House
Study
Bill
165
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ANDERSON)
A
BILL
FOR
An
Act
relating
to
the
operations
of
certain
common
interest
1
communities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1593HC
(2)
84
md/sc
H.F.
_____
DIVISION
I
1
UNIFORM
COMMON
INTEREST
OWNERSHIP
ACT
2
Section
1.
NEW
SECTION
.
499C.101
Title.
3
This
chapter
shall
be
known
and
cited
as
the
“Uniform
Common
4
Interest
Ownership
Act”
.
5
Sec.
2.
NEW
SECTION
.
499C.102
Public
policy.
6
The
general
assembly
declares
that
it
is
the
public
policy
of
7
the
state
that
the
management
and
affairs
of
common
interest
8
communities
be
conducted
openly,
and
this
chapter
shall
be
9
construed,
to
provide
open
access
to
the
management
of
the
10
common
interest
community
to
the
unit
owners.
11
Sec.
3.
NEW
SECTION
.
499C.103
Definitions.
12
As
used
in
this
chapter,
unless
the
context
otherwise
13
requires:
14
1.
“Assessment”
means
a
sum
attributable
to
each
unit
and
15
due
to
the
unit
owners
association
as
may
be
provided
in
a
16
declaration
or
in
the
bylaws.
17
2.
“Bylaws”
means
the
instruments,
however
denominated,
18
that
contain
the
procedures
for
conducting
the
affairs
of
the
19
unit
owners
association
or
the
executive
board
regardless
of
20
the
form
in
which
the
association
is
organized,
including
any
21
amendments
to
such
instruments.
22
3.
“Common
element”
means:
23
a.
For
a
cooperative
under
chapter
499A
or
a
horizontal
24
property
regime
under
chapter
499B,
all
portions
of
the
common
25
interest
community
other
than
the
units.
26
b.
For
a
planned
community,
any
real
estate
within
the
27
planned
community
which
is
owned
or
leased
by
the
unit
owners
28
association,
other
than
a
unit.
29
c.
For
all
common
interest
communities,
any
other
interests
30
in
real
estate
for
the
benefit
of
unit
owners
which
are
subject
31
to
the
declaration.
32
4.
“Common
expense
liability”
means
the
liability
for
common
33
expenses
allocated
to
each
unit
pursuant
to
a
declaration
or
34
bylaws.
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5.
“Common
expenses”
means
expenditures
made
by,
or
1
financial
liabilities
of,
the
unit
owners
association
or
the
2
executive
board,
together
with
any
allocations
to
reserves.
3
6.
a.
“Common
interest
community”
means
real
estate
4
described
in
a
declaration
with
respect
to
which
a
person,
5
by
virtue
of
the
person’s
ownership
of
a
unit,
is
obligated
6
to
pay
for
a
share
of
real
estate
taxes,
insurance
premiums,
7
maintenance,
or
improvement
of,
or
services
or
other
expenses
8
related
to,
common
elements,
other
units,
or
other
real
estate
9
described
in
the
declaration.
“Common
interest
community”
10
includes
a
cooperative
under
chapter
499A
and
a
horizontal
11
property
regime
under
chapter
499B.
12
b.
Common
interest
community
does
not
include:
13
(1)
A
covenant
that
requires
the
owners
of
separate
parcels
14
of
real
estate
to
share
costs
or
other
obligations
related
to
a
15
wall,
driveway,
well,
or
other
similar
structure,
unless
all
16
such
owners
consent
in
writing
to
the
creation
of
a
common
17
interest
community.
18
(2)
Real
estate
described
in
paragraph
“a”
if
all
units
are
19
owned
by
a
single
unit
owner.
20
7.
“Declarant”
means
any
person
or
group
of
persons
who,
21
as
the
record
title
owner
of
real
estate,
by
a
declaration,
22
initially
creates
a
common
interest
community.
23
8.
“Declaration”
means
the
instrument,
however
denominated,
24
that
creates
a
common
interest
community,
including
any
25
amendments
to
the
instrument.
26
9.
“Executive
board”
means
the
body,
regardless
of
name,
27
designated
in
the
declaration
or
bylaws
to
act
on
behalf
of
the
28
unit
owners
association.
29
10.
“Planned
community”
means
a
common
interest
community
30
that
is
not
a
cooperative
under
chapter
499A
or
a
horizontal
31
property
regime
under
chapter
499B,
and
includes
property
32
owner
or
homeowner
associations.
However,
a
cooperative
under
33
chapter
499A
or
a
horizontal
property
regime
under
chapter
499B
34
may
be
part
of
a
planned
community.
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11.
“Rule”
means
a
policy,
guideline,
restriction,
1
procedure,
or
regulation,
however
denominated,
which
is
not
set
2
forth
in
the
declaration
or
bylaws.
3
12.
“Unit”
means
a
physical
portion
of
the
common
interest
4
community
designated
for
separate
ownership
or
occupancy
or
5
as
otherwise
defined
in
the
statute
under
which
the
common
6
interest
community
is
organized.
7
13.
“Unit
owner”
means
a
declarant
or
other
person
that
owns
8
a
unit,
but
does
not
include
a
person
having
an
interest
in
a
9
unit
solely
as
security
for
an
obligation.
In
a
horizontal
10
property
regime
under
chapter
499B
or
a
planned
community,
the
11
declarant
is
the
owner
of
any
unit
created
by
the
declaration.
12
In
a
cooperative
under
chapter
499A,
the
declarant
is
the
owner
13
of
any
unit
to
which
an
interest
has
been
allocated
until
that
14
unit
has
been
conveyed
to
another
person.
15
14.
“Unit
owners
association”
means
a
unit
owners
16
association
organized
under
section
499C.201.
17
Sec.
4.
NEW
SECTION
.
499C.104
Variation
by
agreement.
18
Except
as
expressly
provided
in
this
chapter,
the
provisions
19
of
this
chapter
may
not
be
varied
by
agreement,
and
rights
20
conferred
by
it
may
not
be
waived.
21
Sec.
5.
NEW
SECTION
.
499C.105
Applicability.
22
Unless
otherwise
provided
by
law:
23
1.
This
chapter
applies
to
all
common
interest
communities
24
established
within
this
state
on
or
after
July
1,
2011.
25
2.
This
chapter
does
not
apply
to
common
interest
26
communities
of
three
or
fewer
units.
27
3.
Sections
499C.301,
499C.302,
499C.401,
499C.402,
28
499C.403,
and
499C.501
apply
to
common
interest
communities
29
established
before
July
1,
2011.
Any
portion
of
a
declaration,
30
bylaws,
covenant,
or
other
contractual
provision
existing
prior
31
to
July
1,
2011,
that
violates
section
499C.301,
499C.302,
32
499C.401,
499C.402,
or
499C.403
is
not
enforceable.
However,
33
nothing
in
this
chapter
shall
be
construed
to
invalidate
other
34
provisions
of
the
declaration,
bylaws,
plats,
or
plans
of
those
35
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common
interest
communities
established
before
July
1,
2011.
1
Sec.
6.
NEW
SECTION
.
499C.201
Unit
owners
association.
2
1.
A
unit
owners
association
shall
be
organized
not
later
3
than
the
date
the
first
unit
in
the
common
interest
community
4
is
conveyed.
5
2.
Membership
of
a
unit
owners
association
shall
at
all
6
times
consist
exclusively
of
all
unit
owners
except
following
7
termination
of
the
common
interest
community,
at
which
time
8
the
unit
owners
association
shall
consist
of
all
former
unit
9
owners
entitled
to
distributions
of
proceeds
or
their
heirs,
10
successors,
or
assigns.
11
3.
A
unit
owners
association
shall
have
an
executive
board.
12
4.
A
unit
owners
association
shall
be
organized
as
a
13
profit
or
nonprofit
corporation,
trust,
limited
liability
14
company,
partnership,
unincorporated
association,
or
any
other
15
form
of
organization
authorized
by
the
law
of
this
state.
16
The
requirements
of
this
chapter
relating
to
a
unit
owners
17
association
shall
preempt
any
conflicting
provision
of
the
18
statute
under
which
the
unit
owner
association
is
organized.
19
Sec.
7.
NEW
SECTION
.
499C.202
Unit
owners
association
——
20
powers
and
duties.
21
1.
Except
as
otherwise
provided
in
this
chapter,
a
unit
22
owners
association
shall
do
all
of
the
following:
23
a.
Adopt
bylaws
which
may
be
amended
subject
to
the
24
provisions
of
section
499C.301.
25
b.
Adopt
budgets,
collect
assessments
for
common
expenses
26
from
unit
owners,
and
invest
funds
of
the
association,
if
27
applicable.
28
2.
Unless
otherwise
limited
by
a
declaration
or
bylaws,
a
29
unit
owners
association
shall
have
authority
to
do
any
of
the
30
following:
31
a.
Adopt
and
amend
rules
for
operation
of
the
unit
owners
32
association.
33
b.
Hire,
employ,
and
discharge
employees,
agents,
and
34
independent
contractors.
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c.
Institute,
defend,
or
intervene
in
litigation,
1
arbitration,
mediation,
or
administrative
proceedings
on
behalf
2
of
the
unit
owners
association
or
for
two
or
more
unit
owners
3
on
matters
affecting
the
common
interest
community.
4
d.
Make
contracts
and
incur
liabilities.
5
e.
Regulate
the
use,
maintenance,
repair,
replacement,
and
6
modification
of
common
elements.
7
f.
Cause
additional
improvements
to
be
made
to
the
common
8
elements
of
the
common
interest
community.
9
g.
Acquire,
hold,
encumber,
and
convey
any
right,
title,
or
10
interest
to
real
estate
or
personal
property.
11
h.
Grant
easements,
leases,
licenses,
and
concessions
12
through
or
over
the
common
elements
of
the
common
interest
13
community.
14
i.
Impose
and
receive
any
payments,
fees,
or
charges
for
the
15
use,
rental,
or
operation
of
the
common
elements,
other
than
16
limited
common
elements
as
defined
in
section
499B.2,
and
for
17
services
provided
to
unit
owners.
18
j.
Impose
charges
for
late
payment
of
assessments
and,
19
after
notice
and
an
opportunity
to
be
heard,
impose
reasonable
20
monetary
penalties
for
violations
of
the
declaration,
bylaws,
21
and
rules
of
the
association.
22
k.
Impose
reasonable
charges
for
the
preparation
and
23
recording
of
statements
of
unpaid
assessments.
24
l.
Provide
for
the
indemnification
of
its
officers
and
25
executive
board,
including
maintenance
of
liability
insurance
26
for
directors
and
officers
of
the
unit
owners
association.
27
m.
Assign
its
right
to
future
income,
including
the
right
28
to
receive
assessments.
29
n.
Exercise
powers
conferred
by
the
declaration
or
bylaws.
30
o.
Exercise
all
other
powers
that
may
be
exercised
in
this
31
state
by
organizations
of
the
same
type
as
the
unit
owners
32
association.
33
p.
Suspend
any
right
or
privilege
of
a
unit
owner
who
fails
34
to
pay
an
assessment.
The
unit
owners
association
shall
not,
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however,
deny
a
unit
owner
or
other
occupant
access
to
the
1
owner’s
unit,
suspend
a
unit
owner’s
right
to
vote,
prevent
a
2
unit
owner
from
seeking
election
as
a
director
or
officer
of
3
the
association,
or
withhold
services
provided
to
a
unit
or
a
4
unit
owner
by
the
association
if
the
effect
of
withholding
the
5
service
would
be
to
endanger
the
health,
safety,
or
property
6
of
any
person.
7
q.
Exercise
any
other
powers
necessary
and
proper
for
the
8
governance
and
operation
of
the
association.
9
3.
If
a
tenant
of
a
unit
owner
violates
the
declaration,
10
bylaws,
or
rules
of
the
association,
in
addition
to
exercising
11
any
of
its
powers
against
the
unit
owner,
the
association
may
12
do
any
of
the
following:
13
a.
Exercise
the
powers
described
in
subsection
2,
paragraph
14
“j”
,
against
the
offending
tenant.
15
b.
After
giving
notice
to
the
tenant
and
the
unit
owner
16
and
providing
each
an
opportunity
to
be
heard,
levy
reasonable
17
monetary
penalties
against
the
tenant
for
the
violation.
18
c.
Take
other
action
against
the
tenant
for
the
violation
in
19
the
same
manner
as
the
unit
owner,
acting
as
landlord,
could
20
have
exercised
under
the
lease
or
in
the
manner
that
the
unit
21
owners
association
could
lawfully
have
taken
action
directly
22
against
the
unit
owner,
or
both.
Action
under
this
paragraph
23
may
only
be
taken
if
the
tenant
or
unit
owner
fails
to
remedy
24
the
violation
within
ten
days
after
notification
by
the
unit
25
owners
association
of
the
violation.
26
4.
Unless
a
lease
of
a
unit
otherwise
provides,
this
section
27
does
not
do
any
of
the
following:
28
a.
Affect
rights
that
the
unit
owner
possesses
to
enforce
29
the
lease
or
that
the
unit
owners
association
has
under
other
30
provisions
of
law.
31
b.
In
the
absence
of
a
violation
of
the
declaration,
bylaws,
32
or
rules,
authorize
the
unit
owners
association
to
enforce
a
33
lease
to
which
the
unit
owners
association
is
not
a
party.
34
5.
An
executive
board
may
determine
whether
to
exercise
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the
association’s
power
to
impose
sanctions
or
commence
an
1
action
for
a
violation
of
the
declaration,
bylaws,
or
rules,
2
including
whether
to
settle
any
claim
for
unpaid
assessments
or
3
other
claim
made
by
or
against
the
unit
owners
association.
An
4
executive
board
does
not
have
a
duty
to
take
enforcement
action
5
if
the
executive
board
determines,
following
consideration
of
6
the
facts
and
circumstances
presented,
any
of
the
following:
7
a.
The
association’s
legal
position
does
not
justify
taking
8
any
or
further
enforcement
action.
9
b.
The
covenant,
restriction,
or
rule
being
enforced
is,
or
10
is
likely
to
be
construed
as,
inconsistent
with
law.
11
c.
Despite
the
existence
of
a
violation,
the
violation
is
12
nonmaterial
and
does
not
justify
expenditure
of
the
unit
owners
13
association
resources.
14
d.
It
is
not
in
the
unit
owners
association’s
best
interests
15
to
pursue
an
enforcement
action.
16
6.
The
failure
of
an
executive
board
to
take
action
pursuant
17
to
subsection
5
shall
not
prevent
the
executive
board
from
18
taking
enforcement
action
under
a
similar
set
of
circumstances
19
or
facts.
The
authority
of
an
executive
board
to
take
action
20
under
this
chapter
shall
not,
however,
be
exercised
in
a
21
arbitrary
or
capricious
manner.
22
Sec.
8.
NEW
SECTION
.
499C.203
Executive
board.
23
1.
Except
as
otherwise
provided
in
the
declaration,
the
24
bylaws,
subsection
2,
or
provisions
of
the
statute
under
which
25
the
common
interest
community
is
organized,
an
executive
26
board
acts
on
behalf
of
the
unit
owners
association.
In
27
the
performance
of
their
duties,
officers
and
members
of
the
28
executive
board
appointed
by
the
declarant
shall
exercise
the
29
degree
of
care
and
loyalty
to
the
unit
owners
association
30
required
of
a
trustee.
Officers
and
members
of
an
executive
31
board
not
appointed
by
the
declarant
shall
exercise
the
degree
32
of
care
and
loyalty
to
the
unit
owners
association
required
33
of
an
officer
or
director
of
a
corporation
organized
under
34
chapter
504,
and
such
officers
and
members
are
subject
to
the
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conflict
of
interest
rules
governing
directors
and
officers
1
under
chapter
504.
2
2.
An
executive
board
shall
not
act
on
behalf
of
the
unit
3
owners
association
to
amend
the
declaration,
to
terminate
the
4
common
interest
community,
to
elect
members
of
the
executive
5
board,
or
determine
the
qualifications,
powers
and
duties,
or
6
terms
of
office
of
executive
board
members.
An
executive
board
7
may
fill
vacancies
in
its
membership
for
the
unexpired
portion
8
of
any
term.
9
3.
a.
Subject
to
subsection
4,
the
declaration
may
10
provide
for
a
period
of
declarant
control
of
the
unit
owners
11
association,
during
which
a
declarant,
or
persons
designated
by
12
the
declarant,
may
appoint
and
remove
the
officers
and
members
13
of
the
executive
board.
In
no
case,
however,
shall
a
period
of
14
declarant
control
continue
upon
the
occurrence
of
any
of
the
15
following:
16
(1)
Sixty
days
after
the
conveyance
of
seventy-five
percent
17
of
all
units
in
the
common
interest
community
to
unit
owners
18
other
than
a
declarant;
19
(2)
Two
years
after
all
declarants
have
ceased
to
offer
20
units
for
sale
in
the
ordinary
course
of
business.
21
(3)
Two
years
after
the
addition
of
any
number
of
new
units
22
to
the
common
interest
community.
23
(4)
The
date
the
declarant,
after
giving
written
notice
24
to
all
unit
owners,
records
an
instrument
voluntarily
25
surrendering
all
rights
to
control
activities
of
the
unit
26
owners
association.
27
b.
A
declarant
may
voluntarily
surrender
the
right
to
28
appoint
and
remove
officers
and
members
of
the
executive
board
29
before
termination
of
the
period
under
paragraph
“a”
.
However,
30
the
declarant
may
retain,
for
the
duration
of
the
period
of
31
declarant
control,
approval
authority
for
specified
actions
of
32
the
unit
owners
association
or
executive
board,
as
described
in
33
a
recorded
instrument
executed
by
the
declarant.
34
4.
a.
Not
later
than
sixty
days
after
conveyance
of
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twenty-five
percent
of
the
units
to
unit
owners
other
than
a
1
declarant,
at
least
one
member
and
not
less
than
twenty-five
2
percent
of
the
members
of
the
executive
board
must
be
elected
3
by
unit
owners
other
than
the
declarant.
4
b.
Not
later
than
sixty
days
after
conveyance
of
fifty
5
percent
of
the
units
to
unit
owners
other
than
a
declarant,
not
6
less
than
one-third
of
the
members
of
the
executive
board
must
7
be
elected
by
unit
owners
other
than
the
declarant.
8
5.
Following
the
termination
of
any
period
of
declarant
9
control
under
this
section,
the
unit
owners
shall
elect
an
10
executive
board
of
at
least
three
members,
at
least
a
majority
11
of
whom
must
be
unit
owners.
The
executive
board
members
shall
12
elect
officers
of
the
executive
board.
The
executive
board
13
members
and
officers
shall
take
office
upon
election.
This
14
subsection
shall
not
apply
to
a
common
interest
community
if
15
all
the
units
of
the
community
are
owned
by
one
owner.
16
6.
Notwithstanding
any
provision
of
the
declaration
or
17
bylaws
to
the
contrary,
the
unit
owners,
by
a
two-thirds
vote
18
of
all
persons
present
and
entitled
to
vote
at
any
meeting
of
19
the
unit
owners
at
which
a
quorum
is
present,
may
remove
any
20
member
of
the
executive
board
with
or
without
cause,
other
than
21
a
member
appointed
by
the
declarant.
22
Sec.
9.
NEW
SECTION
.
499C.301
Amendments
to
governing
23
instruments.
24
1.
Except
as
otherwise
provided
in
this
section:
25
a.
The
declaration,
bylaws,
or
plans
of
a
common
interest
26
community
established
before
July
1,
2011,
may
be
amended
upon
27
approval
of
two-thirds
of
the
unit
owners
or
as
otherwise
28
provided
in
the
declaration
or
bylaws.
29
b.
The
declaration,
bylaws,
or
plans
of
a
common
interest
30
community
created
on
or
after
July
1,
2011,
may
be
amended
by
31
two-thirds
of
the
unit
owners
unless
the
declaration
or
bylaws
32
expressly
require
a
greater
or
lesser
percentage.
33
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
a
34
declaration
may
expressly
reserve
authority
to
the
executive
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board,
with
or
without
the
consent
of
unit
owners,
to
amend
the
1
declaration,
bylaws,
or
plans
of
a
common
interest
community
to
2
add
land,
buildings,
or
both.
3
3.
a.
Following
adoption
of
an
amendment
to
a
declaration,
4
bylaws,
or
plans,
the
amendment
or
a
copy
of
the
amended
5
declaration,
bylaws,
or
plan
shall
be
recorded
with
the
county
6
recorder
of
the
county
where
the
property
is
located.
7
b.
An
amendment
may
be
recorded
on
behalf
of
the
required
8
number
of
unit
owners
by
the
officers
of
the
association
if
the
9
officers
verify
under
oath
that
the
proceedings
to
approve
the
10
amendment
satisfied
the
requirements
of
this
chapter.
11
4.
An
amendment
to
a
declaration,
the
bylaws,
or
plans
to
12
prohibit
or
materially
restrict
the
permitted
uses
of
a
unit,
13
the
permitted
uses
of
a
common
element,
or
the
number
or
other
14
qualifications
of
persons
who
may
occupy
units
shall
only
be
15
approved
upon
the
affirmative
vote
of
unit
owners
equal
in
16
number
to
at
least
eighty
percent
of
the
total
unit
owner
votes
17
in
the
association,
unless
the
declaration
requires
a
larger
18
percentage.
An
amendment
approved
under
this
subsection
shall
19
provide
reasonable
protection
for
a
use
or
occupancy
permitted
20
prior
to
adoption
of
the
amendment.
21
5.
a.
If
a
declaration,
the
bylaws,
or
a
plan
requires
22
the
consent
of
a
holder
of
a
security
interest
in
a
unit
as
a
23
condition
to
the
adoption
or
implementation
of
an
amendment,
24
consent
is
deemed
provided
if
a
written
refusal
to
consent
25
is
not
received
by
the
association
within
sixty
days
after
26
the
association
delivers
notice
of
the
proposed
amendment
to
27
the
holder
of
the
security
interest
at
an
address
provided
by
28
the
holder
or
after
the
association
mails
the
notice
of
the
29
proposed
amendment
to
the
holder
by
certified
mail,
return
30
receipt
requested,
at
the
address
provided.
If
the
holder
of
31
a
security
interest
has
not
provided
to
the
association
an
32
address
for
notice,
the
association
shall
provide
notice
to
the
33
address
in
the
security
interest
of
record,
if
available.
34
b.
Notwithstanding
any
provision
of
this
section
to
the
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contrary,
an
amendment
to
the
declaration,
bylaws,
or
plans
1
that
affects
the
priority
of
a
holder’s
security
interest
or
2
the
ability
of
a
holder
to
foreclose
a
security
interest
may
3
not
be
adopted
without
the
security
holder’s
written
consent
if
4
the
declaration,
bylaws,
or
plans
requires
that
consent
as
a
5
condition
to
the
adoption
or
implementation
of
the
amendment.
6
6.
If
a
declaration
requires
that
amendments,
including
7
amendments
under
subsection
4,
to
the
declaration,
bylaws,
or
8
plans
be
adopted
only
upon
the
affirmative
vote
of
unit
owners
9
equal
in
number
to
at
least
eighty
percent
of
the
total
unit
10
owner
votes
in
the
association,
the
amendment
is
approved
if
11
one
of
the
following
is
met:
12
a.
A
number
of
unit
owners
comprising
at
least
eighty
13
percent
of
the
total
unit
owner
votes
in
the
association
votes
14
affirmatively
for
the
proposed
amendment,
no
owner
votes
15
against
the
proposed
amendment,
all
required
notices
of
the
16
proposed
amendment
are
delivered
to
each
unit
owner
as
required
17
under
this
chapter,
and
the
association
does
not
receive
a
18
written
objection
to
the
proposed
amendment
within
sixty
days
19
after
delivery
of
the
notice.
20
b.
A
number
of
unit
owners
comprising
at
least
eighty
21
percent
of
the
total
unit
owner
votes
in
the
unit
owners
22
association
votes
affirmatively
for
the
proposed
amendment
23
unit,
one
or
more
owner
votes
against
the
proposed
amendment,
24
and
pursuant
to
an
action
brought
by
the
association
in
the
25
district
court
of
the
county
where
the
property
is
located
26
against
all
objecting
unit
owners,
the
court
finds
that
the
27
objecting
unit
owners
do
not
have
an
interest
different
in
kind
28
from
the
interests
of
the
other
unit
owners
that
the
voting
29
requirement
of
the
declaration,
bylaws,
or
plans
was
intended
30
to
protect.
31
7.
An
action
challenging
the
validity
of
an
amendment
32
adopted
pursuant
to
this
chapter
shall
not
be
brought
more
than
33
one
year
after
the
amendment
is
recorded.
34
Sec.
10.
NEW
SECTION
.
499C.302
Rules.
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1.
Unless
otherwise
limited
by
a
declaration
or
bylaws,
an
1
executive
board
may
adopt
and
amend
rules
for
the
operation
2
of
the
executive
board
or
other
matters
authorized
in
the
3
declaration
or
bylaws.
Before
adopting,
amending,
or
repealing
4
a
rule,
the
executive
board
shall
give
each
unit
owner
a
notice
5
that
states
the
executive
board’s
intention
to
adopt,
amend,
6
or
repeal
a
rule,
provides
the
text
of
the
rule
or
the
proposed
7
change,
and
states
the
date
the
executive
board
intends
to
act
8
on
the
proposed
rule
or
amendment
following
consideration
of
9
comments
from
unit
owners.
10
2.
A
unit
owners
association
may
adopt
rules
to
establish
11
and
enforce
construction
and
design
criteria
and
aesthetic
12
standards
if
the
declaration
so
provides.
In
accordance
13
with
the
declaration,
a
unit
owners
association
shall
adopt
14
procedures
for
enforcement
of
those
standards
and
for
approval
15
of
construction
applications,
including
a
timeline
within
which
16
the
unit
owners
association
must
act
on
an
application
and
the
17
consequences
of
a
unit
owners
association’s
failure
to
act.
18
3.
Following
adoption,
amendment,
or
repeal
of
a
rule,
the
19
officers
of
the
unit
owners
association
or
executive
board,
20
as
applicable,
shall
notify
each
unit
owner
of
the
action
and
21
provide
a
copy
of
any
new
or
revised
rule.
22
4.
A
rule
regulating
display
of
the
flag
of
the
United
23
States
shall
be
consistent
with
federal
law.
A
unit
owners
24
association
shall
not
prohibit
on
a
unit
or
on
a
limited
25
common
element,
as
defined
in
section
499B.2,
adjoining
a
unit
26
the
display
of
the
flag
of
this
state,
or
signs
regarding
27
candidates
for
public
office
or
unit
owners
association
28
office
or
public
measures,
but
the
association
may
adopt
rules
29
governing
the
time,
place,
size,
number,
and
manner
of
those
30
displays.
31
5.
Unit
owners
may
peacefully
assemble
on
common
elements
to
32
consider
matters
related
to
the
common
interest
community,
but
33
the
unit
owners
association
may
adopt
rules
governing
the
time,
34
place,
and
manner
of
such
assemblies.
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6.
A
unit
owners
association
may
adopt
rules
that
restrict
1
the
use
of
unit
or
behavior
within
units
that
may
be
used
for
2
residential
purposes,
but
only
to
do
the
following:
3
a.
Implement
a
provision
of
the
declaration.
4
b.
Regulate
a
behavior
in
or
the
occupancy
of
a
unit
that
5
violates
the
declaration
or
adversely
affects
the
use
and
6
enjoyment
of
other
units
or
the
common
elements
by
other
unit
7
owners.
8
c.
Restrict
the
leasing
of
residential
units
to
the
9
extent
the
rules
are
reasonably
designed
to
meet
underwriting
10
requirements
of
institutional
lenders
that
regularly
make
11
loans
secured
by
first
mortgages
on
units
in
common
interest
12
communities
or
regularly
purchase
such
mortgages.
13
7.
A
unit
owners
association’s
internal
business
operating
14
procedures
are
exempt
from
the
requirements
of
this
section.
15
8.
Each
rule
adopted
by
a
unit
owners
association
or
16
executive
board
shall
be
reasonable
in
nature
and
scope.
17
Sec.
11.
NEW
SECTION
.
499C.401
Meetings.
18
1.
Meetings
of
a
unit
owners
association,
whether
such
19
association
is
incorporated
or
unincorporated,
shall
comply
20
with
all
of
the
following:
21
a.
A
unit
owners
association
shall
hold
a
meeting
of
22
unit
owners
annually
at
a
time,
date,
and
place
stated
in
or
23
determined
in
accordance
with
the
declaration
or
bylaws.
24
b.
A
unit
owners
association
shall
hold
a
special
meeting
25
of
unit
owners
to
address
any
matter
affecting
the
unit
owners
26
association
if
the
association’s
president,
a
majority
of
the
27
executive
board,
or
an
amount
of
unit
owners
comprising
at
28
least
twenty
percent
of
all
votes
in
the
association,
unless
a
29
different
percentage
is
specified
in
the
bylaws,
request
that
30
the
secretary
call
the
meeting.
If
the
unit
owners
association
31
does
not
notify
unit
owners
of
a
special
meeting
within
thirty
32
days
after
the
required
number
of
unit
owners
has
requested
the
33
secretary
to
call
a
special
meeting,
the
requesting
members
may
34
directly
notify
all
unit
owners
of
the
meeting.
Only
matters
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described
in
the
meeting
notice
may
be
considered
at
a
special
1
meeting.
2
c.
A
unit
owners
association
shall
notify
each
unit
owner
3
of
the
time,
date,
and
place
of
each
annual
and
special
unit
4
owners
meeting
not
less
than
ten
days
and
not
more
than
sixty
5
days
before
the
meeting
date.
Notice
may
be
by
any
means
6
described
in
section
499C.403.
Each
meeting
notice
shall
state
7
the
time,
date,
and
place
of
the
meeting
and
the
items
on
the
8
agenda,
including
but
not
limited
to:
9
(1)
A
statement
of
the
general
nature
of
any
proposed
10
amendment
to
the
declaration
or
bylaws.
11
(2)
A
statement
describing
any
budget
changes.
12
(3)
Any
proposal
to
remove
an
officer
or
member
of
the
13
executive
board.
14
d.
The
requirements
relating
to
the
timing
of
meeting
15
notices
under
paragraph
“c”
may
be
reduced
or
waived
for
a
16
meeting
called
to
address
an
emergency.
A
meeting
called
to
17
address
an
emergency
shall
be
limited
to
matters
arising
out
of
18
the
emergency.
The
decision
of
an
officer
of
the
unit
owners
19
association
to
convene
a
meeting
for
an
emergency
shall
be
20
ratified
by
a
majority
of
unit
owners
required
by
the
bylaws
to
21
conduct
the
business
of
the
unit
owners
association.
22
e.
Each
unit
owner
shall
be
given
a
reasonable
opportunity
23
at
any
meeting
to
comment
on
any
matter
affecting
the
common
24
interest
community
or
the
unit
owners
association.
25
f.
The
declaration
or
bylaws
may
allow
for
meetings
of
26
unit
owners
to
be
conducted
by
telephonic,
video,
or
other
27
conferencing
method,
if
such
method
is
consistent
with
28
subsection
2,
paragraph
“g”
.
29
2.
Meetings
of
the
executive
board
and
committees
of
the
30
unit
owners
association,
authorized
to
act
for
the
unit
owners
31
association,
shall
comply
with
all
of
the
following:
32
a.
Meetings
shall
be
open
to
the
unit
owners
except
during
33
executive
sessions.
The
executive
board
and
committees
of
34
the
unit
owners
association
may
hold
an
executive
session
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only
during
a
regular
or
special
meeting
of
the
board
or
the
1
committee.
No
final
vote
or
action
may
be
taken
during
an
2
executive
session.
An
executive
session
may
only
be
held
for
3
the
following
reasons:
4
(1)
To
consult
with
the
unit
owners
association’s
attorney
5
concerning
legal
matters
governed
by
attorney-client
privilege.
6
(2)
To
discuss
existing
or
potential
litigation
or
7
mediation,
arbitration,
or
administrative
proceedings.
8
(3)
To
discuss
labor
or
personnel
matters.
9
(4)
To
discuss
contracts,
leases,
and
other
commercial
10
transactions
for
goods
or
services
that
are
under
negotiation,
11
including
the
review
of
bids
or
proposals,
if
public
disclosure
12
of
such
matters
would
place
the
unit
owners
association
at
a
13
disadvantage.
14
(5)
To
prevent
public
knowledge
of
a
matter
if
the
executive
15
board
or
the
committee
determines
that
public
disclosure
would
16
violate
the
privacy
of
any
person.
17
b.
For
purposes
of
this
section,
a
gathering
of
board
18
members
at
which
the
board
members
do
not
conduct
unit
owners
19
association
business
is
not
a
meeting
of
the
executive
board.
20
Executive
board
members
shall
not
use
incidental
or
social
21
gatherings
of
board
members
or
any
other
method
to
evade
the
22
meeting
and
notice
requirements
of
this
section.
23
c.
During
a
period
of
declarant
control,
the
executive
board
24
shall
meet
at
least
four
times
a
year.
At
least
one
of
the
25
meetings
shall
be
held
at
the
common
interest
community
or
at
26
a
place
convenient
to
the
unit
owners
of
the
common
interest
27
community.
After
termination
of
the
period
of
declarant
28
control,
all
executive
board
meetings
shall
be
at
the
common
29
interest
community
or
at
a
place
convenient
to
the
unit
owners
30
of
the
common
interest
community
unless
the
unit
owners
amend
31
the
bylaws
to
vary
the
location
of
such
meetings.
32
d.
At
each
executive
board
meeting,
the
executive
board
33
shall
provide
a
reasonable
opportunity
for
unit
owners
to
34
comment
on
any
matter
affecting
the
common
interest
community
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and
the
unit
owners
association.
1
e.
Unless
the
meeting
is
included
in
a
schedule
given
to
the
2
unit
owners
or
the
meeting
is
called
to
address
an
emergency,
3
the
secretary
or
other
officer
specified
in
the
bylaws
shall
4
give
notice
of
each
executive
board
meeting
to
each
executive
5
board
member
and
to
each
unit
owner.
Such
notice
shall
be
6
given
at
least
ten
days
before
the
meeting
and
shall
state
the
7
time,
date,
place,
and
agenda
of
the
meeting.
8
f.
If
any
materials
are
distributed
to
the
executive
board
9
before
a
meeting,
the
executive
board,
upon
receipt
of
the
10
materials,
shall
make
copies
reasonably
available
to
unit
11
owners,
except
that
the
executive
board
is
not
required
to
make
12
available
copies
of
unapproved
minutes
or
materials
that
are
to
13
be
considered
during
an
executive
session.
14
g.
Unless
otherwise
provided
in
the
declaration
or
bylaws,
15
the
executive
board
may
conduct
a
meeting
by
telephonic,
video,
16
or
other
conferencing
method
if
all
of
the
following
conditions
17
are
met:
18
(1)
The
meeting
notice
states
the
conferencing
method
to
19
be
used
and
provides
information
explaining
how
unit
owners
20
may
participate
in
the
conference
directly
or
by
meeting
at
a
21
central
location
or
conference
connection.
22
(2)
The
process
provides
all
unit
owners
the
opportunity
23
to
hear
or
perceive
the
discussion
and
to
comment
on
matters
24
before
the
executive
board.
25
h.
Following
termination
of
the
period
of
declarant
control,
26
unit
owners
may
amend
the
bylaws
to
vary
the
procedures
for
27
meetings
described
in
paragraph
“g”
.
28
i.
In
lieu
of
a
meeting,
the
executive
board
may
act
by
29
unanimous
consent
if
such
action
is
documented
in
a
record
30
authenticated
by
all
executive
board
members.
The
secretary
31
shall
give
prompt
notice
to
all
unit
owners
of
any
action
32
taken
by
unanimous
consent.
After
termination
of
the
period
33
of
declarant
control,
an
executive
board
may
act
by
unanimous
34
consent
only
to
undertake
ministerial
actions
or
to
implement
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actions
previously
taken
at
a
meeting
of
the
executive
board.
1
j.
Unless
otherwise
restricted
by
this
chapter
or
the
common
2
interest
community’s
bylaws,
an
executive
board
may
determine
3
rules
of
procedure
for
the
executive
board.
4
k.
An
executive
board
may
remove
any
person
from
a
meeting
5
of
the
executive
board
upon
a
finding
by
a
majority
of
the
6
board
members
that
the
person
is
being
disruptive
to
the
7
meeting.
An
executive
board
may
bar
any
person
from
meetings
8
of
the
executive
board
or
other
meetings
of
the
common
interest
9
community
for
a
period
of
up
to
one
year
if
the
person
has
10
been
twice
removed
from
a
meeting
within
the
preceding
twelve
11
months.
12
l.
An
action
by
an
executive
board
that
is
not
in
compliance
13
with
this
section
is
valid
unless
invalidated
by
a
court.
A
14
challenge
to
the
validity
of
an
action
of
the
executive
board
15
for
failure
to
comply
with
this
section
shall
not
be
brought
16
more
than
sixty
days
after
the
minutes
of
the
executive
board
17
of
the
meeting
at
which
the
action
was
taken
are
approved
18
or
the
record
of
that
action
is
distributed
to
unit
owners,
19
whichever
is
later.
20
Sec.
12.
NEW
SECTION
.
499C.402
Association
records.
21
1.
A
unit
owners
association
shall
retain
all
of
the
22
following:
23
a.
Detailed
records
of
receipts
and
expenditures
relating
to
24
the
operation
and
administration
of
the
unit
owners
association
25
and
other
appropriate
accounting
records.
26
b.
Minutes
of
all
unit
owners
meetings
and
executive
board
27
meetings
other
than
executive
sessions,
a
record
of
all
actions
28
taken
by
the
unit
owners
or
the
executive
board
without
a
29
meeting,
and
a
record
of
all
actions
taken
by
a
committee
in
30
place
of
the
executive
board
on
behalf
of
the
unit
owners
31
association.
32
c.
The
names
of
all
unit
owners
in
a
form
that
permits
33
preparation
of
a
list
of
the
names
of
all
owners
and
the
34
addresses
at
which
the
unit
owners
association
communicates
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with
them,
the
records
shall
indicate
the
number
of
votes
each
1
unit
owner
is
entitled
to
cast.
2
d.
The
unit
owners
association’s
original
and
amended
3
organizational
documents,
bylaws
including
all
amendments
to
4
the
bylaws,
and
all
rules
of
the
common
interest
community
5
currently
in
effect.
6
e.
All
financial
statements
and
tax
returns
of
the
unit
7
owners
association
for
the
past
three
years.
8
f.
A
list
of
the
names
and
addresses
of
the
current
9
executive
board
members
and
officers.
10
g.
The
unit
association’s
most
recent
annual
report
11
delivered
to
the
secretary
of
state,
if
applicable.
12
h.
Copies
of
each
contract
to
which
the
unit
owners
13
association
is
currently
a
party.
14
i.
Records
of
executive
board
or
committee
actions
relating
15
to
requests
for
design
or
architectural
approval
from
unit
16
owners.
17
j.
Ballots,
proxies,
and
other
records
related
to
voting
by
18
unit
owners
for
one
year
after
the
election,
action,
or
vote.
19
2.
Except
as
provided
under
subsections
3
and
4,
all
records
20
retained
by
a
unit
owners
association
must
be
available
for
21
examination
and
copying
by
a
unit
owner
or
the
unit
owner’s
22
authorized
agent
during
reasonable
business
hours
or
at
a
23
mutually
convenient
time
and
location
upon
providing
a
five
24
days’
notice
that
reasonably
identifies
the
specific
records
25
that
are
being
requested.
26
3.
Records
retained
by
a
unit
owners
association
may
be
27
withheld
from
inspection
and
copying
to
the
extent
that
they
28
concern:
29
a.
Personally
identifiable
information,
salary,
and
medical
30
records
relating
to
specific
individuals.
31
b.
Information
relating
to
contracts,
leases,
and
other
32
commercial
transactions
to
purchase
or
provide
goods
or
33
services,
currently
under
negotiation.
34
c.
Information
relating
to
existing
or
potential
litigation,
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mediation,
arbitration,
or
administrative
proceedings.
1
d.
Information
relating
to
existing
or
potential
matters
2
involving
federal,
state,
or
local
administrative
proceedings
3
or
other
proceedings
before
a
government
tribunal
for
4
enforcement
of
the
declaration,
bylaws,
or
rules.
5
e.
Communications
with
the
unit
owners
association
attorney
6
which
are
otherwise
protected
by
the
attorney-client
privilege
7
or
the
attorney
work-product
doctrine.
8
f.
Information
that
if
disclosed
would
violate
another
9
provision
of
law.
10
g.
Records
of
an
executive
session
of
the
executive
board.
11
h.
Records
relating
to
a
specific
unit
owner,
if
the
person
12
requesting
the
records
is
not
the
unit
owner
that
is
the
13
subject
of
the
records.
14
4.
A
unit
owners
association
may
charge
a
reasonable
fee
15
for
providing
copies
of
any
records
under
this
section
and
for
16
supervising
the
inspection
of
such
records.
17
5.
The
right
to
inspect
records
under
this
section
includes
18
the
right
to
copy
records
by
photocopying
or
other
means
19
including
copies
through
an
electronic
transmission,
if
20
available,
upon
request
of
the
requester.
21
6.
A
unit
owners
association
is
not
obligated
to
compile
or
22
synthesize
information
or
records
under
this
section.
23
7.
Information
or
records
obtained
under
this
section
shall
24
not
be
used
for
commercial
purposes.
25
Sec.
13.
NEW
SECTION
.
499C.403
Notice
to
unit
owners.
26
1.
A
unit
owners
association
or
an
executive
board,
as
27
applicable,
shall
deliver
each
notice
required
to
be
given
by
28
the
association
or
board
under
this
chapter
to
the
regular
mail
29
address
or
electronic
mail
address
provided
by
each
unit
owner.
30
If
a
regular
mail
address
or
electronic
mail
address
is
not
31
provided
by
the
unit
owner,
the
notice
may
be
delivered
using
32
any
of
the
following
methods:
33
a.
Hand
delivery
to
the
unit
owner.
34
b.
Mailing
by
regular
mail
or
certified
mail,
as
defined
in
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section
618.15,
to
the
address
of
the
unit.
1
c.
Any
other
method
reasonably
calculated
to
provide
notice
2
to
the
unit
owner.
3
2.
The
ineffectiveness
of
a
good-faith
effort
to
deliver
4
notice
under
subsection
1
does
not
invalidate
an
action
taken
5
at
a
meeting
or
an
action
taken
by
other
means.
6
Sec.
14.
NEW
SECTION
.
499C.501
Cause
of
action
——
attorney
7
fees.
8
A
declarant,
unit
owners
association,
unit
owner,
or
any
9
other
person
subject
to
this
chapter
may
bring
an
action
to
10
enforce
a
right
granted
or
obligation
imposed
by
this
chapter,
11
the
declaration,
or
the
bylaws.
In
any
action
under
this
12
chapter,
the
court
may
award
reasonable
attorney
fees
to
the
13
prevailing
party.
14
DIVISION
II
15
ADDITIONAL
PROVISIONS
AND
16
CORRESPONDING
CHANGES
17
Sec.
15.
NEW
SECTION
.
499A.1A
Applicability.
18
This
chapter
shall
apply
to
cooperatives
established
under
19
this
chapter
unless
otherwise
provided
in
chapter
499C.
20
Sec.
16.
NEW
SECTION
.
499B.1A
Applicability.
21
This
chapter
applies
to
horizontal
property
regimes
22
established
under
this
chapter
unless
otherwise
provided
in
23
chapter
499C.
24
Sec.
17.
Section
499B.2,
Code
2011,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
1A.
“As-built
certificate”
means
a
27
certificate
and
any
accompanying
documentation
from
a
competent
28
licensed
professional
engineer,
licensed
land
surveyor,
or
29
registered
architect,
that
certifies
that
such
individual
has
30
examined
the
plan
filed
with
the
declaration
and
that
the
plan
31
does
diagrammatically
represent,
insofar
as
may
be
reasonably
32
determined
through
the
use
of
nondestructive
measurement
33
techniques,
the
building,
the
general
common
elements,
and
the
34
limited
common
elements
that
have
been
constructed
on
the
real
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estate
described
in
the
declaration
and
plans.
1
Sec.
18.
Section
499B.6,
Code
2011,
is
amended
to
read
as
2
follows:
3
499B.6
Copy
of
the
floor
plans
to
be
filed.
4
1.
There
shall
be
attached
to
the
declaration,
at
the
time
5
it
is
filed,
a
full
and
an
exact
copy
of
the
plans
of
the
6
building
,
which
copy
shall
be
entered
of
record
along
with
7
the
declaration
or
buildings
and
an
as-built
certificate
or
a
8
certificate
described
in
subsection
2,
paragraph
“a”
.
9
2.
a.
If
a
portion
of
the
horizontal
property
regime
10
is
not
completed
at
the
time
the
declaration
is
filed,
the
11
declaration
may
be
filed,
in
lieu
of
an
as-built
certificate,
12
with
a
certification
that
the
plans
diagrammatically
represent,
13
insofar
as
reasonably
ascertainable,
the
buildings
the
14
declarant
intends
to
construct.
15
b.
Upon
completion
of
all
buildings
of
a
horizontal
property
16
regime,
for
which
a
certificate
under
paragraph
“a”
was
filed,
17
the
declarant
shall
file
for
recording
an
as-built
certificate.
18
c.
Upon
completion
of
a
discrete
portion
of
a
horizontal
19
property
regime
project,
a
declarant
may
file
an
as-built
20
certificate
for
the
portion
then
completed.
21
d.
The
absence
of
a
certificate
described
in
this
subsection
22
for
a
declaration
recorded
before
July
1,
2011,
shall
not
23
affect
the
marketability
of
title.
24
3.
The
plans
described
in
subsection
1
shall
show
25
graphically
all
particulars
of
the
building
,
including
,
but
26
not
limited
to
,
the
dimensions,
area,
and
location
of
common
27
elements
affording
access
to
each
apartment.
Other
common
28
elements,
both
limited
and
general,
shall
be
shown
graphically
29
insofar
as
possible
and
shall
be
certified
to
by
an
engineer,
30
architect,
or
land
surveyor,
who
is
registered
or
licensed
to
31
practice
that
profession
in
this
state
.
32
Sec.
19.
Section
499B.15,
subsection
2,
Code
2011,
is
33
amended
by
striking
the
subsection.
34
EXPLANATION
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Division
I
of
this
bill
creates
a
uniform
common
interest
1
ownership
Act,
new
Code
chapter
499C.
The
bill
provides
that
2
it
is
the
public
policy
of
the
state
that
the
management
and
3
affairs
of
common
interest
communities
be
conducted
to
provide
4
open
access
to
the
management
of
the
common
interest
community
5
to
the
unit
owners.
6
New
Code
chapter
499C
defines
“common
interest
community”
7
to
mean
real
estate
described
in
a
declaration
with
respect
8
to
which
a
person,
by
virtue
of
the
person’s
ownership
of
a
9
unit,
is
obligated
to
pay
for
a
share
of
real
estate
taxes,
10
insurance
premiums,
maintenance,
or
improvement
of,
or
services
11
or
other
expenses
related
to,
common
elements,
other
units,
or
12
other
real
estate
described
in
the
declaration.
Cooperatives
13
under
Code
chapter
499A
and
horizontal
property
regimes
under
14
Code
chapter
499B
are
also
defined
to
be
common
interest
15
communities.
The
bill
specifies
that
a
common
interest
16
community
does
not
include
a
covenant
that
requires
the
owners
17
of
separate
parcels
of
real
estate
to
share
certain
costs
or
18
other
obligations,
unless
all
such
owners
consent
in
writing
19
to
the
creation
of
a
common
interest
community,
and
does
not
20
include
community
where
all
units
are
owned
by
a
single
unit
21
owner.
22
The
bill
does
not
allow
for
the
provisions
of
new
Code
23
chapter
499C
to
be
varied
by
agreement,
and
rights
conferred
by
24
new
Code
chapter
499C
may
not
be
waived.
25
The
bill
specifies
that
unless
otherwise
provided
by
law
new
26
Code
chapter
499C
applies
to
all
common
interest
communities
27
established
within
this
state
on
or
after
July
1,
2011.
New
28
Code
chapter
499C
does
not
apply
to
common
interest
communities
29
of
three
or
fewer
units.
The
bill
provides
that
new
Code
30
sections
499C.301
(amendments
to
governing
instruments),
31
499C.302
(rules),
499C.401
(meetings),
499C.402
(records),
32
499C.403
(notices),
and
499C.501
(enforcement
actions)
apply
to
33
common
interest
communities
established
before
July
1,
2011,
34
and
any
portion
of
a
declaration,
bylaws,
covenant,
or
other
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contractual
provision
existing
prior
to
July
1,
2011,
that
1
violates
Code
section
499C.301,
499C.302,
499C.401,
499C.402,
2
or
499C.403
is
not
enforceable.
3
The
bill
establishes
requirements
and
procedures
for
common
4
interest
communities,
unit
owners
associations,
and
executive
5
boards
relating
to
amending
governing
instruments,
including
6
declarations,
bylaws,
and
plans.
The
bill
also
establishes
7
requirements
and
procedures
for
the
adoption
of
rules
by
8
executive
boards
and
unit
owners
associations.
9
New
Code
section
499C.201
establishes
requirements
for
unit
10
owners
associations,
as
defined
in
the
bill.
A
unit
owners
11
association
must
be
organized
not
later
than
the
date
the
first
12
unit
in
the
common
interest
community
is
conveyed.
The
bill
13
provides
that
the
membership
of
a
unit
owners
association
shall
14
at
all
times
consist
exclusively
of
all
unit
owners
except
15
following
termination
of
the
common
interest
community,
at
16
which
time
the
unit
owners
association
shall
consist
of
all
17
former
unit
owners
entitled
to
distributions
of
proceeds
or
18
their
heirs,
successors,
or
assigns.
The
bill
requires
each
19
unit
owners
association
to
have
an
executive
board.
A
unit
20
owners
association
must
be
organized
as
a
profit
or
nonprofit
21
corporation,
trust,
limited
liability
company,
partnership,
22
unincorporated
association,
or
any
other
form
of
organization
23
authorized
by
the
law
of
this
state.
The
bill
provides
that
24
the
requirements
of
new
Code
chapter
499C
relating
to
a
unit
25
owners
association
preempt
any
conflicting
provision
of
the
26
statute
under
which
the
unit
owners
association
is
organized.
27
The
bill
specifies
the
duties
and
powers
of
a
unit
owners
28
association,
including
powers
of
the
unit
owners
association
29
for
enforcement
of
the
provisions
of
declaration,
bylaws,
or
30
rules.
31
The
bill
specifies
the
duties
and
powers
of
an
executive
32
board.
An
executive
board,
except
as
otherwise
provided
in
the
33
declaration,
the
bylaws,
or
other
provision
of
law,
acts
on
34
behalf
of
the
unit
owners
association.
The
bill
specifies
the
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duty
of
care
required
for
members
and
officers
of
the
executive
1
board.
2
The
bill
establishes
requirements
relating
to
meetings
of
3
unit
owners
associations,
executive
boards,
and
committees
4
of
such
entities
including
requirements
for
the
contents
5
of
meeting
notices,
allowable
actions
during
meetings,
6
requirements
relating
to
unit
owner
comments,
and
the
manner
7
in
which
meetings
may
be
conducted.
The
bill
also
specifies
8
the
manner
and
the
reasons
for
which
certain
meetings
may
be
9
called.
10
The
bill
enacts
requirements
relating
to
the
retention
of
11
records
by
unit
owners
associations
and
specifies
the
records
12
retained
by
a
unit
owners
association
which
may
be
withheld
13
from
inspection
and
copying.
14
The
bill
requires
a
unit
owners
association
or
executive
15
board,
as
applicable,
to
deliver
each
notice
required
to
be
16
given
by
the
association
under
new
Code
chapter
499C
to
the
17
regular
mail
address
or
electronic
mail
address
provided
by
18
each
unit
owner.
If
a
regular
mail
or
electronic
mail
address
19
is
not
provided
by
the
unit
owner,
the
unit
owners
association
20
may
deliver
the
notice
by
a
different
method
specified
in
21
the
bill.
The
bill
provides
that
the
ineffectiveness
of
a
22
good-faith
effort
to
deliver
notice
does
not
invalidate
an
23
action
taken
at
a
meeting
or
an
action
taken
by
other
means.
24
The
bill
provides
that
a
declarant,
unit
owners
association,
25
unit
owner,
or
any
other
person
subject
to
new
Code
chapter
26
499C
may
bring
an
action
to
enforce
a
right
granted
or
27
obligation
imposed
by
the
Code
chapter,
the
declaration,
or
the
28
bylaws.
In
any
such
action,
the
court
may
award
reasonable
29
attorney
fees
to
the
prevailing
party.
30
Division
II
of
the
bill
amends
provisions
relating
to
31
certain
plans
and
documents
filed
with
a
declaration
of
a
32
horizontal
property
regime
and
makes
corresponding
changes
33
relating
to
the
enactment
of
new
Code
chapter
499C.
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