Wisconsin Statutes
Wis. Stat. § 703.15 (2026)
Association of unit owners
✓ current as of July 2026
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703.15(1)(1) Legal entity. The affairs of every condominium shall be governed by an association that, even if unincorporated, is constituted a legal entity for all purposes. Except for matters reserved to the association members or unit owners by this chapter, the declaration, or the bylaws, all policy and operational decisions of the association, including interpretation of the condominium instruments, bylaws, rules, and other documents relating to the condominium or the association, shall be made by its board of directors. This subsection does not affect the deference accorded to, or the standard of review of, an action of the board of directors by a court.
703.15(2)(a)1.1. Every declarant shall establish an association to govern the condominium not later than the date of the first conveyance of a unit to a purchaser. Except as provided in subd. 2., the declarant may organize the association only as a for-profit corporation; nonstock, nonprofit corporation; or unincorporated association. After the association is organized, the membership of the association shall at all times consist exclusively of all of the unit owners.
703.15(2)(a)2.2. Beginning on March 13, 2022, a declarant may not organize an association as a for-profit corporation.
703.15(2)(a)3.3. An association that exists on March 13, 2022, may not reorganize as a for-profit corporation.
703.15(2)(b)(b) Power and responsibility prior to establishment. Until an association is established, a declarant has the power and responsibility to act in all instances where this chapter, any other provision of the law, or the declaration require action by the association or its officers.
703.15(2)(c)1.1. Except as provided in par. (d), a declarant may authorize the declarant or persons designated by him or her to appoint and remove the officers of the association or to exercise the powers and responsibilities otherwise assigned by the declaration or this chapter to the association or its officers. A declaration may not authorize any declarant control of the association for a period exceeding the earlier of any of the following:
703.15(2)(c)1.c.c. Thirty days after the conveyance of 75 percent of the common element interest to purchasers.
703.15(2)(c)2.2. The period of declarant control begins on the date that the first condominium unit is conveyed by a declarant to any person other than the declarant. If there is any other unit owner other than a declarant, a declaration may not be amended to increase the scope or the period of the declarant control.
703.15(2)(d)(d) Meeting to elect directors. Prior to the conveyance of 25 percent of the common element interest to purchasers, an association shall hold a meeting and the unit owners other than the declarant shall elect at least 25 percent of the directors of the executive board. Prior to the conveyance of 50 percent of the common element interest to purchasers, an association shall hold a meeting and the unit owners other than the declarant shall elect at least 33 1/3 percent of the directors of the executive board.
703.15(2)(e)(e) Calculation of percentage. The calculation of the percentage of common element interest conveyed to purchasers under pars. (c) and (d) shall be based on the percentage of undivided interest appertaining to each unit which has been conveyed assuming that all the units to be completed are included in the condominium.
703.15(2)(f)(f) Elections after expiration of declarant control. Not later than 45 days after the expiration of any period of declarant control, an association shall hold a meeting and the unit owners shall elect an executive board of at least 3 directors and officers of the association. The directors and officers shall take office upon election.
703.15(3)(a)1.1. Adopt budgets for revenues, expenditures and reserves and levy and collect assessments for common expenses from unit owners;
703.15(3)(b)(b) Conditional powers. Subject to any restrictions and limitations specified by the declaration, an association may:
703.15(3)(b)1.1. Make contracts and incur liabilities, including borrowing funds in the name of the association in the manner specified in the bylaws under s. 703.10 (2) (f).
703.15(3)(b)4.4. Acquire, hold, encumber and convey any right, title or interest in or to real property.
703.15(3)(b)6.6. Receive any income derived from payments, fees or charges for the use, rental or operation of the common elements.
703.15(3)(b)7.7. Grant or withhold approval of any action by a unit owner or other person which would change the exterior appearance of the unit or of any other portion of the condominium.
703.15(3)(b)8.8. Purchase goods and services jointly with other condominium associations or other persons.
703.15(4)(a)(a) An association shall maintain a current roster of names and addresses of every unit owner to which notice of meetings of the association shall be sent.
703.15(4)(b)(b) Every unit owner shall furnish the association with his or her name and current mailing address. No unit owner may vote at meetings of the association until this information is furnished.
703.15(4)(c)(c) No regular or special meeting of the association may be held except on at least 10 days’ written notice delivered or mailed to every unit owner at the address shown on the roster or unless waivers are duly executed by all unit owners.
703.15(4)(d)1.1. At meetings of the association every unit owner is entitled to cast the number of votes appurtenant to his or her unit, as established in the declaration under s. 703.09 (1) (f). Unit owners may vote by proxy, but, the proxy is effective only for a maximum period of 180 days following its issuance, unless granted to a mortgagee or lessee. If only one of multiple owners of a unit is present at a meeting of the association, the owner is entitled to cast the votes allocated to that unit.
703.15(4)(d)2.2. If more than one of the multiple owners is present, the votes allocated to that unit may be cast proportionally among the owners unless the condominium instruments expressly provide otherwise, but unanimous agreement is conclusively presumed if any one of them purports to cast the votes allocated to that unit without protest being made promptly by any of the others to the person presiding over the meeting or until any one of the multiple owners files a statement with the secretary of the association stating that thereafter the vote must be cast proportionally.
703.15(4)(e)(e) Unless otherwise provided in this chapter, and subject to provisions in the bylaws requiring a different majority, decisions of an association shall be made on a majority of votes of the unit owners present and voting.
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 NoteNOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.15 AnnotationAlthough 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 AnnotationSub. (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 AnnotationSub. (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 v. Farrow, 2021 WI 14, 395 Wis. 2d 787, 955 N.W.2d 122, 18-1518.
703.15 AnnotationAdvising Developers in Operating Community Associations. Pardon. Wis. Law. Mar. 2004.
Notes of Decisions
Cited in 21
cases (7 in the last 5 years), 1995–2026 · 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). “Specifically, Solowicz argues that because Article IX of the Community Declaration left the Declarant in control of Geneva National for 19 years, it violates Wis. Stat. § 703.15 (2)(c). [11] Excising Article IX would result in control of Geneva National being transferred to the…”
Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30 (Wis. 2016). “" See also Wis. Stat. § 703.15 (1), which provides that the association's board of directors generally governs the association's affairs.”
Ted Ritter v. Tony Farrow, 2021 WI 14 (Wis. 2021). “See Wis. Stat. § 703.15 (1).7 At the time of the condominium conversion, the 6Tangible property is "[p]roperty that has physical form and characteristics," whereas intangible property is "[p]roperty that lacks a physical existence.”
Solowicz v. Forward Geneva Nat'l, 2009 WI App 9 (Wis. Ct. App. 2008). “Wis. Stat. § 703.15 (2)(c). Here, the developer still has control eighteen years later, and only fifty-two percent of the maximum allowable units have sold.”
Berkos v. Shipwreck Bay Condo. Ass'n, 2008 WI App 122 (Wis. Ct. App. 2008). “See Wis. Stat. § 703.15 (2)(c). Wisconsin Stat.”
Aluminum Indus. Corp. v. Camelot Trails Condo. Corp., 535 N.W.2d 74 (Wis. Ct. App. 1995). “" Interestingly, neither party mentions § 703.15(2)(e), STATS., which states, "The calculation of the percentage of common element interests conveyed to purchasers .”
Northernaire Resort & Spa, LLC v. Northernaire Condo. Ass'n, 2013 WI App 116 (Wis. Ct. App. 2013). “Based on Wis. Stat. § 703.15 (4)(d)l. and the condominium declaration, we conclude Northernaire is entitled to a single vote for each constructed unit it owns.”
Ted Ritter v. Tony Farrow, 2019 WI App 46 (Wis. Ct. App. 2019). “§ 703.15. To that end, our supreme court has recognized the formidable authority statutorily vested in condominium owners’ associations, and how that power extends to the Association’s ability to regulate unit owners’ rental of their properties.”
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “She asserts that § 703.15(3)(b)5, STATS., gives condominium associations that power to "[g]rant easements through or over the common elements" of the condominium and that [n] either the trial court, nor the Association, ha[s] a persuasive answer to Pier] argument that the…”
Pines Point Marina v. Rehak, 961 A.2d 574 (Md. 2008). “”); Wis. Stat. Ann. § 703.15 (1) (West 2008) ("The affairs of every condominium shall be governed by an association that, even if unincorporated, is constituted a legal entity for all purposes.”
Interlaken Serv. Corp. v. Interlaken Condo. Ass'n, 588 N.W.2d 262 (Wis. Ct. App. 1998). “On a related theme, the Association contends that pursuant to § 703.15(3), STATS., it may raise revenues to satisfy a judgment and that "the collective unit *308 owners of any condominium association would logically under any circumstances vote to pay any association liability…”
Annoye v. Sister Bay Resort Condo. Ass'n, Inc., 2002 WI App 218 (Wis. Ct. App. 2002). “§ 703.15(3). The Association lost those rights at the time of the merger.”
— Wis. Stat. § 703.15(1) — 5 cases
Ted Ritter v. Tony Farrow, 2019 WI App 46 (Wis. Ct. App. 2019). “§ 703.15. To that end, our supreme court has recognized the formidable authority statutorily vested in condominium owners’ associations, and how that power extends to the Association’s ability to regulate unit owners’ rental of their properties.”
Elaine Strassburg v. Hickory Meadows Ass'n, Inc. (Wis. Ct. App. 2024).
Keith L. Naeve Fam. Trust v. Spring Creek Condo. Homes Ass'n, Inc. (Wis. Ct. App. 2025).
Keith L. Naeve Fam. Trust v. Spring Creek Condo. Homes Ass'n, Inc. (Wis. Ct. App. 2025).
Brittany Bay Club Condo. Owners Ass'n, Inc. v. James R. Traugott (Wis. Ct. App. 2026).
— Wis. Stat. § 703.15(2)(c) — 3 cases
Solowicz v. Forward Geneva Nat'l, LLC, 2010 WI 20 (Wis. 2010). “Specifically, Solowicz argues that because Article IX of the Community Declaration left the Declarant in control of Geneva National for 19 years, it violates Wis. Stat. § 703.15 (2)(c). [11] Excising Article IX would result in control of Geneva National being transferred to the…”
Solowicz v. Forward Geneva Nat'l, 2009 WI App 9 (Wis. Ct. App. 2008). “Wis. Stat. § 703.15 (2)(c). Here, the developer still has control eighteen years later, and only fifty-two percent of the maximum allowable units have sold.”
Berkos v. Shipwreck Bay Condo. Ass'n, 2008 WI App 122 (Wis. Ct. App. 2008).
— Wis. Stat. § 703.15(2)(e) — 1 case
Aluminum Indus. Corp. v. Camelot Trails Condo. Corp., 535 N.W.2d 74 (Wis. Ct. App. 1995). “" Interestingly, neither party mentions § 703.15(2)(e), STATS., which states, "The calculation of the percentage of common element interests conveyed to purchasers .”
— Wis. Stat. § 703.15(3) — 5 cases
Ted Ritter v. Tony Farrow, 2021 WI 14 (Wis. 2021). “See Wis. Stat. § 703.15 (1).7 At the time of the condominium conversion, the 6Tangible property is "[p]roperty that has physical form and characteristics," whereas intangible property is "[p]roperty that lacks a physical existence.”
Aluminum Indus. Corp. v. Camelot Trails Condo. Corp., 535 N.W.2d 74 (Wis. Ct. App. 1995). “" Interestingly, neither party mentions § 703.15(2)(e), STATS., which states, "The calculation of the percentage of common element interests conveyed to purchasers .”
Interlaken Serv. Corp. v. Interlaken Condo. Ass'n, 588 N.W.2d 262 (Wis. Ct. App. 1998). “On a related theme, the Association contends that pursuant to § 703.15(3), STATS., it may raise revenues to satisfy a judgment and that "the collective unit *308 owners of any condominium association would logically under any circumstances vote to pay any association liability…”
Annoye v. Sister Bay Resort Condo. Ass'n, Inc., 2002 WI App 218 (Wis. Ct. App. 2002). “§ 703.15(3). The Association lost those rights at the time of the merger.”
Elaine Strassburg v. Hickory Meadows Ass'n, Inc. (Wis. Ct. App. 2024).
— Wis. Stat. § 703.15(3)(a) — 3 cases
Elaine Strassburg v. Hickory Meadows Ass'n, Inc. (Wis. Ct. App. 2024).
Larson v. Castle at the Bay, LLC, 922 N.W.2d 321 (Wis. Ct. App. 2018).
Brittany Bay Club Condo. Owners Ass'n, Inc. v. James R. Traugott (Wis. Ct. App. 2026).
— Wis. Stat. § 703.15(3)(b) — 2 cases
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “She asserts that § 703.15(3)(b)5, STATS., gives condominium associations that power to "[g]rant easements through or over the common elements" of the condominium and that [n] either the trial court, nor the Association, ha[s] a persuasive answer to Pier] argument that the…”
Elaine Strassburg v. Hickory Meadows Ass'n, Inc. (Wis. Ct. App. 2024).
— Wis. Stat. § 703.15(4)(d) — 1 case
Northernaire Resort & Spa, LLC v. Northernaire Condo. Ass'n, 2013 WI App 116 (Wis. Ct. App. 2013). “Based on Wis. Stat. § 703.15 (4)(d)l. and the condominium declaration, we conclude Northernaire is entitled to a single vote for each constructed unit it owns.”
— Wis. Stat. § 703.15(5) — 2 cases
Larson v. Castle at the Bay, LLC, 922 N.W.2d 321 (Wis. Ct. App. 2018).
Elaine Strassburg v. Hickory Meadows Ass'n, Inc. (Wis. Ct. App. 2024).
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