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Wis. Stat. § 703.16

Common expenses and common surpluses

Known as the Condominium Ownership Act

The act spans §§ 703–703 (56 sections).

Applied in 6 court decisions — leading case Saddle Ridge v. Bd. for Town of Pacific (2010)

Most recently applied in Holtgren v. 260 Jamie Lane Condominium Assoc. (May 2022)

1977 c. 407; 1991 a. 39; 1993 a. 453; 1995 a. 224, 227; 1997 a. 27, 250; 1999 a. 185; 2003 a. 283; 2015 a. 195 s. 83.

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) DISPOSITION OF COMMON SURPLUSES. All common surpluses of the association shall be credited to the unit owners’ assessments for common expenses in proportion to their percentage interests in the common elements or as otherwise provided in the declaration or shall be used for any other purpose as the association decides.

(2) FUNDS FOR PAYMENT OF COMMON EXPENSES OBTAINED BY ASSESSMENTS.

(a) Funds for the payment of common expenses and for the creation of reserves for the payment of future common expenses shall be obtained by assessments against the unit owners in proportion to their percentage interests in the common elements or as otherwise provided in the declaration.

(b) During the period of declarant control of the association under s. 703.15 (2) (c), if any unit owned by the declarant is exempt from assessments for common expenses until the unit is sold, the total amount assessed against units that are not exempt from assessments may not exceed the amount that equals nonexempt units’ budgeted share of common expenses, based on the anticipated common expenses set forth in the annual budget under s. 703.161 (2) (a). The declarant is liable for the balance of the actual common expenses.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.