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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved 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.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN 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 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