Amendments in Bylaws or Declaration?

A Wisconsin Appellate Court has ruled that amendments restricting non-owners from occupancy in a condominium may be written to the bylaws as well as the declaration. This practical and reasoned opinion makes it clear that bylaws may, as statutes suggest, affect use and occupancy. The significance of the ruling is that bylaws may be amended without the burdensome effort of securing mortgage lender approval, as is required by amendments to the declaration. Be careful, however: No bylaw amendment may contradict a provision of the declaration. If it does, the bylaw amendment is a nullity.

A Wisconsin Appellate Court has ruled that amendments restricting non-owners from occupancy in a condominium may be written to the bylaws as well as the declaration. This practical and reasoned opinion makes it clear that bylaws may, as statutes suggest, affect use and occupancy. The significance of the ruling is that bylaws may be amended without the burdensome effort of securing mortgage lender approval, as is required by amendments to the declaration. Be careful, however: No bylaw amendment may contradict a provision of the declaration. If it does, the bylaw amendment is a nullity.
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