STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5899

May 12, 1981

PLATS:

Subdivision of summer resort association lands

SUMMER RESORTS AND ASSEMBLY ASSOCIATIONS:

Subdivision of lands in compliance with plat act

Summer resort associations authorized by law to subdivide lands of the association must comply with the controlling provisions of the Subdivision Control Act.

The Honorable Phil Arthurhultz

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion concerning the applicability of the Subdivision Control Act of 1967, 1967 PA 288; MCLA 560.101 et seq; MSA 26.430(101) et seq, to the subdivision of lands owned or controlled by 'summer resort associations.'

A 'summer resort association' may be or may have been incorporated under one of the following public acts presently in effect:

(a) 1887 PA 69; MCLA 455.101 et seq; MSA 21.731 et seq, (CL '97 7654 et seq, CL '15 10085 et seq, CL '29 10350 et seq), an act providing for the incorporation of suburban homestead, villa park and summer resort associations;

(b) 1889 PA 39; MCLA 455.51 et seq; MSA 21.691 et seq, (CL '97 7639 et seq, CL '15 10062 et seq, CL '29 10327 et seq), an act providing for the incorporation of associations for purposes of a summer resort, etc.;

(c) 1897 PA 230; MCLA 455.1 et seq; MSA 21.661 et seq, (CL '97 7618 et seq, CL '15 10034 et seq, CL '29 10304 et seq), an act providing for the incorporation of associations for purposes of purchase and improvement of lands to be occupied for summer resorts, etc.; and

(d) 1929 PA 137; MCLA 455.201 et seq; MSA 21.751 et seq, (CL '29 10363 et seq), an act providing for the formation of corporations by summer resort owners.

Each of the above cited acts authorizes corporations incorporated thereunder to acquire, improve, and dispose of real property subject to limitations set forth in the relevant acts: 1929 PA 137, supra, Secs. 4 and 5; 1897 PA 230, supra, Sec. 3; 1889 PA 39, supra, Sec. 4; and 1887 PA 69, supra, Sec. 4.

Only two of the above cited acts expressly authorize corporations formed thereunder to subdivide land owned by them. 1887 PA 69, supra, and 1897 PA 230, supra.

1887 PA 69, supra, Sec. 8, as originally enacted, provided, in part:

The statutory reference is to 1839 PA 91, Sec. 1 (CL '71 1344, CL '97 3372, CL '15 3350). The act, entitled 'An act to provide for the recording of town plats and for vacating the same in certain cases,' was the general law then in effect governing the making and recording of plats.

As last amended by 1929 PA 100, 1887 PA 69; Sec. 8, supra, now provides, in part:

It is my opinion that 1887 PA 69, Sec. 8, supra, as originally enacted and as it was thereafter amended, requires any corporation incorporated under said act to comply, at the time a division of lands is made, with the general laws then in effect governing the making and recording of plats. ⁽¹⁾

1897 PA 230, supra, Sec. 20, as enacted (the same not having been amended since its enactment), authorized corporations formed under the act to make and record plats of lands under their ownership and control. The procedures and standards for such plats as set forth in 1897 PA 230, Sec. 20, supra, are in most respects identical to the provision of the general law then in effect governing the making of plats. 1839 PA 91, supra, Sec. 1, as last amended by 1895 PA 207. It should be noted that 1897 PA 230, Sec. 20, supra, continued no express reference to 1839 PA 91, supra.

By adoption of 1909 PA 114, effective September 1, 1909, the legislature amended Section 1 of 1839 PA 91, supra, by adding the following provision:

Thus, from and after September 1, 1909, any corporation formed under 1897 PA 230, supra, is required, when making a division of land, to comply with the general laws then in effect governing the making and recording of plats.

The Plat Act of 1929, 1929 PA 172, CL '29 13198 et seq, CL '48 560.1 et seq, repealed 1839 PA 91. The Plat Act of 1929 as enacted, however, provided under Section 3:

In 1954, the Plat Act of 1929, supra, Sec. 3 was amended to read:

The word 'proprietor' as used in 1929 PA 192, supra, Sec. 3, included in my opinion any summer resort association incorporated under the acts cited above, 1929 PA 192, supra, Sec. 3, providing:

The Plat Act of 1929 was in turn repealed by the Subdivision Control Act, 1967 PA 288, MCLA 560.101 et seq; MSA 26.430(101) et seq.

The Subdivision Control Act, supra, Sec. 120(h), defines a 'proprietor' as

and defines 'subdivide' or 'subdivision' as

Under provision of Section 103(1) of the Subdivision Control Act, 1967 PA 288, supra:

In summary, it is my opinion that:

(a) Any corporation formed under provisions of 1897 PA 230, supra, was and remains from and after September 1, 1909 subject to all general laws governing the subdivision of lands, the making and recording of plats. 1839 PA 91, supra, 1929 PA 192, supra, and presently 1967 PA 288, supra. In particular, any corporation formed under 1897 PA 230, supra, effectuating a subdivision of land as that term is defined by 1967 PA 288, Sec. 102, supra, must make and record a plat in accordance with all provisions of 1967 PA 288, supra.

(b) Any corporation formed under provisions of 1887 PA 69, supra, 1889 PA 39, supra, or 1929 PA 137, supra, was from its incorporation and remains subject to the general laws governing the making and recording of plats. 1839 PA 91, supra, 1929 PA 192, supra, and presently 1967 PA 288, supra. In particular, any corporation, formed under the cited acts, effecting a subdvision of land, as that term is defined by 1967 PA 288, supra, Sec. 102, must make and record a plat in accordance with all provisions of 1967 PA 288.

Frank J. Kelley