Signing Amendments to the Governing Documents

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:

  • The proposed amendment
  • The name and address of the senior executive officer of the association to whom inquiries should be directed with regard to the proposed amendment
  • That a notice was sent to each owner of record and each lender of record for each unit of the association on the date the affidavit is recorded

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.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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