This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-2249/1
KRP:kjf
2017 - 2018 LEGISLATURE
August 14, 2017 - Introduced by Representatives Barca, Zamarripa, Berceau,
Brostoff, Crowley, Milroy and Spiros, cosponsored by Senator Wirch.
Referred to Committee on Housing and Real Estate.
AB470,1,5 1An Act to renumber 703.093 (1) and 703.10 (5); to renumber and amend
2703.09 (2); to amend 703.093 (8), 703.13 (6) (c) and 703.13 (8) (b); and to create
3703.09 (2) (b), 703.093 (1) (b), 703.10 (5) (b) and 703.38 (11) of the statutes;
4relating to: creating a right for minority unit owners to object to the
5amendment of certain condominium documents.
Analysis by the Legislative Reference Bureau
This bill provides that, if a single person or two or more persons acting jointly
by formal agreement have the power to unilaterally amend certain condominium
documents, a simple majority of unit owners may object in writing to an amendment
proposed by the person or persons. If a simple majority of unit owners objects, the
proposed amendment is void.
For purposes of an objection vote, a unit owner is entitled to one vote, regardless
of the number of units owned by the unit owner or the number of votes appurtenant
to the units owned by the unit owner, and the person or persons that proposed the
amendment are entitled to one vote, regardless of the number of persons, the number
of units owned by the persons, or the number of votes appurtenant to the units owned
by the persons.
Under current law, the following condominium documents may be amended as
follows:
1. A condominium declaration or plat may be amended by two-thirds of the
aggregate votes established in the declaration, unless the declaration provides for a
greater percentage.

2. Bylaws may be amended by 67 percent of the votes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB470,1 1Section 1. 703.09 (2) of the statutes is renumbered 703.09 (2) (a) and amended
2to read:
AB470,2,143 703.09 (2) (a) Except as provided in sub. (4) and ss. 703.093, 703.13 (6) (c) and
4(d) and (8) (b), and 703.26, a condominium declaration may be amended with the
5written consent of at least two-thirds of the aggregate of the votes established under
6sub. (1) (f) or a greater percentage if provided in the declaration. An amendment
7becomes effective when it is recorded in the same manner as the declaration. The
8document submitting the amendment for recording shall state that the required
9consents and approvals for the amendment were received. A unit owner's written
10consent is not effective unless it is approved in writing by the first mortgagee of the
11unit, or the holder of an equivalent security interest, if any. Approval from the first
12mortgage lender or equivalent security interest holder, or the person servicing the
13first mortgage loan or its equivalent on a unit, constitutes approval of the first
14mortgagee or equivalent security interest holder under this subsection paragraph.
AB470,2 15Section 2. 703.09 (2) (b) of the statutes is created to read:
AB470,3,516 703.09 (2) (b) Notwithstanding par. (a), if a single person or 2 or more persons
17acting jointly by formal agreement have the power to unilaterally amend the
18declaration under par. (a), a simple majority of unit owners may object in writing to
19an amendment under par. (a) proposed by the person or persons. If a simple majority
20of unit owners objects, the proposed amendment is void. For purposes of this
21paragraph, a unit owner is entitled to one objection vote, regardless of the number

1of units owned by the unit owner or the number of votes appurtenant to the units
2owned by the unit owner, and the person or persons that proposed the amendment
3are entitled to one objection vote, regardless of the number of persons, the number
4of units owned by the persons, or the number of votes appurtenant to the units owned
5by the persons.
AB470,3 6Section 3. 703.093 (1) of the statutes is renumbered 703.093 (1) (a).
AB470,4 7Section 4. 703.093 (1) (b) of the statutes is created to read:
AB470,3,188 703.093 (1) (b) Notwithstanding par. (a), if a single person or 2 or more persons
9acting jointly by formal agreement have the power to unilaterally amend the
10declaration under par. (a), a simple majority of unit owners may object in writing to
11an amendment under par. (a) proposed by the person or persons. If a simple majority
12of unit owners objects, the proposed amendment is void. For purposes of this
13paragraph, a unit owner is entitled to one objection vote, regardless of the number
14of units owned by the unit owner or the number of votes appurtenant to the units
15owned by the unit owner, and the person or persons that proposed the amendment
16are entitled to one objection vote, regardless of the number of persons, the number
17of units owned by the persons, or the number of votes appurtenant to the units owned
18by the persons.
AB470,5 19Section 5. 703.093 (8) of the statutes is amended to read:
AB470,4,320 703.093 (8) If the association receives the required number of consents and
21approvals from unit owners and mortgagees and equivalent security interest holders
22within the required time after the affidavit is recorded under sub. (2) and has not
23received a written objection under sub. (1) (b)
, the senior executive officer of the
24association shall record an amendment in the office of the register of deeds of the
25county in which the condominium is located, setting forth the facts satisfying the

1requirements of this section and providing record notice to all interested persons that
2the declaration has been revised, effective upon the recording of the amendment, and
3restating the entire declaration, as amended.
AB470,6 4Section 6. 703.10 (5) of the statutes is renumbered 703.10 (5) (a).
AB470,7 5Section 7. 703.10 (5) (b) of the statutes is created to read:
AB470,4,166 703.10 (5) (b) Notwithstanding par. (a), if a single person or 2 or more persons
7acting jointly by formal agreement have the power to unilaterally amend the bylaws
8under par. (a), a simple majority of unit owners may object in writing to an
9amendment under par. (a) proposed by the person or persons. If a simple majority
10of unit owners objects, the proposed amendment is void. For purposes of this
11paragraph, a unit owner is entitled to one objection vote, regardless of the number
12of units owned by the unit owner or the number of votes appurtenant to the units
13owned by the unit owner, and the person or persons that proposed the amendment
14are entitled to one objection vote, regardless of the number of persons, the number
15of units owned by the persons, or the number of votes appurtenant to the units owned
16by the persons.
AB470,8 17Section 8. 703.13 (6) (c) of the statutes is amended to read:
AB470,5,418 703.13 (6) (c) An amendment to a declaration shall identify the units involved
19and shall state that the boundaries between those units are being relocated by
20agreement of the unit owners thereof. The amendment shall contain words of
21conveyance between those unit owners, and when recorded shall also be indexed in
22the name of the grantor and grantee. If the adjoining unit owners have specified in
23their written application the reallocation between their units of the aggregate
24undivided interest in the common elements appertaining to those units, the
25amendment to the declaration shall reflect that reallocation. An amendment to a

1declaration under this paragraph shall be adopted, at the option of the adjoining unit
2owners, either in the manner provided under s. 703.09 (2) (a) or by the written
3consent of the owners of the adjoining units involved and the mortgagees of the
4adjoining units.
AB470,9 5Section 9. 703.13 (8) (b) of the statutes is amended to read:
AB470,5,186 703.13 (8) (b) If the unit owners of adjoining units that may be merged desire
7to merge the units, the unit owners, after 30 days' written notice to all other unit
8owners, shall prepare and execute appropriate instruments under this subsection.
9An amendment to the condominium instruments shall assign a new identifying
10number to the new unit created by the merger of the units and shall allocate to the
11new unit all of the undivided interest in the common elements and rights to use the
12limited common elements and the votes in the association formerly appertaining to
13the separate units. The amendment shall reflect an allocation to the new unit of the
14liability for common expenses and rights to common surpluses formerly
15appertaining to the separate units. An amendment to a declaration under this
16paragraph shall be adopted either in the manner provided under s. 703.09 (2) (a) or
17by the written consent of the owners of the units to be merged, the mortgagees of
18those units, if any, and the board of directors of the association.
AB470,10 19Section 10. 703.38 (11) of the statutes is created to read:
AB470,5,2220 703.38 (11) Sections 703.09 (2) (b), 703.093 (1) (b), and 703.10 (5) (b) are not
21applicable to a condominium existing on the effective date of this subsection .... [LRB
22inserts date], if the existing declaration or bylaws provide otherwise.
AB470,5,2323 (End)
Loading...
Loading...