New Wisconsin Decision Restricts Developer Voting For Unbuilt Units

The Wisconsin Court of Appeals made new law today (September 17th, 2013) when it ruled that, in some circumstances, a developer cannot vote on behalf of units that were declared (meaning, legally created,) but not built. The question had not previously been decided in Wisconsin.


In the case, the statutory period of developer control had expired, but the developer had failed to build a majority of the units which it had declared.  The developer sought to retain control, not through the statute on control, but simply by voting on behalf of its unbuilt units, which would have constituted a majority of the association.  The association challenged the developer’s claim of voting rights for unbuilt units.

The Court decided that the declaration referred to units as “structures,” and therefore, based on previous court decisions, a vote on behalf of unbuilt units was not authorized.

The Association was represented by Adam Bazelon, Maureen S. Willkom and Jonathan B. Levine.  We are proud to have played a role in many Wisconsin cases which have helped to clarify the law of Wisconsin condominiums.

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