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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 - 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.
]]]] 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.".
]]]] 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
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