Condominium Ownership Act — Annual Budget

Wisconsin Legislature: 703.161 Home Documents Senate Assembly Committees Service Agencies Docs Options Help 2025 Biennium Statutes Admin. Rules Indices Miscellaneous Archives Home Bill, Rule, and Appointment Histories Senators Representatives Committees Text of Introduced Proposals Amendment Text Acts Veto Messages Enrolled Bills Votes Assembly and Senate Floor Calendars Schedule of Committee Activities Assembly and Senate Journals Committee Records (ROCPs) Legislative Rules All Session-Related Documents Subject Index to Acts Subject Index to Legislation Subject Index to Journals Author Index to Legislation Subject Index to Clearinghouse Rules Miscellaneous Budget Documents Executive Orders Rulings of the Chair Wisconsin Supreme Court Rules Opinions of the Attorney General Town Law Forms Law Districts Session Drafting Files Feeds Preferences Show tree Hide tree Feedback Help Home Senate Home Senators Committees Session Chief Clerk Sergeant at Arms Civics Education Human Resources Assembly Home Representatives Committees Session Chief Clerk Sergeant at Arms Human Resources Schedule Joint Senate Assembly Study Legislative Audit Bureau Legislative Council Legislative Fiscal Bureau Legislative Human Resources Office Legislative Reference Bureau Legislative Technology Services Bureau Up Up 703.15(5) (5) Unit owner’s interest in association’s property. No unit owner may have any right, title or interest in any property owned by the association other than as holder of a percentage interest in common elements appurtenant to its unit. 703.15 History History: 1977 c. 407 ; 1979 c. 110 s. 60 (12) ; 1995 a. 225 ; 2003 a. 283 ; 2021 a. 166 . 703.15 Note NOTE: 2003 Wis. Act 283 , which affected this section, contains extensive explanatory notes. 703.15 Annotation Although the statutory definition of a “unit” under s. 703.02 (15) controls, it may be altered by other statutory provisions that look specifically to the declaration to define the substantive rights and obligations of unit owners. Sub. (4) (d) 1. explicitly allows the declaration to determine the number of votes appurtenant to each platted unit. Northernaire Resort & Spa, LLC v. Northernaire Condominium Ass’n, 2013 WI App 116 , 351 Wis. 2d 156 , 839 N.W.2d 116 , 12-1707 . 703.15 Annotation Sub. (3) lists the powers of condominium associations, including the conditional power of an association to acquire, hold, encumber, and convey any right, title, or interest in or to real property. The ownership of intangible property such as trademarks is not enumerated among the powers granted by this chapter. It is a well-established principle of statutory interpretation that the express mention of one matter excludes other similar matters that are not mentioned. The legislature, in drafting this chapter, was fully capable of granting condominium associations the power to own intangible property such as trademarks and trade names. It did not do so. Ritter v. Farrow, 2021 WI 14 , 395 Wis. 2d 787 , 955 N.W.2d 122 , 18-1518 . 703.15 Annotation Sub. (3) (a) 4. grants to associations broad authority to construct its bylaws as it sees fit, but any powers not enumerated under sub. (3) held by an association must be expressly conferred in either the condominium instruments or bylaws. Ritter …

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