find HOA lawyer in Iowa

Our HOA has negelected to review/update their governing documents since early 1990's when last amendment was added. We have a committee formed to look into our options and are wondering whether an attorney familiar with Iowa HOA documents could be located. We understand that HOA emphasis is different than Real Estate. Any feedback would be appreciated as we address all our old documents. We are under the impression that we can start over with By-Laws, but need to address the the Declaration, Covenants, and Restrictions first put out by the developer in 1979. We have three (3) living situations: Condo, Townhouse, and Bi-Attached.

Good advice from Sheila. also check with CAI -- Community Associations Institute--for the attorney member in your area.

There are no CAI chapters in Iowa. They say to call CAI at (888) 224-4321 to find the chapter nearest you. Worth a try.

This blog may give you a lead. I have not used this guy, but he seems knowledgeable.
https://amesiowalaw.wordpress.com/2011/03/02/common-interest-ownership/

You have some calling to do. Let us know how you make out, since the experience may help others.

As I mentioned to Luke, find a firm that has done it before and has the same documents that you need so they can copy the right sections rather than drafting new stuff. You don't want to lawyer who is new to it.

In other states, some law firms specialize in just HOA and condos, but I have not heard of any like that in Iowa. We seem to have law firms where real estate is one their areas of practice. If they have done enough real estate, they will have some knowledge of HOAs and condos.

If it were me, I would start by getting a handle on what documents you have to work with. It would help you to know the names and dates of each of your governing documents, in other words the name that the document itself uses, such as covenant, declaration of what, amendment to what, bylaws of which, etc. People often use the word "bylaw," but that is only one kind of document.

Can you post here the names/types and dates of your governing documents? (Don't reveal the names of your community.)

Your document #1 has the typical language of a condominium declaration, where there is a "submission" to a "horizontal property" regime, which is the legal term (in Iowa and a few other states) for a condominium. Does this declaration say horizontal property or 499B?

If both your condominiums and townhouses are listed in this condominium declaration, then both what you call townhouses and what you call the condominiums are part of one condominium regime.

According to Iowa law, the bylaws of a condominium are a part of the declaration, and should be recorded with the declaration, possibly as a separate exhibit to the declaration.

Condominium declarations do not expire. However, parts of the other covenants, such as your document #2, expire after 21 years unless they are renewed within the 21 years. In general, provisions that deal with cost sharing and maintenance and possibly the HOA do not expire, but the "use restrictions" such as restrictions on construction, sheds and appearance do expire. You can find articles on the internet on Iowa covenants expire, and you may also find law firms that wrote the articles.

Do you know if any of the amendments renewed the covenants (#2)? A competant attorney should have renewed them. This is one of the first big issues to work out when you get an attorney. If your last amendment was in 1996, then these covenants have partly expired.

What is incorporated, the condominium (document #1) or another HOA that may have been set up by the other covenants (document #2)? Does document number 2 set up an HOA?

Regarding the bi-attached. Are they covered by the restrictions in #2?

I suggest you go to your county Recorder and ask to see all the documents for your community, to be sure you have everything.