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Senate File 2292 - IntroducedA Bill ForAn Act 1relating to regulation of vessels and equipment on
2public lakes by common interest communities and certain
3nonprofit corporations.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 462A.17A Common interest
2communities — regulation of vessels 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 owner” means the same as defined in section 499C.1.
122. Notwithstanding any law to the contrary, a common
13interest community adjacent to or abutting in part a public
14lake may establish policies in the common interest community’s
15bylaws or rules regarding the operation of vessels, including
16but not limited to equipment specifications, upon the public
17lake by unit owners and unit owners’ guests.
183. Notwithstanding section 462A.32, a common interest
19community may communicate the common interest community’s
20policies established under subsection 2 through the use of
21private buoys and other safety-related installations if the use
22of private buoys and other safety-related installations is not
23inconsistent with this chapter, or with rules adopted by the
24commission.
25 Sec. 2. NEW SECTION. 462A.17B Nonprofit corporations —
26regulation of vessels on public lakes.
271. As used in this section:
28a. “Association” means a nonprofit corporation incorporated
29under chapter 504, named as an association, and that manages a
30community located on a subdivision that is adjacent to or abuts
31a public lake.
32b. “Bylaws” means the same as defined in section 504.141.
33c. “Member” means a person who on more than one occasion,
34pursuant to the provisions of an association’s articles or
35bylaws, has a right to vote for the election of a director or
-1-1directors of the association, irrespective of how the member
2is defined in the articles or bylaws of the association, and
3who is a record lot owner of the association. A person is not
4a member because of any of the following:
5(1) The person’s rights as a delegate.
6(2) The person’s rights to designate a director.
7(3) The person’s rights as a director.
8d. “Public lake” means any lake located within the
9boundaries of this state that is a navigable body of water and
10that is lawfully accessible by the general public.
11e. “Rules and regulations” means the rules and regulations
12adopted by the association’s board of directors as authorized
13by the bylaws of the association.
142. Notwithstanding any law to the contrary, an association
15may establish policies in the association’s rules and
16regulations regarding the operation of vessels, including but
17not limited to equipment specifications, upon a public lake
18by the association’s members and the association’s members’
19guests.
203. Notwithstanding section 462A.32, an association may
21communicate the association’s policies established under
22subsection 2 through the use of private buoys and other
23safety-related installations if the use of private buoys and
24other safety-related installations is not inconsistent with
25this chapter, or with rules adopted by the commission.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to the regulation of vessels and equipment
30on public lakes. Notwithstanding existing laws to the
31contrary, the bill allows a common interest community that is
32adjacent to or abutting a public lake to establish policies
33for the common interest community’s owners, and the owners’
34guests, regarding the operation of vessels, including but not
35limited to equipment specification, upon the public lake. The
-2-1bill allows the common interest community to utilize private
2buoys and other safety-related installations to communicate
3the relevant policies if the use is not inconsistent with Code
4chapter 462A (water navigation regulations) or rules adopted by
5the natural resource commission.
6Notwithstanding existing laws to the contrary, the bill
7provides that an association may establish policies for the
8association’s members, and the members’ guests, regarding
9the operation of vessels, including but not limited to
10equipment specification, upon the public lake. The bill also
11allows an association to utilize private buoys and other
12safety-related installations to communicate the relevant
13policies if the use is not inconsistent with Code chapter 462A
14(water navigation regulations) or rules adopted by the natural
15resource commission. The bill defines “association” as a
16nonprofit corporation incorporated under chapter 504, named
17as an association, and that manages a community located on a
18subdivision that is adjacent to or abuts a public lake.
19The bill also defines “public lake” to mean any lake located
20within the boundaries of this state that is a navigable body of
21water and that is lawfully accessible by the general public.
22The terms “common interest community”, “member”, “rule”,
23“bylaws”, “rules and regulations”, and “unit owner” are also
24defined in the bill.
-3-cm/ko
2public lakes by common interest communities and certain
3nonprofit corporations.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 462A.17A Common interest
2communities — regulation of vessels 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 owner” means the same as defined in section 499C.1.
122. Notwithstanding any law to the contrary, a common
13interest community adjacent to or abutting in part a public
14lake may establish policies in the common interest community’s
15bylaws or rules regarding the operation of vessels, including
16but not limited to equipment specifications, upon the public
17lake by unit owners and unit owners’ guests.
183. Notwithstanding section 462A.32, a common interest
19community may communicate the common interest community’s
20policies established under subsection 2 through the use of
21private buoys and other safety-related installations if the use
22of private buoys and other safety-related installations is not
23inconsistent with this chapter, or with rules adopted by the
24commission.
25 Sec. 2. NEW SECTION. 462A.17B Nonprofit corporations —
26regulation of vessels on public lakes.
271. As used in this section:
28a. “Association” means a nonprofit corporation incorporated
29under chapter 504, named as an association, and that manages a
30community located on a subdivision that is adjacent to or abuts
31a public lake.
32b. “Bylaws” means the same as defined in section 504.141.
33c. “Member” means a person who on more than one occasion,
34pursuant to the provisions of an association’s articles or
35bylaws, has a right to vote for the election of a director or
-1-1directors of the association, irrespective of how the member
2is defined in the articles or bylaws of the association, and
3who is a record lot owner of the association. A person is not
4a member because of any of the following:
5(1) The person’s rights as a delegate.
6(2) The person’s rights to designate a director.
7(3) The person’s rights as a director.
8d. “Public lake” means any lake located within the
9boundaries of this state that is a navigable body of water and
10that is lawfully accessible by the general public.
11e. “Rules and regulations” means the rules and regulations
12adopted by the association’s board of directors as authorized
13by the bylaws of the association.
142. Notwithstanding any law to the contrary, an association
15may establish policies in the association’s rules and
16regulations regarding the operation of vessels, including but
17not limited to equipment specifications, upon a public lake
18by the association’s members and the association’s members’
19guests.
203. Notwithstanding section 462A.32, an association may
21communicate the association’s policies established under
22subsection 2 through the use of private buoys and other
23safety-related installations if the use of private buoys and
24other safety-related installations is not inconsistent with
25this chapter, or with rules adopted by the commission.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to the regulation of vessels and equipment
30on public lakes. Notwithstanding existing laws to the
31contrary, the bill allows a common interest community that is
32adjacent to or abutting a public lake to establish policies
33for the common interest community’s owners, and the owners’
34guests, regarding the operation of vessels, including but not
35limited to equipment specification, upon the public lake. The
-2-1bill allows the common interest community to utilize private
2buoys and other safety-related installations to communicate
3the relevant policies if the use is not inconsistent with Code
4chapter 462A (water navigation regulations) or rules adopted by
5the natural resource commission.
6Notwithstanding existing laws to the contrary, the bill
7provides that an association may establish policies for the
8association’s members, and the members’ guests, regarding
9the operation of vessels, including but not limited to
10equipment specification, upon the public lake. The bill also
11allows an association to utilize private buoys and other
12safety-related installations to communicate the relevant
13policies if the use is not inconsistent with Code chapter 462A
14(water navigation regulations) or rules adopted by the natural
15resource commission. The bill defines “association” as a
16nonprofit corporation incorporated under chapter 504, named
17as an association, and that manages a community located on a
18subdivision that is adjacent to or abuts a public lake.
19The bill also defines “public lake” to mean any lake located
20within the boundaries of this state that is a navigable body of
21water and that is lawfully accessible by the general public.
22The terms “common interest community”, “member”, “rule”,
23“bylaws”, “rules and regulations”, and “unit owner” are also
24defined in the bill.
-3-cm/ko