As used in this chapter, unless the context otherwise requires:
1.“Bylaws” means the instruments, however denominated, that contain the procedures
for conducting the affairs of a unit owners association or an executive board regardless of the
form in which the association is organized, including any amendments to such instruments.
2.“Common element” means:
a.For a cooperative under chapter 499A or a horizontal property regime under chapter
499B, all portions of the common interest community other than the units.
b.For a planned community, any real estate within the planned community which is
owned or leased by the unit owners association, other than a unit.
c.For all common interest communities, any other interests in real estate for the benefit
of unit owners identified in the declar
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As used in this chapter, unless the context otherwise requires:
1. “Bylaws” means the instruments, however denominated, that contain the procedures
for conducting the affairs of a unit owners association or an executive board regardless of the
form in which the association is organized, including any amendments to such instruments.
2. “Common element” means:
a. For a cooperative under chapter 499A or a horizontal property regime under chapter
499B, all portions of the common interest community other than the units.
b. For a planned community, any real estate within the planned community which is
owned or leased by the unit owners association, other than a unit.
c. For all common interest communities, any other interests in real estate for the benefit
of unit owners identified in the declaration.
3. a. “Common interest community” means real estate described in a declaration with
respect to which a person, by virtue of the person’s ownership of a unit, is obligated to pay
for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or
services or other expenses related to, common elements, other units, or other real estate
described in the declaration. “Common interest community” includes a planned community,
a cooperative under chapter 499A, and a horizontal property regime under chapter 499B.
b. “Common interest community” does not include:
(1) A covenant that requires the owners of separate parcels of real estate to share costs or
other obligations related to a wall, driveway, well, or other similar structure, unless all such
owners consent in writing to the creation of a common interest community.
(2) Real estate described in paragraph “a” if all units are owned by a single owner.
(3) Real estate described in paragraph “a” that is managed by the original developer of
the real estate.
4. “Declarant” means a person or group of persons who, as the record title owner of real
estate, by a declaration, creates a common interest community.
5. “Declaration” means the instrument, however denominated, that creates a common
interest community, including any amendments to the instrument.
6. “Executive board” means the body, regardless of name, designated in the declaration
or bylaws to act on behalf of a unit owners association.
7. “Planned community” means a common interest community that is not solely a
cooperative under chapter 499A or solely a horizontal property regime under chapter 499B,
and includes property owner or homeowner associations. A cooperative under chapter 499A
or a horizontal property regime under chapter 499B, however, may be part of a planned
community.
8. “Rule” means a policy, guideline, restriction, procedure, or regulation, however
denominated, which is not set forth in the declaration or bylaws. For a common interest
community comprised of less than one thousand units, “rule” does not include, mean, or
attempt to effectuate a restrictive covenant that has expired.
9. “Unit” means a portion of a common interest community designated for separate
ownership or occupancy or as otherwise defined in the statute under which the common
interest community is organized, including but not limited to an apartment as defined in
section 499B.2.
10. “Unit owner” means a declarant or other person that owns a unit, but does not include
a person having an interest in a unit solely as security for an obligation. In a horizontal
property regime under chapter 499B or a planned community, the declarant is the owner of
§499C.1, UNIT OWNERS ASSOCIATIONS — ACCESS TO RECORDS 2
a unit. In a cooperative under chapter 499A, the declarant is the owner of any unit to which
an interest has been allocated until that unit has been conveyed to another person.
11. “Unit owners association” means an association, regardless of name, organized
as a for-profit or nonprofit corporation, trust, limited liability company, partnership,
unincorporated association, or any other form of organization authorized by the laws of this
state, the membership of which consists solely of unit owners except following termination
of the common interest community, at which time the association shall consist of all former
unit owners entitled to distributions of proceeds or their heirs, successors, or assigns.