AB254,47,21 17(3) Bylaws. (a) Notwithstanding s. 703.10 (2) (a), all aspects of the
18management, operation, and duties of the association of a small residential
19condominium shall be delegated to the board of directors, which may retain a
20manager, including a master association under s. 703.155, for the small residential
21condominium, and the bylaws shall so specify.
Note: Expressly allows a small condominium to utilize a master association.
AB254,48,3
1(b) Under s. 703.10 (2) (c), notice of meetings shall be given in a manner best
2calculated to assure that actual notice is received by the owners of all units of a small
3residential condominium, and the bylaws shall so specify.
AB254,48,64 (c) Section 703.10 (2) (d) does not apply to a small residential condominium.
5The board of directors shall be composed of one representative from each unit, chosen
6by and from among the unit owners of that unit.
AB254,48,97 (d) All actions taken by the board of directors of a small residential
8condominium under this chapter must be approved by an affirmative vote or written
9consent of at least 75% of the board.
AB254,48,1010 (e) Section 703.10 (4) does not apply to a small residential condominium.
AB254, s. 62 11Section 62. 703.365 (3m) of the statutes is created to read:
AB254,48,1712 703.365 (3m) Agreement in lieu of bylaws. If approved by written consent of
13all of the unit votes of a small condominium, an agreement may be substituted for
14the bylaws under sub. (3). The terms of the agreement shall include the
15requirements of sub. (3) (a) to (d) and shall be consistent with this section. An
16amendment to an agreement may be made with the affirmative vote or written
17consent of all the unit votes of the small condominium.
Note: Authorizes a small condominium, if approved by written consent of all of the
unit votes, to substitute an agreement for the bylaws. The terms of the agreement must
include the requirements of current s. 703.365 (3) and must otherwise be consistent with
s. 703.365. An amendment to an agreement may be made with affirmative vote or written
consent of all of the unit votes of the small condominium. Compare ss. 180.1823 and
180.1825, stats., relating to agreements in place of bylaws for statutory close
corporations.
AB254, s. 63 18Section 63 . 703.365 (4), (5), (6) (a) (intro.) and (c), (7) and (8) of the statutes
19are amended to read:
AB254,49,3
1703.365 (4) Condominium plat. (a) The survey under s. 703.11 (2) (b) shall be
2an as-built survey of the property described in the declaration, building, and other
3improvements on the land which that are part of the small residential condominium.
AB254,49,94 (b) The floor plans under s. 703.11 (2) (c) need only show the location and
5designation of each unit in the building and the limited common elements
6appurtenant to each unit of a small residential condominium. These plans may be
7supplemented by an agreement among all unit owners and mortgagees regarding the
8allocation of use and enjoyment of common elements, which agreement, in both its
9original and any amended form, shall be recorded.
AB254,49,12 10(5) Association. (a) Under s. 703.15 (2), an association shall exist immediately
11upon establishment of a small residential condominium and the declarant shall have
12rights in the association only as an owner of a unit or units.
AB254,49,1413 (b) Directors of a small residential condominium shall be chosen in accordance
14with sub. (3) (c). The board of directors shall meet at least quarterly.
AB254,49,1615 (c) Unless included in the bylaws, s. 703.15 (4) (b) to (d) does not apply to a small
16residential condominium.
AB254,49,18 17(6) (a) (intro.) Paragraphs (b) to (e) apply to a small residential condominium
18if any of the following criteria is met:
AB254,49,2319 (c) The unit owner or owners may challenge the decision after reconsideration
20by the board of directors under par. (b) only in an arbitration proceeding under ch.
21788. Acceptance of a conveyance of a small residential condominium which that is
22subject to pars. (b) to (e) is deemed to constitute an agreement by the unit owner to
23submit challenges to decisions of the board of directors to arbitration.
AB254,49,25 24(7) Expanding condominiums. Section 703.26 does not apply to a small
25residential condominium.
AB254,50,3
1(8) Disclosure requirements. The disclosure required for a small residential
2condominium under s. 703.33 shall be is limited to the disclosure required under s.
3703.33 (1) (a) to (e), if applicable, and a copy of the condominium plat.
AB254, s. 64 4Section 64. 703.37 of the statutes is amended to read:
AB254,50,7 5703.37 Interpretation. For purposes of interpretation of this chapter, a
6condominium is a form of ownership, not a form of land use, and is not a subdivision
7as defined in ch. 236.
Note: Clarifies the current interpretation directive which provides that, for
purposes of interpreting ch. 703, a condominium is not a subdivision under ch. 236, stats.,
by adding the statement that a condominium is "a form of ownership, not a form of land
use".
AB254, s. 65 8Section 65. 703.38 (10) of the statutes is renumbered 703.38 (10) (a) and
9amended to read:
AB254,50,1410 703.38 (10) (a) Section Except as provided in par. (b), s. 703.02 (14m), 2001
11stats., and s.
703.365 applies, 2001 stats., apply to condominiums created on or after
12April 22, 1986, and before the effective date of this paragraph .... [revisor inserts
13date],
and to condominiums created before April 22, 1986, that elect to be subject to
14s. 703.02 (14m), 2001 stats., and s. 703.365, 2001 stats.
AB254, s. 66 15Section 66. 703.38 (10) (b) of the statutes is created to read:
AB254,50,1916 703.38 (10) (b) Sections 703.02 (14m) and 703.365 apply to condominiums
17created on or after the effective date of this paragraph .... [revisor inserts date], and
18to condominiums created before the effective date of this paragraph .... [revisor
19inserts date], that elect to be subject to ss. 703.02 (14m) and 703.365.
AB254, s. 67 20Section 67. 703.38 (11) of the statutes is repealed.
AB254, s. 68 21Section 68. 709.02 of the statutes is renumbered 709.02 (1).
AB254, s. 69 22Section 69. 709.02 (2) of the statutes is created to read:
AB254,51,4
1709.02 (2) In regard to a transfer of a condominium unit, as defined in s. 703.02
2(15), the owner shall furnish, in addition to and at the same time as the information
3required under sub. (1), all the following information as an addendum to the real
4estate condition report under s. 709.03:
AB254,51,85 (a) The name of the condominium and the date the condominium was created
6by recording condominium instruments with the register of deeds under s. 703.07;
7the unit number of the property offered for sale; and the name, address, and
8telephone number of the seller or the seller's agent.
AB254,51,139 (b) The name and address of the condominium association; a statement
10specifying whether the association is self-managed or has hired or retained
11management; and the name, address, and telephone number of the individual who
12may be contacted as a representative of the association regarding the sale, in
13particular, or the condominium, in general.
AB254,51,1614 (c) The amount of current condominium assessments, fees, special
15assessments, or other charges for which a unit owner is responsible and whether the
16current charges for the unit have been paid.
AB254,51,1717 (d) A copy of the executive summary required under s. 703.33 (1) (h).
Note: Requires an owner of a condominium unit who is transferring ownership of
the unit to include certain information in an addendum to the real estate condition report
pertaining to the condominium unit. The information must include the name of the
condominium and other identifying information; the condominium association and
management authority; and the amount of current condominium assessments, fees, and
other charges for which a unit owner is responsible and whether the current charges have
been paid. The addendum must also include a copy of the executive summary under s.
703.33 (1) (h), stats., as created in Sec. 47 of the bill, if an executive summary is required
under the initial applicability schedule set forth in Sec. 69 (11) of the bill.
AB254, s. 70 18Section 70 . 823.015 of the statutes is created to read:
AB254,52,4 19823.015 Action against condominium association. If a city, village, town,
20or county may bring an action under this chapter to abate a nuisance and the failure

1of a condominium association under ch. 703 to perform its duties to maintain and
2control the common elements is a reason the nuisance has not been abated, the action
3may be brought against the condominium association whether it is incorporated or
4unincorporated.
Note: Allows a city, village, town, or county to proceed directly against a
condominium association in an action to abate a nuisance if the city, village, town, or
county may bring the abatement action under ch. 823 (nuisances) and the failure of the
condominium association to perform its duties to maintain and control the common
elements is a reason the nuisance has not been abated.
AB254, s. 71 5Section 71 . Initial applicability.
AB254,52,106 (1) The treatment of section 703.08 (2) (intro.) of the statutes, the renumbering
7and amendment of section 703.08 (1) of the statutes, and the creation of section
8703.08 (1) (a), (b), and (c) and (3) of the statutes first apply to notices to convert
9residential real property to a condominium that are delivered on the effective date
10of this subsection.
AB254,52,1311 (2) The treatment of section 703.09 (1) (k) of the statutes first applies to
12condominium declarations that are submitted for recording on the effective date of
13this subsection.
AB254,52,1614 (2m) The treatment of section 703.09 (2) and (4) of the statutes first applies to
15condominium declaration amendments that are submitted for recording on the
16effective date of this subsection.
AB254,52,1917 (3) The treatment of section 703.11 (2) (c) of the statutes first applies to plats,
18or amendments to plats, that are submitted for recording on the effective date of this
19subsection.
AB254,52,2120 (4) The treatment of section 703.11 (5) of the statutes first applies to addenda
21that are submitted for recording on the effective date of this subsection.
AB254,53,3
1(5) The treatment of section 703.13 (6) (c) and (d) of the statutes first applies
2to boundary relocations for which written application is made on the effective date
3of this subsection.
AB254,53,54 (5m) The treatment of section 703.13 (8) of the statutes first applies to mergers
5for which notice is provided on the effective date of this subsection.
AB254,53,86 (6) The renumbering of section 703.16 (2) of the statutes and the creation of
7section 703.16 (2) (b) of the statutes first applies to condominiums that are created
8on the effective date of this subsection.
AB254,53,109 (6m) The treatment of section 703.19 (8) of the statutes first applies to
10condemnation proceedings commenced on the effective date of this subsection.
AB254,53,1211 (7) The treatment of section 703.20 (3) of the statutes first applies to
12condominiums that are created on the effective date of this subsection.
AB254,53,1413 (8) The treatment of section 703.24 of the statutes first applies to violations
14that are committed on the effective date of this subsection.
AB254,53,1715 (9) The treatment of section 703.265 of the statutes first applies with respect
16to revisions or adoptions of building codes or zoning ordinances that take effect on
17the effective date of this subsection.
AB254,53,2118 (10) The treatment of section 703.315 of the statutes first applies to
19condominium rental agreements that are renewed or entered into, or periodic
20tenancies that are commenced, on the first day of the 4th month beginning after the
21effective date of this subsection.
AB254,53,2322 (11) The treatment of section 703.33 (1) (h), (1m), and (2) (intro.), (a) (form) 2.,
23and (b) (form) 1. and 1c. of the statutes first applies to all of the following:
AB254,54,224 (a) With respect to condominiums that are created on or after the first day of
25the 6th month beginning after the effective date of this paragraph, to closings of sales

1of units that are scheduled to occur on the first day of the 6th month beginning after
2the effective date of this paragraph.
AB254,54,63 (b) With respect to condominiums that are created before the first day of the
46th month beginning after the effective date of this paragraph, to closings of sales
5of units that are scheduled to occur on the first day of the 19th month beginning after
6the effective date of this paragraph.
AB254,54,107 (11m) The treatment of section 703.33 (2) (a) (form) 3. and (c), (3), and (3c) of
8the statutes, the renumbering and amendment of section 703.33 (4) of the statutes,
9and the creation of section 703.33 (4) (b) and (c) of the statutes first apply to closings
10of sales of units that are scheduled to occur on the effective date of this subsection.
AB254,54,1411 (12) The renumbering of section 709.02 of the statues and the creation of
12section 709.02 (2) of the statutes first applies to contracts of sale or option contracts,
13with respect to condominium units, that are accepted on the effective date of this
14subsection.
AB254, s. 72 15Section 72. Effective date.
AB254,54,1716 (1) This act takes effect on the first day of the 7th month beginning after
17publication.
AB254,54,1818 (End)
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