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LRB-4752/1
FFK:skw
2019 - 2020 LEGISLATURE
November 8, 2019 - Introduced by Senators Olsen, Cowles and Petrowski,
cosponsored by Representatives Ballweg, Milroy, Murphy, Novak, Spiros,
VanderMeer, Vruwink and Edming. Referred to Committee on Utilities and
Housing.
SB550,2,2 1An Act to repeal 703.275 (5) and 703.28 (1m) (a); to renumber 703.13 (7) (a)
2and 703.275 (1) (title); to renumber and amend 703.095, 703.11 (2) (b), 703.13
3(6) (c), 703.26 (2) (b), 703.275 (1) and 703.28 (1m) (b); to consolidate,
4renumber and amend
703.08 (2) (intro.), (a) and (b); to amend 703.02 (1b),
5703.02 (1h), 703.02 (3), 703.02 (6m), 703.02 (14g), 703.07 (2), 703.09 (2), 703.09
6(4), 703.093 (1), 703.093 (7), 703.10 (5), 703.11 (2) (d), 703.11 (5), 703.115 (1) (a),
7703.115 (1) (b), 703.12, 703.13 (4), 703.13 (6) (d), 703.13 (6) (e), 703.13 (6) (f),
8703.13 (7) (b), 703.13 (7) (c), 703.13 (7) (d), 703.13 (8) (b), 703.13 (8) (c), 703.163
9(11), 703.165 (3), 703.19 (5), 703.26 (2) (intro.), 703.26 (2) (a), 703.26 (2) (c),
10703.26 (2) (d), 703.26 (3), 703.265 (3), 703.30 (2), 703.365 (3m) and 706.01 (7r)
11(b); and to create 703.02 (3m), 703.02 (8m), 703.065, 703.09 (1) (title), 703.09
12(1b), 703.09 (1c) (title), 703.09 (2m) (title), 703.09 (3) (title), 703.095 (2) (d),
13703.095 (3), 703.11 (2) (b) 3., 703.13 (7) (ac), 703.26 (3) (d), 703.275 (1c) and

1703.275 (1m) (b) of the statutes; relating to: requirements related to
2condominium documents and technical changes to condominium law.
Analysis by the Legislative Reference Bureau
This bill makes various changes to condominium law and clarifies
requirements related to various types of condominium documents.
General recording requirements; condominium instruments
This bill specifies that every instrument related to a condominium other than
a plat or an addendum (a modification to a plat) that is offered to a register of deeds
for recording must meet the following criteria:
1. The instrument must include the name of the condominium as it appears in
the declaration.
2. The instrument must meet the standard formatting requirements for
recorded documents.
3. The instrument must include any signatures required by law and must be
notarized or authenticated.
4. If the county in which the instrument is to be recorded has an ordinance that
requires local review of condominium instruments before recording, the instrument
must be accompanied by the certified written approval of the person who performed
the local review.
In addition, the bill specifies that a register of deeds may record an amendment,
addendum, or correction instrument only if the document satisfies the above criteria,
if applicable, and satisfies the following:
1. It refers to the instrument being modified or corrected.
2. It is numbered consecutively or states that it is an amendment and
restatement of the instrument being modified or corrected.
3. It identifies all units in the condominium.
4. It clearly states the changes being made to the document being modified or
corrected.
Expanding condominiums
Under current law, a declarant may reserve the right to expand a condominium
by subjecting additional property to the condominium declaration. Current law
provides various conditions that must be met in order for a reservation of a right to
expand a condominium to be valid. For example, the condominium declaration must
describe each parcel of property that may be added to the condominium under the
reservation of the right to expand and the condominium plat must include, in general
terms, the outline of the land, buildings, and common elements of the property that
may be added as part of the expansion.
The bill clarifies that the condominium plat must include the outline of the
expansion property and, in general terms, the buildings and common elements on
the expansion property. The bill also clarifies that property included in a reservation
of the right to expand is not subject to the condominium declaration (i.e., is not part

of the condominium) until an amendment and addendum that add the property to
the condominium are recorded.
Merger or consolidation of condominiums
Under current law, any two or more condominiums may be merged or
consolidated into a single condominium by agreement of the unit owners of the
existing condominiums. Current law requires that the condominium that results
from the merger or consolidation must have the same name as one of the preexisting
condominiums. The merger or consolidation agreement must reallocate the
allocated interests among the units of the resultant condominium.
The bill specifies that a condominium may be created by merger or
consolidation only by recording a restatement of the declaration for the resultant
condominium that includes the merger or consolidation agreement and a resultant
condominium plat. Under the bill, the register of deeds must reference the document
number of the resultant condominium plat on the plat of each preexisting
condominium plat that is merged or consolidated. The bill also specifies that it is not
necessary to remove the preexisting condominiums prior to a merger or
consolidation.
Local review of condominium instruments
Current law allows a county to adopt an ordinance that requires condominium
instruments to be reviewed by employees of the county of recording or of a city, village
or town located in the county of recording before the condominium instruments are
recorded if the ordinance meets certain criteria. One of the criteria is that the
ordinance must require that the local review be completed within ten working days
after the condominium instrument is submitted and provide that, if the review is not
completed within those ten working days, the condominium instrument is
considered to be approved. The bill extends the deadline for local review in this
requirement to 15 working days.
Declaration; declarant rights
Under the bill, after the period of declarant control, a condominium declaration
may not provide a declarant with a right that is not provided to other unit owners.
Condominium plat
Under current law, a condominium plat must include a survey of the property
that shows the location of any unit or building on the property and comply with the
minimum standards adopted by the examining board of architects, landscape
architects, professional engineers, designers, and professional land surveyors.
Under the bill, the survey of the property must also include a clear and concise
description of the surveyed property that meets the requirements for a professional
land surveyor certificate included on a recorded certified survey map.
Bylaws
Under the bill, whenever condominium bylaws are amended by a condominium
association, the condominium association must promptly deliver a copy of the
approved amendment to each unit owner.

Correction instruments
Under current law, a correction instrument is an instrument drafted by a
professional land surveyor that, upon recording, corrects an error in a condominium
plat. The bill specifies that a correction instrument may be used only to correct
scrivener errors on a condominium plat, such as incorrect distances, angles,
directions, building or unit numbers, or street names.
Small condominiums
Current law provides alternative procedures for small condominiums. A small
condominium is a condominium with no more than 12 units. Under current law, an
agreement may be substituted for bylaws if approved by all of the unit votes in a
small condominium. Current law further provides that the affirmative vote or
written consent of all the unit votes of the small condominium is required to amend
such an agreement. Under the bill, 75 percent of the unit votes of the small
condominium are required to amend such an agreement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB550,1 1Section 1. 703.02 (1b) of the statutes is amended to read:
SB550,4,32 703.02 (1b) “Addendum" means a condominium an instrument that modifies
3a recorded condominium plat.
SB550,2 4Section 2. 703.02 (1h) of the statutes is amended to read:
SB550,4,95 703.02 (1h) “Amendment" means a condominium an instrument that modifies
6a recorded condominium declaration. “Amendment” includes a modification to a
7declaration to relocate unit boundaries under s. 703.13 (6), to separate or merge units
8under s. 703.13 (7) or (8), and to merge or consolidate a condominium under s.
9703.275.
SB550,3 10Section 3. 703.02 (3) of the statutes is amended to read:
SB550,4,1211 703.02 (3) “Common expenses and common surpluses" mean the expenses and
12surpluses of an association.
SB550,4 13Section 4. 703.02 (3m) of the statutes is created to read:
SB550,4,1414 703.02 (3m) “Common surpluses” mean the surpluses of an association.
SB550,5
1Section 5. 703.02 (6m) of the statutes is amended to read:
SB550,5,52 703.02 (6m) “Correction instrument" means an instrument drafted by a
3professional land surveyor that complies with the requirements of s. 59.43 (2m) and
4that, upon recording, corrects an error in a condominium plat. “Correction
5instrument" does not include an instrument of conveyance.
SB550,6 6Section 6 . 703.02 (8m) of the statutes is created to read:
SB550,5,87 703.02 (8m) “Deliver” includes to deliver by hand, U.S. mail, commercial
8delivery, facsimile transmission, or electronic mail.
SB550,7 9Section 7. 703.02 (14g) of the statutes is amended to read:
SB550,5,1310 703.02 (14g) “Removal instrument" means an instrument that complies with
11the requirements of s. 59.43 (2m) and
that removes property from the provisions of
12this chapter upon recording. “Removal instrument" does not include an instrument
13of conveyance.
SB550,8 14Section 8. 703.065 of the statutes is created to read:
SB550,5,17 15703.065 Recording requirements; general. Every instrument offered for
16record related to a condominium other than a plat or addendum shall satisfy all of
17the following criteria:
SB550,5,19 18(1) The instrument shall include the name of the condominium as it appears
19in the declaration.
SB550,5,21 20(2) The instrument shall be prepared in the standard format for recorded
21documents under s. 59.43 (2m) and (5) (a).
SB550,5,22 22(3) The instrument shall comply with s. 706.05 (2) (a) and (b).
SB550,6,2 23(4) If the instrument is a condominium instrument or an instrument that
24modifies a condominium instrument and the county in which the instrument is to be
25recorded has adopted an ordinance under s. 703.115, the instrument is accompanied

1by the certified written approval of the person who performed the review under the
2ordinance.
SB550,9 3Section 9 . 703.07 (2) of the statutes is amended to read:
SB550,6,134 703.07 (2) A condominium instrument, and all amendments, addenda and
5certifications of a condominium instrument, shall be recorded in every county in
6which any portion of the condominium is located, and shall be indexed in each county
7in the name of the declarant and the name of the condominium grantor and grantee
8and the description of the condominium property that is located in that county
.
9Subsequent instruments affecting the title to a unit which is physically located
10entirely within a single county shall be recorded only in that county, notwithstanding
11the fact that the common elements are not physically located entirely within that
12county. Subsequent amendments and addenda shall be indexed under the name of
13the condominium.
SB550,10 14Section 10. 703.08 (2) (intro.), (a) and (b) of the statutes are consolidated,
15renumbered 703.08 (2) and amended to read:
SB550,6,1916 703.08 (2) A tenant may not be required to vacate the property during the
17120-day period immediately following the date of delivery of the notice required
18under sub. (1) except for: (a) Violation of unless the tenant violates a covenant in the
19lease; or (b) Nonpayment of fails to pay rent.
SB550,11 20Section 11. 703.09 (1) (title) of the statutes is created to read:
SB550,6,2121 703.09 (1) (title) Requirements.
SB550,12 22Section 12 . 703.09 (1b) of the statutes is created to read:
SB550,7,223 703.09 (1b) Declarant rights after period of declarant control;
24prohibition
. A condominium declaration may not provide a declarant with a right

1in the association of unit owners after the period of declarant control ends under s.
2703.15 (2) (c) if the right is not granted to unit owners who are not the declarant.
SB550,13 3Section 13. 703.09 (1c) (title) of the statutes is created to read:
SB550,7,44 703.09 (1c) (title) Consent of property owners and mortgagees; declaration.
SB550,14 5Section 14. 703.09 (2) of the statutes is amended to read:
SB550,7,186 703.09 (2) Amendment. Except as provided in sub. (4) and ss. 703.093, 703.13
7(6) (c), (cm), and (d), (7) (b) and (bm), and (8) (b), (bm), and (bp), and 703.26, a
8condominium declaration may be amended with the written consent of at least
9two-thirds of the aggregate of the votes established under sub. (1) (f) or a greater
10percentage if provided in the declaration. An amendment becomes effective when
11it is recorded in the same manner as the declaration. The document submitting the
12amendment for recording shall state that the required consents and approvals for the
13amendment were received. Except as provided in sub. (2m), a unit owner's written
14consent is not effective unless it is approved in writing by the first mortgagee of the
15unit, or the holder of an equivalent security interest, if any. Approval from the first
16mortgage lender or equivalent security interest holder, or the person servicing the
17first mortgage loan or its equivalent on a unit, constitutes approval of the first
18mortgagee or equivalent security interest holder under this subsection.
SB550,15 19Section 15. 703.09 (2m) (title) of the statutes is created to read:
SB550,7,2020 703.09 (2m) (title) Consent of unit owners and mortgagees; amendments.
SB550,16 21Section 16. 703.09 (3) (title) of the statutes is created to read:
SB550,7,2222 703.09 (3) (title) Compensation for reduction in value; amendments.
SB550,17 23Section 17. 703.09 (4) of the statutes is amended to read:
SB550,8,424 703.09 (4) Assignment of declarant's interest. A declarant may assign his or
25her rights and obligations as a declarant under this chapter by recording an

1amendment to the declaration that includes the assignment and an acceptance of the
2assignment that is signed by the assignee and acknowledged. A declarant may not
3assign under this subsection less than all of his or her rights and obligations as a
4declarant under this chapter.
SB550,18 5Section 18 . 703.093 (1) of the statutes is amended to read:
SB550,8,126 703.093 (1) As an alternative to s. 703.09 (2), a condominium declaration may
7be amended under this section if at least two-thirds of the aggregate of the votes
8established under s. 703.09 (1) (f), or a greater percentage if provided in the
9declaration, consent to the amendment in writing and those consents are approved
10by the mortgagees or holders of equivalent security interests in the units. An
11amendment becomes effective when it is recorded in the same manner as the
12declaration
.
SB550,19 13Section 19. 703.093 (7) of the statutes is amended to read:
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