Wisconsin § 703.37 - Interpretation.

§ 703.37. Interpretation.

For purposes of interpretation of this chapter, a condominium is a form of ownership, not a form of land use, and is not a subdivision as defined in ch. 236 . 703.37 History History: 1977 c. 407 ; 2003 a. 283 . 703.37 Note NOTE: 2003 Wis. Act 283 , which affected this section, contains extensive explanatory notes. 703.37 Annotation Condominiums are not a form of land use. A condominium unit set aside for commercial use runs afoul of a zoning ordinance prohibiting commercial use. When an intended commercial use did not comport with a town’s zoning restrictions, approval of the condominium by the town was de facto rezoning. A town could not seek to avoid the restrictions of applicable extraterritorial zoning by aiming to define its action as something other than a zoning change. Village of Newburg v. Town of Trenton, 2009 WI App 139 , 321 Wis. 2d 424 , 773 N.W.2d 500 , 08-2997 . 703.37 Annotation In this case, when restrictive covenants stated that a tract of land may not be divided so as to create any additional tracts, the defendants’ attempt to convert the tract into a condominium comprised of three units violated the unambiguous terms of the restrictive covenants by dividing the tract into additional tracts. Nothing in the plain language of this section prevents a restrictive covenant from treating a condominium conversion as a division of land distinct from a subdivision, as that term is used in ch. 236. Nordstrom v. Kane, 2021 WI App 71 , 399 Wis. 2d 522 , 966 N.W.2d 91 , 20-1942 .