Chapter 703

CHAPTER 703

CONDOMINIUMS

703.01   Condominium ownership act.

703.02   Definitions.

703.03   Application of chapter.

703.04   Status of the units.

703.05   Ownership of units.

703.06   Alterations prohibited.

703.065   Recording requirements; general.

703.07   Establishment of condominium.

703.08   Notice prior to conversion of residential property to condominium.

703.09   Declaration.

703.093   Alternative procedure for amending declaration.

703.095   Modification and correction of recorded condominium instruments, amendments, and addenda.

703.10   Bylaws.

703.105   Display of the United States flag and political signs.

703.11   Condominium plat.

703.115   Local review of condominium instruments.

703.12   Description of units.

703.13   Percentage interests.

703.14   Use of common elements.

703.15   Association of unit owners.

703.155   Master associations.

703.16   Common expenses and common surpluses.

703.161   Annual budget.

703.163   Statutory reserve account.

703.165   Lien for unpaid common expenses, unpaid damages, and unpaid penalties.

703.17   Insurance.

703.18   Repair or reconstruction.

703.19   Eminent domain.

703.195   Acquisition of common elements by condemnors.

703.20   Association records; inspection by unit owners; financial audits.

703.202   Access to records of association-controlled entity.

703.205   Establishing fee amounts charged by association.

703.21   Separate taxation.

703.22   Construction and suppliers’ liens.

703.23   Resident agent; exemption of unit owners from liability.

703.24   Remedies for violations by unit owner or tenant of a unit owner.

703.245   Association-unit owner dispute; notice required.

703.25   Tort and contract liability.

703.26   Expanding condominiums.

703.265   Addendum to plat to reflect changes in building codes or zoning ordinances.

703.27   Zoning and building regulations.

703.275   Merger or consolidation of condominiums.

703.28   Removal from provisions of this chapter.

703.29   Removal no bar to subsequent resubmission.

703.30   Rules of construction.

703.31   Personal application.

703.315   Lease or rental agreements for residential units.

703.32   Easements and encroachments.

703.33   Disclosure requirements in connection with sale of unit.

703.335   Payoff statement for unpaid assessments and other obligations.

703.34   Blanket mortgages and other blanket liens affecting a unit at time of first conveyance.

703.35   Termination of contracts and leases.

703.36   Provisions requiring employment of declarant or vendor to effect sale.

703.365   Small condominiums.

703.37   Interpretation.

703.38   Applicability to existing condominiums.

Ch. 703 Note NOTE: 2003 Wis. Act 283, which affected this chapter, contains extensive explanatory notes.

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.

703.01 Annotation Wisconsin’s Revised Condominium Ownership Act. Hinkston. Wis. Law. Sept. 2004.

703.01 Annotation Advising Prospective Owners of Troubled Condominium Projects. Ishikawa. Wis. Law. Oct. 2009.

703.02 703.02 Definitions. In this chapter, unless the context requires otherwise:

703.02(1b) (1b) “Addendum” means an instrument that modifies a recorded condominium plat.

703.02(1h) (1h) “Amendment” means an instrument that modifies a recorded condominium declaration. “Amendment” includes a modification to a declaration to relocate unit boundaries under s. 703.13 (6), to separate or merge units under s. 703.13 (7) or (8), and to merge or consolidate a condominium under s. 703.275.

703.02(1m) (1m) “Association” means all of a condominium’s unit owners acting as a group, through an entity that is organized as provided under s. 703.15 (2) (a), in accordance with the condominium’s bylaws and declaration.

703.02(2) (2) “Common elements” mean all of a condominium except its units.

703.02(3) (3) “Common expenses” mean the expenses of an association.

703.02(3m) (3m) “Common surpluses” mean the 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 professional land surveyor 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. The term includes an assignee of the declarant under s. 703.09 (4).

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(8m) (8m) “Deliver” includes to deliver by hand, U.S. mail, commercial delivery, facsimile transmission, or electronic means.

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 element” means a common element 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 percent 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(13r) (13r) “Professional land surveyor” means a professional land surveyor licensed under ch. 443.