Bill Text: IA HF440 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the actions of certain nonprofit corporations and horizontal property regimes and including applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF440 Detail]
Download: Iowa-2011-HF440-Introduced.html
House
File
440
-
Introduced
HOUSE
FILE
440
BY
ISENHART
(COMPANION
TO
1073SS
BY
JOCHUM)
A
BILL
FOR
An
Act
relating
to
the
actions
of
certain
nonprofit
1
corporations
and
horizontal
property
regimes
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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440
Section
1.
Section
499B.15,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
If
the
form
of
administration
is
a
board
of
3
administration,
board
meetings
must
be
open
to
all
apartment
4
owners
except
for
meetings
between
the
board
and
its
attorney
5
with
respect
to
proposed
or
pending
litigation
where
the
6
contents
of
the
discussion
would
otherwise
be
governed
by
the
7
attorney-client
privilege.
Notice
of
each
board
meeting
must
8
be
mailed
or
delivered
to
each
apartment
owner
at
least
seven
9
days
before
the
meeting.
Each
notice
shall
contain
the
date,
10
time,
place,
and
purpose
of
the
meeting.
Minutes
of
meetings
11
of
the
board
of
administration
must
be
maintained
in
written
12
form
or
in
another
form
that
can
be
converted
into
written
form
13
within
a
reasonable
time.
The
official
records
of
the
board
14
of
administration
must
be
open
to
inspection
and
available
for
15
photocopying
at
reasonable
times
and
places
,
unless
the
record
16
or
a
portion
of
a
record
contains
the
personal
information
of
17
a
co-owner
and
is
deemed
confidential
upon
unanimous
vote
of
18
the
board
of
administration
.
Such
confidential
records
shall,
19
however,
be
open
to
inspection
and
available
for
photocopying
20
if
ordered
by
a
court.
Any
action
taken
by
a
board
of
21
administration
at
a
meeting
that
is
in
violation
of
any
of
the
22
provisions
of
this
subsection
is
not
valid
or
enforceable.
In
23
any
judicial
action,
the
board
of
administration
shall
have
the
24
burden
of
proving
that
the
requirements
of
this
subsection
have
25
been
met.
26
Sec.
2.
Section
504.823,
Code
2011,
is
amended
to
read
as
27
follows:
28
504.823
Call
and
notice
of
meetings.
29
1.
Unless
the
articles
or
bylaws
of
a
corporation,
or
30
subsection
3
or
5
,
provide
provides
otherwise,
regular
meetings
31
of
the
board
may
be
held
without
notice.
32
2.
Unless
the
articles,
bylaws,
or
subsection
3
or
5
provide
33
provides
otherwise,
special
meetings
of
the
board
must
be
34
preceded
by
at
least
two
days’
notice
to
each
director
of
the
35
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440
date,
time,
and
place,
but
not
the
purpose,
of
the
meeting.
1
3.
In
corporations
without
members,
any
board
action
to
2
remove
a
director
or
to
approve
a
matter
which
would
require
3
approval
by
the
members
if
the
corporation
had
members
shall
4
not
be
valid
unless
each
director
is
given
at
least
seven
5
days’
written
notice
that
the
matter
will
be
voted
upon
at
6
a
directors’
meeting
or
unless
notice
is
waived
pursuant
to
7
section
504.824
.
8
4.
Unless
the
articles
or
bylaws
provide
otherwise,
the
9
presiding
officer
of
the
board,
the
president,
or
twenty
10
percent
of
the
directors
then
in
office
may
call
and
give
11
notice
of
a
meeting
of
the
board.
12
5.
Notwithstanding
any
provision
of
this
chapter
to
the
13
contrary,
homeowners’
association
board
meetings
shall
be
open
14
to
all
members
except
for
meetings
between
the
board
and
its
15
attorney
with
respect
to
proposed
or
pending
litigation
where
16
the
contents
of
the
discussion
would
otherwise
be
governed
17
by
the
attorney-client
privilege.
Notice
of
each
board
18
meeting
shall
be
mailed
or
delivered
to
each
member
and
to
19
each
director
at
least
seven
days
before
the
meeting.
Each
20
notice
shall
contain
the
date,
time,
place,
and
purpose
of
the
21
meeting.
Any
action
taken
by
a
board
at
a
meeting
that
is
22
in
violation
of
this
subsection
is
not
valid
or
enforceable.
23
In
any
judicial
action,
the
homeowners’
association
board
24
shall
have
the
burden
of
proving
that
the
requirements
of
this
25
subsection
have
been
met.
For
purposes
of
this
subsection,
26
“homeowners’
association”
means
a
corporation
responsible
for
27
the
operation
of
an
area
of
real
property
comprised
of
land
and
28
buildings
used
primarily
for
human
habitation,
that
consists
of
29
parcel
owners
or
their
agents,
and
in
which
membership
in
the
30
corporation
is
a
mandatory
condition
of
parcel
ownership.
31
Sec.
3.
Section
504.1602,
Code
2011,
is
amended
by
adding
32
the
following
new
subsection:
33
NEW
SUBSECTION
.
7.
Notwithstanding
any
provision
of
this
34
chapter
to
the
contrary,
a
homeowners’
association
board,
under
35
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440
section
504.823,
subsection
5,
may
refuse
inspection
or
copying
1
of
a
record
or
a
portion
of
a
record
relating
to
the
personal
2
information
of
a
member
upon
unanimous
vote
of
the
board,
3
unless
otherwise
ordered
by
a
court.
4
Sec.
4.
APPLICABILITY.
This
Act
applies
to
homeowners’
5
association
board
meetings
and
horizontal
property
regime
board
6
of
administration
meetings
occurring
on
or
after
July
8,
2011.
7
EXPLANATION
8
This
bill
applies
to
horizontal
property
regimes
9
(condominiums)
under
Code
chapter
499B
and
to
homeowners’
10
associations
organized
under
the
revised
Iowa
nonprofit
11
corporation
Act,
Code
chapter
504.
The
bill
requires
12
homeowners’
association
board
meetings
to
be
open
to
all
13
members
except
for
meetings
between
the
board
and
its
attorney
14
with
respect
to
proposed
or
pending
litigation
where
the
15
contents
of
the
discussion
would
otherwise
be
governed
by
the
16
attorney-client
privilege.
The
bill
also
requires
notice
of
17
each
board
meeting
to
be
mailed
or
delivered
to
each
member
and
18
to
each
director
at
least
seven
days
before
the
meeting.
Each
19
notice
must
contain
the
date,
time,
place,
and
purpose
of
the
20
meeting.
Any
action
taken
by
a
board
at
a
meeting
that
is
in
21
violation
of
the
bill
is
not
valid
or
enforceable.
The
bill
22
defines
“homeowners’
association”
as
a
corporation
responsible
23
for
the
operation
of
an
area
of
real
property
comprised
24
of
land
and
buildings
used
primarily
for
human
habitation,
25
that
consists
of
parcel
owners
or
their
agents,
and
in
which
26
membership
in
the
corporation
is
a
mandatory
condition
of
27
parcel
ownership.
28
The
bill
provides
that
in
a
judicial
action,
the
homeowners’
29
association
board
has
the
burden
of
proving
that
the
30
requirements
relating
to
meetings
and
meeting
notices
have
been
31
met.
32
The
bill
provides
that
a
homeowners’
association
board
may
33
refuse
inspection
or
copying
of
a
record
or
a
portion
of
a
34
record
relating
to
the
personal
information
of
a
member
upon
35
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440
unanimous
vote
of
the
board,
unless
ordered
by
a
court.
1
The
bill
also
includes
similar
provisions
for
the
contents
2
of
meeting
notices,
burden
of
proof
requirements,
and
record
3
inspection
limitations
for
horizontal
property
regimes
under
4
Code
chapter
499B.
5
The
bill
applies
to
homeowners’
association
board
meetings
6
and
horizontal
property
regime
board
of
administration
meetings
7
occurring
on
or
after
July
8,
2011.
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