2023 Wisconsin Statutes & Annotations › Chapter 703 - Condominiums. › 703.13 - Percentage interests.

703.13
Percentage interests.
(1)
Undivided percentage interest in common elements. Every unit owner owns an undivided percentage interest in the common elements equal to that set forth in the declaration. Except as specifically provided in this chapter, all common elements shall remain undivided. Except as provided in this chapter, no unit owner, nor any other person, may bring a suit for partition of the common elements and any covenant or provision in any declaration, bylaws or other instrument to the contrary is void.
(2)
Rights to common surpluses. Common surpluses shall be disbursed as provided under s. 703.16 (1).
(3)
Liability for common expenses. Except for the specially assessed common expenses, the amount of all common expenses shall be assessed as provided under s. 703.16 (2).
(4)
Change in percentage interest. The percentage interests shall have a permanent character and, except as specifically provided by this chapter, may not be changed without the written consent of all of the unit owners and their mortgagees. Any change shall be evidenced by an amendment and recorded among the appropriate land records. The percentage interests may not be separated from the unit to which they appertain. Any instrument, matter, circumstance, action, occurrence, or proceeding in any manner affecting a unit also shall affect, in like manner, the percentage interests appurtenant to the unit.
(5)
Alterations within units.
(a)
A unit owner may make any improvements or alterations within his or her unit that do not impair the structural integrity or lessen the support of any portion of the condominium and that do not create a nuisance substantially affecting the use and enjoyment of other units or the common elements. A unit owner may not change the exterior appearance of a unit or of any other portion of the condominium without permission of the board of directors of the association.
(b)
Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitation specified therein, a unit owner acquiring an adjoining or adjoining part of an adjoining unit, may remove all or any part of any intervening partition or create doorways or other apertures therein, even if the partition may in whole or in part be a common element, if those acts do not impair the structural integrity or lessen the support of any portion of the condominium. The creation of doorways or other apertures is not deemed an alteration of boundaries.
(5m)
Improvements to limited common elements.
(a)
If permitted by the condominium instruments and subject to par. (b) and to any restrictions or limitations specified in the condominium instruments, a unit owner may improve, including the enclosure of, the limited common elements appurtenant exclusively to that owner's unit if all of the following conditions are met:
1.
A statement describing the improvement, including a description of the project, the materials to be used, and the project's proposed impact on the appearance of the condominium, and identifying the project contractor is submitted to the board of directors of the association.
2.
The improvement will not interfere with the use and enjoyment of the units of other unit owners or the common elements or limited common elements of the condominium.
3.
The improvement will not impair the structural integrity of the condominium.
4.
Any change to the exterior appearance of the condominium is approved by the board of directors of the association.
(b)
All costs and expenses of an improvement under this subsection and any increased costs of maintenance and repair of the limited common elements resulting from the improvement are the obligation of the unit owner. The unit owner shall protect the association and other unit owners from liens on property of the association or of other unit owners that otherwise might result from the improvement.
(6)
Relocation of boundaries.
(a)
If any condominium instruments expressly permit a relocation of boundaries between adjoining units, those boundaries may be relocated in accordance with this section and any restrictions and limitations which the condominium instruments may specify.
(b)
If any unit owners of adjoining units whose mutual boundaries may be relocated desire to relocate those boundaries, the principal officer of the unit owners association, upon written application from those unit owners and after 30 days' written notice to all other unit owners, shall prepare and execute appropriate instruments.
(c)
An amendment shall do all of the following:
1.
Identify the units involved and state that the boundaries between those units are being relocated by agreement of the unit owners thereof.
2.
Contain words of conveyance between the owners of the units identified in subd. 1.
3.
If the adjoining unit owners have specified in their written application the reallocation between their units of the aggregate undivided interest in the common elements appertaining to those units, reflect that reallocation.
(cm)
An amendment under par. (c) shall be adopted, at the option of the adjoining unit owners, either under s. 703.09 (2) or by the written consent of the owners of the adjoining units involved and the mortgagees of the adjoining units.
(d)
If the adjoining unit owners have specified in their written application a reasonable reallocation, as determined by the board of directors, of the number of votes in the association or liabilities for future common expenses not specially assessed, appertaining to their units, modifications to the condominium instruments shall reflect those reallocations. An amendment under this paragraph shall be adopted in the manner specified in par. (cm).
(e)
An addendum showing the altered boundaries and the dimensions thereof between adjoining units, and their identifying numbers or letters, shall be prepared. The addendum shall be certified as to its accuracy in compliance with this subsection by a professional land surveyor.
(f)
After appropriate instruments have been prepared and executed, they shall be delivered promptly to the adjoining unit owners upon payment by them of all reasonable costs for the preparation thereof. Those instruments are effective when the adjoining unit owners have executed them and they are recorded in the name of the grantor and grantee. The recordation thereof is conclusive evidence that the relocation of boundaries did not violate any restriction or limitation in the condominium instruments.
(7)
Separation of units.
(ac)
In this subsection, “separator” means a person proposing the separation of a unit.
(am)
If any condominium instruments expressly permit the separation of a unit into 2 or more units, a separation shall be made in accordance with this section and any restrictions and limitations which the condominium instruments may specify.
(b)
The principal officer of the association, upon written application of a separator and after 30 days' written notice to all other unit owners, shall promptly prepare and execute appropriate instruments under this subsection.
(bm)
An amendment to separate a unit into 2 or more units shall do all of the following:
1.
Assign a new identifying number to each new unit created by the separation of a unit.
2.
Allocate to each new unit, on a reasonable basis acceptable to the separator and the executive board, all of the undivided interest in the common element and rights to use the limited common elements and the votes in the association formerly appertaining to the separated unit.
3.
Reflect a proportionate allocation to the new units of the liability for common expenses and rights to common surpluses formerly appertaining to the subdivided unit.
(c)
An addendum showing the boundaries and dimensions separating the new units together with their other boundaries and their new identifying numbers or letters shall be prepared. The addendum shall be certified as to its accuracy and compliance with this subsection by a professional land surveyor.
(d)
After appropriate instruments have been prepared and executed, they shall be delivered promptly to the separator upon payment by him or her of all reasonable cost for their preparation. Those instruments are effective when the separator has executed them and they are recorded in the name of the separator. The recording of the instruments is conclusive evidence that the separation did not violate any restrictions or limitation specified by the condominium instruments and that any reallocations made under this subsection were reasonable.
(8)
Merger of units.
(a)
If any condominium instruments expressly permit the merger of 2 or more adjoining units into one unit, a merger shall be made in accordance with this subsection and any restrictions and limitations specified in the condominium instruments.
(b)
If the unit owners of adjoining units that may be merged desire to merge the units, the unit owners, after 30 days' written notice to all other unit owners, shall prepare and execute appropriate instruments under this subsection.
(bm)
An amendment to the condominium instruments shall do all of the following:
1.
Assign a new identifying number to the new unit created by the merger of the units.
2.
Allocate to the new unit all of the undivided interest in the common elements and rights to use the limited common elements and the votes in the association formerly appertaining to the separate units.
3.
Reflect an allocation to the new unit of the liability for common expenses and rights to common surpluses formerly appertaining to the separate units.
(bp)
An amendment under par. (bm) shall be adopted either under s. 703.09 (2) or by the written consent of the owners of the units to be merged, the mortgagees of those units, if any, and the board of directors of the association.
(c)
An addendum showing the boundaries and dimensions of the new unit together with the new identifying number or letter shall be prepared. The addendum shall be certified as to its accuracy and compliance with this subsection by a professional land surveyor.
(d)
After appropriate instruments have been prepared and executed, they shall be delivered promptly to the owner or owners of the merged unit upon payment by the owner or owners of all reasonable costs for their preparation. Those instruments are effective when executed by the owner or owners of the merged unit and recorded in the office of the register of deeds of the county where the property is located. The recording of the instruments is conclusive evidence that the merger did not violate any restriction or limitation specified by the condominium instruments and that any reallocations made under this subsection were reasonable.
History:  1977 c. 407; 1985 a. 332; 1987 a. 403; 2003 a. 283; 2013 a. 358; 2017 a. 333; 2021 a. 168.
NOTE:  2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
An amendment of a condominium declaration that changed a common area to a limited common area but did not change the owners' percentage interests in the common areas did not require unanimous approval of all owners and was valid. Any reduction in value due to the change from common area was recoverable under s. 703.09 (3) (a) by the owners whose condominium value decreased due to the change. Newport Condominium Ass'n v. Concord-Wisconsin, 205 Wis. 2d 577, 556 N.W.2d 775 (Ct. App. 1996), 95-0869.