Wisconsin Statutes
Wis. Stat. § 703.30 (2026)
Rules of construction
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
703.30(1)(1) Certain rules of law not applicable. Neither the rule of law known as the rule against perpetuities nor the rule of law known as the rule restricting unreasonable restraints on alienation may be applied to defeat or invalidate any provision of this chapter or of any condominium instruments, bylaws or other instrument made pursuant to this chapter.
703.30(2)(2) Substantial conformity of condominium instruments and bylaws sufficient. The provisions of any condominium instruments recorded and any bylaws required under this chapter shall be liberally construed to facilitate the creation and operation of the condominium. So long as the condominium instruments and bylaws substantially conform with the requirements of this chapter, no variance from the requirements shall affect the condominium status of the property in question nor the title of any unit owner to his or her unit, votes and percentage interests in the common elements and in common expenses and common surpluses.
703.30(3)(3) Provisions of condominium instruments and bylaws severable. All provisions of condominium instruments and bylaws are severable and the invalidity of one provision does not affect the validity of any other provision.
703.30(4)(4) Conflicts in provisions. If there is any conflict between any provisions of a declaration and provisions of a condominium plat or any provisions of the bylaws, the provisions of the declaration shall control. If there is any conflict between any provisions of any condominium instruments and any provisions of any bylaws, the provisions of the condominium instruments shall control. If there is any conflict between any provisions of any condominium instruments or any provisions of any bylaws and any provisions of this chapter, the provisions of this chapter shall control.
703.30(5)(5) Instruments construed together. Condominium instruments shall be construed together and are determined to incorporate one another to the extent that any requirement of this chapter applying to one instrument is satisfied if the deficiency can be corrected by reference to any of the others.
703.30 AnnotationThe application of this section is limited to the condominium status of the property and title of the unit owners. It does not apply to a project’s status as an expanding condominium under s. 703.26. Rock Lake Estates Unit Owners Ass’n v. Town of Lake Mills, 195 Wis. 2d 348, 536 N.W.2d 415 (Ct. App. 1995), 94-2488.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1995–2024 · leading case: Apple Valley Gardens Ass'n v. MacHutta, 2009 WI 28 (Wis. 2009).
Apple Valley Gardens Ass'n v. MacHutta, 2009 WI 28 (Wis. 2009). “" However, Wis. Stat. § 703.30 (4) also makes clear that "any conflict" between the declaration and a provision in the bylaws, or "any conflict" between the condominium instruments and a provision in the bylaws, must be resolved in favor of the declaration or the condominium…”
Solowicz v. Forward Geneva Nat'l, LLC, 2010 WI 20 (Wis. 2010). “¶ 17 These shortcomings cannot be salvaged by the Act's saving provision in Wis. Stat. § 703.30 (2) because the Community Declaration cannot be said to "substantially conform with the requirements" of the Act.”
ABKA Ltd. P'ship v. Wisconsin Dep't of Nat. Resources, 2002 WI 106 (Wis. 2002). “So long as the condominium instruments and bylaws substantially conform with the requirements of this chapter, no variance from the requirements shall affect the condominium status of the property in question nor the title of any unit owner to his or her unit, votes and…”
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “McLay begins her "substantial compliance" argument by referring us to § 703.30(2), STATS., which provides as follows: The provisions of any condominium instruments and bylaws filed under this chapter shall be liberally construed to facilitate the creation and operation of the…”
Saddle Ridge v. Bd. for Town of Pac., 2010 WI 47 (Wis. 2010). “According to Wis. Stat. § 703.30 (4), ”[i]f there is any conflict between any provisions of any condominium instruments .”
Kaitlin Woods Condo. Ass'n v. North Shore Bank, FSB, 2013 WI App 146 (Wis. Ct. App. 2013). “…in the Declaration. We may not ignore provisions in a Declaration which do not conflict with specific statutes. See Wis. Stat. § 703.30 (4).”
Apple Valley Gardens Ass'n v. Machutta, 2009 WI 28 (Wis. 2009). “" However, Wis. Stat. § 703.30 (4) also makes clear that " any conflict" between the declaration and a provision in the bylaws, or " any conflict" between the condominium instruments and a provision in the bylaws, must be resolved in favor of the declaration or the condominium…”
Northernaire Resort & Spa, LLC v. Northernaire Condo. Ass'n, 2013 WI App 116 (Wis. Ct. App. 2013). “Citing Wis. Stat. § 703.30 (4), the court concluded that the statutory definition of a unit—which does not require a building—trumped the declaration.”
Glenn Bluemer v. Brian Young (Wis. Ct. App. 2024). “§ 703.30(4). 2 No. 2023AP1728 Unit 3 for “PEDESTRIAN ACCESS TO EAGLE LAKE FOR THE BENEFIT OF UNITS 1, 2, 4, 5 & 6,” and an area between a “MEANDER LINE” and the high water mark of Eagle Lake, which will be referred to as “the riparian area”: ¶3 In a second figure, the plat…”
— Wis. Stat. § 703.30(2) — 1 case
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “McLay begins her "substantial compliance" argument by referring us to § 703.30(2), STATS., which provides as follows: The provisions of any condominium instruments and bylaws filed under this chapter shall be liberally construed to facilitate the creation and operation of the…”
— Wis. Stat. § 703.30(4) — 5 cases
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “McLay begins her "substantial compliance" argument by referring us to § 703.30(2), STATS., which provides as follows: The provisions of any condominium instruments and bylaws filed under this chapter shall be liberally construed to facilitate the creation and operation of the…”
Apple Valley Gardens Ass'n v. MacHutta, 2009 WI 28 (Wis. 2009). “" However, Wis. Stat. § 703.30 (4) also makes clear that "any conflict" between the declaration and a provision in the bylaws, or "any conflict" between the condominium instruments and a provision in the bylaws, must be resolved in favor of the declaration or the condominium…”
Northernaire Resort & Spa, LLC v. Northernaire Condo. Ass'n, 2013 WI App 116 (Wis. Ct. App. 2013). “Citing Wis. Stat. § 703.30 (4), the court concluded that the statutory definition of a unit—which does not require a building—trumped the declaration.”
Apple Valley Gardens Ass'n v. Machutta, 2009 WI 28 (Wis. 2009). “" However, Wis. Stat. § 703.30 (4) also makes clear that " any conflict" between the declaration and a provision in the bylaws, or " any conflict" between the condominium instruments and a provision in the bylaws, must be resolved in favor of the declaration or the condominium…”
Glenn Bluemer v. Brian Young (Wis. Ct. App. 2024). “§ 703.30(4). 2 No. 2023AP1728 Unit 3 for “PEDESTRIAN ACCESS TO EAGLE LAKE FOR THE BENEFIT OF UNITS 1, 2, 4, 5 & 6,” and an area between a “MEANDER LINE” and the high water mark of Eagle Lake, which will be referred to as “the riparian area”: ¶3 In a second figure, the plat…”
— Wis. Stat. § 703.30(5) — 1 case
Rock Lake Estates Unit Owners Ass'n v. Twp. of Lake Mills, 536 N.W.2d 415 (Wis. Ct. App. 1995). “McLay begins her "substantial compliance" argument by referring us to § 703.30(2), STATS., which provides as follows: The provisions of any condominium instruments and bylaws filed under this chapter shall be liberally construed to facilitate the creation and operation of the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.