Iowa Code § 499B.1
Short title
This chapter shall be known as the “Horizontal Property Act”.
Iowa Code Chapter 499B — Horizontal Property (Condominiums)
Iowa · statute · Iowa Code ch. 499B · 21 active provisions
Iowa Code § 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 resid…
Iowa Code § 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…
Iowa Code § 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 stateme…
Iowa Code § 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.…
Iowa Code § 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 o…
Iowa Code § 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…
Iowa Code § 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 pe…
Iowa Code § 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.
Iowa Code § 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 shal…
Iowa Code § 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 ent…
Iowa Code § 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 apartmen…
Iowa Code § 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. No…
Iowa Code § 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.
Iowa Code § 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…
Iowa Code § 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 prope…
Iowa Code § 499B.17
Lien against owner of unit
All sums assessed by the council of co-owners but unpaid for the share of the common expenses chargeable to any apartment shall constitute a lien on such apartment prior to all other liens except only tax liens on the apartment in favor of any assessing unit and special district and all sums unpaid on a first mortgage…
Iowa Code § 499B.18
Common expenses before foreclosure
Where the mortgagee of a first mortgage of record or other purchaser of an apartment obtains title to the apartment as a result of foreclosure of the first mortgage, such acquirer of title, the acquirer’s successors and assigns, shall not be liable for the share of the common expenses or assessments by the council of c…
Iowa Code § 499B.19
Common expenses after voluntary conveyance
In a voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the grantor’s share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee’s right to recover from the grantor the am…
Iowa Code § 499B.20
Conversions to meet building codes
After April 25, 2000, an existing structure shall not be converted to a horizontal property regime unless the converted structure meets local city or county, as applicable, building code requirements in effect on the date of conversion or the state building code requirements, as adopted pursuant to section 103A.7, if t…
Iowa Code § 499B.21
Effect of documents and instruments
1. Unless amended or terminated 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 horizontal property regime remains in existence: a. The declaration of the horizontal prope…