LAKE MIRAMICHI PROPERTY OWNERS ASSOCIATION, INC.
Welcome to membership in the Lake Miramichi Property Owners Association. This package contains documents that, together, govern all property owners. The Covenants are deed restrictions established at the time that the Lake was developed and are legally binding on every property owner as well as the Association. The “Restated Bylaws” (previously referred to as the Code of Regulations) is also a legally binding document that is recorded in each county in which the Lake is located (Osceola and Mecosta). The Rules and Regulations were promulgated by your Board of Directors under authority of the Code of Regulations. Please keep this package available as a handy reference. Please know that violations of any of the tenets set forth in these documents may have severe consequences including the imposition of fines. By your receipt of this document you are deemed to have read and understood its content. In many instances, warnings will be given following a violation. However, warnings are not required by either the Covenants or the Code of Regulations and fines may be assessed for serious violations without prior warning.
RULES and REGULATIONS
For information regarding the LMPOA Board structure and responsibilities for comments/issues/complaints/concerns, please click here.
The Lake Miramichi Property Owners Association, Inc. (Association) is a strictly Private membership association. It has been formed in the interest of and for the protection, promotion, and improvement of the Lake Miramichi community. The compliance of all property owners with the following Rules and Regulations will enable all property owners to achieve peaceful enjoyment of their individual properties and maintain an association in which each owner can take pride in being a member. The Lake Miramichi Property Owners Association, Inc. has accepted the responsibility from Lake Miramichi, Inc., the originating developer, for the enforcement of the Rules and Regulations formulated by the Rules Committee and all subsequent amendments.
Rules Committee: The Rules Committee is composed of the Association officers and appointed members who formulate the rules and regulations. The rules may be changed or amended from time to time and any unfair or inequitable rule may be revoked by two-thirds vote of the Board members. The Board sincerely hopes that all members will strive to comply with the Rules and Regulations that follow.
Guest Privileges: Association members are entitled to use and invite guests to use the facilities of the Association. All guests must, however, be accompanied by the Association member unless the guest possesses a guest pass. Guest passes may be obtained by members from the Association Treasurer, or Assistant Treasurer. The pass must be filled out with the name of the property owner, the name of the guest, the expiration date of the guest’s privileges, the number and names of the persons in the guest’s party, and must be approved by an officer of the Association. Members are responsible for the actions, activities, and rule violations of their guests. Guests may not bring quests.
The beach is limited to members and invited guests only. This is not intended to curtail the privileges of the member, but rather to prevent any one person from commercializing his or her property. In order to protect against the abuse of guest privileges and to guard against the possibility of some members allowing unreasonable, continuous use of their privileges, it may be necessary to limit the number of guest passes that may be used by or issued to each member each month. This will not apply to overnight or house guests, but will apply only to the use of the Lake, beach, or Association facilities. Guests may use any AN as long as it is used with the Property Owner’s permission and must conform to all State and federal laws regulating ATVs. Neither guests nor Association members may put any powered watercraft on the lake unless such watercraft is owned by a Lake Miramichi Property Owner and has current decals.
Noise Restrictions: All Association members at Lake Miramichi are responsible for ensuring that activities of their family members and guests, while within the Lake Miramichi subdivision, are not considered offensive, or viewed as a disturbance, by their neighbors under reasonable circumstances.
Excessive noise between the hours of 11:00 P.M. and 9:00 A.M. is strictly prohibited and will result in a fine of $500.00 being assessed against any property owner whose family or guests are observed violating this regulation. Activities that would constitute excessive noise include, but are not limited to, shouting or screaming, playing music loudly, discharge of firearms or fireworks, and racing motor vehicle engines.
NOTE: Temporary exceptions to this ordinance may be approved by the Board of Directors to accommodate special events, such as Fourth of July celebrations. Such changes will be posted at the Association Clubhouse approximately one month in advance.
Beach: Glass bottles are not allowed on the beach because of the danger of breakage and subsequent injury. Please help us keep this rule. Animals are not allowed in the beach area. Children under ten years of age must be accompanied by an adult. Parents with children must be responsible for their children’s conduct. Swimming is restricted to the area bound by the raft and line. The Association is not responsible for clothing, valuables, personal property, or any personal injury sustained while on the beach or in the water. The “buddy system” of lifeguard will be in effect at all times.
Children’s Area: The children’s area is adjacent to the beach. Various apparatus such as swings, slides, etc. are available for their pleasure. Parents shall be responsible for their children while they are in the water or in the play area. Children under ten years of age must be accompanied by an adult.
Boat Basin and Boat Launch Area: A marina, located by the dam, is available for boat and dock rentals. No swimming is permitted in the Boat Launch Area.
Boat Docks: There are three types of docks located on the Lake. These are: (1) Association docks, which are owned and maintained by the Association; (2) Private docks, which are owned and maintained by the individual property owners; and (3) Marina docks, which are owned and maintained by the Marina.
- Association Docks: Boat docks have been provided by the Association in various sections of the lake. You may tie your boat at any Association dock (where space is available) at no cost. Please ensure that the dock you are using is an Association dock and not a privately owned dock. There is to be, however, absolutely NO overnight docking by members or guests at Association docks. Boats must accompany owners when they leave the area. Any equipment or personal effects brought to this area are the member’s or guest’s responsibility. Lake Miramichi Property Owners Association, Inc. assumes no responsibility for boats, motors, other equipment, or personal property left at any Association boat dock or beach area. No boats are allowed in the vicinity of the Dam, which is rock faced. Boats, however, are allowed at the boat launch area adjacent to the Dam. Boat trailers must not block the boat ramp or be left for any unreasonable period of time at the boat launch.
- Private Docks: Owners of private docks should keep their docks in good, safe condition. All boats kept at private docks must have current decals. No private dock owner may rent or lease dock space to another for either currency or any other form of remuneration. However, private dock owners may permit other boat owners that have current decals to use their dock on a limited, complimentary basis.
- Marina Docks: Marina docks must be kept in good, safe condition. They may only be rented or leased to an Association member; boats must have current decal; and docks must be available on a first-come, first-serve basis.
Powered Watercraft: Only Members in good standing are allowed to bring powered watercraft onto Lake Miramichi and all powered watercraft must be registered in the name(s) of Association Members. Also, all powered watercraft must have a valid state registration and a current Powered Watercraft decal issued by the Association. These decals are available from the Assistant Treasurer, will be provided upon request, and are not transferable. Only paid-up members and immediate family may register a watercraft with the Association.
- ·A fine of $250.00 will be imposed on any LMPOA Member who brings or allows a guest to bring, any powered watercraft not registered in the name of an LMPOA Member onto Lake Miramichi.
- ·A fine of $150.00 will be imposed on any LMPOA Member who brings any powered watercraft, registered in the Member’s name, onto Lake Miramichi without a current Powered Watercraft Decal. (The Member will be given an initial warning and will be fined if not in compliance after seven days.)
ALL powered watercraft must travel COUNTERCLOCKWISE around the Lake and remain 100 feet from docks, boats, and swimmers at all times. All watercraft and jet skis must be operated in a safe and courteous manner and in compliance with Michigan State Marine Law. Also, watercraft towing a person(s) on water skis, boards, or tubes must have one person, in addition to the watercraft operator, observing the towed person(s) at all times (Michigan Boating Laws). Also, remember the OPERATOR is responsible for the requirements set forth in the handbook Michigan Boating Guide whether they own the watercraft or not.
No watercraft may be operated faster than five (5) miles per hour, with no wake, prior to 9:00 A.M. or after 7:00 P.M. on all calendar days. A fine of $150.00 will be imposed on any LMPOA Member who violates the “No Wake” rule. Members are responsible for the actions of their guests.
Michigan Boating Laws Specific to Personal Watercraft (PWC):
- ·. Each person riding on or being towed behind a PWC must wear a U.S. Coast Guard-approved Type I, II, or Ill personal flotation device (PFD).
- ·. Children under 7 must be accompanied by a parent or guardian.
- ·. The lanyard of a PWC’s ignition safety switch must be attached to the person, clothing, or PFD of the operator.
- ·. No wake jumping or weaving in heavy boat traffic.
- ·. No carrying more people than the PWC was designed to carry..
Non-powered Watercraft: Only Members in good standing are permitted to place non-powered watercraft, such as, but not limited to, canoes, kayaks, paddle boats, etc. into the Lake.
Other Vehicle Registrations: All Members entering Lake Miramichi must have current Association decals affixed to the lower-left windshield of their vehicles. Parking must be in designated areas. Recreation and all-terrain vehicles, including motorbikes and snowmobiles, must have current Association decals properly affixed. Vehicle serial numbers along with owner’s name and lot number will be recorded by the Association. These decals are not transferable. Vehicle operation must comply with all speed laws and other rules posted by the Association. The Michigan ORV/ATV laws apply in the development. For a child to ride an ATV, they need to be at least 10 years old, wear a crash helmet, complete an ORV Rider Safety Education Course, and be under the visual supervision of an adult. All motorized vehicles must be operated on roads only or on owner’s property.
Use of Roads within Lake Miramichi: All persons driving motorized vehicles (including ATVs, motorbikes, and snowmobiles) within Lake Miramichi are expected to drive safely, observe posted speed limits, and drive in a manner that does not damage the roads.
A fine of $350.00 will be imposed on any Member who is observed damaging roads as a result of irresponsible use of a motorized vehicle. Members are responsible for their guests.
Hunting: Hunting is not allowed on any lot, Lake, dam, road, or park property within the boundaries of the Lake Miramichi subdivision. This includes, but is not limited to, high-powered rifles; 22 caliber; shotguns with slug, buckshot, or cut shot; pistols or revolvers, bows, crossbows or any other weapon. In other words, there is NO hunting of any sort within the Lake Miramichi subdivision.
- Violators will be fined and the local sheriff and DNR will be notified.
Campgrounds: All guests in Campgrounds must have a Camping Permit and a Guest Pass. The Camping Permit must be displayed on the “camper” and must indicate the name of the Lake Miramichi Lot Owner, the Lake Miramichi Lot Number, the name of the Guest, and the dates of occupancy. These Camping Permits are issued by the Association Property Management company and are also helpful in case of emergency. Guests of homeowners may park on the homeowner’s lot for a period up to two weeks, but must secure a Guest Pass.
All “campers” must park in number sites only. All dogs must be on a leash. If the dogs become a nuisance, they must be removed. All noise restrictions and Association rules and regulations must be obeyed.
Campgrounds will be closed on October 15th and reopened on April 1. If a property owner wishes a site during the closed period, he or she must give advance noticed for winter preparations, and any expense incurred must be paid by the property owner.
Clubhouse: The Clubhouse is available to paid-up members only. A contract must be signed, and a $75.00 deposit paid by any member wishing to use the Clubhouse facilities. $50.00 will be returned if the facilities are left in good condition. This contract will be issued by the Clubhouse Committee Chairperson. The Clubhouse will be closed on October 15th and reopened on April 1.
Pets: The only pets that may be domiciled within the Lake Miramichi subdivision are companion pets such as birds, domesticated cats, fish, dogs, and other small mammals. Under no circumstances are exotic cats, non-human primates, exotic snakes, horses or other farm livestock or zoo-type animals permitted to domicile within the Lake Miramichi subdivision. All pets leaving the confines of the property owner must be leashed. It shall be the Property Owner’s obligation to dispose of waste material from pets. The Board of Directors shall have the right to order the removal of any pet which, in the Board’s sole discretion, is considered a nuisance, and the same shall be done without compensation to the Owner. In such event, the Board shall give written notice thereof to the pet owner, and the pet shall immediately thereafter be permanently removed from the Lake Miramichi subdivision. A pet not on a leash shall be deemed a nuisance.
Failure to properly dispose of the waste material from a pet shall be deemed a nuisance.
Fine Procedure: Association Members who observe violations of the Rules and Regulations. Code of Regulations, or Restrictive Covenants should immediately contact a current Board Member.
All incidents must be eye-witnessed (and a related Incident .Report signed) by a minimum of two (non-related) Associatiory. Fines will only be billed for incidents that are properly documented and presented for review to the Board of Directors. A majority vote by the Board will be required to initiate a fine.
Alleged violators may be given an initial warning before proceeding with a fine recommendation. If warnings result in violators coming into immediate compliance with the specific Rule, Regulation, or Covenant, no fine will be imposed. (A report of the incident will be filed and any subsequent violation of a similar nature will be subject to a fine recommendation.) One exception where no initial warning is required is the violation of speed and direction restrictions upon the Lake. Because of the serious threat to safety, where watercraft are observed disregarding the directional and distance requirements, or the No Wake Rule, fines will be imposed upon the property owner immediately.
In the event that any of the terms, provisions, or the covenants that are specifically incorporated by reference, are held to be partially or wholly invalid or unenforceable for any reason whatsoever, such holding shall not affect, alter, modify, or impair in any manner whatsoever any of the other terms, provisions, or covenants hereof or the remaining portions of any terms, provisions, or covenants held to be partially invalid or unenforceable.
The failure of the Association to enforce any right, provision, covenant, or condition granted by these rules and regulations, as well as the covenants running with the land, shall not constitute a waiver of the right of the Association to enforce such right, provision, covenant, or condition in the future. All rights, remedies and privileges granted to the Association pursuant to any terms, provisions, covenants, laws, or conditions shall be deemed to be cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies or to preclude the Association thus exercising the same from exercising such other and additional rights, remedies, or privileges as may be available to such Association at law or in equity.
RESTATED BYLAWS OF LAKE MIRAMICHI PROPERTY OWNERS ASSOCIATION, INC.
Adopted as of November 12, 2016 (“Effective Date”).
These Restated Bylaws of Lake Miramichi Property Owners Association, Inc. (“Bylaws”), amend, restate and replace in their entirety the Code of Regulations of Lake Miramichi Property Owners Association, Inc. dated as of April 1, 2009, and recorded as Instrument 200900006956 in Liber 792, Page 648 of the Mecosta County, Michigan Register of Deeds and in Liber 876, Page 289 of the Osceola County, Michigan, Register of Deeds, and any and all other Codes of Regulations or bylaws for the corporation in existence on the date these Bylaws are adopted.
ARTICLE I – Purpose
Definitions – The purposes for which Lake Miramichi Property Owners Association, Inc., a Michigan nonprofit corporation (“Association” or “corporation”), is organized shall be those specific and general purposes set forth in the Restated Articles of Incorporation of Lake Miramichi Property Owners Association, Inc., as amended from time to time (“Articles of Incorporation”). In furtherance of those purposes, the Association shall promote and maintain the safety, property values and general well-being of the members of the Association and the property of the members located within the Subdivision (defined below), and shall represent its members with respect to matters now or hereafter concerning one or more of its members regarding property located within the Subdivision. “Lot” shall mean any one of the Lots within the Subdivision. “Lots” shall mean all such Lots. “Subdivision” means the property located in the following plats: Lake Miramichi Subdivision, as recorded in Liber 4 of Plats, Pages 14 to 22, Evart Township, Osceola County, Michigan; Lake Miramichi Subdivision No. 2, as recorded in Liber 4 of Plats, Pages 28 to 30, Evart Township, Osceola County, Michigan; Lake Miramichi Subdivision No. 3, as recorded in Liber 4 of Plats, Page 34, Evart Township, Osceola County, Michigan; Lake Miramichi Subdivision No. 4, as recorded in Liber 4 of Plats, Page 36, Evart Township, Osceola County, Michigan; Lake Miramichi Subdivision No. 5, as recorded in Liber 4 of Plats, Pages 49 to 53, Evart Township, Osceola County, Michigan; Lake Miramichi Subdivision No. 1, as recorded in Liber 6 of Plats, Pages 20 and 20A, Chippewa Township, Mecosta County, Michigan; Lake Miramichi Subdivision No. 2, as recorded in Liber 6 of Plats, Pages 33, 33A, and 33B, Chippewa Township, Mecosta County, Michigan; and Lake Miramichi Subdivision No. 3, as recorded in Liber 6 of Plats, Pages 34, 34A, and 34B, Chippewa Township, Mecosta County, Michigan.
ARTICLE II – Members
Section 1. Eligibility. Every person or entity owning legal or equitable title to any Lot shall be a member of the Association; every other person or entity owning legal or equitable title to any real property included in the Subdivision shall be eligible for membership in the Association; and no other person or entity shall be eligible for membership. Notwithstanding the foregoing, members of the family of an eligible Association member, who live with the Association member in the Subdivision, shall enjoy the benefits of Association membership if the eligible member is an active member.
Section 2. Active Members. Notwithstanding Section 1 of this Article II, only members who are current in the payment of any and all dues and/or assessments levied by the Association shall be considered “active members.” Only active members shall be eligible for election or appointment as Directors or officers of the Association, or for membership on an Association committee. If a Director or officer of the Association loses the privileges of active membership, he or she shall immediately be relieved of the duties of such position. If a member has been relieved of his or her position as a Director or officer by virtue of a default under these Bylaws, and such vacancy has not been filled, upon reinstatement as an active member such person shall again hold such position. If such vacancy has been filled, reinstatement as an active member shall not entitle such person to such prior position. Only active members shall be eligible to vote on any matter coming before the Association for decision. Only active members and, subject to such limitations, rules and regulations as may be adopted by the Board of Directors of the Association from time to time, the guests of active members, may use the various community areas, beaches, and lakes within the Subdivision, or any other Association facilities. Unless the context otherwise requires, as used in these Bylaws, the term “member” means only an active member.
Section 3. Notices. Each member is responsible for notifying the Association of their preferred address for notices and other written communications from the Association, both by regular mail and electronic transmission, and of any changes to those addresses or of ownership of their Lot(s). The Association shall be entitled to rely on the latest information provided by the member to the Association in writing, or if no information is provided, to use the property address(es) of the Lot(s) owned by the member.
Section 4. Voting Rights. (a) Each active member shall be entitled to one vote for each Parcel (defined below) owned by the member on each matter submitted to the vote of members. Inactive members shall have no voting rights. In no event shall more than one (1) vote be cast with respect to any Parcel. Where a Parcel is owned by more than one person, there shall be no more than one vote, which may be cast by any one of the co-owners of the Parcel. In the event two or more of the members who are co-owners of the Parcel each demand the right to cast votes, consents or objections to consents to an action in writing, or grants of proxy voting rights, the joint owners shall designate and register in writing with the Secretary of the Association the name of the particular owner entitled to cast the vote, give or withhold the consent, or grant the proxy, and in the absence of such written designation the Association and the officers shall not be required to accept the attempted vote, consent, or grant of proxy rights of any co-owner. (b) In these Bylaws, “Parcel” means each Lot or contiguous group of Lots owned by the same member as of the Effective Date, plus up to two Contiguous Lots transferred to the same member after the Effective Date. “Contiguous Lot” means a Lot transferred after the Effective Date to a member that owns a physically contiguous Parcel, provided (i) such transfer vests title to the transferred Lot in the exact same name(s) as the contiguous Parcel, and (ii) that no more than two Lots have been added to that Parcel after the Effective Date. For example, if a member owns two Lots as of the Effective Date, those two Lots constitute a single Parcel. If that member purchased two physically contiguous Lots after the Effective date, all four Lots would constitute a single Parcel, though the Contiguous Lots would retain their Contiguous Lot classification for purposes of dues and assessments. If the member purchased a fifth contiguous Lot, that Lot would remain a separate Parcel, and the member could purchase up to two Contiguous Lots adjacent to that Parcel before starting the process over again. Lots transferred after the Effective Date that do not qualify as Contiguous Lots shall remain or become separate Parcels for purposes of these Bylaws, provided, however, that a Parcel consisting of multiple Lots shall remain a single Parcel retaining all of its then current classification(s) if all of its Lots are transferred together.
ARTICLE III Capitalization, Dues and Assessments
Section 1. Dues and Assessments. The categories of Parcels and Lots for purposes of allocating and collecting dues and assessments, and the amount of such dues and assessments associated therewith, shall initially be those set forth on Exhibit A attached to these Bylaws, as it may be amended from time to time. If the Board of Directors determines that the amount of dues and assessments levied upon the members is insufficient to cover the costs of operating the Association, the Board of Directors may increase such dues and assessments; provided, however, that without the affirmative vote of two thirds (2/3) of the members affected, the Board of Directors may not in any year increase total dues and assessments more than five percent (5%) over the total dues and assessments for the preceding calendar year. Notwithstanding the foregoing, the Board of Directors may waive any and all dues and assessments on a case by case basis. The regular dues shall be levied on an annual basis, and shall be payable on such date as the Board of Directors establishes. Special assessments also may be levied to defray the cost of any major capital improvement or unforeseen expense of the Association, and may be allocated among Parcels and Lots in the same manner as regular dues and assessments, or in another manner reasonably related to the purpose of the assessment and the relative benefits received by the Parcels and Lots. The Board of Directors shall adopt a resolution recommending to the members approval of the special assessment. A special assessment shall be levied if the special assessment is approved by a majority vote of the members of the Association.
Section 2. Notice of Dues and Assessments. The Board of Directors shall cause a notice of dues and any assessments to be delivered to each member, whether active or inactive, by first-class mail, electronic transmission (as defined by the Michigan Nonprofit Corporation Act) or by personal delivery. Except in the case of Association dues to be used for the general purpose of defraying costs incurred by the Association in the normal conduct of its business, the notice shall state the purpose of the levy and the method used to determine the amount of assessment.
Section 3. Payment of Dues. The annual dues shall be due and payable on or before such date and for such period as the Board of Directors establishes from time to time. Special assessments shall be due sixty (60) days from the date of notice thereof, unless otherwise stated in such notice. Section 4. Default in Payment. If dues, assessments, fines, and/or other charges (collectively, “Charges”) are not paid within the required time period set by the Board of Directors, they shall be considered as being in default. A member whose Charges are in default shall no longer be an active member of the Association and shall lose the privileges of membership until such Charges are paid, and the Association may impose late charges, penalties and interest on delinquent dues and assessments, each as determined from time to time by the Board of Directors. The unpaid Charges together with late charges, penalties, interest, costs and reasonable attorneys’ fees for the collection thereof shall constitute a lien upon the member’s Parcel as of the due date for the Charges, and the Association shall have the right to record a notice of claim of lien and to initiate proceedings in accordance with the provisions of the laws of the State of Michigan for the foreclosure and enforcement of liens. In addition, the amount of the Charges shall be the joint and several personal obligation of the owners of the Parcel at the time the dues or assessments become due and payable in whole or in part, and the Association shall have the right to commence an action against such persons for the collection of the Charges in any court of competent jurisdiction. Notwithstanding the foregoing, the Board of Directors, in its sole discretion, may waive any or all of the Charges, and/or interest thereon, in the event of special circumstances; provided, however, that such waiver shall be made only upon a seventy five percent (75%) vote of the Board of Directors then in office. Section 5. Assignment of Dues. In the event any member whose dues are paid shall terminate his or her membership by selling his or her Parcel during the period for which such dues are paid, the member shall be entitled to assign to the buyer of the Parcel the benefit of the prepaid dues. Section 6. No Exemption. No member may exempt himself or herself from liability for any dues or assessments levied by waiver of the use or enjoyment of the lakes within the Subdivision or any Association-owned amenities, including docks, boat access, beaches, the clubhouse, parks or campgrounds, or by abandonment of his or her Parcel, or in any other manner.
ARTICLE IV – Meetings
Section 1. Procedure. Meetings of the Association shall be held at a suitable place convenient to the members, as may be designated by the Board of Directors. Meetings of the Association shall be conducted in accordance with Roberts Rules of Order, when not otherwise in conflict with the Articles of Incorporation, these Bylaws or the laws of the State of Michigan.
Section 2. Meetings. Annual meetings of members of the Association shall be held on a date set by the Board of Directors, at such time and place as shall be determined by the Board of Directors. At such meetings there shall be elected by ballot of the members a Board of Directors in accordance with the requirements of these Bylaws. The members may also transact at annual meetings such other business of the Association as may properly come before them.
Section 3. Special Meetings. Special meetings of the members of the Association may be called by the President, the Board of Directors, or holders of twenty-five percent (25%) or more of the total votes in the Association. The notice of any special meeting shall set forth the business to come before the members, and only such business shall be transacted.
Section 4. Notice. It shall be the duty of the Secretary (or other Association officer designated by the President in the Secretary’s absence) to serve a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, upon each member of record, at least ten (10) days but not more than sixty (60) days prior to such meeting. The mailing of a notice to a member at the address filed with the Association, postage prepaid; the mailing of a regularly published periodical (such as the L.M.P.O.A. Newsletter) containing a prominently displayed notice to a member at the address filed with the Association, postage prepaid; an electronic transmission to a member in a manner authorized by the member; or a personal delivery of such notice, shall be deemed notice served. Any member may waive notice in a writing signed by the member, and that waiver will be deemed to satisfy all notice requirements for that member when it is filed in the records of the Association.
Section 5. Quorum; Adjournment. Presence at a meeting in person of members holding twenty percent (20%) or more of the votes in the Association shall constitute a quorum. If any meeting of members cannot be held because a quorum is not in attendance, the members who are present may adjourn the meeting for not more than thirty (30) days.
Section 6. Approval. At any meeting of the members at which a quorum is present, approval of any matter by a majority of the members present shall constitute the action of the members, unless a greater percentage is required by the Articles of Incorporation, these Bylaws, or the laws of the State of Michigan.
Section 7. Action Without a Meeting. Any action required or permitted to be taken at an annual or special meeting of the members may be taken without a meeting, without prior notice, and without a vote if a consent in writing, setting forth the action so taken, is signed by members having not less than the minimum number of votes that would be necessary to authorize or take the action at a meeting at which all members entitled to vote thereon were present and voted. Prompt notice of the taking of the corporate action without a meeting by less than unanimous written consent shall be given to members who have not consented in writing. An electronic transmission (such as an e-mail or fax) consenting to an action transmitted by a member shall be considered written, signed, and dated if the electronic transmission is delivered with information from which the Association can determine (a) that the electronic transmission was transmitted by the member, and (b) the date on which the electronic transmission was transmitted. The date on which an electronic transmission is transmitted is the date on which the consent was signed.
ARTICLE V – Board of Directors
Section 1. Number. The affairs of the Association shall be governed by an odd numbered Board of Directors consisting of such number, but not less than three (3) nor more than nine (9), as shall be determined by the Board of Directors from time to time. Subject to the minimum and maximum number of Directors in the preceding sentence, the Board of Directors of the Association may act from time to time to change the number of members of the Board of Directors. All members of the Board of Directors must be members of the Association. Directors shall serve without compensation. Expenses incurred by a Director in the performance of tasks for the Association are reimbursable upon submission and approval of an expense report therefor. Nothing in these Bylaws shall be construed to preclude any Director from serving the Association in some other capacity and receiving compensation therefore.
Section 2. Election; Terms. All Directors shall serve a three (3) year term, unless they are (a) specifically elected to some shorter term, or (b) they resign or are removed prior to the expiration of a full term. A number of directors equal to the number whose term expires at the time of the meeting shall be elected at each annual meeting of the members, except as provided in Section 4 (Vacancies) below, and each Director shall hold office until the third succeeding annual meeting and until a successor is elected.
Section 3. Powers. The Board of Directors shall have the powers and duties normally enjoyed by directors of nonprofit corporations as more fully provided in the Michigan Nonprofit Corporation Act (“Act”). Without limiting the quality of the foregoing, the Board of Directors is specifically authorized to adopt and amend any and all rules and regulation deemed necessary by the Board; adopt and/or amend rules and regulations satisfactory to the Osceola County and Mecosta County Zoning Commissions controlling and governing the use of the Subdivision and its community facilities; distribute a copy of such rules and regulations to each member of the Association; enforce such rules and regulations by any legal or appropriate action it deems advisable; and appoint a manager who shall receive such compensation as is established and approved by the Board of Directors, who shall serve at the direction of the Board and perform the duties required in the job description provided, if any.
Section 4. Vacancies. Vacancies on the Board of Directors caused by any reason other than the removal of a Director by a vote of the members of the Association (including a vacancy resulting from an increase in the number of Directors) shall be filled by the vote of the majority of the remaining Directors. Each person so elected shall be a Director until a successor is elected to fill the remainder of the term at the next meeting of the Association.
Section 5. Removal. At any regular meeting of the Association duly called, and at any special meeting of the Association called in whole or in part for such purpose, any one or more of the Directors may be removed with or without cause by a vote of those members entitled to vote in an election of such Director’s replacement. At that time a successor shall be elected to fill the vacancy thus created. A successor Director so elected shall serve until the end of the term of the person he was elected to replace. Any Director whose removal has been proposed by the members shall be given an opportunity to be heard at the meeting.
Section 6. Initial Meeting. The first meeting of a newly elected Board of Directors shall be held within thirty (30) days after its election at such time and place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole Board shall be present.
Section 7. Regular Meetings. Regular meetings of the Board of Directors may be held at such times and places as shall be determined from time to time by a majority of the Directors, but at least two (2) such meetings shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by United States mail, electronic mail, telephone or facsimile, at least ten (10) days prior to the date named for such meeting.
Section 8. Special Meetings. Special meetings of the Board of Directors may be called by the President or any two (2) Directors on three (3) days’ notice to each Director, given personally or by United States mail, electronic mail, telephone or facsimile, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in a like manner.
Section 9. Waiver of Notice. Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be deemed a waiver of notice of the time and place thereof unless the appearance is for the purpose of protesting the holding of such meeting. If all the Directors are present at any meeting of the Board, no notice shall be required, and any business may be transacted at such meeting.
Section 10. Quorum. At all meetings of the Board of Directors, attendance of a majority of the Directors then in office shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors, unless otherwise set forth in these Bylaws. If, at any meeting of the Board of Directors, there is less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice. The joinder of a Director in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such Director for purposes of determining a quorum, but no proxies shall be permitted.
Section 11. Electronic Participation in Meeting. A director or a member of a committee may participate in a meeting by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation in a meeting constitutes presence in person at the meeting.
Section 12. Action Without a Meeting. Unless otherwise restricted by the Articles of Incorporation or these Bylaws, any action required or permitted to be taken at any meeting of the Board of Directors may be taken without a meeting if, before or after the action, a written consent to the action is signed by all of the Directors.
Section 13. Bonding. The Board of Directors may require that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be expenses of administration.
ARTICLE VI Officers
Section 1. Designation. The officers of the Association shall be a President, a Secretary, and a Treasurer. The Board of Directors may appoint such other officers, including a Vice President and assistant officers, as it sees fit from time to time. The President, and the Vice President if one is appointed, shall be members of the Board of Directors. All other officers shall be members of the Association and may, but need not, be members of the Board of Directors. The same person may hold two or more offices, but an officer may not execute, acknowledge, or verify an instrument in more than one capacity if the instrument is required by law, the Articles of Incorporation, or these Bylaws to be executed, acknowledged, or verified by two or more officers.
Section 2. Appointment. The officers of the Association shall be appointed annually by the Board of Directors at the organizational meeting of each new Board and shall hold office at the pleasure of the Board.
Section 3. Removal. Upon the affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his or her successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board called in whole or in part for such purposes.
Section 4. President. The President shall be the chief executive officer of the Association. The President shall preside at meetings of the Association and of the Board of Directors. The President shall have all of the general powers and duties which are usually vested in the office of the president of a corporation, including, but not limited to, the power to appoint committees from among the members of the Association from time to time as the President may deem appropriate to assist in the conduct of the affairs of the Association.
Section 5. Secretary. The Secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the members of the Association; the Secretary shall have charge of such books and papers as the Board of Directors may direct; and shall, in general, perform all duties incident to the office of the Secretary.
Section 6. Treasurer. The Treasurer shall have responsibility for the Association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements, specifying the operating expenses clearly, in books belonging to the Association. The Treasurer shall be responsible for the deposit of all moneys and other valuable effects in the name and to the credit of the Association, and in such FDIC insured depositories as may, from time to time, be designated by the Board of Directors. The Treasurer shall ensure that expenditures for the maintenance and repair of Association property and any other expenses incurred by or on behalf of the Association are properly recorded. The Treasurer shall prepare and distribute to each member at least once per year the Association financial statement. Specific duties or tasks of the Treasurer may also be delegated to other Officers or agents from time to time as authorized by the Board of Directors.
Section 7. Other Duties. The Officers shall have such other duties, powers and responsibilities as shall, from time to time, be authorized by the Board of Directors. If the Board of Directors appoints a Vice President, the Vice President shall take the place of the President and perform his or her duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President, if appointed, is able to act, the Board of Directors shall appoint some other member of the Board to do so on an interim basis.
ARTICLE VII Standing and Special Committees
Section 1. Architectural Control Committee. The Board of Directors shall appoint the Architectural Control Committee. The people serving on the Committee shall serve at the pleasure of the Board of Directors.
Section 2. Nominating Committee. The Board of Directors shall appoint a Nominating Committee. Said committee shall have the responsibility of soliciting persons to become candidates for membership on the Board of Directors, or as Officers of the Association, and for preparing and mailing ballots and voting instructions to each Member entitled to vote, if required, and for notification of each elected Director of his or her election, and such other duties as the Board of Directors may direct.
Section 3. Other Committees. The President or the Board of Directors may appoint such standing or special committees as deemed necessary, and shall define the duties of each appointed committee. Committees shall meet at the call of the President or the chairperson of each respective committee, and shall report to the Board of Directors as requested. The people serving on each committee shall be members of the Association and shall serve at the pleasure of the Board of Directors.
Section 4. Term of Office. Each member of a committee shall continue as such for the term specified at the time of their appointment and until his or her successor is appointed, or if no term is specified at the time of their appointment, until the next annual meeting of the members of the Association and until his or her successor is appointed, each unless the committee shall be sooner terminated, or unless such member be removed from such committee or unless such member shall cease to qualify as a member thereof.
Section 5. Chairperson. One member of each committee shall be appointed chairperson by the person or persons authorized to appoint the members thereof. The chairperson shall be a member of the Board of Directors.
Section 6. Vacancies. Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointment.
Section 7. Quorums. Unless otherwise provided in a resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present, shall be the act of the committee.
Section 8. Rules. Each committee may adopt rules for its own government consistent with these regulations or with the rules adopted by the Board of Directors.
ARTICLE VIII Finance
Section 1. Fiscal Year. The fiscal year of the Association shall be such annual period commencing on such date as may be determined by the Directors. The commencement date of the fiscal year shall be subject to change by the Directors for accounting reasons or other good cause.
Section 2. Depository. The funds of the Association shall be deposited in such FDIC insured financial institution as may be designated by the Directors and shall be withdrawn only upon the check or order of such officers, employees or agents as are designated by resolution of the Board of Directors from time to time.
Section 3. Employment. The Board of Directors may employ either members or nonmembers of the Association to perform necessary services for the Association and for the Subdivision. Positions that will receive compensation should be announced prior to the commencement of the new year to permit interested Association members the opportunity to apply for such positions. Such an announcement shall contain the job title, job description, rate of pay, and qualifications required, and may be made in any manner reasonably likely to inform members of the opportunity, including, without limitation, publication in a regularly published periodical (such as the L.M.P.O.A. Newsletter) or posting in the Association’s clubhouse or on the Association’s website. Preference should be given to qualified applicants from within the Association membership.
ARTICLE IX Indemnification of Officers and Directors
Section 1. Indemnification; Third Party Claims. The Association shall indemnify and hold harmless a person who was or is a party or is threatened to be made a party to any threatened, pending or complete action, suit or proceeding, whether civil, criminal, administrative or investigative and whether formal or informal, other than an action by or in the right of the Association, by reason of the fact that the person is or was a director, officer, employee or agent of the Association, against expenses, including attorneys fees, judgments, penalties, fines and amounts paid in settlement, actually and reasonably incurred by the person in connection with the action, suit or proceeding if the person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the Association or proceeding, if the person had no reasonable cause to believe that conduct was unlawful. The termination of any action, suit or proceeding by 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 the person reasonably believed to be in or not opposed to the best interests of the Association or its members and, with respect to any criminal action or proceeding, had reasonable cause to believe that the conduct was unlawful.
Section 2. Indemnification; Association or Derivative Claims. The Association shall indemnify and hold harmless a person who was or is a party to or is threatened to be made a party to a threatened, pending or completed action or suit by or in the right of the Association to procure a judgment in its favor by reason of the fact that the person is or was a director, officer, employee or agent of the Association, against expenses, including actual and reasonable attorneys fees and amounts paid in settlement, incurred by the person in connection with the action or suit if the person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the Association or its members. However, indemnification shall not be made for a claim, issue or matter in which the person has been found liable to the Association unless and only to the extent that the court in which the action or suit was brought has determined upon application that, despite the adjudication of liability but in view of all circumstances of the case, the person is fairly and reasonably entitled to indemnification for expenses which the court considers proper.
Section 3. Mandatory Indemnification. To the extent that a director, officer, employee or agent of the Association has been successful on the merits or otherwise in defense of an action, suit or proceeding referred to in Sections 1 or 2 of this Article, or in defense of a claim, issue or matter in the action, suit or proceeding, the successful party shall be indemnified and held harmless against expenses, including actual and reasonable attorneys fees incurred in connection with the action, suit or proceeding and in any action, suit or proceeding brought to enforce the mandatory indemnification provided in this Section.
Section 4. Determination of Permissive Indemnification. An indemnification under Sections 1 or 2 of this Article, unless ordered by a court or required under Section 3 of this Article, shall be made by the Association only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper under the circumstances because the person has met the applicable standard of conduct as set forth in Sections 1 or 2 of this Article. This determination shall be made in any of the following ways:
(a) by a majority vote of a quorum of the Board of Directors consisting of directors who were not parties to the action, suit or proceeding;
(b) if the quorum described in subdivision (i) is not obtainable, then by a majority vote of a committee of directors who are not parties to the action, suit or proceeding (the committee shall consist of not less than 2 disinterested directors);
(c) by independent legal counsel in a written opinion; or
(d) by a majority vote of the members.
Section 5. Partial Indemnification. If a person is entitled to indemnification under Sections 1 or 2 of this Article for a portion of expenses, including attorneys fees, judgments, penalties, fines and amounts paid in settlement, but not for the total amount thereof, the Association may indemnify and hold harmless the person for the portion of the expenses, judgments, penalties, fines or amounts paid in settlement for which the person is entitled to be indemnified.
Section 6. Liability Insurance. Notwithstanding the foregoing, the right to indemnification provided to any person described in Sections 1 or 2 of this Article shall exist only to the extent it exceeds the amount of any valid and collectible insurance proceeds or other source of indemnification available for the benefit of such person, including any benefit available under any self-insurance plan of the Association, or any insurance, primary or secondary, available pursuant to the plan of any other organization. No rights of subrogation are intended to be created by this Section. Notwithstanding any limit on indemnification under Michigan law, the Association may purchase and maintain insurance on behalf of any person described above against any liability asserted against him or her or incurred by him or her in any such capacity arising out of his or her status as such, whether or not the Association would otherwise have the power to indemnify under the circumstances.
Section 7. Expense Advancement. Expenses incurred in defending a civil or criminal action, suit or proceeding described in Sections 1 or 2 of this Article shall be paid by the Association in advance of the final disposition of the action, suit or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay the expenses if it is ultimately determined that the person is not entitled to be indemnified by the Association. The undertaking shall be an unlimited general obligation of the person on whose behalf advances are made but need not be secured unless otherwise specifically prescribed by a majority vote of the Board of Directors in the manner described in Section 4 of this Article.
Section 8. Nonexclusivity. The indemnification or advancement of expenses provided under Sections 1 through 7 of this Article are not exclusive of other rights to which a person seeking indemnification or advancement of expenses may be entitled under any separate contractual agreement. However, the total amount of expenses advanced or indemnified from all sources combined shall not exceed the amount of actual expenses incurred by the person seeking indemnification or advancement of expenses. Section 9. Heirs, Executors and Administrators. The rights provided in Sections 1 through 7 of this Article shall continue as to a person who ceases to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators or the person.
ARTICLE X Amendments
Section 1. Method. These Bylaws may be amended (a) by a majority vote of the active members present at a duly constituted meeting of the members at which a quorum was established, (b) by a written consent signed by a majority of the active members, or (c) by a 75% or greater vote of the Board of Directors.
Section 2. Proposed. Amendments to these Bylaws may be proposed by the Board of Directors of the Association acting upon the vote of the majority of the Directors or by one-third (1/3) or more in number of the active members of the Association, whether meeting as active members or by an instrument in writing signed by them.
Section 3. Meeting. Upon any such amendment being proposed, a meeting for consideration of the same shall be duly called in accordance with these Bylaws.
Section 4. Distribution. A copy of each amendment to these Bylaws shall be furnished to every active member of the Association after adoption, but failure to make such distribution shall not affect the validity of any amendment otherwise duly adopted.
* * *
The above Restated Bylaws of Lake Miramichi Property Owners Association, Inc. were approved and adopted by a majority vote of the members at a meeting of the Association members on November 12, 2006.
Richard N. Stewart, Secretary
PROTECTIVE COVENANTS OF LAKE MIRAMICHI, INC., SUBDIVISIONS
Nos. 2, 3, 4, and 5, a part of Sections 32 and 33 (T17N, R8W)
Evart Township, Osceola County, Michigan
Acknowledged November 3, 1967
Recorded December 12, 1967
Liber 267 Photos page 160 to 163 inclusive (Mecosta County) Amended October 17 (Osceola County), 28 (Mecosta County), 1988 Liber 469 page 699 (Mecosta County)
Amended February 4, 2002
Liber 732 Pages 169-173 (Osceola County)
1. Said lots shall be used exclusively for residential purposes except those lots that may be designated, subject to rezoning (if any), and zoned as business or commercial areas on the plats by Lake Miramichi, Inc.
2. Not more than one single family dwelling house may be erected or constructed on any one lot, nor more than one building or garage for storage purposes and provided further that no building or structure of any kind shall be erected prior to the erection of a dwelling house. No accessory or temporary building shall be used or occupied as living quarters. No structure shall have tar paper, roll brick siding, or similar material on outside walls. No house trailers, tents, shacks, or similar structures shall be erected, or moved to, or placed upon said premises. All buildings must be completed within six months from date the construction commences.
3. No residence shall have less than 900 sq. ft. of living space on the ground floor, or first floor exclusive of porch area. All foundation and structural plans for any building or structure are subject to the approval of Lake Miramichi, Inc., or its assigns. No porch or projection of any building shall extend nearer than thirty (30) feet from any road right-of-way, nor nearer than ten (10) feet from the property line of any abutting property owner, nor within fifty (50) feet from the normal high water line of Lake Miramichi, as shown on recorded plats.
4. No outside toilet shall be allowed on any premises. No untreated waste shall be permitted to enter into Lake Miramichi. Each dwelling shall have an individual sanitary unit and the owner of said lot shall install a septic type of sewage treatment plant, or any other type of plant, approved by the Osceola or Mecosta County Health Department, whichever department is controlling. All sanitary units must conform with the recommendations of the appropriate County Health Department and Lake Miramichi, Inc., or its successors or assigns. No drain field, or other disposal system shall be allowed nearer than sixty (60) feet from the normal high water mark of Lake Miramichi subdivision. [NOTE: The prohibition against drilling and using private water wells was revoked by Order of Court on February 4, 2002.1
5. No noxious or offensive trade or activity shall be permitted on any lot, nor shall anything be done thereon that shall be or become an annoyance or nuisance to the neighborhood. No animals or fowl shall be kept or maintained on said lot except customary household pets. No signs of any kind shall be displayed on any lot without the written permission of Lake Miramichi, Inc., or its successors or assigns. All lots must be kept in a tidy manner. Failure to do so will result in maintenance of said lot by the Property Owners Association in which event a proper charge for same will be levied, and collected as provided in Restriction Number 9 hereof.
6. No boat docks, floats, or other structures extending into the Lake shall be constructed or placed into or on said Lake without prior written approval of Lake Miramichi, Inc., its successors or assigns. Use of the Lake shall be in compliance with the Rules and Regulations of the Lake Miramichi Property Owners Association, Inc.
7. Lake Miramichi, Inc. for itself, its successors and licensees, reserves a ten (10) foot wide easement along all road rights-of-way and a five (5) foot wide easement along the side and rear lines of each and every lot for the purpose of installing, operating, and maintaining utility lines and mains thereon, together with the right to trim and/or cut or remove any trees and/or brush and the right to locate guy wires, braces, and anchors wherever necessary for said installations, operations, or maintenance; together with the right to install, operate, and maintain gas and water mains, sewer lines, culverts, and drainage ditches, and other services and appurtenances thereto, for the convenience of the property owners, reserving also the rights of ingress and egress to such areas for any of the purposes mentioned above.
EXCEPTIONS: (1) Where an owner of two or more adjoining lots constructs a building that shall cross over or through a common lot line, said common lot line shall not be subject to the aforementioned five (5) foot easement unless it is shown on recorded plats; (2) No easement shall exist on that portion of any waterfront lot running along or abutting the shoreline of Lake Miramichi unless shown on the recorded plats, except, however, Lake Miramichi, Inc. for itself, its successors, assigns, and licensees, reserves the right to cause or permit drainage of surface waters over and/or through said lots. Lake Miramichi Inc., its successors or assigns, reserves an easement on, over, or under all road rights-of-way for the purpose of installing, operating, and maintaining the above mentioned utilities and drainage. The owners of said property shall have no cause of action against Lake Miramichi, Inc., its successors, assigns, or licensees either at law or in equity excepting in case of willful negligence by reason of any damages caused said property in installing, operating, removing, or maintaining the above mentioned installations. Lake Miramichi, Inc., its successors and assigns, reserves all mineral rights and underground storage rights in and under said lands.
8. Each lot owner in Lake Miramichi shall be subject to an annual charge of $30, which he or she agrees to pay to Lake Miramichi Property Owners Association, Inc., its successors and assigns, annually, on the 151 day of April (as provided in the Code of Regulations of said Association), commencing in the year following the date of the Agreement of Purchase, for the maintenance and upkeep of the various areas reserved for the use of the property owners, irrespective of whether the privileges of using such areas are exercised or not. Grantee agrees that the use of any of the above mentioned areas shall be subject to approval of Grantee, his heirs, executors, or assigns, for membership in Lake Miramichi Property Owners Association, Inc., as herein provided and to comply with all rule and regulations from time to time promulgated by said Association. Grantee, for himself, his heirs, executors, and assigns, further agrees that the charges as herein set forth shall be and constitute a debt that may be collected by suit in any court of competent jurisdiction or otherwise; and that upon the conveyance of any part of the plat described herein, the Purchaser thereof, and each and every successive owner and/or owners shall, from the time of acquiring title, covenant and agree as aforesaid to pay to Lake Miramichi Property Owners Association, Inc., its successors and assigns, all charges past and/or future as provided in, and in strict accordance with, the terms and provisions hereof.
As part of the consideration herein, Grantee for himself, his heirs, executors or assigns, agrees that he will not sell, assign, or convey to any person, or persons, not approved for membership in Lake Miramichi Property Owners Association, Inc., and all persons owning residential lots in said subdivisions shall be members of said Association.
Amendment: By Order of Court dated October 17, 1988, “the Restriction designated as #8 of the ‘Restrictive Covenants’ attached to the deeds issued in the Lake Miramichi Subdivision limiting the annual charge to $30.00 is not a restriction running with the land. . . . That this Restriction is an unreasonable limitation imposed upon Lake Miramichi Property Owners Association, Inc. . . That the annual assessment for the maintenance and upkeep of the various areas in Lake Miramichi Subdivisions reserved for the use of the property owners be established under the provisions of the Code of Regulations of Lake Miramichi Property Owners Association, Inc. as they now exist or as they may be amended. . . That a certified copy of this judgment may be recorded in the records of the Office of the Register of Deeds for Osceola County and for Mecosta County, and that upon such recording the above-enumerated ‘Restricted Covenant’ is hereby eliminated, cancelled, nullified, and repealed.” [NOTE: This passage and the requirements contained within it were revoked by Order of Court on February 4, 2002.]
9. These restrictions shall be considered as covenants running With the land, and shall bind the purchasers, their heirs, executors, successors, administrators, and assigns; and if said owners, their heirs, executors, administrators, successors, or assigns shall violate, or attempt to violate, any of the covenants or restrictions herein contained, it shall be lawful for any person or persons owning any such lots in the subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate, any such covenants or restrictions and either to prevent him or them from so doing, or to recover damages for such violation. All of the restrictions, conditions, covenants, or agreements contained herein shall continue until January 1, 1977. The same may be thereafter, and from time to time, changed, altered, amended or revoked in whole or in part by the owners of the lots in the subdivision whenever the owners of at least two thirds of the said lots so agree in writing. Provided, however, that no changes shall be made that might violate the purpose set forth in restriction No. 1. Any invalidation of any one of these covenants or restrictions shall in no way affect any other of the provisions thereof, which shall thereafter remain in full force and effect.