HF 2367 (LSB 5386YH (3) 91)

HOUSE FILE 2367

BY  ZABNER

A BILL FOR

An Act relating to unit owners associations and native vegetation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 499C.1, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  “Native vegetation” means plant species that are indigenous to Iowa and were present in the state prior to European settlement, including but not limited to native grasses, flowers, shrubs, and trees.
    Sec. 2.  NEW SECTION.  499C.3  Native vegetation.
   1.  A unit owners association shall not prohibit any unit owner from planting or growing native vegetation on the unit owner’s lawn so long as the area is maintained predominately free of weeds, invasive species, and trash, and the native vegetation does not extend over or onto neighboring properties, public or common sidewalks, pathways, streets or other public or common areas or elements, and does not interfere with traffic or utilities.
   2.  A unit owners association may adopt reasonable rules and regulations governing a planned, intentional, and maintained landscape of native vegetation that do not impair the native vegetation’s proper maintenance and care or impose height restrictions.
   3.  This section shall not apply to common areas or elements or to other property owned by the unit owners association in which the unit owner does not have authority to landscape or plant.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to unit owners associations and native vegetation restrictions.
   The bill limits the authority of a unit owners association to restrict native vegetation on unit owners’ lawns, as long as the native vegetation is properly maintained. The unit owner’s lawn must be kept generally free of weeds, invasive species, and trash, and the native vegetation may not interfere with sidewalks, pathways, roads, utilities, or neighboring properties, and must not obstruct visibility and traffic.
   Unit owners associations may still adopt reasonable rules for planned and maintained native vegetation, but the rules cannot impair the proper maintenance of native vegetation, including plant height restrictions.
   The bill does not apply to common areas, shared elements, or any property owned by the unit owner association where unit owners do not have landscaping authority.