House File 2485 - ReprintedA Bill ForAn Act 1relating to regulation of watercraft and equipment on
2public lakes by common interest communities and certain
3nonprofit corporations, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  462A.17A  Common interest
2communities — regulation of watercraft on public lakes.
   31.  As used in this section:
   4a.  “Bylaws” means the same as defined in section 499C.1.
   5b.  “Common interest community” means the same as defined in
6section 499C.1.
   7c.  “Public lake” means any lake located within the
8boundaries of this state that is a navigable body of water and
9that is lawfully accessible by the general public.
   10d.  “Rule” means the same as defined in section 499C.1.
   11e.  “Unit” means the same as defined in section 499C.1.
   12f.  “Unit owner” means the same as defined in section 499C.1.
   132.  Notwithstanding any law to the contrary, a common
14interest community with one thousand or more units that is
15adjacent to or abutting in part a public lake may establish
16policies in the common interest community’s bylaws or rules
17regarding the operation of watercraft, including but not
18limited to equipment specifications. The authority granted to
19a common interest community under this subsection shall only
20apply to unit owners and unit owners’ guests.
   213.  Notwithstanding section 462A.32, a common interest
22community may communicate the common interest community’s
23policies established under subsection 2 through the use of
24private buoys and other safety-related installations until
25the date the commission adopts rules regulating buoys and
26other safety-related installations for the public lake that is
27adjacent to or abuts the common interest community described in
28subsection 2.
   294.  The natural resource commission shall adopt rules
30pursuant to chapter 17A to administer this section.
31   Sec. 2.  NEW SECTION.  462A.17B  Nonprofit corporations —
32regulation of watercraft on public lakes.
   331.  As used in this section:
   34a.  “Association” means a nonprofit corporation incorporated
35under chapter 504, named as an association, and that manages a
-1-1community with one thousand or more units that is located on a
2subdivision that is adjacent to or abuts a public lake.
   3b.  “Bylaws” means the same as defined in section 504.141.
   4c.  “Member” means a person who is a record lot owner of the
5association.
   6d.  “Public lake” means any lake located within the
7boundaries of this state that is a navigable body of water and
8that is lawfully accessible by the general public.
   9e.  “Rules and regulations” means the rules and regulations
10adopted by the association’s board of directors as authorized
11by the bylaws of the association.
   12f.  “Unit” means a dwelling unit designated for separate
13ownership or occupancy or as otherwise defined in the statute
14under which the association is organized.
   152.  Notwithstanding any law to the contrary, an association
16may establish policies in the association’s rules and
17regulations regarding the operation of watercraft, including
18but not limited to equipment specifications. The authority
19granted to an association under this subsection shall only
20apply to the association’s members and the association’s
21members’ guests.
   223.  Notwithstanding section 462A.32, an association may
23communicate the association’s policies established under
24subsection 2 through the use of private buoys and other
25safety-related installations until the date the commission
26adopts rules regulating buoys and other safety-related
27installations for the public lake that is adjacent to or abuts
28the association.
   294.  The natural resource commission shall adopt rules
30pursuant to chapter 17A to administer this section.
31   Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate
32importance, takes effect upon enactment.
cm/ko/md