A.
The Common Council finds that certain issues arise
in condominium developments that require limited applicability of
this chapter. The State Legislature has recognized that subdivision
ordinances may apply to condominiums but that subdivision ordinances
shall not impose requirements upon condominiums that are different
from those imposed on other property that is physically identical
but under a different form of ownership.
B.
This chapter applies to condominium developments since
condominiums involve the creation of multiple, distinct property entities
or units at or near the ground surface, subject to property taxation
as separate parcels, each of which may have different ownership and
management. The Common Council determines that this makes a condominium
development dissimilar, both physically and in ownership, from developments
in which the land and improvements are under unitary ownership, management
and control.
C.
The Common Council finds that condominium developments
can place impacts on community resources in the same manner as other
new developments which are characterized by the division of land into
lots. These impacts include:
A.
General rule. Pursuant to § 703.27(1), Wis. Stats., the sections of this chapter listed in Subsection C. below are made expressly applicable to condominium developments within the City's jurisdiction.
B.
Certain condominiums excluded from general rule. The
provisions of this chapter shall not apply to:
(1)
A single principal building located on a single lot
or parcel which is in compliance with the current zoning and land
use ordinances and which is subsequently transformed into a condominium,
without resulting in a land division.
(2)
A condominium consisting of a single principal building
which is constructed after adoption of this chapter, is situated on
a single lot or parcel, and which does not involve a division of land.
(3)
Condominiums that exist as of the date of enactment
of this chapter, except to the extent such condominiums are expandable
pursuant to § 703.26, Wis. Stats., in which event the expansion
is subject to the provisions of this chapter.
C.
Specific sections of this chapter which apply to condominiums:
Proposed condominium developments shall include
the following provisions in addition to those otherwise required by
law or ordinance:
A.
Declarations for condominium developments consisting
of an even number of unit members must include a mandatory third-party
arbitration provision for conflict resolution.
B.
Condominium declarations shall include a voluntary
termination provision that requires Common Council consent prior to
termination.
C.
All condominium developments shall include a provision
for the establishment of a mandatory escrow account with sufficient
funding for purposes of maintenance, repair and/or replacement of
common elements.
D.
All condominium developments shall establish a declaration
of easements, restrictions, covenants and conditions for operation
and maintenance of said units which shall be submitted to the Plan
Commission for its consideration. The declaration must be approved
by the Plan Commission before the condominium development is considered
approved. After approval, the developer shall record the declaration
with the County Register of Deeds.
A.
For purposes of this chapter, a condominium unit and
any associated limited or general common elements shall be deemed
to be equivalent to a lot or parcel created by the act of subdivision.
