LRBs0330/4
MJL:kmg&kaf:jf
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 537
February 4, 1998 - Offered by
Committee on Housing.
AB537-ASA1,1,6
1An Act to renumber 703.02 (1);
to amend 703.02 (16), 703.07 (1), 703.07 (2),
2703.11 (2) (a), 703.11 (3), 703.13 (4), 703.26 (3) (a), 703.26 (3) (b), 703.275 (1),
3703.275 (4) and 703.28 (1);
to repeal and recreate 703.275 (5); and
to create
4703.02 (1b), 703.02 (1h), 703.02 (6m), 703.02 (14g), 703.095, 703.11 (2) (am),
5703.115 and 703.28 (1m) of the statutes;
relating to: recording requirements
6for condominium instruments.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB537-ASA1, s. 1
7Section
1. 703.02 (1) of the statutes is renumbered 703.02 (1d).
AB537-ASA1,1,109
703.02
(1b) "Addendum" means a condominium instrument that modifies a
10recorded condominium plat.
AB537-ASA1,2,2
1703.02
(1h) "Amendment" means a condominium instrument that modifies a
2recorded condominium declaration.
AB537-ASA1,2,74
703.02
(6m) "Correction instrument" means an instrument drafted by a
5licensed land surveyor that complies with the requirements of s. 59.43 (2m) and that,
6upon recording, corrects an error in a condominium plat. "Correction instrument"
7does not include an instrument of conveyance.
AB537-ASA1,2,129
703.02
(14g) "Removal instrument" means an instrument that complies with
10the requirements of s. 59.43 (2m) and that removes property from the provisions of
11this chapter upon recording. "Removal instrument" does not include an instrument
12of conveyance.
AB537-ASA1,2,1514
703.02
(16) "Unit number" means the number
, letter or combination thereof, 15identifying a unit in a declaration.
AB537-ASA1,2,2017
703.07
(1) A condominium may
only be created by recording condominium
18instruments with the register of deeds of the county where the property is located.
19A condominium declaration and plat shall be presented together to the register of
20deeds for recording.
AB537-ASA1,3,422
703.07
(2) A condominium instrument, and all amendments
, addenda and
23certifications of a condominium instrument, shall be recorded in every county in
24which any portion of the condominium is located, and shall be indexed in the name
25of the declarant and the name of the condominium. Subsequent instruments
1affecting the title to a unit which is physically located entirely within a single county
2shall be recorded only in that county, notwithstanding the fact that the common
3elements are not physically located entirely within that county. Subsequent
4amendments
and addenda shall be indexed under the name of the condominium.
AB537-ASA1,3,13
6703.095 Modification and correction of recorded condominium
7instruments, amendments and addenda. A recorded condominium instrument,
8amendment or addendum may only be modified by recording an amendment,
9addendum or correction instrument, or by removal from the provisions of this
10chapter under s. 703.28 (1). The register of deeds may not record a correction
11instrument if it does not refer to the instrument being corrected and may not record
12amendments and addenda unless they are numbered consecutively and bear the
13name of the condominium as it appears in the declaration.
AB537-ASA1,3,1915
703.11
(2) (a) The name of the condominium and county in which the property
16is located on each sheet of the plat.
The name of the condominium must be unique
17in the county in which the condominium is located. If there is more than one sheet,
18each sheet shall be consecutively numbered and show the relation of that sheet
19number to the total number of sheets.
AB537-ASA1,3,2221
703.11
(2) (am) A blank space at least 2.5 inches by 2.5 inches in size on the
22first sheet for recording use by the register of deeds.
AB537-ASA1,4,224
703.11
(3) Designation of units. Every unit shall be designated on the
25condominium plat by the unit number
or other appropriate designation. Unit
1numbers may not contain more than 8 numerals and must be unique throughout the
2condominium.
AB537-ASA1,4,8
4703.115 Local review of condominium instruments. (1) A county may
5adopt an ordinance to require the review of condominium instruments before
6recording by persons employed by the county of recording or by a city, village or town
7that is located in whole or in part in the county of recording if the ordinance does all
8of the following:
AB537-ASA1,4,129
(a) Requires the review to be completed within 10 working days after
10submission of the condominium instrument and provides that, if the review is not
11completed within this period, the condominium instrument is approved for
12recording.
AB537-ASA1,4,1613
(b) Provides that a condominium instrument may be rejected only if it fails to
14comply with the applicable requirements of ss. 703.095, 703.11 (2) (a), (c) and (d) and
15(3), 703.275 (5) and 703.28 (1m) or if the surveyor's certificate under s. 703.11 (4) is
16not attached to or included in the condominium plat.
AB537-ASA1,4,1917
(c) If the person performing the review approves the condominium instrument,
18requires the person to certify approval in writing, accompanied by his or her
19signature and title.
AB537-ASA1,4,21
20(2) An ordinance adopted under this section may authorize the county to
21charge a fee that reflects the actual cost of performing the review.
AB537-ASA1,5,623
703.13
(4) Change in percentage interest. The percentage interests shall have
24a permanent character and, except as specifically provided by this chapter, may not
25be changed without the written consent of
all of
at least 75% of both the unit owners
1and their mortgagees. Any change shall be evidenced by an amendment to the
2declaration and recorded among the appropriate land records. The percentage
3interests may not be separated from the unit to which they appertain. Any
4instrument, matter, circumstance, action, occurrence or proceeding in any manner
5affecting a unit also shall affect, in like manner, the percentage interests
6appurtenant to the unit.
AB537-ASA1,5,138
703.26
(3) (a) If the conditions of sub. (2) are complied with, property may be
9added to a condominium if the declarant records an amendment to the declaration,
10showing the new percentage interests of the unit owners, and the votes which each
11unit owner may cast in the condominium as expanded, and records an
amendment 12addendum to the condominium plat that includes the detail and information
13concerning the new property as required in the original condominium plat.
AB537-ASA1,5,2115
703.26
(3) (b) On recording of an amendment of a declaration and
an addendum
16to a plat, each unit owner, by operation of law, has the percentage interests in the
17common elements, liabilities in the common expenses, rights to common surpluses,
18and shall have the number of votes, set forth in the amendment to the declaration.
19Following any expansion, the interest of any mortgagee shall attach, by operation of
20law, to the new percentage interests in the common elements appurtenant to the unit
21on which it is a lien.
AB537-ASA1,6,623
703.275
(1) Agreement; legal effect. Any 2 or more condominiums, by
24agreement of the unit owners as provided in this section, may be merged or
25consolidated into a single condominium. Unless the agreement otherwise provides,
1the condominium resulting from a merger or consolidation is, for all purposes, the
2legal successor of all of the preexisting condominiums and the operations and
3activities of all associations of the preexisting condominiums shall be merged or
4consolidated into a single association which shall hold all powers, rights, obligations,
5assets and liabilities of the preexisting associations.
The resultant condominium
6must bear the name of one of the preexisting condominiums.
AB537-ASA1,6,168
703.275
(4) Votes. The merger or consolidation agreement is effective if the
9agreement is approved by the unit owners of units to which at least
80% 75% of the
10votes in each preexisting association are allocated. If the declaration of a preexisting
11association specifies that a percentage greater than
80% 75% of the votes in that
12association is required to approve a merger or consolidation agreement, the greater
13percentage applies to the vote of that association. A declaration of a preexisting
14association may specify a smaller percentage and the smaller percentage applies to
15the vote of that association only if all of the units in the preexisting condominium are
16restricted exclusively to nonresidential uses.
AB537-ASA1, s. 19
17Section
19. 703.275 (5) of the statutes is repealed and recreated to read:
AB537-ASA1,6,2318
703.275
(5) Recording. Both a restatement of the declaration of the resultant
19condominium that includes the merger agreement and an addendum to the
20condominium plat of the resultant condominium shall be recorded as provided in s.
21703.07. The register of deeds shall reference the document number, volume and page
22of the plat of the resultant condominium on the plat of the preexisting condominium
23and shall note that the preexisting condominium has been merged.
AB537-ASA1,7,6
1703.28
(1) All of the unit owners may remove all or any part of the property from
2the provisions of this chapter by
an instrument to that effect a removal instrument,
3duly recorded, provided that the holders of all liens affecting any of the units consent
4thereto or agree, in either case by instruments duly recorded, that their liens be
5transferred to the percentage of the undivided interest of the unit owner in the
6property.
