Property – condominiums

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Wisconsin Court of Appeals

Civil

Property – condominiums — assessments

A bank that acquired platted but unbuilt condominium units after the developer defaulted, is not required to pay assessments.

“As we concluded in Aluminum Industries, a Declaration may provide for a different assessment arrangement. Id. at 585-86. In Aluminum Industries, we concluded the Declaration required assessments be paid on ‘dwelling units’ only. Id. at 590. In other words, the Declaration distinguished between planned units and built units and only required fees to be paid on the built units. The same is true here. The Kaitlin Woods declaration describes ‘Unit’ as including ‘… two bedrooms, two bathrooms, a kitchen, a living room, a dining room, a porch on the first floor Units, and a den and bedroom on the second floor Units, and a 2 car garage.’ Thus, it is clear that an unbuilt unit is not a ‘Unit’ within the language of the Kaitlin Woods Declaration. Because assessments are only due on a ‘Unit,’ NSB is not obligated to pay an assessment on the unbuilt units.”

Affirmed.

Recommended for publication in the official reports.

2012AP2771 Kaitlin Woods Condominium Association, Inc., v. North Shore Bank, FSB

Dist. I, Milwaukee County, Martens, J., Kessler, J.

Attorneys: For Appellant: Rose, Douglas W., Milwaukee; LoCoco, Lora L., Milwaukee; For Respondent: Van Lieshout, John M., Milwaukee; Kennedy, Rebecca Frihart, Milwaukee