This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB550,17,1614 703.26 (2) Conditions to which reservation subject. (intro.) A reservation of
15the right to expand a condominium is subject to all of the following conditions
16provided in this subsection.:
SB550,47 17Section 47. 703.26 (2) (a) of the statutes is amended to read:
SB550,17,1918 703.26 (2) (a) A The declaration establishing a the condominium shall describe
19describes each parcel of property which that may be added to the condominium.
SB550,48 20Section 48. 703.26 (2) (b) of the statutes is renumbered 703.26 (2) (b) 1. (intro.)
21and amended to read:
SB550,17,2322 703.26 (2) (b) 1. (intro.) A The declaration establishing a the condominium
23shall show the shows all of the following:
SB550,17,25 24a. The maximum number of units which that may be added, and the to the
25condominium.
SB550,18,3
1b. The percentage interests in the common elements, the liabilities for common
2expenses, and the rights to common surpluses , and the appurtenant to each unit
3following the addition of property to the condominium.
SB550,18,7 4c. The number of votes appurtenant to each unit following the addition of
5property to the condominium, if added. The percentage interests in the common
6elements, the liabilities for common expenses and the rights to common surpluses,

7and the number of votes that each unit owner will have
SB550,18,10 82. The information under subd. 1. b. and c. may be shown by reference to a
9formula or other appropriate method of determining them following each expansion
10of the condominium.
SB550,49 11Section 49. 703.26 (2) (c) of the statutes is amended to read:
SB550,18,1512 703.26 (2) (c) A condominium The plat for an the original condominium shall
13include, in general terms,
includes the outlines of the land, and, in general terms, the
14location of the
buildings, and common elements of new property that may be added
15to the condominium.
SB550,50 16Section 50 . 703.26 (2) (d) of the statutes is amended to read:
SB550,18,1917 703.26 (2) (d) In a declaration establishing a condominium, a The right to
18expand the condominium may be is reserved in the declaration for a period not
19exceeding 10 years from the date of recording of the declaration.
SB550,51 20Section 51. 703.26 (3) of the statutes is amended to read:
SB550,18,2321 703.26 (3) Recordation of Recording amendments to declaration and plat
22addenda. (a) If the conditions of sub. (2) are complied with met, property may be
23added to a condominium if the declarant records an all of the following:
SB550,19,3
11. An amendment to the declaration, showing that shows the new percentage
2interests of the unit owners, and the votes which that each unit owner may cast in
3the condominium as expanded, and records an.
SB550,19,6 42. An addendum to the condominium plat that includes the detail and
5information concerning the new property as required in the original condominium
6that is required for a plat under s. 703.11 (2), (3), and (4).
SB550,19,87 (b) On recording of an amendment of a declaration and an addendum to a plat
8under par. (a), each unit owner, by operation of law, has the all of the following:
SB550,19,11 91. The percentage interests in the common elements, liabilities in the common
10expenses, and rights to common surpluses, and shall have the as set forth in the
11amendment.
SB550,19,13 122. The number of votes, appurtenant to the unit owner's unit, as set forth in the
13amendment to the declaration.
SB550,19,16 14(c) Following any expansion, the interest of any mortgagee shall attach, by
15operation of law, to the new percentage interests in the common elements
16appurtenant to the unit on which it is a lien.
SB550,52 17Section 52. 703.26 (3) (d) of the statutes is created to read:
SB550,19,2018 703.26 (3) (d) Property included in a reservation of the right to expand is not
19subject to the condominium declaration and is not part of the condominium until an
20amendment and addendum adding the property to the condominium are recorded.
SB550,53 21Section 53. 703.265 (3) of the statutes is amended to read:
SB550,19,2322 703.265 (3) An addendum made under this section shall be recorded as
23provided under s. 703.095 (2).
SB550,54 24Section 54 . 703.275 (1) (title) of the statutes is renumbered 703.275 (1m)
25(title).
SB550,55
1Section 55. 703.275 (1) of the statutes is renumbered 703.275 (1m) (a) and
2amended to read:
SB550,20,123 703.275 (1m) (a) Any 2 or more condominiums, including 2 or more small
4condominiums or any combination of small condominiums and other condominiums,
5by agreement of the unit owners as provided in this section, may be merged or
6consolidated into a single condominium. Unless the agreement otherwise provides,
7the resultant condominium resulting from a merger or consolidation is, for all
8purposes, the legal successor of all of the preexisting condominiums and the
9operations and activities of all associations of the preexisting condominiums shall be
10merged or consolidated into a single association which shall hold all powers, rights,
11obligations, assets and liabilities of the preexisting associations. The resultant
12condominium must shall bear the name of one of the preexisting condominiums.
SB550,56 13Section 56. 703.275 (1c) of the statutes is created to read:
SB550,20,1414 703.275 (1c) Definitions. In this section:
SB550,20,1615 (a) “Preexisting condominium” means a condominium that existed before a
16merger or consolidation under this section.
SB550,20,1917 (b) “Restatement of the declaration of a resultant condominium” means an
18amendment to the declaration of the preexisting condominium that bears the same
19name as the resultant condominium that complies with s. 703.09.
SB550,20,2120 (c) “Resultant condominium” means a condominium that results from a merger
21or consolidation under this section.
SB550,20,2422 (d) “Resultant condominium plat” means an addendum to the plat of the
23preexisting condominium that bears the same name as the resultant condominium
24that complies with s. 703.11.
SB550,57 25Section 57. 703.275 (1m) (b) of the statutes is created to read:
SB550,21,3
1703.275 (1m) (b) 1. Except as otherwise provided in this section, a resultant
2condominium may be created only by recording all of the following, as provided under
3s. 703.07:
SB550,21,54 a. A restatement of the declaration of the resultant condominium that includes
5the merger or consolidation agreement.
SB550,21,66 b. A resultant condominium plat.
SB550,21,87 2. a. The documents under subd. 1. shall be presented together to the register
8of deeds for recording.
SB550,21,119 b. The register of deeds may not record a resultant condominium plat without
10the restatement of the declaration of the resultant condominium and the merger or
11consolidation agreement.
SB550,21,1912 c. On the plat of each preexisting condominium that is merged or consolidated
13to create a resultant condominium, the register of deeds shall reference the
14document number of the resultant condominium plat and, if the plat of the resultant
15condominium is assigned a volume and page number, the volume and page where the
16resultant condominium plat is recorded and shall note that the preexisting
17condominium was merged or consolidated. In a county that maintains a tract index
18pursuant to s. 59.43 (12m), the register of deeds shall make references to document
19numbers in the tract index.
SB550,58 20Section 58. 703.275 (5) of the statutes is repealed.
SB550,59 21Section 59 . 703.28 (1m) (a) of the statutes is repealed.
SB550,60 22Section 60 . 703.28 (1m) (b) of the statutes is renumbered 703.28 (1m) and
23amended to read:
SB550,22,324 703.28 (1m) Before a certified survey map, condominium plat, subdivision plat
25or other plat may be recorded and filed for the same property that is subject to a

1condominium declaration
, the condominium shall first be removed from the
2provisions of this chapter by recording a removal instrument. This subdivision does
3not apply to a merger or consolidation under s. 703.275.
SB550,61 4Section 61 . 703.30 (2) of the statutes is amended to read:
SB550,22,125 703.30 (2) Substantial conformity of condominium instruments and bylaws
6sufficient.
The provisions of any condominium instruments and bylaws filed
7recorded under this chapter shall be liberally construed to facilitate the creation and
8operation of the condominium. So long as the condominium instruments and bylaws
9substantially conform with the requirements of this chapter, no variance from the
10requirements shall affect the condominium status of the property in question nor the
11title of any unit owner to his or her unit, votes and percentage interests in the
12common elements and in common expenses and common surpluses.
SB550,62 13Section 62 . 703.365 (3m) of the statutes is amended to read:
SB550,22,1914 703.365 (3m) Agreement in lieu of bylaws. If approved by written consent of
15all of the unit votes of a small condominium, an agreement may be substituted for
16the bylaws under sub. (3). The terms of the agreement shall include the
17requirements of sub. (3) (a) to (d) and shall be consistent with this section. An
18amendment to an agreement may be made with the affirmative vote or written
19consent of all 75 percent of the unit votes of the small condominium.
SB550,63 20Section 63. 706.01 (7r) (b) of the statutes is amended to read:
SB550,22,2221 706.01 (7r) (b) By condominium name, and unit number, and appurtenance
22number
in a platted condominium development.
SB550,64 23Section 64. Initial applicability.
SB550,23,3
1(1) Recording and indexing requirements. The treatment of ss. 703.065,
2703.07 (2), and 703.12 first applies to deeds and other instruments that are
3submitted for recording on the effective date of this subsection.
SB550,23,64 (2) Bylaws. The treatment of s. 703.10 (5) first applies to an amendment to
5condominium bylaws that is approved under s. 703.10 on the effective date of this
6subsection.
SB550,23,97 (3) Local ordinance; review of condominium instruments. The treatment of
8s. 703.115 (1) (a) and (b) first applies to an ordinance adopted on the effective date
9of this subsection.
SB550,65 10Section 65 . Effective date.
SB550,23,1211 (1) This act takes effect on first day of the 7th month beginning after
12publication.
SB550,23,1313 (End)
Loading...
Loading...