House
File
2367
-
Introduced
HOUSE
FILE
2367
BY
ZABNER
A
BILL
FOR
An
Act
relating
to
unit
owners
associations
and
native
1
vegetation.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5386YH
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lh/jh
H.F.
2367
Section
1.
Section
499C.1,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6A.
“Native
vegetation”
means
plant
species
3
that
are
indigenous
to
Iowa
and
were
present
in
the
state
prior
4
to
European
settlement,
including
but
not
limited
to
native
5
grasses,
flowers,
shrubs,
and
trees.
6
Sec.
2.
NEW
SECTION
.
499C.3
Native
vegetation.
7
1.
A
unit
owners
association
shall
not
prohibit
any
unit
8
owner
from
planting
or
growing
native
vegetation
on
the
unit
9
owner’s
lawn
so
long
as
the
area
is
maintained
predominately
10
free
of
weeds,
invasive
species,
and
trash,
and
the
native
11
vegetation
does
not
extend
over
or
onto
neighboring
properties,
12
public
or
common
sidewalks,
pathways,
streets
or
other
public
13
or
common
areas
or
elements,
and
does
not
interfere
with
14
traffic
or
utilities.
15
2.
A
unit
owners
association
may
adopt
reasonable
rules
and
16
regulations
governing
a
planned,
intentional,
and
maintained
17
landscape
of
native
vegetation
that
do
not
impair
the
native
18
vegetation’s
proper
maintenance
and
care
or
impose
height
19
restrictions.
20
3.
This
section
shall
not
apply
to
common
areas
or
elements
21
or
to
other
property
owned
by
the
unit
owners
association
in
22
which
the
unit
owner
does
not
have
authority
to
landscape
or
23
plant.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
unit
owners
associations
and
native
28
vegetation
restrictions.
29
The
bill
limits
the
authority
of
a
unit
owners
association
30
to
restrict
native
vegetation
on
unit
owners’
lawns,
as
long
31
as
the
native
vegetation
is
properly
maintained.
The
unit
32
owner’s
lawn
must
be
kept
generally
free
of
weeds,
invasive
33
species,
and
trash,
and
the
native
vegetation
may
not
interfere
34
with
sidewalks,
pathways,
roads,
utilities,
or
neighboring
35
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2367
properties,
and
must
not
obstruct
visibility
and
traffic.
1
Unit
owners
associations
may
still
adopt
reasonable
rules
2
for
planned
and
maintained
native
vegetation,
but
the
rules
3
cannot
impair
the
proper
maintenance
of
native
vegetation,
4
including
plant
height
restrictions.
5
The
bill
does
not
apply
to
common
areas,
shared
elements,
6
or
any
property
owned
by
the
unit
owner
association
where
unit
7
owners
do
not
have
landscaping
authority.
8
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