House Study Bill 748 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON NORDMAN) A BILL FOR An Act relating to residential real estate, including access to 1 records of unit owners associations and the disclosure of 2 home inspection information. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6144YC (2) 91 lh/jh

H.F. _____ Section 1. Section 499C.2, subsection 1, Code 2026, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . f. A certification concerning the payment of 3 dues, fees, or assessments that states whether the dues, fees, 4 or assessments are paid in full or delinquent, and identifies 5 any known future dues, fees, or assessments. 6 Sec. 2. Section 499C.2, subsection 3, Code 2026, is amended 7 to read as follows: 8 3. A unit owners association, a unit owners association’s 9 designee, or a unit owners association’s management company may 10 charge a reasonable fee for all records and documents provided 11 under this section . The fee shall not exceed the estimated 12 cost of production or reproduction of the records or documents. 13 Upon request, the unit owner or the unit owner’s authorized 14 agent shall be provided reasonable documentation supporting 15 the fee charged to ensure the fee does not exceed the cost of 16 production or reproduction of the records or documents. 17 Sec. 3. Section 558A.4A, subsection 5, Code 2026, is amended 18 to read as follows: 19 5. Except as otherwise required by law, a home inspector 20 shall not deliver a home inspection report to any person other 21 than the client of the home inspector without the client’s 22 consent. The seller shall have the right, upon request, to 23 receive without charge a copy of a home inspection report from 24 the person for whom it was prepared from the buyer or the 25 buyer’s authorized agent those portions of a home inspection 26 report that relate to the remediation requests made by the 27 buyer or the buyer’s authorized agent. If the buyer or the 28 buyer’s authorized agent fails to provide the applicable 29 portions of the inspection report to the seller, the seller may 30 cancel the purchase contract for the inspected property without 31 penalty . 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 6144YC (2) 91 lh/jh 1/ 2

H.F. _____ This bill relates to access to records of unit owners 1 associations and the disclosure of home inspection information 2 in residential real estate transactions. 3 Code section 499C.2 (records and documents —— access) 4 requires a unit owners association, the association’s designee, 5 or the association’s management company to make certain records 6 and documents available to a unit owner or the unit owner’s 7 authorized agent upon request. The bill requires a unit owners 8 association, the association’s designee, or the association’s 9 management company to make available certification concerning 10 the payment of dues, fees, or assessments that states whether 11 dues, fees, or assessments are paid in full or delinquent, and 12 identifies any known future dues, fees, or assessments. 13 Under current law, a unit owners association, a unit 14 owners association’s designee, or a unit owners association’s 15 management company may charge a reasonable fee for any required 16 record produced under Code section 499C.2. The bill requires 17 that, upon request, a unit owner or the unit owner’s authorized 18 agent be provided reasonable documentation supporting the fee 19 charged to ensure the fee does not exceed the cost of producing 20 the required records. 21 Under current law, following the completion of a home 22 inspection report by a home inspector, the person to whom the 23 report was prepared must provide a copy without charge of the 24 home inspection report upon the request of the seller of the 25 inspected property. The bill strikes this requirement and 26 instead requires the buyer or the buyer’s authorized agent to 27 provide without charge portions of the home inspection report 28 that relate to the remediation requests made by the buyer or 29 the buyer’s authorized agent upon the request of the seller 30 of the inspected property. The bill provides that if the 31 buyer or the buyer’s authorized agent fails to provide the 32 applicable portions of the inspection report to the seller of 33 the inspected property, the seller may cancel the purchase 34 contract for the inspected property without penalty. 35 -2- LSB 6144YC (2) 91 lh/jh 2/ 2