96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3064


 
Introduced 2/8/2010, by Sen. Donne E. Trotter
 
SYNOPSIS AS INTRODUCED:
 		





 







805 ILCS 105/103.35 new











     Amends the General Not For Profit Corporation Act of 1986. Provides that a homeowners' association organized under the Act may not, in its own capacity or through its members or any other entity, dredge any  sediment or silt  from a body of water located, in whole or part, within a common area of  the association or redeposit any  of that sediment or silt  on  property within any area of the association, unless certain notice, testing, and compensation requirements are met. Authorizes members of the association to obtain injunctive relief if the requirements of this provision are not met. Effective immediately.
  















LRB096 15292 JDS 30394 b

















 


 


A BILL FOR









 




  






SB3064

LRB096 15292 JDS 30394 b





  
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    AN ACT concerning business.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The General Not For Profit Corporation Act of 
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1986 is amended  by adding Section 103.35 as follows:
 
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    (805 ILCS 105/103.35 new)
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    Sec. 103.35. Homeowners' association; dredging. 
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    (a) A homeowners' association organized under this Act may 
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not, in its own capacity or through its members or any other 
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entity, dredge any  sediment or silt  from a body of water 
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located, in whole or part, within a common area of  the 
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association or redeposit any  dredged materials  on  property 
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within any area of the association, unless the association 
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complies with all of the following:
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        (1) The association  must  conduct the physical, 
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    biological, chemical, and toxicological testing necessary 
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    to establish that neither the disturbance of sediments and 
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    silt by dredging nor the redepositing of dredged materials 
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    on property within any area of the  association will 
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    threaten human health, safety,  or the environment.
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        (2) The association must hold a meeting to vote on 
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    whether to proceed with dredging, redepositing dredged 
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    materials, or both. At least 30 days before the meeting, 
 


 






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    the association must serve on each of its members a written 
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    notice that identifies  (i) the estimated quantity of 
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    sediment, silt, and waste water that will be generated by 
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    the dredging operation, (ii)   the  proposed plan to dispose 
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    of the dredged materials, (iii) the estimated costs of  
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    dredging and disposal, (iv) the areas that will be affected 
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    by dredging and redepositing dredged materials, (v) the 
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    statistically significant findings, if any,  that are 
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    revealed  by  the testing required under item (1) of this 
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    subsection, (vi) the short-term and long-term health, 
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    safety, and environmental risks associated with dredging 
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    and redepositing dredged material on property within any 
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    area of the association, and (vii)  the date, time, and 
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    place of the meeting.
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        (3)  At the meeting, each member of the association who 
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    wishes to do so  shall be given an opportunity to present 
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    testimony and other evidence about his or her concerns with 
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    the proposed action, including any concerns about the 
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    impact of that action on the value of property held by 
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    members of the association. Thereafter, each household of 
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    the association may vote by written ballot to determine 
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    whether to proceed with the proposed action. The dredging 
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    and redepositing of dredged materials within any common 
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    area of the association may not proceed, unless 51% of the 
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    households of the association give their written approval 
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    to do so.
 


 






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        (4) The association must compensate its members for 
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    reasonable costs incurred as a result of property damage 
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    resulting  from  either dredging or redepositing  dredged 
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    material within any area of the association. 
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        (5) The association must ensure that dredged materials 
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    are  not redeposited any closer than  150 feet from property 
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    owned by a member of the association. 
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    (b) If the requirements of this Section are not met, any 
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member of the association may obtain injunctive relief against 
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the association and its officers.
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    (c) This Section applies to all dredging and redepositing 
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of sediment and silt on and after the effective date. 
 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.