Chapter 703, CONDOMINIUMS

703.01 Condominium ownership act. This chapter shall be known as the “Condominium Ownership Act”. History: 1977 c. 407. State and federal regulation of condominiums. Minahan. 58 MLR 55. Condominium conversion and tenant rights — Wisconsin statutes section 703.08: What kind of pro…

703.02 Definitions. In this chapter, unless the context requires otherwise: (1b) “Addendum” means an instrument that modifies a recorded condominium plat. (1h) “Amendment” means an instrument that modifies a recorded condominium declaration. “Amendment” includes a modification to…

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. Master-planned communities are not par…

703.04 Status of the units. A unit, together with its undivided interest in the common elements, for all purposes constitutes real property. History: 1977 c. 407.

703.05 Ownership of units. A unit owner is entitled to the exclusive ownership and possession of his or her unit. History: 1977 c. 407.

703.06 Alterations prohibited. Except as otherwise provided in this chapter, no unit owner may make any alteration that would jeopardize the soundness or safety of the property, reduce the value thereof, impair any easement or hereditament, or change the exterior appearance of a …

703.065 Recording requirements; general. Every instrument offered for record related to a condominium other than a plat or addendum shall satisfy all of the following criteria: (1) The instrument shall include the name of the condominium as it appears in the declaration. (2) The …

703.07 Establishment of condominium. (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 reco…

703.08 Notice prior to conversion of residential property to condominium. (1) Residential real property may not be converted to a condominium unless the owner of the residential real property gives prior written notice of the conversion to each of the tenants of the building or b…

703.09 Declaration. (1) REQUIREMENTS. A condominium declaration shall contain: (a) The name and address of the condominium and the name shall include the word “condominium” or be followed by the words “a condominium”. (b) A description of the land on which the condominium is, or …

703.093 Alternative procedure for amending declaration. (1) As an alternative to s. 703.09 (2), a condominium declaration may be amended under this section if at least two-thirds of the aggregate of the votes established under s. 703.09 (1) (f), or a greater percentage if provide…

703.095 Modification and correction of recorded condominium instruments, amendments, and addenda. (1) MODIFICATIONS. A recorded condominium instrument, amendment, or addendum may be modified only by recording an amendment, addendum, or correction instrument, or by removal from th…

703.10 Bylaws. (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 w…

703.105 Display of the United States flag and political signs. (1) No bylaw or rule may be adopted or provision included in a declaration or deed that prohibits a unit owner from respectfully displaying the United States flag. (1m) No bylaw or rule may be adopted or provision inc…

703.11 Condominium plat. (1) TO BE FILED FOR RECORD. When any condominium instruments are recorded, the declarant shall file a condominium plat to be recorded in a separate plat book maintained for condominium plats or stored electronically in the register of deeds office. (2) RE…

703.115 Local review of condominium instruments. (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…

703.12 Description of units. A description in any deed or other instrument affecting title to any unit, including a conveyance, as defined in s. 706.01 (4), that makes reference to the letter, number, or other appropriate designation of the unit on the condominium plat, the name …

703.13 Percentage interests. (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 …

703.14 Use of common elements. (1) The common elements may be used only for the purposes for which they were intended and, except as provided in the condominium instruments or bylaws, the common elements are subject to mutual rights of support, access, use and enjoyment by all un…

703.15 Association of unit owners. (1) LEGAL ENTITY. The affairs of every condominium shall be governed by an association that, even if unincorporated, is constituted a legal entity for all purposes. Except for matters reserved to the association members or unit owners by this ch…

703.155 Master associations. (1) DEFINITION. In this section, “master association” means a profit or nonprofit corporation or unincorporated association which exercises the powers under s. 703.15 (3) on behalf of one or more condominiums or for the benefit of the unit owners of o…

703.16 Common expenses and common surpluses. (1) DISPOSITION OF COMMON SURPLUSES. All common surpluses of the association shall be credited to the unit owners’ assessments for common expenses in proportion to their percentage interests in the common elements or as otherwise provi…

703.161 Annual budget. (1) APPLICATION. This section applies to any condominium that includes at least one unit that is restricted to residential use. (2) REQUIREMENT. An association annually shall adopt and distribute to all unit owners an annual budget setting forth all of the …

703.163 Statutory reserve account. (1) DEFINITIONS. In this section: (a) “Reserve funds” means funds derived from assessments against unit owners that are deposited in a statutory reserve account. The term does not include funds for ordinary operations, including amounts held for…

703.165 Lien for unpaid common expenses, unpaid damages, and unpaid penalties. (1) DEFINITION. In this section, “assessments” means regular and special assessments for common expenses and charges, fines, or assessments against specific units or unit owners for damages to the cond…

703.17 Insurance. (1) An association shall obtain insurance for the property against loss or damage by fire and such other hazards for not less than full replacement value of the property insured and a liability policy covering all claims commonly insured against. Insurance cover…

703.18 Repair or reconstruction. (1) A declaration shall provide for the repair or reconstruction of the common elements in the event of damage to all or part of the common elements of the condominium. (2) (a) Unless otherwise provided in the declaration, in the event of damage t…

703.19 Eminent domain. (1) DEFINITION. In this section, “taking under the power of eminent domain” includes any sale in settlement of any pending or threatened condemnation proceeding. (2) ALLOCATION OF AWARD; PROVISIONS IN DECLARATION OR BYLAWS. A declaration or bylaws may provi…

703.195 Acquisition of common elements by condemnors. (1) DEFINITIONS. In this section: (a) “Acquire” means to obtain title to real property by purchase or condemnation. (b) “Common elements” means all of a condominium except its units and any limited common elements. (c) “Condem…

703.20 Association records; inspection by unit owners; financial audits. (1) RECORD KEEPING. (a) Minutes and records of action; condominium documents. An association shall keep all of the following records: 1. Minutes of meetings of the association and of the board of directors o…

703.202 Access to records of association-controlled entity. (1) In this section: (a) “Control” means to directly or indirectly do any of the following: 1. Own more than 50 percent of the ownership interest of an entity. 2. Have a controlling interest in an entity. 3. Have the pow…

703.205 Establishing fee amounts charged by association. (1) LIMITATIONS ON CHARGING CERTAIN FEES. An association may charge, or increase the amount of, the following fees only if the association follows the procedures under sub. (2): (a) A fee for furnishing the disclosure infor…

703.21 Separate taxation. (1) Every unit and its percentage of undivided interest in the common elements shall be deemed to be a parcel and shall be subject to separate assessments and taxation by each assessing unit and special district for all types of taxes authorized by law i…

703.22 Construction and suppliers’ liens. (1) Subsequent to recording a declaration under this chapter and while the property remains subject to this chapter, any and all liens will exist only against individual units and the percentage of undivided interest in the common element…

703.23 Resident agent; exemption of unit owners from liability. (1) APPOINTMENT OF RESIDENT AGENT; CHANGE IN NAME OR ADDRESS. When any property is submitted to a condominium declaration, the declarant shall appoint a resident agent for the condominium who shall be a citizen and a…

703.24 Remedies for violations by unit owner or tenant of a unit owner. (1) DEFINITION. In this section, “violation” means failure to comply with this chapter or the declaration, bylaws, or association rules. (2) LIABILITY FOR UNIT OWNER VIOLATION. A unit owner who commits a viol…

703.245 Association-unit owner dispute; notice required. (1) DEFINITIONS. In this section: (a) “Claim” means a request or demand by an association or unit owner for a remedy related to a dispute. (b) “Direct negotiation” has the meaning given in s. 802.12 (1) (b). (c) “Dispute” m…

703.25 Tort and contract liability. (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 maintai…

703.26 Expanding condominiums. (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 d…

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

703.27 Zoning and building regulations. (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. N…

703.275 Merger or consolidation of condominiums. (1c) DEFINITIONS. In this section: (a) “Preexisting condominium” means a condominium that existed before a merger or consolidation under this section. (b) “Restatement of the declaration of a resultant condominium” means an amendme…

703.28 Removal from provisions of this chapter. (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 a…

703.29 Removal no bar to subsequent resubmission. The removal provided for in s. 703.28 shall in no way bar the subsequent resubmission of the property to this chapter. History: 1977 c. 407. 703.30 Rules of construction. (1) CERTAIN RULES OF LAW NOT APPLICABLE. Neither the rule o…

703.30 Rules of construction. 703.30(1)(1) Certain rules of law not applicable. Neither the rule of law known as the rule against perpetuities nor the rule of law known as the rule restricting unreasonable restraints on alienation may be applied to defeat or invalidate any provis…

703.31 Personal application. (1) All unit owners, tenants of the owners, employees of owners and tenants or any other persons that in any manner use property or any part thereof subject to this chapter shall be subject to this chapter and to the declaration and bylaws of the asso…

703.315 Lease or rental agreements for residential units. (1) DEFINITIONS. In this section: (a) “Condominium rental agreement” means an agreement, whether oral or written, for the rental or lease of a residential condominium unit by the same tenant for a period of more than one m…

703.32 Easements and encroachments. (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 bounda…

703.33 Disclosure requirements in connection with sale of unit. (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…

703.335 Payoff statement for unpaid assessments and other obligations. (1) DEFINITION. 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…