Solowicz v. Forward Geneva National, LLC

¶ 72. {concurring). The principal question before the court is whether a developer/declarant may file a restrictive covenant on its land that will govern any future condominiums established on that land and also override any provisions in Wis. Stat. ch. 703 — the Condominium Ownership Act — that conflict with the restrictive covenant.

¶ 73. The court answers this question "yes." It answers this question "yes" by excluding from the coverage of Chapter 703 any filed instrument, including a restrictive covenant, that does not opt into Chapter 703 by complying with the detailed provisions of Wis.…