Senate
File
2312
-
Introduced
SENATE
FILE
2312
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3134)
A
BILL
FOR
An
Act
relating
to
the
continued
effect
of
terms,
conditions,
1
covenants,
and
provisions
contained
in
documents
and
2
instruments
creating
or
regulating
multiple
housing
3
cooperatives
and
horizontal
property
regimes
and
including
4
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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5474SV
(2)
85
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S.F.
2312
Section
1.
NEW
SECTION
.
499A.23
Effect
of
documents
and
1
instruments.
2
1.
Unless
amended
or
terminated
by
this
chapter
or
by
the
3
following
documents
or
instruments,
all
terms,
conditions,
4
covenants,
and
provisions
contained
in
the
following
documents
5
or
instruments
shall
remain
in
full
force
and
effect
as
long
as
6
the
cooperative
remains
in
existence:
7
a.
The
articles
of
incorporation
of
the
cooperative
and
any
8
amendments
thereto.
9
b.
The
bylaws
of
the
cooperative
and
any
amendments
thereto.
10
c.
Any
proprietary
leases,
contracts,
or
other
agreements
11
between
the
cooperative
and
a
member
of
the
cooperative
or
12
between
members
of
the
cooperative.
13
d.
Any
property
interests
created
by
any
documents
or
14
instruments
specified
in
paragraph
“a”
,
“b”
,
or
“c”
.
15
2.
A
document
or
instrument
specified
in
subsection
1,
and
16
any
property
interests
created
by
such
document
or
instrument,
17
shall
not
be
extinguished,
limited,
or
impaired
by
application
18
of
section
558.68
or
614.24.
19
Sec.
2.
NEW
SECTION
.
499B.21
Effect
of
documents
and
20
instruments.
21
1.
Unless
amended
or
terminated
by
the
following
documents
22
or
instruments,
all
terms,
conditions,
covenants,
and
23
provisions
contained
in
the
following
documents
or
instruments
24
shall
remain
in
full
force
and
effect
as
long
as
the
horizontal
25
property
regime
remains
in
existence:
26
a.
The
declaration
of
the
horizontal
property
regime
and
any
27
amendments
thereto.
28
b.
The
articles
of
incorporation
of
the
horizontal
property
29
regime
and
any
amendments
thereto.
30
c.
The
bylaws
of
the
horizontal
property
regime
and
any
31
amendments
thereto.
32
d.
Any
rules
and
regulations
adopted
pursuant
to
the
33
declaration
of
the
horizontal
property
regime
and
the
bylaws
of
34
the
horizontal
property
regime.
35
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2312
e.
Any
property
interests
created
by
any
documents
or
1
instruments
specified
in
paragraphs
“a”
,
“b”
,
“c”
,
or
“d”
.
2
2.
A
document
or
instrument
specified
in
subsection
1,
and
3
any
property
interests
created
by
such
document
or
instrument,
4
shall
not
be
extinguished,
limited,
or
impaired
by
application
5
of
section
558.68
or
614.24.
6
Sec.
3.
Section
558.68,
Code
2014,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
6.
This
section
shall
not
extinguish,
9
limit,
or
impair
the
validity
of
a
document
or
instrument
10
specified
in
section
499A.23
or
499B.21,
or
any
property
11
interests
created
by
such
document
or
instrument.
12
Sec.
4.
Section
614.24,
Code
2014,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4.
This
section
shall
not
extinguish,
15
limit,
or
impair
the
validity
of
a
document
or
instrument
16
specified
in
section
499A.23
or
499B.21,
or
any
property
17
interests
created
by
such
document
or
instrument.
18
Sec.
5.
APPLICABILITY.
This
Act
applies
to
all
multiple
19
housing
cooperatives
and
horizontal
property
regimes
created
20
prior
to,
and
still
in
existence
on,
July
1,
2014,
and
created
21
on
or
after
July
1,
2014.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
effect
of
terms,
conditions,
26
covenants,
and
provisions
contained
in
documents
and
27
instruments
creating
or
regulating
multiple
housing
28
cooperatives
and
horizontal
property
regimes.
29
The
bill
provides
that
unless
amended
or
terminated
by
30
Code
chapter
499A
(multiple
housing
cooperatives)
or
by
the
31
following
documents
or
instruments,
all
terms,
conditions,
32
covenants,
and
provisions
contained
in
the
following
documents
33
or
instruments,
and
any
property
interests
created
by
any
such
34
documents
or
instruments,
shall
remain
in
full
force
and
effect
35
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3
S.F.
2312
as
long
as
the
cooperative
remains
in
existence:
the
articles
1
of
incorporation
and
the
bylaws
of
the
cooperative
and
any
2
amendments
thereto
and
any
proprietary
leases,
contracts,
or
3
other
agreements
between
the
cooperative
and
a
member
of
the
4
cooperative
or
between
members
of
the
cooperative.
5
The
bill
also
provides
that
unless
amended
or
terminated
6
by
Code
chapter
499B
(horizontal
property
regimes)
or
by
the
7
following
documents
or
instruments,
all
terms,
conditions,
8
covenants,
and
provisions
contained
in
the
following
documents
9
or
instruments,
and
any
property
interests
created
by
any
10
such
documents
or
instruments,
shall
remain
in
full
force
11
and
effect
as
long
as
the
cooperative
remains
in
existence:
12
the
declaration
of
the
horizontal
property
regime
and
any
13
amendments
thereto
and
the
articles
of
incorporation
and
the
14
bylaws
of
the
horizontal
property
regime
and
any
amendments
15
thereto
and
any
rules
and
regulations
adopted
pursuant
to
the
16
declaration
or
bylaws.
17
The
bill
provides
that
the
rule
against
perpetuities
and
18
certain
provisions
relating
to
reversion
or
use
restrictions
on
19
land
shall
not
impair
the
validity
of
a
document
or
instrument
20
property
interest
specified
in
the
bill.
21
The
bill
applies
to
all
multiple
housing
cooperatives
and
22
horizontal
property
regimes
created
prior
to,
and
still
in
23
existence
on,
July
1,
2014,
and
created
on
or
after
July
1,
24
2014.
25
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