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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:
SB550,8,1814 703.093 (7) Any person acquiring a mortgage or equivalent security interest
15on a unit after the affidavit is recorded under sub. (2) may notify the association in
16writing of the mortgage or equivalent security interest lien, identifying the unit on
17which it holds a lien, and signify its approval of or objection to the proposed
18amendment to the declaration.
SB550,20 19Section 20. 703.095 of the statutes is renumbered 703.095 (1) and amended
20to read:
SB550,8,2421 703.095 (1) Modifications. A recorded condominium instrument, amendment,
22or addendum may only be modified only by recording an amendment, addendum, or
23correction instrument, or by removal from the provisions of this chapter under s.
24703.28 (1).
SB550,9,3
1(2) Requirements. The register of deeds may not record an amendment,
2addendum, or correction instrument only if it does not refer the document complies
3with s. 703.065, if applicable, and satisfies all of the following criteria:
SB550,9,8 4(a) It refers to the condominium instrument, amendment, or addendum being
5modified or corrected, including the document number assigned to the document
6being modified
, and may not record an amendment or addendum unless it if volume
7and page numbers are assigned to the document being modified or corrected, the
8volume and page where the document is recorded.
SB550,9,11 9(b) It is numbered consecutively or states that it is an amendment and
10restatement of the condominium instrument being modified or corrected , bears the
11name of the condominium as it appears in the declaration, and identifies
.
SB550,9,12 12(c) Identifies all units in the condominium.
SB550,21 13Section 21. 703.095 (2) (d) of the statutes is created to read:
SB550,9,1514 703.095 (2) (d) Clearly states the changes being made to the condominium
15instrument, amendment, or addendum it is modifying or correcting.
SB550,22 16Section 22. 703.095 (3) of the statutes is created to read:
SB550,9,1917 703.095 (3) Correction instrument. A correction instrument may be used only
18to correct a scrivener error on a condominium plat, including erroneous distances,
19angles, directions, bearings, chords, building or unit numbers, and street names.
SB550,23 20Section 23. 703.10 (5) of the statutes is amended to read:
SB550,9,2521 703.10 (5) Amendment. The bylaws may be amended by the affirmative vote
22of unit owners having 67 percent or more of the votes. Each particular set forth in
23sub. (2) shall be expressed in the bylaws as amended. Following an amendment to
24the bylaws, the association shall promptly deliver to each unit owner a copy of the
25approved amendment.
SB550,24
1Section 24. 703.11 (2) (b) of the statutes is renumbered 703.11 (2) (b) (intro.)
2and amended to read:
SB550,10,43 703.11 (2) (b) (intro.) A survey of the property described in the declaration
4complying that satisfies all of the following criteria:
SB550,10,7 51. The survey complies with minimum standards for property surveys adopted
6by the examining board of architects, landscape architects, professional engineers,
7designers and professional land surveyors and showing .
SB550,10,9 82. The survey shows the location of any unit or building located or to be located
9on the property.
SB550,25 10Section 25. 703.11 (2) (b) 3. of the statutes is created to read:
SB550,10,1211 703.11 (2) (b) 3. The survey includes a clear and concise description of the
12surveyed property, as described in s. 236.34 (1m) (d) 2.
SB550,26 13Section 26. 703.11 (2) (d) of the statutes is amended to read:
SB550,10,1814 703.11 (2) (d) All survey maps and floor plans submitted for filing recording
15shall be legibly prepared with a binding margin of 1.5 inches on the left side and a
16one-inch margin on all other sides on durable white media that is 14 inches long by
1722 inches wide with a permanent nonfading black image. The maps and plans shall
18be drawn to a convenient scale.
SB550,27 19Section 27. 703.11 (5) of the statutes is amended to read:
SB550,10,2520 703.11 (5) Amendment Addendum. Except as provided in s. ss. 703.095 and
21703.265, amendment of a condominium plat may be modified only by an addendum
22that is not included as part of an amendment to the declaration shall be that is
23accomplished in the same manner as an amendment to the declaration under s.
24703.09 (2). An addendum is effective when it is recorded in the manner described
25under s. 703.07 (2)
.
SB550,28
1Section 28. 703.115 (1) (a) of the statutes is amended to read:
SB550,11,52 703.115 (1) (a) Requires the review to be completed within 10 15 working days
3after submission of the condominium instrument and provides that, if the review is
4not completed within this period, the condominium instrument is approved for
5recording.
SB550,29 6Section 29. 703.115 (1) (b) of the statutes is amended to read:
SB550,11,117 703.115 (1) (b) Provides that a condominium instrument may be rejected only
8if it fails to comply with the applicable requirements of ss. 703.065, 703.095, 703.11
9(2) (a), (am), (c) and (d) and (3), 703.275 (5) (1m) (b) and 703.28 (1m) or if the
10professional land surveyor's certificate under s. 703.11 (4) is not attached to or
11included in the condominium plat.
SB550,30 12Section 30. 703.12 of the statutes is amended to read:
SB550,11,21 13703.12 Description of units. A description in any deed or other instrument
14affecting title to any unit, including a conveyance, as defined in s. 706.01 (4), that
15makes reference to the letter or, number, or other appropriate designation of the unit
16on the condominium plat together with a reference to the condominium instruments
17and
, the name of the condominium as it appears in the declaration, the name of the
18county where the condominium is located, the document numbers assigned to the
19declaration, and if volume and page numbers are assigned to the declaration, the
20volume and page where the declaration is recorded,
shall be a good and sufficient
21description for all purposes.
SB550,31 22Section 31. 703.13 (4) of the statutes is amended to read:
SB550,12,523 703.13 (4) Change in percentage interest. The percentage interests shall have
24a permanent character and, except as specifically provided by this chapter, may not
25be changed without the written consent of all of the unit owners and their

1mortgagees. Any change shall be evidenced by an amendment to the declaration and
2recorded among the appropriate land records. The percentage interests may not be
3separated from the unit to which they appertain. Any instrument, matter,
4circumstance, action, occurrence, or proceeding in any manner affecting a unit also
5shall affect, in like manner, the percentage interests appurtenant to the unit.
SB550,32 6Section 32 . 703.13 (6) (c) of the statutes is renumbered 703.13 (6) (c) (intro.)
7and amended to read:
SB550,12,98 703.13 (6) (c) (intro.) An amendment to a declaration shall identify do all of the
9following:
SB550,12,12 101. Identify the units involved and shall state that the boundaries between those
11units are being relocated by agreement of the unit owners thereof. The amendment
12shall contain
SB550,12,15 132. Contain words of conveyance between those unit the owners, and when
14recorded shall also be indexed in the name of the grantor and grantee
of the units
15identified in subd. 1
.
SB550,12,19 163. If the adjoining unit owners have specified in their written application the
17reallocation between their units of the aggregate undivided interest in the common
18elements appertaining to those units, the amendment to the declaration shall reflect
19that reallocation.
SB550,12,23 20(cm) An amendment to a declaration under this paragraph par. (c) shall be
21adopted, at the option of the adjoining unit owners, either under s. 703.09 (2) or by
22the written consent of the owners of the adjoining units involved and the mortgagees
23of the adjoining units.
SB550,33 24Section 33. 703.13 (6) (d) of the statutes is amended to read:
SB550,13,7
1703.13 (6) (d) If the adjoining unit owners have specified in their written
2application a reasonable reallocation, as determined by the board of directors, of the
3number of votes in the association or liabilities for future common expenses not
4specially assessed, appertaining to their units, an amendment modifications to the
5condominium instruments shall reflect those reallocations. An amendment to a
6declaration
under this paragraph shall be adopted in the manner specified in par. (c)
7(cm).
SB550,34 8Section 34. 703.13 (6) (e) of the statutes is amended to read:
SB550,13,129 703.13 (6) (e) Plats and plans An addendum showing the altered boundaries
10and the dimensions thereof between adjoining units, and their identifying numbers
11or letters, shall be prepared. The plats and plans addendum shall be certified as to
12their its accuracy in compliance with this subsection by a professional land surveyor.
SB550,35 13Section 35. 703.13 (6) (f) of the statutes is amended to read:
SB550,13,2014 703.13 (6) (f) After appropriate instruments have been prepared and executed,
15they shall be delivered promptly to the adjoining unit owners upon payment by them
16of all reasonable charges costs for the preparation thereof. Those instruments are
17effective when the adjoining unit owners have executed them and they are recorded
18in the name of the grantor and grantee. The recordation thereof is conclusive
19evidence that the relocation of boundaries did not violate any restriction or limitation
20in
the condominium instruments.
SB550,36 21Section 36. 703.13 (7) (a) of the statutes is renumbered 703.13 (7) (am).
SB550,37 22Section 37. 703.13 (7) (ac) of the statutes is created to read:
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