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House File 2485 - IntroducedA 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, upon the public lake by
19unit owners and unit owners’ guests.
203. Notwithstanding section 462A.32, a common interest
21community may communicate the common interest community’s
22policies established under subsection 2 through the use of
23private buoys and other safety-related installations until
24the date the commission adopts rules regulating buoys and
25other safety-related installations for the public lake that is
26adjacent to or abuts the common interest community described in
27subsection 2.
284. The natural resource commission shall adopt rules
29pursuant to chapter 17A to administer this section.
30 Sec. 2. NEW SECTION. 462A.17B Nonprofit corporations —
31regulation of watercraft on public lakes.
321. As used in this section:
33a. “Association” means a nonprofit corporation incorporated
34under chapter 504, named as an association, and that manages a
35community with one thousand or more units that is located on a
-1-1subdivision that is adjacent to or abuts a public lake.
2b. “Bylaws” means the same as defined in section 504.141.
3c. “Member” means a person who on more than one occasion,
4pursuant to the provisions of an association’s articles or
5bylaws, has a right to vote for the election of a director or
6directors of the association, irrespective of how the member
7is defined in the articles or bylaws of the association, and
8who is a record lot owner of the association. A person is not
9a member because of any of the following:
10(1) The person’s rights as a delegate.
11(2) The person’s rights to designate a director.
12(3) The person’s rights as a director.
13d. “Public lake” means any lake located within the
14boundaries of this state that is a navigable body of water and
15that is lawfully accessible by the general public.
16e. “Rules and regulations” means the rules and regulations
17adopted by the association’s board of directors as authorized
18by the bylaws of the association.
19f. “Unit” means a portion of an association designated for
20separate ownership or occupancy or as otherwise defined in the
21statute under which the association is organized.
222. Notwithstanding any law to the contrary, an association
23may establish policies in the association’s rules and
24regulations regarding the operation of watercraft, including
25but not limited to equipment specifications, upon a public lake
26by the association’s members and the association’s members’
27guests.
283. Notwithstanding section 462A.32, an association may
29communicate the association’s policies established under
30subsection 2 through the use of private buoys and other
31safety-related installations until the date the commission
32adopts rules regulating buoys and other safety-related
33installations for the public lake that is adjacent to or abuts
34the association.
354. The natural resource commission shall adopt rules
-2-1pursuant to chapter 17A to administer this section.
2 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
3importance, takes effect upon enactment.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the regulation of watercraft and
8equipment on public lakes. Notwithstanding any law to
9the contrary, the bill allows a common interest community
10with 1,000 units or more that is adjacent to or abutting a
11public lake to establish policies for the common interest
12community’s owners, and the owners’ guests, regarding the
13operation of watercraft, including but not limited to equipment
14specifications, upon the public lake. The bill allows the
15common interest community to utilize private buoys and other
16safety-related installations to communicate the relevant
17policies until the natural resource commission adopts rules
18regulating buoys and other safety-related installations for the
19public lake that is adjacent to or abuts the common interest
20community.
21Notwithstanding any law to the contrary, the bill
22provides that an association may establish policies for the
23association’s members, and the members’ guests, regarding the
24operation of watercraft, including but not limited to equipment
25specifications, upon the public lake. The bill also allows an
26association to utilize private buoys and other safety-related
27installations to communicate the relevant policies until the
28natural resource commission adopts rules regulating buoys and
29other safety-related installations for the public lake that
30is adjacent to or abuts the association. The bill defines
31“association” as a nonprofit corporation incorporated under
32Code chapter 504, named as an association, and that manages
33a community with 1,000 units or more that is located on a
34subdivision that is adjacent to or abuts a public lake.
35The bill also defines “public lake” to mean any lake located
-3-1within the boundaries of this state that is a navigable body of
2water and that is lawfully accessible by the general public.
3The terms “common interest community”, “member”, “rule”,
4“bylaws”, “rules and regulations”, “unit”, and “unit owner” are
5also defined in the bill.
-4-cm/ko
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, upon the public lake by
19unit owners and unit owners’ guests.
203. Notwithstanding section 462A.32, a common interest
21community may communicate the common interest community’s
22policies established under subsection 2 through the use of
23private buoys and other safety-related installations until
24the date the commission adopts rules regulating buoys and
25other safety-related installations for the public lake that is
26adjacent to or abuts the common interest community described in
27subsection 2.
284. The natural resource commission shall adopt rules
29pursuant to chapter 17A to administer this section.
30 Sec. 2. NEW SECTION. 462A.17B Nonprofit corporations —
31regulation of watercraft on public lakes.
321. As used in this section:
33a. “Association” means a nonprofit corporation incorporated
34under chapter 504, named as an association, and that manages a
35community with one thousand or more units that is located on a
-1-1subdivision that is adjacent to or abuts a public lake.
2b. “Bylaws” means the same as defined in section 504.141.
3c. “Member” means a person who on more than one occasion,
4pursuant to the provisions of an association’s articles or
5bylaws, has a right to vote for the election of a director or
6directors of the association, irrespective of how the member
7is defined in the articles or bylaws of the association, and
8who is a record lot owner of the association. A person is not
9a member because of any of the following:
10(1) The person’s rights as a delegate.
11(2) The person’s rights to designate a director.
12(3) The person’s rights as a director.
13d. “Public lake” means any lake located within the
14boundaries of this state that is a navigable body of water and
15that is lawfully accessible by the general public.
16e. “Rules and regulations” means the rules and regulations
17adopted by the association’s board of directors as authorized
18by the bylaws of the association.
19f. “Unit” means a portion of an association designated for
20separate ownership or occupancy or as otherwise defined in the
21statute under which the association is organized.
222. Notwithstanding any law to the contrary, an association
23may establish policies in the association’s rules and
24regulations regarding the operation of watercraft, including
25but not limited to equipment specifications, upon a public lake
26by the association’s members and the association’s members’
27guests.
283. Notwithstanding section 462A.32, an association may
29communicate the association’s policies established under
30subsection 2 through the use of private buoys and other
31safety-related installations until the date the commission
32adopts rules regulating buoys and other safety-related
33installations for the public lake that is adjacent to or abuts
34the association.
354. The natural resource commission shall adopt rules
-2-1pursuant to chapter 17A to administer this section.
2 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
3importance, takes effect upon enactment.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the regulation of watercraft and
8equipment on public lakes. Notwithstanding any law to
9the contrary, the bill allows a common interest community
10with 1,000 units or more that is adjacent to or abutting a
11public lake to establish policies for the common interest
12community’s owners, and the owners’ guests, regarding the
13operation of watercraft, including but not limited to equipment
14specifications, upon the public lake. The bill allows the
15common interest community to utilize private buoys and other
16safety-related installations to communicate the relevant
17policies until the natural resource commission adopts rules
18regulating buoys and other safety-related installations for the
19public lake that is adjacent to or abuts the common interest
20community.
21Notwithstanding any law to the contrary, the bill
22provides that an association may establish policies for the
23association’s members, and the members’ guests, regarding the
24operation of watercraft, including but not limited to equipment
25specifications, upon the public lake. The bill also allows an
26association to utilize private buoys and other safety-related
27installations to communicate the relevant policies until the
28natural resource commission adopts rules regulating buoys and
29other safety-related installations for the public lake that
30is adjacent to or abuts the association. The bill defines
31“association” as a nonprofit corporation incorporated under
32Code chapter 504, named as an association, and that manages
33a community with 1,000 units or more that is located on a
34subdivision that is adjacent to or abuts a public lake.
35The bill also defines “public lake” to mean any lake located
-3-1within the boundaries of this state that is a navigable body of
2water and that is lawfully accessible by the general public.
3The terms “common interest community”, “member”, “rule”,
4“bylaws”, “rules and regulations”, “unit”, and “unit owner” are
5also defined in the bill.
-4-cm/ko