Wisconsin Statutes
Wis. Stat. § 703.09 (2026)
Declaration
✓ current as of July 2026
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703.09(1)(a)(a) The name and address of the condominium and the name shall include the word “condominium” or be followed by the words “a condominium”.
703.09(1)(b)(b) A description of the land on which the condominium is, or is to be, located, together with a statement of the owner’s intent to subject the property to the condominium declaration established under this chapter.
703.09(1)(c)(c) A description of each unit, including its perimeters, location, and any other data sufficient to identify the unit with reasonable certainty.
703.09(1)(d)(d) A general description of the common elements together with a designation of those portions of the common elements that are limited common elements and the unit to which the use of each is restricted. Fixtures designed to serve a single unit, located contiguous to the unit’s boundaries, are deemed limited common elements appertaining to that unit exclusively and need not be shown or designated as limited common elements in the condominium instruments.
703.09(1)(f)(f) The number of votes at meetings of the association of unit owners appurtenant to each unit.
703.09(1)(g)(g) Statement of the purposes for which the building and each of the units are intended and restricted as to use.
703.09(1)(i)(i) Provision as to the percentage of votes by the unit owners which shall be determinative of whether to rebuild, repair, restore or sell the property in the event of damage or destruction of all or part of the property.
703.09(1)(j)(j) Any further details in connection with the property which the person executing the declaration deems desirable to set forth consistent with this chapter, except those provisions which are required to be included in the bylaws.
703.09(1c)(1c) Consent of property owners and mortgagees; declaration. A condominium declaration shall be signed by the owners of the property and any first mortgagee of the property or the holder of an equivalent security interest in the property in the same manner as required in conveyances of real property.
703.09(2)(2) Amendment. Except as provided in sub. (4) and ss. 703.093, 703.13 (6) (c), (cm), and (d), (7) (b) and (bm), and (8) (b), (bm), and (bp), and 703.26, a condominium declaration may be amended with the written consent of at least two-thirds of the aggregate of the votes established under sub. (1) (f) or a greater percentage if provided in the declaration. An amendment becomes effective when it is recorded. The document submitting the amendment for recording shall state that the required consents and approvals for the amendment were received. Except as provided in sub. (2m), a unit owner’s written consent is not effective unless it is approved in writing by the first mortgagee of the unit, or the holder of an equivalent security interest, if any. Approval from the first mortgage lender or equivalent security interest holder, or the person servicing the first mortgage loan or its equivalent on a unit, constitutes approval of the first mortgagee or equivalent security interest holder under this subsection.
703.09(2m)(a)(a) In this subsection, “first mortgagee” means the first mortgagee of a unit or the holder of an equivalent security interest, the first mortgage lender on a unit or the equivalent security interest holder, or the person servicing the first mortgage loan or its equivalent on a unit.
703.09(2m)(b)(b) A unit owner, or the association on behalf of a unit owner, may obtain the approval required under sub. (2) by providing written notice of the amendment to the first mortgagee that includes all of the following:
703.09(2m)(b)3.3. A form upon which the first mortgagee may indicate its approval or disapproval of the amendment.
703.09(2m)(b)4.4. A statement that, if the first mortgagee fails to complete and return the form described under subd. 3. or otherwise disapprove the amendment in writing within 60 days from the date of mailing of the notice, the first mortgagee is considered to have given its approval of the amendment.
703.09(2m)(c)(c) The unit owner or association shall deliver the notice under par. (b) by certified mail to the last-known address of the first mortgagee. If no other address is known to the unit owner or association, the unit owner or association may deliver the notice to the address of the first mortgagee as the address appears on the mortgage or equivalent security instrument and to the address to which the unit owner sends any periodic payments on the first mortgage loan or its equivalent.
703.09(2m)(d)(d) If the first mortgagee fails to complete and return the form described under par. (b) 3. or otherwise disapprove the amendment in writing within 60 days after the unit owner or association mails the notice under par. (c), the first mortgagee is considered to have given its approval of the amendment as required under sub. (2).
703.09(3)(a)(a) If an amendment to a condominium declaration has the effect of reducing the value of any unit owner’s interest in any common element, including any limited common element, and increases the value of the declarant’s or any other unit owner’s interest in the common element or limited common element, then the declarant or other unit owner shall compensate the unit owner the value of whose interest is reduced in the amount of the reduction in value, either in cash or by other consideration acceptable to the unit owner.
703.09(4)(4) Assignment of declarant’s interest. A declarant may assign his or her rights and obligations as a declarant under this chapter by recording an amendment that includes the assignment and an acceptance of the assignment that is signed by the assignee and acknowledged. A declarant may not assign under this subsection less than all of his or her rights and obligations as a declarant under this chapter.
703.09 NoteNOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.09 AnnotationAn amendment of a condominium declaration that changed a common area to a limited common area but did not change the owners’ percentage interests in the common areas did not require unanimous approval of all owners and was valid. Any reduction in value due to the change from common area was recoverable under sub. (3) (a) by the owners whose condominium value decreased due to the change. Newport Condominium Ass’n v. Concord-Wisconsin, 205 Wis. 2d 577, 556 N.W.2d 775 (Ct. App. 1996), 95-0869.
703.09 AnnotationA condominium complex may prohibit the rental of condominium units through an amendment to the bylaws. Nothing in sub. (1) (g) or in any other section of this chapter requires that all restrictions on use must be identified in the declaration. Section 703.10 (3) expressly authorizes the placement of additional use restrictions in condominium bylaws and does not contain limitations on the types of restrictions that can be implemented through bylaw amendments. As long as use restrictions do not conflict with the declaration or with state or federal law, they are valid and enforceable. Apple Valley Gardens Ass’n v. MacHutta, 2009 WI 28, 316 Wis. 2d 85, 763 N.W.2d 126, 07-0191.
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1976–2026 · leading case: Solowicz v. Forward Geneva Nat'l, LLC, 2010 WI 20 (Wis. 2010).
Solowicz v. Forward Geneva Nat'l, LLC, 2010 WI 20 (Wis. 2010). “See Wis. Stat. § 703.09 . *119 Chapter 703 applies to all property with a duly executed condominium instrument.”
Apple Valley Gardens Ass'n v. MacHutta, 2007 WI App 270 (Wis. Ct. App. 2007). “On appeal the MacHuttas contend that (1) the bylaw amendment is unenforceable because Wis. Stat. § 703.09 (l)(g) (2005-06) 1 requires that all use restrictions be recorded in the condominium declaration; (2) such rental restrictions make the title unmarketable, in violation of…”
Apple Valley Gardens Ass'n v. MacHutta, 2009 WI 28 (Wis. 2009). “The circuit court entered summary judgment in favor of the Association, holding that: (1) Wis. Stat. § 703.09 (1) does not prohibit condominium bylaws from containing use restrictions; (2) Wis.”
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “, the declaration is to contain, among other things, a description of the condominium lands showing the intended units and common areas, together with other specified information about the project and the rights and interests of persons purchasing the units.”
Saddle Ridge v. Bd. for Town of Pac., 2010 WI 47 (Wis. 2010). “Wis. Stat. §§ 703.09 , 703.11. ¶ 8. The person who creates a condominium by subjecting the property to a condominium declaration is referred to as the "declarant.”
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “Section 703.09(1) provides: *507 (1) A condominium declaration shall contain: .”
Anderson v. Quinn, 2007 WI App 260 (Wis. Ct. App. 2007). “Wis. Stat. § 703.09 (l)(b)-(d). The declaration must be signed by the owner of the property and the first mortgagee, if any, on it.”
Newport Condo. Ass'n v. Concord-Wisconsin, Inc., 556 N.W.2d 775 (Wis. Ct. App. 1996). “09(2) provides that an association may amend its declaration with "the written consent of at least two-thirds of the unit owners .”
Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30 (Wis. 2016). “§§ 703.09(1)(g), 703.10(3). However, we disagree with the dissent's assertion that under our holding no use restriction imposed by a condominium or homeowners association could survive a foreclosure action.”
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2001 WI App 223 (Wis. Ct. App. 2001). “§ 703.09. A condominium "unit" is defined as 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…”
Stevens Constr. Corp. v. Draper Hall, Inc., 242 N.W.2d 893 (Wis. 1976). “Sec. 703.09, Stats., is part of the Wisconsin Unit Ownership Act, which governs the development and operation of condominiums in the state.”
Ted Ritter v. Tony Farrow, 2021 WI 14 (Wis. 2021). “See Wis. Stat. § 703.09 (1)(a)-(j). 4 No. 2018AP1518 any of the units [sic] owners from renting out the unit or units.”
— Wis. Stat. § 703.09(1) — 2 cases
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “Section 703.09(1) provides: *507 (1) A condominium declaration shall contain: .”
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “, the declaration is to contain, among other things, a description of the condominium lands showing the intended units and common areas, together with other specified information about the project and the rights and interests of persons purchasing the units.”
— Wis. Stat. § 703.09(1)(c) — 1 case
Saddle Ridge v. Bd. for Town of Pac., 2010 WI 47 (Wis. 2010). “Wis. Stat. §§ 703.09 , 703.11. ¶ 8. The person who creates a condominium by subjecting the property to a condominium declaration is referred to as the "declarant.”
— Wis. Stat. § 703.09(1)(d) — 1 case
Larson v. Castle at the Bay, LLC, 922 N.W.2d 321 (Wis. Ct. App. 2018).
— Wis. Stat. § 703.09(1)(g) — 4 cases
Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30 (Wis. 2016). “§§ 703.09(1)(g), 703.10(3). However, we disagree with the dissent's assertion that under our holding no use restriction imposed by a condominium or homeowners association could survive a foreclosure action.”
Apple Valley Gardens Ass'n v. Machutta, 2007 WI App 270 (Wis. Ct. App. 2007).
Apple Valley Gardens Ass'n v. Machutta, 2009 WI 28 (Wis. 2009).
Jennifer Munnik v. Blue Harbor Resort Condo. Ass'n, Inc. (Wis. Ct. App. 2026).
— Wis. Stat. § 703.09(2) — 6 cases
Solowicz v. Forward Geneva Nat'l, LLC, 2010 WI 20 (Wis. 2010). “See Wis. Stat. § 703.09 . *119 Chapter 703 applies to all property with a duly executed condominium instrument.”
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “, the declaration is to contain, among other things, a description of the condominium lands showing the intended units and common areas, together with other specified information about the project and the rights and interests of persons purchasing the units.”
Newport Condo. Ass'n v. Concord-Wisconsin, Inc., 556 N.W.2d 775 (Wis. Ct. App. 1996). “09(2) provides that an association may amend its declaration with "the written consent of at least two-thirds of the unit owners .”
Torke/Wirth/Pujara, Ltd. v. Lakeshore Towers of Racine, 531 N.W.2d 419 (Wis. Ct. App. 1995).
Apple Valley Gardens Ass'n v. Machutta, 2007 WI App 270 (Wis. Ct. App. 2007).
— Wis. Stat. § 703.09(3)(a) — 1 case
Newport Condo. Ass'n v. Concord-Wisconsin, Inc., 556 N.W.2d 775 (Wis. Ct. App. 1996). “09(2) provides that an association may amend its declaration with "the written consent of at least two-thirds of the unit owners .”
— Wis. Stat. § 703.09(l)(f) — 1 case
Northernaire Resort & Spa, LLC v. Northernaire Condo. Ass'n, 2013 WI App 116 (Wis. Ct. App. 2013).
— Wis. Stat. § 703.09(l)(g) — 3 cases
Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30 (Wis. 2016). “§§ 703.09(1)(g), 703.10(3). However, we disagree with the dissent's assertion that under our holding no use restriction imposed by a condominium or homeowners association could survive a foreclosure action.”
Apple Valley Gardens Ass'n v. MacHutta, 2009 WI 28 (Wis. 2009). “The circuit court entered summary judgment in favor of the Association, holding that: (1) Wis. Stat. § 703.09 (1) does not prohibit condominium bylaws from containing use restrictions; (2) Wis.”
Apple Valley Gardens Ass'n v. MacHutta, 2007 WI App 270 (Wis. Ct. App. 2007). “On appeal the MacHuttas contend that (1) the bylaw amendment is unenforceable because Wis. Stat. § 703.09 (l)(g) (2005-06) 1 requires that all use restrictions be recorded in the condominium declaration; (2) such rental restrictions make the title unmarketable, in violation of…”
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