703.365(4)(b)
(b) The floor plans under
s. 703.11 (2) (c) need only show the location and designation of each unit in the building and the limited common elements appurtenant to each unit of a small condominium. These plans may be supplemented by an agreement among all unit owners and mortgagees regarding the allocation of use and enjoyment of common elements, which agreement, in both its original and any amended form, shall be recorded.
703.365(5)(a)(a) Under
s. 703.15 (2), an association shall exist immediately upon establishment of a small condominium and the declarant shall have rights in the association only as an owner of a unit or units.
703.365(5)(b)
(b) Directors of a small condominium shall be chosen in accordance with
sub. (3) (c). The board of directors shall meet at least quarterly.
703.365(6)(a)(a) Paragraphs (b) to
(e) apply to a small condominium if any of the following criteria is met:
703.365(6)(a)1.
1. A proposed expenditure or action for the repair, maintenance or upkeep of the property, or for the operation of the property, is not approved by the board of directors and any unit owner believes the expenditure or action is necessary for the safety and proper use of the property or of the owner's unit.
703.365(6)(a)2.
2. An expenditure or action is approved by the board of directors and any unit owner believes the expenditure or action is contrary to the safety and proper use of the property or the owner's unit.
703.365(6)(b)
(b) The unit owner or owners challenging a decision of the board of directors described under
par. (a) 1. or
2. shall give written notice of the objection to all unit owners and mortgagees within 45 days after the decision but before any action is taken or expenditure is made. Upon receipt of this notice, the board of directors shall reconsider its decision and either affirm, reverse or modify the decision.
703.365(6)(c)
(c) The unit owner or owners may challenge the decision after reconsideration by the board of directors under
par. (b) only in an arbitration proceeding under
ch. 788. Acceptance of a conveyance of a small condominium that is subject to
pars. (b) to
(e) is deemed to constitute an agreement by the unit owner to submit challenges to decisions of the board of directors to arbitration.
703.365(6)(d)
(d) The board of directors, upon submission of the matter to arbitration as provided in
par. (c), shall name a proposed arbitrator. The unit owner or owners may accept the proposed arbitrator or propose a different arbitrator. If there is no agreement on a single arbitrator, the 2 arbitrators shall select a 3rd person and the 3 shall serve as an arbitration panel chaired by the 3rd person. The expense of the arbitration shall be shared equally by the association and the unit owner or owners challenging the decision of the board of directors.
703.365(6)(e)
(e) The arbitration award by the arbitration panel under
par. (d) shall permit or prohibit the decision and the decision shall not be implemented, if it is an affirmative action, until the award is final unless there is a bona fide emergency requiring it.
703.365(7)
(7) Expanding condominiums. Section 703.26 does not apply to a small condominium.
703.365(8)
(8) Disclosure requirements. The disclosure required for a small condominium under
s. 703.33 is limited to the disclosure required under
s. 703.33 (1) (a) to
(e), if applicable, and a copy of the condominium plat.
703.365 Note
NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.37
703.37
Interpretation. For purposes of interpretation of this chapter, a condominium is a form of ownership, not a form of land use, and is not a subdivision as defined in
ch. 236.
703.37 History
History: 1977 c. 407;
2003 a. 283.
703.37 Note
NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.37 Annotation
Condominiums are not a form of land use. A condominium unit set aside for commercial use runs afoul of a zoning ordinance prohibiting commercial use. When an intended commercial use did not comport with a town's zoning restrictions, approval of the condominium by the town was de facto rezoning. A town could not seek to avoid the restrictions of applicable extraterritorial zoning by aiming to define its action as something other than a zoning change. Village of Newburg v. Town of Trenton,
2009 WI App 139,
321 Wis. 2d 424,
773 N.W.2d 500,
08-2997.
703.38
703.38
Applicability to existing condominiums. 703.38(1)(1) Except as otherwise provided in this section and
s. 30.1335, this chapter is applicable to all condominiums, whether established before or after August 1, 1978. However, with respect to condominiums existing on August 1, 1978, the declaration, bylaws or condominium plat need not be amended to comply with the requirements of this chapter.
703.38(2)
(2) Section 703.10 (5) is not applicable to a condominium existing on August 1, 1978 if the existing declaration or bylaws provide otherwise.
703.38(3)
(3) Section 703.15 (4) (c) and
(d) 2. are not applicable to a condominium existing on August 1, 1978 if the existing declaration or bylaws provide otherwise.
703.38(4)
(4) Section 703.18 is applicable only to those condominiums which are damaged or destroyed on or after August 1, 1978.
703.38(5)
(5) Section 703.19 is applicable only to those eminent domain proceedings filed on or after August 1, 1978.
703.38(6)
(6) Unless a declarant elects to conform to the requirements of
s. 703.26,
s. 703.26 is not applicable to those condominiums created prior to August 1, 1978 under circumstances where the declarant reserved the right to expand the condominium.
703.38(7)
(7) Section 703.33 is applicable only to contracts executed after August 1, 1978.
703.38(8)
(8) Section 703.35 is applicable only to leases or management and similar contracts executed after August 1, 1978.
703.38(9)
(9) Unless the declaration is amended as provided under s.
703.09 (2), 1983 stats., to provide otherwise, a condominium created prior to April 22, 1986, is subject to s.
703.09 (2), 1983 stats., rather than
s. 703.09 (2).
703.38(10)(a)(a) Except as provided in
par. (b), s.
703.02 (14m), 2001 stats., and s.
703.365, 2001 stats., apply to condominiums created on or after April 22, 1986, and before November 1, 2004, 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.
703.38 Note
NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
