Administrative Organizations for Lakeville Lake
THERE ARE THREE ORGANIZATIONS IN PLACE TO MANAGE LAKE RELATED NEEDS FOR LAKEVILLE LAKE; THE LAKEVILLE LAKE PROPERTY OWNERS ASSOCIATION (LLPOA), THE LAKE RESTORATION ASSOCIATION (LRA) AND THE LAKE IMPROVEMENT BOARD (LIB).
ALL SHORELINE PROPERTY OWNERS ARE MEMBERS OF THE LAKEVILLE LAKE PROPERTY OWNERS ASSOCIATION (LLPOA). EACH YEAR AT THE JUNE ANNUAL MEETING THE MEMBERS PRESENT ELECT REPRESENTATIVES TO FILL POSITIONS FOR A NINE PERSON LLPOA BOARD OF DIRECTORS. BOARD MEMBERS ARE NON-PAID VOLUNTEERS. THE BOARD HOLDS REGULAR MEETINGS THROUGH THE YEAR TO MONITOR, STEWARD AND COMMUNICATE LAKE RELATED ISSUES AND FUNCTIONS ON BEHALF OF THE PROPERTY OWNERS. ALL THE MEETINGS ARE OPEN TO THE PROPERTY OWNERS. THE LLPOA DIRECTORS ALSO SERVE AS VOTING MEMBERS OF THE LAKE RESTORATION ASSOCIATION.
THE LAKE RESTORATION ASSOCIATION (LRA) IS A NOT FOR PROFIT ORGANIZATION CONTRACTED BY THE LAKE IMPROVEMENT BOARD (LIB) TO MANAGE THE WEED HARVESTING PROGRAM FOR LAKEVILLE LAKE INCLUDING EQUIPMENT PURCHASE, OPERATION AND MAINTENANCE, OPERATOR HIRING AND PAYROLL. THE LLPOA BOARD MEMBERS IN THEIR FUNCTION AS LRA VOTING MEMBERS APPOINT MEMBERS TO THE LRA BOARD AND ARE RESPONSIBLE TO REVIEW AND APPROVE ANNUAL OPERATING PLANS AND SPENDING BUDGETS.
THE LAKE IMPROVEMENT BOARD (LIB) IS AN OAKLAND COUNTY COMMISSIONER BASED BOARD SET UP TO ESTABLISH A SPECIAL ASSESSMENT DISTRICT FOR LAKEVILLE LAKE IMPROVEMENT PROJECTS AND COMMUNICATION. THE LIB AUTHORIZES COLLECTION OF THE SPECIAL ASSESSMENTS BY ADDISON TOWNSHIP AND AWARDS CONTRACTS FOR IMPROVEMENT PROJECTS. THE LIB MONITORS ASSESSMENT SPENDING TO INSURE CONSISTENCY WITH INTENDED LAKEVILLE LAKE IMPROVEMENT PROJECTS. THE LIB INCLUDES REPRESENTATIVES FROM THE OAKLAND COUNTY COMMISSIONERS OFFICE, THE OAKLAND COUNTY WATER RESOURCES COMMISSION, ADDISON TOWNSHIP OFFICE AND LLPOA MEMBERSHIP.
ALL SHORELINE PROPERTY OWNERS ARE MEMBERS OF THE LAKEVILLE LAKE PROPERTY OWNERS ASSOCIATION (LLPOA). EACH YEAR AT THE JUNE ANNUAL MEETING THE MEMBERS PRESENT ELECT REPRESENTATIVES TO FILL POSITIONS FOR A NINE PERSON LLPOA BOARD OF DIRECTORS. BOARD MEMBERS ARE NON-PAID VOLUNTEERS. THE BOARD HOLDS REGULAR MEETINGS THROUGH THE YEAR TO MONITOR, STEWARD AND COMMUNICATE LAKE RELATED ISSUES AND FUNCTIONS ON BEHALF OF THE PROPERTY OWNERS. ALL THE MEETINGS ARE OPEN TO THE PROPERTY OWNERS. THE LLPOA DIRECTORS ALSO SERVE AS VOTING MEMBERS OF THE LAKE RESTORATION ASSOCIATION.
THE LAKE RESTORATION ASSOCIATION (LRA) IS A NOT FOR PROFIT ORGANIZATION CONTRACTED BY THE LAKE IMPROVEMENT BOARD (LIB) TO MANAGE THE WEED HARVESTING PROGRAM FOR LAKEVILLE LAKE INCLUDING EQUIPMENT PURCHASE, OPERATION AND MAINTENANCE, OPERATOR HIRING AND PAYROLL. THE LLPOA BOARD MEMBERS IN THEIR FUNCTION AS LRA VOTING MEMBERS APPOINT MEMBERS TO THE LRA BOARD AND ARE RESPONSIBLE TO REVIEW AND APPROVE ANNUAL OPERATING PLANS AND SPENDING BUDGETS.
THE LAKE IMPROVEMENT BOARD (LIB) IS AN OAKLAND COUNTY COMMISSIONER BASED BOARD SET UP TO ESTABLISH A SPECIAL ASSESSMENT DISTRICT FOR LAKEVILLE LAKE IMPROVEMENT PROJECTS AND COMMUNICATION. THE LIB AUTHORIZES COLLECTION OF THE SPECIAL ASSESSMENTS BY ADDISON TOWNSHIP AND AWARDS CONTRACTS FOR IMPROVEMENT PROJECTS. THE LIB MONITORS ASSESSMENT SPENDING TO INSURE CONSISTENCY WITH INTENDED LAKEVILLE LAKE IMPROVEMENT PROJECTS. THE LIB INCLUDES REPRESENTATIVES FROM THE OAKLAND COUNTY COMMISSIONERS OFFICE, THE OAKLAND COUNTY WATER RESOURCES COMMISSION, ADDISON TOWNSHIP OFFICE AND LLPOA MEMBERSHIP.
BY-LAWS OF THE LAKEVILLE LAKE PROPERTY OWNERS ASSOCIATION
AS AMENDED April 13, 2021 ARTICLE 1: MEMBERSHIPS Section 1. Membership of the Association shall be limited to property owners on Lakeville Lake. This shall include, as specifically defined: a. Those property owners originally designated as owning property adjacent to Lakeville Lake, whose properties were assessed to provide the necessary funds to establish and construct the facilities to maintain the established water level of Lakeville Lake*, or b. Those property owners owning property adjacent to Lakeville Lake, whose properties are currently assessed as designated by the Lakeville Lake Improvement Board through Oakland County c. Those property owners listed on the latest Addison Township property tax roles, reasonably available to the Association, shall be considered as the only valid property owner(s). Property owners may also demonstrate their membership through the presentment of a properly recorded deed reflecting a present legal ownership interest in their name. d. Property owners may assign their membership rights to vote at Association meetings via a signed approved written proxy provided to the Association Secretary in advance of any meeting. Section 2. Membership dues shall be assessed annually for the period July 1 to June 30 or for any portion of the period. Dues shall be paid to the Treasurer by July 1: provided that membership dues shall be suspended for any such period so long as monies are available to the Association for its operating expenses from a special assessment by the Lakeville Lake Improvement Board through Oakland County, Michigan. Section 3. Membership dues shall be assessed annually per household as determined by the membership of its January meeting. Property owners who have been members for consecutive years since prior to 1965 shall be exempt from dues as a one-time special honor. Section 4. Any owners of property purchased in any subdivision not actually abutting Lakeville Lake, possessing ingress and egress over any parcel of land described in Section 1, may select one property owner from that subdivision to represent all other owners of property in the subdivision and shall be entitled to one vote for the group represented. The group must notify the Association of the name of the voting representative when the dues are paid. Section 5. In the event any parcel of land is owned jointly by two or more parties, including a husband and wife relationship, only one vote shall be allowed for that property. Ownership of more than one property shall not entitle a member to more than one vote. ARTICLE 2: MEETINGS Section 1. The membership shall meet semi-annually, in the months of January and June, at a time and place designated by the Board of Directors. The meeting in June shall be designated as the Annual Meeting for the purpose of electing the Board of Directors. *As defined in the Oakland County’s Board of Supervisors miscellaneous resolution no. 3182 and dated June 26, 1961, and also petition granted by the Honorable Wm. John Beer, Circuit court Judge on October 9, 1961, No. L52991. Section 2. A special meeting may be called by the Board of Directors or by a majority vote of the membership. Section 3. The call for the meetings of the membership shall be in writing and mailed to each member or distributed via electronic notification at the address provided. Section 4. The Board of Directors shall meet regularly during the year. Meeting dates will be announced in advance. ARTICLE 3: BOARD OF DIRECTORS Section 1. The control and management of the Association shall be in the Board of Directors (“Board”). The Board shall consist of a President, Vice President, Secretary, Treasurer and five other directors. Section 2. Members of the Board shall serve for two-year terms. Section 3. Board members shall be elected at the Annual Meeting. Only property owner(s) validated via section 1c shall be eligible to be elected to the Board. The property owners or their assignee's will nominate and vote for the Board members but shall not designate the offices of the elected Board members. Section 4. The elected Board will determine at the first meeting following the Annual Meeting the offices to be held by a vote of the Board only. Any officer may be removed from his/her office at any time, with or without cause by the affirmative vote of a majority of the whole Board of Directors. Any Board member may be removed from his/her office at any time, with or without cause by the affirmative vote of a majority of the property owners or their assignees in attendance of an Association meeting subject to the same 10 day notification requirement as defined in Article 4 Section 1. Each Board member is expected to conduct themselves with the utmost professionalism and civility. This exception is not limited to wanton Misconduct, Defamation, slander or Liable. Section 5. The duties of the President shall be to preside at all meetings of the Board and at all meetings of the Association, and to sign formally executed documents of the Association upon authorization of the Board of Directors. Section 6. The duties of the Vice President shall be to act in place and instead of the President whenever the President is unavailable. Section 7. The duties of the Treasurer shall be to collect dues and such other income as the Treasurer shall be informed that the Association shall be entitled to, to deposit the funds so collected to the credit of the Association in a depository chosen by the Board, and pay all obligations of the Association from such funds, upon authorization of the Board of Directors. The Treasurer, the Vice President and the President shall be signers of the depository accounts of the Association. Section 8. The duties of the Secretary shall be to keep the minutes of all meetings of the Board and of the Association in a book provided for that purpose, to give and receive all notices of the Association, and to keep all books, records and papers of the Association. Section 9. A membership chairman shall be designated amongst the nine directors to develop and maintain a current membership list. Under no condition shall any member, either directly or indirectly, use the membership list for any purpose other than a function solely for the use and benefit of the Association. Section 10. A majority of the Board of Directors shall constitute a quorum at any meeting, and acts of the majority of the Board present shall be the acts of the Board. Section 11. The amount of monies expended in any calendar year by the Board of Directors shall at no time exceed the amount of the membership dues or other income collected during the year or available as surplus funds from prior years. No more than Four Thousand Dollars ($4,000.00) shall be spent on a single project without the consent of the Association membership. Section 12. The President shall be responsible for the appointment of a replacement for a vacancy on the Board of Directors. Such appointment shall remain in place for the term remaining from the vacancy. Section 13. The Association considers its officers, directors and others, acting through its officers and directors, as “volunteers.” The Association will assume liability for all acts and omissions of its volunteer officers, volunteer directors and other authorized volunteers which were carried out in the normal course of the Association’s business so long as:
Section 1. Amendments, modifications, or general revisions of the By-Laws may be made at any regular or special meeting of the Association, by a majority vote of the members present, provided, however, that a copy of such proposed amendments or revisions shall be mailed to the members of the Association or distributed via electronic notification at the address provided at least ten (10) days prior to the meeting at which said matters shall be voted on. Section 2. In the event of a proposed discontinuation or termination of the Association, under its present statute under the laws of the State of Michigan, such a proposal shall be in the hands or possession of the Board of Directors in writing at least six (6) weeks prior to the annual or any special meeting called for that purpose. All members in good standing, as well as members not more than two (2) years in default with their payment of dues, must be notified of such proposed action at ten (10) days in advance of such meeting. Amended 4-13-2021 |
LAKE RESTORATION ASSOCIATION BY-LAWS
As Amended October 19, 2000 ARTICLE I: MEMBERS Section 1: Voting Members The voting members of this corporation shall be those persons who constitute the board of Directors of the Lakeville Lake Property Owners Association (LLPOA), a non-profit corporation organized and operating under the laws of the State of Michigan, who represent the contributing members. Definition: The contributing members shall be those property owners on Lakeville Lake as defined in the By-Laws of the Lakeville Lake Property Owners Association. ARTICLE II: MEETINGS OF VOTING MEMBERS Section 1: Semi-Annual Meetings The voting members of this corporation shall meet semi[-annually, on the first Thursday in March, which shall be known as the Annual Meeting, and the first Thursday in October at 7:30 p.m. for the transaction of any business which may be brought before the meeting at a place the voting members shall determine. Such meetings shall be attended by representatives of the Board of Trustees of this Corporation to submit for review and approval; budgets, financial statements, goals and objectives, operational achievements and any other reports that may be requested by resolution of the Voting Members. Such meetings shall be chaired by the President, and minutes recorded by the Secretary of the LLPOA. These meetings shall be open to Lakeville Lake property owners. Section 2: Special Meetings A special meeting of the voting members of this corporation may be held at any time upon the call of the Board of Trustees, the President of the Trustees or any two (2) voting members, and shall be held at the registered office of the corporation at such time as shall be stated in the call thereof. Section 3: Notice of Special Meetings Notice of the time, place and purpose of each special meeting of the voting members of this Corporation shall be served upon all such voting members by mail, telephone or in person, not less than three (3) days prior to such meeting. Section 4: Quorum Not less than a majority of the voting members shall constitute a quorum at any meeting, annual or special, of the voting members but less than a quorum shall have power to adjourn a meeting. ARTICLE III: BOARD OF TRUSTEES Section 1: Numbers, Powers and Duties The affairs of this Corporation shall be managed by a board of five (5) Trustees. Trustees may, but need not be voting members. Their powers and duties shall be to manage day-to-day operations, purchase equipment, hire or terminate employees, establish and implement budgets, and other powers and duties as shall be determined by resolution of the voting members. Section 2: Election and Term of Office of Trustees The Trustees elected by the voting members of this Corporation shall constitute the Board of Trustees of the Corporation until the election of Trustees at each Annual Meeting of the voting members. At the Annual Meeting of the voting members, they shall determine who shall constitute the Board of Trustees to be elected and shall elect the Trustees so determined. Each Trustee shall serve a term of two (2) years. Each Trustee shall hold office until his/her successor shall have been duly elected and shall have qualified, or until his/her death or resignation. Section 3: Removal of Trustees Any Trustee may be removed from his/her office at any time with or without cause by the affirmative vote of a majority of all voting members of this Corporation. Section 4: Vacancies The voting members of this Corporation at any regular or special meeting shall fill any vacancy occurring on the Board of Trustees, and the Trustee elected to fill such vacancy shall serve for the unexpired term of his/her predecessor. Section 5: Meeting of the Trustees Regular meetings of the Board of Trustees may be held without notice at such time and place as may be fixed by standing resolution of the Board of Trustees. Special meetings of the Board of Trustees may be held at any time upon the call of the President, any two (2) of the Trustees, or any two (2) voting members. Written notice of such meeting shall be given to all of the Trustees of the time, place and purpose of each such special meeting by mail, telephone, or in person, not less than three (3) days prior to such meeting. Section 6: Quorum A majority of the Board of Trustees shall constitute a quorum for the transaction of business at any meeting of the Board, and the acts of a majority of the Trustees present at any such meeting at which a quorum is present shall be the acts of the Board of Trustees. Less than a quorum of the Trustees shall have power to adjourn any such meeting. Section 7: Executive Committee The Board of Trustees may, by resolution passed by a majority of the whole Board, designate three (3) or more of their number to constitute an Executive Committee, who, to the extent provided in said resolution shall have and exercise the authority of the Board of Trustees in the management of the affairs of the Corporation between the meetings of the Board. Meetings of the Executive Committee shall be held at such time and place and with such notice as may be provided by resolution of the Executive Committee. A majority of the Executive Committee shall constitute a quorum for the transaction of business, and the acts of a majority of the Executive Committee members present at any meeting of such Committee at which a quorum is present shall be the acts of the Executive Committee. ARTICLE IV: OFFICERS Section 1: Numbers, Powers and Duties The officers of this corporation shall be a President, a Vice President, a Secretary and a Treasurer, and such officers shall exercise such powers and perform such duties as customarily pertain to their respective offices and such powers and duties as the Board of Trustees may, from time to time, prescribe. All such officers shall be members of the Board of Trustees. Section 2: Election and Term of Office The officers of the Board of Trustees shall be determined by a vote of the Board of Trustees only, which shall be so determined at the first meeting of the Board of Trustees following the Annual Meeting of the voting members. The officers of this Corporation shall be elected for a term of one (1) year, and such officers shall continue in office until their successors are elected and qualify. Section 3: Additional Officers The Board of Trustees may, from time to time, elect such other officers of this Corporation as they deem necessary, who shall exercise such powers, perform such duties and serve for such term, not exceeding one (1) year, as the Board of Trustees may prescribe. Section 4: Removal of Officers Any officer may be removed from his/her office at any time, with or without cause by the affirmative vote of a majority of the whole Board of Trustees. ARTICLE V: COMMITTEES The Board of Trustees may appoint, from time to time, such standing or special committees as the handling of the affairs and the attainment of the objects and purposes of this Corporation may require, and may define their duties and prescribe their powers. At least one (1) member of the Board of Trustees shall be appointed as member of each such committee. The other members of each such committee may, but need not be voting members of the Corporation. ARTICLE VI: COMPENSATION OF OFFICERS AND TRUSTEES Neither the officers nor the trustees of this Corporation shall receive any compensation for services rendered to the Corporation in their official capacity. This provision, however, shall not prevent payment for necessary clerical and administrative services, and expenses incurred in connection therewith, insofar as the Board of Trustees shall have authorized the same. ARTICLE VII: BOOKS OF ACCOUNTS All documents of this Corporation shall, at all reasonable times, be open to inspection by any person by resolution of the majority of voting members. A copy of the Annual Statement of the Corporation shall be mailed to the Lake Improvement Board, the voting members of this Corporation, and such other organization as the Board of Trustees may prescribe as soon as practical after the close of each fiscal year, December 31. ARTICLE VIII: XCORPORATE SEAL The corporate seal of this Corporation shall be circular in form and shall have inscribed thereon the name of the Corporation, the year of its organization and the words “Corporate Seal, Michigan.” ARTICLE IX: INDEMNIFICATION Section 1: Non-Derivative Actions Subject to all of the other provisions of this Article, the corporation shall indemnify any person who was or is a party of is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by in the right of the Corporation) by reason of the fact that he/she is or was a Trustee officer, employee or agent of the Corporation, or is or was deriving at the request of the Corporation as a Director, Officer, employee or agent of another corporation, partnership, join venture, trust or other enterprise, against expenses (including attorneys’ fees), judgments, finds and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Corporation or its members, and with respect to any criminal action or proceeding, and no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the Corporation or its members, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. Section 2. Derivative Actions Subject to all of the provisions of this Article, the Corporation shall indemnify any person who was or is a party to or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Corporation to procure a judgment in its favor by reason of the fact that he/she is a Trustee, a Director, Officer, employee or agent of the Corporation, partnership, joint venture, trust or another enterprise against expenses (including attorneys’ fees) actually and reasonably incurred by him/her in connection with the defense or settlement of such action or suit if acted in good faith and in a manner he/she reasonably believed to be in or not opposed to the best interest of the Corporation or its members and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his/her duty to the Corporation unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjuration of the liability but it view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. Section 3: Expenses of Successful Defense To the extent that a person has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Section 1 or 2 of this Article, or in defense of any claim, issue or matter therein, he/she shall be indemnified against expenses (including attorneys’ fees) actually and reasonably incurred by him in connection therewith. Section 4: Determination that Indemnification is Proper Any indemnification under Section 1 or 2 of this Article (unless ordered by a court) shall be made by the Corporation only as authorized in the specific case upon a determination that cause he/she has met the applicable standard of conduct set forth in Section 1 or 2 in this Article, whichever is applicable. Such determination shall be made in any of the following ways: 1. By the Board by a majority vote of a quorum consisting of Trustees who were not parties to such action, suit or proceeding. 2. If quorum is not obtainable, or even if obtainable, a quorum of disinterested Trustees so directs, by independent legal counsel, in a written opinion. 3. By the members. Section 5: Expense Advance Expenses incurred in defending a civil or criminal action, suit or proceeding described in Section 1 or 2 of this Article may be paid by the Corporation in advance of the final disposition of such action, suit or proceeding as authorized in the manner provided in Section 4 of this Article upon receipt of an undertaking by or on behalf of the person involved to repay such amount unless it shall ultimately be determined that he/she is entitled to be indemnified by the Corporation. Section y: Former Trustees and Officers The indemnification provided in the foregoing Sections continues as to a person who has ceased to be a Trustee, Officer, employee or agent and shall insure to the benefit of the heirs, executors and administrators of such person. Section 7: Insurance The Corporation may purchase and maintain insurance on behalf of any person who is or was a Trustee, Officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation, partnership, joint venture, trust or another enterprise against any liability asserted against him/her and accrued by him/her in any such capacity or arising out of his/her status as such, whether or not the Corporation would have power to indemnify him/her against such liability under these By-Laws to confirm to any such changed statutory provision. ARTICLE X: FISCAL YEAR The fiscal year of the Corporation shall be December 31. ARTICLE XI: AMENDMENT OF BY-LAWS These By-Laws may be amended, altered or repealed, in whole or in part, by vote of a majority of the voting members present at any annual, semi-annual, or special meeting of the voting members, provided that notice of the proposed amendment, alteration or repeal be contained in the notice of such meeting. Amended: 10-19-00 | ||||