May 15, 2014
7:00PM, Glacier Highlands Park
It has come to the attention of the current Executive Board of the Glacier Area Homeowners Association (“GAHA”) that GAHA was automatically dissolved by the State of Michigan in October of 1993. Although we have not conducted a formal investigation, we understand from our attorney that this was most likely due to GAHA not meeting State-mandated annual reporting requirements or paying the required fees at that time.
In light of this discovery, the Executive Board of GAHA makes the following recommendations in order to permit the Executive Board to dissolve the current entity and bring a new association into compliance with existing State law. We will hold a meeting at Glacier Highlands Park on May 15, 2014 at 7:00 p.m. Any member (person or family owning property in Glacier Highlands Subdivision No. 4) that has paid $20 to Treasurer, Sara Zocher at 3617 Larchmont, by May 15 or who attends the meeting in person and makes payment of the dues to Sara Zocher prior to the start of the meeting, will be entitled to one vote (in person or by proxy) on the recommendations discussed below.
Formal ratification of the administrative dissolution of GAHA: The board is recommending formal ratification of the administrative dissolution of GAHA because:
1. the costs and administrative burden associated with reviving the prior entity would require GAHA to pay numerous penalties and meet administrative filing requirements with the State for the over 20-year period during which time the entity has been dissolved, and
2. reviving the entity would necessitate a substantial increase in membership dues because of the breadth of the prior entity’s legal responsibilities (including enforcement activities), and
3. the current board has received feedback that members would prefer that a new association be formed to focus and spend membership dues on civic events (e.g. Memorial Day parade), social activities (4th Friday Potlucks, etc.), beautification efforts (enhancement of medians and other neighborhood common spaces) and other actions intended to benefit the neighborhood and its social interactions. Formal ratification of the dissolution will permit the members to transfer the assets of the existing GAHA to a newly formed association as described below.
Donation of the assets of GAHA to a newly formed association: In order to collect dues, disburse funds, and carry on other activities, it is necessary that the homeowner’s association form a new legal entity. The board is recommending that the former accounts and assets of GAHA be transferred to the new association, so that the new entity can undertake the aforementioned civic and social activities.
Approval of the current Executive Board and Officers as a transition team to oversee and manage the affairs of a new association until the entity can conduct its first elections: The board is recommending that the members empower the current Executive Board and Officers of the old GAHA to act as a transition team. This transition team would manage the former accounts and assets of the old GAHA until the new association is formed and organized by a projected date of May 23rd. At that point, the new entity will take over the accounts and assets of the old GAHA and conduct its first elections.
If you have any questions about these recommendations, please direct them to Linh Song, current GAHA Board President by e-mailing her at firstname.lastname@example.org.