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

1     AN ACT concerning business.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The General Not For Profit Corporation Act of
5 1986 is amended by adding Section 103.35 as follows:
 
6     (805 ILCS 105/103.35 new)
7     Sec. 103.35. Homeowners' association; dredging.
8     (a) A homeowners' association organized under this Act may
9 not, in its own capacity or through its members or any other
10 entity, dredge any sediment or silt from a body of water
11 located, in whole or part, within a common area of the
12 association or redeposit any dredged materials on property
13 within any area of the association, unless the association
14 complies with all of the following:
15         (1) The association must conduct the physical,
16     biological, chemical, and toxicological testing necessary
17     to establish that neither the disturbance of sediments and
18     silt by dredging nor the redepositing of dredged materials
19     on property within any area of the association will
20     threaten human health, safety, or the environment.
21         (2) The association must hold a meeting to vote on
22     whether to proceed with dredging, redepositing dredged
23     materials, or both. At least 30 days before the meeting,

 

 

SB3064 - 2 - LRB096 15292 JDS 30394 b

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

 

 

SB3064 - 3 - LRB096 15292 JDS 30394 b

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