AB781: Bill Text

Note: Provides an alternative procedure for amending the declaration. The key feature is that the association has 180 days to secure the required consents and approvals and may rely on the list of owners of record contained in a title report at the beginning of the 180-day period. (The current amendment procedure does not include this 180-day "window," but there is no limit on how long the current procedure may take. Provision is made for notice of the proposed amendment to new unit owners and lienholders during the 180-day period and for the new owners and lienholders to cast a ballot replacing the ballot of the previous owner and lienholder. Provision is made to extend the 180-day period 14 days if the ballot is mailed to the new owner and lienholder within 14 days before the end of the 180-day period.

The procedure contains substantial detail concerning the commencement of the 180-day period; required notice; voting by unit owners and lienholders and subsequent unit owners and lienholders; recording the amended declaration; and retention of materials related to the amendment for 2 years.

AB781, s. 17 Section 17. 703.10 (2g) of the statutes is created to read:

AB781,12,5 703.10 (2g) Occupancy requirements for board members. The bylaws may provide that a unit owner may not serve as a director unless the owner occupies his or her unit or may specify the proportion of nonoccupant unit owners who may serve as directors.

Note: Expressly provides that the condominium bylaws may provide that a unit owner may not serve as a director of the condominium association unless the unit owner occupies his or her unit or may specify the proportion of nonoccupant unit owners who may serve as directors. Note that under current s. 703.10 (2) (d), stats., not more than one "nonunit owner" may be on the board.

AB781, s. 18 Section 18. 703.11 (2) (c) of the statutes is amended to read:

AB781,12,11 703.11 (2) (c) Diagrammatic floor plans Plans that show the location of each building located or to be located on the property which show and, if there are units in a building, that show the perimeters, approximate dimensions, floor area approximate square footage, and location of each unit in it the building. Common elements shall be shown graphically to the extent feasible.

Note: Simplifies the required content of a condominium plat by substituting "plans showing the location of each building" for "diagrammatic floor plans of each building", adding "perimeters", and substituting "approximate square footage" for "floor area". Also makes editorial changes. Reference in the revised provision to "plans" is not intended to include the construction plans for the building, including all the separate plans that comprise the construction plans.

AB781, s. 19 Section 19 . 703.11 (5) of the statutes is created to read:

AB781,13,4 703.11 (5) Amendment. Except as provided in s. 703.265, amendment of a condominium plat by an addendum that is not included as part of an amendment to the declaration shall be accomplished in the same manner as an amendment to the declaration under s. 703.09 (2).

Note: Clarifies that an amendment of a condominium plat (addendum) that is not included as part of an amendment to the declaration is to be accomplished in the same manner as an amendment to the declaration.

AB781, s. 20 Section 20 . 703.13 (5) (a) of the statutes is amended to read:

AB781,13,11 703.13 (5) (a) A unit owner may make any improvements or alterations within his or her unit that do not impair the structural integrity or lessen the support of any portion of the condominium and that do not create a nuisance substantially affecting the use and enjoyment of other units or the common elements. A unit owner may not change the exterior appearance of a unit or of any other portion of the condominium without permission of the board of directors of the association.

Note: For convenience, expressly limits the unit improvements or alterations that a unit owner may make to exclude those that create a nuisance in the use and enjoyment of other units or the common elements. Reference to "nuisance" is intended to include both nuisance under common law and nuisance under other law, e.g., ch. 823, stats.

AB781, s. 21 Section 21 . 703.13 (5m) of the statutes is created to read:

AB781,13,17 703.13 (5m) Improvements to limited common elements. (a) If permitted by the condominium instruments and subject to par. (b) and to any restrictions or limitations specified in the condominium instruments, a unit owner may improve, including the enclosure of, the limited common elements appurtenant exclusively to that owner's unit if all of the following conditions are met:

AB781,13,21 1. A statement describing the improvement, including a description of the project, the materials to be used, and the project's proposed impact on the appearance of the condominium, and identifying the project contractor is submitted to the board of directors of the association.

AB781,14,3 2. The improvement will not interfere with the use and enjoyment of the units of other unit owners or the common elements or limited common elements of the condominium.

AB781,14,5 3. The improvement will not impair the structural integrity of the condominium.

AB781,14,7 4. Any change to the exterior appearance of the condominium is approved by the board of directors of the association.

AB781,14,13 (b) All costs and expenses of an improvement under this subsection and any increased costs of maintenance and repair of the limited common elements resulting from the improvement are the obligation of the unit owner. The unit owner shall protect the association and other unit owners from liens on property of the association or of other unit owners that otherwise might result from the improvement.

Note: Allows a unit owner, at the owner's expense, to improve limited common elements appurtenant exclusively to that owner's unit if permitted by the condominium instruments and if the specified conditions are met.

AB781, s. 22 Section 22 . 703.13 (6) (c) and (d) of the statutes are amended to read:

AB781,15,2 703.13 (6) (c) An amendment to a declaration shall identify the units involved and shall state that the boundaries between those units are being relocated by agreement of the unit owners thereof. The amendment shall contain words of conveyance between those unit owners, and when recorded shall also be indexed in the name of the grantor and grantee. If the adjoining unit owners have specified in their written application the reallocation between their units of the aggregate undivided interest in the common elements appertaining to those units, the amendment to the declaration shall reflect that reallocation. An amendment to a declaration under this paragraph shall be adopted, at the option of the adjoining unit owners, either under s. 703.09 (2) or by the written consent of the owners of the adjoining units involved and the mortgagees of the adjoining units.

Note: Current s. 703.13 (6), stats., contains a procedure for changing boundaries between adjoining condominium units when the condominium instruments permit a relocation and the adjoining unit owners desire the relocation. One element of that procedure is an amendment to the declaration, describing the boundary change and any reallocation of interests in the adjoining unit owners' respective interests in the common elements. [s. 703.13 (6) (c), stats.]

Section 703.13 (6) (c) is amended to allow a declaration amendment under the boundary change procedure to be accomplished simply with the approval of the adjoining unit owners and the mortgagees of the adjoining units, if any. (The general method of amending the declaration under s. 703.09 (2) may, at the option of the adjoining unit owners, continue to be used instead of the simplified procedure.)

AB781,15,8 (d) If the adjoining unit owners have specified in their written application a reasonable reallocation, as determined by the board of directors, of the number of votes in the association or liabilities for future common expenses not specially assessed, appertaining to their units, an amendment to the condominium instruments shall reflect those reallocations. An amendment to a declaration under this paragraph shall be adopted in the manner specified in par. (c).

Note: The procedure for relocating boundaries between adjoining condominium units also provides that if the adjoining unit owners have specified in the written application a reasonable allocation, as determined by the board of directors, of the number of votes in the association or liabilities for future common expenses not specially assessed that pertain to the units, an amendment to the condominium instruments is to reflect those reallocations. This bill provides that an amendment to a declaration under this provision is adopted in the same manner as described in paragraph 2 of the Note immediately above.

AB781, s. 23 Section 23 . 703.13 (8) of the statutes is created to read:

AB781,15,13 703.13 (8) Merger of units. (a) If any condominium instruments expressly permit the merger of 2 or more adjoining units into one unit, a merger shall be made in accordance with this subsection and any restrictions and limitations specified in the condominium instruments.

AB781,16,11 (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. An amendment to the condominium instruments shall assign a new identifying number to the new unit created by the merger of the units and shall 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 an allocation to the new unit of the liability for common expenses and rights to common surpluses formerly appertaining to the separate units. An amendment to a declaration under this paragraph 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.

AB781,16,16 (c) Plats and plans showing the boundaries and dimensions of the new unit together with the new identifying number or letter shall be prepared. The plats and plans shall be certified as to their accuracy and compliance with this subsection by a civil engineer, architect, or licensed land surveyor authorized to practice in this state.

AB781,16,24 (d) After appropriate instruments have been prepared and executed, they shall be delivered promptly to the owner or owners of the merged unit upon payment by the owner or owners of all reasonable costs for their preparation. Those instruments are effective when executed by the owner or owners of the merged unit and recorded in the office of the register of deeds of the county where the property is located. The recording of the instruments is conclusive evidence that the merger did not violate any restriction or limitation specified by the condominium instruments and that any reallocations made under this subsection were reasonable.

Note: Provides a procedure for merging adjoining condominium units based on current procedures for: relocating boundaries between adjoining condominium units [s. 703.13 (6), stats.]; and separation of a unit into one or more units [s. 703.13 (7), stats.]. The procedure includes a simplified means of amending the declaration.

AB781, s. 24 Section 24. 703.15 (1) of the statutes is amended to read:

AB781,17,9 703.15 (1) Legal entity. The affairs of every condominium shall be governed by an association which that, even if unincorporated, is constituted a legal entity for all purposes. Except for matters reserved to the association members or unit owners by this chapter, the declaration, or the bylaws, all policy and operational decisions of the association, including interpretation of the condominium instruments, bylaws, rules, and other documents relating to the condominium or the association, shall be made by its board of directors. This subsection does not affect the deference accorded to, or the standard of review of, an action of the board of directors by a court.

Note: Clarifies the prevailing, but not always known, view of the role of the association board of directors: with the exception of matters reserved to association members or unit owners by ch. 703, the declaration, or bylaws, all policy and operational decisions of the association are made by the board. Policy and operational decisions include, but are not limited to, interpretation of condominium instruments, bylaws, rules, and other documents relating to the condominium or the association.

AB781, s. 25 Section 25. 703.15 (3) (b) 1. of the statutes is amended to read:

AB781,17,13 703.15 (3) (b) 1. Make contracts and incur liabilities , including borrowing funds in the name of the association in the manner specified in the bylaws under s. 703.10 (2) (f).

Note: For illustrative purposes, expressly provides that a condominium association, subject to any restrictions and limitations specified by the declaration, may borrow funds in the name of the association in the manner specified in the bylaws as part of its general authority to make contracts and incur liabilities. The exercise of this authority by an association is subject to current s. 703.25, relating to the tort and contract liability of an association.

AB781, s. 26 Section 26. 703.15 (3) (b) 8. of the statutes is created to read:

AB781,17,16 703.15 (3) (b) 8. Purchase goods and services jointly with other condominium associations or other persons.

Note: Expressly authorizes a condominium association, subject to any restrictions and limitations specified by the declaration, to purchase goods and services jointly with other condominium associations or other persons.

AB781, s. 27 Section 27. 703.15 (4) (d) 1. of the statutes is amended to read:

AB781,18,8 703.15 (4) (d) 1. At meetings of the association every unit owner is entitled to cast the number of votes appurtenant to his or her unit, as established in the declaration under s. 703.09 (1) (f). Unit owners may vote by proxy, but, the proxy is effective only for a maximum period of 180 days following its issuance, unless granted to a mortgagee or lessee. If only one of multiple owners of a unit is present at a meeting of the association, the owner is entitled to cast the votes allocated to that unit.

Note: For convenience, indicates by cross-reference that the number of votes appurtenant to a condominium unit is established in the declaration.

AB781, s. 28 Section 28. 703.155 (7) of the statutes is created to read:

AB781,18,14 703.155 (7) Representation of condominium or noncondominium property. A master association may represent condominium or noncondominium property on behalf of one or more condominiums and property under a different form of ownership or for the benefit of the unit owners of one or more condominiums and the owners of other property.

Note: Clarifies the authority of a master association to represent either condominium property or noncondominium property: (a) on behalf of one or more condominiums and property under a different form of ownership; or (b) for the benefit of the unit owners of one or more condominiums and the owners of other property.

AB781, s. 29 Section 29. 703.16 (2) of the statutes is renumbered 703.16 (2) (a).

AB781, s. 30 Section 30. 703.16 (2) (b) of the statutes is created to read:

AB781,19,3 703.16 (2) (b) During the period of declarant control of the association under s. 703.15 (2) (c), if any unit owned by the declarant is exempt from assessments for common expenses until the unit is sold, the total amount assessed against units that are not exempt from assessments may not exceed the amount that equals nonexempt units' projected percentage share of common expenses, based on the anticipated common expenses set forth in the annual budget under s. 703.161 (2) (a). The declarant is liable for the balance of the actual common expenses.

Note: Provides that, during the period of declarant control, if a unit owned by the declarant is exempt from assessments for common expenses until the unit is sold, the total amount that may be assessed against units that are not exempt from assessments may not exceed the units' projected percentage share of common expenses; the declarant is liable for the balance of the actual expenses.

AB781, s. 31 Section 31 . 703.16 (3) to (9) of the statutes are renumbered 703.165 (2) to (8), and 703.165 (2), (4), (5) (intro.) and (8) (form), as renumbered, are amended to read:

AB781,19,17 703.165 (2) Liability for assessments. A unit owner shall be liable for all assessments, or instalments thereof, coming due while owning a unit , including any assessments coming due during the pendency of any claim by the unit owner against the association or during any period in which the unit is not occupied by the unit owner or is leased or rented to any other person. In a voluntary grant, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his or her share of the common expenses up to the time of the voluntary grant for which a statement of condominium lien is recorded, without prejudice to the rights of the grantee to recover from the grantor the amounts paid by the grantee for such assessments. Liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made.

Note: Expressly provides that a condominium unit owner is liable for any assessments coming due during the pendency of any claim by the unit owner against the association or during any period the unit is not occupied by the unit owner or is leased or rented to any other person. While the new language is within the scope of current language, it is added for clarification.

AB781,20,6 (4) Statement. Any grantee of a unit is entitled to a statement from the association or the executive board, setting forth the amount of unpaid assessments against the grantor and the. The grantee is not liable for, nor shall the unit conveyed be subject to a lien which that is not filed under sub. (4) (3) for, any unpaid assessment against the grantor in excess of the amount set forth in the statement. If an association or a board of directors does not provide such a statement within 10 business days after the grantee's request, they are barred from claiming under any lien which that is not filed under sub. (4) (3) prior to the request for the statement against the grantee.

AB781,20,10 (5) Priority of lien. (intro.) All sums assessed by an association but unpaid for the share of the common expenses chargeable to any unit constitutes a lien on the unit and on the undivided interest in the common elements appurtenant thereto A lien under this section is prior to all other liens except:

AB781,20,11 (8) (form)

AB781,20,12 Statement of Condominium Lien

AB781,20,18 This is to certify that .................... owner(s) of unit No. ..... in .................... Condominium (is) (are) indebted to the association in the amount of $.......... as of .........., .... (year) for (his) (her) (its) (their) (proportionate share of common expenses of the Condominium) (damages to the condominium) (penalties for violation of condominium declaration, bylaws, or rules) for the period from (date) to (date), plus interest thereon at the rate of ....%, costs of collection, and actual attorney fees.

AB781,20,19 Association

AB781,20,20 By: ..........................

AB781,20,21 Officer's title (or agent)

AB781,20,22 Address

AB781,20,23 Phone number

AB781,21,3 I hereby affirm under penalties of perjury that the information contained in the foregoing Statement of Condominium Lien is true and correct to the best of my knowledge, information, and belief.

AB781,21,4 ...............................

AB781,21,5 Officer (or agent)

Note: See Sec. 34 of the bill, which creates an expanded definition of "assessments" for purposes of the above lien provisions.

AB781, s. 32 Section 32. 703.161 of the statutes is created to read:

AB781,21,8 703.161 Annual budget. (1) Application. This section applies to any condominium that includes at least one unit that is restricted to residential use.

AB781,21,10 (2) Requirement. An association annually shall adopt and distribute to all unit owners an annual budget setting forth all of the following:

AB781,21,13 (a) All anticipated common expenses and any amounts to be allocated to a statutory reserve account under s. 703.163 and to any other funds for future expenditures.

AB781,21,14 (b) The amount and purpose of any other anticipated association expenditure.

AB781,21,16 (c) The amount in any statutory reserve account under s. 703.163 or any other funds held for future expenditures.

AB781,21,17 (d) Any common surpluses.

AB781,21,18 (e) The amount and source of any income, other than unit owner assessments.

AB781,21,20 (f) The aggregate amount of any assessment to be levied against unit owners and the purpose of the assessment.

Note: Requires the condominium association for condominiums that include at least one unit that is restricted to residential use to annually adopt and distribute to all unit owners an annual budget setting forth:

1. All anticipated common expenses and any amounts to be allocated to a statutory reserve account and to any other funds for future expenditures.

2. The amount and purpose of any other anticipated association expenditure.

3. The amount in any statutory reserve account or any other funds held for future expenditures.

4. Any common surpluses.

5. The amount and source of any income, other than unit owner assessments.

6. The aggregate amount of any assessment to be levied against unit owners and the purpose of the assessment.

If there is a statutory reserve account for the condominium, the annual budget must provide reserve funds for the account. See s. 703.163 (8) (intro.), created by Sec. 33 of the bill, below.

AB781, s. 33 Section 33 . 703.163 of the statutes is created to read:

AB781,22,2 703.163 Statutory reserve account. (1) Definitions. In this section: