Iowa Code 499B.4 – Contents of declaration
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The declaration provided for in section 499B.3 shall contain:
1. A description of the land.
Terms Used In Iowa Code 499B.4
- 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. See Iowa Code 499B.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. See Iowa Code 499B.2
- 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. See Iowa Code 499B.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- 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. See Iowa Code 499B.2
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.