Connecticut Seal

Senate Bill No. 52

Special Act No. 03-16

AN ACT CONCERNING THE LAKE GARDA IMPROVEMENT ASSOCIATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 1 of number 255 of the special acts of 1943 is amended to read as follows (Effective from passage):

All owners of [cottages and] dwellings or other real estate specifically located within the limits hereinafter specified in the locality known as Lake Garda in the towns of Farmington and Burlington, are constituted a body politic and corporate by the name of The Lake Garda Improvement Association.

Sec. 2. Section 2 of number 255 of the special acts of 1943 is amended to read as follows (Effective from passage):

The limits and territory of said association are defined and established as follows: All that land located in the towns of Farmington and Burlington delineated and described on a certain map entitled "Map of property sold by Lake Garda Company, Inc. , to Ron-Day, Inc. Revised May, 1936, Scale 1" equals 200 feet," certified by Merton Hodge, L. S. No. 303, and revisions thereof, and on file in the town clerk's office in the respective towns. The limits and territory of said association may be extended at any time so as to include any land in the towns of Farmington and Burlington [adjacent to] within five hundred feet of the above-described land upon written application of the owner or owners of such other land, in an instrument describing the same and the terms of such proposed annexation, provided such application shall be accepted by a two-thirds vote of the members present [or represented] at any annual or special meeting of said association. If such application shall be thus accepted, it shall be inscribed upon the records of said association and recorded in the land records of the towns of Farmington and Burlington and thereupon such other land shall be incorporated within the limits and territory of said association. [and the owner or owners of such other land, while they are owners thereof, shall be a part of said body politic and corporate. ]

Sec. 3. Section 3 of number 255 of the special acts of 1943 is amended to read as follows (Effective from passage):

The [objects] purpose of said association shall be to provide for (a) the improvement and management of the community property; (b) the regulation of development of the lands in said territory; [and for] (c) the health, comfort, protection, [and] convenience and enjoyment of the inhabitants thereof; and (d) the enactment and enforcement of reasonable by-laws, rules and regulations to accomplish such provisions.

Sec. 4. Section 5 of number 255 of the special acts of 1943, as amended by section 1 of number 121 of the special acts of 1953 and section 1 of number 606 of the special acts of 1955, is amended to read as follows (Effective from passage):

Said [corporation] association shall continue to hold an annual meeting [on the second Sunday of October in each year at such time and at such place as the board of directors shall appoint in a notice warning such meeting given as for a town meeting. Said corporation shall continue to have a governing board of six directors, of whom two shall be elected by majority vote at the annual meeting in 1955, and annually thereafter, for a term of three years. The members shall also elect by majority vote at said meeting in 1955, and annually thereafter, for a term of one year, a president, a vice-president, a secretary, a treasurer and a tax collector and such other officers as said association may deem necessary for the performance of its functions. Special meetings may be called from time to time by a majority of the directors or upon petition by at least twenty members of said association upon similar notice. All officers of said corporation shall be members thereof] in October on a date and at a time and place to elect a slate of officers for the next twelve months and to fill any expired or open positions on the board of directors and to conduct any other lawful business as needed. All officers and directors shall be board members. The board of directors shall determine the time and place of said meeting. A notice of such annual meeting or any special meeting shall be mailed at least fourteen days before such meeting to all members at their property address located in the territory of the association or at such alternative address as any member may provide in writing to the tax collector. Special meetings may be called by a majority of the directors or upon petition presented to the board by at least ten per cent of the members. The association shall be governed by a board of eleven directors. Five of the board members shall be officers: president, vice-president, secretary, treasurer and tax collector and they shall serve terms of one year as officers or until their successor is appointed. The board of directors, with all directors who hold an officer position abstaining, shall each year set the compensation of such officers. The remaining six directors shall be elected for a term of three years and until their successor is elected with two directors being elected at such annual meeting in accordance with the staggered terms of two directors elected each year. Any vacancy in the positions of officers or directors occurring prior to the end of the applicable term shall be filled by the board of directors to serve for the remaining portion of that term. All voting for the positions on the board of directors and for officers shall require for affirmation a majority vote of those members present. The number of officers and directors, their terms, the procedure and method used to provide notice to members of meetings and the date of any meeting may be modified at any meeting where notice has been given by the majority vote of members and set forth in the by-laws of the association.

Sec. 5. Section 6 of number 255 of the special acts of 1943 is amended to read as follows (Effective from passage):

Said association may exercise all of the powers herein granted to it and such powers as are necessarily incidental thereto by the adoption of by-laws adopted by the majority vote of the [corporate] members present at annual or special meetings [called for the purpose and of which notice has been given in writing to their last known places of abode or of business; ] as provided in section 5 of number 255 of the special acts of 1943, as amended by this act, and by said by-laws said association may vest the executive powers and duties of the [corporation] association in [the officers and] the governing board of directors and authorize such board of directors to enact and enforce reasonable rules and regulations consistent with sections 3 and 7 of number 255 of the special acts of 1943, as amended by this act.

Sec. 6. Section 7 of number 255 of the special acts of 1943, as amended by section 2 of number 606 of the special acts of 1955, is amended to read as follows (Effective from passage):

The [corporation] association shall have the following powers: [(a) To adopt building and street lines set out by Ron-Day, Inc. , and to establish reasonable building and street lines upon land of the association or upon land hereafter annexed; (b) to protect, care for and replace trees growing along the roads within said territory; (c) to] (a) To construct, maintain, repair and replace walks, bridges, roads, dams, beaches, floats, drains and sewers upon land owned by the [corporation] association and upon the private property of the members thereof to an extent agreed upon by said [corporation] association and any such member or to the extent any such land has been condemned as hereinafter provided; [(d)] (b) to appoint watchmen; [or special policemen who shall have the same powers and duties within its limits, in relation to criminals and criminal offenses, that constables have in towns and who shall have power to make arrests for violations of any by-law, regulation or ordinance of the association or of any general law; (e)] (c) to prescribe fines and penalties for a violation of any [such] by-law, regulation and ordinance of the association not exceeding [fifty dollars] three times the annual assessment for any one offense and such penalties may be recovered in any proper action brought for that purpose in the name of The Lake Garda Improvement Association before any court having jurisdiction for the use and benefit of said association; [(f) to abate outside toilets or any type of unsanitary nuisance and to adopt and] (d) to enforce reasonable sanitary regulations approved by the health officers of the respective towns of Farmington and Burlington; [(g) to enact and enforce for all of the roads in said territory traffic and motor vehicle regulations similar to and no more stringent than the rules of the road and motor vehicle regulations applicable to the highways in said towns, and to provide penalties for the violation thereof similar to and no more stringent than those provided for by said rules of the road and motor vehicle regulations, and such violations shall be a misdemeanor for which prosecution may be instituted in the town courts of Farmington and Burlington; (h) to make and enforce reasonable rules and restrictions for fire prevention; (i)] (e) to reasonably regulate [hunting, trapping,] fishing [, and the use of firearms for any purpose] in said territory; [(j) for the preservation of the public peace] (f) to make and enforce reasonable regulations as to the use of the bathing beaches, club house, floats, common roads and all other real and personal property located within said territory; [(k) to regulate the collection and disposal of garbage and refuse; (l) to regulate peddling as provided for in towns under the general statutes; (m) to require owners or lessees of land or buildings within the limits of said association to remove leaves and other inflammable materials or obstructions from the highways adjacent to or in front of property owned, leased or occupied by them; (n)] (g) to prevent the deposit upon property within the limits of said association of refuse, garbage or waste material of any kind, which, in the opinion of said [corporation] association may endanger the public health or safety or become a nuisance; [(o)] (h) to purchase, lease, acquire, sell, mortgage, hold or own such real and personal estate as its purpose may require; and (i) to provide for the improvement, maintenance and development of the buildings, lands and waters in said territory and for the health, comfort, protection, convenience and enjoyment of the inhabitants thereof and to enact reasonable by-laws, rules and regulations to accomplish such purposes.

Sec. 7. Section 9 of number 255 of the special acts of 1943, as amended by section 1 of number 156 of the special acts of 1951, is amended to read as follows (Effective from passage):

Said association shall have the power, for the purposes of apportioning among all owners of land or other real property the cost or expense of exercising the powers granted by [this act] number 255 of the special acts of 1943, as amended by this act, to lay and collect an annual assessment, which shall be levied by the directors during the month of April in each year, and which shall be an assessment equal as to rate upon all owners of record of any land within said territory on the first day of October in each year, [; ] but joint owners of the same land shall be considered as one owner for the purpose of such levy. Such assessments shall be due and payable on May fifteenth in each year. The directors shall [transmit to] provide the tax collector of said association a rate [bill] book setting forth all necessary information concerning such assessment [, with a warrant authorizing and directing him to collect the same and any forfeitures due] of the members, which tax collector shall have the same powers and duties as have tax collectors of the respective towns of Farmington and Burlington with respect to the collection of taxes. [The directors shall fix the compensation of the tax collector or any other officer of said association. ] If such assessments and forfeitures are not paid within thirty days after their due date, they shall be then due without demand with [six per cent] interest at the statutory rate applicable for delinquent taxes in the state of Connecticut from their due date. They shall constitute a lien without record upon all real estate owned of record by the person upon whom levied within the limits of the territory of said association, and, if not paid within sixty days after their due date, such real estate shall be liened by the tax collector in a manner similar to that provided by law for tax liens upon real estate, and any such lien shall have precedence over all other liens except those for state, county and town taxes.

Approved June 26, 2003