Condo_CharlieWills - Laserfiche WebLink

Home Browse Search

The plats and plans shall be certified as to their accuracy and compliance with Subsection 703.13(6) of the Act, by a civil engineer, architect, or licensed land surveyor authorized to practice his or her profession in the State of Wisconsin. D. After appropriate instruments have been prepared and executed, those instruments shall become effective when the adjoining Unit Owners and the Association have executed them and they have been recorded in the Dane County Register of Deeds Office. The recording thereof shall be conclusive evidence that the relocation of boundaries did not violate the Condominium instruments. 10.3 Separation of Units. A. A Unit may be separated into two (2) or more Units upon compliance with the provisions of Section 703.13(7) of the Act and this Section 10.3, provided that the Board of the Association approves (which approval may be denied in the sole discretion of the Board). The Association's President, upon written application of a Unit Owner proposing the separation of a Unit (hereinafter the "Separator") and after thirty (30) days' written notice to the other Unit Owners shall promptly present the matter to the Association's Board. If approved, the President of the Association shall promptly prepare and execute appropriate instruments under this section. An amendment or addendum to the Condominium instruments shall assign a new identifying number to each new Unit created by the separation of a Unit, shall allocate to those Units, on a reasonable basis acceptable to the Separator and the other Unit Owners, all of the undivided interest in the Common Elements and rights to use the Limited Common Elements. The vote in the Association formerly appertaining to the separated Unit will be allocated among the resulting Units. For this purpose, a fractional vote shall be permitted. The amendment shall reflect a proportionate allocation to the new Unit(s) of the liability for Common Expenses and right to common surpluses formally appertaining to the subdivided Unit. B. Plats and plans showing the boundaries and dimensions separating the new Units together with their new boundaries and their new identifying numbers shall be prepared. The plat and plans shall be certified as to their accuracy and compliance with Subsection 703.13(7) of the Act, by a civil engineer, architect, or licensed land surveyor authorized to practice his or her profession in the State of Wisconsin. C. After appropriate instruments have been prepared and executed, they shall be delivered promptly to the Separator upon payment by him, her or it of all reasonable costs for their preparation. Those instruments are effective when the Separator has executed them and they are recorded in the Dane County Register of Deeds Office. The recording of the instruments shall be conclusive evidence that the separation did not violate any restrictions or limitations specified by the Condominium instruments and that any reallocations were reasonable. 10.4 Merger of Units. 2-18