SF 325 (LSB 2158XS (3) 85)

SENATE FILE 325

BY  CHAPMAN, ERNST, JOHNSON, GUTH, and ANDERSON

A BILL FOR

An Act relating to the rights of members of a residential cooperative or owners of a condominium.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 499A.2A, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.
  a.  The bylaws shall not prohibit or restrict a member from displaying political signs for sixty days prior to the day of an election and fourteen days following such election, or restrict the size of the sign to less than seven hundred fifty square inches.
   b.  Subject to the size provisions in this subsection, signs advocating for or against a specific issue may be displayed at any time.
    Sec. 2.  Section 499B.15, Code 2013, is amended to read as follows:
   499B.15  Contents of bylaws.
   1.  The bylaws must provide for at least the following:
   1.

a.  The form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation thereof.
   2.

b.  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. 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.
   3.

c.  Method of calling or summoning the co-owners to assemble; what percentage, if other than a majority of apartment owners, shall constitute a quorum; who is to preside over the meeting and who will keep the minute book wherein the resolutions shall be recorded.
   4.

d.  Maintenance, repair, and replacement of the common areas and facilities and payments therefor including the method of approving payment vouchers.
   5.

e.  Manner of collecting from the apartment owners their share of the common expenses.
   6.

f.  Designation and removal of personnel necessary for the maintenance, repair, and replacement of the common areas and facilities.
   7.

g.  The percentage of votes required to amend the bylaws.
   2.
  a.  The bylaws shall not prohibit or restrict a member from displaying political signs for sixty days prior to the day of an election and fourteen days following such election, or restrict the size of the sign to less than seven hundred fifty square inches.
   b.  Subject to the size provisions in this subsection, signs advocating for or against a specific issue may be displayed at any time.
EXPLANATION
   This bill prohibits the bylaws of homeowners associations or of housing cooperatives from restricting individual owners from displaying political signs less than 60 days prior to any election and 14 days following any election, and cannot restrict the size of the sign to less than 750 square inches.
   The bill provides that signs advocating for or against a specific issue may be displayed at any time.