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).
AB647, s. 72
14Section
72. 703.155 (1) of the statutes is amended to read:
AB647,26,1815
703.155
(1) Definition. In this section, "master association" means a
profit or 16nonprofit corporation or unincorporated association
which that exercises the powers
17under s. 703.15 (3) on behalf of one or more condominiums or for the benefit of the
18unit owners of one or more condominiums.
AB647, s. 73
19Section
73. 703.155 (2) of the statutes is amended to read:
AB647,26,2320
703.155
(2) Delegation. If a declaration provides that any of the powers
21described in s. 703.15 (3) of an association are to be exercised by or may be delegated
22to a master association, all provisions of this chapter applicable to an association
23apply to the master association, except as modified by this section or the declaration.
AB647, s. 74
24Section
74. 703.16 (1) of the statutes is amended to read:
AB647,27,8
1703.16
(1) Disposition of common surpluses. All common surpluses of the
2association
shall be credited to the unit owners' assessments for common expenses 3may be used by the association in the manner determined by the association. If
4surpluses are credited or distributed to the unit owners, they shall be allocated
5among the unit owners as provided in the declaration or, if there is no applicable
6provision in the declaration, in proportion to their percentage interests in the
7common elements
or as otherwise provided in the declaration or shall be used for any
8other purpose as the association decides.
AB647, s. 75
9Section
75. 703.16 (2) (b) of the statutes is amended to read:
AB647,27,1710
703.16
(2) (b) During
the period of declarant control of the association under
11s. 703.15 (2) (c), if any period in which any unit owned by the declarant is exempt from
12assessments for common expenses until the unit is sold, the total amount assessed
13against units that are not exempt from assessments may not exceed the amount that
14equals nonexempt units' budgeted share of common expenses, based on the
15anticipated common expenses set forth in the annual budget under s. 703.161 (2) (a).
16The declarant is liable for the balance of the actual common expenses.
Declarant
17obligations under this paragraph shall be considered assessments under s. 703.165.
AB647, s. 76
18Section
76. 703.161 (2) (intro.) of the statutes is amended to read:
AB647,27,2119
703.161
(2) Requirement. (intro.) An association annually shall adopt and
20distribute to
all unit owners each unit owner an annual budget setting forth all of the
21following:
AB647, s. 77
22Section
77. 703.161 (2) (g) of the statutes is created to read:
AB647,27,2323
703.161
(2) (g) The amount assessed to the owner's unit.
AB647, s. 78
24Section
78. 703.161 (3) of the statutes is created to read:
AB647,28,3
1703.161
(3) Amendment. An association may adopt amendments to its budget
2during the course of its fiscal year, and shall use the same procedures and actions as
3are required for adoption of the original budget.
AB647, s. 79
4Section
79. 703.165 (2) of the statutes is amended to read:
AB647,28,175
703.165
(2) Liability for assessments. A unit owner shall be liable for all
6assessments, or installments thereof, coming due while owning a unit, including any
7assessments coming due during the pendency of any claim by the unit owner against
8the association or during any period in which the unit is not occupied by the unit
9owner or is leased or rented to any other person. In
a voluntary any grant,
other than
10one resulting from the foreclosure of a first mortgage on the unit, the grantee shall
11be jointly and severally liable with the grantor for all unpaid assessments against
12the grantor for his or her share of the common expenses up to the time of the
13voluntary grant for which a statement of condominium lien is
recorded filed, without
14prejudice to the rights of the grantee to recover from the grantor the amounts paid
15by the grantee for such assessments. Liability for assessments may not be avoided
16by waiver of the use or enjoyment of any common element or by abandonment of the
17unit for which the assessments are made.
AB647, s. 80
18Section
80. 703.165 (3) of the statutes is amended to read:
AB647,29,819
703.165
(3) Assessments constitute lien. All assessments, until paid,
20together with interest on them and actual costs of collection, constitute a lien on the
21units on which they are assessed, if a statement of lien is filed within
2 3 years after
22the date the
last installment of the assessment becomes due. The lien is effective
23against a unit at the time the
last installment of the assessment became due
24regardless of when within the
2-year 3-year period it is filed. A statement of
25condominium lien is filed in the land records of the clerk of circuit court of the county
1where the unit is located, stating the description of the unit, the name of the record
2owner, the amount due
, and the period for which the assessment was due. The clerk
3of circuit court shall index the statement of condominium lien under the name of the
4record owner in the judgment and lien docket. The statement of condominium lien
5shall be signed and verified by an officer or agent of the association as specified in
6the bylaws and then may be filed. On full payment of the
amount of the assessment
7for which the lien is claimed, the unit owner shall be entitled to a satisfaction of the
8lien that may be filed with the clerk of circuit court.
AB647, s. 81
9Section
81. 703.165 (5) (c) of the statutes is amended to read:
AB647,29,1110
703.165
(5) (c)
Mechanic's Construction liens filed prior to the making of the
11assessment.
AB647, s. 82
12Section
82. 703.165 (7) of the statutes is amended to read:
AB647,30,213
703.165
(7) Enforcement of lien. A lien may be enforced and foreclosed by an
14association or any other person specified in the bylaws, in the same manner, and
15subject to the same requirements, as a foreclosure of mortgages on real property in
16this state
, including the redemption time reductions under s. 846.101 for waiving a
17deficiency judgment. An association may recover costs and actual attorney fees. An
18association may, unless prohibited by the declaration, bid on the unit at foreclosure
19sale and acquire, hold, lease, mortgage
, and convey the unit. Suit to recover a money
20judgment for unpaid common expenses shall be maintainable without foreclosing or
21waiving the lien securing the same. Suit for any deficiency following foreclosure may
22be maintained in the same proceeding. No action may be brought to foreclose the lien
23unless brought within 3 years following the
recording
filing of the statement of
24condominium lien. No action may be brought to foreclose the lien except after 10
1days' prior written notice to the unit owner given by registered mail, return receipt
2requested, to the address of the unit owner shown on the books of the association.
AB647, s. 83
3Section
83. 703.17 (1) of the statutes is amended to read:
AB647,30,164
703.17
(1) An Unless otherwise provided in the declaration, an association
5shall obtain insurance for the property against loss or damage by fire and such other
6hazards for not less than full replacement value of the property insured and a
7liability policy covering all claims commonly insured against. Insurance coverage
8shall be written on the property in the name of the association as trustee for each of
9the unit owners in the percentages established in the declaration.
The declaration
10may establish an allocation of insurance proceeds that differs from the percentage
11interest in the common elements established under s. 703.13 (1). Premiums shall be
12common expenses.
The insurance may include reasonable deductibles, and, if it
13does, the association shall determine by bylaw or rule whether a deductible shall be
14paid as a common expense or, if not, how it will be allocated. Provisions for such
15insurance shall be without prejudice to the right of each unit owner to insure his or
16her own unit for personal benefit.
AB647, s. 84
17Section
84. 703.18 (2) (b) of the statutes is amended to read:
AB647,31,218
703.18
(2) (b) However, if a condominium is damaged to an extent more than
19the available insurance proceeds, the condominium shall be subject to an action for
20partition upon obtaining the written consent of the unit owners having
75% 75
21percent or more of the votes. In the case of partition, the net proceeds of sale together
22with any net proceeds of insurance shall be considered as one fund and shall be
23divided among all unit owners in proportion to their percentage interests in the
24common elements
as established under s. 703.13 (1) or, if the declaration so provides,
1in an allocation that differs from the percentage interests in the common elements,
2and shall be distributed in accordance with the priority of interests in each unit.
AB647, s. 85
3Section
85. 703.19 (3) (intro.) of the statutes is amended to read:
AB647,31,74
703.19
(3) Allocation of award; in absence of provisions in declaration or
5bylaws. (intro.) Unless otherwise provided for in a declaration or bylaws, any
6damages for a taking of all or part of a condominium shall
, subject to sub. (6), be
7awarded as follows:
AB647, s. 86
8Section
86. 703.19 (3) (b) of the statutes is amended to read:
AB647,31,139
703.19
(3) (b) Any award for the taking of limited common elements shall be
10allocated to the unit owners of the units to which the use of those limited common
11elements is restricted in proportion to their respective percentage interests in the
12common elements
as established under s. 703.13 (1) or, if the declaration so provides,
13in an allocation that differs from the percentage interests in the common elements.
AB647, s. 87
14Section
87. 703.19 (3) (c) of the statutes is amended to read:
AB647,31,1915
703.19
(3) (c) In the event no reconstruction is undertaken, any award for the
16taking of common elements shall be allocated to all unit owners in proportion to their
17respective percentage interests in the common elements
as established under s.
18703.13 (1) or, if the declaration so provides, in an allocation that differs from the
19percentage interests in the common elements.