2021 Wisconsin Act 168

1. Assign a new identifying number to each new unit created by the separation of a unit, shall allocate .

2. Allocate to those units each new unit, on a reasonable basis acceptable to the separator and the executive board, all of the undivided interest in the common element and rights to use the limited common elements and the votes in the association formerly appertaining to the separated unit. The amendment shall reflect

3. Reflect a proportionate allocation to the new units of the liability for common expenses and rights to common surpluses formerly appertaining to the subdivided unit.

168,37 Section 37. 703.13 (7) (c) of the statutes is amended to read:

703.13 (7) (c) Plats and plans An addendum showing the boundaries and dimensions separating the new units together with their other boundaries and their new identifying numbers or letters shall be prepared. The plats and plans addendum shall be certified as to their its accuracy and compliance with this subsection by a professional land surveyor.

168,38 Section 38. 703.13 (7) (d) of the statutes is amended to read:

703.13 (7) (d) After appropriate instruments have been prepared and executed, they shall be delivered promptly to the separator upon payment by him or her of all reasonable cost for their preparation. Those instruments are effective when the separator has executed them and they are recorded in the name of the separator. The recording of the instruments is conclusive evidence that the separation did not violate any restrictions or limitation specified by the condominium instruments and that any reallocations made under this subsection were reasonable.

168,39 Section 39 . 703.13 (8) (b) of the statutes is amended to read:

703.13 (8) (b) If the unit owners of adjoining units that may be merged desire to merge the units, the unit owners, after 30 days' written notice to all other unit owners, shall prepare and execute appropriate instruments under this subsection.

(bm) An amendment to the condominium instruments shall assign do all of the following:

1. Assign a new identifying number to the new unit created by the merger of the units and shall allocate .

2. Allocate to the new unit all of the undivided interest in the common elements and rights to use the limited common elements and the votes in the association formerly appertaining to the separate units. The amendment shall reflect

3. Reflect an allocation to the new unit of the liability for common expenses and rights to common surpluses formerly appertaining to the separate units.

(bp) An amendment to a declaration under this paragraph par. (bm) shall be adopted either under s. 703.09 (2) or by the written consent of the owners of the units to be merged, the mortgagees of those units, if any, and the board of directors of the association.

168,40 Section 40. 703.13 (8) (c) of the statutes is amended to read:

703.13 (8) (c) Plats and plans An addendum showing the boundaries and dimensions of the new unit together with the new identifying number or letter shall be prepared. The plats and plans addendum shall be certified as to their its accuracy and compliance with this subsection by a professional land surveyor.

168,41 Section 41. 703.163 (11) of the statutes is amended to read:

703.163 (11) Recording of statutory reserve account statement. Each statutory reserve account statement executed under this section shall bear the name of the condominium as it appears on the declaration, shall be prepared in the standard format for recorded documents under s. 59.43 (2m) and (5) (a), shall comply with s. 706.05 (2) (a) and (b), and shall be recorded with the register of deeds of the county where the condominium instruments are recorded.

168,42 Section 42. 703.165 (3) of the statutes is amended to read:

703.165 (3) Assessments constitute lien. All assessments, until paid, together with interest on them and actual costs of collection, constitute a lien on the units on which they are assessed, if a statement of lien is filed within 2 years after the date the assessment becomes due. The lien is effective against a unit at the time the assessment became due regardless of when within the 2-year period it is filed. A statement of condominium lien is filed in the land records of with the clerk of circuit court of the county where the unit is located, stating the description of the unit, the name of the record owner, the amount due and the period for which the assessment was due. The clerk of circuit court shall index the statement of condominium lien under the name of the record owner in the judgment and lien docket. The statement of condominium lien shall be signed and verified by an officer or agent of the association as specified in the bylaws and then may be filed. On full payment of the assessment for which the lien is claimed, the unit owner shall be entitled to a satisfaction of the lien that may be filed with the clerk of circuit court.

168,43 Section 43. 703.19 (5) of the statutes is amended to read:

703.19 (5) Adjustment of percentage interests following taking; effect of taking on votes appurtenant to unit. Following the taking of all or a part of any unit, the percentage interests appurtenant to the unit shall be adjusted in proportion as provided in the condominium instruments or bylaws. The association promptly shall prepare and record an amendment to the declaration reflecting the new percentage interests appurtenant to the unit. Subject to sub. (7), following the taking of part of a unit, the votes appurtenant to that unit shall be appurtenant to the remainder of that unit, and following the taking of all of a unit, the right to vote appurtenant to the unit shall terminate.

168,44 Section 44. 703.26 (2) (intro.) of the statutes is amended to read:

703.26 (2) Conditions to which reservation subject. (intro.) A reservation of the right to expand a condominium is subject to all of the following conditions provided in this subsection.:

168,45 Section 45. 703.26 (2) (a) of the statutes is amended to read:

703.26 (2) (a) A The declaration establishing a the condominium shall describe describes each parcel of property which that may be added to the condominium.

168,46 Section 46. 703.26 (2) (b) of the statutes is renumbered 703.26 (2) (b) 1. (intro.) and amended to read:

703.26 (2) (b) 1. (intro.) A The declaration establishing a the condominium shall show the shows all of the following:

a. The maximum number of units which that may be added, and the to the condominium.

b. The percentage interests in the common elements, the liabilities for common expenses, and the rights to common surpluses, and the appurtenant to each unit following the addition of property to the condominium.

c. The number of votes appurtenant to each unit following the addition of property to the condominium, if added. The percentage interests in the common elements, the liabilities for common expenses and the rights to common surpluses, and the number of votes that each unit owner will have

2. The information under subd. 1. b. and c. may be shown by reference to a formula or other appropriate method of determining them following each expansion of the condominium.

168,47 Section 47. 703.26 (2) (c) of the statutes is amended to read:

703.26 (2) (c) A condominium The plat for an the original condominium shall include, in general terms, includes the outlines of the land, and, in general terms, the location of the buildings, and common elements of new property that may be added to the condominium.

168,48 Section 48 . 703.26 (2) (d) of the statutes is amended to read:

703.26 (2) (d) In a declaration establishing a condominium, a The right to expand the condominium may be is reserved in the declaration for a period not exceeding 10 years from the date of recording of the declaration.

168,49 Section 49. 703.26 (3) (title) of the statutes is amended to read:

703.26 (3) (title) Recordation of Recording amendments to declaration and plat addenda.

168,49g Section 49g. 703.26 (3) (a) of the statutes is renumbered 703.26 (3) (a) (intro.) and amended to read:

703.26 (3) (a) (intro.) If the conditions of sub. (2) are complied with met, property may be added to a condominium if the declarant records an all of the following:

1. An amendment to the declaration, showing that shows the new percentage interests of the unit owners, and the votes which that each unit owner may cast in the condominium as expanded, and records an.

2. An addendum to the condominium plat that includes the detail and information concerning the new property as required in the original condominium that is required for a plat under s. 703.11 (2), (3), and (4).

168,49r Section 49r. 703.26 (3) (b) of the statutes is renumbered 703.26 (3) (b) (intro.) and amended to read:

703.26 (3) (b) (intro.) On recording of an amendment of a declaration and an addendum to a plat under par. (a), each unit owner, by operation of law, has the all of the following:

1. The percentage interests in the common elements, liabilities in the common expenses, and rights to common surpluses, and shall have the as set forth in the amendment.

2. The number of votes, appurtenant to the unit owner's unit, as set forth in the amendment to the declaration.

(c) Following any expansion, the interest of any mortgagee shall attach, by operation of law, to the new percentage interests in the common elements appurtenant to the unit on which it is a lien.

168,50 Section 50. 703.26 (3) (d) of the statutes is created to read:

703.26 (3) (d) Property included in a reservation of the right to expand is not subject to the condominium declaration and is not part of the condominium until an amendment and addendum adding the property to the condominium are recorded.

168,51 Section 51. 703.265 (3) of the statutes is amended to read:

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

168,52 Section 52 . 703.275 (1) (title) of the statutes is renumbered 703.275 (1m) (title).

168,53 Section 53. 703.275 (1) of the statutes is renumbered 703.275 (1m) (a) and amended to read:

703.275 (1m) (a) 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 resultant 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 shall bear the name of one of the preexisting condominiums.

168,54 Section 54. 703.275 (1c) of the statutes is created to read:

703.275 (1c) Definitions. In this section:

(a) “Preexisting condominium” means a condominium that existed before a merger or consolidation under this section.

(b) “Restatement of the declaration of a resultant condominium” means an amendment to the declaration of the preexisting condominium that bears the same name as the resultant condominium that complies with s. 703.09.

(c) “Resultant condominium” means a condominium that results from a merger or consolidation under this section.

(d) “Resultant condominium plat” means an addendum to the plat of the preexisting condominium that bears the same name as the resultant condominium that complies with s. 703.11.

168,55 Section 55. 703.275 (1m) (b) of the statutes is created to read:

703.275 (1m) (b) 1. Except as otherwise provided in this section, a resultant condominium may be created only by recording all of the following, as provided under s. 703.07:

a. A restatement of the declaration of the resultant condominium that includes the merger or consolidation agreement.

b. A resultant condominium plat.

2. a. The documents under subd. 1. shall be presented together to the register of deeds for recording.

b. The register of deeds may not record a resultant condominium plat without the restatement of the declaration of the resultant condominium and the merger or consolidation agreement.

c. On the plat of each preexisting condominium that is merged or consolidated to create a resultant condominium, the register of deeds shall reference the document number of the resultant condominium plat and, if the plat of the resultant condominium is assigned a volume and page number, the volume and page where the resultant condominium plat is recorded and shall note that the preexisting condominium was merged or consolidated. In a county that maintains a tract index pursuant to s. 59.43 (12m), the register of deeds shall make references to document numbers in the tract index.

168,56 Section 56. 703.275 (5) of the statutes is repealed.

168,57 Section 57 . 703.28 (1m) (a) of the statutes is repealed.

168,58 Section 58 . 703.28 (1m) (b) of the statutes is renumbered 703.28 (1m) and amended to read:

703.28 (1m) Before a certified survey map, condominium plat, subdivision plat or other plat may be recorded and filed for the same property that is subject to a condominium declaration, the condominium shall first be removed from the provisions of this chapter by recording a removal instrument. This subdivision does not apply to a merger or consolidation under s. 703.275.

168,59 Section 59 . 703.30 (2) of the statutes is amended to read:

703.30 (2) Substantial conformity of condominium instruments and bylaws sufficient. The provisions of any condominium instruments recorded and any bylaws filed required under this chapter shall be liberally construed to facilitate the creation and operation of the condominium. So long as the condominium instruments and bylaws substantially conform with the requirements of this chapter, no variance from the requirements shall affect the condominium status of the property in question nor the title of any unit owner to his or her unit, votes and percentage interests in the common elements and in common expenses and common surpluses.

168,60 Section 60 . 703.365 (3m) of the statutes is amended to read:

703.365 (3m) Agreement in lieu of bylaws. If approved by written consent of all of the unit votes of a small condominium, an agreement may be substituted for the bylaws under sub. (3). The terms of the agreement shall include the requirements of sub. (3) (a) to (d) and shall be consistent with this section. An amendment to an agreement may be made with the affirmative vote or written consent of all 75 percent of the unit votes of the small condominium.

168,61 Section 61. 706.01 (7r) (b) of the statutes is amended to read:

706.01 (7r) (b) By condominium name, and unit number, and appurtenance number in a platted condominium development.

168,62 Section 62. Initial applicability.

(1) Recording and indexing requirements. The treatment of ss. 703.065, 703.07 (2), and 703.12 first applies to deeds and other instruments that are submitted for recording on the effective date of this subsection.

(2) Bylaws. The treatment of s. 703.10 (5) first applies to an amendment to condominium bylaws that is approved under s. 703.10 on the effective date of this subsection.

(3) Local ordinance; review of condominium instruments. The treatment of s. 703.115 (1) (b) first applies to an ordinance adopted on the effective date of this subsection.

168,63 Section 63 . Effective date.

(1) This act takes effect on first day of the 7th month beginning after publication.