reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.07 - Establishment of condominium.

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 recording.
(2)
A condominium instrument, and all amendments, addenda and certifications of a condominium instrument, shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in each county in the name of the grantor and grantee and the description of the condominium property that is located in that county. Subsequent instruments affecting the title to a unit which is physically located entirely within a single county shall be recorded only in that county, notwithstanding the fact that the common elements are not physically located entirely within that county. Subsequent amendments and addenda shall be indexed under the name of the condominium.
(3)
All instruments affecting title to units shall be recorded and taxed as in other real property transactions.
History:  1977 c. 407; 1997 a. 333; 2021 a. 168.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.08 - Notice prior to conversion of residential property to condominium.

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 buildings scheduled for conversion. During the 60-day period immediately following the date of delivery of the notice a tenant has the first right to purchase the unit, if the unit is offered for sale at any time during that period, for any of the following:
(a)
The price at which the unit is being offered on the market.
(b)
The price contained in any accepted offer to purchase the unit.
(c)
The price otherwise agreed to by the tenant and the seller.
(2)
A tenant may not be required to vacate the property during the 120-day period immediately following the date of delivery of the notice required under sub. (1) unless the tenant violates a covenant in the lease or fails to pay rent.
(3)
A tenant may waive in writing his or her first right of purchase under sub. (1), his or her right to remain on the property under sub. (2), or both.
History:  1977 c. 407; 2003 a. 283; 2021 a. 168.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
Condominium conversion and tenant rights — Wisconsin statutes section 703.08: What kind of protection does it really provide. Wynn. 63 MLR 73 (1979).
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.095 - Modification and correction of recorded condominium instruments, amendments, and addenda.

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 the provisions of this chapter under s. 703.28 (1).
(2)
Requirements. The register of deeds may record an amendment, addendum, or correction instrument only if the document complies with s. 703.065, if applicable, and satisfies all of the following criteria:
(a)
It refers to the condominium instrument, amendment, or addendum being modified or corrected, including the document number assigned to the document being modified, and if volume and page numbers are assigned to the document being modified or corrected, the volume and page where the document is recorded.
(b)
It is numbered consecutively and states that it is an amendment and restatement of the condominium instrument being modified or corrected.
(c)
It identifies all units in the condominium.
(d)
It clearly states the changes being made to the condominium instrument, amendment, or addendum it is modifying or correcting.
(3)
Correction instrument. A correction instrument may be used only to correct a scrivener error on a condominium plat, including erroneous distances, angles, directions, bearings, chords, building or unit numbers, and street names.
History:  1997 a. 333; 2017 a. 333; 2021 a. 168; s. 35.17 correction in (2) (c), (d).
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.105 - Display of the United States flag and political signs.

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 included in a declaration or deed that prohibits a unit owner from displaying in his or her condominium a sign that supports or opposes a candidate for public office or a referendum question.
(2)
Notwithstanding subs. (1) and (1m), bylaws or rules may be adopted that regulate the size and location of signs, flags and flagpoles.
History:  2003 a. 161; 2005 a. 303.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.115 - Local review of condominium instruments.

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 recording if the ordinance does all of the following:
(a)
Requires the review to be completed within 10 working days after submission of the condominium instrument and provides that, if the review is not completed within this period, the condominium instrument is approved for recording.
(b)
Provides that a condominium instrument may be rejected only if it fails to comply with the applicable requirements of ss. 703.065, 703.095, 703.11 (2) (a), (am), (c) and (d) and (3), 703.275 (1m) (b) and 703.28 (1m) or if the professional land surveyor's certificate under s. 703.11 (4) is not attached to or included in the condominium plat.
(c)
If the person performing the review approves the condominium instrument, requires the person to certify approval in writing, accompanied by his or her signature and title.
(2)
An ordinance adopted under this section may authorize the county to charge a fee that reflects the actual cost of performing the review.
History:  1997 a. 333; 2013 a. 358; 2021 a. 168.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.12 - Description of units.

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 of the condominium as it appears in the declaration, the name of the county where the condominium is located, the document numbers assigned to the declaration, and if volume and page numbers are assigned to the declaration, the volume and page where the declaration is recorded, shall be a good and sufficient description for all purposes.
History:  1977 c. 407; 2017 a. 333; 2021 a. 168.
The requirements of ch. 236 may not be used to legally describe condominium units. 75 Atty. Gen. 94.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.14 - Use of common elements.

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 unit owners. However, any portion of the common elements designated as limited common elements may be used only by the unit owner of the unit to which their use is limited in the condominium instruments and bylaws.
(2)
The declaration or bylaws may allow any unit owner of a unit to which the use of any limited common element is restricted to grant by deed, subject to the rights of any existing mortgagee, the use of the limited common element to any other unit owner. Thereafter, the grantor has no further right to use the limited common element.
History:  1977 c. 407.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.16 - Common expenses and common surpluses.

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 provided in the declaration or shall be used for any other purpose as the association decides.
(2)
Funds for payment of common expenses obtained by assessments.
(a)
Funds for the payment of common expenses and for the creation of reserves for the payment of future common expenses shall be obtained by assessments against the unit owners in proportion to their percentage interests in the common elements or as otherwise provided in the declaration.
(b)
During the period of declarant control of the association under s. 703.15 (2) (c), if any unit owned by the declarant is exempt from assessments for common expenses until the unit is sold, the total amount assessed against units that are not exempt from assessments may not exceed the amount that equals nonexempt units' budgeted share of common expenses, based on the anticipated common expenses set forth in the annual budget under s. 703.161 (2) (a). The declarant is liable for the balance of the actual common expenses.
History:  1977 c. 407; 1991 a. 39; 1993 a. 453; 1995 a. 224, 227; 1997 a. 27, 250; 1999 a. 185; 2003 a. 283; 2015 a. 195 s. 83.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
The definition of “unit" under s. 703.01 (15) encompasses a property on which there is no constructed unit. Aluminium Industries v. Camelot Trails, 194 Wis. 2d 575, 535 N.W.2d 74 (Ct. App. 1995).
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.161 - Annual budget.

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 following:
(a)
All anticipated common expenses and any amounts to be allocated to a statutory reserve account under s. 703.163 and to any other funds for future expenditures.
(b)
The amount and purpose of any other anticipated association expenditure.
(c)
The amount in any statutory reserve account under s. 703.163 or any other funds held for future expenditures.
(d)
Any common surpluses.
(e)
The amount and source of any income, other than unit owner assessments.
(f)
The aggregate amount of any assessment to be levied against unit owners and the purpose of the assessment.
History:  2003 a. 283.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.17 - Insurance.

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 coverage shall be written on the property in the name of the association as trustee for each of the unit owners in the percentages established in the declaration. Premiums shall be common expenses. Provisions for such insurance shall be without prejudice to the right of each unit owner to insure his or her own unit for personal benefit.
(2)
Insurance proceeds shall first be disbursed by the trustees for the repair or restoration of the damaged common elements, and the unit owners and mortgagees shall not be entitled to receive payment of any portion of the insurance proceeds unless the association has determined not to rebuild, or the court has ordered partition of the condominium property, or there is a surplus of insurance proceeds after the common elements have been completely repaired or restored.
History:  1977 c. 407; 1985 a. 332.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.18 - Repair or reconstruction.

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 to or destruction of common elements of a condominium, the association shall promptly undertake to repair or reconstruct it to a condition compatible with the remainder of the condominium. All cost of the repair or reconstruction in excess of available insurance proceeds shall be a common expense.
(b)
However, if a condominium is damaged to an extent more than the available insurance proceeds, the condominium shall be subject to an action for partition upon obtaining the written consent of the unit owners having 75 percent or more of the votes. In the case of partition, the net proceeds of sale together with any net proceeds of insurance shall be considered as one fund and shall be divided among all unit owners in proportion to their percentage interests in the common elements, and shall be distributed in accordance with the priority of interests in each unit.
History:  1977 c. 407.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.202 - Access to records of association-controlled entity.

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 power to direct or cause the direction of the management or policies of an entity.
(b)
“Entity” means a person other than an individual.
(2)
If an association controls an entity, a unit owner may inspect and copy records of the entity to the same extent that the association may inspect and copy the records.
History: 2021 a. 166.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.205 - Establishing fee amounts charged by association.

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 information under s. 703.33 (1), (1m), and (2) that is greater than the amount allowed under s. 703.33 (2m) (a).
(b)
A fee for providing the first payoff statement within a 2-month period as allowed under s. 703.335 (4) (b).
(2)
Procedure for establishing fee amounts. An association may establish, or increase the amount of, a fee described under sub. (1) (a) or (b) by doing all of the following:
(a)
Providing written notice to unit owners as provided under s. 703.15 (4) (c) at least 48 hours before any meeting at which the association will consider any of the following:
1.
Establishing the fee or increasing the amount of the fee.
2.
Entering into or modifying a management contract that does any of the following:
a.
If the association does not currently charge the fee, allows the manager to begin charging the fee.
b.
If the association does currently charge the fee, allows the manager to increase the amount of the fee.
(b)
Adopting a written resolution, at a meeting described under par. (a), to take any of the actions described under par. (a) 1. or 2.
(c)
No later than 48 hours after adopting a resolution described under par. (b), providing written notice to unit owners describing the type of fee established or increased and the amount of the fee established or the amount by which the fee was increased.
(3)
Failure to provide notice. An association's failure to provide a notice required under sub. (2) (a) or (c) does not affect the right of the association, directly or under a management contract, to charge a fee established or increased under sub. (2).
History:  2017 a. 303; 2021 a. 166.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.21 - Separate taxation.

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 including, but not limited to, special levies based on the value of property and special assessments. Neither the building, the property nor any of the common elements shall be deemed to be a parcel separate from the unit.
(2)
The rights, duties and obligations of unit owners under this chapter shall inure to and be binding upon grantees under tax deeds and persons acquiring title by foreclosure of tax liens and their successors in interest.
History:  1977 c. 407; 1979 c. 110.
Each unit identified in the condominium declaration is a unit for purposes of separate taxation under this section, regardless of whether the unit has been constructed. For purposes of identifying the “unit," as defined in s. 703.02 (15), a unit may exist without a building. Saddle Ridge Corp. v. Board of Review, 2010 WI 47, 325 Wis. 2d 29, 784 N.W.2d 527, 07-2886.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.22 - Construction and suppliers' liens.

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 elements appurtenant to such unit, in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership.
(2)
Any construction lien or suppliers' lien under subch. I of ch. 779 arising as a result of repairs to or improvements of a unit by a unit owner shall be a lien only against the unit.
(3)
Any construction lien or suppliers' lien under subch. I of ch. 779 arising as a result of repairs to or improvements of the common elements, if authorized in writing by the association, shall be paid by the association as a common expense and until paid shall be a lien against each unit in proportion to the unit's percentage interest in the common elements. On payment of the proportionate amount by any unit owner to the lienor or on the filing of a written undertaking in the manner specified by s. 779.08, the unit owner shall be entitled to a release of the unit owner's unit from the lien, and the association shall not be entitled to assess the unit owner's unit for payment of the remaining amount due for the repairs or improvements.
History:  1977 c. 407; 1979 c. 32 s. 92 (9); 2005 a. 204; 2017 a. 333.
Because the statute is silent as to the amount each unit should pay when a blanket lien is filed, application of the equitable principal that the lien should be applied proportionately against each unit was appropriate. Torke/Wirth/Pujara v. Lakeshore Towers, 192 Wis. 2d 481, 531 N.W.2d 419 (Ct. App. 1995).
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.23 - Resident agent; exemption of unit owners from liability.

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 actual resident of the state or corporation duly registered or qualified to do business in the state. The declarant shall file the name and address of the resident agent with the department of financial institutions. The name or address of the resident agent may be changed by the association or other proper authority of the condominium in the same manner and to the same extent that names and addresses of registered agents may be changed by corporations. If the association is incorporated, the registered agent for the association shall be the registered agent for the condominium.
(2)
Index of names and address of resident agents. The department of financial institutions shall keep an index of the names and addresses of resident agents and shall make the information available to the public on request.
(3)
Suits brought by service on resident agent. Suit may be brought by service on the resident agent in actions against an association, or which arise through any cause relating to the common elements.
(4)
Exemption of unit owners from liability for certain claims. Except in proportion to his or her percentage interest in the common elements, no unit owner personally is liable for damages as a result of injuries arising in connection with the common elements solely by virtue of his or her ownership of a percentage interest in the common elements, or for liabilities incurred by the association.
History:  1977 c. 407; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.24 - Remedies for violations by unit owner or tenant of a unit owner.

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 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.
(3)
Liability for violation by tenant.
(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.
(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.
(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:
(a)
The amount of charges, fines, or assessments for which the tenant is liable.
(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.
(5)
Other liability not affected. This section does not otherwise affect the liability of a unit owner or tenant who commits a violation.
History:  1977 c. 407; 2003 a. 283.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.25 - Tort and contract liability.

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 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.
(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.
(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.
History:  1977 c. 407.
Sub. (3) and s. 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 Corp. v. Interlaken Condominium Ass'n, 222 Wis. 2d 299, 588 N.W.2d 262 (Ct. App. 1998), 97-1107.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.265 - Addendum to plat to reflect changes in building codes or zoning ordinances.

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 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.
(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.
(3)
An addendum made under this section shall be recorded as provided under s. 703.095 (2).
History:  2003 a. 283; 2021 a. 168.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.27 - Zoning and building regulations.

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. 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.
(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.
History:  1977 c. 407; 2003 a. 283.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.28 - Removal from provisions of this chapter.

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 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.
(1m)
Before a certified survey map, condominium plat, subdivision plat or other plat may be recorded and filed for property that is subject to a condominium declaration, the condominium shall first be removed from the provisions of this chapter by recording a removal instrument. This subsection does not apply to a merger or consolidation under s. 703.275.
(2)
Upon removal of any property from this chapter, the property shall be deemed to be owned in common by the unit owners. The undivided interest in the property owned in common which appertains to each unit owner shall be the percentage of undivided interest previously owned by the owner in the common elements.
History:  1977 c. 407; 1997 a. 333; 1999 a. 96; 2021 a. 168; s. 35.17 correction in (1m).
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.30 - Rules of construction.

703.30
Rules of construction.
(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 provision of this chapter or of any condominium instruments, bylaws or other instrument made pursuant to this chapter.
(2)
Substantial conformity of condominium instruments and bylaws sufficient. The provisions of any condominium instruments recorded and any bylaws required under this chapter shall be liberally construed to facilitate the creation and operation of the condominium. So long as the condominium instruments and bylaws substantially conform with the requirements of this chapter, no variance from the requirements shall affect the condominium status of the property in question nor the title of any unit owner to his or her unit, votes and percentage interests in the common elements and in common expenses and common surpluses.
(3)
Provisions of condominium instruments and bylaws severable. All provisions of condominium instruments and bylaws are severable and the invalidity of one provision does not affect the validity of any other provision.
(4)
Conflicts in provisions. If there is any conflict between any provisions of a declaration and provisions of a condominium plat or any provisions of the bylaws, the provisions of the declaration shall control. If there is any conflict between any provisions of any condominium instruments and any provisions of any bylaws, the provisions of the condominium instruments shall control. If there is any conflict between any provisions of any condominium instruments or any provisions of any bylaws and any provisions of this chapter, the provisions of this chapter shall control.
(5)
Instruments construed together. Condominium instruments shall be construed together and are determined to incorporate one another to the extent that any requirement of this chapter applying to one instrument is satisfied if the deficiency can be corrected by reference to any of the others.
History:  1977 c. 407; 2021 a. 168.
The application of this section 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 s. 703.26. Rock Lake Estates Unit Owners Ass'n v. Town of Lake Mills, 195 Wis. 2d 348, 536 N.W.2d 415 (Ct. App. 1995), 94-2488.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.31 - Personal application.

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 association adopted under this chapter.
(2)
All agreements, decisions and determinations lawfully made by an association in accordance with the voting percentages established in this chapter, declaration or bylaws, shall be deemed to be binding on all unit owners.
History:  1977 c. 407.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.315 - Lease or rental agreements for residential units.

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 month.
(b)
“Tenant" means any of the following:
1.
A person occupying or entitled to present or future occupancy of a residential condominium unit under a condominium rental agreement.
2.
A periodic tenant, as defined in s. 704.01 (2), of a residential condominium unit that pays rent on a month-to-month or greater recurring interval of time.
(c)
“Unit owner" means the owner of a unit that is rented or leased under a condominium rental agreement or by a periodic tenant.
(2)
Agreement for compliance. Entering into a condominium rental agreement constitutes an agreement by the tenant, as a condition of the condominium rental agreement, to comply with this chapter, the rules and bylaws of the association, and the provisions of the declaration. Entitlement to occupancy of a unit as a periodic tenant, as described in sub. (1) (b) 2., constitutes an agreement by the periodic tenant, as a condition of the tenancy, to comply with this chapter, the rules and bylaws of the association, and the provisions of the declaration.
(3)
Copy of written agreement to association. Within 5 business days after entering into or renewing a written condominium rental agreement, the unit owner shall provide a copy of the agreement to the association. The association shall keep a copy of any condominium rental agreement on file while the agreement is in effect.
(4)
Contact of unit owner and tenant by association. The association may contact or give notice to the tenant or unit owner by:
(a)
Making the contact or giving the notice by the means indicated by the tenant or unit owner in writing to the association.
(b)
If par. (a) does not apply, by any method under s. 704.21 (1) (a) to (e), in the case of the tenant, or by any method under s. 704.21 (2) (a) to (d), in the case of the unit owner.
(5)
Copy of condominium documents to tenant. Before a tenant occupies a unit, the unit owner shall provide a copy of the declaration and the association bylaws and rules to the tenant or place the information in the unit.
(6)
Time share not covered. This section does not apply to a time-share unit governed under ch. 707.
History:  2003 a. 283.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.32 - Easements and encroachments.

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 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.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.335 - Payoff statement for unpaid assessments and other obligations.

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 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.
(4)
Fees.
(a)
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.
(b)
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.
(5)
Damages. 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.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.34 - Blanket mortgages and other blanket liens affecting a unit at time of first conveyance.

703.34
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:
(1)
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;
(2)
A unit being transferred and an undivided interest in the common areas and facilities appurtenant thereto shall be released by partial release duly recorded; or
(3)
A mortgage or other lien shall provide for or be amended to provide for a release of the unit and the undivided interest in the common areas and facilities appurtenant thereto from the lien of a mortgage or other lien upon the payment of a sum certain.
History:  1977 c. 407.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.35 - Termination of contracts and leases.

703.35
Termination of contracts and leases.
If entered into before the officers elected by the unit owners under s. 703.10 take office, any management contract, employment contract, lease of recreational or parking areas or facilities, any contract or lease to which a declarant or any person affiliated with the declarant is a party and any contract or lease which is not bona fide or which was not commercially reasonable to unit owners when entered into under the circumstances then prevailing, may be terminated by the association or its executive board at any time without penalty upon not less than 90 days' notice to the other party thereto. This section does not apply to any lease the termination of which would terminate the condominium.
History:  1977 c. 407.
To be terminable under this section as a “contract or lease to which a declarant or any person affiliated with the declarant is a party," the contract must presently bind the condominium association contractually to the person or entity that declared the condominium or to some person or entity affiliated with the declarant. Hunt Club Condominiums, Inc. v. Mac-Gray Services, Inc., 2006 WI App 167, 295 Wis. 2d 780, 721 N.W.2d 117, 05-1674.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.36 - Provisions requiring employment of declarant or vendor to effect sale.

703.36
Provisions requiring employment of declarant or vendor to effect sale.
Any provision of a declaration or other instrument made pursuant to this chapter which requires the owner of a unit to engage or employ the declarant or any subsidiary or affiliate of the declarant for the purpose of effecting a sale or lease of any unit is void. Any provision of any contract for a sale of any unit which requires a purchaser to engage or employ the vendor or any subsidiary or affiliate of the vendor for the purpose of effecting a sale or lease of any unit is void. This section applies to declarations, instruments and contracts made prior to and after August 1, 1978.
History:  1977 c. 407.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.37 - Interpretation.

703.37
Interpretation.
For purposes of interpretation of this chapter, a condominium is a form of ownership, not a form of land use, and is not a subdivision as defined in ch. 236.
History:  1977 c. 407; 2003 a. 283.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
Condominiums are not a form of land use. A condominium unit set aside for commercial use runs afoul of a zoning ordinance prohibiting commercial use. When an intended commercial use did not comport with a town's zoning restrictions, approval of the condominium by the town was de facto rezoning. A town could not seek to avoid the restrictions of applicable extraterritorial zoning by aiming to define its action as something other than a zoning change. Village of Newburg v. Town of Trenton, 2009 WI App 139, 321 Wis. 2d 424, 773 N.W.2d 500, 08-2997.
In this case, when restrictive covenants stated that a tract of land may not be divided so as to create any additional tracts, the defendants' attempt to convert the tract into a condominium comprised of three units violated the unambiguous terms of the restrictive covenants by dividing the tract into additional tracts. Nothing in the plain language of this section prevents a restrictive covenant from treating a condominium conversion as a division of land distinct from a subdivision, as that term is used in ch. 236. Nordstrom v. Kane, 2021 WI App 71, 399 Wis. 2d 522, 966 N.W.2d 91, 20-1942.
2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.38 - Applicability to existing condominiums.

703.38
Applicability to existing condominiums.
(1)
Except as otherwise provided in this section and s. 30.1335, this chapter is applicable to all condominiums, whether established before or after August 1, 1978. However, with respect to condominiums existing on August 1, 1978, the declaration, bylaws or condominium plat need not be amended to comply with the requirements of this chapter.
(2)
Section 703.10 (5) is not applicable to a condominium existing on August 1, 1978 if the existing declaration or bylaws provide otherwise.
(3)
Section 703.15 (4) (c) and (d) 2. are not applicable to a condominium existing on August 1, 1978 if the existing declaration or bylaws provide otherwise.
(4)
Section 703.18 is applicable only to those condominiums which are damaged or destroyed on or after August 1, 1978.
(5)
Section 703.19 is applicable only to those eminent domain proceedings filed on or after August 1, 1978.
(6)
Unless a declarant elects to conform to the requirements of s. 703.26, s. 703.26 is not applicable to those condominiums created prior to August 1, 1978 under circumstances where the declarant reserved the right to expand the condominium.
(7)
Section 703.33 is applicable only to contracts executed after August 1, 1978.
(8)
Section 703.35 is applicable only to leases or management and similar contracts executed after August 1, 1978.
(9)
Unless the declaration is amended as provided under s. 703.09 (2), 1983 stats., to provide otherwise, a condominium created prior to April 22, 1986, is subject to s. 703.09 (2), 1983 stats., rather than s. 703.09 (2).
(10)
(a)
Except as provided in par. (b), s. 703.02 (14m), 2001 stats., and s. 703.365, 2001 stats., apply to condominiums created on or after April 22, 1986, and before November 1, 2004, and to condominiums created before April 22, 1986, that elect to be subject to s. 703.02 (14m), 2001 stats., and s. 703.365, 2001 stats.
(b)
Sections 703.02 (14m) and 703.365 apply to condominiums created on or after November 1, 2004, and to condominiums created before November 1, 2004, that elect to be subject to ss. 703.02 (14m) and 703.365.
History:  1977 c. 407; 1985 a. 188; 2003 a. 283; 2007 a. 20.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.