703.24 703.24 Remedies for violations by unit owner or tenant of a unit owner.
703.24(1)(1)Definition. In this section, “violation" means failure to comply with this chapter or the declaration, bylaws, or association rules.
703.24(2) (2)Liability for unit owner violation. A unit owner who commits a violation is liable for any charges, fines, or assessments imposed by the association pursuant to the bylaws or association rules as a result of the violation and may be subject to a temporary or permanent injunction.
703.24(3) (3)Liability for violation by tenant.
703.24(3)(a)(a) If a tenant of a unit commits a violation that results in a charge, fine, or assessment imposed by the association pursuant to the bylaws or association rules, the tenant is liable for the charge, fine, or assessment.
703.24(3)(b) (b) If the association complies with the notice requirement of sub. (4), the owner of the unit occupied by the tenant when the violation occurred is liable for any charges, fines, or assessments imposed by the association for which the tenant is liable under par. (a) that are not paid by the tenant within 30 days after receiving the notice under sub. (4). This paragraph does not affect the liability of the tenant to the unit owner for any charges, fines, or assessments paid by the unit owner under this paragraph.
703.24(4) (4)Notice requirement for violation by tenant. If an association imposes a charge, fine, or assessment as a result of a violation by a tenant of a unit in the condominium, the association shall give notice to the tenant by any method under s. 704.21 (1) (a) to (e) and to the owner of the unit occupied by the tenant by any method under s. 704.21 (2) (a) to (d). The notice shall include all of the following:
703.24(4)(a) (a) The amount of charges, fines, or assessments for which the tenant is liable.
703.24(4)(b) (b) Notice that if the tenant fails to pay the association the amount for which the tenant is liable within 30 days after the tenant receives the notice, the owner is liable to the association for the amount unpaid by the tenant although the tenant may be liable to the unit owner for any amounts the unit owner pays.
703.24(5) (5)Other liability not affected. This section does not otherwise affect the liability of a unit owner or tenant who commits a violation.
703.24 History History: 1977 c. 407; 2003 a. 283.
703.24 Note NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.245 703.245 Association-unit owner dispute; notice required.
703.245(1)(1)Definitions. In this section:
703.245(1)(a) (a) “Claim” means a request or demand by an association or unit owner for a remedy related to a dispute.
703.245(1)(b) (b) “Direct negotiation” has the meaning given in s. 802.12 (1) (b).
703.245(1)(c) (c) “Dispute” means a disagreement between an association and a unit owner arising out of or related to a condominium.
703.245(1)(d) (d) “Party” means an association or unit owner involved in a dispute.
703.245(2) (2)Limitation on judicial actions. An association may not commence or maintain a claim in circuit court against a unit owner unless the association complies with this section, and a unit owner may not commence or maintain a claim in circuit court against an association unless the unit owner complies with this section.
703.245(3) (3)Notice of claim required. Before an association or unit owner files a claim described under sub. (2) in circuit court, the association or unit owner shall deliver to the other party a written notice of the claim that includes all of the following information:
703.245(3)(a) (a) A description of the dispute to which the claim relates, including the date, time, and location of the events giving rise to the dispute, the persons involved in the events, and the other party's role in the events.
703.245(3)(b) (b) The legal basis for the claim, including any applicable provisions of the condominium instruments, bylaws, rules, or other documents relating to the condominium or the association.
703.245(3)(c) (c) A proposal for resolving the dispute to which the claim relates.
703.245(3)(d) (d) A statement that the other party may request a direct negotiation conference under sub. (4) and the name and address of the person to which the other party may deliver the request.
703.245(4) (4)Request for direct negotiation conference. An association or unit owner that delivers or receives a notice of claim under sub. (3) may, no later than 10 business days after delivering or receiving the notice, request a direct negotiation conference with the other party by delivering a written request for direct negotiation that includes at least 3 proposed dates and times for the direct negotiation conference that are at least 5 days but not more than 30 days after the request is delivered. If the association or unit owner delivered the notice of claim, the association or unit owner shall deliver the request to the other party in the same manner that the notice was delivered under sub. (3). If the association or unit owner received the notice of claim, the association or unit owner shall deliver the request to the person identified under sub. (3) (d).
703.245(5) (5)Direct negotiation conference.
703.245(5)(a)(a) If a unit owner delivers a request under sub. (4) to an association, the association shall participate in a direct negotiation conference with the unit owner as provided under par. (c).
703.245(5)(b) (b) If an association delivers a request under sub. (4) to a unit owner, the unit owner may, but is not required to, participate in a direct negotiation conference with the association as provided under par. (c).
703.245(5)(c) (c) If an association and a unit owner participate in a direct negotiation conference under this subsection, the association and unit owner shall, no later than 30 days after the request under sub. (4) is delivered, meet at a mutually agreed upon time and place to engage in good faith direct negotiation to resolve the dispute described in the notice of claim delivered under sub. (3). The association and unit owner shall participate in the conference personally or by a representative or agent having authority to act with respect to the dispute and to bind the party represented. The association and unit owner may conduct the conference through the use of any means of communication by which any of the following occurs:
703.245(5)(c)1. 1. All participating individuals may simultaneously hear each other during the conference.
703.245(5)(c)2. 2. All communication during the conference is immediately transmitted to each participating individual, and each participating individual is able to immediately send messages to all other participating individuals.
703.245(6) (6)Circuit court action. If an association or unit owner sends a notice of claim under sub. (3), the association or unit owner may file the claim in circuit court when the earliest of the following occurs:
703.245(6)(a) (a) No party timely delivers a request for a direct negotiation conference under sub. (4).
703.245(6)(b) (b) The parties fail to resolve the dispute described in the notice within 10 business days after participating in a direct negotiation conference under sub. (5) (c).
703.245(6)(c) (c) The parties fail to conduct a direct negotiation conference under sub. (5) (c) within the time limit provided under sub. (5) (c).
703.245(6)(d) (d) A party notifies the other party that direct negotiation under sub. (5) (c) has not resulted in a resolution of the dispute described in the notice and the notifying party is terminating direct negotiations.
703.245(7) (7)Tolling of statutes of limitations. Any statute of limitations applicable to a claim is tolled for the period beginning on the date an association or unit owner delivers notice of the claim under sub. (3) and ending on the date the association or unit owner is allowed under sub. (6) to file the claim in circuit court.
703.245(8) (8)Breach of settlement agreement; fee shifting. If an association and a unit owner resolve the dispute to which a claim described under sub. (3) (a) relates through direct negotiation under sub. (5) (c), the association and unit owner may document that resolution in a written settlement agreement signed by them. If the association or unit owner materially breaches any material part of the agreement, subs. (2) to (6) do not apply to a claim of the nonbreaching party against the breaching party related to the breach, and the nonbreaching party may file a claim in circuit court related to the breach. If the nonbreaching party prevails in the circuit court action under this subsection, the circuit court shall award the nonbreaching party costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.
703.245(9) (9)Applicability.
703.245(9)(a) (a) Exempt claims. This section does not apply to any of the following claims:
703.245(9)(a)1. 1. A claim by an association related to unpaid assessments, including filing a statement of lien under s. 703.165 (3) and an action to collect unpaid assessments or enforce a lien under s. 703.165 (7).
703.245(9)(a)2. 2. A claim by an association related to a violation, as defined in s. 703.24 (1), by a tenant for which notice is given under s. 703.24 (4).
703.245(9)(a)3. 3. A claim by a unit owner related to a decision of the board of directors of a small condominium described under s. 703.365 (6) (a).
703.245(9)(a)4. 4. A claim for a temporary injunction or other similar emergency equitable relief under s. 813.02.
703.245(9)(b) (b) Applicability to new and existing condominiums. This section does not apply to a condominium if the declaration of the condominium provides a process for resolving disputes through direct negotiation, mediation, or arbitration.
703.245 History History: 2019 a. 168.
703.25 703.25 Tort and contract liability.
703.25(1)(1)An action for tort alleging a wrong done by any agent or employee of a declarant or of an association, or in connection with the condition of any portion of a condominium which a declarant or an association has the responsibility to maintain, shall be brought against the declarant or the association, as the case may be. No unit owner shall be precluded from bringing such an action by virtue of its ownership of an undivided interest in the common elements or by reason of its membership in the association or its status as an officer.
703.25(2) (2)An action arising from a contract made by or on behalf of an association shall be brought against the association, or against the declarant if the cause of action arose during the exercise by the declarant of control reserved under the declaration. No unit owner shall be precluded from bringing such an action by reason of its membership in the association or its status as an officer.
703.25(3) (3)A judgment for money against an association shall be a lien against any property owned by the association, and against each of the condominium units in proportion to the liability of each unit owner for common expenses as established under the declaration in an amount not exceeding the market value of the unit, but not against any other property of any unit owner.
703.25 History History: 1977 c. 407.
703.25 Annotation Sections 703.25 (3) and 840.10 (1) permit the filing of a lis pendens in an action for a money judgment against a condominium association as a judgment will be a lien against each condominium unit although their owners are not defendants in the action. Interlaken Service Corporation v. Interlaken Condominium Association, 222 Wis. 2d 299, 588 N.W.2d 262 (Ct. App. 1998), 97-1107.
703.26 703.26 Expanding condominiums.
703.26(1)(1)Declarant may reserve right to expand. A declarant may reserve the right to expand a condominium by subjecting additional property to the condominium declaration in such a manner that as each additional property is subjected to the condominium declaration, the percentage of undivided interests in the common elements of the preceding and new property shall be reallocated between the unit owners on the basis of the aggregate undivided interest in the common elements appertaining to the property.
703.26(2) (2)Conditions to which reservation subject. A reservation of the right to expand a condominium is subject to the conditions provided in this subsection.
703.26(2)(a) (a) A declaration establishing a condominium shall describe each parcel of property which may be added to the condominium.
703.26(2)(b) (b) A declaration establishing a condominium shall show the maximum number of units which may be added, and the percentage interests in the common elements, the liabilities for common expenses and the rights to common surpluses, and the number of votes appurtenant to each unit following the addition of property to the condominium, if added. The percentage interests in the common elements, the liabilities for common expenses and the rights to common surpluses, and the number of votes that each unit owner will have may be shown by reference to a formula or other appropriate method of determining them following each expansion of the condominium.
703.26(2)(c) (c) A condominium plat for an original condominium shall include, in general terms, the outlines of the land, buildings, and common elements of new property that may be added to the condominium.
703.26(2)(d) (d) In a declaration establishing a condominium, a right to expand the condominium may be reserved in the declaration for a period not exceeding 10 years from the date of recording of the declaration.
703.26(3) (3)Recordation of amendments to declaration and plat.
703.26(3)(a)(a) If the conditions of sub. (2) are complied with, property may be added to a condominium if the declarant records an amendment to the declaration, showing the new percentage interests of the unit owners, and the votes which each unit owner may cast in the condominium as expanded, and records an addendum to the condominium plat that includes the detail and information concerning the new property as required in the original condominium plat.
703.26(3)(b) (b) On recording of an amendment of a declaration and an addendum to a plat, each unit owner, by operation of law, has the percentage interests in the common elements, liabilities in the common expenses, rights to common surpluses, and shall have the number of votes, set forth in the amendment to the declaration. Following any expansion, the interest of any mortgagee shall attach, by operation of law, to the new percentage interests in the common elements appurtenant to the unit on which it is a lien.
703.26 History History: 1977 c. 407; 1997 a. 333.
703.26 Annotation Substantial compliance with formal requirements as permitted by s. 703.30 (2) is limited to the condominium status of the property and title of the unit owners. It does not apply to a project's status as an expanding condominium under this section. Rock Lake Estates Unit Owners Association, Inc. v. Town of Lake Mills, 195 Wis. 2d 348, 536 N.W.2d 415 (Ct. App. 1995), 94-2488.
703.265 703.265 Addendum to plat to reflect changes in building codes or zoning ordinances.
703.265(1)(1)If the revision or adoption of a building code or zoning ordinance prevents or substantially affects the construction of a unit or common elements as platted, the declarant may reasonably modify the condominium plat, by addendum, to the extent necessary to comply with the code or ordinance in order to construct the unit or common elements.
703.265(2) (2)If the revision or adoption of a building code or zoning ordinance prevents or substantially affects the reconstruction of a unit or common element as platted, the declarant, unit owner, or association, as appropriate, may reasonably modify the condominium plat, by addendum, to the extent necessary to comply with the code or ordinance in order to reconstruct the unit or common elements.
703.265(3) (3)An addendum made under this section shall be recorded as provided under s. 703.095.
703.265 History History: 2003 a. 283.
703.265 Note NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.27 703.27 Zoning and building regulations.
703.27(1)(1)A zoning or other land use ordinance or regulations may not prohibit the condominium form of ownership or impose any requirements upon a condominium that it would not impose if the development were under a different form of ownership. No provision of a state or local building code may be applied differently to a building in a condominium than it would be applied if the building were under a different form of ownership unless the different application is expressly permitted in that provision and the different application is reasonably related to the nature of condominium ownership. No subdivision ordinance may apply to any condominium unless the ordinance is, by its express terms, applicable to condominiums and the application is reasonably related to the nature of condominium ownership.
703.27(2) (2)No county, city, or other jurisdiction may enact any law, ordinance, or regulation that would impose a greater burden or restriction on a condominium or provide a lower level of services to a condominium than would be imposed or provided if the condominium were under a different form of ownership.
703.27 History History: 1977 c. 407; 2003 a. 283.
703.27 Note NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.275 703.275 Merger or consolidation of condominiums.
703.275(1)(1)Agreement; legal effect. Any 2 or more condominiums, including 2 or more small condominiums or any combination of small condominiums and other condominiums, by agreement of the unit owners as provided in this section, may be merged or consolidated into a single condominium. Unless the agreement otherwise provides, the condominium resulting from a merger or consolidation is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets and liabilities of the preexisting associations. The resultant condominium must bear the name of one of the preexisting condominiums.
703.275(2) (2)Reallocation of interests.
703.275(2)(ac) (ac) In this subsection, “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.
703.275(2)(bc) (bc) The merger or consolidation agreement shall provide for the reallocation of the allocated interests among the units of the resultant condominium. The agreement may not change the ratio that exists before the merger or consolidation between the allocated interests of any unit and the allocated interests of any other unit in the same preexisting condominium. The agreement shall state one of the following:
703.275(2)(bc)1. 1. The reallocations or the formulas upon which they are based.
703.275(2)(bc)2. 2. The percentage of the total of allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums.
703.275(3) (3)Agreement; other provisions. The merger or consolidation agreement may contain any provisions consistent with this chapter in addition to those specified in sub. (2).
703.275(4) (4)Votes. The merger or consolidation agreement is effective if the agreement is approved by the unit owners of units to which at least 75 percent of the votes in each preexisting association are allocated. If the declaration of a preexisting association specifies that a percentage greater than 75 percent of the votes in that association is required to approve a merger or consolidation agreement, the greater percentage applies to the vote of that association. A declaration of a preexisting association may specify a smaller percentage and the smaller percentage applies to the vote of that association only if all of the units in the preexisting condominium are restricted exclusively to nonresidential uses.
703.275(5) (5)Recording. Both a restatement of the declaration of the resultant condominium that includes the merger agreement and an addendum to the condominium plat of the resultant condominium shall be recorded as provided in s. 703.07. On the plat of the preexisting condominium, the register of deeds shall reference the document number assigned to the plat of the resultant condominium and, if the plat of the resultant condominium is assigned a volume and page number, the volume and page where the plat of the resultant condominium is recorded and shall note that the preexisting condominium has been merged.
703.275 History History: 1985 a. 188; 1997 a. 333; 2003 a. 283; 2017 a. 102.
703.275 Note NOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.28 703.28 Removal from provisions of this chapter.
703.28(1)(1)All of the unit owners may remove all or any part of the property from the provisions of this chapter by a removal instrument, duly recorded, provided that the holders of all liens affecting any of the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the unit owner in the property.
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2019-20 Wisconsin Statutes updated through 2021 Wis. Act 24 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 15, 2021. Published and certified under s. 35.18. Changes effective after April 15, 2021, are designated by NOTES. (Published 4-15-21)