Wisconsin Statutes
Wis. Stat. § 703.28 (2026)
Removal from provisions of this chapter
✓ current as of July 2026
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703.28(1)(1) All of the unit owners may remove all or any part of the property from the provisions of this chapter by a removal instrument, duly recorded, provided that the holders of all liens affecting any of the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the unit owner in the property.
703.28(1m)(1m) Before a certified survey map, condominium plat, subdivision plat or other plat may be recorded and filed for property that is subject to a condominium declaration, the condominium shall first be removed from the provisions of this chapter by recording a removal instrument. This subsection does not apply to a merger or consolidation under s. 703.275.
703.28(2)(2) Upon removal of any property from this chapter, the property shall be deemed to be owned in common by the unit owners. The undivided interest in the property owned in common which appertains to each unit owner shall be the percentage of undivided interest previously owned by the owner in the common elements.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: The Lakes of Ville Du Parc Condo. Ass'n, Inc. v. City of Mequon, 2021 WI App 48 (Wis. Ct. App. 2021).
The Lakes of Ville Du Parc Condo. Ass'n, Inc. v. City of Mequon, 2021 WI App 48 (Wis. Ct. App. 2021). “§ 703.28, which would take the land outside the application of WIS.”
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