HF 2472 (LSB 2229HV (3) 83)

HOUSE FILE 2472

BY  COMMITTEE ON COMMERCE

(SUCCESSOR TO HF 430)

A BILL FOR

An Act relating to boards of administration for horizontal property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 499B.15, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  If the form of administration is a 

 board of administration, board meetings must be open to all 

 apartment owners except for meetings between the board and its 

 attorney with respect to proposed or pending litigation where 

 the contents of the discussion would otherwise be governed by 

 the attorney-client privilege. Notices of all board meetings 

 must be posted in a conspicuous place on the property at least 

 forty-eight hours in advance of a meeting. In the 

 alternative, if notice is not posted in a conspicuous place on 

 the property, notice of each board meeting must be mailed or 

 delivered to each apartment owner at least seven days before 

 the meeting. Minutes of meetings of the board of 

 administration must be maintained in written form or in 

 another form that can be converted into written form within a 

 reasonable time. The official records of the board of 

 administration must be open to inspection and available for 

 photocopying at reasonable times and places. Any action taken 

 by a board of administration at a meeting that is in violation 

 of any of the provisions of this subsection is not valid or 

 enforceable.
EXPLANATION
   This bill relates to boards of administration for 

 horizontal property.
   The bill provides a new requirement for bylaws that govern 

 horizontal property. The bill provides that the bylaws must 

 provide that if the form of administration is a board of 

 administration, board meetings must be open to all apartment 

 owners. Notices of all board meetings must be posted in a 

 conspicuous place on the property at least 48 hours in advance 

 of a meeting. In the alternative, if notice is not posted in 

 a conspicuous place on the property, notice of each board 

 meeting must be mailed or delivered to each apartment owner at 

 least seven days before the meeting. Minutes of meetings of 

 the board of administration must be maintained in written form 

 or in another form that can be converted into written form 

 within a reasonable time. The official records of the board 

 of administration must be open to inspection and available for 

 photocopying at reasonable times and places. Any action taken 

 by a board of administration at a meeting that is in violation 

 of any of these provisions is not valid or enforceable.