House File 430 - Introduced



                                       HOUSE FILE       
                                       BY  ISENHART


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to boards of administration for horizontal
  2    property.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2229YH 83
  5 tm/nh/5

PAG LIN



  1  1    Section 1.  Section 499B.15, Code 2009, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  1A.  If the form of administration is a
  1  4 board of administration, board meetings must be open to all
  1  5 apartment owners except for meetings between the board and its
  1  6 attorney with respect to proposed or pending litigation where
  1  7 the contents of the discussion would otherwise be governed by
  1  8 the attorney=client privilege.  Notices of all board meetings
  1  9 must be posted in a conspicuous place on the property at least
  1 10 forty=eight hours in advance of a meeting.  In the
  1 11 alternative, if notice is not posted in a conspicuous place on
  1 12 the property, notice of each board meeting must be mailed or
  1 13 delivered to each apartment owner at least seven days before
  1 14 the meeting.  Minutes of meetings of the board of
  1 15 administration must be maintained in written form or in
  1 16 another form that can be converted into written form within a
  1 17 reasonable time.  The official records of the board of
  1 18 administration must be open to inspection and available for
  1 19 photocopying at reasonable times and places.  Any action taken
  1 20 by a board of administration at a meeting that is in violation
  1 21 of any of the provisions of this subsection is not valid or
  1 22 enforceable.
  1 23                           EXPLANATION
  1 24    This bill relates to boards of administration for
  1 25 horizontal property.
  1 26    The bill provides a new requirement for bylaws that govern
  1 27 horizontal property.  The bill provides that the bylaws must
  1 28 provide that if the form of administration is a board of
  1 29 administration, board meetings must be open to all apartment
  1 30 owners.  Notices of all board meetings must be posted in a
  1 31 conspicuous place on the property at least 48 hours in advance
  1 32 of a meeting.  In the alternative, if notice is not posted in
  1 33 a conspicuous place on the property, notice of each board
  1 34 meeting must be mailed or delivered to each apartment owner at
  1 35 least seven days before the meeting.  Minutes of meetings of
  2  1 the board of administration must be maintained in written form
  2  2 or in another form that can be converted into written form
  2  3 within a reasonable time.  The official records of the board
  2  4 of administration must be open to inspection and available for
  2  5 photocopying at reasonable times and places.  Any action taken
  2  6 by a board of administration at a meeting that is in violation
  2  7 of any of these provisions is not valid or enforceable.
  2  8 LSB 2229YH 83
  2  9 tm/nh/5