SB3064 Engrossed

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) Except as provided in subsection (c), a homeowners' 
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association organized under this Act may not, in its own 
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capacity or through its members or any other entity, dredge any  
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sediment or silt  from a body of water located, in whole or 
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part, within a common area of  the association or redeposit any  
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dredged materials  on  property within any area of the 
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association, unless the association complies with all of the 
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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 33% of the 
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    members of the homeowners' association give their written 
 


 






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    approval 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, but this 
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Section does not apply to a homeowners' association that has 
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more than 400 members. 
 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.