703.093 Alternative procedure for amending declaration.

605 words·~3 min read·/wi/chapter-703/703-093-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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

(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.

(2)The association has 180 days to secure the required consents and approvals under this section, commencing with the recording of an affidavit with the register of deeds of the county in which the condominium is located. The affidavit shall do all of the following:

(a)Set forth the text of the proposed amendment.

(b)Provide the name and address of the senior executive officer of the association to whom inquiries should be directed with regard to the proposed amendment.

(c)State that a notice was sent to each owner of record and each lender of record for each unit of the association on the date the affidavit is recorded.

(d)Be signed by the senior executive officer of the association.

(3)Notice of a proposed amendment to a declaration under this section shall be mailed on the date the affidavit is recorded under sub.

(2)to the owner of each condominium unit and to any mortgagee of, or holder of an equivalent security interest in, each unit, as identified in a title report prepared on the date the notice is sent.

(4)The notice mailed under sub.

(3)shall do all of the following:

(a)Contain a copy of the text of the proposed amendment and a current copy of this section.

(b)Include a written ballot to be signed by the unit owner, identifying the unit casting the ballot and identifying each owner of record of that unit as of the date the affidavit is recorded under sub.

(2). The ballot shall include a place for any mortgagee or equivalent security interest holder to whom notice is sent under sub.

(3)to indicate its approval or objection under sub.

(b).

(c)State that, if more than one person is an owner of the unit and the owners cannot agree how to cast the ballot, the unit’s vote shall be treated as a vote in opposition to the proposed amendment.

(d)State that a ballot signed by only one owner shall count as the ballot of that unit, unless more than one ballot is received by the association for that unit, in which case all ballots received for that unit must concur in the vote cast or the ballots, collectively, shall be treated as a vote in opposition to the proposed amendment by that unit.

(e)State that the proposed amendment must be voted on as written and that no changes to the proposed amendment may be accomplished by this vote.

(f)Include the address to which the completed ballot should be mailed or delivered.

(a)The owner of each unit shall vote on the proposed amendment by signing the ballot before a notary public and by mailing the signed and notarized ballot or by personally delivering it to the association of unit owners at the applicable address specified under sub.

(f).

(b)Each mortgagee or equivalent security interest holder receiving the notice under sub.

(3)shall signify its approval or objection to the amendment by having an authorized person sign the ballot before a notary public and by returning the signed, notarized ballot to the association.