Iowa Statewide Rule
Iowa HOA & Condo Assessment Liens (Iowa Code § 499B.17)
Key Facts
- Comprehensive HOA act
- None: declaration + contract law govern planned communities
- Condo lien statute
- Iowa Code § 499B.17 (Horizontal Property Act)
- Condo lien priority
- Ahead of all liens except tax liens and a first mortgage of record
- Foreclosure
- Condo lien foreclosed 'in like manner as a mortgage of real property'
- Statutory cap
- None: assessment amount set by declaration/bylaws
Summary
Iowa has no general HOA assessment statute, so a planned-community HOA's lien rights come from its recorded declaration plus contract law. For condominiums under the Horizontal Property Act, Iowa Code § 499B.17 gives the co-owners a priority lien for unpaid common expenses that may be foreclosed like a mortgage.
499B.17 Lien against owner of unit. All sums assessed by the council of co-owners but unpaid for the share of the common expenses chargeable to any apartment shall constitute a lien on such apartment prior to all other liens except only tax liens on the apartment in favor of any assessing unit and special district and all sums unpaid on a first mortgage of record. Such lien may be foreclosed by suit by the council of co-owners or the representatives thereof, acting on behalf of the apartment owners, in like manner as a mortgage of real property. In the event of any such foreclosure, the apartment owner shall be required to pay a reasonable rental for the apartment if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the same.
Full Breakdown
Iowa enacted no comprehensive HOA act, so for a typical planned-community association, assessment authority and any lien or foreclosure remedy flow entirely from the recorded CC&Rs and are enforced as a contract. Condominiums are different: under the Horizontal Property Act, Iowa Code § 499B.17 provides that 'all sums assessed by the council of co-owners but unpaid... shall constitute a lien on such apartment prior to all other liens except only tax liens... and all sums unpaid on a first mortgage of record.' That lien 'may be foreclosed by suit... in like manner as a mortgage of real property,' and the association may bid at the sale. The Act sets no dollar cap, amounts come from the declaration and bylaws (§ 499B.15).
Violations & Penalties
Condo (Ch. 499B): priority statutory lien foreclosable as a mortgage, plus separate money judgment. Planned-community HOA: only the lien/foreclosure remedy written into the recorded declaration; no statutory backup.
Frequently Asked Questions
Can an Iowa HOA foreclose on my home for unpaid dues?
Where does a condo assessment lien rank in Iowa?
Is there a cap on Iowa HOA assessments?
Sources
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