499B.1 SHORT TITLE.
This chapter shall be known as the "Horizontal Property Act."
Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.1]
499B.2 DEFINITIONS.
Unless it is plainly evident from the context that a different
meaning is intended, as used herein:
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.2]
Referred to in § 103.22, 103.23
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.
Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.3] Section History: Recent Form
2000 Acts, ch 1142, §1, 5; 2004 Acts, ch 1086, §81; 2009 Acts, ch
27, §28
Referred to in § 499B.4, 499B.12
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.4]
Referred to in § 499B.5, 499B.7, 499B.12
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.5] Section History: Recent Form
2009 Acts, ch 27, §29
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 registered or licensed to
practice that profession in this state. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.6; 82 Acts, ch 1068, § 1] Section History: Recent Form
2007 Acts, ch 22, §85
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.7]
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.8]
Referred to in § 499B.9
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.9]
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.10] Section History: Recent Form
2000 Acts, ch 1142, §2, 5
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.
Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.11] Section History: Recent Form
99 Acts, ch 187, §1, 2; 2000 Acts, ch 1142, §3; 2001 Acts, ch 116,
§26
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.12]
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.13]
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.14]
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. 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.
3. Maintenance, repair and replacement of the common areas and
facilities and payments therefor including the method of approving
payment vouchers.
4. Manner of collecting from the apartment owners their share of
the common expenses.
5. Designation and removal of personnel necessary for the
maintenance, repair and replacement of the common areas and
facilities.
6. The percentage of votes required to amend the bylaws. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.15]
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.16]
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 (1) tax liens on the apartment in favor of any assessing unit
and special district, and (2) all sums unpaid on a first mortgage of
record. Such lien may be foreclosed by suit by the council of
co-owners or the representatives thereof, acting on behalf of the
apartment owners, in like manner as a mortgage of real property. In
the event of any such foreclosure, the apartment owner shall be
required to pay a reasonable rental for the apartment if so provided
in the bylaws, and the plaintiff in such foreclosure shall be
entitled to the appointment of a receiver to collect the same. The
council of co-owners or the representatives thereof, acting on behalf
of the apartment owners, shall have power, unless prohibited by the
declaration, to bid in the apartment at foreclosure sale, and to
acquire and hold, lease, mortgage and convey the same. Suit to
recover a money judgment for unpaid common expenses shall be
maintainable without foreclosing or waiving the lien securing the
same. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.17]
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 co-owners
chargeable to such apartment which became due prior to the
acquisition of title to such apartment by such acquirer. Such unpaid
share of common expenses or assessments shall be deemed to be common
expenses collectible from all of the apartment owners including such
acquirer, the acquirer's successors and assigns. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.18]
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 amounts paid
by the grantee therefor. However, any such grantee shall be entitled
to a statement from the council of co-owners or its representatives,
setting forth the amount of the unpaid assessments against the
grantor and such grantee shall not be liable for, nor shall the
apartment conveyed be subject to a lien for, any unpaid assessments
against the grantor in excess of the amount therein set forth. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 499B.19]
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 the local
city or county does not have a building code. For purposes of this
section, if the structure is located in a city, the city building
code applies and if the structure is located in the unincorporated
area of the county, the county building code applies. Section History: Recent Form
2000 Acts, ch 1142, §4, 5; 2004 Acts, ch 1086, §82
Referred to in § 499B.3