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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:
SB550,13,2423 703.13 (7) (ac) In this subsection, “separator” means a person proposing the
24separation of a unit.
SB550,38 25Section 38. 703.13 (7) (b) of the statutes is amended to read:
SB550,14,5
1703.13 (7) (b) The principal officer of the association, upon written application
2of a person proposing the separation of a unit (separator) separator and after 30 days'
3written notice to all other unit owners, shall promptly prepare and execute
4appropriate instruments under this subsection. An amendment to the condominium
5instruments
SB550,14,7 6(bm) An amendment to separate a unit into 2 or more units shall assign do all
7of the following:
SB550,14,9 81. Assign a new identifying number to each new unit created by the separation
9of a unit, shall allocate.
SB550,14,14 102. Allocate to those units each new unit, on a reasonable basis acceptable to the
11separator and the executive board, all of the undivided interest in the common
12element and rights to use the limited common elements and the votes in the
13association formerly appertaining to the separated unit. The amendment shall
14reflect
SB550,14,17 153. Reflect a proportionate allocation to the new units of the liability for common
16expenses and rights to common surpluses formerly appertaining to the subdivided
17unit.
SB550,39 18Section 39. 703.13 (7) (c) of the statutes is amended to read:
SB550,14,2319 703.13 (7) (c) Plats and plans An addendum showing the boundaries and
20dimensions separating the new units together with their other boundaries and their
21new identifying numbers or letters shall be prepared. The plats and plans addendum
22shall be certified as to their its accuracy and compliance with this subsection by a
23professional land surveyor.
SB550,40 24Section 40. 703.13 (7) (d) of the statutes is amended to read:
SB550,15,7
1703.13 (7) (d) After appropriate instruments have been prepared and executed,
2they shall be delivered promptly to the separator upon payment by him or her of all
3reasonable cost for their preparation. Those instruments are effective when the
4separator has executed them and they are recorded in the name of the separator. The
5recording of the instruments is conclusive evidence that the separation did not
6violate any restrictions or limitation specified by the condominium instruments and
7that any reallocations made under this subsection were reasonable.
SB550,41 8Section 41 . 703.13 (8) (b) of the statutes is amended to read:
SB550,15,119 703.13 (8) (b) If the unit owners of adjoining units that may be merged desire
10to merge the units, the unit owners, after 30 days' written notice to all other unit
11owners, shall prepare and execute appropriate instruments under this subsection.
SB550,15,13 12(bm) An amendment to the condominium instruments shall assign do all of the
13following:
SB550,15,15 141. Assign a new identifying number to the new unit created by the merger of
15the units and shall allocate.
SB550,15,18 162. Allocate to the new unit all of the undivided interest in the common elements
17and rights to use the limited common elements and the votes in the association
18formerly appertaining to the separate units. The amendment shall reflect
SB550,15,20 193. Reflect an allocation to the new unit of the liability for common expenses and
20rights to common surpluses formerly appertaining to the separate units.
SB550,15,24 21(bp) An amendment to a declaration under this paragraph par. (bm) shall be
22adopted either under s. 703.09 (2) or by the written consent of the owners of the units
23to be merged, the mortgagees of those units, if any, and the board of directors of the
24association.
SB550,42 25Section 42. 703.13 (8) (c) of the statutes is amended to read:
SB550,16,4
1703.13 (8) (c) Plats and plans An addendum showing the boundaries and
2dimensions of the new unit together with the new identifying number or letter shall
3be prepared. The plats and plans addendum shall be certified as to their its accuracy
4and compliance with this subsection by a professional land surveyor.
SB550,43 5Section 43. 703.163 (11) of the statutes is amended to read:
SB550,16,116 703.163 (11) Recording of statutory reserve account statement. Each
7statutory reserve account statement executed under this section shall bear the name
8of the condominium as it appears on the declaration, shall be prepared in the
9standard format for recorded documents under s. 59.43 (2m) and (5) (a), shall comply
10with s. 706.05 (2) (a) and (b)
, and shall be recorded with the register of deeds of the
11county where the condominium instruments are recorded.
SB550,44 12Section 44. 703.165 (3) of the statutes is amended to read:
SB550,17,213 703.165 (3) Assessments constitute lien. All assessments, until paid,
14together with interest on them and actual costs of collection, constitute a lien on the
15units on which they are assessed, if a statement of lien is filed within 2 years after
16the date the assessment becomes due. The lien is effective against a unit at the time
17the assessment became due regardless of when within the 2-year period it is filed.
18A statement of condominium lien is filed in the land records of with the clerk of circuit
19court of the county where the unit is located, stating the description of the unit, the
20name of the record owner, the amount due and the period for which the assessment
21was due. The clerk of circuit court shall index the statement of condominium lien
22under the name of the record owner in the judgment and lien docket. The statement
23of condominium lien shall be signed and verified by an officer or agent of the
24association as specified in the bylaws and then may be filed. On full payment of the

1assessment for which the lien is claimed, the unit owner shall be entitled to a
2satisfaction of the lien that may be filed with the clerk of circuit court.
SB550,45 3Section 45. 703.19 (5) of the statutes is amended to read:
SB550,17,124 703.19 (5) Adjustment of percentage interests following taking; effect of
5taking on votes appurtenant to unit.
Following the taking of all or a part of any unit,
6the percentage interests appurtenant to the unit shall be adjusted in proportion as
7provided in the condominium instruments or bylaws. The association promptly shall
8prepare and record an amendment to the declaration reflecting the new percentage
9interests appurtenant to the unit. Subject to sub. (7), following the taking of part of
10a unit, the votes appurtenant to that unit shall be appurtenant to the remainder of
11that unit, and following the taking of all of a unit, the right to vote appurtenant to
12the unit shall terminate.
SB550,46 13Section 46. 703.26 (2) (intro.) of the statutes is amended to read:
SB550,17,1614 703.26 (2) Conditions to which reservation subject. (intro.) A reservation of
15the right to expand a condominium is subject to all of the following conditions
16provided in this subsection.:
SB550,47 17Section 47. 703.26 (2) (a) of the statutes is amended to read:
SB550,17,1918 703.26 (2) (a) A The declaration establishing a the condominium shall describe
19describes each parcel of property which that may be added to the condominium.
SB550,48 20Section 48. 703.26 (2) (b) of the statutes is renumbered 703.26 (2) (b) 1. (intro.)
21and amended to read:
SB550,17,2322 703.26 (2) (b) 1. (intro.) A The declaration establishing a the condominium
23shall show the shows all of the following:
SB550,17,25 24a. The maximum number of units which that may be added, and the to the
25condominium.
SB550,18,3
1b. The percentage interests in the common elements, the liabilities for common
2expenses, and the rights to common surpluses , and the appurtenant to each unit
3following the addition of property to the condominium.
SB550,18,7 4c. The number of votes appurtenant to each unit following the addition of
5property to the condominium, if added. The percentage interests in the common
6elements, the liabilities for common expenses and the rights to common surpluses,

7and the number of votes that each unit owner will have
SB550,18,10 82. The information under subd. 1. b. and c. may be shown by reference to a
9formula or other appropriate method of determining them following each expansion
10of the condominium.
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