SB561: Bill Text

LRB-1843/1

KRP:emw

2021 - 2022 LEGISLATURE

2021 Senate BILL 561

September 15, 2021 - Introduced by Senators Cowles, Darling and Ringhand, cosponsored by Representatives Kitchens, Knodl and Callahan. Referred to Committee on Housing, Commerce and Trade.

SB561,1,10 An Act to renumber and amend 703.15 (2) (a), 703.20 (1) and 703.20 (2); to amend 703.02 (1m), 703.15 (2) (a) (title), 703.20 (1) (title), 703.20 (3), 703.205 (1) (a) and 703.33 (title); to repeal and recreate 703.20 (title); and to create 703.15 (2) (a) 2., 703.15 (2) (a) 3., 703.20 (1) (a), 703.20 (1) (b) 2. to 9., 703.20 (1g), 703.20 (1r), 703.20 (4), 703.20 (5) and 703.202 of the statutes; relating to: a condominium association's obligation to maintain records and allow a unit owner to inspect and copy those records; financial audits of condominium association records; access by condominium unit owners to records of an entity controlled by an association; and organizing a condominium association as a for-profit corporation.

Analysis by the Legislative Reference Bureau

This bill 1) makes various changes to a condominium association's obligation to maintain records and allow a unit owner to inspect and copy those records; 2) gives condominium unit owners a right to request an audit of the association's financial records; 3) provides that a unit owner may inspect and copy records of an entity controlled by the association to the same extent that the association may inspect and copy those records; and 4) provides that, after the effective date of the bill, an association may not organize or reorganize as a for-profit corporation.

Maintenance and inspection of association records

The bill provides that a condominium association must maintain all of the following records (association records):

1. Minutes of meetings of the association and of the board of directors of the association.

2. Records of actions taken without a meeting by the condominium unit owners on behalf of the association or by the board of directors of the association.

3. Certain disclosure documents that the association is required under current law to furnish to a seller of a condominium unit for the seller to provide to a prospective purchaser of the unit.

4. Detailed, accurate records of the receipts and expenditures affecting the common elements of the condominium.

5. Annual budgets prepared by the association.

6. Financial statements.

7. Bank statements and account statements, including statements for reserve accounts.

8. Income and expense statements.

9. Insurance policies.

10. The most recent audit of the association's financial records, if any.

11. Contracts entered into by the association and any bids for those contracts.

12. Invoices and expense records.

The bill also provides that a unit owner may, with certain exceptions, inspect and copy any association records created within the past six years. The association may impose a reasonable charge for copies of any association records, including the costs of labor and materials used to provide the copies, but may not charge an amount that exceeds the estimated cost of production or reproduction of the copies or $50, whichever is less.

Under the bill, an association for a condominium with 100 or more units (large association) must maintain an Internet site on which the large association posts current copies of association records that are subject to inspection and copying by unit owners. The Internet site must include a protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the large association. The bill provides that, upon a unit owner's written request, the large association must provide the unit owner with a username and password and access to the protected sections of the large association's Internet site.

Financial audits of association records

The bill provides that, beginning one year after the expiration of declarant control of a condominium association, a majority of condominium unit owners may request that the association arrange for an independent audit of the association's financial records at the association's expense. Under the bill, if unit owners request an audit within 36 months after the completion of a previous audit, the requesting unit owners must pay the cost of the audit. Current law provides a similar mechanism for unit owners to request an audit of an association's financial records during the period of declarant control and for one year thereafter. Under the current law provision, the lesser of three unit owners or the owners of 10 percent of the units may request an audit.

Access to records of entity controlled by association

Finally, the bill provides that, if a condominium association controls an entity, a condominium unit owner may inspect and copy records of the entity to the same extent that the association may inspect and copy those records. Under the bill, “control” means to directly or indirectly 1) own more than 50 percent of the ownership interest of the entity; 2) have a controlling interest in the entity; or 3) have the power to direct or cause the direction of the management or policies of the entity.

Organization of association entity

The bill provides that, after the effective date of the bill, a condominium association may not organize or reorganize as a for-profit corporation. Current law provides that the declarant of a condominium must establish an association to govern the condominium and that the association must be organized as a profit or nonprofit corporation or as an unincorporated association.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB561,1 Section 1. 703.02 (1m) of the statutes is amended to read:

SB561,3,5 703.02 (1m) “Association" means all of a condominium's unit owners acting as a group, either through a nonstock, nonprofit corporation or an unincorporated association an entity that is organized as provided under s. 703.15 (2) (a), in accordance with its the condominium's bylaws and declaration.

SB561,2 Section 2. 703.15 (2) (a) (title) of the statutes is amended to read:

SB561,3,7 703.15 (2) (a) (title) Establishment ; organization.

SB561,3 Section 3. 703.15 (2) (a) of the statutes is renumbered 703.15 (2) (a) 1. and amended to read:

SB561,4,3 703.15 (2) (a) 1. Every declarant shall establish an association to govern the condominium not later than the date of the first conveyance of a unit to a purchaser. The association shall be organized Except as provided in subd. 2., the declarant may organize the association only as a profit or for-profit corporation; nonstock, nonprofit corporation; or as an unincorporated association. After it the association is organized, the membership of the association shall at all times consist exclusively of all of the unit owners.

SB561,4 Section 4. 703.15 (2) (a) 2. of the statutes is created to read:

SB561,4,6 703.15 (2) (a) 2. Beginning on the effective date of this subdivision .... [LRB inserts date], a declarant may not organize an association as a for-profit corporation.

SB561,5 Section 5. 703.15 (2) (a) 3. of the statutes is created to read:

SB561,4,9 703.15 (2) (a) 3. An association that exists on the effective date of this subdivision .... [LRB inserts date], may not reorganize as a for-profit corporation.

SB561,6 Section 6. 703.20 (title) of the statutes is repealed and recreated to read:

SB561,4,12 703.20 (title) Association records; inspection by unit owners; financial audits.

SB561,7 Section 7. 703.20 (1) (title) of the statutes is amended to read:

SB561,4,14 703.20 (1) (title) Record keeping ; availability for examination.

SB561,8 Section 8 . 703.20 (1) of the statutes is renumbered 703.20 (1) (b) (intro.) and amended to read:

SB561,4,19 703.20 (1) (b) Financial records. (intro.) An association shall keep detailed, maintain appropriate financial records for at least 6 years, including all of the following:

SB561,4,24 1. Detailed, accurate records using standard bookkeeping procedures of the receipts and expenditures affecting the common elements, specifying and itemizing the maintenance and repair expenses of the common elements and any other expenses incurred. The records and the vouchers authorizing the payments shall be available for examination by the unit owners at convenient hours.

SB561,9 Section 9. 703.20 (1) (a) of the statutes is created to read:

SB561,5,2 703.20 (1) (a) Minutes and records of action; condominium documents. An association shall keep all of the following records:

SB561,5,4 1. Minutes of meetings of the association and of the board of directors of the association, which the association shall keep for at least 6 years.

SB561,5,7 2. Records of actions taken without a meeting by the unit owners on behalf of the association or by the board of directors of the association, which the association shall keep for at least 6 years.

SB561,5,9 3. The documents and information described under s. 703.33 (1) to (2) that are adopted by the association, which the association shall keep as permanent records.

SB561,10 Section 10 . 703.20 (1) (b) 2. to 9. of the statutes are created to read:

SB561,5,11 703.20 (1) (b) 2. Annual budgets described under s. 703.161.

SB561,5,12 3. Financial statements.

SB561,5,14 4. Bank statements and account statements, including statements for reserve accounts, created within the past 6 years.

SB561,5,15 5. Income and expense statements.

SB561,5,16 6. Insurance policies issued within the past 6 years.

SB561,5,17 7. The most recent audit of the association's financial records, if any.

SB561,5,19 8. Contracts entered into within the past 6 years and any bids for those contracts received within the past 3 years.

SB561,5,20 9. Invoices and expense records created within the past 6 years.

SB561,11 Section 11. 703.20 (1g) of the statutes is created to read:

SB561,6,4 703.20 (1g) Inspection and copying of records by unit owners. (a) A unit owner may inspect and copy, at a reasonable time and location specified by the association, any of the records of the association described under sub. (1) created within the past 6 years and any records of the association described under sub. (1) (a) 3. and (b) 7. regardless of when those records were created. A unit owner may select the date for the inspection and copying by providing the association written notice of the selected date at least 10 business days before the selected date if the selected date is a business day or other day agreed to by the association.

SB561,6,6 (b) Notwithstanding par. (a), an association is not required to allow a unit owner to inspect or copy any of the following records:

SB561,6,8 1. A record protected by the lawyer-client privilege, as described in s. 905.03, or a record that is the work product of the association's attorney.

SB561,6,9 2. Personnel records of the association.

SB561,6,11 3. A record of a violation of the declaration, bylaws, or association rules by a particular unit owner, other than the unit owner inspecting or copying the records.

SB561,6,14 4. A record of assessments levied against a particular unit owner, other than the unit owner inspecting or copying the records, or a record of the account status of a particular unit owner, other than the unit owner inspecting or copying the records.

SB561,6,17 (c) Notwithstanding par. (a), an association may, before allowing a unit owner to inspect or copy records, redact account numbers from the records described under sub. (1) (b) 3. and 4.

SB561,6,22 (d) An association may impose a reasonable charge for copies of any records the association provides to a unit owner under par. (a). The association may charge the unit owner for the costs of labor and materials used to provide the copies but may not charge an amount that exceeds the estimated cost of production or reproduction of the copies or $50, whichever is less.

SB561,12 Section 12 . 703.20 (1r) of the statutes is created to read:

SB561,7,3 703.20 (1r) Large condominiums; Internet site for records inspection. (a) In this subsection, “large association” means an association for a condominium with 100 or more units.

SB561,7,6 (b) Beginning on the first day of the 13th month beginning after the effective date of this paragraph .... [LRB inserts date], a large association shall maintain an Internet site that satisfies all of the following criteria:

SB561,7,7 1. The site is any of the following:

SB561,7,8 a. Wholly owned and operated by the large association.

SB561,7,12 b. Operated by a 3rd-party provider with whom the large association owns, leases, rents, or otherwise obtains the right to operate a site dedicated to the large association's activities and on which the large association may post notices, records, and documents.

SB561,7,15 2. The site is accessible through the Internet and includes a protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the large association.

SB561,7,19 (c) Beginning on the first day of the 13th month beginning after the effective date of this paragraph .... [LRB inserts date], a large association shall post on its Internet site described under par. (b) a current copy of all of the records that unit owners are entitled to inspect under sub. (1g) (a).