703.18 Repair or reconstruction.
(1) A declaration shall provide for the repair or reconstruction of the common elements in the event of damage to all or part of the common elements of the condominium.
(2)
(a) Unless otherwise provided in the declaration, in the event of damage to or destruction of common elements of a condominium, the association shall promptly undertake to repair or reconstruct it to a condition compatible with the remainder of the condominium. All cost of the repair or reconstruction in excess of available insurance proceeds shall be a common expense.
(b) However, if a condominium is damaged to an extent more than the available insurance proceeds, the condominium shall be subject to an action for partition upon obtaining the written consent of the unit owners having 75 percent or more of the votes. In the case of partition, the net proceeds of sale together with any net proceeds of insurance shall be considered as one fund and shall be divided among all unit owners in proportion to their percentage interests in the common elements, and shall be distributed in accordance with the priority of interests in each unit.
History: 1977 c. 407.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
703.01 - Condominium ownership act.
703.03 - Application of chapter.
703.06 - Alterations prohibited.
703.065 - Recording requirements; general.
703.07 - Establishment of condominium.
703.08 - Notice prior to conversion of residential property to condominium.
703.093 - Alternative procedure for amending declaration.
703.095 - Modification and correction of recorded condominium instruments, amendments, and addenda.
703.105 - Display of the United States flag and political signs.
703.115 - Local review of condominium instruments.
703.12 - Description of units.
703.13 - Percentage interests.
703.14 - Use of common elements.
703.15 - Association of unit owners.
703.155 - Master associations.
703.16 - Common expenses and common surpluses.
703.163 - Statutory reserve account.
703.165 - Lien for unpaid common expenses, unpaid damages, and unpaid penalties.
703.18 - Repair or reconstruction.
703.195 - Acquisition of common elements by condemnors.
703.20 - Association records; inspection by unit owners; financial audits.
703.202 - Access to records of association-controlled entity.
703.205 - Establishing fee amounts charged by association.
703.22 - Construction and suppliers' liens.
703.23 - Resident agent; exemption of unit owners from liability.
703.24 - Remedies for violations by unit owner or tenant of a unit owner.
703.245 - Association-unit owner dispute; notice required.
703.25 - Tort and contract liability.
703.26 - Expanding condominiums.
703.265 - Addendum to plat to reflect changes in building codes or zoning ordinances.
703.27 - Zoning and building regulations.
703.275 - Merger or consolidation of condominiums.
703.28 - Removal from provisions of this chapter.
703.29 - Removal no bar to subsequent resubmission.
703.30 - Rules of construction.
703.31 - Personal application.
703.315 - Lease or rental agreements for residential units.
703.32 - Easements and encroachments.
703.33 - Disclosure requirements in connection with sale of unit.
703.335 - Payoff statement for unpaid assessments and other obligations.
703.34 - Blanket mortgages and other blanket liens affecting a unit at time of first conveyance.
703.35 - Termination of contracts and leases.
703.36 - Provisions requiring employment of declarant or vendor to effect sale.