AB254: Bill Text

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 Section 65. 703.38 (10) of the statutes is renumbered 703.38 (10) (a) and amended to read:

AB254,50,14 703.38 (10) (a) Section Except as provided in par. (b), s. 703.02 (14m), 2001 stats., and s. 703.365 applies, 2001 stats., apply to condominiums created on or after April 22, 1986, and before the effective date of this paragraph .... [revisor inserts date], and to condominiums created before April 22, 1986, that elect to be subject to s. 703.02 (14m), 2001 stats., and s. 703.365, 2001 stats.

AB254, s. 66 Section 66. 703.38 (10) (b) of the statutes is created to read:

AB254,50,19 703.38 (10) (b) Sections 703.02 (14m) and 703.365 apply to condominiums created on or after the effective date of this paragraph .... [revisor inserts date], and to condominiums created before the effective date of this paragraph .... [revisor inserts date], that elect to be subject to ss. 703.02 (14m) and 703.365.

AB254, s. 67 Section 67. 703.38 (11) of the statutes is repealed.

AB254, s. 68 Section 68. 709.02 of the statutes is renumbered 709.02 (1).

AB254, s. 69 Section 69. 709.02 (2) of the statutes is created to read:

AB254,51,4 709.02 (2) In regard to a transfer of a condominium unit, as defined in s. 703.02 (15), the owner shall furnish, in addition to and at the same time as the information required under sub. (1), all the following information as an addendum to the real estate condition report under s. 709.03:

AB254,51,8 (a) The name of the condominium and the date the condominium was created by recording condominium instruments with the register of deeds under s. 703.07; the unit number of the property offered for sale; and the name, address, and telephone number of the seller or the seller's agent.

AB254,51,13 (b) The name and address of the condominium association; a statement specifying whether the association is self-managed or has hired or retained management; and the name, address, and telephone number of the individual who may be contacted as a representative of the association regarding the sale, in particular, or the condominium, in general.

AB254,51,16 (c) The amount of current condominium assessments, fees, special assessments, or other charges for which a unit owner is responsible and whether the current charges for the unit have been paid.

AB254,51,17 (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 Section 70 . 823.015 of the statutes is created to read:

AB254,52,4 823.015 Action against condominium association. If a city, village, town, or county may bring an action under this chapter to abate a nuisance and the failure of a condominium association under ch. 703 to perform its duties to maintain and control the common elements is a reason the nuisance has not been abated, the action may be brought against the condominium association whether it is incorporated or unincorporated.

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 Section 71 . Initial applicability.

AB254,52,10 (1) The treatment of section 703.08 (2) (intro.) of the statutes, the renumbering and amendment of section 703.08 (1) of the statutes, and the creation of section 703.08 (1) (a), (b), and (c) and (3) of the statutes first apply to notices to convert residential real property to a condominium that are delivered on the effective date of this subsection.

AB254,52,13 (2) The treatment of section 703.09 (1) (k) of the statutes first applies to condominium declarations that are submitted for recording on the effective date of this subsection.

AB254,52,16 (2m) The treatment of section 703.09 (2) and (4) of the statutes first applies to condominium declaration amendments that are submitted for recording on the effective date of this subsection.

AB254,52,19 (3) The treatment of section 703.11 (2) (c) of the statutes first applies to plats, or amendments to plats, that are submitted for recording on the effective date of this subsection.

AB254,52,21 (4) The treatment of section 703.11 (5) of the statutes first applies to addenda that are submitted for recording on the effective date of this subsection.

AB254,53,3 (5) The treatment of section 703.13 (6) (c) and (d) of the statutes first applies to boundary relocations for which written application is made on the effective date of this subsection.

AB254,53,5 (5m) The treatment of section 703.13 (8) of the statutes first applies to mergers for which notice is provided on the effective date of this subsection.

AB254,53,8 (6) The renumbering of section 703.16 (2) of the statutes and the creation of section 703.16 (2) (b) of the statutes first applies to condominiums that are created on the effective date of this subsection.

AB254,53,10 (6m) The treatment of section 703.19 (8) of the statutes first applies to condemnation proceedings commenced on the effective date of this subsection.

AB254,53,12 (7) The treatment of section 703.20 (3) of the statutes first applies to condominiums that are created on the effective date of this subsection.

AB254,53,14 (8) The treatment of section 703.24 of the statutes first applies to violations that are committed on the effective date of this subsection.

AB254,53,17 (9) The treatment of section 703.265 of the statutes first applies with respect to revisions or adoptions of building codes or zoning ordinances that take effect on the effective date of this subsection.

AB254,53,21 (10) The treatment of section 703.315 of the statutes first applies to condominium rental agreements that are renewed or entered into, or periodic tenancies that are commenced, on the first day of the 4th month beginning after the effective date of this subsection.

AB254,53,23 (11) The treatment of section 703.33 (1) (h), (1m), and (2) (intro.), (a) (form) 2., and (b) (form) 1. and 1c. of the statutes first applies to all of the following:

AB254,54,2 (a) With respect to condominiums that are created on or after the first day of the 6th month beginning after the effective date of this paragraph, to closings of sales of units that are scheduled to occur on the first day of the 6th month beginning after the effective date of this paragraph.

AB254,54,6 (b) With respect to condominiums that are created before the first day of the 6th month beginning after the effective date of this paragraph, to closings of sales of units that are scheduled to occur on the first day of the 19th month beginning after the effective date of this paragraph.

AB254,54,10 (11m) The treatment of section 703.33 (2) (a) (form) 3. and (c), (3), and (3c) of the statutes, the renumbering and amendment of section 703.33 (4) of the statutes, and the creation of section 703.33 (4) (b) and (c) of the statutes first apply to closings of sales of units that are scheduled to occur on the effective date of this subsection.

AB254,54,14 (12) The renumbering of section 709.02 of the statues and the creation of section 709.02 (2) of the statutes first applies to contracts of sale or option contracts, with respect to condominium units, that are accepted on the effective date of this subsection.

AB254, s. 72 Section 72. Effective date.

AB254,54,17 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB254,54,18 (End)