NSEA
January 10, 2012 Minutes
The January 10. 2012 Board meeting was called to order at 6:35 pm at the Spring Lake Public Library.
Board members present were Mr. Baines, Bandstra, Davidson, Spyker, Herkner. Mr. Thornhill was present as legal counsel. There were no additional Association members in attendance.
Secretary’s Report
The minutes of the October 11, 2011 minutes were reviewed and approved with the exception of the statement under IVa which should be deleted.
II. Treasurer’s Report
Mr. Spyker reported that 115 dues statements have been sent and 75 responses received thus far. A steady flow of returns has been noted.
Approximately 80% of the dues returned included an e-mail address.
Mr. Spyker voiced his satisfaction with the services of Forest Tax and Accounting Services thus far.
III. Old Business
a. Bylaw Change (method of vote tabulation)
Mr. Thornhill discussed the current method of NSEA vote tabulation as outlined in the NSEA Bylaws and mandated by the Summer Resort Act of 1929. The Michigan Statute (Summer Resort Act) indicates that a vote of the majority of the members of an association is required to pass a proposal. In addition the Statute defines voter eligibility to be any freeholder of property contained within the association (any property owner).
A 2006 Amendment to the Statute allowed Michiganassociations to tabulate votes based on votes submitted ie., the passage of a proposal would require a positive vote from the majority of members submitting votes.
This change in NSEA bylaws would require the majority of the members of our association to be in favor of the change as supported by a ballot vote.
It is the current Board’s opinion and supported by the NSEA members who attended the July 2011 Annual Meeting that continuing to tabulate votes as defined by the Summer Resort Act of 1929 makes it nearly impossible for the NSEA Board to obtain approval for any important project.
After a lengthy discussion, the Board will submit a letter to each NSEA member explaining our current method of tabulating Association votes, the Summer Resort Act of 1929, and the problems specific to NSEA which have been encountered in the past. The letter will discuss the recommendation of the Board to consider amending the NSEA bylaws as permitted by the 2006 Amendment to the Statute, to state a majority of all members voting be required to approve a proposal. This change will require a ballot vote from all Association members, with approval from the majority (of all members) to approve. The vote will terminate when a majority of the Association members have submitted votes either approving or rejecting the proposal. This letter will be signed by each Board member and contain Board members contact information. The letter will also contain the date, time, and location of the next Board meeting.
b, Retaining Wall (adjacent 17885)
Mr. Baines reported he is in the process of obtaining a second bid for repair/reconstruction of the retaining wall constructed by the association.
c. Bethune Construction
Mr. Baines reported he has been in communication with the Bethunes and they are planning to maintain the permeable strip adjacent to the road which is consistent with NSEA guidelines.
IV. New Business
a. Mr. Thornhill Reimbursement for legal servicers
Mr. Thornhill will submit a proposal addressing reimbursement for legal services pertaining to NSEA business. Board approval will be required.
b. Ufer Construction Project
Mr. Baines presented architectural drafts of the Ufer’s proposed construction project. The site layout was reviewed, which has tentatively been approved by the DEQ and waiting approval of the Spring Lake Zoning Board. Water management was discussed. It was suggested presenting the plans to “our engineer” ( Mr. Brian Sinett) for his review. Mr. Baines will expedite this review.
V. Next NSEA Board Meeting
March 13, 2012. The location will be announced at a later date.
The meeting was adjourned at 8:05 pm.
Respectfully Submitted,
Peter Herkner
Secretary