This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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.
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:
AB598,1 1Section 1. 703.02 (1b) of the statutes is amended to read:
AB598,4,32 703.02 (1b) “Addendum" means a condominium an instrument that modifies
3a recorded condominium plat.
AB598,2 4Section 2. 703.02 (1h) of the statutes is amended to read:
AB598,4,95 703.02 (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.
AB598,3 10Section 3. 703.02 (3) of the statutes is amended to read:
AB598,4,1211 703.02 (3) “Common expenses and common surpluses" mean the expenses and
12surpluses of an association.
AB598,4 13Section 4. 703.02 (3m) of the statutes is created to read:
AB598,4,1414 703.02 (3m) “Common surpluses” mean the surpluses of an association.
AB598,5 15Section 5. 703.02 (6m) of the statutes is amended to read:
AB598,4,1916 703.02 (6m) “Correction instrument" means an instrument drafted by a
17professional land surveyor that complies with the requirements of s. 59.43 (2m) and
18that, upon recording, corrects an error in a condominium plat. “Correction
19instrument" does not include an instrument of conveyance.
AB598,6 20Section 6 . 703.02 (8m) of the statutes is created to read:
AB598,5,2
1703.02 (8m) “Deliver” includes to deliver by hand, U.S. mail, commercial
2delivery, facsimile transmission, or electronic means.
AB598,7 3Section 7. 703.02 (14g) of the statutes is amended to read:
AB598,5,74 703.02 (14g) “Removal instrument" means an instrument that complies with
5the requirements of s. 59.43 (2m) and
that removes property from the provisions of
6this chapter upon recording. “Removal instrument" does not include an instrument
7of conveyance.
AB598,8 8Section 8. 703.065 of the statutes is created to read:
AB598,5,11 9703.065 Recording requirements; general. Every instrument offered for
10record related to a condominium other than a plat or addendum shall satisfy all of
11the following criteria:
AB598,5,13 12(1) The instrument shall include the name of the condominium as it appears
13in the declaration.
AB598,5,15 14(2) The instrument shall be prepared in the standard format for recorded
15documents under s. 59.43 (2m) and (5) (a).
AB598,5,16 16(3) The instrument shall comply with s. 706.05 (2) (a) and (b).
AB598,5,21 17(4) If the instrument is a condominium instrument or an instrument that
18modifies a condominium instrument and the county in which the instrument is to be
19recorded has adopted an ordinance under s. 703.115, the instrument is accompanied
20by the certified written approval of the person who performed the review under the
21ordinance.
AB598,9 22Section 9 . 703.07 (2) of the statutes is amended to read:
AB598,6,723 703.07 (2) A condominium instrument, and all amendments, addenda and
24certifications of a condominium instrument, shall be recorded in every county in
25which any portion of the condominium is located, and shall be indexed in each county

1in the name of the declarant and the name of the condominium grantor and grantee
2and the description of the condominium property that is located in that county
.
3Subsequent instruments affecting the title to a unit which is physically located
4entirely within a single county shall be recorded only in that county, notwithstanding
5the fact that the common elements are not physically located entirely within that
6county. Subsequent amendments and addenda shall be indexed under the name of
7the condominium.
AB598,10 8Section 10. 703.08 (2) (intro.), (a) and (b) of the statutes are consolidated,
9renumbered 703.08 (2) and amended to read:
AB598,6,1310 703.08 (2) A tenant may not be required to vacate the property during the
11120-day period immediately following the date of delivery of the notice required
12under sub. (1) except for: (a) Violation of unless the tenant violates a covenant in the
13lease; or (b) Nonpayment of fails to pay rent.
AB598,11 14Section 11. 703.09 (1) (title) of the statutes is created to read:
AB598,6,1515 703.09 (1) (title) Requirements.
AB598,12 16Section 12 . 703.09 (1b) of the statutes is created to read:
AB598,6,2017 703.09 (1b) Declarant rights after period of declarant control;
18prohibition
. A condominium declaration may not provide a declarant with a right
19in the association of unit owners after the period of declarant control ends under s.
20703.15 (2) (c) if the right is not granted to unit owners who are not the declarant.
AB598,13 21Section 13. 703.09 (1c) (title) of the statutes is created to read:
AB598,6,2222 703.09 (1c) (title) Consent of property owners and mortgagees; declaration.
AB598,14 23Section 14. 703.09 (2) of the statutes is amended to read:
AB598,7,1124 703.09 (2) Amendment. Except as provided in sub. (4) and ss. 703.093, 703.13
25(6) (c), (cm), and (d), (7) (b) and (bm), and (8) (b), (bm), and (bp), and 703.26, a

1condominium declaration may be amended with the written consent of at least
2two-thirds of the aggregate of the votes established under sub. (1) (f) or a greater
3percentage if provided in the declaration. An amendment becomes effective when
4it is recorded in the same manner as the declaration. The document submitting the
5amendment for recording shall state that the required consents and approvals for the
6amendment were received. Except as provided in sub. (2m), a unit owner's written
7consent is not effective unless it is approved in writing by the first mortgagee of the
8unit, or the holder of an equivalent security interest, if any. Approval from the first
9mortgage lender or equivalent security interest holder, or the person servicing the
10first mortgage loan or its equivalent on a unit, constitutes approval of the first
11mortgagee or equivalent security interest holder under this subsection.
AB598,15 12Section 15. 703.09 (2m) (title) of the statutes is created to read:
AB598,7,1313 703.09 (2m) (title) Consent of unit owners and mortgagees; amendments.
AB598,16 14Section 16. 703.09 (3) (title) of the statutes is created to read:
AB598,7,1515 703.09 (3) (title) Compensation for reduction in value; amendments.
AB598,17 16Section 17. 703.09 (4) of the statutes is amended to read:
AB598,7,2217 703.09 (4) Assignment of declarant's interest. A declarant may assign his or
18her rights and obligations as a declarant under this chapter by recording an
19amendment to the declaration that includes the assignment and an acceptance of the
20assignment that is signed by the assignee and acknowledged. A declarant may not
21assign under this subsection less than all of his or her rights and obligations as a
22declarant under this chapter.
AB598,18 23Section 18 . 703.093 (1) of the statutes is amended to read:
AB598,8,524 703.093 (1) As an alternative to s. 703.09 (2), a condominium declaration may
25be amended under this section if at least two-thirds of the aggregate of the votes

1established under s. 703.09 (1) (f), or a greater percentage if provided in the
2declaration, consent to the amendment in writing and those consents are approved
3by the mortgagees or holders of equivalent security interests in the units. An
4amendment becomes effective when it is recorded in the same manner as the
5declaration
.
AB598,19 6Section 19. 703.093 (7) of the statutes is amended to read:
AB598,8,117 703.093 (7) Any person acquiring a mortgage or equivalent security interest
8on a unit after the affidavit is recorded under sub. (2) may notify the association in
9writing of the mortgage or equivalent security interest lien, identifying the unit on
10which it holds a lien, and signify its approval of or objection to the proposed
11amendment to the declaration.
AB598,20 12Section 20. 703.095 of the statutes is renumbered 703.095 (1) and amended
13to read:
AB598,8,1714 703.095 (1) Modifications. A recorded condominium instrument, amendment,
15or addendum may only be modified only by recording an amendment, addendum, or
16correction instrument, or by removal from the provisions of this chapter under s.
17703.28 (1).
AB598,8,20 18(2) Requirements. The register of deeds may not record an amendment,
19addendum, or correction instrument only if it does not refer the document complies
20with s. 703.065, if applicable, and satisfies all of the following criteria:
AB598,8,25 21(a) It refers to the condominium instrument, amendment, or addendum being
22modified or corrected, including the document number assigned to the document
23being modified
, and may not record an amendment or addendum unless it if volume
24and page numbers are assigned to the document being modified or corrected, the
25volume and page where the document is recorded.
AB598,9,3
1(b) It is numbered consecutively or states that it is an amendment and
2restatement of the condominium instrument being modified or corrected , bears the
3name of the condominium as it appears in the declaration, and identifies
.
AB598,9,4 4(c) Identifies all units in the condominium.
AB598,21 5Section 21. 703.095 (2) (d) of the statutes is created to read:
AB598,9,76 703.095 (2) (d) Clearly states the changes being made to the condominium
7instrument, amendment, or addendum it is modifying or correcting.
AB598,22 8Section 22. 703.095 (3) of the statutes is created to read:
AB598,9,119 703.095 (3) Correction instrument. A correction instrument may be used only
10to correct a scrivener error on a condominium plat, including erroneous distances,
11angles, directions, bearings, chords, building or unit numbers, and street names.
AB598,23 12Section 23. 703.10 (5) of the statutes is amended to read:
AB598,9,1713 703.10 (5) Amendment. The bylaws may be amended by the affirmative vote
14of unit owners having 67 percent or more of the votes. Each particular set forth in
15sub. (2) shall be expressed in the bylaws as amended. Following an amendment to
16the bylaws, the association shall promptly deliver to each unit owner a copy of the
17approved amendment.
AB598,24 18Section 24. 703.11 (2) (b) of the statutes is renumbered 703.11 (2) (b) (intro.)
19and amended to read:
AB598,9,2120 703.11 (2) (b) (intro.) A survey of the property described in the declaration
21complying that satisfies all of the following criteria:
AB598,9,24 221. The survey complies with minimum standards for property surveys adopted
23by the examining board of architects, landscape architects, professional engineers,
24designers and professional land surveyors and showing .
AB598,10,2
12. The survey shows the location of any unit or building located or to be located
2on the property.
AB598,25 3Section 25. 703.11 (2) (b) 3. of the statutes is created to read:
AB598,10,54 703.11 (2) (b) 3. The survey includes a clear and concise description of the
5surveyed property, as described in s. 236.34 (1m) (d) 2.
AB598,26 6Section 26. 703.11 (2) (d) of the statutes is amended to read:
AB598,10,117 703.11 (2) (d) All survey maps and floor plans submitted for filing recording
8shall be legibly prepared with a binding margin of 1.5 inches on the left side and a
9one-inch margin on all other sides on durable white media that is 14 inches long by
1022 inches wide with a permanent nonfading black image. The maps and plans shall
11be drawn to a convenient scale.
AB598,27 12Section 27. 703.11 (5) of the statutes is amended to read:
Loading...
Loading...