Question:
We have always been a self-managed HOA. Last year a whole new board was voted in. things have really gone downhill and the president is in the middle of it and picks and chooses what rules to follow. The president and about three of her friends are not following the rules. We took on a management agent in Jan who does nothing except the book and takes direction from the board. She is very rude to members and the president thinks she makes all the decision with no input from the board and okaying things for her friends. The management company is telingl us that our rules need to be recorded. the only thing I can find in Iowa law is; If a HOA was established after 2002 all documents associated with the HOA need to be recorded. Our HOA was established in 1974. Do rules need to be recorded in Iowa?
– Cecilia
Answer:
Iowa does not have very comprehensive laws that apply to all homeowners associations. The Iowa Horizontal Property Act applies to condominiums. This Act requires horizontal property regimes to record their declaration with the county recorder’s office. With little to no statutory guidance, most HOAs defer to their governing documents. Your governing documents should be able to tell you the obligations and duties of the HOA and the homeowners. Rule changes will either require a vote from the homeowners or a simple board resolution, depending on your HOA’s requirements. For most HOAs, amendments to the CC&Rs require a membership vote, while changes to the operating rules only require the board’s approval.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
