2021 WISCONSIN ACT 168
An Act to repeal 703.275 (5) and 703.28 (1m) (a); to renumber 703.13 (7) (a) and 703.275 (1) (title); to renumber and amend 703.095, 703.11 (2) (b), 703.13 (6) (c), 703.26 (2) (b), 703.26 (3) (a), 703.26 (3) (b), 703.275 (1) and 703.28 (1m) (b); to consolidate, renumber and amend 703.08 (2) (intro.), (a) and (b); to amend 703.02 (1b), 703.02 (1h), 703.02 (3), 703.02 (6m), 703.02 (14g), 703.07 (2), 703.09 (2), 703.09 (4), 703.093 (1), 703.093 (7), 703.10 (5), 703.11 (2) (d), 703.11 (5), 703.115 (1) (b), 703.12, 703.13 (4), 703.13 (6) (d), 703.13 (6) (e), 703.13 (6) (f), 703.13 (7) (b), 703.13 (7) (c), 703.13 (7) (d), 703.13 (8) (b), 703.13 (8) (c), 703.163 (11), 703.165 (3), 703.19 (5), 703.26 (2) (intro.), 703.26 (2) (a), 703.26 (2) (c), 703.26 (2) (d), 703.26 (3) (title), 703.265 (3), 703.30 (2), 703.365 (3m) and 706.01 (7r) (b); and to create 703.02 (3m), 703.02 (8m), 703.065, 703.09 (1) (title), 703.09 (1c) (title), 703.09 (2m) (title), 703.09 (3) (title), 703.095 (2) (d), 703.095 (3), 703.11 (2) (b) 3., 703.13 (7) (ac), 703.26 (3) (d), 703.275 (1c) and 703.275 (1m) (b) of the statutes; relating to: requirements related to condominium documents and technical changes to condominium law.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
168,1
Section
1. 703.02 (1b) of the statutes is amended to read:
703.02 (1b) “Addendum" means a condominium an instrument that modifies a recorded condominium plat.
168,2
Section
2. 703.02 (1h) of the statutes is amended to read:
703.02 (1h) “Amendment" means a condominium an instrument that modifies a recorded condominium declaration. “Amendment” includes a modification to a declaration to relocate unit boundaries under s. 703.13 (6), to separate or merge units under s. 703.13 (7) or (8), and to merge or consolidate a condominium under s. 703.275.
168,3
Section
3. 703.02 (3) of the statutes is amended to read:
703.02 (3) “Common expenses and common surpluses" mean the expenses and surpluses of an association.
168,4
Section
4. 703.02 (3m) of the statutes is created to read:
703.02 (3m) “Common surpluses” mean the surpluses of an association.
168,5
Section
5. 703.02 (6m) of the statutes is amended to read:
703.02 (6m) “Correction instrument" means an instrument drafted by a professional land surveyor that complies with the requirements of s. 59.43 (2m) and that, upon recording, corrects an error in a condominium plat. “Correction instrument" does not include an instrument of conveyance.
168,6
Section 6
. 703.02 (8m) of the statutes is created to read:
703.02 (8m) “Deliver” includes to deliver by hand, U.S. mail, commercial delivery, facsimile transmission, or electronic means.
168,7
Section
7. 703.02 (14g) of the statutes is amended to read:
703.02 (14g) “Removal instrument" means an instrument that complies with the requirements of s. 59.43 (2m) and that removes property from the provisions of this chapter upon recording. “Removal instrument" does not include an instrument of conveyance.
168,8
Section
8. 703.065 of the statutes is created to read:
703.065 Recording requirements; general. Every instrument offered for record related to a condominium other than a plat or addendum shall satisfy all of the following criteria:
(1) The instrument shall include the name of the condominium as it appears in the declaration.
(2) The instrument shall be prepared in the standard format for recorded documents under s. 59.43 (2m) and (5) (a).
(3) The instrument shall comply with s. 706.05 (2) (a) and (b).
(4) If the instrument is a condominium instrument or an instrument that modifies a condominium instrument and the county in which the instrument is to be recorded has adopted an ordinance under s. 703.115, the instrument is accompanied by the certified written approval of the person who performed the review under the ordinance.
168,9
Section 9
. 703.07 (2) of the statutes is amended to read:
703.07 (2) A condominium instrument, and all amendments, addenda and certifications of a condominium instrument, shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in each county in the name of the declarant and the name of the condominium grantor and grantee and the description of the condominium property that is located in that county. Subsequent instruments affecting the title to a unit which is physically located entirely within a single county shall be recorded only in that county, notwithstanding the fact that the common elements are not physically located entirely within that county. Subsequent amendments and addenda shall be indexed under the name of the condominium.
168,10
Section
10. 703.08 (2) (intro.), (a) and (b) of the statutes are consolidated, renumbered 703.08 (2) and amended to read:
703.08 (2) A tenant may not be required to vacate the property during the 120-day period immediately following the date of delivery of the notice required under sub. (1) except for: (a) Violation of unless the tenant violates a covenant in the lease; or (b) Nonpayment of fails to pay rent.
168,11
Section
11. 703.09 (1) (title) of the statutes is created to read:
703.09 (1) (title) Requirements.
168,12
Section
12. 703.09 (1c) (title) of the statutes is created to read:
703.09 (1c) (title) Consent of property owners and mortgagees; declaration.
168,13
Section
13. 703.09 (2) of the statutes is amended to read:
703.09 (2) Amendment. Except as provided in sub. (4) and ss. 703.093, 703.13 (6) (c), (cm), and (d), (7) (b) and (bm), and (8) (b), (bm), and (bp), and 703.26, a condominium declaration may be amended with the written consent of at least two-thirds of the aggregate of the votes established under sub. (1) (f) or a greater percentage if provided in the declaration. An amendment becomes effective when it is recorded in the same manner as the declaration. The document submitting the amendment for recording shall state that the required consents and approvals for the amendment were received. Except as provided in sub. (2m), a unit owner's written consent is not effective unless it is approved in writing by the first mortgagee of the unit, or the holder of an equivalent security interest, if any. Approval from the first mortgage lender or equivalent security interest holder, or the person servicing the first mortgage loan or its equivalent on a unit, constitutes approval of the first mortgagee or equivalent security interest holder under this subsection.
168,14
Section
14. 703.09 (2m) (title) of the statutes is created to read:
703.09 (2m) (title) Consent of unit owners and mortgagees; amendments.
168,15
Section
15. 703.09 (3) (title) of the statutes is created to read:
703.09 (3) (title) Compensation for reduction in value; amendments.
168,16
Section
16. 703.09 (4) of the statutes is amended to read:
703.09 (4) Assignment of declarant's interest. A declarant may assign his or her rights and obligations as a declarant under this chapter by recording an amendment to the declaration that includes the assignment and an acceptance of the assignment that is signed by the assignee and acknowledged. A declarant may not assign under this subsection less than all of his or her rights and obligations as a declarant under this chapter.
168,17
Section 17
. 703.093 (1) of the statutes is amended to read:
703.093 (1) As an alternative to s. 703.09 (2), a condominium declaration may be amended under this section if at least two-thirds of the aggregate of the votes established under s. 703.09 (1) (f), or a greater percentage if provided in the declaration, consent to the amendment in writing and those consents are approved by the mortgagees or holders of equivalent security interests in the units. An amendment becomes effective when it is recorded in the same manner as the declaration.
168,18
Section
18. 703.093 (7) of the statutes is amended to read:
703.093 (7) Any person acquiring a mortgage or equivalent security interest on a unit after the affidavit is recorded under sub. (2) may notify the association in writing of the mortgage or equivalent security interest lien, identifying the unit on which it holds a lien, and signify its approval of or objection to the proposed amendment to the declaration.
168,19
Section
19. 703.095 of the statutes is renumbered 703.095 (1) and amended to read:
703.095 (1) Modifications. A recorded condominium instrument, amendment, or addendum may only be modified only by recording an amendment, addendum, or correction instrument, or by removal from the provisions of this chapter under s. 703.28 (1).
(2) Requirements. The register of deeds may not record an amendment, addendum, or correction instrument only if it does not refer
the document complies with s. 703.065, if applicable, and satisfies all of the following criteria:
(a) It refers to the condominium instrument, amendment, or addendum being modified or corrected, including the document number assigned to the document being modified, and may not record an amendment or addendum unless it if volume and page numbers are assigned to the document being modified or corrected, the volume and page where the document is recorded.
(b) It is numbered consecutively or and states that it is an amendment and restatement of the condominium instrument being modified or corrected, bears the name of the condominium as it appears in the declaration, and identifies.
(c) Identifies all units in the condominium.
168,20
Section
20. 703.095 (2) (d) of the statutes is created to read:
703.095 (2) (d) Clearly states the changes being made to the condominium instrument, amendment, or addendum it is modifying or correcting.
168,21
Section
21. 703.095 (3) of the statutes is created to read:
703.095 (3) Correction instrument. A correction instrument may be used only to correct a scrivener error on a condominium plat, including erroneous distances, angles, directions, bearings, chords, building or unit numbers, and street names.
168,22
Section
22. 703.10 (5) of the statutes is amended to read:
703.10 (5) Amendment. The bylaws may be amended by the affirmative vote of unit owners having 67 percent or more of the votes. Each particular set forth in sub. (2) shall be expressed in the bylaws as amended. Following an amendment to the bylaws, the association shall promptly deliver to each unit owner a copy of the approved amendment.
168,23
Section
23. 703.11 (2) (b) of the statutes is renumbered 703.11 (2) (b) (intro.) and amended to read:
703.11 (2) (b) (intro.) A survey of the property described in the declaration complying that satisfies all of the following criteria:
