NOTE: 2003 Wis. Act 283
, which affected this section, contains extensive explanatory notes.
Easements and encroachments. 703.32(1)(1)
Presumption as to existing physical boundaries.
Any existing physical boundaries of any unit or common elements constructed or reconstructed in substantial conformity with the condominium plat shall be conclusively presumed to be its boundaries, regardless of the shifting, settlement or lateral movement of any building and regardless of minor variations between the physical boundaries as described in the declaration or shown on the condominium plat and the existing physical boundaries of any such unit or common element. This presumption applies only to encroachments within the condominium.
(2) Encroachment as result of authorized construction, reconstruction or repair.
If any portion of any common element encroaches on any unit or if any portion of a unit encroaches on any common element, as a result of the duly authorized construction, reconstruction or repair of a building, a valid easement for the encroachment and for the maintenance of the same shall exist so long as the building stands.
(3) Easements included in grant of unit.
A grant or other disposition of a condominium unit shall include and grant and be subject to any easement arising under the provisions of this section without specific or particular reference to the easement.
(4) Association's right of entry to make repairs.
An association shall have an irrevocable right and an easement to enter units to make repairs to common elements when the repairs reasonably appear necessary for public safety or to prevent damage to other portions of the condominium. Except in cases involving manifest danger to public safety or property, an association shall make a reasonable effort to give notice to the owner of any unit to be entered for the purpose of such repairs. No entry by an association for the purposes specified in this subsection may be considered a trespass.
History: 1977 c. 407
Disclosure requirements in connection with sale of unit. 703.33(1)(1)
Material to be furnished by seller to purchaser before closing.
Not later than 15 days prior to the closing of the sale of a unit to a member of the public, the seller shall furnish to the purchaser the following:
Copies of the proposed or existing declaration, the bylaws, and any rules or regulations.
A copy of the proposed or existing articles of incorporation of the association, if it is or is to be incorporated.
A copy of any proposed or existing management contract, employment contract or other contract affecting the use, maintenance or access of all or part of the condominium to which it is anticipated the unit owners or the association will be a party following closing.
A copy of the projected annual operating budget for the condominium including reasonable details concerning the estimated monthly payments by the purchaser for assessments, and monthly charges for the use, rental or lease of any facilities not part of the condominium.
A copy of any lease to which it is anticipated the unit owners or the association will be a party following closing.
A description of any contemplated expansion of the condominium with a general description of each stage of expansion and the maximum number of units that can be added to the condominium.
A copy of the floor plan of the unit together with the information that is necessary to show the location of the common elements and other facilities to be used by the unit owners and indicating which facilities will be part of the condominium and which facilities will be owned by others.
An executive summary setting forth in clear plain language the following information, or the location within the disclosure materials described in pars. (a)
where the information may be found, and the date on which the executive summary is prepared or revised:
1. `Condominium identification.'
The name of the condominium.
2. `Expansion plans.'
A description of the declarant's expansion plan for the condominium and deadline for implementation and the identity of the condominium management during the expansion period.
The name and address of the condominium association; whether the association is self-managed or has hired or retained management; and the name, address, and telephone number of the individual or individuals who may be contacted regarding the condominium in general.
4. `Special amenities.'
A description of any special amenities, such as an athletic club or golf course, and a statement of the obligation of a unit owner to join or support the amenity.
5. `Maintenance and repair of units.'
A description of an owner's responsibilities for the repair and maintenance of the unit.
6. `Maintenance, repair, and replacement of common elements.'
The identity of the person responsible for the maintenance, repair, and replacement of common elements and limited common elements and whether repairs or replacements will be funded from unit owner assessments, reserve funds, or both.
7. `Rental of units.'
Whether unit owners may rent their units and any restrictions on rentals.
8. `Unit alterations.'
A description of any rules, restrictions, or procedures governing a unit owner's authority to alter the unit or use or enclose limited common elements.
A description of the availability, restrictions, and costs of parking.
A description of rules relating to unit owners' pets.
Whether the association maintains reserves for repairs and replacement of common elements beyond routine maintenance and, if so, whether a statutory reserve account under s. 703.163
is maintained and the amount of the reserve balance.
11m. `Fees on new units.'
A description of any provisions exempting the declarant or modifying the declarant's obligation to pay assessments on the declarant's unsold units during the period of the declarant's control, and any other provisions in the declaration, bylaws, or budget addressing the levying and payment of assessments on units during the period of the declarant's control.
An indication that a unit purchaser's rights and responsibilities may be altered by an amendment of the declaration or bylaws, and a description of the amendment process and requirements.
12. `Other restrictions or features.'
At the option of the declarant or association a description of other restrictions or features of the condominium.
13. `First right of purchase.'
Whether the association has a first right to purchase the unit.
14. `Transfer fee.'
Whether the association charges a fee in connection with a transfer of ownership of the unit and, if a fee is charged, the amount of the fee.
15. `Disclosure material fee.'
Whether the association charges a fee for providing the disclosure materials described in this section and, if a fee is charged, the amount of the fee.
16. `Payoff statement fee.'
Whether the association charges a fee for providing a payoff statement under s. 703.335
and, if a fee is charged, the amount of the fee.
(1m) Preparation of executive summary.
The executive summary under sub. (1) (h)
shall be prepared, and subsequently revised whenever a change is made in the disclosure materials described in sub. (1) (a)
that requires a revision of a statement in the summary, by the declarant or the association, whichever is in control of the condominium when the executive summary is prepared or revised.
(2) Disclosure form.
The materials required in sub. (1)
shall be delivered to a prospective purchaser with cover sheet, index, and tables of contents as prescribed in this section. A cover sheet and index shall precede all other materials required in sub. (1)
. The executive summary required under sub. (1) (h)
shall appear immediately following the index. A table of contents shall precede the section to which it applies.
A cover sheet shall be of the same approximate size and shape as the majority of the disclosure materials required in sub. (1)
and shall bear the title “Disclosure Materials" and shall contain the name and location of the condominium, the name and business address of the declarant, and the name and business address of the declarant's agent or, if the seller is not the declarant, the name and address of the seller. Following this information, but separate from it, there shall appear on the front of the cover sheet 3 statements in boldface type, or capital letters no smaller than the largest type on the page, in the following wording:
THESE ARE THE LEGAL DOCUMENTS COVERING YOUR RIGHTS AND RESPONSIBILITIES AS A CONDOMINIUM OWNER. IF YOU DO NOT UNDERSTAND ANY PROVISIONS CONTAINED IN THEM, YOU SHOULD OBTAIN PROFESSIONAL ADVICE.
THESE DISCLOSURE MATERIALS GIVEN TO YOU AS REQUIRED BY LAW MAY, WITH THE EXCEPTION OF THE EXECUTIVE SUMMARY, BE RELIED UPON AS CORRECT AND BINDING. FOR A COMPLETE UNDERSTANDING OF THE EXECUTIVE SUMMARY, CONSULT THE DISCLOSURE DOCUMENTS TO WHICH A PARTICULAR EXECUTIVE SUMMARY STATEMENT PERTAINS. ORAL STATEMENTS MAY NOT BE LEGALLY BINDING.
YOU MAY AT ANY TIME WITHIN 5 BUSINESS DAYS FOLLOWING RECEIPT OF THESE DOCUMENTS, OR FOLLOWING NOTICE OF ANY MATERIAL CHANGES IN THESE DOCUMENTS, CANCEL IN WRITING THE CONTRACT OF SALE AND RECEIVE A FULL REFUND OF ANY DEPOSITS MADE. IF THE SELLER DELIVERS LESS THAN ALL OF THE DOCUMENTS REQUIRED, YOU HAVE 5 BUSINESS DAYS FOLLOWING RECEIPT OF THE DOCUMENTS TO CANCEL IN WRITING THE CONTRACT OF SALE OR, IF THE SELLER DELIVERS A COVER SHEET AND INDEX, TO DELIVER A WRITTEN REQUEST FOR ANY MISSING DOCUMENTS. SEE THE INDEX, IF ANY, FOLLOWING THIS INFORMATION TO DETERMINE IF DOCUMENTS ARE MISSING. IF YOU TIMELY DELIVER A WRITTEN REQUEST FOR MISSING DOCUMENTS, YOU MAY, AT ANY TIME WITHIN 5 BUSINESS DAYS FOLLOWING THE EARLIER OF EITHER THE RECEIPT OF THE REQUESTED DOCUMENTS OR THE SELLER'S DEADLINE TO DELIVER THE REQUESTED DOCUMENTS, CANCEL IN WRITING THE CONTRACT OF SALE AND RECEIVE A FULL REFUND OF ANY DEPOSITS MADE. YOU HAVE NO FURTHER RIGHT TO CANCEL THE CONTRACT OF SALE BASED ON THE DOCUMENTS UNLESS THE DOCUMENTS ARE MATERIALLY CHANGED.
Following the material required in par. (a)
, there shall appear an index of the disclosure materials. An index may begin on the cover sheet, if space permits, and be continued on the first and subsequent pages immediately following the cover sheet or may begin on the first page immediately following the cover sheet and continue on subsequent pages. An index shall be in substantially the following form:
The disclosure materials the seller is required by law to provide to each prospective condominium purchaser contains the following documents and exhibits:
1c. `Executive summary.'
The executive summary highlights for a buyer of a condominium unit essential information regarding the condominium. The executive summary begins on page ......
The declaration establishes and describes the condominium, the units and the common areas. The declaration begins on page ......
The bylaws contain rules which govern the condominium and effect the rights and responsibilities of unit owners. The bylaws begin on page ......
3. `Articles of incorporation.'
The operation of a condominium is governed by the association, of which each unit owner is a member. Powers, duties, and operation of an association are specified in its articles of incorporation. The articles of incorporation begin on page ......
4. ` Management or employment contracts.'
Certain services are provided to the condominium through contracts with individuals or private firms. These contracts begin on page ......
5. `Annual operating budget.'
The association incurs expenses for the operation of the condominium which are assessed to the unit owners. The operating budget is an estimate of those charges which are in addition to mortgage and utility payments. The budget begins on page ......
Units in this condominium are sold subject to one or more leases of property or facilities which are not a part of the condominium. These leases begin on page ......
7. `Expansion plans.'
The declarant has reserved the right to expand the condominium in the future. A description of the plans for expansion and its effect on unit owners begins on page ......
8. `Floor plan and map.'
The seller has provided a floor plan of the unit being offered for sale and a map of the condominium which shows the location of the unit you are considering and all facilities and common areas which are part of the condominium. The floor plan and map begin on page ......
Tables of contents and page numbers.
In addition to an index required by par. (b)
, tables of contents for the declaration and bylaws shall be provided, identifying each section of these documents and providing a page number for each section. Each section of disclosure material required in sub. (1)
shall, on the first page of that material, identify contents of that section but, with the exception of the declaration and bylaws, is not required to have a table of contents. Each section of disclosure material shall be separately identified by a letter, tab, or number. Pages within each section shall be consecutively numbered with an indication of the section as part of the pagination.
Statements; building code violations.
Except with respect to a conversion condominium with 4 or fewer units, in addition to the other information required by this section, the declarant of a conversion condominium shall provide to each purchaser all of the following:
A statement by the declarant, based on a report prepared by an independent architect or engineer, describing the present condition of those structural components and mechanical and electrical installations that are material to the use and enjoyment of the building.
A statement by the declarant of the expected useful life of each item reported on in subd. 1.
or a statement that no representations are made in that regard.
A list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations.
Additions or exclusions.
All materials required by this section shall be delivered to a prospective purchaser with disclosure materials required under sub. (1)
except that articles of incorporation, leases and expansion plans of the index need not be included if they clearly do not apply.
(2m) Association's obligation to provide disclosure information.
Within 10 days after a written request by a seller other than the declarant, an association shall furnish the information necessary for the seller to comply with this section. The association may charge to the seller, and the seller shall pay to the association, all of the following amounts:
Except as provided in s. 703.205
, the actual costs of furnishing the information under subs. (1)
, and (2)
or $50, whichever is less.
The actual costs of furnishing the information under sub. (3m)
or $15, whichever is less.
(3c) Delivery of incomplete set of disclosure materials.
If the seller delivers disclosure materials that include the cover sheet and index required in sub. (2) (a)
, but that do not include all of the documents required under sub. (1)
, the purchaser shall have 5 business days from receipt of the disclosure materials to request in writing any documents that were required to be delivered under sub. (1)
, but that were not timely delivered. If no executive summary required under subs. (1) (h)
has been prepared, the seller may so inform the purchaser when the seller delivers the disclosure materials to the seller. The seller has 5 business days following receipt of the purchaser's request to deliver the requested documents to the purchaser.
(3m) Change in material following delivery to purchaser.
Any material furnished under sub. (1)
may not be changed or amended following delivery to a purchaser, if the change or amendment would affect materially the rights of the purchaser, without first obtaining approval of the purchaser. A copy of amendments shall be delivered promptly to the purchaser.
(4) Purchaser's right to rescind contract of sale. 703.33(4)(a)(a)
Any purchaser may at any time within 5 business days following receipt of all of the documents required under sub. (1)
and within 5 business days following receipt of any amendment required under sub. (3m)
, rescind in writing a contract of sale without stating any reason and without any liability on his or her part.
If the disclosure materials delivered by the seller do not include all the documents required under sub. (1)
, the purchaser may rescind in writing a contract of sale without stating any reason and without any liability on his or her part as follows:
If the purchaser does not request in writing missing documents as provided under sub. (3c)
, or may not request missing documents because the seller did not provide both a cover sheet and index, the purchaser may rescind within 5 business days following receipt of the incomplete disclosure materials.
If the purchaser requests in writing missing documents as provided under sub. (3c)
, the purchaser may rescind within 5 business days following the earlier of receipt of the requested documents or the deadline, under sub. (3c)
, for the seller's delivery of the requested missing documents.
A purchaser who timely rescinds under par. (a)
is entitled to the return of any deposits made under the contract.
If a purchaser does not timely rescind under par. (a)
, his or her right to rescind under this section is terminated.
(5) Untrue statement or omission of material fact.
Any seller who in disclosing information required under subs. (1)
makes any untrue statement of material fact or omits to state a material fact necessary in order to make statements made not misleading shall be liable to any person purchasing a unit from him or her. However, no action may be maintained to enforce any liability created under this section unless brought within one year after facts constituting a cause of action are or should have been discovered.
(6) Waiver of purchaser's right.
Rights of purchasers under this section may not be waived in the contract of sale and any attempt to waive those rights is void. However, notwithstanding sub. (4) (d)
, if the purchaser proceeds to closing, the purchaser's right under this section to rescind is terminated.
(7) Sale of unit for nonresidential purposes.
Requirements of this section do not apply to a sale of any unit which is primarily intended to be occupied and used for nonresidential purposes.
(8) Location of condominium immaterial.
Requirements of this section shall apply to a sale of any unit offered for sale in this state without regard to the location of a condominium.
(9) Electronic delivery.
The information required under subs. (1)
may be delivered electronically in accordance with 15 USC 7001
(c), ch. 137
, and any other requirements that are prescribed by law.
NOTE: 2003 Wis. Act 283
, which affected this section, contains extensive explanatory notes.
Tips for Representing Condominium Sellers. Hagopian. Wis. Law. May 1993.
Payoff statement for unpaid assessments and other obligations. 703.335(1)(1)
In this section, “payoff amount" means the total amount necessary to satisfy all monetary obligations, including unpaid assessments, owed by a unit owner to the association in connection with a particular unit, as set forth in a payoff statement provided by the association.
(2) Request for payoff statement.
A unit owner, or a person on behalf of a unit owner, may submit to the association a written request for a payoff statement for a specified date not more than 30 days after the request is submitted. A grantee that requests a payoff statement under s. 703.165 (4)
is considered a person making a request on behalf of a unit owner for purposes of this subsection.
(3) Deadline to provide payoff statement.
Within 10 business days after a request under sub. (2)
is submitted, the association shall provide a written payoff statement to the unit owner or person that submitted the request.
Except as provided under par. (b)
, an association shall provide one payoff statement requested under sub. (2)
with respect to a unit without charge during any 2-month period. The association may charge a fee not to exceed $25 for each additional payoff statement requested for the unit during that 2-month period.
An association may charge a fee for providing the first payoff statement within a 2-month period described under par. (a)
if the association establishes the fee as provided under s. 703.205
. If the association establishes a fee under this paragraph, the association may increase the amount of the fee only as provided under s. 703.205
If an association to which a request is submitted under sub. (2)
does not provide a payoff statement within the deadline described under sub. (3)
, the association is liable to the unit owner for any actual damages caused by the association's failure or $350, whichever is less.
History: 2017 a. 303
Blanket mortgages and other blanket liens affecting a unit at time of first conveyance.
As a condition to the first transfer of title to each unit:
Every mortgage and other lien affecting such unit, including the undivided interest in the common areas and facilities appurtenant to such unit, shall be paid and satisfied of record;