2020 Wisconsin Statutes & Annotations
Chapter 703. Condominiums.
703.07 Establishment of condominium.
703.07 Establishment of condominium.
(1) A condominium may only be created by recording condominium instruments with the register of deeds of the county where the property is located. A condominium declaration and plat shall be presented together to the register of deeds for recording.
(2) A condominium instrument, and all amendments, addenda and certifications of a condominium instrument, shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in the name of the declarant and the name of the condominium. Subsequent instruments affecting the title to a unit which is physically located entirely within a single county shall be recorded only in that county, notwithstanding the fact that the common elements are not physically located entirely within that county. Subsequent amendments and addenda shall be indexed under the name of the condominium.
(3) All instruments affecting title to units shall be recorded and taxed as in other real property transactions.
History: 1977 c. 407; 1997 a. 333.
In this case, the property owners' conduct in establishing a condominium association with the legal name Bibs Resort Condominium Inc. and converting their Bib's Resort property to a condominium named Bibs Resort Condominium manifested an implied agreement to transfer the name “Bibs Resort" to the association. Because the property owners did not own the name “Bibs Resort" after the creation of the condominium and association, they could not have sold the name to a third-party as part of a later transaction. Ritter v. Farrow, 2019 WI App 46, 388 Wis. 2d 421, 933 N.W.2d 167, 18-1518.
