Property — condominiums

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Wisconsin Court of Appeals

Civil

Property — condominiums

A condominium developer is not entitled to a vote in the condominium association for each unconstructed unit.

“Here, the voting statute, WIS. STAT. §703.15(4)(d)1., explicitly allows the declaration to determine the number of votes appurtenant to each platted unit. The declaration must include this information. See WIS. STAT. §703.09(1)(f). The declaration in this case gives ‘Class A’ members—owners of constructed units—one vote per unit owned. It also gives ‘Class B’ members—the declarant—one vote, which expires or may be voluntarily surrendered. There is no provision authorizing the owner of an unconstructed unit to vote.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP1707 Northernaire Resort & Spa, LLC, v. Northernaire Condominium Association, Inc.

Dist. III, Oneida County, O’Melia, J., Mangerson, J.

Attorneys: For Appellant: Levine, Jonathan B., Milwaukee; Bazelon, Adam S., Milwaukee; For Respondent: Zimmerman, Robert W., Wausau; Mayer, Matthew S., Wausau; Sauer, Mark A., Wausau