Bill Text: IA HF2010 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the operations of certain common interest communities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-15 - Subcommittee, Brandenburg, Heartsill, and Meyer. H.J. 79. [HF2010 Detail]
Download: Iowa-2013-HF2010-Introduced.html
House
File
2010
-
Introduced
HOUSE
FILE
2010
BY
S.
OLSON
A
BILL
FOR
An
Act
relating
to
the
operations
of
certain
common
interest
1
communities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
499A.201
Applicability.
1
This
chapter
shall
apply
to
cooperatives
established
under
2
this
chapter
unless
otherwise
provided
in
chapter
499C.
3
Sec.
2.
NEW
SECTION
.
499B.1A
Applicability.
4
This
chapter
shall
apply
to
horizontal
property
regimes
5
established
under
this
chapter
unless
otherwise
provided
in
6
chapter
499C.
7
Sec.
3.
Section
499B.15,
subsection
2,
Code
2014,
is
amended
8
by
striking
the
subsection.
9
Sec.
4.
NEW
SECTION
.
499B.21
Board
of
administration
——
10
meetings
and
records.
11
1.
For
horizontal
property
regimes
with
eight
or
more
12
apartments,
if
the
form
of
administration
is
a
board
of
13
administration,
the
board
of
administration
shall
comply
with
14
the
requirements
of
chapter
499C.
15
2.
For
horizontal
property
regimes
with
seven
or
less
16
apartments,
if
the
form
of
administration
is
a
board
of
17
administration,
the
board
of
administration
shall
comply
18
with
the
requirements
of
section
499C.401,
subsection
2,
and
19
sections
499C.402
and
499C.403.
20
Sec.
5.
NEW
SECTION
.
499C.101
Title.
21
This
chapter
shall
be
known
and
cited
as
the
“Iowa
Common
22
Interest
Ownership
Act”
.
23
Sec.
6.
NEW
SECTION
.
499C.102
Public
policy.
24
The
general
assembly
declares
that
it
is
the
public
policy
of
25
the
state
that
the
management
and
affairs
of
common
interest
26
communities
be
conducted
openly,
and
this
chapter
shall
be
27
construed
to
provide
open
access
to
the
management
of
the
28
common
interest
community
for
the
unit
owners.
29
Sec.
7.
NEW
SECTION
.
499C.103
Definitions.
30
As
used
in
this
chapter,
unless
the
context
otherwise
31
requires:
32
1.
“Bylaws”
means
the
instruments,
however
denominated,
33
that
contain
the
procedures
for
conducting
the
affairs
of
the
34
unit
owners
association
or
the
executive
board
regardless
of
35
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the
form
in
which
the
association
is
organized,
including
any
1
amendments
to
such
instruments.
2
2.
“Common
element”
means:
3
a.
For
a
cooperative
under
chapter
499A
or
a
horizontal
4
property
regime
under
chapter
499B,
all
portions
of
the
common
5
interest
community
other
than
the
units.
6
b.
For
a
planned
community,
any
real
estate
within
the
7
planned
community
which
is
owned
or
leased
by
the
unit
owners
8
association,
other
than
a
unit.
9
c.
For
all
common
interest
communities,
any
other
interests
10
in
real
estate
identified
in
the
declaration
for
the
benefit
11
of
unit
owners.
12
3.
a.
“Common
interest
community”
means
real
estate
13
described
in
a
declaration
with
respect
to
which
a
person,
14
by
virtue
of
the
person’s
ownership
of
a
unit,
is
obligated
15
to
pay
for
a
share
of
real
estate
taxes,
insurance
premiums,
16
maintenance,
or
improvement
of,
or
services
or
other
expenses
17
related
to,
common
elements,
other
units,
or
other
real
estate
18
described
in
the
declaration.
“Common
interest
community”
19
includes
a
cooperative
under
chapter
499A
and
a
horizontal
20
property
regime
under
chapter
499B.
21
b.
Common
interest
community
does
not
include:
22
(1)
A
covenant
that
requires
the
owners
of
separate
parcels
23
of
real
estate
to
share
costs
or
other
obligations
related
to
a
24
wall,
driveway,
well,
or
other
similar
structure,
unless
all
25
such
owners
consent
in
writing
to
the
creation
of
a
common
26
interest
community.
27
(2)
Real
estate
described
in
paragraph
“a”
if
all
units
are
28
owned
by
a
single
owner.
29
4.
“Declarant”
means
a
person
or
group
of
persons
who,
30
as
the
record
title
owner
of
real
estate,
by
a
declaration,
31
creates
a
common
interest
community.
32
5.
“Declaration”
means
the
instrument,
however
denominated,
33
that
creates
a
common
interest
community,
including
any
34
amendments
to
the
instrument.
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6.
“Executive
board”
means
the
body,
regardless
of
name,
1
designated
in
the
declaration
or
bylaws
to
act
on
behalf
of
the
2
unit
owners
association.
3
7.
“Planned
community”
means
a
common
interest
community
4
that
is
not
solely
a
cooperative
under
chapter
499A
or
5
solely
a
horizontal
property
regime
under
chapter
499B,
and
6
includes
property
owner
or
homeowner
associations.
However,
a
7
cooperative
under
chapter
499A
or
a
horizontal
property
regime
8
under
chapter
499B
may
be
part
of
a
planned
community.
9
8.
“Rule”
means
a
policy,
guideline,
restriction,
procedure,
10
or
regulation,
however
denominated,
which
is
not
set
forth
in
11
the
declaration
or
bylaws.
12
9.
“Unit”
means
a
physical
portion
of
the
common
interest
13
community
designated
for
separate
ownership
or
occupancy
or
14
as
otherwise
defined
in
the
statute
under
which
the
common
15
interest
community
is
organized.
16
10.
“Unit
owner”
means
a
declarant
or
other
person
that
owns
17
a
unit,
but
does
not
include
a
person
having
an
interest
in
a
18
unit
solely
as
security
for
an
obligation.
In
a
horizontal
19
property
regime
under
chapter
499B
or
a
planned
community,
20
the
declarant
is
the
owner
of
a
unit.
In
a
cooperative
under
21
chapter
499A,
the
declarant
is
the
owner
of
a
unit
to
which
an
22
interest
has
been
allocated
until
that
unit
has
been
conveyed
23
to
another
person.
24
11.
“Unit
owners
association”
means
an
association,
25
regardless
of
name,
organized
as
a
for-profit
or
nonprofit
26
corporation,
trust,
limited
liability
company,
partnership,
27
unincorporated
association,
or
any
other
form
of
organization
28
authorized
by
the
laws
of
this
state,
the
membership
of
29
which
consists
solely
of
unit
owners
except
following
30
termination
of
the
common
interest
community,
at
which
time
the
31
association
shall
consist
of
all
former
unit
owners
entitled
32
to
distributions
of
proceeds
or
their
heirs,
successors,
or
33
assigns.
34
Sec.
8.
NEW
SECTION
.
499C.104
Variation
by
agreement.
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Except
as
expressly
provided
in
this
chapter,
the
provisions
1
of
this
chapter
may
not
be
varied
by
agreement,
and
rights
2
conferred
by
it
may
not
be
waived.
3
Sec.
9.
NEW
SECTION
.
499C.105
Applicability.
4
Unless
otherwise
provided
by
law:
5
1.
This
chapter
applies
to
common
interest
communities
6
within
this
state
having
eight
or
more
units.
7
2.
Any
portion
of
a
declaration,
bylaws,
covenant,
or
8
other
contractual
provision
existing
prior
to
July
1,
2014,
9
that
violates
or
is
inconsistent
with
this
chapter
is
not
10
enforceable.
However,
nothing
in
this
chapter
shall
be
11
construed
to
invalidate
other
provisions
of
the
declaration,
12
bylaws,
covenant,
or
contractual
provision
of
those
common
13
interest
communities
established
before
July
1,
2014.
14
3.
The
provisions
of
this
chapter
shall
prevail
over
any
15
conflicting
provision
of
law
under
which
a
common
interest
16
community
or
unit
owners
association
is
organized.
17
Sec.
10.
NEW
SECTION
.
499C.201
Unit
owners
association
——
18
executive
board.
19
1.
A
unit
owners
association
shall
have
an
executive
board.
20
2.
Except
as
otherwise
provided
in
the
declaration,
21
the
bylaws,
subsection
3
of
this
section,
or
provisions
of
22
the
statute
under
which
the
common
interest
community
is
23
organized,
an
executive
board
acts
on
behalf
of
the
unit
owners
24
association.
25
3.
An
executive
board
shall
not
act
on
behalf
of
the
unit
26
owners
association
to
amend
the
declaration,
to
terminate
the
27
common
interest
community,
to
elect
members
of
the
executive
28
board,
or
determine
the
qualifications,
powers
and
duties,
or
29
terms
of
office
of
executive
board
members.
An
executive
board
30
may
fill
vacancies
in
its
membership
for
the
unexpired
portion
31
of
any
term.
32
4.
A
declaration
may
provide
for
a
period
of
declarant
33
control
of
the
unit
owners
association,
during
which
a
34
declarant,
or
persons
designated
by
the
declarant,
may
appoint
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and
remove
the
officers
and
members
of
the
executive
board.
1
For
declarations
filed
on
or
after
July
1,
2014,
a
period
of
2
declarant
control
shall
be
clearly
defined
in
the
declaration.
3
Sec.
11.
NEW
SECTION
.
499C.401
Meetings.
4
1.
Meetings
of
a
unit
owners
association
shall
comply
with
5
all
of
the
following:
6
a.
A
unit
owners
association
shall
hold
a
meeting
of
7
unit
owners
annually
at
a
time,
date,
and
place
stated
in
or
8
determined
in
accordance
with
the
declaration
or
bylaws.
9
b.
A
unit
owners
association
shall
hold
a
special
meeting
10
of
unit
owners
to
address
any
matter
affecting
the
unit
owners
11
association
if
the
association’s
president,
a
majority
of
the
12
executive
board,
or
a
number
of
unit
owners
comprising
at
13
least
forty
percent
of
all
votes
in
the
association,
unless
a
14
different
percentage
is
specified
in
the
bylaws,
request
that
15
the
secretary
call
the
meeting.
If
the
unit
owners
association
16
does
not
notify
unit
owners
of
a
special
meeting
within
thirty
17
days
after
the
required
number
of
unit
owners
has
requested
the
18
secretary
to
call
a
special
meeting,
the
requesting
members
may
19
directly
notify
all
unit
owners
of
the
meeting.
Only
matters
20
described
in
the
meeting
notice
may
be
considered
at
a
special
21
meeting.
22
c.
A
unit
owners
association
shall
notify
each
unit
owner
23
of
the
time,
date,
and
place
of
each
annual
and
special
unit
24
owners
meeting
not
less
than
ten
days
and
not
more
than
sixty
25
days
before
the
meeting
date.
Each
meeting
notice
shall
state
26
the
time,
date,
and
place
of
the
meeting
and
the
items
on
the
27
agenda
in
a
manner
reasonably
calculated
to
apprise
the
unit
28
owners
of
that
information,
including
but
not
limited
to:
29
(1)
A
statement
of
the
general
nature
of
any
proposed
30
amendment
to
the
declaration
or
bylaws.
31
(2)
A
statement
describing
any
budget
changes.
32
(3)
Any
proposal
to
remove
an
officer
or
member
of
the
33
executive
board.
34
d.
The
requirements
relating
to
the
timing
of
meeting
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notices
under
paragraph
“c”
may
be
reduced
or
waived
for
a
1
meeting
called
to
address
an
emergency.
A
meeting
called
to
2
address
an
emergency
shall
be
limited
to
matters
arising
out
3
of
the
emergency.
4
e.
Each
unit
owner
shall
be
given
a
reasonable
opportunity
5
at
any
meeting
to
comment
on
any
matter
affecting
the
common
6
interest
community
or
the
unit
owners
association.
7
f.
The
declaration
or
bylaws
may
allow
for
meetings
of
8
unit
owners
to
be
conducted
by
telephonic,
video,
or
other
9
conferencing
method,
if
such
method
is
consistent
with
10
subsection
2,
paragraph
“g”
.
11
2.
Meetings
of
the
executive
board
and
meetings
of
12
committees
of
the
unit
owners
association
authorized
to
act
for
13
the
association
shall
comply
with
all
of
the
following:
14
a.
Meetings
shall
be
open
to
the
unit
owners
except
during
15
executive
sessions.
The
executive
board
and
committees
of
the
16
unit
owners
association
authorized
to
act
for
the
association
17
may
hold
an
executive
session
only
during
a
regular
or
special
18
meeting
of
the
board
or
the
committee.
No
final
vote
or
final
19
action
may
be
taken
during
an
executive
session.
An
executive
20
session
may
only
be
held
for
the
following
reasons:
21
(1)
To
consult
with
the
unit
owners
association’s
attorney
22
concerning
legal
matters
governed
by
attorney-client
privilege.
23
(2)
To
discuss
existing
or
potential
litigation
or
24
mediation,
arbitration,
or
governmental
administrative
25
proceedings.
26
(3)
To
discuss
matters
relating
to
the
job
performance,
27
compensation,
or
health
records
of
an
individual
employee
or
28
specific
complaints
against
an
individual
employee
of
the
29
unit
owners
association
or
against
an
independent
contractor
30
retained
by
the
unit
owners
association.
31
(4)
To
discuss
contracts,
leases,
and
other
commercial
32
transactions
for
goods
or
services
that
are
under
negotiation,
33
including
the
review
of
bids
or
proposals,
if
public
disclosure
34
of
such
matters
would
place
the
unit
owners
association
at
a
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disadvantage.
1
(5)
To
discuss
personal,
health,
or
financial
information
2
relating
to
a
unit
owner,
a
specific
employee
of
the
unit
3
owners
association,
or
a
specific
employee
of
an
independent
4
contractor
retained
by
the
unit
owners
association,
including
5
any
records
of
the
unit
owners
association
relating
to
such
6
information.
7
b.
For
purposes
of
this
section,
a
gathering
of
board
8
members
at
which
the
board
members
do
not
conduct
unit
owners
9
association
business
is
not
a
meeting
of
the
executive
board.
10
Executive
board
members
shall
not
use
incidental
or
social
11
gatherings
of
board
members
or
any
other
method
to
evade
the
12
meeting
and
notice
requirements
of
this
section.
13
c.
During
a
period
of
declarant
control,
the
executive
board
14
shall
meet
at
least
one
time
each
year.
At
least
one
of
the
15
meetings
shall
be
held
at
the
common
interest
community
or
at
16
a
place
convenient
to
the
unit
owners
of
the
common
interest
17
community.
After
termination
of
the
period
of
declarant
18
control,
all
executive
board
meetings
shall
be
held
at
the
19
common
interest
community
or
at
a
place
convenient
to
the
unit
20
owners
of
the
common
interest
community
unless
the
unit
owners
21
amend
the
bylaws
to
vary
the
location
of
such
meetings.
22
d.
At
each
executive
board
meeting,
the
executive
board
23
shall
provide
a
reasonable
opportunity
for
unit
owners
to
24
comment
on
any
matter
affecting
the
common
interest
community
25
and
the
unit
owners
association.
26
e.
Unless
the
meeting
is
included
in
a
schedule
given
to
the
27
unit
owners
or
the
meeting
is
called
to
address
an
emergency,
28
the
secretary
or
other
officer
specified
in
the
bylaws
shall
29
give
notice
of
each
executive
board
meeting
to
each
executive
30
board
member
and
to
each
unit
owner.
Such
notice
shall
be
31
given
at
least
ten
days
before
the
meeting
and
shall
state
the
32
time,
date,
place,
and
agenda
of
the
meeting.
33
f.
If
any
materials
are
distributed
to
the
executive
board
34
before
a
meeting,
the
executive
board,
upon
receipt
of
the
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materials,
shall
make
copies
reasonably
available
to
unit
1
owners,
except
that
the
executive
board
is
not
required
to
make
2
available
copies
of
unapproved
minutes
or
materials
that
are
to
3
be
considered
during
an
executive
session.
4
g.
Unless
otherwise
provided
in
the
declaration
or
bylaws,
5
the
executive
board
may
conduct
a
meeting
by
telephonic,
video,
6
or
other
conferencing
method
if
all
of
the
following
conditions
7
are
met:
8
(1)
The
meeting
notice
states
the
conferencing
method
to
9
be
used
and
provides
information
explaining
how
unit
owners
10
may
participate
in
the
conference
directly
or
by
meeting
at
a
11
central
location
or
conference
connection.
12
(2)
The
process
provides
all
unit
owners
the
opportunity
13
to
hear
or
perceive
the
discussion
and
to
comment
on
matters
14
before
the
executive
board.
15
h.
Following
termination
of
the
period
of
declarant
control,
16
unit
owners
may
amend
the
bylaws
to
vary
the
procedures
for
17
meetings
described
in
paragraph
“g”
.
18
i.
In
lieu
of
a
meeting,
the
executive
board
may
act
by
19
unanimous
consent
if
such
action
is
documented
in
a
record
20
authenticated
by
all
executive
board
members.
The
secretary
21
shall
give
prompt
notice
to
all
unit
owners
of
any
action
22
taken
by
unanimous
consent.
After
termination
of
the
period
23
of
declarant
control,
an
executive
board
may
act
by
unanimous
24
consent
only
to
undertake
ministerial
actions
or
to
implement
25
actions
previously
taken
at
a
meeting
of
the
executive
board.
26
j.
Unless
otherwise
restricted
by
this
chapter
or
the
common
27
interest
community’s
bylaws,
an
executive
board
may
determine
28
rules
of
procedure
for
the
executive
board.
29
k.
An
executive
board
may
remove
any
person
from
a
meeting
30
of
the
executive
board
upon
a
finding
by
a
majority
of
the
31
board
members
that
the
person
is
being
disruptive
to
the
32
meeting.
An
executive
board
may
bar
any
person
from
meetings
33
of
the
executive
board
or
other
meetings
of
the
common
interest
34
community
for
a
period
of
up
to
one
year
if
the
person
has
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been
twice
removed
from
a
meeting
within
the
preceding
twelve
1
months.
2
l.
An
action
by
an
executive
board
that
is
not
in
compliance
3
with
this
section
is
valid
unless
invalidated
by
a
court.
A
4
challenge
to
the
validity
of
an
action
of
the
executive
board
5
for
failure
to
comply
with
this
section
shall
not
be
brought
6
more
than
sixty
days
after
the
minutes
of
the
executive
board
7
of
the
meeting
at
which
the
action
was
taken
are
approved
8
or
the
record
of
that
action
is
distributed
to
unit
owners,
9
whichever
is
later.
10
Sec.
12.
NEW
SECTION
.
499C.402
Association
records.
11
1.
A
unit
owners
association
shall
retain
all
of
the
12
following:
13
a.
Detailed
records
of
receipts
and
expenditures
relating
to
14
the
operation
and
administration
of
the
unit
owners
association
15
and
other
appropriate
accounting
records.
16
b.
Minutes
of
all
unit
owners
meetings
and
executive
board
17
meetings,
a
record
of
all
actions
taken
by
the
unit
owners
or
18
the
executive
board
without
a
meeting,
and
a
record
of
all
19
actions
taken
by
a
committee
in
place
of
the
executive
board
on
20
behalf
of
the
unit
owners
association.
The
minutes
retained
21
by
the
unit
owners
association
shall
indicate
the
date,
time,
22
and
place
of
the
meeting,
the
names
of
all
persons
present
23
at
the
meeting,
and
each
action
taken
at
the
meeting.
The
24
minutes
shall
also
include
the
results
of
each
vote
taken
at
25
the
meeting,
including
information
indicating
the
vote
of
each
26
executive
board
member
present
at
the
meeting.
The
vote
of
27
each
executive
board
member
present
shall
be
made
public
at
the
28
open
session.
29
c.
The
names
of
all
unit
owners
in
a
form
that
permits
30
preparation
of
a
list
of
the
names
of
all
owners
and
the
31
regular
mail
or
electronic
mail
address
at
which
the
unit
32
owners
association
communicates
with
them,
and
the
number
of
33
votes
each
unit
owner
is
entitled
to
cast.
34
d.
The
unit
owners
association’s
original
and
amended
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organizational
documents,
bylaws,
including
all
amendments
to
1
the
bylaws,
and
all
rules
of
the
common
interest
community
2
currently
in
effect.
3
e.
All
financial
statements
and
tax
returns
of
the
unit
4
owners
association
for
the
past
three
years.
5
f.
A
list
of
the
names
and
addresses
of
the
current
6
executive
board
members
and
officers.
7
g.
The
unit
owners
association’s
most
recent
annual
report
8
delivered
to
the
secretary
of
state,
if
applicable.
9
h.
Copies
of
each
contract
to
which
the
unit
owners
10
association
is
currently
a
party.
11
i.
Records
of
executive
board
or
committee
actions
relating
12
to
requests
for
design
or
architectural
approval
from
unit
13
owners.
14
j.
Ballots,
proxies,
and
other
records
related
to
voting
by
15
unit
owners
for
one
year
after
the
election,
action,
or
vote.
16
2.
Except
as
provided
under
subsections
3
and
4,
all
records
17
retained
by
a
unit
owners
association
must
be
available
for
18
examination
and
copying
by
a
unit
owner
or
the
unit
owner’s
19
authorized
agent
during
reasonable
business
hours
or
at
a
20
mutually
convenient
time
and
location
upon
providing
a
five
21
days’
notice
that
reasonably
identifies
the
specific
records
22
that
are
being
requested.
23
3.
Records
retained
by
a
unit
owners
association
may
be
24
withheld
from
inspection
and
copying
to
the
extent
that
they
25
concern:
26
a.
Personally
identifiable
information,
salary,
and
medical
27
records
relating
to
specific
individuals.
28
b.
Information
relating
to
contracts,
leases,
and
other
29
commercial
transactions
to
purchase
or
provide
goods
or
30
services,
that
are
currently
under
negotiation.
31
c.
Information
relating
to
existing
or
potential
litigation,
32
mediation,
arbitration,
or
governmental
administrative
33
proceedings.
34
d.
Information
relating
to
existing
or
potential
matters
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involving
governmental
administrative
proceedings
or
other
1
proceedings
before
a
government
tribunal
for
enforcement
of
the
2
declaration,
bylaws,
or
rules.
3
e.
Communications
with
the
unit
owners
association
attorney
4
which
are
otherwise
protected
by
the
attorney-client
privilege
5
or
the
attorney
work-product
doctrine.
6
f.
Information
that
if
disclosed
would
violate
another
7
provision
of
law.
8
g.
Records
of
an
executive
session
of
the
executive
board.
9
However,
upon
the
completion
of
a
matter
that
is
the
subject
of
10
an
executive
session
held
under
section
499C.401,
subsection
11
2,
paragraph
“a”
,
subparagraphs
(1)
through
(4),
such
records
12
of
the
executive
session
shall
be
available
for
inspection
as
13
provided
in
this
section.
14
h.
Records
directly
related
to
the
personal,
health,
or
15
financial
information
of
a
unit
owner,
if
the
person
requesting
16
the
records
is
not
the
unit
owner
that
is
the
subject
of
the
17
records.
18
4.
A
unit
owners
association
may
charge
a
reasonable
fee
19
for
providing
copies
of
any
records
under
this
section
and
for
20
supervising
the
inspection
of
such
records.
21
5.
The
right
to
inspect
records
under
this
section
includes
22
the
right
to
copy
records
by
photocopying
or
other
means
and
23
includes
the
right
to
receive
copies
through
an
electronic
24
transmission,
if
available,
upon
request
of
the
requester.
25
6.
A
unit
owners
association
is
not
obligated
to
compile
or
26
synthesize
information
or
records
under
this
section.
27
7.
Information
or
records
obtained
under
this
section
shall
28
not
be
used
for
commercial
purposes.
29
Sec.
13.
NEW
SECTION
.
499C.403
Notice
to
unit
owners.
30
1.
A
unit
owners
association
or
an
executive
board,
as
31
applicable,
shall
deliver
each
notice
required
to
be
given
by
32
the
association
or
board
under
this
chapter
to
the
regular
mail
33
address
or
electronic
mail
address
provided
by
each
unit
owner.
34
If
a
regular
mail
address
or
electronic
mail
address
is
not
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provided
by
the
unit
owner,
the
notice
may
be
delivered
using
1
any
of
the
following
methods:
2
a.
Hand
delivery
to
the
unit
owner.
3
b.
Mailing
by
regular
mail
or
certified
mail
as
defined
in
4
section
618.15
to
the
address
of
the
unit.
5
c.
Any
other
method
reasonably
calculated
to
provide
notice
6
to
the
unit
owner.
7
2.
The
ineffectiveness
of
a
good-faith
effort
to
deliver
8
notice
under
subsection
1
does
not
invalidate
an
action
taken
9
at
a
meeting
or
an
action
taken
by
other
means.
10
Sec.
14.
NEW
SECTION
.
499C.501
Cause
of
action
——
attorney
11
fees.
12
A
declarant,
unit
owners
association,
unit
owner,
or
any
13
other
person
subject
to
this
chapter
may
bring
an
action
to
14
enforce
a
right
granted
or
obligation
imposed
by
this
chapter,
15
the
declaration,
or
the
bylaws.
In
any
action
brought
under
16
this
chapter,
the
court
may
award
reasonable
attorney
fees
to
17
the
prevailing
party.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
creates
the
“Iowa
Common
Interest
Ownership
Act,”
22
new
Code
chapter
499C.
The
bill
provides
that
it
is
the
23
public
policy
of
the
state
that
the
management
and
affairs
of
24
common
interest
communities
be
conducted
openly
and
that
the
25
new
Code
chapter
is
to
be
construed
to
provide
open
access
to
26
the
management
of
the
common
interest
community
for
the
unit
27
owners.
28
New
Code
chapter
499C
defines
“common
interest
community”
29
to
mean
real
estate
described
in
a
declaration
with
respect
to
30
which
a
person,
by
virtue
of
the
person’s
ownership
of
a
unit,
31
is
obligated
to
pay
for
a
share
of
real
estate
taxes,
insurance
32
premiums,
maintenance,
or
improvement
of,
or
services
or
other
33
expenses
related
to,
common
elements,
other
units,
or
other
34
real
estate
described
in
the
declaration.
The
bill
specifies
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that
a
common
interest
community
does
not
include
a
covenant
1
that
requires
the
owners
of
separate
parcels
of
real
estate
2
to
share
certain
costs
or
other
obligations,
unless
all
such
3
owners
consent
in
writing
to
the
creation
of
a
common
interest
4
community,
and
does
not
include
community
where
all
units
are
5
owned
by
a
single
owner.
6
The
bill
defines
cooperatives
under
Code
chapter
499A
and
7
horizontal
property
regimes
under
Code
chapter
499B
to
be
8
common
interest
communities.
The
bill
specifies
that
unless
9
otherwise
provided
by
law
new
Code
chapter
499C
applies
to
10
all
common
interest
communities
established
within
this
state
11
having
eight
or
more
units.
However,
the
bill
provides
that
12
for
horizontal
property
regimes
with
seven
or
less
apartments,
13
if
the
form
of
administration
is
a
board
of
administration,
the
14
board
of
administration
must
comply
with
the
requirements
of
15
new
Code
section
499C.401(2),
regarding
meeting
requirements,
16
and
new
Code
sections
499C.402
and
499C.403,
relating
to
17
records
and
notice.
18
The
bill
does
not,
except
as
specifically
provided,
allow
19
for
the
provisions
of
new
Code
chapter
499C
to
be
varied
by
20
agreement,
and
rights
conferred
by
new
Code
chapter
499C
may
21
not
be
waived.
22
The
bill
also
provides
that
any
portion
of
a
declaration,
23
bylaws,
covenant,
or
other
contractual
provision
existing
prior
24
to
July
1,
2014,
that
violates
or
is
inconsistent
with
new
Code
25
chapter
499C
is
not
enforceable.
However,
nothing
in
new
Code
26
chapter
499C
shall
be
construed
to
invalidate
other
provisions
27
of
the
declaration,
bylaws,
covenant,
or
contractual
provisions
28
of
those
common
interest
communities
established
before
July
29
1,
2014.
The
bill
specifies
that
the
provisions
of
new
Code
30
chapter
499C
shall
prevail
over
any
conflicting
provision
of
31
law
under
which
a
common
interest
community
or
unit
owners
32
association
is
organized.
33
The
bill
requires
each
unit
owners
association,
as
defined
34
in
the
bill,
to
have
an
executive
board.
The
bill
defines
an
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executive
board
as
the
body,
regardless
of
name,
designated
1
in
the
declaration
or
bylaws
to
act
on
behalf
of
the
unit
2
owners
association.
However,
the
bill
provides
that
an
3
executive
board
shall
not
act
on
behalf
of
the
unit
owners
4
association
to
amend
the
declaration,
to
terminate
the
common
5
interest
community,
to
elect
members
of
the
executive
board,
or
6
determine
the
qualifications,
powers
and
duties,
or
terms
of
7
office
of
executive
board
members.
The
bill
provides,
however,
8
that
an
executive
board
may
fill
vacancies
in
its
membership
9
for
the
unexpired
portion
of
any
term.
10
The
bill
provides
that
a
declaration
(the
instrument
that
11
creates
the
common
interest
community)
may
provide
for
a
period
12
of
declarant
control
of
the
unit
owners
association,
during
13
which
a
declarant
(the
person
or
group
of
persons
who
creates
14
the
common
interest
community),
or
persons
designated
by
the
15
declarant,
may
appoint
and
remove
the
officers
and
members
of
16
the
executive
board.
The
bill
specifies
that
for
declarations
17
filed
on
or
after
July
1,
2014,
a
period
of
declarant
control
18
shall
be
clearly
defined
in
the
declaration.
19
The
bill
establishes
requirements
relating
to
meetings
of
20
unit
owners
associations,
executive
boards,
and
committees
21
of
such
entities
including
requirements
for
the
contents
22
of
meeting
notices,
allowable
actions
during
meetings,
23
requirements
relating
to
unit
owner
comments,
and
the
manner
24
in
which
meetings
may
be
conducted.
The
bill
also
specifies
25
the
manner
and
the
reasons
for
which
certain
meetings
may
be
26
called.
27
The
bill
enacts
requirements
relating
to
the
retention
of
28
records
by
unit
owners
associations
and
specifies
the
records
29
retained
by
a
unit
owners
association
that
may
be
withheld
from
30
inspection
and
copying.
31
The
bill
requires
a
unit
owners
association
or
executive
32
board,
as
applicable,
to
deliver
each
notice
required
to
be
33
given
by
the
association
under
new
Code
chapter
499C
to
the
34
regular
mail
address
or
electronic
mail
address
provided
by
35
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H.F.
2010
each
unit
owner.
If
a
regular
mail
or
electronic
mail
address
1
is
not
provided
by
the
unit
owner,
the
unit
owners
association
2
may
deliver
the
notice
by
a
different
method
specified
in
3
the
bill.
The
bill
provides
that
the
ineffectiveness
of
a
4
good-faith
effort
to
deliver
notice
does
not
invalidate
an
5
action
taken
at
a
meeting
or
an
action
taken
by
other
means.
6
The
bill
provides
that
a
declarant,
unit
owners
association,
7
unit
owner,
or
any
other
person
subject
to
new
Code
chapter
8
499C
may
bring
an
action
to
enforce
a
right
granted
or
9
obligation
imposed
by
the
Code
chapter,
the
declaration,
or
the
10
bylaws.
In
any
such
action,
the
court
may
award
reasonable
11
attorney
fees
to
the
prevailing
party.
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