What Are Wisconsin Condo Owners Responsible for Outside the Unit?

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What Are Wisconsin Condo Owners Responsible For Outside the Unit?

Introduction 

Co-ownership is when two or more people (or entities) have equal rights to use and enjoy a piece of property. This can happen with different types of property, but it is most common with real estate. In these situations, everyone involved has a say in how the property is used. 

However, shared ownership can lead to problems. For example, co-owners might disagree on how to manage the property, creating conflicts. To help address these issues, the law has rules that promote fairness, such as ensuring decisions are reasonable and that everyone acts in good faith. 

One popular area for co-ownership is in condominiums. In a condo, each owner has their own unit and also shares ownership of common areas, such as hallways and pools. This setup allows people to save money and share resources while still having their own private space.  

Understanding Types of Co-Ownership 

There are different forms of co-ownership, including tenancy in common and joint tenancy. These terms describe how people share ownership of property. For example, in a tenancy in common, each person owns a specific share of the property, while in joint tenancy, all owners have equal rights to the whole property. 

Marital estates, such as community property and tenancy by the entirety, are also forms of co-ownership. These arrangements apply to married couples in which both partners have rights to the property. Each type of co-ownership has its own rules and responsibilities. 

Condominiums represent yet another type of common ownership and are often distinguished by the larger number of participants in the condominium association. With this larger number of participants often comes disputes over what is shared and how. The legal team at O'Flaherty Law specializes in Condominium Association Law and is ready to help you better understand your rights and obligations. 

Co-Ownership as a Condominium 

In a condominium, each owner usually has a specific apartment but shares ownership of common areas with all the other owners. This means that while a person has their own space, there are also shared facilities, like elevators and hallways. Each owner typically holds a proportionate interest in these common areas and has a say in how they are run. 

These interests may also come with certain obligations, depending on the condominium agreement. This balance can create a strong community, but it also requires cooperation and communication between all owners. 

To fully understand your rights and obligations to the common elements of a condo, you will have to understand the law and governing instruments of your condominium association.  

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Wisconsin Law of Condominiums 

The most significant law defining relations between condo owners in Wisconsin is the "Condominium Ownership Act." That law defines "common elements" as all of a condominium except its units. In other words, anything other than the lived unit space represents the common, shared property of the condominium. 

The statute details the use of common elements. Generally, common elements are subject to the mutual rights of support, access, and enjoyment by all unit owners. However, the condominium governing instruments can also provide that specific property outside a specified unit is limited-access. 

A condominium may only be created by recording condominium instruments with the register of deeds of the county where the property is located. This means that each county will keep a record of these documents, listing them under the names of the people involved and describing the condominium property. Understanding this information and how to find it will help clarify what other rules govern the condo association.  

Instruments Governing Condominiums 

Under the Wisconsin Condominium Ownership Act, every condominium association (even unincorporated ones) is a legal entity governed by a Board of Directors. These entities, by law, must be not-for-profit. 

Every condominium association is required to adopt bylaws for its administration. Notably, the bylaws may also include provisions that govern the association's common property more specifically. In any case, the bylaws must include details such as the association's mailing address and the processes for acquiring or conveying property on behalf of the association. 

Every unit owner is required to comply with the association's bylaws, Wisconsin Law, and any covenants or restrictions on the unit's deed. An owner's failure to comply with these rules can result in legal action by the association.  

Board of Directors – The Basics 

The Board of Directors is ultimately governed by the association's bylaws, which specify how the Board of Directors is elected. The Board of Directors is to be composed of unit owners (except for one permissible non-unit owner). Generally, the Board is responsible for administering the association, including tasks such as acquiring and managing the condominium's common property.  

The bylaws should explain the details of the Board, including how often elections are to be held, whether Board members are entitled to compensation for their services, and any method of removal for Board members other than by election. For a more detailed understanding of the legal rules concerning condominium Board elections, it is advisable to consult with an attorney. 

Board of Directors – Responsibilities for Common Property 

The Board is responsible for ensuring that common elements, such as hallways, pools, and gardens, are maintained and used in accordance with the condominium's governing documents. This includes making decisions about repairs, improvements, and the overall upkeep of these shared spaces. 

The Board must manage the condominium's finances, including creating budgets for maintenance and repairs of common areas. They are also responsible for collecting fees from unit owners to cover these expenses and ensuring that funds are used appropriately. 

The Board has the authority to enforce the rules and regulations established in the condominium's bylaws. This includes addressing any violations by unit owners regarding the use of common elements and ensuring that all residents adhere to the community's standards. 

Unit Owner's Interest in Common Property 

Wisconsin law grants a unit owner exclusive ownership and possession of his or her unit. However, individual unit owners are not permitted to hold a separate legal interest in the common property of the association – they are permitted to hold only the interest in the common elements that represent their share in the common property "appurtenant" to their unit.  

For a deeper understanding of the legal rights associated with typical elements of a condominium association, it is always advisable to consult with an attorney.  

Unit Owner's Improvements to Limited Common Elements 

Owners may be permitted to make improvements to certain common elements "appurtenant" to their property – in other words, those common elements that are next to their own unit. Any improvements are subject to restrictions in the condominium instruments (Wisconsin law, the covenants in the deed, and the bylaws).  

Wisconsin law places a few additional restrictions on such improvements. Broadly, these improvements are permitted only if they will not affect the structural integrity of the condo, will not interfere with other owners' use and enjoyment of the common elements, and a plan describing the project and materials is submitted and pre-approved by the Board of Directors. 

Unit Owner's Right to Display American Flag or Political Signs 

Under Wisconsin Law, condo associations are not allowed to adopt a rule that outright prevents a unit owner from respectfully displaying the United States flag. However, the condo association may adopt a bylaw or rule regulating, among other things, the flag's size and location, as well as the location and size of any flagpoles.  

Similarly, Wisconsin law prevents the condo association from adopting any rule that prevents an owner from displaying a sign supporting or opposing a candidate for public office or a referendum question, so long as it is displayed from within the owner's unit.  

Conclusion 

Understanding what it means to be a condominium owner in Wisconsin is essential to condo living. Owners' rights and responsibilities for shared spaces, such as hallways and pools, are spelled out in the Condo Association's governing instruments, including the bylaws and any covenants or restrictions on the deed. When everyone follows the rules and works together, it helps make the community a great place to live. 

Being a good condo owner means getting involved and respecting your neighbors – by understanding and meeting their obligations, owners can help make their community better for everyone. If you need further help understanding your rights or obligations, the O'Flaherty Law team is always here to guide you. 

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Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.