2005 Legislation
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SENATE BILL NO. 1039 – Condo, mngmt body, process service

SENATE BILL NO. 1039

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Bill Status



S1039aa..............................................by JUDICIARY AND RULES
CONDOMINIUMS - Amends existing law to provide for service of process upon a
management body of a condominium development that has been incorporated.
                                                                        
01/20    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Jud
02/01    Rpt out - to 14th Ord
02/16    Rpt out amen - to engros
02/17    Rpt engros - 1st rdg - to 2nd rdg as amen
02/18    2nd rdg - to 3rd rdg as amen
02/22    3rd rdg as amen - PASSED - 27-0-8
      AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Coiner,
      Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Jorgenson, Kelly, Keough, Little, Lodge, Marley, McGee, McKenzie,
      Richardson, Schroeder, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Brandt, Burtenshaw, Langhorst, Malepeai, Noble,
      Pearce, Sweet, Williams
    Floor Sponsor - Davis
    Title apvd - to House
02/23    House intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Martinez
    Floor Sponsor - Wills
    Title apvd - to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed
03/18    Sp signed
03/21    To Governor
03/23    Governor signed
         Session Law Chapter 110
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1039
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CONDOMINIUMS; AMENDING SECTION 55-1512, IDAHO CODE, TO PROVIDE FOR
  3        SERVICE OF PROCESS UPON A MANAGEMENT BODY  OF  A  CONDOMINIUM  DEVELOPMENT
  4        THAT HAS BEEN INCORPORATED.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 55-1512, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        55-1512.  ACTIONS RELATING  TO  COMMON  AREAS  --  PERSONS  DESIGNATED  TO
  9    RECEIVE  PROCESS  --  NEW DESIGNATION FILED -- SERVICE ON AUDITOR -- COPY FROM
 10    AUDITOR TO MANAGEMENT BODY -- APPLICATION OF  CORPORATE  LAW.  Except  when  a
 11    domestic  corporation  has  been  formed  and designated in the declaration to
 12    serve as the management body to administer the project, aAt the time the  dec-
 13    laration  is  recorded  one (1) or more persons shall be designated to receive
 14    service of process in any action relating to the common areas and  facilities.
 15    Such designation shall be filed with the county auditor in the county in which
 16    the  project  is  located together with an acknowledgment in writing of accep-
 17    tance of such designation by the person so designated. The  person  so  desig-
 18    nated  shall be a resident of the state of Idaho, and service upon such person
 19    shall be the exclusive method of service in any action relating to the  common
 20    areas  and facilities. Upon termination of such person's capacity or authority
 21    to receive service, a new designation shall be made by the management body  of
 22    the  project,  and  such designation shall be filed with the county auditor in
 23    the county in which the project is located together with an acknowledgment  in
 24    writing  of  acceptance  of such designation by the person so designated. Upon
 25    failure to so designate a person to receive service of  process  and  to  file
 26    such  designation and acceptance of such designation, service may be made upon
 27    the county auditor with like effect as though said service were  made  upon  a
 28    person designated, and it shall be the duty of the county auditor to forward a
 29    copy  of  such summons served on him by registered mail to the management body
 30    of the project at the address or location last known, but no  failure  on  the
 31    part  of  the  county  auditor  to  mail such copy of summons shall affect the
 32    validity of the service thereof. When a corporate organization is  formed  and
 33    designated as the management body, service of process on the corporation shall
 34    not be governed by the provisions hereinabove set forth but shall be made upon
 35    the  registered agent of the corporation designated in accordance with the law
 36    of corporations.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Davis               
                                                                        
                                                     Seconded by McGee               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1039
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 34 through 36 and insert:  "be
  3    as permitted by law, and the Idaho rules of civil procedure.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1039, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CONDOMINIUMS; AMENDING SECTION 55-1512, IDAHO CODE, TO PROVIDE FOR
  3        SERVICE OF PROCESS UPON A MANAGEMENT BODY  OF  A  CONDOMINIUM  DEVELOPMENT
  4        THAT HAS BEEN INCORPORATED.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 55-1512, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        55-1512.  ACTIONS RELATING  TO  COMMON  AREAS  --  PERSONS  DESIGNATED  TO
  9    RECEIVE  PROCESS  --  NEW DESIGNATION FILED -- SERVICE ON AUDITOR -- COPY FROM
 10    AUDITOR TO MANAGEMENT BODY -- APPLICATION OF  CORPORATE  LAW.  Except  when  a
 11    domestic  corporation  has  been  formed  and designated in the declaration to
 12    serve as the management body to administer the project, aAt the time the  dec-
 13    laration  is  recorded  one (1) or more persons shall be designated to receive
 14    service of process in any action relating to the common areas and  facilities.
 15    Such designation shall be filed with the county auditor in the county in which
 16    the  project  is  located together with an acknowledgment in writing of accep-
 17    tance of such designation by the person so designated. The  person  so  desig-
 18    nated  shall be a resident of the state of Idaho, and service upon such person
 19    shall be the exclusive method of service in any action relating to the  common
 20    areas  and facilities. Upon termination of such person's capacity or authority
 21    to receive service, a new designation shall be made by the management body  of
 22    the  project,  and  such designation shall be filed with the county auditor in
 23    the county in which the project is located together with an acknowledgment  in
 24    writing  of  acceptance  of such designation by the person so designated. Upon
 25    failure to so designate a person to receive service of  process  and  to  file
 26    such  designation and acceptance of such designation, service may be made upon
 27    the county auditor with like effect as though said service were  made  upon  a
 28    person designated, and it shall be the duty of the county auditor to forward a
 29    copy  of  such summons served on him by registered mail to the management body
 30    of the project at the address or location last known, but no  failure  on  the
 31    part  of  the  county  auditor  to  mail such copy of summons shall affect the
 32    validity of the service thereof. When a corporate organization is  formed  and
 33    designated as the management body, service of process on the corporation shall
 34    be as permitted by law, and the Idaho rules of civil procedure.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14574

This legislation amends the method of service of process on a
corporation formed for condominiums.  It provides that service of
process on a corporation shall be on the registered agent of the
corporation.

  
                          FISCAL IMPACT

None


Contact
Name: Bart Davis 
Phone: 332-1305


STATEMENT OF PURPOSE/FISCAL NOTE                   S 1039