May dues and assessments levied pursuant to MCL 455.219; MSA 21.769, become a lien upon the land of an owner thereof when such land has become incorporated within the territory of a summer resort owners' corporation pursuant to MCL 455.206; MSA 21.756, and MCL 455.206e; MSA 21.756(5), despite the fact that such owner, or his or her predecessor in title, has not filed with the secretary of said corporation a grant of authority as required by MCL 255.207; MSA 21.757?

'Persons eligible to membership in said corporation, at any and all times, must be freeholders of land in the county of its organization and such land must be contiguous to the resort community in which the corporation is organized: Provided, however, It shall not be necessary that the lands of all members shall join, but it shall be sufficient if such lands are reasonably adjacent to the resort community, so as to be benefited by membership therein, . . ..'

'Members admitted to the said corporation at its organization and afterwards, shall file with the secretary of said corporation a writing, subscribed, witnessed and acknowledged, in accordance with the requirements of deeds, which writing shall grant to the corporation the right to exercise all jurisdiction, conferred by this act, over the lands owned by members of said corporation. Such grant of authority to the corporation shall be duly recorded in the office of the register of deeds of the county.'

'That the land of no owner that does not voluntarily join such corporation can be compelled to come under the jurisdiction of the corporation until after a body politic and corporate has been incorporated under this act in the territory to be affected and has continued to function as such for a period of 2 years. Thereafter an election may be called by the board of trustees or board of directors within the territory to be affected for the purpose of determining whether the entire territory comprising the subdivisions or parts of subdivisions affected should become entirely incorporated.'

'For the purpose of such election all freeholders who have resided week-ends in the territory to be affected for a period 1 month prior to such election and who are qualified voters in any voting precinct of the state of Michigan at general elections, are qualified voters for the purpose of this act.'

'that the residence requirement of Sec. 6c was from the beginning, and is now, constitutionally invalid, . . ..

'We further hold that the election held was invalid and that the Association cannot exercise any jurisdiction over plaintiffs and other similarly situated freeholders at least until all affected freeholders are given an opportunity to speak at the ballot box or until they have voluntarily executed grants of authority pursuant to Sec. 7 of the act.

'The residence requirement in question is severable from the remainder of the statute, and the remainder is in itself a complete act. . . .' (Emphasis added.)

(1) by virtue of an election held pursuant to MCL 455.206; MSA 21.756, and MCL 455.206e; MSA 21.756(5), or

(2) by voluntarily executed 'grants of authority' pursuant to MCL 455.207; MSA 21.757.

'If a majority of the said qualified voters of the entire territory comprised in the territorial description contained in the notice of election shall vote in favor of the incorporation under this act, then the said board of trustees or directors shall declare the entire territory so affected to be incorporated under this act, and shall file with the county clerk and record with the register of deeds of the county wherein the territory is situated copies of the notice of election, and the resolution of the board of directors or board of trustees declaring the election carried and thereafter such territory shall all become so incorporated.' (Emphasis added.)

'I would, therefore, advise you that if there was no defect in the corporation of the . . . [a]ssociation, or in the elections held by it; it may validly exercise all those rights, powers, and obligations vested in such corporations by 1929 PA 137, supra.

'In particular, Section 19 of 1929 PA 137, supra, provides:

"The Corporation may assess annual dues and special assessments against members, by a vote of the majority thereof, for the purpose of carrying into effect any of the powers herein contained and may prescribe the time and manner of payment and manner of collection, and in case of delinquencies may provide that such dues and assessments shall become a lien upon the land of the delinquent member and may provide a manner and method of enforcing such lien." (Emphasis added.)