Correction instruments
Under current law, a correction instrument is an instrument drafted by a
professional land surveyor that, upon recording, corrects an error in a condominium
plat. The bill specifies that a correction instrument may be used only to correct
scrivener errors on a condominium plat, such as incorrect distances, angles,
directions, building or unit numbers, or street names.
Small condominiums
Current law provides alternative procedures for small condominiums. A small
condominium is a condominium with no more than 12 units. Under current law, an
agreement may be substituted for bylaws if approved by all of the unit votes in a
small condominium. Current law further provides that the affirmative vote or
written consent of all the unit votes of the small condominium is required to amend

such an agreement. Under the bill, 75 percent of the unit votes of the small
condominium are required to amend such an agreement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB612,1 1Section 1. 703.02 (1b) of the statutes is amended to read:
AB612,4,32 703.02 (1b) “Addendum" means a condominium an instrument that modifies
3a recorded condominium plat.
AB612,2 4Section 2. 703.02 (1h) of the statutes is amended to read:
AB612,4,95 703.02 (1h) “Amendment" means a condominium an instrument that modifies
6a recorded condominium declaration. “Amendment” includes a modification to a
7declaration to relocate unit boundaries under s. 703.13 (6), to separate or merge units
8under s. 703.13 (7) or (8), and to merge or consolidate a condominium under s.
9703.275.
AB612,3 10Section 3. 703.02 (3) of the statutes is amended to read:
AB612,4,1211 703.02 (3) “Common expenses and common surpluses" mean the expenses and
12surpluses of an association.
AB612,4 13Section 4. 703.02 (3m) of the statutes is created to read:
AB612,4,1414 703.02 (3m) “Common surpluses” mean the surpluses of an association.
AB612,5 15Section 5. 703.02 (6m) of the statutes is amended to read:
AB612,4,1916 703.02 (6m) “Correction instrument" means an instrument drafted by a
17professional land surveyor that complies with the requirements of s. 59.43 (2m) and
18that, upon recording, corrects an error in a condominium plat. “Correction
19instrument" does not include an instrument of conveyance.
AB612,6 20Section 6 . 703.02 (8m) of the statutes is created to read:
AB612,5,2
1703.02 (8m) “Deliver” includes to deliver by hand, U.S. mail, commercial
2delivery, facsimile transmission, or electronic means.
AB612,7 3Section 7. 703.02 (14g) of the statutes is amended to read:
AB612,5,74 703.02 (14g) “Removal instrument" means an instrument that complies with
5the requirements of s. 59.43 (2m) and
that removes property from the provisions of
6this chapter upon recording. “Removal instrument" does not include an instrument
7of conveyance.
AB612,8 8Section 8. 703.065 of the statutes is created to read:
AB612,5,11 9703.065 Recording requirements; general. Every instrument offered for
10record related to a condominium other than a plat or addendum shall satisfy all of
11the following criteria:
AB612,5,13 12(1) The instrument shall include the name of the condominium as it appears
13in the declaration.
AB612,5,15 14(2) The instrument shall be prepared in the standard format for recorded
15documents under s. 59.43 (2m) and (5) (a).
AB612,5,16 16(3) The instrument shall comply with s. 706.05 (2) (a) and (b).
AB612,5,21 17(4) If the instrument is a condominium instrument or an instrument that
18modifies a condominium instrument and the county in which the instrument is to be
19recorded has adopted an ordinance under s. 703.115, the instrument is accompanied
20by the certified written approval of the person who performed the review under the
21ordinance.
AB612,9 22Section 9 . 703.07 (2) of the statutes is amended to read:
AB612,6,723 703.07 (2) A condominium instrument, and all amendments, addenda and
24certifications of a condominium instrument, shall be recorded in every county in
25which any portion of the condominium is located, and shall be indexed in each county

1in the name of the declarant and the name of the condominium grantor and grantee
2and the description of the condominium property that is located in that county
.
3Subsequent instruments affecting the title to a unit which is physically located
4entirely within a single county shall be recorded only in that county, notwithstanding
5the fact that the common elements are not physically located entirely within that
6county. Subsequent amendments and addenda shall be indexed under the name of
7the condominium.
AB612,10 8Section 10. 703.08 (2) (intro.), (a) and (b) of the statutes are consolidated,
9renumbered 703.08 (2) and amended to read:
AB612,6,1310 703.08 (2) A tenant may not be required to vacate the property during the
11120-day period immediately following the date of delivery of the notice required
12under sub. (1) except for: (a) Violation of unless the tenant violates a covenant in the
13lease; or (b) Nonpayment of fails to pay rent.
AB612,11 14Section 11. 703.09 (1) (title) of the statutes is created to read:
AB612,6,1515 703.09 (1) (title) Requirements.
AB612,12 16Section 12. 703.09 (1c) (title) of the statutes is created to read:
AB612,6,1717 703.09 (1c) (title) Consent of property owners and mortgagees; declaration.
AB612,13 18Section 13. 703.09 (2) of the statutes is amended to read:
AB612,7,619 703.09 (2) Amendment. Except as provided in sub. (4) and ss. 703.093, 703.13
20(6) (c), (cm), and (d), (7) (b) and (bm), and (8) (b), (bm), and (bp), and 703.26, a
21condominium declaration may be amended with the written consent of at least
22two-thirds of the aggregate of the votes established under sub. (1) (f) or a greater
23percentage if provided in the declaration. An amendment becomes effective when
24it is recorded in the same manner as the declaration. The document submitting the
25amendment for recording shall state that the required consents and approvals for the

1amendment were received. Except as provided in sub. (2m), a unit owner's written
2consent is not effective unless it is approved in writing by the first mortgagee of the
3unit, or the holder of an equivalent security interest, if any. Approval from the first
4mortgage lender or equivalent security interest holder, or the person servicing the
5first mortgage loan or its equivalent on a unit, constitutes approval of the first
6mortgagee or equivalent security interest holder under this subsection.
AB612,14 7Section 14. 703.09 (2m) (title) of the statutes is created to read:
AB612,7,88 703.09 (2m) (title) Consent of unit owners and mortgagees; amendments.
AB612,15 9Section 15. 703.09 (3) (title) of the statutes is created to read:
AB612,7,1010 703.09 (3) (title) Compensation for reduction in value; amendments.
AB612,16 11Section 16. 703.09 (4) of the statutes is amended to read:
AB612,7,1712 703.09 (4) Assignment of declarant's interest. A declarant may assign his or
13her rights and obligations as a declarant under this chapter by recording an
14amendment to the declaration that includes the assignment and an acceptance of the
15assignment that is signed by the assignee and acknowledged. A declarant may not
16assign under this subsection less than all of his or her rights and obligations as a
17declarant under this chapter.
AB612,17 18Section 17 . 703.093 (1) of the statutes is amended to read:
AB612,7,2519 703.093 (1) As an alternative to s. 703.09 (2), a condominium declaration may
20be amended under this section if at least two-thirds of the aggregate of the votes
21established under s. 703.09 (1) (f), or a greater percentage if provided in the
22declaration, consent to the amendment in writing and those consents are approved
23by the mortgagees or holders of equivalent security interests in the units. An
24amendment becomes effective when it is recorded in the same manner as the
25declaration
.
AB612,18
1Section 18. 703.093 (7) of the statutes is amended to read:
AB612,8,62 703.093 (7) Any person acquiring a mortgage or equivalent security interest
3on a unit after the affidavit is recorded under sub. (2) may notify the association in
4writing of the mortgage or equivalent security interest lien, identifying the unit on
5which it holds a lien, and signify its approval of or objection to the proposed
6amendment to the declaration.
AB612,19 7Section 19. 703.095 of the statutes is renumbered 703.095 (1) and amended
8to read:
AB612,8,129 703.095 (1) Modifications. A recorded condominium instrument, amendment,
10or addendum may only be modified only by recording an amendment, addendum, or
11correction instrument, or by removal from the provisions of this chapter under s.
12703.28 (1).
AB612,8,15 13(2) Requirements. The register of deeds may not record an amendment,
14addendum, or correction instrument only if it does not refer the document complies
15with s. 703.065, if applicable, and satisfies all of the following criteria:
AB612,8,20 16(a) It refers to the condominium instrument, amendment, or addendum being
17modified or corrected, including the document number assigned to the document
18being modified
, and may not record an amendment or addendum unless it if volume
19and page numbers are assigned to the document being modified or corrected, the
20volume and page where the document is recorded.
AB612,8,23 21(b) It is numbered consecutively or and states that it is an amendment and
22restatement of the condominium instrument being modified or corrected , bears the
23name of the condominium as it appears in the declaration, and identifies
.
AB612,8,24 24(c) Identifies all units in the condominium.
AB612,20 25Section 20. 703.095 (2) (d) of the statutes is created to read:
AB612,9,2
1703.095 (2) (d) Clearly states the changes being made to the condominium
2instrument, amendment, or addendum it is modifying or correcting.
AB612,21 3Section 21. 703.095 (3) of the statutes is created to read:
AB612,9,64 703.095 (3) Correction instrument. A correction instrument may be used only
5to correct a scrivener error on a condominium plat, including erroneous distances,
6angles, directions, bearings, chords, building or unit numbers, and street names.
AB612,22 7Section 22. 703.10 (5) of the statutes is amended to read:
AB612,9,128 703.10 (5) Amendment. The bylaws may be amended by the affirmative vote
9of unit owners having 67 percent or more of the votes. Each particular set forth in
10sub. (2) shall be expressed in the bylaws as amended. Following an amendment to
11the bylaws, the association shall promptly deliver to each unit owner a copy of the
12approved amendment.
AB612,23 13Section 23. 703.11 (2) (b) of the statutes is renumbered 703.11 (2) (b) (intro.)
14and amended to read:
AB612,9,1615 703.11 (2) (b) (intro.) A survey of the property described in the declaration
16complying that satisfies all of the following criteria:
AB612,9,19 171. The survey complies with minimum standards for property surveys adopted
18by the examining board of architects, landscape architects, professional engineers,
19designers and professional land surveyors and showing .
AB612,9,21 202. The survey shows the location of any unit or building located or to be located
21on the property.
AB612,24 22Section 24. 703.11 (2) (b) 3. of the statutes is created to read:
AB612,9,2423 703.11 (2) (b) 3. The survey includes a clear and concise description of the
24surveyed property, as described in s. 236.34 (1m) (d) 2.
AB612,25 25Section 25. 703.11 (2) (d) of the statutes is amended to read:
AB612,10,5
1703.11 (2) (d) All survey maps and floor plans submitted for filing recording
2shall be legibly prepared with a binding margin of 1.5 inches on the left side and a
3one-inch margin on all other sides on durable white media that is 14 inches long by
422 inches wide with a permanent nonfading black image. The maps and plans shall
5be drawn to a convenient scale.
AB612,26 6Section 26. 703.11 (5) of the statutes is amended to read:
AB612,10,127 703.11 (5) Amendment Addendum. Except as provided in s. ss. 703.095 and
8703.265, amendment of a condominium plat may be modified only by an addendum
9that is not included as part of an amendment to the declaration shall be that is
10accomplished in the same manner as an amendment to the declaration under s.
11703.09 (2). An addendum is effective when it is recorded in the manner described
12under s. 703.07 (2)
.
AB612,27 13Section 27. 703.115 (1) (b) of the statutes is amended to read:
AB612,10,1814 703.115 (1) (b) Provides that a condominium instrument may be rejected only
15if it fails to comply with the applicable requirements of ss. 703.065, 703.095, 703.11
16(2) (a), (am), (c) and (d) and (3), 703.275 (5) (1m) (b) and 703.28 (1m) or if the
17professional land surveyor's certificate under s. 703.11 (4) is not attached to or
18included in the condominium plat.
AB612,28 19Section 28. 703.12 of the statutes is amended to read:
AB612,11,3 20703.12 Description of units. A description in any deed or other instrument
21affecting title to any unit, including a conveyance, as defined in s. 706.01 (4), that
22makes reference to the letter or, number, or other appropriate designation of the unit
23on the condominium plat together with a reference to the condominium instruments
24and
, the name of the condominium as it appears in the declaration, the name of the
25county where the condominium is located, the document numbers assigned to the

1declaration, and if volume and page numbers are assigned to the declaration, the
2volume and page where the declaration is recorded,
shall be a good and sufficient
3description for all purposes.
AB612,29 4Section 29. 703.13 (4) of the statutes is amended to read:
AB612,11,125 703.13 (4) Change in percentage interest. The percentage interests shall have
6a permanent character and, except as specifically provided by this chapter, may not
7be changed without the written consent of all of the unit owners and their
8mortgagees. Any change shall be evidenced by an amendment to the declaration and
9recorded among the appropriate land records. The percentage interests may not be
10separated from the unit to which they appertain. Any instrument, matter,
11circumstance, action, occurrence, or proceeding in any manner affecting a unit also
12shall affect, in like manner, the percentage interests appurtenant to the unit.
AB612,30 13Section 30 . 703.13 (6) (c) of the statutes is renumbered 703.13 (6) (c) (intro.)
14and amended to read:
AB612,11,1615 703.13 (6) (c) (intro.) An amendment to a declaration shall identify do all of the
16following:
AB612,11,19 171. Identify the units involved and shall state that the boundaries between those
18units are being relocated by agreement of the unit owners thereof. The amendment
19shall contain
AB612,11,22 202. Contain words of conveyance between those unit the owners, and when
21recorded shall also be indexed in the name of the grantor and grantee
of the units
22identified in subd. 1
.
AB612,12,2 233. If the adjoining unit owners have specified in their written application the
24reallocation between their units of the aggregate undivided interest in the common

1elements appertaining to those units, the amendment to the declaration shall reflect
2that reallocation.
AB612,12,6 3(cm) An amendment to a declaration under this paragraph par. (c) shall be
4adopted, at the option of the adjoining unit owners, either under s. 703.09 (2) or by
5the written consent of the owners of the adjoining units involved and the mortgagees
6of the adjoining units.
AB612,31 7Section 31. 703.13 (6) (d) of the statutes is amended to read:
AB612,12,148 703.13 (6) (d) If the adjoining unit owners have specified in their written
9application a reasonable reallocation, as determined by the board of directors, of the
10number of votes in the association or liabilities for future common expenses not
11specially assessed, appertaining to their units, an amendment modifications to the
12condominium instruments shall reflect those reallocations. An amendment to a
13declaration
under this paragraph shall be adopted in the manner specified in par. (c)
14(cm).
AB612,32 15Section 32. 703.13 (6) (e) of the statutes is amended to read:
AB612,12,1916 703.13 (6) (e) Plats and plans An addendum showing the altered boundaries
17and the dimensions thereof between adjoining units, and their identifying numbers
18or letters, shall be prepared. The plats and plans addendum shall be certified as to
19their its accuracy in compliance with this subsection by a professional land surveyor.
AB612,33 20Section 33. 703.13 (6) (f) of the statutes is amended to read:
AB612,13,221 703.13 (6) (f) After appropriate instruments have been prepared and executed,
22they shall be delivered promptly to the adjoining unit owners upon payment by them
23of all reasonable charges costs for the preparation thereof. Those instruments are
24effective when the adjoining unit owners have executed them and they are recorded
25in the name of the grantor and grantee. The recordation thereof is conclusive

1evidence that the relocation of boundaries did not violate any restriction or limitation
2in
the condominium instruments.
AB612,34 3Section 34. 703.13 (7) (a) of the statutes is renumbered 703.13 (7) (am).
AB612,35 4Section 35. 703.13 (7) (ac) of the statutes is created to read:
AB612,13,65 703.13 (7) (ac) In this subsection, “separator” means a person proposing the
6separation of a unit.
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