Wisconsin Statutes
Wis. Stat. § 703.02 (2026)
Definitions
✓ current as of July 2026
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703.02(1h)(1h) “Amendment” means an instrument that modifies a recorded condominium declaration. “Amendment” includes a modification to a declaration to relocate unit boundaries under s. 703.13 (6), to separate or merge units under s. 703.13 (7) or (8), and to merge or consolidate a condominium under s. 703.275.
703.02(1m)(1m) “Association” means all of a condominium’s unit owners acting as a group, through an entity that is organized as provided under s. 703.15 (2) (a), in accordance with the condominium’s bylaws and declaration.
703.02(4)(4) “Condominium” means property subject to a condominium declaration established under this chapter.
703.02(5)(5) “Condominium instruments” mean the declaration, plats and plans of a condominium together with any attached exhibits or schedules.
703.02(6)(6) “Conversion condominium” means a structure which, before the recording of a condominium declaration, was wholly or partially occupied by persons other than those who have contracted for the purchase of condominium units and those who occupy with the consent of the purchasers.
703.02(6m)(6m) “Correction instrument” means an instrument drafted by a professional land surveyor that, upon recording, corrects an error in a condominium plat. “Correction instrument” does not include an instrument of conveyance.
703.02(7)(7) “Declarant” means any owner who subjects his or her property to a condominium declaration established under this chapter. The term includes an assignee of the declarant under s. 703.09 (4).
703.02(8)(8) “Declaration” means the instrument by which a property becomes subject to this chapter, and that declaration as amended from time to time.
703.02(8m)(8m) “Deliver” includes to deliver by hand, U.S. mail, commercial delivery, facsimile transmission, or electronic means.
703.02(9)(9) “Expandable condominium” means a condominium to which additional property or units or both may be added in accordance with the provisions of a declaration and this chapter.
703.02(10)(10) “Limited common element” means a common element identified in a declaration or on a condominium plat as reserved for the exclusive use of one or more but less than all of the unit owners.
703.02(11)(11) “Majority” or “majority of unit owners” mean the condominium unit owners with more than 50 percent of the votes assigned to the units in the condominium declaration.
703.02(12)(12) “Mortgagee” means the holder of any recorded mortgage encumbering one or more units or a land contract vendor.
703.02(13)(13) “Person” means an individual, corporation, partnership, association, trustee or other legal entity.
703.02(13r)(13r) “Professional land surveyor” means a professional land surveyor licensed under ch. 443.
703.02(14)(14) “Property” means unimproved land, land together with improvements on it or improvements without the underlying land. Property may consist of noncontiguous parcels or improvements.
703.02(14g)(14g) “Removal instrument” means an instrument that removes property from the provisions of this chapter upon recording. “Removal instrument” does not include an instrument of conveyance.
703.02(15)(15) “Unit” means a part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space or one or more rooms or enclosed spaces located on one or more floors, or parts thereof, in a building. A unit may include 2 or more noncontiguous areas.
703.02(17)(17) “Unit owner” means a person, combination of persons, partnership or corporation who holds legal title to a condominium unit or has equitable ownership as a land contract vendee.
703.02 HistoryHistory: 1977 c. 407; 1985 a. 188; 1997 a. 333; 1999 a. 85; 2003 a. 283; 2007 a. 20; 2013 a. 358; 2021 a. 166, 168.
703.02 NoteNOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.02 AnnotationThe definition of “unit” under sub. (15) encompasses a property on which there is no constructed unit. Aluminium Industries v. Camelot Trails, 194 Wis. 2d 575, 535 N.W.2d 74 (Ct. App. 1995).
703.02 AnnotationSmall lock boxes were not “intended for any type of independent use” within the meaning of “unit” under sub. (15). Because there are no valid units, there could be no valid condominium units, and the conveyance of riparian rights to docks attempted to be transferred as common elements were not valid. ABKA Limited Partnership v. DNR, 2002 WI 106, 255 Wis. 2d 486, 648 N.W.2d 854, 99-2306.
703.02 AnnotationEach unit identified in the condominium declaration is a unit for purposes of separate taxation under s. 703.21, regardless of whether the unit has been constructed. For purposes of identifying the “unit,” as defined in sub. (15), a unit may exist without a building. Saddle Ridge Corp. v. Board of Review, 2010 WI 47, 325 Wis. 2d 29, 784 N.W.2d 527, 07-2886.
703.02 AnnotationAlthough the statutory definition of a “unit” under sub. (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. Section 703.15 (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.
Notes of Decisions
Cited in 25
cases (5 in the last 5 years), 1990–2025 · leading case: ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002).
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “703, but principally the statute that defines a condominium "unit," Wis. Stat. § 703.02 (15). Our interpretation of the Wisconsin condominium statutes is aided by a comparison to the Uniform Acts, which Wisconsin has not adopted.”
Saddle Ridge v. Bd. for Town of Pac., 2010 WI 47 (Wis. 2010). “Wis. Stat. § 703.02 (4). Once the declaration and plat are properly recorded, the condominium exists regardless of whether any units have been constructed.”
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2001 WI App 223 (Wis. Ct. App. 2001). “" Wis. Stat. § 703.02 (4). A "declaration" is defined as "the instrument by which a property becomes subject to this chapter, and that declaration as amended from time to time," § 703.”
Aluminum Indus. Corp. v. Camelot Trails Condo. Corp., 535 N.W.2d 74 (Wis. Ct. App. 1995). “This case presents an issue of first impression: whether, under § 703.02(15), STATS., a condominium *577 property on which no construction has taken place is a "unit" subject to assessment for common expenses under § 703.”
Solowicz v. Forward Geneva Nat'l, LLC, 2010 WI 20 (Wis. 2010). “See Wis. Stat. § 703.02 (5). First, to qualify as a condominium declaration, the document "shall contain" "a statement of the owner's intent to subject the property to the condominium declaration" under the Act, a name including the word "condominium" and a description of the…”
Apple Valley Gardens Ass'n v. MacHutta, 2009 WI 28 (Wis. 2009). “" Wis. Stat. § 703.02 (7)." 'Declaration' means the instrument by which a property becomes subject to this chapter, and that declaration as amended from time to time.”
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “As the association points out, the declaration's definition of "common elements" as all land not comprising the living units is consistent with § 703.02(2), STATS., 6 and the conflicting description restricting the common elements area is not consistent with the statute.”
Berkos v. Shipwreck Bay Condo. Ass'n, 2008 WI App 122 (Wis. Ct. App. 2008). “See Wis. Stat. §§ 703.02 (8), 703.01. Wisconsin Stat.”
Towne Realty, Inc. v. Edwards, 456 N.W.2d 651 (Wis. Ct. App. 1990). “The definitions embodied in sec. 703.02, Stats., apply to the entire chapter.”
Apple Valley Gardens Ass'n v. MacHutta, 2007 WI App 270 (Wis. Ct. App. 2007). “We read the language of the declaration regarding leases and rental agreements as applying to that scenario.”
Solowicz v. Forward Geneva Nat'l, 2009 WI App 9 (Wis. Ct. App. 2008). “Wis. Stat. §§ 703.02 (4), 703.03, 703.07, 703.”
Hunt Club Condos., Inc. v. Mac-Gray Servs., Inc., 2006 WI App 167 (Wis. Ct. App. 2006). “" Wis. Stat. § 703.02 (7). 4 We do not wish to suggest that Hunt Club Equities, LLC, if it still exists, has no potential liability to Mac-Gray stemming from the covenants in the lease if it is ultimately determined that Association is not obligated to honor the lease.”
— Wis. Stat. § 703.02(1) — 1 case
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “703, but principally the statute that defines a condominium "unit," Wis. Stat. § 703.02 (15). Our interpretation of the Wisconsin condominium statutes is aided by a comparison to the Uniform Acts, which Wisconsin has not adopted.”
— Wis. Stat. § 703.02(10) — 1 case
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “703, but principally the statute that defines a condominium "unit," Wis. Stat. § 703.02 (15). Our interpretation of the Wisconsin condominium statutes is aided by a comparison to the Uniform Acts, which Wisconsin has not adopted.”
— Wis. Stat. § 703.02(12) — 1 case
Towne Realty, Inc. v. Edwards, 456 N.W.2d 651 (Wis. Ct. App. 1990). “The definitions embodied in sec. 703.02, Stats., apply to the entire chapter.”
— Wis. Stat. § 703.02(14) — 2 cases
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “703, but principally the statute that defines a condominium "unit," Wis. Stat. § 703.02 (15). Our interpretation of the Wisconsin condominium statutes is aided by a comparison to the Uniform Acts, which Wisconsin has not adopted.”
Ted Ritter v. Tony Farrow, 2019 WI App 46 (Wis. Ct. App. 2019).
— Wis. Stat. § 703.02(15) — 7 cases
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “703, but principally the statute that defines a condominium "unit," Wis. Stat. § 703.02 (15). Our interpretation of the Wisconsin condominium statutes is aided by a comparison to the Uniform Acts, which Wisconsin has not adopted.”
Aluminum Indus. Corp. v. Camelot Trails Condo. Corp., 535 N.W.2d 74 (Wis. Ct. App. 1995). “This case presents an issue of first impression: whether, under § 703.02(15), STATS., a condominium *577 property on which no construction has taken place is a "unit" subject to assessment for common expenses under § 703.”
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2001 WI App 223 (Wis. Ct. App. 2001). “" Wis. Stat. § 703.02 (4). A "declaration" is defined as "the instrument by which a property becomes subject to this chapter, and that declaration as amended from time to time," § 703.”
Saddle Ridge v. Bd. for Town of Pac., 2010 WI 47 (Wis. 2010). “Wis. Stat. § 703.02 (4). Once the declaration and plat are properly recorded, the condominium exists regardless of whether any units have been constructed.”
Northernaire Resort & Spa, LLC v. Northernaire Condo. Ass'n, 2013 WI App 116 (Wis. Ct. App. 2013).
— Wis. Stat. § 703.02(17) — 1 case
Aluminum Indus. Corp. v. Camelot Trails Condo. Corp., 535 N.W.2d 74 (Wis. Ct. App. 1995). “This case presents an issue of first impression: whether, under § 703.02(15), STATS., a condominium *577 property on which no construction has taken place is a "unit" subject to assessment for common expenses under § 703.”
— Wis. Stat. § 703.02(1h) — 1 case
Piper v. Nitschke's N. Resort Condo., 2009 WI App 182 (Wis. Ct. App. 2010).
— Wis. Stat. § 703.02(2) — 4 cases
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “703, but principally the statute that defines a condominium "unit," Wis. Stat. § 703.02 (15). Our interpretation of the Wisconsin condominium statutes is aided by a comparison to the Uniform Acts, which Wisconsin has not adopted.”
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “As the association points out, the declaration's definition of "common elements" as all land not comprising the living units is consistent with § 703.02(2), STATS., 6 and the conflicting description restricting the common elements area is not consistent with the statute.”
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2001 WI App 223 (Wis. Ct. App. 2001). “" Wis. Stat. § 703.02 (4). A "declaration" is defined as "the instrument by which a property becomes subject to this chapter, and that declaration as amended from time to time," § 703.”
Town Homes of Shell Lake Condo. Ass'n, Inc. v. Cnty. of Washburn (Wis. Ct. App. 2025).
— Wis. Stat. § 703.02(3) — 1 case
Elaine Strassburg v. Hickory Meadows Ass'n, Inc. (Wis. Ct. App. 2024).
— Wis. Stat. § 703.02(4) — 3 cases
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “As the association points out, the declaration's definition of "common elements" as all land not comprising the living units is consistent with § 703.02(2), STATS., 6 and the conflicting description restricting the common elements area is not consistent with the statute.”
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2001 WI App 223 (Wis. Ct. App. 2001). “" Wis. Stat. § 703.02 (4). A "declaration" is defined as "the instrument by which a property becomes subject to this chapter, and that declaration as amended from time to time," § 703.”
Town Homes of Shell Lake Condo. Ass'n, Inc. v. Cnty. of Washburn (Wis. Ct. App. 2025).
— Wis. Stat. § 703.02(5) — 1 case
Elaine Strassburg v. Hickory Meadows Ass'n, Inc. (Wis. Ct. App. 2024).
— Wis. Stat. § 703.02(7) — 1 case
Apple Valley Gardens Ass'n v. Machutta, 2007 WI App 270 (Wis. Ct. App. 2007).
— Wis. Stat. § 703.02(8) — 7 cases
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “703, but principally the statute that defines a condominium "unit," Wis. Stat. § 703.02 (15). Our interpretation of the Wisconsin condominium statutes is aided by a comparison to the Uniform Acts, which Wisconsin has not adopted.”
Aluminum Indus. Corp. v. Camelot Trails Condo. Corp., 535 N.W.2d 74 (Wis. Ct. App. 1995). “This case presents an issue of first impression: whether, under § 703.02(15), STATS., a condominium *577 property on which no construction has taken place is a "unit" subject to assessment for common expenses under § 703.”
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2001 WI App 223 (Wis. Ct. App. 2001). “" Wis. Stat. § 703.02 (4). A "declaration" is defined as "the instrument by which a property becomes subject to this chapter, and that declaration as amended from time to time," § 703.”
Ted Ritter v. Tony Farrow, 2019 WI App 46 (Wis. Ct. App. 2019).
Kaitlin Woods Condo. Ass'n v. North Shore Bank, FSB, 2013 WI App 146 (Wis. Ct. App. 2013).
Annotations are extracted automatically from the opinions in the
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