AB598,38 6Section 38. 703.13 (7) (c) of the statutes is amended to read:
AB598,14,117 703.13 (7) (c) Plats and plans An addendum showing the boundaries and
8dimensions separating the new units together with their other boundaries and their
9new identifying numbers or letters shall be prepared. The plats and plans addendum
10shall be certified as to their its accuracy and compliance with this subsection by a
11professional land surveyor.
AB598,39 12Section 39. 703.13 (7) (d) of the statutes is amended to read:
AB598,14,1913 703.13 (7) (d) After appropriate instruments have been prepared and executed,
14they shall be delivered promptly to the separator upon payment by him or her of all
15reasonable cost for their preparation. Those instruments are effective when the
16separator has executed them and they are recorded in the name of the separator. The
17recording of the instruments is conclusive evidence that the separation did not
18violate any restrictions or limitation specified by the condominium instruments and
19that any reallocations made under this subsection were reasonable.
AB598,40 20Section 40 . 703.13 (8) (b) of the statutes is amended to read:
AB598,14,2321 703.13 (8) (b) If the unit owners of adjoining units that may be merged desire
22to merge the units, the unit owners, after 30 days' written notice to all other unit
23owners, shall prepare and execute appropriate instruments under this subsection.
AB598,14,25 24(bm) An amendment to the condominium instruments shall assign do all of the
25following:
AB598,15,2
11. Assign a new identifying number to the new unit created by the merger of
2the units and shall allocate.
AB598,15,5 32. Allocate to the new unit all of the undivided interest in the common elements
4and rights to use the limited common elements and the votes in the association
5formerly appertaining to the separate units. The amendment shall reflect
AB598,15,7 63. Reflect an allocation to the new unit of the liability for common expenses and
7rights to common surpluses formerly appertaining to the separate units.
AB598,15,11 8(bp) An amendment to a declaration under this paragraph par. (bm) shall be
9adopted either under s. 703.09 (2) or by the written consent of the owners of the units
10to be merged, the mortgagees of those units, if any, and the board of directors of the
11association.
AB598,41 12Section 41. 703.13 (8) (c) of the statutes is amended to read:
AB598,15,1613 703.13 (8) (c) Plats and plans An addendum showing the boundaries and
14dimensions of the new unit together with the new identifying number or letter shall
15be prepared. The plats and plans addendum shall be certified as to their its accuracy
16and compliance with this subsection by a professional land surveyor.
AB598,42 17Section 42. 703.163 (11) of the statutes is amended to read:
AB598,15,2318 703.163 (11) Recording of statutory reserve account statement. Each
19statutory reserve account statement executed under this section shall bear the name
20of the condominium as it appears on the declaration, shall be prepared in the
21standard format for recorded documents under s. 59.43 (2m) and (5) (a), shall comply
22with s. 706.05 (2) (a) and (b)
, and shall be recorded with the register of deeds of the
23county where the condominium instruments are recorded.
AB598,43 24Section 43. 703.165 (3) of the statutes is amended to read:
AB598,16,14
1703.165 (3) Assessments constitute lien. All assessments, until paid,
2together with interest on them and actual costs of collection, constitute a lien on the
3units on which they are assessed, if a statement of lien is filed within 2 years after
4the date the assessment becomes due. The lien is effective against a unit at the time
5the assessment became due regardless of when within the 2-year period it is filed.
6A statement of condominium lien is filed in the land records of with the clerk of circuit
7court of the county where the unit is located, stating the description of the unit, the
8name of the record owner, the amount due and the period for which the assessment
9was due. The clerk of circuit court shall index the statement of condominium lien
10under the name of the record owner in the judgment and lien docket. The statement
11of condominium lien shall be signed and verified by an officer or agent of the
12association as specified in the bylaws and then may be filed. On full payment of the
13assessment for which the lien is claimed, the unit owner shall be entitled to a
14satisfaction of the lien that may be filed with the clerk of circuit court.
AB598,44 15Section 44. 703.19 (5) of the statutes is amended to read:
AB598,16,2416 703.19 (5) Adjustment of percentage interests following taking; effect of
17taking on votes appurtenant to unit.
Following the taking of all or a part of any unit,
18the percentage interests appurtenant to the unit shall be adjusted in proportion as
19provided in the condominium instruments or bylaws. The association promptly shall
20prepare and record an amendment to the declaration reflecting the new percentage
21interests appurtenant to the unit. Subject to sub. (7), following the taking of part of
22a unit, the votes appurtenant to that unit shall be appurtenant to the remainder of
23that unit, and following the taking of all of a unit, the right to vote appurtenant to
24the unit shall terminate.
AB598,45 25Section 45. 703.26 (2) (intro.) of the statutes is amended to read:
AB598,17,3
1703.26 (2) Conditions to which reservation subject. (intro.) A reservation of
2the right to expand a condominium is subject to all of the following conditions
3provided in this subsection.:
AB598,46 4Section 46. 703.26 (2) (a) of the statutes is amended to read:
AB598,17,65 703.26 (2) (a) A The declaration establishing a the condominium shall describe
6describes each parcel of property which that may be added to the condominium.
AB598,47 7Section 47. 703.26 (2) (b) of the statutes is renumbered 703.26 (2) (b) 1. (intro.)
8and amended to read:
AB598,17,109 703.26 (2) (b) 1. (intro.) A The declaration establishing a the condominium
10shall show the shows all of the following:
AB598,17,12 11a. The maximum number of units which that may be added, and the to the
12condominium.
AB598,17,15 13b. The percentage interests in the common elements, the liabilities for common
14expenses, and the rights to common surpluses , and the appurtenant to each unit
15following the addition of property to the condominium.
AB598,17,19 16c. The number of votes appurtenant to each unit following the addition of
17property to the condominium, if added. The percentage interests in the common
18elements, the liabilities for common expenses and the rights to common surpluses,

19and the number of votes that each unit owner will have
AB598,17,22 202. The information under subd. 1. b. and c. may be shown by reference to a
21formula or other appropriate method of determining them following each expansion
22of the condominium.
AB598,48 23Section 48. 703.26 (2) (c) of the statutes is amended to read:
AB598,18,224 703.26 (2) (c) A condominium The plat for an the original condominium shall
25include, in general terms,
includes the outlines of the land, and, in general terms, the

1location of the
buildings, and common elements of new property that may be added
2to the condominium.
AB598,49 3Section 49 . 703.26 (2) (d) of the statutes is amended to read:
AB598,18,64 703.26 (2) (d) In a declaration establishing a condominium, a The right to
5expand the condominium may be is reserved in the declaration for a period not
6exceeding 10 years from the date of recording of the declaration.
AB598,50 7Section 50. 703.26 (3) of the statutes is amended to read:
AB598,18,108 703.26 (3) Recordation of Recording amendments to declaration and plat
9addenda. (a) If the conditions of sub. (2) are complied with met, property may be
10added to a condominium if the declarant records an all of the following:
AB598,18,13 111. An amendment to the declaration, showing that shows the new percentage
12interests of the unit owners, and the votes which that each unit owner may cast in
13the condominium as expanded, and records an.
AB598,18,16 142. An addendum to the condominium plat that includes the detail and
15information concerning the new property as required in the original condominium
16that is required for a plat under s. 703.11 (2), (3), and (4).
AB598,18,1817 (b) On recording of an amendment of a declaration and an addendum to a plat
18under par. (a), each unit owner, by operation of law, has the all of the following:
AB598,18,21 191. The percentage interests in the common elements, liabilities in the common
20expenses, and rights to common surpluses, and shall have the as set forth in the
21amendment.
AB598,18,23 222. The number of votes, appurtenant to the unit owner's unit, as set forth in the
23amendment to the declaration.
AB598,19,3
1(c) Following any expansion, the interest of any mortgagee shall attach, by
2operation of law, to the new percentage interests in the common elements
3appurtenant to the unit on which it is a lien.
AB598,51 4Section 51. 703.26 (3) (d) of the statutes is created to read:
AB598,19,75 703.26 (3) (d) Property included in a reservation of the right to expand is not
6subject to the condominium declaration and is not part of the condominium until an
7amendment and addendum adding the property to the condominium are recorded.
AB598,52 8Section 52. 703.265 (3) of the statutes is amended to read:
AB598,19,109 703.265 (3) An addendum made under this section shall be recorded as
10provided under s. 703.095 (2).
AB598,53 11Section 53 . 703.275 (1) (title) of the statutes is renumbered 703.275 (1m)
12(title).
AB598,54 13Section 54. 703.275 (1) of the statutes is renumbered 703.275 (1m) (a) and
14amended to read:
AB598,19,2415 703.275 (1m) (a) Any 2 or more condominiums, including 2 or more small
16condominiums or any combination of small condominiums and other condominiums,
17by agreement of the unit owners as provided in this section, may be merged or
18consolidated into a single condominium. Unless the agreement otherwise provides,
19the resultant condominium resulting from a merger or consolidation is, for all
20purposes, the legal successor of all of the preexisting condominiums and the
21operations and activities of all associations of the preexisting condominiums shall be
22merged or consolidated into a single association which shall hold all powers, rights,
23obligations, assets and liabilities of the preexisting associations. The resultant
24condominium must shall bear the name of one of the preexisting condominiums.
AB598,55 25Section 55. 703.275 (1c) of the statutes is created to read:
AB598,20,1
1703.275 (1c) Definitions. In this section:
AB598,20,32 (a) “Preexisting condominium” means a condominium that existed before a
3merger or consolidation under this section.
AB598,20,64 (b) “Restatement of the declaration of a resultant condominium” means an
5amendment to the declaration of the preexisting condominium that bears the same
6name as the resultant condominium that complies with s. 703.09.
AB598,20,87 (c) “Resultant condominium” means a condominium that results from a merger
8or consolidation under this section.
AB598,20,119 (d) “Resultant condominium plat” means an addendum to the plat of the
10preexisting condominium that bears the same name as the resultant condominium
11that complies with s. 703.11.
AB598,56 12Section 56. 703.275 (1m) (b) of the statutes is created to read:
AB598,20,1513 703.275 (1m) (b) 1. Except as otherwise provided in this section, a resultant
14condominium may be created only by recording all of the following, as provided under
15s. 703.07:
AB598,20,1716 a. A restatement of the declaration of the resultant condominium that includes
17the merger or consolidation agreement.
AB598,20,1818 b. A resultant condominium plat.
AB598,20,2019 2. a. The documents under subd. 1. shall be presented together to the register
20of deeds for recording.
AB598,20,2321 b. The register of deeds may not record a resultant condominium plat without
22the restatement of the declaration of the resultant condominium and the merger or
23consolidation agreement.
AB598,21,624 c. On the plat of each preexisting condominium that is merged or consolidated
25to create a resultant condominium, the register of deeds shall reference the

1document number of the resultant condominium plat and, if the plat of the resultant
2condominium is assigned a volume and page number, the volume and page where the
3resultant condominium plat is recorded and shall note that the preexisting
4condominium was merged or consolidated. In a county that maintains a tract index
5pursuant to s. 59.43 (12m), the register of deeds shall make references to document
6numbers in the tract index.
AB598,57 7Section 57. 703.275 (5) of the statutes is repealed.
AB598,58 8Section 58 . 703.28 (1m) (a) of the statutes is repealed.
AB598,59 9Section 59 . 703.28 (1m) (b) of the statutes is renumbered 703.28 (1m) and
10amended to read:
AB598,21,1511 703.28 (1m) Before a certified survey map, condominium plat, subdivision plat
12or other plat may be recorded and filed for the same property that is subject to a
13condominium declaration
, the condominium shall first be removed from the
14provisions of this chapter by recording a removal instrument. This subdivision does
15not apply to a merger or consolidation under s. 703.275.
AB598,60 16Section 60 . 703.30 (2) of the statutes is amended to read:
AB598,21,2517 703.30 (2) Substantial conformity of condominium instruments and bylaws
18sufficient.
The provisions of any condominium instruments recorded and any
19bylaws filed required under this chapter shall be liberally construed to facilitate the
20creation and operation of the condominium. So long as the condominium
21instruments and bylaws substantially conform with the requirements of this
22chapter, no variance from the requirements shall affect the condominium status of
23the property in question nor the title of any unit owner to his or her unit, votes and
24percentage interests in the common elements and in common expenses and common
25surpluses.
AB598,61
1Section 61. 703.365 (3m) of the statutes is amended to read:
AB598,22,72 703.365 (3m) Agreement in lieu of bylaws. If approved by written consent of
3all of the unit votes of a small condominium, an agreement may be substituted for
4the bylaws under sub. (3). The terms of the agreement shall include the
5requirements of sub. (3) (a) to (d) and shall be consistent with this section. An
6amendment to an agreement may be made with the affirmative vote or written
7consent of all 75 percent of the unit votes of the small condominium.
AB598,62 8Section 62. 706.01 (7r) (b) of the statutes is amended to read:
AB598,22,109 706.01 (7r) (b) By condominium name, and unit number, and appurtenance
10number
in a platted condominium development.
AB598,63 11Section 63. Initial applicability.
AB598,22,1412 (1) Recording and indexing requirements. The treatment of ss. 703.065,
13703.07 (2), and 703.12 first applies to deeds and other instruments that are
14submitted for recording on the effective date of this subsection.
AB598,22,1715 (2) Bylaws. The treatment of s. 703.10 (5) first applies to an amendment to
16condominium bylaws that is approved under s. 703.10 on the effective date of this
17subsection.
AB598,22,2018 (3) Local ordinance; review of condominium instruments. The treatment of
19s. 703.115 (1) (b) first applies to an ordinance adopted on the effective date of this
20subsection.
AB598,64 21Section 64 . Effective date.
AB598,22,2322 (1) This act takes effect on first day of the 7th month beginning after
23publication.
AB598,22,2424 (End)
Loading...
Loading...