Wisconsin Statutes
Wis. Stat. § 703.37 (2026)
Interpretation
✓ current as of July 2026
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703.37703.37 Interpretation. For purposes of interpretation of this chapter, a condominium is a form of ownership, not a form of land use, and is not a subdivision as defined in ch. 236.
703.37 NoteNOTE: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.
703.37 AnnotationCondominiums are not a form of land use. A condominium unit set aside for commercial use runs afoul of a zoning ordinance prohibiting commercial use. When an intended commercial use did not comport with a town’s zoning restrictions, approval of the condominium by the town was de facto rezoning. A town could not seek to avoid the restrictions of applicable extraterritorial zoning by aiming to define its action as something other than a zoning change. Village of Newburg v. Town of Trenton, 2009 WI App 139, 321 Wis. 2d 424, 773 N.W.2d 500, 08-2997.
703.37 AnnotationIn this case, when restrictive covenants stated that a tract of land may not be divided so as to create any additional tracts, the defendants’ attempt to convert the tract into a condominium comprised of three units violated the unambiguous terms of the restrictive covenants by dividing the tract into additional tracts. Nothing in the plain language of this section prevents a restrictive covenant from treating a condominium conversion as a division of land distinct from a subdivision, as that term is used in ch. 236. Nordstrom v. Kane, 2021 WI App 71, 399 Wis. 2d 522, 966 N.W.2d 91, 20-1942.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2007–2024 · leading case: FAS, LLC v. Town of Bass Lake, 2007 WI 73 (Wis. 2007).
FAS, LLC v. Town of Bass Lake, 2007 WI 73 (Wis. 2007). “" Wis. Stat. § 703.37 . ¶ 30 The State argues that Wis.”
State Ex Rel. Vill. of Newburg v. Town of Trenton, 2009 WI App 139 (Wis. Ct. App. 2009). “As explained in a practice guide for Wisconsin lawyers published by the State Bar of Wisconsin, 6 condominiums are not a form of land use, see Wis. Stat. § 703.37 , so "a change in zoning — or other approval under a zoning ordinance — should not be required for condominium…”
Stephan B. Nordstrom v. Steven G. Kane, 2021 WI App 71 (Wis. Ct. App. 2021). “§ 703.37, which states: “For purposes of interpretation of this chapter, a condominium is a form of ownership, not a form of land use, and is not a subdivision as defined in [WIS.”
Glenn Bluemer v. Brian Young (Wis. Ct. App. 2024). “§§ 703.37; 703.05; 703.04. The plat and declarations required to form a condominium constitute a written document affecting land, the construction of which is a question of law that we review independently without deference to the circuit court’s interpretation.”
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