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.
703.11
703.11
Condominium plat. 703.11(1)(1)
To be filed for record. When any condominium instruments are recorded, the declarant shall file for record a condominium plat in a separate plat book maintained for condominium plats.
703.11(2)
(2) Required particulars. A condominium plat may consist of one or more sheets and shall contain at least the following particulars:
703.11(2)(a)
(a) The name of the condominium and county in which the property is located on each sheet of the plat. The name of the condominium must be unique in the county in which the condominium is located. If there is more than one sheet, each sheet shall be consecutively numbered and show the relation of that sheet number to the total number of sheets.
703.11(2)(am)
(am) A blank space at least 2.5 inches by 2.5 inches in size on the first sheet for recording use by the register of deeds.
703.11(2)(b)
(b) A survey of the property described in the declaration complying with minimum standards for property surveys adopted by the examining board of architects, landscape architects, professional engineers, designers and land surveyors and showing the location of any unit or building located or to be located on the property.
703.11(2)(c)
(c) Diagrammatic floor plans of each building located or to be located on the property which show the approximate dimensions, floor area and location of each unit in it. Common elements shall be shown graphically to the extent feasible.
703.11(2)(d)
(d) All survey maps and floor plans submitted for filing shall be legibly prepared with a binding margin of 1.5 inches on the left side and a one-inch margin on all other sides on durable white paper 14 inches in length and 22 inches in width with nonfading black image or reproduced with photographic silver haloid image on double matt polyester film of not less than 4 millimeter thickness and 14 inches long by 22 inches wide. The maps and plans shall be drawn to a convenient scale.
703.11(3)
(3) Designation of units. Every unit shall be designated on the condominium plat by the unit number. Unit numbers may not contain more than 8 numerals and must be unique throughout the condominium.
703.11(4)
(4) Surveyor's certificate. A condominium plat is sufficient for the purposes of this chapter if there is attached to or included in it a certificate of a licensed land surveyor authorized to practice that profession in this state that the plat is a correct representation of the condominium described and the identification and location of each unit and the common elements can be determined from the plat.
703.115
703.115
Local review of condominium instruments. 703.115(1)(1) A county may adopt an ordinance to require the review of condominium instruments before recording by persons employed by the county of recording or by a city, village or town that is located in whole or in part in the county of recording if the ordinance does all of the following:
703.115(1)(a)
(a) Requires the review to be completed within 10 working days after submission of the condominium instrument and provides that, if the review is not completed within this period, the condominium instrument is approved for recording.
703.115(1)(c)
(c) If the person performing the review approves the condominium instrument, requires the person to certify approval in writing, accompanied by his or her signature and title.
703.115(2)
(2) An ordinance adopted under this section may authorize the county to charge a fee that reflects the actual cost of performing the review.
703.115 History
History: 1997 a. 333.
703.12
703.12
Description of units. A description in any deed or other instrument affecting title to any unit which makes reference to the letter or number or other appropriate designation on the condominium plat together with a reference to the condominium instruments shall be a good and sufficient description for all purposes.
703.12 History
History: 1977 c. 407.
703.12 Annotation
Requirements of ch. 236 may not be used to legally describe condominium units.
75 Atty. Gen. 94.
703.13
703.13
Percentage interests. 703.13(1)
(1)
Undivided percentage interest in common elements. Every unit owner owns an undivided percentage interest in the common elements equal to that set forth in the declaration. Except as specifically provided in this chapter, all common elements shall remain undivided. Except as provided in this chapter, no unit owner, nor any other person, may bring a suit for partition of the common elements and any covenant or provision in any declaration, bylaws or other instrument to the contrary is void.
703.13(2)
(2) Rights to common surpluses. Common surpluses shall be disbursed as provided under
s. 703.16 (1).
703.13(3)
(3) Liability for common expenses. Except for the specially assessed common expenses, the amount of all common expenses shall be assessed as provided under
s. 703.16 (2).
703.13(4)
(4) Change in percentage interest. The percentage interests shall have a permanent character and, except as specifically provided by this chapter, may not be changed without the written consent of all of the unit owners and their mortgagees. Any change shall be evidenced by an amendment to the declaration and recorded among the appropriate land records. The percentage interests may not be separated from the unit to which they appertain. Any instrument, matter, circumstance, action, occurrence or proceeding in any manner affecting a unit also shall affect, in like manner, the percentage interests appurtenant to the unit.
703.13(5)(a)(a) A unit owner may make any improvements or alterations within his or her unit that do not impair the structural integrity or lessen the support of any portion of the condominium. A unit owner may not change the exterior appearance of a unit or of any other portion of the condominium without permission of the board of directors of the association.
703.13(5)(b)
(b) Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitation specified therein, a unit owner acquiring an adjoining or adjoining part of an adjoining unit, may remove all or any part of any intervening partition or create doorways or other apertures therein, even if the partition may in whole or in part be a common element, if those acts do not impair the structural integrity or lessen the support of any portion of the condominium. The creation of doorways or other apertures is not deemed an alteration of boundaries.
