reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499 - COOPERATIVE ASSOCIATIONS › Section 499.78A - Appeal from denial of reinstatement.

499.78A Appeal from denial of reinstatement.
1. If the secretary of state denies an association’s application for reinstatement following administrative dissolution, the secretary of state shall serve the association pursuant to section 499.75 with a written notice that explains the reason or reasons for denial.
2. The association may appeal the denial of reinstatement to the district court within thirty days after service of the notice of denial is perfected. The association appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the secretary of state’s certificate of dissolution, the association’s application for reinstatement, and the secretary of state’s notice of denial.
3. The court may summarily order the secretary of state to reinstate the dissolved association or may take other action the court considers appropriate.
4. The court’s final decision may be appealed as in other civil proceedings.
93 Acts, ch 126, §26
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499 - COOPERATIVE ASSOCIATIONS › Section 499.79 - Statement to estate of members and stockholders.

499.79 Statement to estate of members and stockholders.
1. The board of directors, upon receiving actual notice of the death of a member or stockholder, shall provide a statement to the administrator or executor of the member’s or stockholder’s estate, or to the attorney representing such estate. The statement shall describe agricultural products owned by the member or stockholder which are in the possession of the association.
2. This section shall not require an association to conduct a search of the status of its members or stockholders. The association shall exercise reasonable diligence in determining to whom the statement must be delivered. The statement shall be delivered to the administrator, executor, or attorney, within thirty days following a determination as to whom the statement must be delivered. A statement is not required to be prepared or delivered, if the association is not notified of the member’s or stockholder’s death within one year after the date of death, or by the date that the member’s or stockholder’s estate is closed, whichever is later.
91 Acts, ch 230, §3; 2016 Acts, ch 1011, §121
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499 - COOPERATIVE ASSOCIATIONS › Section 499.80 - Member information.

499.80 Member information.
1. If a member of a cooperative association intends to distribute information to other members of a cooperative association and the member does not have a list of the members of the cooperative association, the member may request the board of directors to distribute the information for the member.
2. The board of directors shall adopt a policy which permits the distribution of materials or information to members of a cooperative association by request of a member when the purpose of the request concerns directly the action of the board of directors of the cooperative association.
3. The board of directors shall distribute for a member such material or information requested, provided that the board of directors may charge the member for the mailing costs incurred by the cooperative association in distributing the information.
4. Cooperative associations subject to regulation under chapter 476 are exempt from the provisions of this section.
92 Acts, ch 1147, §4; 2016 Acts, ch 1011, §121
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.1 - Articles.

499A.1 Articles.
1. Any two or more persons of full age, a majority of whom are citizens of the state, may organize themselves for the following or similar purposes: Ownership of residential, business property on a cooperative basis. A corporation or limited liability company is a person within the meaning of this chapter. The organizers shall adopt, and sign and acknowledge the articles of incorporation, stating the name by which the cooperative shall be known, the location of its principal place of business, its business or objects, the number of directors to conduct the cooperative’s business or objects, the names of the directors for the first year, the time of the cooperative’s annual meeting, the time of the annual meeting of its directors, and the manner in which the articles may be amended. The articles of incorporation shall be filed with the secretary of state who shall, if the secretary approves the articles, endorse the secretary of state’s approval on the articles, record the articles, and forward the articles to the county recorder of the county where the principal place of business is to be located, and there the articles shall be recorded, and upon recording be returned to the cooperative. The articles shall not be filed by the secretary of state until a filing fee of five dollars together with a recording fee of fifty cents per page is paid, and upon the payment of the fees and the approval of the articles by the secretary of state, the secretary shall issue to the cooperative a certificate of incorporation as a cooperative not for pecuniary profit. The county recorder shall collect recording fees pursuant to section 331.604 for articles forwarded for recording under this section.
2. Amendments to the articles shall be filed and receive approval as provided in this chapter for articles, and the fee for amendments shall be five dollars in each instance. An amendment is not effective until the amendment is approved and the fee is paid.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.1]
91 Acts, ch 30, §1; 2009 Acts, ch 27, §27; 2014 Acts, ch 1095, §1, 6
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.2 - Powers — duration.

499A.2 Powers — duration.
Upon filing such articles the persons signing and acknowledging the same and their associates and successors shall become a body corporate with the name therein stated and shall have power:
1. To have perpetual succession by its name, unless a limited period of duration is stated in its articles of incorporation, or they are sooner dissolved by three-fourths vote of all the members thereof, or by act of the general assembly or by operations of law.
2. To sue and be sued in its corporate name.
3. To build and construct apartment houses or dwellings.
4. To purchase, take, receive, lease as lessee, take by gift, devise or bequest, or otherwise acquire, and to own, hold, use and otherwise deal in and with any real or personal property or any interest therein.
5. To sell, convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of its property and assets.
6. To make contracts and incur liabilities which may be appropriate to enable it to accomplish any or all of its purposes; to borrow money for its corporate purposes at such rates of interest as the cooperative may determine, to issue its notes, bonds and other obligations; and to secure any of its obligations by mortgage, pledge, or deed of trust of all or any of its property.
7. To elect or appoint officers and agents of the cooperative, and to define their duties and fix their compensation.
8. To make and alter bylaws not inconsistent with its articles of incorporation or with the laws of this state, for the administration and the regulation of the affairs of the cooperative.
9. To cease its cooperative activities and surrender its cooperative franchise.
10. To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the cooperative is organized.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.2]
91 Acts, ch 30, §16
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.2A - Bylaws.

499A.2A Bylaws.
1. The initial bylaws of the cooperative shall be adopted by the cooperative’s board of directors. Prior to the admission of members to the cooperative, the power to alter, amend, or repeal the bylaws or adopt new bylaws is vested in the board of directors. Following the admission of members to the cooperative, the power to alter, amend, or repeal the bylaws or adopt new bylaws is vested in the members in accordance with the method set forth in the bylaws.
2. The bylaws may contain any provisions for the regulation and management of the affairs of the cooperative not inconsistent with law or the articles of incorporation. However, the bylaws must provide for:
a. The number of members of the board of directors and the term of the members.
b. The election of a president, vice president, treasurer, and secretary by the board of directors.
c. The qualifications, powers and duties, terms of office, and manner of electing and removing board members and officers and filling vacancies of such members.
d. The method of amending the bylaws.
91 Acts, ch 30, §7; 2012 Acts, ch 1023, §157
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.3 - Members.

499A.3 Members.
A cooperative shall have only one class of members. The designation of that class and the rights of the members of the class shall be set forth in the articles of incorporation or the bylaws. The cooperative must issue membership certificates evidencing the ownership interest of each member of the cooperative.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.3]
91 Acts, ch 30, §2
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.3A - Meetings of members.

499A.3A Meetings of members.
1. Meetings of members may be held at such places as may be provided in the articles of incorporation or the bylaws, or as may be fixed from time to time in accordance with the provisions of the articles or the bylaws. In the absence of any such provision, all meetings shall be held at the registered office of the cooperative.
2. An annual meeting of the members shall be held at such time as may be provided in the articles of incorporation or the bylaws. Failure to hold the annual meeting at the designated time shall not work a forfeiture or dissolution of the cooperative.
3. Special meetings of the members may be called by the president or by the board of directors. Special meetings of the members may also be called by such officers or persons, or by a number or proportion of members as may be provided in the articles of incorporation or the bylaws. In the absence of a provision fixing the number or proportion of members entitled to call a meeting, a special meeting of members may be called by members having one-twentieth of the votes entitled to be cast at the meeting.
91 Acts, ch 30, §8; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.3B - Notice of members meetings.

499A.3B Notice of members meetings.
Unless the articles of incorporation or the bylaws otherwise provide, written notice stating the place, day, and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered no less than ten nor more than fifty days before the date of the meeting, either personally or by mail, by or at the direction of the president, the secretary, or the officer or persons calling the meeting, to each member entitled to vote at the meeting. If mailed, notice is deemed to be delivered when deposited in the United States mail addressed to the member at the member’s address as it appears on the records of the cooperative, with postage prepaid.
91 Acts, ch 30, §9
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.3C - Voting.

499A.3C Voting.
1. Each member is entitled to one vote on each matter submitted to a vote of the members. A membership interest in the cooperative jointly owned by two or more persons is nevertheless entitled to one vote.
2. A member entitled to vote may vote in person or by proxy in the manner prescribed in the bylaws.
91 Acts, ch 30, §10; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.4 - Dividends.

499A.4 Dividends.
A dividend or distribution of property among the members shall not be made until dissolution of the cooperative.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.4]
91 Acts, ch 30, §3
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.7 - Reorganizing prior to expiration of term.

499A.7 Reorganizing prior to expiration of term.
The directors or members of any cooperative organized under this chapter may reorganize the cooperative, and all the property and rights of the cooperative shall vest in the cooperative as reorganized.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.7]
91 Acts, ch 30, §4
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.8 - Reorganizing after expiration of term.

499A.8 Reorganizing after expiration of term.
When the term of a cooperative organized under this chapter has expired, but the organization has continued to act as such cooperative, the directors or members thereof may reorganize, and the property and rights therein shall vest in the reorganized cooperative for the use and benefit of all of the members in the original cooperative.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.8]
91 Acts, ch 30, §16
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.9 - Amendments of articles.

499A.9 Amendments of articles.
Any cooperative organized under this chapter may change its name or amend its articles of incorporation by a vote of a majority of the members, in such manner as may be provided in its articles; but if no such provision is made in the articles the same may be amended at any regular meeting or special meeting called for that purpose by the president or secretary or a majority of the board of directors. Notice of any meeting at which it is proposed to amend the articles of incorporation, shall be given by mailing to each member at the member’s last known post office address at least ten days prior to such meeting, a notice signed by the secretary setting forth the proposed amendments in substance, or by two publications of said notice in some daily or weekly newspaper in general circulation in the county wherein said cooperative has its principal place of business. The last publication of said notice shall be not less than ten days prior to the date of said meeting. There shall be paid to the secretary of state at the time of the filing of such change or amendment a recording fee of fifty cents per page.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.9]
91 Acts, ch 30, §16
Referred to in §499A.10
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.10 - Record — effect.

499A.10 Record — effect.
The change or amendment provided for in section 499A.9 shall be recorded as the original articles are recorded. From the date of filing such change or amendment for record, the provisions of said section having been complied with, the change or amendment shall take effect as a part of the original articles, and the cooperative thus constituted shall have the same rights, powers and franchises, be entitled to the same immunities, and liable upon all contracts to the same extent, as before such change or amendment.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.10]
91 Acts, ch 30, §16
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.11 - Ownership — certificate of membership.

499A.11 Ownership — certificate of membership.
The cooperative has the right to purchase real estate for the purpose of erecting, owning, and operating apartment houses or apartment buildings. The interest of each individual member in the cooperative shall be evidenced by the issuance of a certificate of membership. The certificate of membership is coupled with a possessory interest in the real and personal property of the cooperative, entitling each member to a proprietary lease with the cooperative under which each member has an exclusive possessory interest in an apartment unit and a possessory interest in common with all other members in that portion of the cooperative’s real and personal property not constituting apartment units, and which creates a legal relationship of landlord and tenant between the cooperative and member. The certificate of membership shall be executed by the president of the cooperative and attested by its secretary in the name and in the behalf of the cooperative.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.11]
91 Acts, ch 30, §5
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.14 - Taxation.

499A.14 Taxation.
The real estate shall be taxed in the name of the cooperative, and each member of the cooperative shall pay that member’s proportionate share of the tax in accordance with the proration formula set forth in the bylaws, and each member occupying an apartment as a residence shall receive that member’s proportionate homestead tax credit and each veteran of the military services of the United States identified as such under the laws of the state of Iowa or the United States shall receive as a credit that member’s veterans tax benefit as prescribed by the laws of the state of Iowa.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.14]
91 Acts, ch 30, §6
Homestead credit, chapter 425
Veterans exemption, §426A.11
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.18 - Homestead.

499A.18 Homestead.
Each individual apartment constitutes a homestead and is exempt from execution, provided the member otherwise qualifies within the laws of the state of Iowa for such exemption.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.18]
91 Acts, ch 30, §13
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.18A - Upkeep of the cooperative.

499A.18A Upkeep of the cooperative.
It is the duty of the cooperative to maintain generally all portions of the cooperative’s real property other than the apartment units. The maintenance, repair, and replacement costs of the cooperative’s real property shall be contributed to by each of the members in accordance with the proration formula set forth in the bylaws. Each member is responsible for maintenance and repair of the person’s apartment unit in the manner provided for in the bylaws and as prescribed by each member’s proprietary lease.
91 Acts, ch 30, §11
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.19 - Election of directors.

499A.19 Election of directors.
1. The directors shall be elected by the members of the cooperative. The election of officers shall be made by the board of directors. The annual election of the directors shall be held during the month of January of each year, and they shall serve until their successors are elected and qualified.
2. The board of directors shall elect as officers, a president, a vice president, a secretary, and a treasurer.
3. It is the duty of the secretary to keep the records of the cooperative, and a correct list of the members, and all such records shall be submitted to any member upon demand at any reasonable time.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.19]
91 Acts, ch 30, §14; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.23 - Effect of documents and instruments.

499A.23 Effect of documents and instruments.
1. Unless amended or terminated by this chapter or by the following documents or instruments, all terms, conditions, covenants, and provisions contained in the following documents or instruments shall remain in full force and effect as long as the cooperative remains in existence:
a. The articles of incorporation of the cooperative and any amendments thereto.
b. The bylaws of the cooperative and any amendments thereto.
c. Any proprietary leases, contracts, or other agreements between the cooperative and a member of the cooperative or between members of the cooperative.
d. Any property interests created by any documents or instruments specified in paragraph “a”, “b”, or “c”.
2. A document or instrument specified in subsection 1, and any property interests created by such document or instrument, shall not be extinguished, limited, or impaired by application of section 558.68 or 614.24.
2014 Acts, ch 1095, §2, 6
Referred to in §558.68, 614.24
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.25 - Title of Act.

499A.25 Title of Act.
This subchapter shall be known and cited as “The Cooperative Housing Act”.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §499A.20]
91 Acts, ch 30, §15
CS91, §499A.25
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.101 - Definitions.

499A.101 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Advisor” means a member of the association’s advisory committee.
2. “Association” means a sweat equity housing cooperative association created pursuant to this subchapter.
3. “Authority” means a local housing authority created pursuant to section 499A.102.
4. “Low income” means the income of “very low income families” as defined in section 16.1.
5. “Partner” means a low-income sweat equity member of the association, and member of the sweat equity partners’ committee.
6. “Sweat equity” means any contribution made by a partner to the operations of the association, including but not limited to physical labor.
90 Acts, ch 1120, §1
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.102 - Local housing authority.

499A.102 Local housing authority.
1. A local housing authority may be created to encourage and assist the formation of housing cooperatives under this chapter. The following persons are authorized to form an authority, separately, or in combination with other authorized persons:
a. A city.
b. A county.
c. A nonprofit community organization.
d. A nonprofit religious organization.
2. The local housing authority shall be funded from the following sources:
a. State grants, loans, or other appropriations administered by the Iowa finance authority.
b. Funds solicited from third parties by the local housing authority.
c. Local government appropriations to the local housing authority.
d. Any other available sources, including but not limited to bequests, devises, and federal moneys.
3. The Iowa finance authority may provide assistance for initial organization of local housing authorities.
90 Acts, ch 1120, §2
Referred to in §499A.101
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.104 - Sweat equity housing cooperative association.

499A.104 Sweat equity housing cooperative association.
1. The local housing authority may form one or more sweat equity housing cooperative associations under this chapter. A sweat equity housing cooperative association shall operate as a multiple housing cooperative association under subchapter I, except as specifically provided otherwise under this subchapter.
2. A sweat equity housing cooperative association shall meet the following additional conditions:
a. A sweat equity partners’ committee shall be established, with each partner entitled to one vote on the committee.
b. The sweat equity committee shall hold twenty-five percent of the stock of the association upon incorporation of the association.
c. An advisory committee shall be established, made up of equity investors, skill contributors, and other community representatives including, but not limited to:
(1) Tradesperson volunteers.
(2) Community college trade representatives and business educators.
(3) Financial and legal advisors to association management.
d. The advisory committee shall hold seventy-five percent of the stock of the association upon incorporation of the association.
3. The association shall be controlled by the board of directors, with representation of partners and advisors on the board proportional to each group’s equity interest at the time of the last election of directors to the board.
4. An association shall do all of the following:
a. Acquire existing housing or small business building stock in need of rehabilitation.
b. Establish a rehabilitation plan, which shall include, but not be limited to, all of the following elements:
(1) Statement of purpose.
(2) Financial plan.
(3) Construction timetable.
(4) Materials schedule.
(5) Construction training program schedule for partners. If a contract is executed with a person to perform skilled labor or to supervise skilled work, the person must be certified by an organization recognized as representing a membership of persons with common skills.
(6) Financial and managerial training program for partners.
(7) Bylaws of the association.
(8) A contract between the partners and advisors including the terms of transfer of stock from the advisory committee to the partners’ committee.
c. Establish a program to ensure that partners are equipped with skills necessary for full participation in society.
d. Encourage participation by partners in the activities of the community.
90 Acts, ch 1120, §4; 2001 Acts, ch 61, §17
Referred to in §499A.105
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.105 - Association financing.

499A.105 Association financing.
1. Organizational and construction phase. Upon incorporation, and after adoption of a rehabilitation plan pursuant to section 499A.104, the association may apply to the Iowa finance authority or other sources for financial assistance. The Iowa finance authority shall review the rehabilitation plan, and subject to the availability of moneys, may approve for the association state grants, loans, or other appropriations administered by the Iowa finance authority.
2. Stock transfer. Advisory committee stock shall be transferred to the partners’ committee for distribution to partners in accordance with the terms of the rehabilitation plan contract.
3. Operational phase. Upon completion of the rehabilitation plan and implementation of the contract, the association shall be wholly owned by partners. The partners shall rent space only to other association partners. New partners may be admitted subject to completion of required partner training programs and sweat equity contributions, as required by the association’s bylaws. Partners shall make mortgage payments in proportion to their equity interest in the property, with total payments sufficient to repay the mortgage loan, maintain the property, and accumulate a capital reserve fund for future repairs and improvements. The capital reserve fund and enforcement of partner obligations is the responsibility of the board of directors.
90 Acts, ch 1120, §5
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499A - MULTIPLE HOUSING › Section 499A.106 - Reimbursement of sweat equity contribution.

499A.106 Reimbursement of sweat equity contribution.
The association shall establish criteria for the reimbursement of a partner terminating membership in the association, in accordance with the partner’s sweat equity contribution.
90 Acts, ch 1120, §6
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.2 - Definitions.

499B.2 Definitions.
Unless it is plainly evident from the context that a different meaning is intended, as used in this chapter:
1. “Apartment” means one or more rooms occupying all or a part of a floor or floors in a building of one or more floors or stories and notwithstanding whether the apartment be intended for use or used as a residence, office, for the operation of any industry or business or for any other use not prohibited by law.
2. “Building” means and includes one or more buildings, whether attached to one or more buildings or unattached; provided, however, that if there is more than one building, all such buildings shall be described and included in the declaration, or an amendment thereto, and comprise an integral part of a single horizontal property regime.
3. “Co-owner” means a person, corporation, or other legal entity capable of holding or owning any interest in real property who owns all or an interest in an apartment within the building.
4. “Council of co-owners” means all the co-owners of the building. The business and affairs of the council of co-owners may be conducted by organizing a corporation not for pecuniary profit of which the co-owners are members.
5. “General common elements”, unless otherwise provided in the declaration or lawful amendments thereto, means and includes:
a. The land on which the building is erected.
b. The foundations, basements, floors, exterior walls of each apartment and of the building, ceilings and roofs, halls, lobbies, stairways, and entrances and exits or communication ways, elevators, garbage incinerators and in general all devices or installations existing for common use.
c. Compartments or installations of central services for public utilities, common heating and refrigeration units, reservoirs, water tanks and pumps servicing other than one apartment.
d. Premises for lodging of service personnel engaged in performing services other than services within a single apartment.
6. “Limited common elements” means and includes those common elements which are specified in or determined under the declaration to be reserved for the use of one or more apartments to the exclusion of the other apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like.
7. “Majority of co-owners” or “percent of co-owners” means the owners of more than one-half or owners of that percent of interest in the building irrespective of the total number of co-owners.
8. “Property” includes the land whether committed to the horizontal property regime in fee or as a leasehold interest, the building, all other improvements located thereon, and all easements, rights and appurtenances belonging thereto.
9. All pronouns used herein include the male, female and neuter genders and include the singular or plural numbers, as the case may be.
[C66, 71, 73, 75, 77, 79, 81, §499B.2]
2016 Acts, ch 1073, §140
Referred to in §103.22, 103.23
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.3 - Recording of declaration to submit property to regime.

499B.3 Recording of declaration to submit property to regime.
1. When the sole owner or all of the owners, or the sole lessee or all of the lessees of a lease desire to submit a parcel of real property upon which a building is located or to be constructed to the horizontal property regime established by this chapter, a declaration to that effect shall be executed and acknowledged by the sole owner or lessee or all of such owners or lessees and shall be recorded in the office of the county recorder of the county in which such property lies. The county recorder shall collect recording fees pursuant to section 331.604.
2. If the declaration is to convert an existing structure, the declarant shall file the declaration of the horizontal property regime with the city in which the regime is located or with the county if not located within a city at least sixty days before being recorded in the office of the county recorder to enable the city or county, as applicable, to establish that the converted structure meets appropriate building code requirements as provided in section 499B.20. However, if the city or county, as applicable, does not have a building code, the declarant shall file the declaration with the state building code commissioner instead of the applicable city or county at least sixty days before the recording of the declaration to enable the commissioner to establish that the converted structure meets the state building code, as adopted pursuant to section 103A.7.
3. A declaration under this section for a horizontal property regime proposed to be located within an area of review established by a city under section 354.9 shall, in addition to being submitted to the county, be submitted to the city for review and approval.
[C66, 71, 73, 75, 77, 79, 81, §499B.3]
2000 Acts, ch 1142, §1, 5; 2004 Acts, ch 1086, §81; 2009 Acts, ch 27, §28; 2010 Acts, ch 1051, §2
Referred to in §499B.4, 499B.12
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.4 - Contents of declaration.

499B.4 Contents of declaration.
The declaration provided for in section 499B.3 shall contain:
1. A description of the land.
2. A description of the building, stating the number of stories and basements, the number of apartments and the principal materials of which it is or is to be constructed.
3. The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, an immediate common area to which it has access, and any other data necessary for its proper identification.
4. A description of the general common elements and facilities.
5. A description of the limited common elements and facilities, if any, stating to which apartments their use is reserved.
6. The fractional or percentage interest which each apartment bears to the entire horizontal property regime. The sum of such shall be one if expressed in fractions and one hundred if expressed in percentage.
7. The provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property.
8. Any further details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with this chapter.
9. The method by which the declaration may be amended, consistent with the provisions of this chapter.
[C66, 71, 73, 75, 77, 79, 81, §499B.4]
Referred to in §499B.5, 499B.7, 499B.12
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.5 - Contents of deeds of apartments.

499B.5 Contents of deeds of apartments.
Deeds of apartments shall include the following particulars:
1. Description of land as provided in section 499B.4, including the document reference number and date of recording of the declaration.
2. The apartment number of the apartment in the declaration and any other data necessary for its proper identification.
3. The percentage of undivided interest appertaining to the apartment in the common areas and facilities.
4. Any further details which the grantor and grantee may deem desirable to set forth consistent with the declaration and this chapter.
[C66, 71, 73, 75, 77, 79, 81, §499B.5]
2009 Acts, ch 27, §29
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.6 - Copy of the floor plans to be filed.

499B.6 Copy of the floor plans to be filed.
There shall be attached to the declaration, at the time it is filed, a full and an exact copy of the plans of the building, which copy shall be entered of record along with the declaration. The plans shall show graphically all particulars of the building including but not limited to the dimensions, area, and location of common elements affording access to each apartment. Other common elements, both limited and general, shall be shown graphically insofar as possible and shall be certified to by an engineer, architect, or land surveyor, who is licensed to practice that profession in this state.
[C66, 71, 73, 75, 77, 79, 81, §499B.6; 82 Acts, ch 1068, §1]
2007 Acts, ch 22, §85; 2017 Acts, ch 131, §2
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.7 - Interest in common elements — reference to them in instrument.

499B.7 Interest in common elements — reference to them in instrument.
1. The fractional or percentage interest in the general common elements and the fractional or percentage interest in the limited common elements where such exist are hereby declared to be appurtenant to each of the separate apartments.
2. Any conveyance, encumbrance, lien, alienation, or devise of an apartment under a horizontal property regime by any instrument which describes the land and apartment as set forth in section 499B.4 shall also convey, encumber, alienate, devise, or be a lien upon the fractional or percentage interest appurtenant to each such apartment under section 499B.4, subsection 6, to the general common elements, and the respective share or percentage interest to limited common elements where applicable, whether such general common elements or limited common elements are described as in section 499B.4, subsections 4 and 5, by general reference only, or not at all.
[C66, 71, 73, 75, 77, 79, 81, §499B.7]
2015 Acts, ch 29, §67
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.8 - Removal from provisions of this chapter.

499B.8 Removal from provisions of this chapter.
1. All of the apartment owners may remove a property from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the apartments consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the apartment owner in the property as hereinafter provided.
2. Upon removal of the property from the provisions of this chapter, the property shall be deemed to be owned in common by the apartment owners. The undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of undivided interest previously owned by such owner in the common area and facilities.
[C66, 71, 73, 75, 77, 79, 81, §499B.8]
Referred to in §499B.9
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.9 - Removal no bar to subsequent resubmission.

499B.9 Removal no bar to subsequent resubmission.
The removal provided for in section 499B.8 shall in no way bar the subsequent resubmission of the property to the provisions of this chapter.
[C66, 71, 73, 75, 77, 79, 81, §499B.9]
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.10 - Individual apartments and interest in common elements are alienable.

499B.10 Individual apartments and interest in common elements are alienable.
When real property containing a building is committed to a horizontal property regime, each individual apartment located in the building and the interests in the general common elements and limited common elements if any, appurtenant thereto, shall constitute for all purposes a separate parcel of real property and shall be as completely and freely alienable as any separate parcel of real property is or may be under the laws of this state, except as limited by the provisions of this chapter.
[C66, 71, 73, 75, 77, 79, 81, §499B.10]
2000 Acts, ch 1142, §2, 5
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.11 - Real property tax and special assessments — levy on each apartment.

499B.11 Real property tax and special assessments — levy on each apartment.
1. All real property taxes and special assessments shall be assessed and levied on each apartment and its respective appurtenant fractional share or percentage of the land, general common elements and limited common elements where applicable as these apartments and appurtenances are separately owned, and not on the entire horizontal property regime. The fair market value determined for an apartment includes the value of its appurtenant share or percentage of the land, general common elements, and limited common elements.
2. Any exemption from taxes that may exist on real property or the ownership thereof shall not be denied by virtue of the registration of the property under the provisions of this chapter.
[C66, 71, 73, 75, 77, 79, 81, §499B.11]
99 Acts, ch 187, §1, 2; 2000 Acts, ch 1142, §3; 2001 Acts, ch 116, §26
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.12 - Liens against apartments — removal from lien — effect of part payment.

499B.12 Liens against apartments — removal from lien — effect of part payment.
1. Subsequent to recording the declaration provided for in section 499B.3, and while the property remains enrolled in a horizontal property regime, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against the individual apartment and the general common elements and limited common elements where applicable, appurtenant to such apartment, in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership.
2. In the event a lien against two or more apartments becomes effective, the owners of the separate apartments may remove their apartment and the general common elements and limited common elements where applicable appurtenant to such apartment from the lien by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payments shall be computed by reference to the fractions or percentages appearing on the declaration provided for in section 499B.4, subsection 6. Subsequent to any such payment, discharge or other satisfaction the individual apartment and the general common elements and limited common elements applicable appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied or discharged. Such partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce the lienor’s rights against any apartment and the general common elements, limited common elements where applicable appurtenant thereto not so paid, satisfied or discharged.
[C66, 71, 73, 75, 77, 79, 81, §499B.12]
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.13 - Limitation upon availability of partition — exception as to limitation of partition by joint ownership.

499B.13 Limitation upon availability of partition — exception as to limitation of partition by joint ownership.
1. The provisions of chapter 651, relating to partition of real property shall not be available to any owner of any interest in real property included within a regime established under this chapter as against any other owner or owners of any interest or interests in the same regime, so as to terminate the regime.
2. Nothing contained in the chapter shall be construed as a limitation on partition by joint owners of one or more apartments in a regime as to individual ownership of such apartment or apartments without terminating the regime, or as to ownership of such apartment or apartments and lands outside the limits of the regime.
[C66, 71, 73, 75, 77, 79, 81, §499B.13]
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.14 - Bylaws.

499B.14 Bylaws.
The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and such amendment is duly recorded.
[C66, 71, 73, 75, 77, 79, 81, §499B.14]
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.15 - Contents of bylaws.

499B.15 Contents of bylaws.
The bylaws must provide for at least the following:
1. 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. 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. 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. Maintenance, repair, and replacement of the common areas and facilities and payments therefor including the method of approving payment vouchers.
5. Manner of collecting from the apartment owners their share of the common expenses.
6. Designation and removal of personnel necessary for the maintenance, repair and replacement of the common areas and facilities.
7. The percentage of votes required to amend the bylaws.
[C66, 71, 73, 75, 77, 79, 81, §499B.15]
2010 Acts, ch 1080, §1; 2015 Acts, ch 29, §68
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 499B - HORIZONTAL PROPERTY (CONDOMINIUMS) › Section 499B.16 - Disposition of property — destruction or damage.

499B.16 Disposition of property — destruction or damage.
If within thirty days of the date of the damage or destruction to all or part of the property, it is not determined by the council of co-owners to repair, reconstruct or rebuild, then and in that event:
1. The property shall be deemed to be owned in common by the apartment owners;
2. The undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities;
3. Any liens affecting any of the apartments shall be deemed to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the apartment owner in the property as provided herein; and
4. The property shall be subject to an action for partition at the suit of any apartment owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the apartment owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each apartment owner.
[C66, 71, 73, 75, 77, 79, 81, §499B.16]