An Act To Reinstate as a Nonprofit Corporation the Orchard Hills Umbrella Association

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the 90-day period likely will not terminate until after the season for reconstructing and repairing roads has ended; and

Whereas,  Orchard Hills Parkway, a private roadway in the City of Bangor, serves 2 residential developments, the Orchard Hills Homeowners Association, consisting of 101 residential units, and the Cortland Circle Homeowners Association, consisting of 51 residential units; and

Whereas,  the Orchard Hills Parkway was constructed in 1985 for the common use of the residents of both of the developments; and

Whereas,  the developers incorporated a nonprofit corporation under the laws of the State known as the Orchard Hills Umbrella Association as a road association to hold title to and to manage and maintain the Orchard Hills Parkway and related common areas; and

Whereas,  the Orchard Hills Umbrella Association failed to file its annual report and was administratively suspended by the Secretary of State in 1989; and

Whereas,  the Orchard Hills Parkway has grossly deteriorated and needs to be fully reconstructed during the next construction season before the road completely fails; and

Whereas,  the Orchard Hills Umbrella Association needs to be reinstated as a nonprofit corporation by an act of the Legislature; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. Reinstatement of Orchard Hills Umbrella Association. Notwithstanding the provisions of the Maine Revised Statutes, Title 13-B, chapter 13, the Secretary of State shall reinstate the Orchard Hills Umbrella Association as a nonprofit corporation under Title 13-B in good standing. Notwithstanding the provisions of Title 13-B, chapters 13 and 14, except for the fee due under Title 13-B, section 1401, subsection 31 for 2015, any fees or penalties associated with this reinstatement are waived.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill reinstates the Orchard Hills Umbrella Association, a nonprofit corporation with the purpose of maintaining the Orchard Hills Parkway in the City of Bangor that was administratively dissolved by the Secretary of State in 1989.