Iowa Code » Chapter 499B — HORIZONTAL PROPERTY (CONDOMINIUMS)
Iowa Code

Iowa Code § 499B.3 (2026)

Recording of declaration to submit property to regime

✓ current as of July 2026
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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.

3. A declaration under this section for a horizontal property regime proposed to be located within an area of review established by a city under section 354.9 shall, in addition to being submitted to the county, be submitted to the city for review and approval. [C66, 71, 73, 75, 77, 79, 81, §499B.3] 2000 Acts, ch 1142, §1, 5; 2004 Acts, ch 1086, §81; 2009 Acts, ch 27, §28; 2010 Acts, ch 1051, §2 Referred to in §499B.4, 499B.12 \n

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1987–2026 · leading case: FirstCentral Bank v. White, 400 N.W.2d 534 (Iowa 1987).
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FirstCentral Bank v. White, 400 N.W.2d 534 (Iowa 1987). · cites it 6× “Iowa Code section 499B.3 prescribes the initial steps in the establishment of a “horizontal property regime” or condominium: 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…”
Michael Holmstedt v. Lexington East Unit One Owners Ass'n Bd. of Directors (Iowa Ct. App. 2026). · cites it 2× “, Iowa Code § 499B.3 (2020). And while the statute does not require incorporating a nonprofit association to conduct the business and affairs of the “council of co-owners”—the operative statutory term—it authorizes the organization of a nonprofit corporation for that purpose.”
Becky Rice, Kim Cosgriff, Bobbie Sala, Dwyla Mosher, Suzanne Neu, James Neu, & Julie Young v. Providence Pointe, L.C., Providence Pointe Condo. Ass'n, Inc., Providence Point Condos., L.C., Providence Point Owner One, L.C., Providence Point Owner Two, L.C., Providence Point Owner Three, L.C., Two Rivers Bank & Trust, Haverkamp Props., L.L.C., & Brent Haverkamp (Iowa Ct. App. 2014). · cites it 2× “See Iowa Code §§ 499B.3 (recording of declaration to submit property to regime), 499B.”
Shelley Barnes & Cameron Barnes v. CDM Rentals, LLC (Iowa 2023). “§§ 499B.3–.4. A company called CDM Rentals, LLC, purchased a condominium in Brook Run Park.”
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