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:
AB647,18,2512
703.13
(7) (b) 2. The
principal officer of the association, upon written
13application of a person proposing the separation of a unit (separator)
, and after
14determining that the separation does not violate the condominium instruments and
15providing 30 days' written notice to all other unit owners
, shall promptly prepare and
16execute appropriate instruments under this
subsection
paragraph. An amendment
17to the condominium instruments shall assign a new
identifying number designation 18to each new unit created by the separation of a unit,
except that one of the new units
19may retain the original designation of the separated unit. The amendment shall
20allocate to those
new units, on a reasonable basis acceptable to the separator and the
21executive board
, all of the undivided interest in the common
element elements and
22rights to use the limited common elements and the votes in the association formerly
23appertaining to the separated unit. The amendment shall reflect a proportionate
24allocation to the new units of the liability for common expenses and rights to common
25surpluses formerly appertaining to the subdivided unit.
AB647, s. 45
1Section
45. 703.13 (7) (b) 1. of the statutes is created to read:
AB647,19,52
703.13
(7) (b) 1. This paragraph applies when the effect of the separation is to
3create 2 or more units of the existing condominium and the resulting interests will
4not be subject to organizational or operating documents other those of the existing
5condominium.
AB647, s. 46
6Section
46. 703.13 (7) (c) of the statutes is renumbered 703.13 (7) (b) 3. and
7amended to read:
AB647,19,148
703.13
(7) (b) 3. Plats and plans showing the boundaries and dimensions
9separating of the new units
together with their other boundaries and their new
10identifying numbers or letters, including the boundary separating them, together
11with their new designations, shall be prepared. The plats and plans shall be certified
12as to their accuracy and compliance with this
subsection paragraph by a civil
13engineer, architect
, or licensed land surveyor authorized to practice his or her
14profession in the state.
AB647, s. 47
15Section
47. 703.13 (7) (cm) of the statutes is created to read:
AB647,19,1916
703.13
(7) (cm) 1. This paragraph applies when the effect of the separation
17involves the creation of 2 or more ownership interests in the unit that are subject to
18organizational or operating documents in addition to those of the existing
19condominium.
AB647,19,2020
2. If the interests are based on time intervals, ch. 707 applies.
AB647,19,2421
3. If permitted in the declaration, a condominium unit itself may be subjected
22to the condominium form of ownership in accordance with this paragraph and any
23restrictions and limitations that the condominium instruments may specify. In that
24case, all of the following apply:
AB647,20,2
1a. The unit subjected to the condominium form of ownership shall be considered
2to be property.
AB647,20,53
b. The unit subjected to the condominium form of ownership shall remain a unit
4in the original condominium and shall continue to be subject to the condominium
5instruments for the the original condominium.
AB647,20,86
c. The association of the new condominium shall have all rights and obligations
7of the unit owner of the unit in the original condominium from which the new
8condominium is created.
AB647,20,109
d. All assessments and other expenses chargeable to the unit from which the
10new condominium is created shall be common expenses of the new condominium.
AB647,20,1311
e. Upon the creation of separate tax parcels under s. 703.21 for the units in the
12newly created condominium, the unit subjected to the condominium form of
13ownership shall cease to be a separate tax parcel under s. 703.21.
AB647,20,1514
f. Creation of the new condominium shall not require the unit from which the
15new condominium is created to be removed from the provisions of this chapter.
AB647,20,1916
4. If permitted in the declaration, a condominium unit may be the property
17upon which another ownership entity is based if the organizational and operating
18documents are legally sufficient to create the proposed interests and any entity
19involved.
AB647, s. 48
20Section
48. 703.13 (7) (d) of the statutes is renumbered 703.13 (7) (b) 4. and
21amended to read:
AB647,21,322
703.13
(7) (b) 4. After appropriate instruments have been prepared and
23executed, they shall be delivered promptly to the separator upon payment by him or
24her of all reasonable cost for their preparation. Those instruments are effective when
25the separator has executed them and they are recorded. The recording of the
1instruments is conclusive evidence that the separation did not violate any
2restrictions or limitation specified by the condominium instruments and that any
3reallocations made under this
subsection paragraph were reasonable.
AB647, s. 49
4Section
49. 703.13 (7) (dm) of the statutes is created to read:
AB647,21,65
703.13
(7) (dm) All interests created in connection with the separation of a unit
6remain subject to the condominium instruments and association documents.
AB647, s. 50
7Section
50. 703.13 (8) (b) of the statutes is amended to read:
AB647,21,238
703.13
(8) (b) If the unit owners of adjoining units that may be merged desire
9to merge the units
and the association determines that the merger does not violate
10the condominium instruments, the unit owners, after
providing 30 days' written
11notice to all other unit owners, shall prepare and execute appropriate instruments
12under this subsection. An amendment to the condominium instruments shall assign
13a new
identifying number designation to the new unit created by the merger of the
14units
, which designation may be the original designation of one of the merged units, 15and shall allocate to the new unit all of the undivided interest in the common
16elements and rights to use the limited common elements and the votes in the
17association formerly appertaining to the separate units. The amendment shall
18reflect an allocation to the new unit of the liability for common expenses and rights
19to common surpluses formerly appertaining to the separate units. An amendment
20to a declaration under this paragraph shall be adopted either under s. 703.09 (2) or
21by the written consent of the owners of the units to be merged, the
written consent
22by or on behalf of the first mortgagees of those units, if any, and the
written consent
23of the board of directors of the association.
AB647, s. 51
24Section
51. 703.13 (8) (c) of the statutes is amended to read:
AB647,22,5
1703.13
(8) (c) Plats and plans showing the boundaries and dimensions of the
2new unit
, together with the new
identifying number or letter designation, shall be
3prepared. The plats and plans shall be certified as to their accuracy and compliance
4with this subsection by a civil engineer, architect, or licensed land surveyor
5authorized to practice in this state.
AB647, s. 52
6Section
52. 703.14 (1) of the statutes is amended to read:
AB647,22,137
703.14
(1) The common elements may be used only for the purposes for which
8they were intended and, except as provided in the condominium instruments or
9association bylaws
or rules, the common elements are subject to mutual rights of
10support, access, use
, and enjoyment by all unit owners. However, any portion of the
11common elements designated as limited common elements may be used only by the
12unit owner of the unit to which their use is limited in the condominium instruments
13and
association bylaws
and rules.
AB647, s. 53
14Section
53. 703.15 (2) (a) of the statutes is amended to read:
AB647,22,2515
703.15
(2) (a)
Establishment. Every Unless the declarant
shall establish 16earlier establishes an association to govern the condominium
not later than, as of the
17date of the first conveyance of a unit to a purchaser
, an association shall immediately
18exist to govern the affairs of the condominium. The association shall
be organized
19as a profit or nonprofit corporation or exist as an unincorporated association
, unless
20the declarant has organized it as a nonprofit corporation before the first conveyance.
21After
it is organized, the the first conveyance, the association may be organized as
22a nonprofit corporation only with the consent of all of the unit owners. The declarant
23shall operate the association until the declarant transfers control of the association
24to the unit owners. The membership of the association shall at all times consist
25exclusively of all of the unit owners.
AB647, s. 54
1Section
54. 703.15 (2) (b) of the statutes is amended to read:
AB647,23,52
703.15
(2) (b)
Power and responsibility prior to establishment existence
. Until
3an association
is established exists under par. (a), a declarant has the power and
4responsibility to act in all instances where this chapter, any other provision of the
5law, or the declaration require action by the association or its officers.
AB647, s. 55
6Section
55. 703.15 (2) (c) 1. (intro.) of the statutes is amended to read:
AB647,23,127
703.15
(2) (c) 1. (intro.) Except as provided in par. (d), a declarant may
8authorize the declarant or persons designated by him or her to appoint and remove
9the officers of the association or to exercise the powers and responsibilities otherwise
10assigned by the declaration or this chapter to the association or its officers. A
11declaration may not authorize any declarant control of the association for a period
12exceeding
the earlier of any of the following:
AB647, s. 56
13Section
56. 703.15 (2) (c) 1. a. of the statutes is amended to read:
AB647,23,1514
703.15
(2) (c) 1. a.
Ten Except as provided in subd. 1. c., 10 years in the case of
15an expandable condominium.
AB647, s. 57
16Section
57. 703.15 (2) (c) 1. b. of the statutes is amended to read:
AB647,23,1817
703.15
(2) (c) 1. b.
Three Except as provided in subd. 1. c., 3 years in the case
18of any other condominium.
AB647, s. 58
19Section
58. 703.15 (2) (c) 1. c. of the statutes is amended to read:
AB647,23,2320
703.15
(2) (c) 1. c. Thirty days after the conveyance of
75% 75 percent of the
21common element interest to purchasers
if the conveyance of 75 percent of the
22common element interest occurs before the time specified in subd. 1. a. or b.,
23whichever is applicable.
AB647, s. 59
24Section
59. 703.15 (2) (c) 2. of the statutes is amended to read:
AB647,24,6
1703.15
(2) (c) 2. The period of declarant control begins on the date that the first
2condominium unit is conveyed by a declarant to any person other than the declarant.
3If there is any other unit owner other than a declarant, a declaration may not be
4amended to increase the scope or the period of the declarant control.
The declarant
5may transfer control of the association before the mandatory expiration of the period
6of declarant control.
AB647, s. 60
7Section
60. 703.15 (2) (c) 3. of the statutes is created to read:
AB647,24,98
703.15
(2) (c) 3. Upon the termination of declarant control, the declarant shall
9turn over all association records and accounts to the directors elected under par. (f).
AB647, s. 61
10Section
61. 703.15 (2) (d) of the statutes is amended to read:
AB647,24,1811
703.15
(2) (d)
Meeting to elect directors. Prior to Within 30 days after the
12conveyance of
25% 25 percent of the common element interest to purchasers, an
13association shall hold a meeting and the unit owners other than the declarant shall
14elect at least
25% 25 percent of the directors of the executive board.
Prior to Within
1530 days after the conveyance of
50% 50 percent of the common element interest to
16purchasers, an association shall hold a meeting and the unit owners other than the
17declarant shall elect at least
33 1/3% 33 1/3 percent of the directors of the executive
18board.
AB647, s. 62
19Section
62. 703.15 (2) (e) of the statutes is amended to read:
AB647,24,2520
703.15
(2) (e)
Calculation of percentage. The calculation of the percentage of
21common element interest conveyed to purchasers under pars. (c) and (d) shall be
22based on the percentage of undivided interest appertaining to each unit
which that 23has been conveyed assuming that all the units to be completed are included in the
24condominium
, including, in the case of an expanding condominium, the maximum
25number of units that may be added.
AB647, s. 63
1Section
63. 703.15 (2) (f) of the statutes is amended to read:
AB647,25,62
703.15
(2) (f)
Elections after expiration of declarant control. Not later than 45
3days after
the expiration of any period of declarant control
ends, an association shall
4hold a meeting and the unit owners shall elect an executive board of at least 3
5directors and officers of the association. The directors and officers shall take office
6upon election.
AB647, s. 64
7Section
64. 703.15 (3) (a) (intro.) of the statutes is amended to read:
AB647,25,98
703.15
(3) (a)
Powers. (intro.)
An In addition to any other powers vested in it
9by law, an association has the power to
do all of the following:
AB647, s. 65
10Section
65. 703.15 (3) (a) 1. of the statutes is amended to read:
AB647,25,1211
703.15
(3) (a) 1. Adopt
and amend budgets for revenues, expenditures
, and
12reserves and levy and collect assessments for common expenses from unit owners
;.
AB647, s. 66
13Section
66. 703.15 (3) (a) 2. of the statutes is amended to read:
AB647,25,1414
703.15
(3) (a) 2. Employ and dismiss employees and agents
;.
AB647, s. 67
15Section
67. 703.15 (3) (a) 3. of the statutes is amended to read:
AB647,25,1616
703.15
(3) (a) 3. Sue on behalf of all unit owners
; and.
AB647, s. 68
17Section
68. 703.15 (3) (b) (intro.) of the statutes is amended to read:
AB647,25,1918
703.15
(3) (b)
Conditional powers. (intro.) Subject to any restrictions and
19limitations specified by the declaration, an association may
do any of the following:
AB647, s. 69
20Section
69. 703.15 (4) (d) 1. of the statutes is amended to read:
AB647,26,321
703.15
(4) (d) 1. At meetings of the association every unit owner is entitled to
22cast the number of votes appurtenant to his or her unit, as established in the
23declaration under s. 703.09 (1) (f). Unit owners may vote by proxy, but, the proxy is
24effective only for a maximum period of 180 days following its issuance, unless
25granted to a mortgagee or lessee. If only one of multiple owners of a unit is present
1at a meeting of the association, the owner
who is present is entitled to cast the votes
2allocated to that unit.
Voting records, including official rosters and ballots cast, shall
3be open to review by any unit owner.
AB647, s. 70
4Section
70. 703.15 (4) (e) of the statutes is amended to read:
AB647,26,85
703.15
(4) (e) Unless otherwise provided in this chapter, and subject to
6provisions in the bylaws requiring a different majority
or manner of voting, decisions
7of an association shall be made on a majority of votes of the unit owners present and
8voting
at a meeting at which a quorum is present.
AB647, s. 71
9Section
71. 703.15 (6) of the statutes is created to read:
AB647,26,1310
703.15
(6) Right of action against declarant tolled. Except with respect to
11any warranties included in a contract of purchase for a specific unit, any applicable
12statute of limitations affecting the association's right of action against the declarant
13is tolled until declarant control terminates under sub. (2) (c).