LAKE COMO BEACH PROP. OWNERS ASSO. v. GIOVANNONI


26 Wis.2d 340 (1965)

LAKE COMO BEACH PROPERTY OWNERS ASSOCIATION, Appellant, v. GIOVANNONI and wife, Respondents.

Supreme Court of Wisconsin.

February 2, 1965.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by John Morrissy of Lake Geneva.

For the respondents there was a brief and oral argument by William H. Freytag of Elkhorn.

A brief amicus curiae was filed by Irving W. Zirbel, attorney, and Porter, Quale & Zirbel of counsel, all of Milwaukee, for the Federation of Wisconsin Lake Property Owners Associations, Inc.


FAIRCHILD, J.

Corporations like plaintiff are given certain powers by sec. 289.70, Stats. Sub. (2) provides:

"Upon the adoption and approval of the annual budget by a majority of the membership . . . the governing board of such corporation shall be empowered to levy an assessment not in excess of 8 mills on each dollar of assessed valuation to be known as a maintenance assessment against all of the lots, the ownership of which entitles the owner thereof to...

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