General Assembly: 85 (2014 Regular GA) - Chapter 1067 - Use restrictions on land

Published: 2014-04-03

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S.F. 2315

AN ACT relating to the scope and nature of use restrictions on land.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 614.24, Code 2014, is amended by adding the following new subsection: NEW SUBSECTION. 4. As used in this section, “use restrictions” means a limitation or

prohibition on the rights of a landowner to make use of the landowner’s real estate, including but not limited to limitations or prohibitions on commercial uses, rental use, parking and storage of recreational vehicles and their attachments, ownership of pets, outdoor domestic uses, construction and use of accessory structures, building dimensions and colors, building construction materials, and landscaping. As used in this section, “use restrictions” does not include any of the following: a. An easement granting a person an affirmative right to use land in the possession of

another person including but not limited to an easement for pedestrian or vehicular access, reasonable ingress and egress, solar access, utilities, supporting utilities, parking areas, bicycle paths, and water flow. b. An agreement between two or more parcel owners providing for the sharing of costs

and other obligations for real estate taxes, insurance premiums, and for maintenance, repair, improvements, services, or other costs related to two or more parcels of real estate regardless of whether the parties to the agreement are owners of individual lots or incorporated or unincorporated lots or have ownership interests in common areas in a horizontal property regime or residential housing development. c. An agreement between two or more parcel owners for the joint use and maintenance

of driveways, party walls, landscaping, fences, wells, roads, common areas, waterways, or bodies of water.

Approved April 3, 2014

Thu Aug 14 17:00:02 2014 1/ 1