, constitutes
15approval of the first mortgagee
or equivalent security interest holder under this
16subsection.
AB647, s. 20
17Section
20. 703.09 (3) (bm) of the statutes is created to read:
AB647,11,1918
703.09
(3) (bm) Any action to recover compensation under par. (a) shall be
19commenced no later than one year after the amendment is recorded or be barred.
AB647, s. 21
20Section
21. 703.10 (1) of the statutes is amended to read:
AB647,12,421
703.10
(1) Bylaws to govern administration. The administration of every
22condominium shall be governed by bylaws. Every unit owner
and occupant shall
23comply strictly with the bylaws and with the rules adopted under the bylaws, as the
24bylaws or rules are amended from time to time, and with the covenants, conditions
, 25and restrictions set forth in the declaration or in the deed to the unit. Failure to
1comply with any of the bylaws, rules, covenants, conditions
, or restrictions is grounds
2for action to recover sums due, for damages or injunctive relief or both
, maintainable
3by the association or, in a proper case, by an aggrieved unit owner
, or for enforcement
4under s. 703.24.
AB647, s. 22
5Section
22. 703.10 (2) (d) of the statutes is amended to read:
AB647,12,136
703.10
(2) (d) The election by the unit owners of a board of directors of whom
,
7except during the period of declarant control, not more than one is a nonunit owner
,; 8the number of persons constituting the
same and board of directors; that the terms
9of
at least one-third of the
elected directors
shall expire annually, may not exceed 3
10years but that a director may be reelected for successive terms; the powers and duties
11of the board
,; the compensation, if any, of the directors
,; the method of removal from
12office of directors
; and whether or not the board may engage the services of a manager
13or managing agent.
AB647, s. 23
14Section
23. 703.10 (2) (f) of the statutes is amended to read:
AB647,12,1615
703.10
(2) (f) The manner of borrowing money and acquiring and conveying
16property
, if the association is to have these powers.
AB647, s. 24
17Section
24. 703.10 (4) of the statutes is amended to read:
AB647,12,2218
703.10
(4) Prohibiting voting by certain unit owners. The bylaws may contain
19a provision prohibiting any unit owner from voting at a meeting of the association
20if the association has
recorded filed a statement of condominium lien on the person's
21unit and the amount necessary to release the lien has not been paid at the time of
22the meeting.
AB647, s. 25
23Section
25. 703.10 (6) of the statutes is amended to read:
AB647,13,324
703.10
(6) Title to condominium units unaffected by condominium
25instruments or bylaws. Title to a condominium unit is not rendered unmarketable
1or otherwise affected by any provision of the bylaws because the unit is subject to the
2terms of a declaration, a condominium plat, bylaws, or rules, or by reason of any
3failure of the bylaws to comply with the provisions of this chapter.
AB647, s. 26
4Section
26. 703.105 (1m) of the statutes is amended to read:
AB647,13,85
703.105
(1m) No bylaw or rule may be adopted or provision included in a
6declaration or deed that prohibits a unit owner from displaying in his or her
7condominium unit a sign that supports or opposes a candidate for public office or a
8referendum question.
AB647, s. 27
9Section
27. 703.105 (2) of the statutes is amended to read:
AB647,13,1310
703.105
(2) Notwithstanding subs. (1) and (1m), bylaws or rules may be
11adopted that regulate the size and location of signs, flags
, and flagpoles
, including
12limiting their display to those parts of the condominium that the unit owner has the
13exclusive right to use.
AB647, s. 28
14Section
28. 703.115 (1) of the statutes is renumbered 703.115 (1m), and
15703.115 (1m) (a) and (b), as renumbered, are amended to read:
AB647,13,1916
703.115
(1m) (a) Requires the review to be completed within 10 working days
17after submission of the condominium instrument and provides that, if the review is
18not completed within this period, the condominium instrument is approved for
19recording
without certification of review or approval or the signature of the reviewer.
AB647,13,2320
(b) Provides that a condominium instrument may be rejected only if it fails to
21comply with the applicable requirements of ss. 703.095, 703.11 (2) (a), (c)
, and (d) and
22(3), 703.275 (5)
, and 703.28
(1m) or if the surveyor's certificate under s. 703.11 (4) is
23not attached to or included in the condominium plat.
AB647, s. 29
24Section
29. 703.115 (1c) of the statutes is created to read:
AB647,14,2
1703.115
(1c) (a) In this section, "condominium instrument" includes a
2correction instrument and a removal instrument.
AB647, s. 30
3Section
30. 703.12 of the statutes is amended to read:
AB647,14,11
4703.12 Description of units. A description in any deed or other instrument
5affecting title to any unit
which that makes reference to the
letter or number or other
6appropriate unit designation on the condominium plat together with a reference to
7the condominium instruments shall be a good and sufficient description for all
8purposes.
Whenever a parcel identification number is required for any purpose, the
9designation of all units in the condominium may be shown by the parcel number or
10numbers of the property submitted to the provisions of this chapter to create the
11condominium.
AB647, s. 31
12Section
31. 703.13 (2) of the statutes is amended to read:
AB647,14,1413
703.13
(2) Rights to common surpluses. Common surpluses shall be
disbursed 14used or allocated as provided under s. 703.16 (1).
AB647, s. 32
15Section
32. 703.13 (4) of the statutes is renumbered 703.13 (4) (a) and
16amended to read:
AB647,15,217
703.13
(4) (a)
The Except as provided in this chapter, the undivided percentage
18interests
shall have a permanent character and, except as specifically provided by
19this chapter, in the common elements established in the declaration may not be
20changed without the written consent of all of the unit owners
of every unit in the
21condominium and
their mortgagees. Any change shall be evidenced by an
22amendment to the declaration and recorded among the appropriate land records the
23approval of the first mortgagee of each unit subject to a mortgage. The percentage
24interests may not be separated from the unit to which they appertain. Any
25instrument, matter, circumstance,
action, occurrence
, or proceeding
in any manner
1affecting a unit
also shall affect, in like manner, the
undivided percentage interests
2appurtenant to the unit.
AB647, s. 33
3Section
33. 703.13 (4) (b) of the statutes is created to read:
AB647,15,84
703.13
(4) (b) Except for the total destruction of the condominium, in the event
5that one or more units of a condominium are destroyed and not rebuilt, or in the event
6that one or more units are removed from the condominium, the percentage interests
7in the common elements shall be adjusted to maintain the same ratio of those
8interests among the remaining units.
AB647, s. 34
9Section
34. 703.13 (4) (c) of the statutes is created to read:
AB647,15,1810
703.13
(4) (c) If a condominium plat depicts a building as containing a specified
11number of units but the building is constructed in such a manner as to physically
12preclude the building from containing the full number of units shown on the plat, the
13declaration may be amended as provided in s. 703.09 (2) to remove the excess units
14from the condominium. The percentage interests appertaining to the excess units
15shall be added on a pro rata basis to the percentage interests appertaining to the
16remaining units. Amendments enacted under this paragraph shall specify the new
17percentage interests for all of the remaining units, which percentage interests
18collectively shall total 100 percent.
AB647, s. 35
19Section
35. 703.13 (4) (d) of the statutes is created to read:
AB647,15,2220
703.13
(4) (d) Any change to the undivided percentage interests in the common
21elements must be evidenced by amending the declaration in the manner provided in
22s. 703.09 (2).
AB647, s. 36
23Section
36. 703.13 (4) (e) of the statutes is created to read:
AB647,15,2524
703.13
(4) (e) Section 703.09 (3) does not apply to any amendment made to a
25declaration under this subsection.
AB647, s. 37
1Section
37. 703.13 (5) (a) of the statutes is amended to read:
AB647,16,112
703.13
(5) (a) A unit owner may make any improvements or alterations within
3his or her unit that do not impair the structural integrity or lessen the support of any
4portion of the condominium
or interfere with the condition or operation of the
5mechanical systems affecting property that is not a part of the unit and that do not
6create a nuisance substantially affecting the use and enjoyment of other units or the
7common elements. A unit owner may not change the exterior appearance of a unit
8or of any other portion of the condominium without permission of the board of
9directors of the association.
A unit owner making alterations within his or her unit
10that involve changing the configuration of rooms within the unit shall file plans with
11the association showing the reconfiguration.
AB647, s. 38
12Section
38. 703.13 (5) (b) of the statutes is amended to read:
AB647,16,2113
703.13
(5) (b) Except to the extent prohibited by the condominium instruments,
14and subject to any restrictions and limitation specified therein, a unit owner
15acquiring an adjoining or adjoining part of an adjoining unit, may remove all or any
16part of any intervening partition or create doorways or other apertures therein, even
17if the partition may in whole or in part be a common element, if those acts do not
18impair the structural integrity or lessen the support of any portion of the
19condominium
or interfere with the condition or operation of the mechanical systems
20affecting property that is not a part of the unit. The creation of doorways or other
21apertures is not deemed an alteration of boundaries.
AB647, s. 39
22Section
39. 703.13 (5m) (a) 3. of the statutes is amended to read:
AB647,16,2523
703.13
(5m) (a) 3. The improvement will not impair the structural integrity of
24the condominium
or interfere with the condition or operation of the mechanical
25systems affecting property that is not a part of the unit.
AB647, s. 40
1Section
40. 703.13 (5m) (b) of the statutes is amended to read:
AB647,17,72
703.13
(5m) (b) All costs and expenses of an improvement under this
3subsection and any increased costs of maintenance and repair of the limited common
4elements resulting from the improvement
, as determined by the association, are the
5obligation of the unit owner. The unit owner shall protect the association and other
6unit owners from liens on property of the association or of other unit owners that
7otherwise might result from the improvement.
AB647, s. 41
8Section
41. 703.13 (6) (b) of the statutes is amended to read:
AB647,17,149
703.13
(6) (b) If any unit owners of adjoining units whose mutual boundaries
10may be relocated desire to relocate those boundaries, the
principal officer of the unit
11owners association, upon written application from those unit owners
, and after
12determining that the relocation does not violate the condominium instruments and
13providing 30 days' written notice to all other unit owners, shall prepare and execute
14appropriate instruments.
AB647, s. 42
15Section
42. 703.13 (6) (c) of the statutes is amended to read:
AB647,18,316
703.13
(6) (c) An amendment to a declaration shall identify the units involved
17and shall state that the boundaries between those units are being relocated by
18agreement of the
unit owners
thereof
of those units. The amendment shall contain
19words of conveyance between those unit owners, and when recorded shall also be
20indexed in the name of the grantor and grantee. If the adjoining unit owners have
21specified in their written application the reallocation between their units of the
22aggregate undivided interest in the common elements appertaining to those units,
23the amendment to the declaration shall reflect that reallocation. An amendment to
24a declaration under this paragraph shall be adopted, at the option of the adjoining
25unit owners, either under s. 703.09 (2) or by the written consent of the owners of the
1adjoining units involved and the
written consent by or on behalf of the first 2mortgagees of the adjoining units
, which amendment shall constitute a conveyance
3between the unit owners of the affected part or parts of the unit or units.
AB647, s. 43
4Section
43. 703.13 (6) (e) of the statutes is amended to read:
AB647,18,95
703.13
(6) (e) Plats and plans showing the altered boundaries and the
6dimensions thereof between adjoining units, and their
identifying numbers or letters 7designations, shall be prepared. The plats and plans shall be certified as to their
8accuracy in compliance with this subsection by a civil engineer, architect
, or licensed
9land surveyor authorized to practice his or her profession in the state.
AB647, s. 44
10Section
44. 703.13 (7) (b) of the statutes is renumbered 703.13 (7) (b) 2. and
11amended to read: