LRB-0803/2
PJK:jld:nwn
2007 - 2008 LEGISLATURE
September 14, 2007 - Introduced by Representatives Wood, Albers, Berceau,
Gunderson and Musser, cosponsored by Senator Schultz. Referred to
Committee on Housing.
AB508,1,2
1An Act to create 710.17 of the statutes;
relating to: the unenforceability of
2restrictive covenants on location of construction.
Analysis by the Legislative Reference Bureau
This bill provides that a restrictive covenant or deed provision that prohibits
or requires a particular location of construction for a one-family or two-family
dwelling may not be enforced against any home that is constructed in compliance
with the one-family and two-family dwelling code under the statutes. Under the
bill, "location of construction" refers to whether the construction takes place in whole
or in part on-site or off-site.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB508, s. 1
3Section
1. 710.17 of the statutes is created to read:
AB508,1,7
4710.17 Restrictions on construction location. (1) In this section, "location
5of construction" refers to whether the construction of the dwelling takes place in
6whole or in part on-site or off-site. "Location of construction" does not mean where
7the dwelling is physically located on the property.
AB508,2,6
1(2) A restrictive deed provision or restrictive covenant that prohibits or
2requires a particular location of construction for any one-family or 2-family dwelling
3constructed on real property to which the deed provision or covenant applies is not
4enforceable with respect to any home constructed on the real property if the home
5is constructed in compliance with the one-family and 2-family dwelling code under
6subch. II of ch. 101.
AB508,2,98
(1) This act first applies to restrictive deeds and restrictive covenants that are
9recorded on the effective date of this subsection.
