Michigan Compiled Laws

Mich. Comp. Laws § 455.206 (2026)

Membership; eligibility; corporate jurisdiction as to property of nonmembers; election.

✓ current as of July 2026

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INCORPORATION OF SUMMER RESORT OWNERS

Act 137 of 1929

455.206 Membership; eligibility; corporate jurisdiction as to property of nonmembers; election.

Sec. 6.

Persons eligible to membership in said corporation, at any and all times, must be freeholders of land in the county of its organization and such land must be contiguous to the resort community in which the corporation is organized: Provided, however, It shall not be necessary that the lands of all members shall join, but it shall be sufficient if such lands are reasonably adjacent to the resort community, so as to be benefited by membership therein, and the trustees of the corporation, when lawfully authorized by the corporation, shall be judges as to whether the lands of such proposed members are sufficiently identified with the common interests of the other lands embraced within said corporate jurisdiction, to make proposed members eligible: And provided further, That the land of no owner that does not voluntarily join such corporation can be compelled to come under the jurisdiction of the corporation until after a body politic and corporate has been incorporated under this act in the territory to be affected and has continued to function as such for a period of 2 years. Thereafter an election may be called by the board of trustees or board of directors within the territory to be affected for the purpose of determining whether the entire territory comprising the subdivisions or parts of subdivisions affected should become entirely incorporated.

History: 1929, Act 137, Eff. Aug. 28, 1929 ;-- CL 1929, 10368 ;-- Am. 1939, Act 133, Imd. Eff. May 23, 1939 ;-- CL 1948, 455.206

Constitutionality Notes:

In Whitman v Lake Diane Corp, 267 MA 176 (2005), the Michigan court of appeals held that the provisions concerning elections in the summer resort owners corporation act, MCL 455.201 et seq, violate the constitutional due process rights of the persons whose property interests would be affected by the election.

Notes of Decisions

Cited in 7 cases, 1968–2018 · leading case: Whitman v. Lake Diane Corp., 704 N.W.2d 468 (Mich. Ct. App. 2005).

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Whitman v. Lake Diane Corp., 704 N.W.2d 468 (Mich. Ct. App. 2005). · cites it 8× “Whitman’s motion for summary disposition and permanently enjoining defendant from conducting an election, pursuant to MCL 455.206, to expand the territory under its jurisdiction.”

Ryan v. Ore Lake, 223 N.W.2d 637 (Mich. Ct. App. 1974). · cites it 5× “Two years later an election was called by the board- of trustees, pursuant to the provisions of MCLA 455.206; MSA 21.756, to determine whether all of the property within these subdivisions and the adjacent lands should be incorporated.”

Baldwin v. North Shore Estates Ass'n, 179 N.W.2d 398 (Mich. 1970). · cites it 2× “2 MCLA § 455.206 (Stat Ann 1963 Rev § 21.756).”

James McGue v. Glenbrook Beach Ass'n (Mich. Ct. App. 2018). · cites it 2× “Plaintiffs’ warranty deed also states that the buyer took possession of the property subject to the jurisdiction of the association as set forth in Liber 1365, page 86, which referred to a 1971 annexation vote. Defendants questioned whether this provision of the warranty deed…”

Baldwin v. North Shore Estates Ass'n, 166 N.W.2d 552 (Mich. Ct. App. 1968). · cites it 2× “The articles of incorporation provided that an election *291 be held 2 years thence to determine whether the association should have jurisdiction over all the property owners (CL 1948, § 455.206 [Stat Ann 1963 Rev § 21.756]). To be “qualified” to vote, a property owner must have…”

Robert Roy v. Island & Fonda Lakes Ass'n (Mich. Ct. App. 2014). “IFLA in its original form must have consisted of only the incorporators, and although membership eligibility is defined by MCL 455.206, the actual scope of IFLA’s final membership was not otherwise defined until the bylaws were adopted.”

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