SB-0751, As Passed Senate, October 12, 2005

SUBSTITUTE FOR

SENATE BILL NO. 751

     A bill to amend 1929 PA 137, entitled

"An act to authorize the formation of corporations by summer resort

owners; to authorize the purchase, improvement, sale, and lease of

lands; to authorize the exercise of certain police powers over the

lands owned by said corporation and within its jurisdiction; to

impose certain duties on the department of commerce; and to provide

penalties for the violation of by-laws established under police

powers,"

by amending section 19 (MCL 455.219).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 19. (1) The  corporation  board of trustees may  assess

require that the members of a corporation pay annual dues and

special assessments  against its members, by a vote of a majority

thereof, for the purpose of carrying into effect any of the powers

herein contained and may  for any purpose authorized under this

act. All of the following apply to an assessment of annual dues or

a special assessment under this subsection:

     (a) The approval of the members under subsection (2) is

required.

     (b) With the approval of the members under subsection (2), the

board of trustees shall prescribe the time and manner of payment

and manner of collection  , and in case of delinquencies,  of the

annual dues or special assessment.

     (c) With the approval of the members under subsection (2), the

board of trustees may provide that  such  delinquent annual dues

and  or assessments shall become a lien upon the land of the

delinquent member and may provide the manner and method of

enforcing  such  that lien.

     (2) Unless the members by a vote of a majority of all of the

members have by resolution specifically provided for approval by a

majority of the votes cast by the members voting, the vote of a

majority of all of the members of the corporation is required to

approve an action of the board under subsection (1).

     Enacting section 1. It is the intent of the legislature to

reconcile conflicting opinions of the attorney general in the

interpretation of this act, and to ratify the opinion of the

attorney general in attorney general opinion no. 7164 of 2004,

concerning the appropriate vote of the members required to approve

an action of the board under section 19.