Question:
When amending a Condo Declaration in Wisconsin after receiving all of the required approvals and consents, who signs the Amended Declaration? The original Declarant no longer owns the property so are signatures required from all of the required owners and mortgagees? Or can the President of the Association sign the Amended Declaration under the alternative method in Wis. Stat. 703.093?
Thanks for your help.
– Linda
Answer:
Hi Linda,
According to the Wisconsin Condominium Ownership Act Section 703.093(2), the HOA needs to obtain the required approval and consent by recording an affidavit with the register of deeds stating:
It should also be signed by the senior executive officer of the association. This may imply that the president may sign the affidavit. Section 703.093(5) also notes that unit owners and mortgagees shall vote or signify approval by signing the ballots. However, it may be best to consult a lawyer for further guidance to avoid liability and ensure the HOA follows due process.
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