703.38 Applicability to existing condominiums.
703.01
703.01
Condominium ownership act. This chapter shall be known as the "Condominium Ownership Act".
703.01 History
History: 1977 c. 407.
703.01 Annotation
State and federal regulation of condominiums. Minahan, 58 MLR 55.
703.01 Annotation
Condominium conversion and tenant rights-Wisconsin statutes section 703.08: What kind of protection does it really provide. Wynn, 63 MLR 73 (1979).
703.01 Annotation
Transferring Declarant Rights and Obligations Under the Wisconsin Condominium Ownership Act. Ishikawa. Wis. Law. Feb. 1992.
703.02
703.02
Definitions. In this chapter, unless the context requires otherwise:
703.02(1b)
(1b) "Addendum" means a condominium instrument that modifies a recorded condominium plat.
703.02(1d)
(1d) "Allocated interests" means the undivided percentage interest in the common elements, the liability for common expenses and the number of votes at meetings of the association appurtenant to each unit.
703.02(1h)
(1h) "Amendment" means a condominium instrument that modifies a recorded condominium declaration.
703.02(1m)
(1m) "Association" means all of a condominium's unit owners acting as a group, either through a nonstock, nonprofit corporation or an unincorporated association, in accordance with its bylaws and declaration.
703.02(2)
(2) "Common elements" mean all of a condominium except its units.
703.02(3)
(3) "Common expenses and common surpluses" mean the expenses and surpluses of an association.
703.02(4)
(4) "Condominium" means property subject to a condominium declaration established under this chapter.
703.02(5)
(5) "Condominium instruments" mean the declaration, plats and plans of a condominium together with any attached exhibits or schedules.
703.02(6)
(6) "Conversion condominium" means a structure which, before the recording of a condominium declaration, was wholly or partially occupied by persons other than those who have contracted for the purchase of condominium units and those who occupy with the consent of the purchasers.
703.02(6m)
(6m) "Correction instrument" means an instrument drafted by a licensed land surveyor that complies with the requirements of
s. 59.43 (2m) and that, upon recording, corrects an error in a condominium plat. "Correction instrument" does not include an instrument of conveyance.
703.02(7)
(7) "Declarant" means any owner who subjects his or her property to a condominium declaration established under this chapter.
703.02(8)
(8) "Declaration" means the instrument by which a property becomes subject to this chapter, and that declaration as amended from time to time.
703.02(9)
(9) "Expandable condominium" means a condominium to which additional property or units or both may be added in accordance with the provisions of a declaration and this chapter.
703.02(10)
(10) "Limited common elements" mean those common elements identified in a declaration or on a condominium plat as reserved for the exclusive use of one or more but less than all of the unit owners.
703.02(11)
(11) "Majority" or "majority of unit owners" mean the condominium unit owners with more than 50% of the votes assigned to the units in the condominium declaration.
703.02(12)
(12) "Mortgagee" means the holder of any recorded mortgage encumbering one or more units or a land contract vendor.
703.02(13)
(13) "Person" means an individual, corporation, partnership, association, trustee or other legal entity.
703.02(14)
(14) "Property" means unimproved land, land together with improvements on it or improvements without the underlying land. Property may consist of noncontiguous parcels or improvements.
703.02(14g)
(14g) "Removal instrument" means an instrument that complies with the requirements of
s. 59.43 (2m) and that removes property from the provisions of this chapter upon recording. "Removal instrument" does not include an instrument of conveyance.
703.02(14m)
(14m) "Small residential condominium" means a condominium with no more than 4 units, all of which are restricted to residential uses.
703.02(15)
(15) "Unit" means a part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space or one or more rooms or enclosed spaces located on one or more floors, or parts thereof, in a building. A unit may include 2 or more noncontiguous areas.
703.02(16)
(16) "Unit number" means the number identifying a unit in a declaration.
703.02(17)
(17) "Unit owner" means a person, combination of persons, partnership or corporation who holds legal title to a condominium unit or has equitable ownership as a land contract vendee.
703.02 Annotation
The definition of "unit" under sub. (15) encompasses a property on which there is no constructed unit. Aluminium Industries v. Camelot Trails,
194 Wis. 2d 575,
535 N.W.2d 74 (Ct. App. 1995).
703.03
703.03
Application of chapter. This chapter applies only to property, a sole owner or all of the owners of which submit the property to the provisions of this chapter by duly executing and recording a declaration as provided in this chapter.
703.03 History
History: 1977 c. 407.
703.04
703.04
Status of the units. A unit, together with its undivided interest in the common elements, for all purposes constitutes real property.
703.04 History
History: 1977 c. 407.
703.05
703.05
Ownership of units. A unit owner is entitled to the exclusive ownership and possession of his or her unit.
703.05 History
History: 1977 c. 407.
703.06
703.06
Alterations prohibited. Except as otherwise provided in this chapter, no unit owner may do any alteration which would jeopardize the soundness or safety of the property, reduce the value thereof, or impair any easement or hereditament.
703.06 History
History: 1977 c. 407.
703.07
703.07
Establishment of condominium. 703.07(1)
(1) A condominium may only be created by recording condominium instruments with the register of deeds of the county where the property is located. A condominium declaration and plat shall be presented together to the register of deeds for recording.
703.07(2)
(2) A condominium instrument, and all amendments, addenda and certifications of a condominium instrument, shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in the name of the declarant and the name of the condominium. Subsequent instruments affecting the title to a unit which is physically located entirely within a single county shall be recorded only in that county, notwithstanding the fact that the common elements are not physically located entirely within that county. Subsequent amendments and addenda shall be indexed under the name of the condominium.
703.07(3)
(3) All instruments affecting title to units shall be recorded and taxed as in other real property transactions.
703.07 History
History: 1977 c. 407;
1997 a. 333.
703.08
703.08
Notice prior to conversion of residential property to condominium. 703.08(1)(1) Residential real property may not be converted to a condominium unless the owner of the residential real property gives 120 days' prior written notice of the conversion to each of the tenants of the building or buildings scheduled for conversion. A tenant has the exclusive option to purchase the unit for a period of 60 days following the date of delivery of the notice.
703.08(2)
(2) A tenant may not be required to vacate the property during the period of the notice required under
sub. (1) except for:
703.08 History
History: 1977 c. 407.
703.08 Annotation
Condominium conversion and tenant rights-Wisconsin statutes section 703.08: What kind of protection does it really provide. Wynn, 63 MLR 73 (1979).
703.09(1)(1) A condominium declaration shall contain:
703.09(1)(a)
(a) The name and address of the condominium and the name shall include the word "condominium" or be followed by the words "a condominium".
703.09(1)(b)
(b) A description of the land on which the condominium is, or is to be, located, together with a statement of the owner's intent to subject the property to the condominium declaration established under this chapter.
703.09(1)(c)
(c) A general description of each unit, including its perimeters, location and any other data sufficient to identify it with reasonable certainty.
703.09(1)(d)
(d) A general description of the common elements together with a designation of those portions of the common elements that are limited common elements and the unit to which the use of each is restricted. Fixtures designed to serve a single unit, located contiguous to the unit's boundaries, are deemed limited common elements appertaining to that unit exclusively and need not be shown or designated as limited common elements in the condominium instruments.
703.09(1)(e)
(e) The percentage interests appurtenant to each unit.
703.09(1)(f)
(f) The number of votes at meetings of the association of unit owners appurtenant to each unit.
703.09(1)(g)
(g) Statement of the purposes for which the building and each of the units are intended and restricted as to use.
703.09(1)(h)
(h) The name of the person to receive service of process in the cases provided in this chapter, together with the address of that person and the method by which the association may designate a successor to the person.
703.09(1)(i)
(i) Provision as to the percentage of votes by the unit owners which shall be determinative of whether to rebuild, repair, restore or sell the property in the event of damage or destruction of all or part of the property.
703.09(1)(j)
(j) Any further details in connection with the property which the person executing the declaration deems desirable to set forth consistent with this chapter, except those provisions which are required to be included in the bylaws.
703.09(1)(k)
(k) A condominium declaration shall be signed by the owners of the property in the same manner as required in conveyances of real property.
703.09(2)
(2) Except as provided in
s. 703.26, a condominium declaration may be amended with the written consent of at least two-thirds of the unit owners or a greater percentage if provided in the declaration. An amendment becomes effective when it is recorded in the same manner as the declaration. A unit owner's written consent is not effective unless it is approved by the mortgagee of the unit, if any.
703.09(3)(a)(a) If an amendment to a condominium declaration has the effect of reducing the value of any unit owner's interest in any common element, including any limited common element, and increases the value of the declarant's or any other unit owner's interest in the common element or limited common element, then the declarant or other unit owner shall compensate the unit owner the value of whose interest is reduced in the amount of the reduction in value, either in cash or by other consideration acceptable to the unit owner.
703.09(3)(b)
(b) A unit owner may waive the right to obtain compensation under
par. (a) in writing.
703.09 History
History: 1977 c. 407;
1985 a. 188,
332.
703.09 Annotation
An amendment of a condominium declaration which changed a common area to a limited common area but did not change the owners' percentage interests in the common areas did not require unanimous approval of all owners and was valid. Any reduction in value due to the change from common area was recoverable under s. 703.09 (3) (a) by the owners whose condominium value decreased due to the change. Newport Condominium Association v. Concord-Wisconsin,
205 Wis. 2d 577,
556 N.W.2d 775 (Ct. App. 1996).
703.095
703.095
Modification and correction of recorded condominium instruments, amendments and addenda. A recorded condominium instrument, amendment or addendum may only be modified by recording an amendment, addendum or correction instrument, or by removal from the provisions of this chapter under
s. 703.28 (1). The register of deeds may not record a correction instrument if it does not refer to the instrument being corrected and may not record amendments and addenda unless they are numbered consecutively and bear the name of the condominium as it appears in the declaration.
703.095 History
History: 1997 a. 333.
703.10(1)(1)
Bylaws to govern administration. The administration of every condominium shall be governed by bylaws. Every unit owner shall comply strictly with the bylaws and with the rules adopted under the bylaws, as the bylaws or rules are amended from time to time, and with the covenants, conditions and restrictions set forth in the declaration or in the deed to the unit. Failure to comply with any of the bylaws, rules, covenants, conditions or restrictions is grounds for action to recover sums due, for damages or injunctive relief or both maintainable by the association or, in a proper case, by an aggrieved unit owner.
703.10(2)
(2) Required particulars. The bylaws shall express at least the following particulars:
703.10(2)(a)
(a) The form of administration, indicating whether the association shall be incorporated or unincorporated, and whether, and to what extent, the duties of the association may be delegated to a board of directors, manager or otherwise, and specifying the powers, manner of selection and removal of them.
703.10(2)(c)
(c) The method of calling the unit owners to assemble; the attendance necessary to constitute a quorum at any meeting of the association; the manner of notifying the unit owners of any proposed meeting; who presides at the meetings of the association, who keeps the minute book for recording the resolutions of the association and who counts votes at meetings of the association.
703.10(2)(d)
(d) The election by the unit owners of a board of directors of whom not more than one is a nonunit owner, the number of persons constituting the same and that the terms of at least one-third of the directors shall expire annually, the powers and duties of the board, the compensation, if any, of the directors, the method of removal from office of directors and whether or not the board may engage the services of a manager or managing agent.
703.10(2)(e)
(e) The manner of assessing against and collecting from unit owners their respective shares of the common expenses.
703.10(2)(f)
(f) The manner of borrowing money and acquiring and conveying property.
703.10(2m)
(2m) Limitation on enforcement of certain provisions. No bylaw or rule adopted under a bylaw and no covenant, condition or restriction set forth in a declaration or deed to a unit may be applied to discriminate against an individual in a manner described in
s. 106.50.
703.10(3)
(3) Permissible additional provisions. The bylaws also may contain any other provision regarding the management and operation of the condominium, including any restriction on or requirement respecting the use and maintenance of the units and the common elements.
703.10(4)
(4) Prohibiting voting by certain unit owners. The bylaws may contain a provision prohibiting any unit owner from voting at a meeting of the association if the association has recorded a statement of condominium lien on the person's unit and the amount necessary to release the lien has not been paid at the time of the meeting.
703.10(5)
(5) Amendment. The bylaws may be amended by the affirmative vote of unit owners having 67% or more of the votes. Each particular set forth in
sub. (2) shall be expressed in the bylaws as amended.
703.10(6)
(6) Title to condominium units unaffected by bylaws. Title to a condominium unit is not rendered unmarketable or otherwise affected by any provision of the bylaws or by reason of any failure of the bylaws to comply with the provisions of this chapter.
