Senate File 2028 - Introduced SENATE FILE 2028 BY JOCHUM (COMPANION TO HF 430) A BILL FOR An Act relating to boards of administration for horizontal 1 property. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5665XS (1) 83 tm/nh
S.F. 2028 Section 1. Section 499B.15, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. If the form of administration is a 3 board of administration, board meetings must be open to all 4 apartment owners except for meetings between the board and its 5 attorney with respect to proposed or pending litigation where 6 the contents of the discussion would otherwise be governed by 7 the attorney-client privilege. Notices of all board meetings 8 must be posted in a conspicuous place on the property at least 9 forty-eight hours in advance of a meeting. In the alternative, 10 if notice is not posted in a conspicuous place on the property, 11 notice of each board meeting must be mailed or delivered to 12 each apartment owner at least seven days before the meeting. 13 Minutes of meetings of the board of administration must be 14 maintained in written form or in another form that can be 15 converted into written form within a reasonable time. The 16 official records of the board of administration must be open to 17 inspection and available for photocopying at reasonable times 18 and places. Any action taken by a board of administration at a 19 meeting that is in violation of any of the provisions of this 20 subsection is not valid or enforceable. 21 EXPLANATION 22 This bill relates to boards of administration for horizontal 23 property. 24 The bill provides a new requirement for bylaws that govern 25 horizontal property. The bill provides that the bylaws must 26 provide that if the form of administration is a board of 27 administration, board meetings must be open to all apartment 28 owners. Notices of all board meetings must be posted in a 29 conspicuous place on the property at least 48 hours in advance 30 of a meeting. In the alternative, if notice is not posted 31 in a conspicuous place on the property, notice of each board 32 meeting must be mailed or delivered to each apartment owner 33 at least seven days before the meeting. Minutes of meetings 34 of the board of administration must be maintained in written 35 -1- LSB 5665XS (1) 83 tm/nh 1/ 2
S.F. 2028 form or in another form that can be converted into written form 1 within a reasonable time. The official records of the board 2 of administration must be open to inspection and available for 3 photocopying at reasonable times and places. Any action taken 4 by a board of administration at a meeting that is in violation 5 of any of these provisions is not valid or enforceable. 6 -2- LSB 5665XS (1) 83 tm/nh 2/ 2