703.25 Tort and contract liability.
(1) An action for tort alleging a wrong done by any agent or employee of a declarant or of an association, or in connection with the condition of any portion of a condominium which a declarant or an association has the responsibility to maintain, shall be brought against the declarant or the association, as the case may be. No unit owner shall be precluded from bringing such an action by virtue of its ownership of an undivided interest in the common elements or by reason of its membership in the association or its status as an officer.
(2) An action arising from a contract made by or on behalf of an association shall be brought against the association, or against the declarant if the cause of action arose during the exercise by the declarant of control reserved under the declaration. No unit owner shall be precluded from bringing such an action by reason of its membership in the association or its status as an officer.
(3) A judgment for money against an association shall be a lien against any property owned by the association, and against each of the condominium units in proportion to the liability of each unit owner for common expenses as established under the declaration in an amount not exceeding the market value of the unit, but not against any other property of any unit owner.
History: 1977 c. 407.
Sub. (3) and s. 840.10 (1) permit the filing of a lis pendens in an action for a money judgment against a condominium association as a judgment will be a lien against each condominium unit although their owners are not defendants in the action. Interlaken Service Corp. v. Interlaken Condominium Ass'n, 222 Wis. 2d 299, 588 N.W.2d 262 (Ct. App. 1998), 97-1107.
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.