Bill Text: IA HF432 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to access by certain entities to specific records and documents maintained by a unit owners association. (Formerly HSB 158.) Effective date: 07/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-06-01 - Signed by Governor. H.J. 1040. [HF432 Detail]
Download: Iowa-2023-HF432-Enrolled.html
House
File
432
-
Enrolled
House
File
432
AN
ACT
RELATING
TO
ACCESS
BY
CERTAIN
ENTITIES
TO
SPECIFIC
RECORDS
AND
DOCUMENTS
MAINTAINED
BY
A
UNIT
OWNERS
ASSOCIATION.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
499C.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Bylaws”
means
the
instruments,
however
denominated,
that
contain
the
procedures
for
conducting
the
affairs
of
a
unit
owners
association
or
an
executive
board
regardless
of
the
form
in
which
the
association
is
organized,
including
any
amendments
to
such
instruments.
2.
“Common
element”
means:
a.
For
a
cooperative
under
chapter
499A
or
a
horizontal
property
regime
under
chapter
499B,
all
portions
of
the
common
interest
community
other
than
the
units.
b.
For
a
planned
community,
any
real
estate
within
the
planned
community
which
is
owned
or
leased
by
the
unit
owners
association,
other
than
a
unit.
c.
For
all
common
interest
communities,
any
other
interests
in
real
estate
for
the
benefit
of
unit
owners
identified
in
the
declaration.
3.
a.
“Common
interest
community”
means
real
estate
described
in
a
declaration
with
respect
to
which
a
person,
by
virtue
of
the
person’s
ownership
of
a
unit,
is
obligated
to
pay
for
a
share
of
real
estate
taxes,
insurance
premiums,
House
File
432,
p.
2
maintenance,
or
improvement
of,
or
services
or
other
expenses
related
to,
common
elements,
other
units,
or
other
real
estate
described
in
the
declaration.
“Common
interest
community”
includes
a
planned
community,
a
cooperative
under
chapter
499A,
and
a
horizontal
property
regime
under
chapter
499B.
b.
“Common
interest
community”
does
not
include:
(1)
A
covenant
that
requires
the
owners
of
separate
parcels
of
real
estate
to
share
costs
or
other
obligations
related
to
a
wall,
driveway,
well,
or
other
similar
structure,
unless
all
such
owners
consent
in
writing
to
the
creation
of
a
common
interest
community.
(2)
Real
estate
described
in
paragraph
“a”
if
all
units
are
owned
by
a
single
owner.
(3)
Real
estate
described
in
paragraph
“a”
that
is
managed
by
the
original
developer
of
the
real
estate.
4.
“Declarant”
means
a
person
or
group
of
persons
who,
as
the
record
title
owner
of
real
estate,
by
a
declaration,
creates
a
common
interest
community.
5.
“Declaration”
means
the
instrument,
however
denominated,
that
creates
a
common
interest
community,
including
any
amendments
to
the
instrument.
6.
“Executive
board”
means
the
body,
regardless
of
name,
designated
in
the
declaration
or
bylaws
to
act
on
behalf
of
a
unit
owners
association.
7.
“Planned
community”
means
a
common
interest
community
that
is
not
solely
a
cooperative
under
chapter
499A
or
solely
a
horizontal
property
regime
under
chapter
499B,
and
includes
property
owner
or
homeowner
associations.
A
cooperative
under
chapter
499A
or
a
horizontal
property
regime
under
chapter
499B,
however,
may
be
part
of
a
planned
community.
8.
“Rule”
means
a
policy,
guideline,
restriction,
procedure,
or
regulation,
however
denominated,
which
is
not
set
forth
in
the
declaration
or
bylaws.
For
a
common
interest
community
comprised
of
less
than
one
thousand
units,
“rule”
does
not
include,
mean,
or
attempt
to
effectuate
a
restrictive
covenant
that
has
expired.
9.
“Unit”
means
a
portion
of
a
common
interest
community
designated
for
separate
ownership
or
occupancy
or
as
otherwise
defined
in
the
statute
under
which
the
common
interest
House
File
432,
p.
3
community
is
organized,
including
but
not
limited
to
an
apartment
as
defined
in
section
499B.2.
10.
“Unit
owner”
means
a
declarant
or
other
person
that
owns
a
unit,
but
does
not
include
a
person
having
an
interest
in
a
unit
solely
as
security
for
an
obligation.
In
a
horizontal
property
regime
under
chapter
499B
or
a
planned
community,
the
declarant
is
the
owner
of
a
unit.
In
a
cooperative
under
chapter
499A,
the
declarant
is
the
owner
of
any
unit
to
which
an
interest
has
been
allocated
until
that
unit
has
been
conveyed
to
another
person.
11.
“Unit
owners
association”
means
an
association,
regardless
of
name,
organized
as
a
for-profit
or
nonprofit
corporation,
trust,
limited
liability
company,
partnership,
unincorporated
association,
or
any
other
form
of
organization
authorized
by
the
laws
of
this
state,
the
membership
of
which
consists
solely
of
unit
owners
except
following
termination
of
the
common
interest
community,
at
which
time
the
association
shall
consist
of
all
former
unit
owners
entitled
to
distributions
of
proceeds
or
their
heirs,
successors,
or
assigns.
Sec.
2.
NEW
SECTION
.
499C.2
Records
and
documents
——
access.
1.
A
unit
owners
association,
a
unit
owners
association’s
designee,
or
a
unit
owners
association’s
management
company
shall
make
all
of
the
following
records
and
documents
available
to
a
unit
owner
or
the
unit
owner’s
authorized
agent
within
ten
business
days
of
a
request
by
the
unit
owner
or
the
unit
owner’s
authorized
agent:
a.
The
organizational
documents
for
the
common
interest
community,
including
all
amendments.
b.
The
unit
owners
association’s
bylaws,
including
all
amendments.
c.
The
rules
of
the
common
interest
community,
including
all
amendments.
d.
The
minutes
of
the
most
recently
held
unit
owners
meeting,
including
any
financial
reports.
The
minutes
must
indicate
the
date,
time,
and
place
of
the
meeting,
the
names
of
all
persons
present
at
the
meeting,
each
action
taken
at
the
meeting,
and
the
results
of
each
vote
taken
at
the
meeting.
House
File
432,
p.
4
e.
The
minutes
of
the
most
recently
held
executive
board
meeting,
including
any
financial
reports.
The
minutes
must
indicate
the
date,
time,
and
place
of
the
meeting,
the
names
of
all
persons
present
at
the
meeting,
each
action
taken
at
the
meeting,
and
the
results
of
each
vote
taken
at
the
meeting.
2.
A
unit
owners
association,
a
unit
owners
association’s
designee,
or
a
unit
owners
association’s
management
company
may
make
the
records
and
documents
under
subsection
1
available
to
a
unit
owner
or
the
unit
owner’s
authorized
agent
via
any
of
the
following
methods:
a.
Paper
copy.
b.
Electronically
to
an
electronic
mail
address
provided
by
the
unit
owner
or
the
unit
owner’s
authorized
agent.
c.
By
posting
the
records
and
documents
to
an
internet
site
maintained
by
the
unit
owners
association,
the
unit
owners
association’s
designee,
or
the
unit
owners
association’s
management
company
to
which
the
unit
owner
or
the
unit
owner’s
authorized
agent
has
reasonable
access.
3.
A
unit
owners
association,
a
unit
owners
association’s
designee,
or
a
unit
owners
association’s
management
company
may
charge
a
reasonable
fee
for
all
records
and
documents
provided
under
this
section.
The
fee
shall
not
exceed
the
estimated
cost
of
production
or
reproduction
of
the
records
or
documents.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
432,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
