reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 705 - Multiple-party and agency accounts; nonprobate transfers at death; transfer on death security registration. › 705.31 - Applicability of general transfers at death provisions.

705.31
Applicability of general transfers at death provisions.
Chapter 854 applies to transfers at death under this subchapter.
History:  1997 a. 188.
Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
2023 Wisconsin Statutes & Annotations › Chapter 706 - Conveyances of real property; recording; titles. › 706.001 - Scope and construction.

706.001
Scope and construction.
(1)
Subject to the exclusions in sub. (2), this chapter shall govern every transaction by which any interest in land is created, aliened, mortgaged, assigned or may be otherwise affected in law or in equity.
(2)
Excluded from the operation of this chapter are transactions which an interest in land is affected:
(a)
By act or operation of law; or
(b)
By will; or
(bm)
By nonprobate transfer on death under s. 705.15; or
(c)
By lease for a term limited to one year or less; or by contract or option to lease for such period which postpones the commencement of the agreed lease to a time not later than 60 days after the date of the contract or option; or by assignment, modification or termination of lease when, at the time such assignment, modification or termination is made, the unexpired term is limited to one year or less, and remains so limited under the lease as modified; except that instruments relating to such excluded transactions, if in recordable form, shall be entitled to record.
(3)
This chapter shall be liberally construed, in cases of conflict or ambiguity, so as to effectuate the intentions of parties who have acted in good faith.
History:  1999 a. 85 ss. 135, 138; 2005 a. 206.
The doctrine of part performance is not an “operation of law" under sub. (2) (a) that excludes the application of this chapter to a transaction. Wyss v. Albee, 183 Wis. 2d 245, 515 N.W.2d 517 (Ct. App. 1994).
Transactions in which an interest in land is affected by act or operation of law are excluded from operation of this chapter under sub. (2). Dow Family, LLC v. PHH Mortgage Corp., 2014 WI 56, 354 Wis. 2d 796, 848 N.W.2d 728, 13-0221.
A bank's mortgage validly attached a lien to a vendor's interest under a land contract. Wisconsin's land recording statute is broad enough to include creation of a lien on a vendor's interest in a land contract, which includes legal title to land. Liebzeit v. Intercity State Bank, FSB, 819 F.3d 981 (2016).
2023 Wisconsin Statutes & Annotations › Chapter 706 - Conveyances of real property; recording; titles. › 706.055 - Conveyances of mineral rights.

706.055
Conveyances of mineral rights.
The register of deeds shall record all conveyances of mineral interests in the index maintained under s. 59.43 (9).
History:  1977 c. 253; 2009 a. 98.
2023 Wisconsin Statutes & Annotations › Chapter 706 - Conveyances of real property; recording; titles. › 706.06 - Authentication.

706.06
Authentication.
(1)
Any instrument may be acknowledged, or its execution otherwise authenticated by its signators, as provided by the laws of this state; or as provided in this section or ch. 140.
(2)
Any public officer entitled by virtue of his or her office to administer oaths, and any member in good standing of the State Bar of Wisconsin, may authenticate one or more of the signatures on an instrument relating to lands in this state, by endorsing the instrument “Acknowledged," “Authenticated," or “Signatures Guaranteed," or other words to similar effect, adding the date of authentication, his or her own signature, and his or her official or professional title. The endorsement, unless expressly limited, shall operate as an authentication of all signatures on the instrument; and shall constitute a certification that each authenticated signature is the genuine signature of the person represented; and, as to signatures made in a representative capacity, shall constitute a certification that the signer purported, and was believed, to be such representative.
(3)
Affidavits shall be authenticated by a certificate of due execution of the instrument, executed by a person entitled to administer oaths.
(4)
In addition to any criminal penalty or civil remedy otherwise provided by law, knowingly false authentication of an instrument shall subject the authenticator to liability in tort for compensatory and punitive damages caused thereby to any person.
History:  1971 c. 211; 1973 c. 243; 1979 c. 110; 1983 a. 492 s. 3; 1993 a. 486; 2001 a. 103; 2019 a. 125.
2023 Wisconsin Statutes & Annotations › Chapter 706 - Conveyances of real property; recording; titles. › 706.12 - Uniform vendor and purchaser risk act.

706.12
Uniform vendor and purchaser risk act.
(1)
Any contract made in this state for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:
(a)
If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that the purchaser has paid.
(b)
If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is the purchaser entitled to recover any portion thereof that the purchaser has paid.
(2)
This section shall be so construed as to make uniform the law of those states which enact it.
(3)
This section may be cited as the uniform vendor and purchaser risk act.
History:  1975 c. 422; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 706 - Conveyances of real property; recording; titles. › 706.13 - Slander of title.

706.13
Slander of title.
(1)
In addition to any criminal penalty or civil remedy provided by law, any person who submits for filing, entering in the judgment and lien docket or recording, any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or the title to real or personal property, and who knows or should have known that the contents or any part of the contents of the instrument are false, a sham or frivolous, is liable in tort to any person interested in the property whose title is thereby impaired, for punitive damages of $1,000 plus any actual damages caused by the filing, entering or recording.
(2)
This section applies to any person who causes another person to act in the manner specified in sub. (1).
(3)
This section does not apply to a register of deeds or other government employee who acts in the course of his or her official duties and files, enters or records any instrument relating to title on behalf of another person.
History:  1979 c. 221; 1995 a. 224; 1997 a. 27.
Enactment of this section did not create a cause of action nor destroy the common-law right of recovery. Schlytter v. Lesperance, 62 Wis. 2d 661, 215 N.W.2d 552 (1974).
When a lawsuit is commenced under this section, conditional rather than absolute privilege applies to the filing of a lis pendens. Kensington Development Corp. v. Israel, 142 Wis. 2d 894, 419 N.W.2d 241 (1988).
The filing of a lis pendens is not privileged when there is no relationship between the filing and the underlying action. Larson v. Zilz, 151 Wis. 2d 637, 445 N.W.2d 699 (Ct. App. 1989).
To recover for slander of title, it is not necessary in all cases to prove the loss of an actual sale. The trial court must consider whether it is reasonable under the circumstances to require proof that the slander prevented a particular sale, and if not, the court must determine the degree of particularity required. Tym v. Ludwig, 196 Wis. 2d 375, 538 N.W.2d 600 (Ct. App. 1995), 94-2859.
2023 Wisconsin Statutes & Annotations › Chapter 706 - Conveyances of real property; recording; titles. › 706.14 - Transitional and curative provisions.

706.14
Transitional and curative provisions.
The operation or effect of a conveyance made or recorded in accordance with the provisions of any prior law of this state, or thereafter validated, perfected or cured under any such prior law, shall not be impaired by any provision of this chapter.
2023 Wisconsin Statutes & Annotations › Chapter 706 - Conveyances of real property; recording; titles. › 706.15 - Liens against public officials or employees.

706.15
Liens against public officials or employees.
No lien may be filed, entered or recorded against the real or personal property of any official or employee of the state or any political subdivision of the state, relating to an alleged breach of duty by the official or employee, except after notice and a hearing before a court of record and a finding by the court that probable cause exists that there was a breach of duty.
History:  1979 c. 221; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 706 - Conveyances of real property; recording; titles. › 706.20 - Disclosure duty; immunity for providing notice about the sex offender registry.

706.20
Disclosure duty; immunity for providing notice about the sex offender registry.
(1)
Except as provided in sub. (2), an owner of an interest in real property has no duty to disclose to any person in connection with the sale, exchange, purchase or rental of the real property any information related to the fact that a particular person is required to register as a sex offender under s. 301.45 or any information about the sex offender registry under s. 301.45.
(2)
If, in connection with the sale, exchange, purchase or rental of real property, a person requests of an owner of an interest in the real property information related to whether a particular person is required to register as a sex offender under s. 301.45 or any other information about the sex offender registry under s. 301.45, the owner has a duty to disclose such information, if the owner has actual knowledge of the information.
(3)
Notwithstanding sub. (2), the owner is immune from liability for any act or omission related to the disclosure of information under sub. (2) if the owner in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.
History:  1999 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.03 - Status of time-share estates.

707.03
Status of time-share estates.
(1)
A grant of an estate in a unit conferring the right of possession during a potentially infinite number of separated periods creates a fee simple absolute interest, and a grant of an estate in a unit conferring the right of possession during 4 or more separated periods over a finite number of years equal to at least 4, including renewal options, creates an interest for years.
(2)
Each time-share estate constitutes for all purposes a separate estate in real property.
History:  1987 a. 399.
A contract to purchase a time-share creates an interest in real estate, which, under s. 706.02 (1) must be signed by or on behalf of the grantor in order to be valid. Section 707.46 (1) (a) requires a time-share purchase contract to contain the actual date that the contract is executed by each party, which means that a valid time-share purchase contract must include the signature of both parties. Irrespective of any statutory right to cancel a valid contract, a party to an invalid contract may, under the common law, have it rescinded and be restored to the status quo. Ott v. Peppertree Resort Villas, Inc. 2006 WI App 77, 292 Wis. 2d 173, 716 N.W.2d 127, 04-1226.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.05 - Variation by agreement.

707.05
Variation by agreement.
Except as otherwise provided in this chapter, the provisions of this chapter may not be varied by agreement, and rights conferred under this chapter may not be waived. A developer may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the time-share instrument.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.06 - Unconscionable contract.

707.06
Unconscionable contract.
(1)
Unconscionability; remedy. If a court as a matter of law finds that any aspect of a contract relating to the use or ownership of a time share, any conduct directed against the purchaser by a party to the contract, or any result of the contract is unconscionable, the court shall, in addition to the remedy authorized in sub. (4), either refuse to enforce the contract against the purchaser, or so limit the application of any unconscionable aspect or conduct as to avoid any unconscionable result.
(2)
Factors. Without limiting the scope of sub. (1), the court may consider, among other things, any of the following as pertinent to the issue of unconscionability:
(a)
That those engaging in the practice know of the inability of a party to receive benefits properly anticipated from the time share and related goods or services.
(b)
That there exists a gross disparity, at the time of contracting, between the price of the time share and related goods or services and their value as measured by the price at which similar time shares or related goods or services were readily obtainable or by other tests of true value, except that a disparity between the contract price and the value of the time share measured by the price at which similar time shares were readily obtainable in similar transactions does not, of itself, render the contract unconscionable.
(c)
That the practice may enable one party to take advantage of the inability of the other party reasonably to protect his or her interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education or similar factors.
(d)
That the terms of the contract require a party to waive legal rights.
(e)
That the terms of the contract require a party to unreasonably jeopardize money or property beyond the money or property immediately at issue in the transaction.
(f)
That the natural effect of the practice would reasonably cause or aid in causing a party to misunderstand the true nature of the contract or his or her rights and duties under the contract.
(g)
That the writing purporting to evidence the obligation of the party under the contract contains terms or provisions or authorizes practices prohibited by law.
(h)
Definitions of unconscionability in statutes, rules, regulations, rulings and decisions of legislative, administrative or judicial bodies.
(3)
Course of conduct. Any charge or practice expressly permitted by this chapter is not in itself unconscionable, but even though a practice or charge is authorized by this chapter, the totality of a party's conduct may show that such practice or charge is part of an unconscionable course of conduct.
(4)
Other remedies. In addition to the protections afforded in sub. (1), a party shall be entitled upon a finding of unconscionability to recover from the person responsible for the unconscionable conduct a remedy in accordance with s. 707.57 (1).
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.10 - Zoning and other regulation of time-share projects.

707.10
Zoning and other regulation of time-share projects.
(1)
Limitations; land use regulation. No zoning or other land use ordinance or regulation may prohibit time-share projects or impose any requirements upon a time-share project which it does not impose upon a physically identical development under a different form of ownership. No provision of a state or local building code may be applied differently to an improvement to real property in a time-share project than would be applied to a similar improvement under a different form of ownership.
(2)
Limitations; other regulations. No county, city or other jurisdiction, other than the state, may impose a burden or restriction on a time-share project that is not imposed on all other property of similar character not part of a time-share project.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.11 - Securities law; applicability.

707.11
Securities law; applicability.
A time share created and marketed in accordance with this chapter is not a security under ch. 551 if a developer complies with ss. 707.38 (1m) and 707.49.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.20 - Time shares in projects.

707.20
Time shares in projects.
(1)
If all of the documents constituting a project instrument are recorded after June 1, 1988, time shares may not be created in any unit in the project unless expressly permitted by the project instrument, including an amendment to the project instrument under sub. (2).
(2)
An amendment to a project instrument adopted under s. 707.39 (5) or (6) which is recorded after June 1, 1988, may not permit the creation of time shares unless the owner of each unit in the project, and the record owners of liens on each unit in the project, consent to the amendment.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.21 - Time-share instrument.

707.21
Time-share instrument.
(1)
Contents. Except as provided in sub. (2), more than 12 time shares may be created in a single time-share property only by recording under sub. (3) a time-share instrument containing or providing for all of the following:
(a)
A sufficient description of the time-share property and the name or other identification of the project, if any, within which the time-share property is located.
(b)
A copy of or reference to a recorded project and time-share property plat required under s. 707.215.
(c)
The name of the county or counties in which the time-share property is located.
(d)
Identification of time periods by letter, name or number.
(e)
The time-share liability and any voting rights assigned to each time share.
(em)
A method for allocating real property taxes among the time-share owners and a method of giving notice to the time-share owners of an assessment and the amount of the property taxes, as required under s. 70.095.
(f)
If additional units may become part of the time-share property, the method of doing so and the formula for allocation and reallocation of the time-share liabilities and any voting rights.
(g)
The method of designating the insurance trustee required under s. 707.35 (4).
(h)
Allocation of time for maintenance of the time-share units.
(i)
Provisions for management by a managing entity or by the time-share owners.
(2)
Exception for certain easements or licenses. If a time-share easement or a time-share license applies to units in more than one time-share property, the time-share instrument creating the time-share easement or the time-share license need not contain or provide for the matters specified in sub. (1) (a) to (h).
(3)
Recording. Before the sale of any time share in a time-share property for which a time-share instrument is required under sub. (1), the developer shall record the time-share instrument and all amendments of the time-share instrument with the register of deeds of every county in which any portion of the time-share property is located. The time-share instrument shall be indexed in the name of the time-share property and the developer, and the index shall identify time-share estate owners and all transfers of time-share estates. Subsequent instruments affecting the title to a time-share unit which is physically located entirely within a single county shall be recorded only in that county, even if the common elements are not physically located entirely within that county. Subsequent amendments shall be indexed under the name of the developer.
History:  1987 a. 399; 2007 a. 18.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.215 - Project and time-share property plat.

707.215
Project and time-share property plat.
(1)
Recording requirement. When a time-share instrument is recorded under s. 707.21 (3), the developer shall file for record a plat, as described in sub. (2), of the time-share property and the project, if any, within which the time-share property is located, except that if a plat of the project was previously recorded the developer need only file the information necessary to update the recorded plat.
(2)
Required contents. A plat filed for recording under sub. (1) may consist of one or more sheets, shall be produced on media that is acceptable to the register of deeds, and shall contain at least all of the following:
(a)
On each sheet of the plat, the name of the project and time-share property and the county in which the project and time-share property are located. If there is more than one sheet, each sheet shall be consecutively numbered and show the relation of that sheet number to the total number of sheets.
(b)
A survey of the project and time-share property complying with minimum standards for property surveys adopted by the examining board, as defined in s. 443.01 (3), and showing the location of any time-share unit, unit or other building located or to be located on the property.
(c)
Diagrammatic floor plans of each building located or to be located on the property which show the approximate dimensions, floor area and location of each time-share unit and unit in a building. Common elements shall be shown graphically to the extent feasible.
(3)
Form of maps and plans. All survey maps and floor plans submitted for recording shall be legibly prepared with a binding margin of one inch on all sides on durable white media that is 14 inches in length and 22 inches in width, or on other media that is acceptable to the register of deeds, with a permanent nonfading black image. The maps and plans shall be drawn to a convenient scale.
(4)
Designation of time-share units and units. Every time-share unit and unit shall be designated on the plat by number or other appropriate designation.
(5)
Professional land surveyor's certificate. A plat is sufficient for the purposes of this chapter if attached to or included in the plat is a certificate of a professional land surveyor licensed under ch. 443, and the certificate provides all of the following:
(a)
That the plat is a correct representation of the project and the time-share property.
(b)
The identification and location of each time-share unit and each unit and the common elements can be determined from the plat.
(6)
Nonapplicability. Chapter 236 does not apply to plats required under this section.
History:  1987 a. 399; 2005 a. 41; 2013 a. 358.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.22 - Allocation of time-share liability and voting rights.

707.22
Allocation of time-share liability and voting rights.
(1)
Allocation of expenses. The time-share instrument shall state the amount of, or formula used to determine, any time-share liability.
(2)
Allocation of voting rights.
(a)
If the time-share instrument provides for voting, it shall allocate votes to each time-share unit and to each time share under par. (b), but shall not allocate votes to any other property or person.
(b)
The number of votes allocated to each time share shall be equal for all time shares or proportionate to each time share's value, as estimated by the developer, time-share liability or time-share unit size. The time-share instrument may specify matters as to which the votes shall be equal and other matters as to which votes shall be proportionate.
(3)
Altering allocation. Except as otherwise provided under s. 707.21 (1) (f), the votes and time-share liability may not be altered without the unanimous consent of all time-share owners entitled to vote and voting either at a meeting or in an initiative or referendum in which at least 80 percent of the votes allocated to time shares are cast.
(4)
Sum of expenses. Except for minor variations due to rounding, the sum of the time-share liabilities assigned to all time shares shall equal one, if stated as fractions, or 100 percent if stated as percentages. If a discrepancy occurs between the time-share liability or votes allocated to a time share and the result derived from the application of the formulas, the allocated time-share liability or vote prevails.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.25 - Use for sales purposes.

707.25
Use for sales purposes.
(1)
Except as provided in sub. (2), a developer may maintain sales offices, management offices and models in the time-share property only if the time-share instrument so provides and specifies the rights of a developer with regard to the number, size, location and relocation of the offices. The developer may maintain signs on the time-share property advertising the time-share property.
(2)
A developer's authority under sub. (1) is subject to restrictions in ordinances and the project instrument.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.26 - Rights of secured lenders.

707.26
Rights of secured lenders.
The time-share instrument may require that all or a specified number or percentage of holders of mortgages or equivalent security interests encumbering units or time shares approve specified actions of the unit owners, time-share owners, the developer or the managing entity as a condition to the effectiveness of those actions, but no requirement for approval may do any of the following:
(1)
Control over administration. Deny or delegate control over the general administrative affairs of an association by the unit owners or time-share owners, or their elected representatives.
(2)
Involvement in litigation. Prevent an association from commencing, intervening in or settling any litigation or proceeding or receiving and distributing insurance proceeds under s. 707.35.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.32 - Termination of contracts and leases of developer.

707.32
Termination of contracts and leases of developer.
(1)
Definition. In this section, “time-share property" does not include a campground.
(1m)
Authority of the association. The following contracts or leases relating to the time-share property which are entered into before the developer ceases under s. 707.30 (4) (c) to appoint a majority of the board of directors may be terminated without penalty by the association at any time after the developer ceases to appoint a majority of the board of directors, upon not less than 90 days' notice to the other party to the contract or lease:
(a)
Any management contract, employment contract, or lease of recreational or parking areas or facilities.
(b)
Any contract or lease between the managing entity and a developer or an affiliate of a developer.
(c)
Any contract or lease that is not bona fide or was unconscionable to the time-share owners when entered into under the circumstances then prevailing.
(2)
Applicability to leases. This section does not apply to a lease if termination of the lease would terminate the time-share property or reduce its size, unless the real estate subject to the lease was included in the time-share property for the purpose of avoiding the right to terminate a lease under this section.
(3)
Action by time-share owner. If no association is established under s. 707.30 (2), any time-share owner, individually or on behalf of the class of time-share owners, may maintain an action under sub. (1m) to terminate a contract or lease of the developer relating to the time-share property.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.33 - Upkeep of units.

707.33
Upkeep of units.
(1)
Responsibility of managing entity and required access.
(a)
Unless otherwise provided in the time-share instrument, the managing entity shall be responsible for maintenance, repair and replacement of the time-share units and any personal property available for use by time-share owners in conjunction with the time-share units, other than personal property separately owned by a time-share owner.
(b)
Each time-share owner shall afford access through the time-share unit reasonably necessary for the purposes described in par. (a), but the managing entity shall promptly repair any damage to the time-share unit or personal property in the time-share unit which results from the access required under this paragraph.
(2)
Alteration of unit. Subject to the time-share instrument, a time-share owner may not change the appearance of a time-share unit without the consent of the managing entity.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.34 - Tort and contract liability.

707.34
Tort and contract liability.
(1)
Actions against developer and the association.
(a)
An action in tort alleging a wrong done by a developer or a manager selected by the developer, or an agent or employee of either, in connection with any portion of the time-share property or other property which the developer or the manager has the responsibility to maintain may not be maintained against the association or any time-share owner other than a developer.
(b)
An action in tort alleging a wrong done by an association or by an agent or employee of the association or an action arising from a contract made by or on behalf of the association may be maintained only against the association.
(bm)
If a tort or breach of contract action against an association under par. (b) is based upon conduct which occurred during any period of developer control, the developer is subject to liability for all unreimbursed losses suffered by the association or time-share owners, including costs and reasonable attorney fees notwithstanding s. 814.04 (1). Any statute of limitations affecting the right of action of the association or time-share owners under this paragraph is tolled until the period of developer control terminates.
(c)
No time-share owner may be precluded from bringing an action under this subsection because the person is a time-share owner or a member, officer or director of the association.
(2)
Actions against time-share owner.
(a)
Except as provided in sub. (3), a time-share owner is personally liable for his or her acts and omissions.
(b)
Each time-share owner shall be liable to the association for any damage, except ordinary wear and tear, done to the time-share property by the time-share owner or a person using the time-share property under the rights of the time-share owner.
(c)
An action may not be maintained against a time-share owner merely because he or she owns a time share.
(3)
Liability of volunteer directors and officers. A director or officer of an association who is not paid for services to the association is not personally liable for damages resulting solely because of his or her membership on the board or participation in association activities.
(4)
Judgment lien. A judgment for money against an association shall be a lien against all of the time shares if properly entered in the judgment and lien docket under ch. 806, but, notwithstanding s. 806.15 (1), the judgment shall not constitute a lien against any other property of a time-share owner.
History:  1987 a. 399; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.36 - Disposition of surplus funds.

707.36
Disposition of surplus funds.
Unless otherwise provided in the time-share instrument, any surplus funds derived from the time-share owners or from property belonging to the time-share owners or their association and held by a managing entity, which are remaining after payment of or provision for time-share expenses and any prepayment of reserves, shall be paid to the time-share owners in proportion to their time-share liabilities, credited to the owners to reduce their future time-share liabilities or used for any other purpose as the association decides.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.40 - Applicability; exemptions.

707.40
Applicability; exemptions.
This subchapter applies to all time shares subject to this chapter, except that ss. 707.41 to 707.45 and 707.48 do not apply to any of the following:
(1)
The disposition of a time share in any of the following circumstances:
(a)
By gift.
(b)
By court order.
(c)
By a government or governmental agency.
(d)
By foreclosure or deed in lieu of foreclosure.
(2)
The disposition of a time share if the purchaser may cancel at any time and for any reason without penalty.
(3)
The disposition of a time share in a unit situated wholly outside this state under a contract executed wholly outside this state, if there has been no offering within this state.
(4)
An offering by a developer of time shares in not more than one time-share unit at any one time.
(5)
Disposition to one purchaser of a time-share property or all of the time shares in a time-share property.
(6)
A transaction normal and customary in the hotel and motel business, including but not limited to acceptance of advance reservations, if the person engaging in the transaction operates or owns a motel or hotel substantially engaged in the business of accepting short-term, single reservation contracts with customers who obtain no associated long-term use rights.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.43 - Multilocation developer; additional requirements.

707.43
Multilocation developer; additional requirements.
(1)
Definition. As used in this section, “multilocation developer" means a developer creating or selling its own time shares in more than one time-share property under a program permitting time-share owners, by reservation or other similar procedure, to occupy time-share units in more than one time-share property.
(2)
Additional requirements. If time-share owners are permitted or required to participate in a multilocation program, the time-share disclosure statement or a supplement delivered with the statement shall contain or fully and accurately disclose, in addition to the information required by s. 707.41 (4) and, if applicable, ss. 707.42, 707.44 and 707.45, all of the following information:
(a)
A complete and accurate description of the procedure to qualify for and effectuate use rights in time-share units in the multilocation program.
(b)
A complete and accurate description of all limitations, restrictions or priorities employed in the operation of the multilocation program, including limitations on reservations, use or entitlement rights based on the season, unit size, levels of occupancy or class of owner, expressed in boldface type, and, if the limitations, restrictions or priorities are not uniformly applied by the multilocation program, a clear description of the manner in which they are applied.
(c)
Whether use is arranged on a space-available basis and whether the multilocation developer guarantees fulfilling specific requests for use.
(d)
The name and address of the site of each time-share property included in the multilocation program.
(e)
The number of time-share units in each time-share property which is available for occupancy and all of the following about each such time-share unit:
1.
The interest which the multilocation developer has in the time-share unit and, if less than fee ownership, a statement of all relevant terms of the multilocation developer's interest in the time-share unit.
2.
Whether the time-share unit may be withdrawn from the multilocation program.
(f)
All of the following information, which shall be independently audited by an independent, certified public accountant or accounting firm in accordance with generally accepted accounting principles:
1.
The number of time-share owners in the multilocation program.
2.
For each time-share property in the multilocation program, the number of properly made requests for use of time-share units in the time-share property.
3.
For each time-share property, the number of time-share owners who received the right to use a unit in the time-share property, expressed as a percentage of the time-share owners who properly requested such use in the time-share property.
(g)
The following statement in boldface type: THE PERCENTAGE OF TIME-SHARE OWNERS WHO RECEIVED THE RIGHT TO USE A UNIT IN THE TIME-SHARE PROPERTY DOES NOT INDICATE A PURCHASER'S PROBABILITIES OF BEING ABLE TO USE ANY TIME-SHARE UNIT, SINCE AVAILABILITY AT INDIVIDUAL LOCATIONS MAY VARY.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.44 - Conversion building; additional requirements.

707.44
Conversion building; additional requirements.
(1)
Additional requirements. If a conversion building includes or will include one or more time-share units, is more than 10 years old and the developer or any affiliates of the developer own or control more than 50 percent of all units in the project, the time-share disclosure statement shall contain, in addition to the information required by s. 707.41 (4) and, if applicable, ss. 707.42, 707.43 and 707.45, all of the following information:
(a)
A statement by the developer, based on a report prepared by an independent registered architect or engineer, describing the present condition of all structural components and mechanical and electrical installations which are material to the use and enjoyment of the time-share units.
(b)
A statement by the developer of the expected useful life of each item reported on in par. (a) or a statement that no representations are made in that regard.
(c)
A list of any outstanding notices of uncorrected violations of building codes or other state and municipal regulations, together with the estimated cost of correcting those violations.
(2)
Applicability. This section applies only to units which may be used as a dwelling or for recreational purposes or both.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.45 - Amendments to statement.

707.45
Amendments to statement.
A developer shall promptly amend all of the following:
(1)
The time-share disclosure statement to report any material change in the information required by s. 707.41 or 707.44.
(2)
The time-share disclosure statement or any supplement to the statement to report any material change known to the developer in the information required by s. 707.42, except that:
(a)
The developer shall report to purchasers any significant change in information required by s. 707.42 (2) (b), (c) and (k) that adversely affects purchasers' interests within 30 days after the change occurs, and if the developer reports the change as required, the developer is not liable to purchasers for any harm resulting because purchasers were not informed earlier of the change.
(b)
The information required by s. 707.42 (2) (m) to (o) shall be calculated, at a minimum, from the records of the exchange company, as defined in s. 707.42 (1) (a), for each calendar year and shall be available no later than July 1 of the succeeding year.
(3)
The time-share disclosure statement or any supplement to the statement to report any material change in the information required by s. 707.43, except that the information required by s. 707.43 (2) (d) to (f) shall be calculated, at a minimum, from the records of the multilocation developer, as defined in s. 707.43 (1), for the preceding calendar year and shall be available no later than July 1 of the succeeding year.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.46 - Contract; minimum requirements.

707.46
Contract; minimum requirements.
(1)
Required provisions. All contracts for the purchase of a time share shall contain at least all of the following provisions:
(a)
The actual date that the contract is executed by each party.
(b)
The name and address of the developer or seller and of any agent acting on behalf of the developer or seller, and, if different than the developer or seller, any owner of the land or buildings included in the project of which the time shares are a part.
(c)
The total financial obligation of the purchaser, including the initial purchase price and any additional charges to which the purchaser may be subject, such as financing, reservation and recreation charges and time-share expenses.
(d)
The projected date of completion of construction, as defined in s. 707.49 (1) (a), of each part of the project of which time shares are a part which is not completed at the time the purchase contract is executed.
(e)
A description of the nature and duration of the time share being sold.
(f)
A description of the purchaser's rights under s. 707.47.
(2)
Campgrounds; additional provisions. In addition to the information required under sub. (1), a contract for the purchase of a time-share easement in a campground shall include all of the following information:
(a)
Any policy or other existing obligation to allow persons who are not campground members to use the campground or campground amenities.
(b)
The maximum ratio of campground contracts projected to be sold per campsite during the course of a campground contract.
(3)
Recording.
(a)
A contract for the purchase of a time-share and any other instrument that is evidence of a purchase of a time-share is valid only if it is recorded.
(b)
Paragraph (a) does not apply to a contract for, or other instrument evidencing, the purchase of a time-share license.
History:  1987 a. 399; 1999 a. 9; 2009 a. 133.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.47 - Purchaser's right to cancel.

707.47
Purchaser's right to cancel.
(1)
Provision of statement. A person required to deliver a time-share disclosure statement under s. 707.41 (2) shall, before transfer of a time share and no later than the date of any contract for the purchase of a time share, provide a prospective purchaser with a copy of the time-share disclosure statement and all amendments and supplements to the statement.
(2)
Right to cancel. If delivery of a time-share disclosure statement is required under s. 707.41 (2), the purchaser may cancel a contract for the purchase of a time share until midnight of the 5th business day after whichever of the following is later:
(a)
The date that the contract is executed.
(b)
The date on which the purchaser receives the last of the documents required to be provided to the purchaser under sub. (1).
(3)
Activity before cancellation period expires. No title may be recorded, deed delivered or deposit released until the cancellation period under sub. (2) has expired. Nothing in this subsection or sub. (4) precludes the execution of documents before the cancellation period expires, for delivery after the cancellation period expires.
(4)
Waiver prohibited. The purchaser or any person on behalf of the purchaser may not waive the right to cancel under sub. (2).
(5)
Notice of cancellation. If a purchaser elects to cancel a contract under sub. (2), the purchaser may do so by personally-delivering notice of the cancellation to the seller or by mailing the notice to the developer or to the developer's agent for service of process. If mailed, any notice of cancellation shall be considered given on the date that the notice is postmarked.
(6)
Refund.
(a)
Cancellation under sub. (2) shall be without penalty, and, except as provided in par. (b), all payments made by the purchaser before cancellation shall be refunded within 20 days after receipt of the notice of cancellation or within 5 days after receipt of funds from the purchaser's cleared check, whichever is later.
(b)
If the purchaser has used or occupied the time-share property for more than 12 hours before cancellation, the funds to be returned to the purchaser may be reduced by a reasonable charge to cover the length of stay plus the cost for damages, if any, to the time-share property directly attributable to the purchaser's use or occupancy of the time share property.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.48 - Resales of time shares.

707.48
Resales of time shares.
(1)
Required disclosures. Except as provided in s. 707.40 or except where delivery of a time-share disclosure statement is required under s. 707.41 (2), a seller of a time share shall furnish to the purchaser before execution of any contract for the purchase of a time share, or otherwise before the transfer of title, a copy of the time-share instrument, other than any plats or plans, and a certificate containing statements disclosing all of the following information:
(a)
The effect on the proposed transfer of any right of first refusal or other restraint on transfer of all or any portion of the time share.
(b)
The amount of the periodic time-share liability and any unpaid time-share expense or special assessment or other sums currently due and payable from the seller.
(c)
Any other fees payable by time-share owners.
(d)
Any judgments or other matters that are or may become liens against the time share or the time-share unit and the status of any pending suits that may result in those liens.
(2)
Managing entity; preparation of certificate.
(a)
Except as provided in par. (b), the managing entity, within 10 days after a request by a time-share owner, shall furnish a certificate containing the information necessary to enable the time-share owner to comply with sub. (1).
(b)
If there is no managing entity, the time-share owner shall furnish the information specified in sub. (1).
(3)
Liability; voiding contract.
(a)
A purchaser is not liable for any unpaid time-share liability or fee greater than the amount set forth in a certificate prepared under sub. (2).
(b)
A time-share owner is not liable to a purchaser for the failure or delay of the managing entity to provide the certificate in a timely manner or for any erroneous information provided by the managing entity and included in the certificate, except for information on judgment liens against the time share or the time-share unit.
(c)
A purchaser may void a purchase contract until the certificate, whether prepared by the managing entity or time-share owner, is provided and for 5 business days after the certificate is provided or until transfer of the time share, whichever occurs first.
History:  1987 a. 399.