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Wisconsin Condominium Law Handbook

Product ID: AE0039_SUB
Published By: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-559-8

This real estate practice book was designed for Wisconsin attorneys who represent condominium developers and associations, unit sellers, and unit purchasers. You’ll find everything you need to research an issue quickly and thoroughly with the Handbook’s concise analysis, timely case law, and relevant references to statutes and regulations.

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This real estate practice book was designed for Wisconsin attorneys who represent condominium developers and associations, unit sellers, and unit purchasers. You’ll find everything you need to research an issue quickly and thoroughly with the Handbook’s concise analysis, timely case law, and relevant references to statutes and regulations.

Read More ↓

524+ pp.; 5th ed. 2019-20
(Includes 2021-22 supplement)

Summary of Contents

1. Overview of Wisconsin Condominium Law
2. Condominium Financing
3. Marketing Condominium Units
4. Condominium Development and Documentation
5. Association of Unit Owners
6. Representing the Unit Buyer
7. Insurance
8. Title Insurance
9. Conversion to Condominium
10. Income Tax Considerations
11. Securities Law Considerations
12. Special Units
13. Statutory Small Condominiums
Table of Cases
Table of Statutes, Regulations, and Rules
Index

NOTABLE UPDATES IN THE 2021-2022 FIRST SUPPLEMENT TO THE FIFTH EDITION:

  • Analyses of a new Wisconsin Supreme Court case concerning condominium associations' power to own intangible property such as trademarks or tradenames.
  • A revised standard residential condominium offer to purchase form (WB-14) and updated discussions of the contents of the form, as well as other updated forms.
  • Discussions about a new statute that imposes prelitigation notice-of-claim requirements and other procedural hurdles on certain disputes between condominium associations and unit owners.
  • New sections discussing Regulation Crowdfunding and integration of securities offerings
  • New notes about land condominiums, also known as building pad condominiums, and storage condominiums, including aircraft hangars

 

NOTABLE UPDATES IN THE FY2020 FULL REVISION (FIFTH EDITION):

 In a 2016 decision, the Wisconsin Supreme Court reversed the court of appeals, holding that a condominium association's policy forbidding current and subsequent unit owners from using recreational facilities until unpaid condominium assessments are paid in full could not be enforced by a condominium association against a foreclosing mortgagee.  See Supp. § 1.25.

 

In a 2013 decision, the Wisconsin Court of Appeals endorsed a condominium declaration provision that assessments of common expenses commenced as to a unit on the date of conveyance to a third party from a developer; therefore, under the statutory definition of “developer,” a foreclosing mortgagee of a multiple units was a successor in interest to the developer, not a third party that would be subject to assessments of common expenses.  See Supp. § 4.85.

 

A 2013 Ninth Circuit Court of Appeals ruling and subsequent denial of certiorari by the U.S. Supreme Court may signal how courts will continue to analyze U.S. Securities and Exchange Commission (SEC) guidelines with respect to the issue of whether real-estate and rental-management contracts as a package are governed by federal securities laws.  See Supp. § 11.10. 

 

In 2016, the SEC adopted amendments to Rule 147 (17 C.F.R. § 230.147) and established new Rule 147A, both effective on April 20, 2017, to facilitate capital formation, including offerings relying on recent crowdsourcing state legislative initiatives.  These changes, particularly use of Rule 147A, which does not place restrictions on offers to out-of-state residents, may be attractive to Wisconsin condominium developers.  See Supp. § 11.15.

 

 The 2019-20 revision includes a number of changes such as:

  • A discussion of the effect of recently enacted Wisconsin laws affecting unit associations’ ability to charge certain fees, as well as their ability to contract and incur liabilities 

  • A discussion of recent amendments to Wisconsin statutes relating to assistance animals, including emotional support animals

  • Discussion of recent Wisconsin Court of Appeals opinions relating to recreational liability

  • A discussion of the effect of the Tax Cuts and Jobs Act of 2018 and the addition of a discussion of SEC Rules 504 and 505

Additionally, Chapter 3 has been retitled “Marketing Condominium Units.” It has been reorganized and updated to include the addition of new sections discussing issues specifically related to for-sale-by-owner properties.

State Bar of Wisconsin PINNACLE® is the premier publisher of practice guides and handbooks for Wisconsin's attorneys, written by Wisconsin's attorneys. PINNACLE relies on the expertise and contributions of volunteers from within the State Bar of Wisconsin membership to help develop and deliver timely, relevant information to assist Wisconsin's attorneys provide the highest-quality representation and service.

About the Authors

The authors, past and present, are among the most widely experienced and respected practitioners in the area of condominium law. Several of them assisted the Wisconsin legislature in drafting chapter 703. 

For an in depth view of the content in this book, please click to view Table of Contents.

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Books UnBound® is the exclusive online digital resource from State Bar of Wisconsin PINNACLE® books that Wisconsin attorneys have trusted and relied on for decades, including all the “brown binders” and other treatises, the Wisconsin Attorney’s Desk Reference, Wisconsin Judicial Benchbooks, and now all of our most recent books previously released in print only. Featuring a fast, user-friendly interface protected by two-factor authentication, a powerful search function, an expanded notes feature, and one-click access to Fastcase and other primary law resources, Books UnBound is a one-stop shop for all your legal research needs.

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Firm prices for titles and libraries are determined by the number of lawyers in a firm. To determine the cost of your firm's subscription, please call customer service at (800) 728-7788.

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By purchasing and using the Books Content provided on the site, you signify your agreement to all terms, conditions, policies and notices contained or referenced in the terms of the license. If you do not agree with any provision of this license, do not purchase any of the Books Content. You must treat the Books Content like any other copyrighted material. To view the full agreement, click here.

Auto Supplementation Service Available

To help you keep your books up to date and save money, the State Bar offers an automatic supplementation service for print books. With this service, new supplements and revisions are mailed automatically with an invoice. The invoice includes the cost of the supplement or revision at a 10% discount, the standard postage and handling charge, and Wisconsin sales tax. Return privileges apply, and you may cancel your subscription at any time. If you DO NOT wish to subscribe to new supplements or revisions, please opt out at checkout or notify Customer Service after you order at (800) 728-7788.

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Discounted pricing is available for orders of 10 or more copies. We offer educational discounts to instructors who would like to use our books for a class.

For information about these options or becoming a PINNACLE books distributor, please contact us at (800) 728-7788 or service@wisbar.org.

Try Books UnBound for Free

Books UnBound® is the exclusive online digital resource from State Bar of Wisconsin PINNACLE® books that Wisconsin attorneys have trusted and relied on for decades, including all the “brown binders” and other treatises, the Wisconsin Attorney’s Desk Reference, Wisconsin Judicial Benchbooks, and now all of our most recent books previously released in print only. Featuring a fast, user-friendly interface protected by two-factor authentication, a powerful search function, an expanded notes feature, and one-click access to Fastcase and other primary law resources, Books UnBound is a one-stop shop for all your legal research needs.

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Books Unbound - Online. Onpoint. Unlimited.

Have questions? Interested in a training session at your office? Contact Carol Chapman by email or phone at (800) 444-9404 ext. 6113.

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