Bill Text: IA HF2394 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the declaration and bylaws for residential condominiums, and including applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-17 - Introduced, referred to Judiciary. H.J. 281. [HF2394 Detail]
Download: Iowa-2019-HF2394-Introduced.html
House
File
2394
-
Introduced
HOUSE
FILE
2394
BY
WINCKLER
A
BILL
FOR
An
Act
relating
to
the
declaration
and
bylaws
for
residential
1
condominiums,
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2394
Section
1.
Section
499B.2,
Code
2020,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
2A.
“Bylaws”
means
the
instruments,
however
3
denominated,
that
contain
the
procedures
for
the
administration
4
of
a
horizontal
property
regime,
regardless
of
the
form
of
5
administration,
including
any
amendments
to
such
instruments.
6
NEW
SUBSECTION
.
4A.
“Declaration”
means
the
instrument,
7
however
denominated,
that
creates
a
horizontal
property
regime,
8
including
any
amendments
to
the
instrument.
9
Sec.
2.
NEW
SECTION
.
499B.15A
Declaration
and
bylaws
——
10
residential
condominiums.
11
1.
As
used
in
this
section,
unless
the
context
otherwise
12
requires:
13
a.
“Administration”
means
the
administrator,
board
14
of
administration,
or
other
form
of
administration
for
a
15
horizontal
property
regime
as
contained
in
the
bylaws
pursuant
16
to
section
499B.15.
17
b.
“Developer”
means
a
person
or
group
of
persons
who
as
the
18
record
title
owner
of
real
estate,
by
a
declaration
pursuant
19
to
section
499B.3,
establish
a
residential
horizontal
property
20
regime,
also
known
as
residential
condominiums.
21
2.
The
declaration
recorded
pursuant
to
section
499B.3
and
22
the
bylaws
recorded
pursuant
to
section
499B.14
for
residential
23
condominiums
shall
each
contain
a
clause
that
either
has
the
24
effect
of
or
provides
for
all
of
the
following:
25
a.
The
administration,
except
as
otherwise
provided
in
the
26
declaration,
the
bylaws,
paragraph
“b”
,
or
this
chapter,
acts
on
27
behalf
of
the
council
of
co-owners.
In
the
performance
of
its
28
duties,
the
administration
members
appointed
by
the
developer
29
shall
exercise
the
degree
of
care
and
loyalty
to
the
council
of
30
co-owners
required
of
a
trustee.
Members
of
the
administration
31
not
appointed
by
the
developer
shall
exercise
the
degree
of
32
care
and
loyalty
to
the
council
of
co-owners
required
of
an
33
officer
or
director
of
a
corporation
organized
under
chapter
34
504,
and
such
members
are
subject
to
the
conflict
of
interest
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rules
governing
directors
and
officers
under
chapter
504.
1
b.
The
administration
shall
not
act
on
behalf
of
the
2
council
of
co-owners
to
amend
the
declaration,
to
terminate
3
the
horizontal
property
regime,
to
elect
members
of
the
4
administration,
or
to
determine
the
qualifications,
powers
and
5
duties,
or
terms
of
office
of
administration
members.
The
6
administration
may
fill
member
vacancies
in
the
administration
7
for
the
unexpired
portion
of
any
member’s
term.
8
c.
(1)
Subject
to
paragraph
“d”
,
the
declaration
9
may
provide
for
a
period
of
developer
control
of
the
10
administration
during
which
a
developer,
or
persons
designated
11
by
the
developer,
may
appoint
and
remove
members
of
the
12
administration.
In
no
case,
however,
shall
a
period
of
13
developer
control
continue
upon
the
occurrence
of
any
of
the
14
following:
15
(a)
Sixty
days
after
the
conveyance
of
seventy-five
16
percent
of
all
apartments
in
the
horizontal
property
regime
to
17
co-owners
other
than
the
developer.
18
(b)
Two
years
after
the
developer
has
ceased
to
offer
19
apartments
for
sale
in
the
ordinary
course
of
business.
20
(c)
Two
years
after
the
addition
of
any
number
of
new
21
apartments
to
the
horizontal
property
regime.
22
(d)
The
date
the
developer,
after
giving
written
notice
to
23
the
council
of
co-owners,
records
an
instrument
voluntarily
24
surrendering
all
rights
to
control
the
administration
of
the
25
horizontal
property
regime.
26
(2)
A
developer
may
voluntarily
surrender
the
right
to
27
appoint
members
of
the
administration
before
termination
of
28
the
period
under
subparagraph
(1).
However,
the
developer
29
may
retain,
for
the
duration
of
the
period
of
developer
30
control,
approval
authority
for
specified
actions
of
the
31
administration,
as
described
in
a
recorded
instrument
executed
32
by
the
developer.
33
d.
(1)
Not
later
than
sixty
days
after
conveyance
of
34
twenty-five
percent
of
the
apartments
to
co-owners
other
than
a
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developer,
at
least
one
member,
and
not
less
than
twenty-five
1
percent
of
the
members
of
the
administration,
must
be
elected
2
by
co-owners
other
than
the
developer.
3
(2)
Not
later
than
sixty
days
after
conveyance
of
fifty
4
percent
of
the
apartments
to
co-owners
other
than
the
5
developer,
not
less
than
one-third
of
the
members
of
the
6
administration
must
be
elected
by
co-owners
other
than
the
7
developer.
8
e.
Following
the
termination
of
any
period
of
developer
9
control
under
this
section,
the
council
of
co-owners
shall
10
elect
an
administration,
at
least
a
majority
of
whom
must
be
11
co-owners.
12
f.
Notwithstanding
any
provision
of
the
declaration
13
or
bylaws
to
the
contrary,
the
council
of
co-owners,
by
a
14
two-thirds
vote
of
all
persons
present
and
entitled
to
vote
at
15
any
meeting
of
the
council
of
co-owners
at
which
a
quorum
is
16
present,
may
remove
any
member
of
the
administration
with
or
17
without
cause,
other
than
a
member
appointed
by
the
developer.
18
Sec.
3.
APPLICABILITY.
This
Act
applies
to
all
declarations
19
and
bylaws
for
residential
condominiums,
amendments
to
20
declarations
and
bylaws
for
residential
condominiums,
and
21
modifications
to
declarations
and
bylaws
for
residential
22
condominiums,
that
are
recorded
pursuant
to
sections
499B.3
and
23
499B.14
on
or
after
July
1,
2020.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
declaration
and
bylaws
recorded
for
28
residential
condominiums.
29
The
bill
requires
that
the
declaration
and
bylaws
30
recorded
for
residential
condominiums
contain
certain
31
language
placing
limitations
on
the
residential
condominium
32
developer’s
long-term
control
over
the
residential
condominium.
33
“Developer”
is
defined
in
the
bill
as
a
person
or
group
of
34
persons
who
as
the
record
title
owner
of
real
estate
establish
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a
horizontal
property
regime,
also
known
as
residential
1
condominiums,
by
declaration.
2
The
bill
applies
to
all
declarations
and
bylaws
for
3
residential
condominiums,
amendments
to
declarations
and
bylaws
4
for
residential
condominiums,
and
modifications
to
declarations
5
and
bylaws
for
residential
condominiums,
that
are
recorded
on
6
or
after
July
1,
2020.
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