House File 2235 - Introduced HOUSE FILE 2235 BY JUDGE and NORDMAN A BILL FOR An Act relating to the election of a unit owners association 1 executive board. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5435YH (6) 90 nls/ko

H.F. 2235 Section 1. NEW SECTION . 499C.3 Executive board members. 1 1. If an executive board appoints a board member to fill a 2 vacancy on the board, the appointed board member shall stand 3 for election for the remaining length of the term for which the 4 member was appointed at the next annual meeting of the unit 5 owners association. 6 2. If, at any given time, a majority of the board members 7 of an executive board are either serving by appointment or by 8 extension of the board member’s term through the distribution 9 of unserved time from other board members vacating their board 10 positions, a petition bearing the signatures of one-fourth of 11 all unit owners shall force an open election for all executive 12 board seats occupied by an appointed member or a member serving 13 an extended term. An election required under this subsection 14 shall be held no more than sixty days after the filing of the 15 petition. A petition may not force an election less than sixty 16 days prior to a regular election. 17 3. An executive board shall provide written notice, in 18 the form and manner as may be established by the bylaws, to 19 all unit owners no more than thirty calendar days prior to an 20 election pursuant to subsection 1 or 2. All unit owners shall 21 be eligible to vote in such an election in the form and manner 22 established by the bylaws. 23 4. An executive board’s refusal or failure to hold an 24 election in compliance with this section shall be grounds for 25 any unit owner to bring an action in small claims court if 26 the small claims court has jurisdiction based on the amount 27 in controversy pursuant to section 631.1 or, if the amount is 28 unknown or the small claims court does not have jurisdiction, 29 in the district court in the county where the unit owners 30 association is located to request that the court order the 31 executive board and the unit owners to mediate, and that the 32 court appoint the mediator. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 5435YH (6) 90 nls/ko 1/ 2

H.F. 2235 the explanation’s substance by the members of the general assembly. 1 This bill relates to the appointment and election of an 2 executive board (board). 3 The bill requires an election for a board member who has been 4 appointed to fill a vacancy on the board. The appointed board 5 member must stand for election at the next annual meeting of 6 the unit owners association in order to serve the remaining 7 length of the appointed board member’s term. 8 The bill permits one-fourth of the unit owners to petition 9 the board to hold an election when a majority of the board 10 members currently serve either by appointment or through the 11 extension of the board member’s term by the distribution of 12 unserved time for a vacated board position. The election shall 13 be for all board members currently serving by appointment or by 14 the extension of the board member’s term. The election shall 15 be held no more than 60 days after the filing of the petition. 16 A petition may not force an election less than 60 days prior to 17 a regular election. 18 The bill requires the board to provide written notice, 19 in the form and manner required by the bylaws, to all unit 20 owners prior to an election no more than 30 days prior to 21 the election. All unit owners shall be eligible to vote in 22 an election required under the bill in the form and manner 23 established by the bylaws. 24 If a board refuses or fails to comply with the requirements 25 of the bill, the bill permits a unit owner to bring an action in 26 small claims court or, if the amount in controversy is unknown 27 or the small claims court does not have jurisdiction, in the 28 district court in the county where the unit owners association 29 is located to request that the court order the board and the 30 unit owners to mediate with a court-appointed mediator. 31 -2- LSB 5435YH (6) 90 nls/ko 2/ 2