Horizontal Property Act
Iowa · Horizontal Property (Condominiums) · §§ 499B.1 to 499B.9 · 21 sections
Overview
The Horizontal Property Act governs condominium-style ownership, allowing a property to be divided into separately owned apartments held alongside common elements that belong to all owners in common and cannot be partitioned. A regime is created by recording a master deed or lease together with plot and building plans identifying each apartment, and the property is then administered by a council of co-owners under bylaws that set the system of administration, allocate common expenses, and back unpaid assessments with a lien enforceable against the apartment and its later purchasers. The act further covers insurance, repair or reconstruction after fire or other damage, separate tax assessment of individual apartments, termination of the regime through waiver and merger, and the conversion of rental units to condominiums, including the notices, purchase offers, and disclosures owed to existing tenants.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 1 court decision.
Most-cited authority: 757 N.W.2d 172 - Timberland Partners XXI, LLP v. Iowa Department of Revenue
Sections covered
- Iowa Code § 499B.1Short title
- Iowa Code § 499B.10Individual apartments and interest in common elements are alienable1 cite
- Iowa Code § 499B.11Real property tax and special assessments — levy on each apartment
- Iowa Code § 499B.12Liens against apartments — removal from lien — effect of part payment
- Iowa Code § 499B.13Limitation upon availability of partition — exception as to limitation of partition by joint ownership
- Iowa Code § 499B.14Bylaws
- Iowa Code § 499B.15Contents of bylaws
- Iowa Code § 499B.16Disposition of property — destruction or damage
- Iowa Code § 499B.17Lien against owner of unit
- Iowa Code § 499B.18Common expenses before foreclosure
- Iowa Code § 499B.19Common expenses after voluntary conveyance
- Iowa Code § 499B.2Definitions
- Iowa Code § 499B.20Conversions to meet building codes
- Iowa Code § 499B.21Effect of documents and instruments
- Iowa Code § 499B.3Recording of declaration to submit property to regime
- Iowa Code § 499B.4Contents of declaration
- Iowa Code § 499B.5Contents of deeds of apartments
- Iowa Code § 499B.6Copy of the floor plans to be filed
- Iowa Code § 499B.7Interest in common elements — reference to them in instrument
- Iowa Code § 499B.8Removal from provisions of this chapter
- Iowa Code § 499B.9Removal no bar to subsequent resubmission
Enacted in other states
Arkansas, District of Columbia, New Jersey, South Carolina, Tennessee
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