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BobS1
(Illinois)
Posts:1
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| 06/14/2006 9:45 AM |
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I was just elected Board President of my association. Our bylaws clearly state that "no person shall engage in conduct which would tend to change the shoreline, water level or depth of the Lake'. We are a small HOA community of 20 houses with 16 houses directly on a 9 acre lake. Out of the 16 houses , 7 have lawn irrigation systems that pull water from the lake. I have recieved complaints from 3 members who want this bylaw to be enforced. Previous boards did not address this issue since a majority of the board members had installed irrigation systems. I did some checking and in Illinois we use the 'Riparian Doctrine' rule of law which states that any property owner with direct stream or lake access has the right to use water from the lake for such things as lawn irrigation. My question, does the Riparian Doctrine supersede our HOA convenants?
A secondary question that only applies if the HOA bylaws do supersede the 'Riparian Doctrine'. We have an association member, who's property lies behind the overflow drainage culvert (downstream) next to the dam from the main lake who's property contained the drainage channel which emptied the lake overflow into a small stream located in the flood plain. The homeowener, at his own expense, built a secondary dam with overflow discharge culverts to create a small 1 acre pond on his property. Discharge from these overflow culverts goes into the small stream located in the flood plain. His dam level with overflow discharge culverts was established as to not intefere with the water level of the main lake while still meeting all DNR water overflow discharge requirements. The drainage culvert from the main lake was changed last year. It sits lower than the previous culvert. Therefore, the lower dam now controls the water level of the lake and small pond plus the drainage ditch between the two. Question is, since our bylaws state the main lake only, can the owner small pond still use water from the pond for lawn irrigation or is he bound by the bylaw since he is indirectly altering the water level?.
Thanks! |
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RogerB
(Colorado)
Posts:3725
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| 06/14/2006 11:15 AM |
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| Bob, I would get an opinion from an attorney. If the "Riparian Doctrine" is an Illinois statute it may supercede your HOA governing documents. |
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LisaS
(Illinois)
Posts:339
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| 06/17/2006 8:31 PM |
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Riparian rights generally only apply to public waterways. Consequently, if your lake is wholly privately owned by your association, then it should not apply.
However, I am confused by the dams and floodplain reference, both of which lead me to believe that the lake is not private? If this is the case, then the owners on the lake have rights to the lake.
I agree, you should consult an attorney. Especially in light of the fact that it involves so many homes and irrigation systems. i am sure any of the people you ask to remove them will be asking these same quesitons as well...so be prepared with all the right answers. We have lots of good real estate and HOA attorneys in Illinois (I'm in IL too)
Lisa
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