AB537: Bill Text

LRB-2959/3

MJL:mfd:hmh

1997 - 1998 LEGISLATURE

1997 Assembly BILL 537

September 29, 1997 - Introduced by Representatives Green, Grothman, Albers, Goetsch, F. Lasee, J. Lehman, Musser, Skindrud, Hanson, Otte, La Fave, Kelso, Seratti, Staskunas, Hahn, Porter, Baumgart and Ziegelbauer, cosponsored by Senators Roessler, A. Lasee, Plache, Wirch and C. Potter. Referred to Committee on Housing.

AB537,1,6 An Act to renumber 703.02 (1); to amend 703.02 (16), 703.07 (1), 703.07 (2), 703.11 (2) (a), 703.11 (2) (d), 703.11 (3), 703.13 (4), 703.26 (3) (a), 703.26 (3) (b), 703.275 (1) and 703.28 (1); to repeal and recreate 703.275 (5); and to create 703.02 (1b), 703.02 (1h), 703.02 (14g), 703.095, 703.11 (2) (am), 703.115 and 703.28 (1m) of the statutes; relating to: recording requirements for condominium instruments.

Analysis by the Legislative Reference Bureau

This bill makes the following changes and additions to the law governing the preparation and recording of condominium instruments:

1. Requires that a condominium declaration (the instrument that, once recorded, subjects a property to the law governing condominiums) and condominium plat be presented together for recording and requires the first page of the condominium plat to contain a blank space at least 2.5 inches by 2.5 inches in size for recording use by the register of deeds.

2. Provides that a condominium instrument (a declaration, plat or plan of a condominium, together with any attached exhibits or schedules) may only be modified by recording an amendment, addendum or instrument of correction or by removal of all or part of the condominium from the law governing condominiums (a procedure that all unit owners initiate, with the consent of the holders of liens affecting any of the units).

3. Provides that if 2 or more condominiums merge into a single condominium, both a restatement of the declaration of the resultant condominium that includes the merger agreement and an addendum to the plat of the resultant condominium must be recorded and that the register of deeds must reference the document number, volume and page of the plat of the resultant condominium on the plat of the preexisting condominium and note that the preexisting condominium has been merged.

4. Requires the removal of a condominium from the law governing condominiums before a condominium plat or certified survey map may be recorded for the same property and requires the removal of 2 condominiums whose merger results in the creation of a new plat.

5. Defines an addendum as a condominium instrument that modifies a recorded condominium plat, an amendment as a condominium instrument that modifies a recorded condominium declaration and a removal instrument as an instrument other than an instrument of conveyance that removes property from the law governing condominiums.

6. Redefines a unit number to eliminate the use of alphanumeric unit numbers and provides that a unit number may not contain more than 8 numerals and must be unique throughout the condominium.

7. Requires instruments of correction to refer to the condominium instrument being corrected; requires amendments and addenda to be numbered consecutively and to bear the name of the condominium as it appears in the declaration; requires the name of a condominium to be unique in the county in which the condominium is located and provides that if 2 condominiums merge, the resultant condominium must bear the name of one of the preexisting condominiums.

8. Authorizes a county that uses an optical imaging system for storage and retrieval of records to adopt an ordinance requiring the filing of legible paper copies of survey maps and floor plans with dimensions no greater than 8.5 inches in length and 14 inches in width, in addition to the statutorily prescribed archival maps and floor plans with dimensions of 14 inches in length and 22 inches in width.

9. Authorizes a county to adopt an ordinance to require local review of condominium plats before recording and to charge a fee that reflects the actual cost of performing the review.

10. Provides that the percentage interest in the common elements may be changed with approval of at least 75% of both the unit owners and their mortgagees, rather than 100%, as required under current law.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB537, s. 1 Section 1. 703.02 (1) of the statutes is renumbered 703.02 (1d).

AB537, s. 2 Section 2. 703.02 (1b) of the statutes is created to read:

AB537,3,3 703.02 (1b) "Addendum" means a condominium instrument that modifies a recorded condominium plat.

AB537, s. 3 Section 3. 703.02 (1h) of the statutes is created to read:

AB537,3,6 703.02 (1h) "Amendment" means a condominium instrument that modifies a recorded condominium declaration.

AB537, s. 4 Section 4. 703.02 (14g) of the statutes is created to read:

AB537,3,11 703.02 (14g) "Removal instrument" means an instrument that complies with the requirements of s. 59.43 (2m) and that removes property from the provisions of this chapter upon recording. A removal instrument does not include an instrument of conveyance.

AB537, s. 5 Section 5. 703.02 (16) of the statutes is amended to read:

AB537,3,14 703.02 (16) "Unit number" means the number, letter or combination thereof, identifying a unit in a declaration.

AB537, s. 6 Section 6. 703.07 (1) of the statutes is amended to read:

AB537,3,19 703.07 (1) A condominium may only be created by recording condominium instruments with the register of deeds of the county where the property is located. A condominium declaration and plat shall be presented together to the register of deeds for recording.

AB537, s. 7 Section 7. 703.07 (2) of the statutes is amended to read:

AB537,4,3 703.07 (2) A condominium instrument, and all amendments , addenda and certifications of a condominium instrument, shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in the name of the declarant and the name of the condominium. Subsequent instruments affecting the title to a unit which is physically located entirely within a single county shall be recorded only in that county, notwithstanding the fact that the common elements are not physically located entirely within that county. Subsequent amendments and addenda shall be indexed under the name of the condominium.

AB537, s. 8 Section 8. 703.095 of the statutes is created to read:

AB537,4,12 703.095 Modification and correction of recorded condominium instruments, amendments and addenda. A recorded condominium instrument, amendment or addendum may only be modified by recording an amendment, addendum or instrument of correction, or by removal from the provisions of this chapter under s. 703.28 (1). The register of deeds may not record an instrument of correction if it does not refer to the instrument being corrected and may not record amendments and addenda unless they are numbered consecutively and bear the name of the condominium as it appears in the declaration.

AB537, s. 9 Section 9. 703.11 (2) (a) of the statutes is amended to read:

AB537,4,18 703.11 (2) (a) The name of the condominium and county in which the property is located on each sheet of the plat. The name of the condominium must be unique in the county in which the condominium is located. If there is more than one sheet, each sheet shall be consecutively numbered and show the relation of that sheet number to the total number of sheets.

AB537, s. 10 Section 10. 703.11 (2) (am) of the statutes is created to read:

AB537,4,21 703.11 (2) (am)  A blank space at least 2.5 inches by 2.5 inches in size on the first sheet for recording use by the register of deeds.

AB537, s. 11 Section 11. 703.11 (2) (d) of the statutes is amended to read:

AB537,5,7 703.11 (2) (d) All Legibly prepared survey maps and floor plans submitted for filing shall be legibly prepared with a binding margin of 1.5 inches on the left side and a one-inch margin on all other sides on durable white paper 14 inches in length and 22 inches in width with nonfading black image or reproduced with photographic silver haloid image on double matt polyester film of not less than 4 millimeter thickness and 14 inches long by 22 inches wide. The maps and plans shall be drawn to a convenient scale. If a county uses an optical imaging system for storage and retrieval of records, the county board may adopt an ordinance requiring the filing of additional, legible paper copies of survey maps and floor plans having dimensions no greater than 8.5 inches in length and 14 inches in width.

AB537, s. 12 Section 12. 703.11 (3) of the statutes is amended to read:

AB537,5,12 703.11 (3) Designation of units. Every unit shall be designated on the condominium plat by the unit number or other appropriate designation. Unit numbers may not contain more than 8 numerals and must be unique throughout the condominium.

AB537, s. 13 Section 13. 703.115 of the statutes is created to read:

AB537,5,17 703.115 Local review of condominium plats. (1) A county may adopt an ordinance to require the review of condominium plats before recording by reviewers employed by the county of recording or by a city, village or town that is located in whole or in part in the county of recording if the ordinance does all of the following:

AB537,5,19 (a) Requires the reviewer to complete the review within 10 working days after submission of the condominium plat.

AB537,5,23 (b) Requires the first page of the condominium plat to contain a space for the reviewer's signature and title and requires the reviewer to certify approval of the condominium plat with his or her signature if it complies with the requirements of s. 703.11 and, if applicable, ss. 703.095, 703.275 (5) and 703.28 (1m).

AB537,5,25 (c) Provides that if the reviewer fails to complete the review within the required 10-day period, the condominium plat is approved for recording.

AB537,6,2 (2) An ordinance adopted under this section may authorize the county to charge a fee that reflects the actual cost of performing the review.