1. Making Requests for Docking Space
Requests for docking space must be made in writing to the Twin Lakes Improvement Association (“Association”) and Board of Directors (“Board”).
The Board will acknowledge each request by sending a letter of receipt to the requester. The letter of receipt will note the date the request was received by the Board.
Requests that cannot be satisﬁed during a boating season (April 1 through November 1) will be retained by the Board for consideration in all subsequent years.
In the event of a sale or transfer of the requester's home, the request cannot be transferred to the new homeowner.
2. Identiﬁcation of Available Spaces
(“Residents”) that have (with permission of the Board) maintained a dock and/or boat at the Association Beach and wish to continue doing so, must notify the Board in writing by February 1st each year. The Board will send a notice to residents to remind them of this requirement following each boating season.
If a resident fails to notify the Board that they intend to retain their space from the previous year, the space they held will be considered uncommitted and available.
Between February 1 and February 15, the Board (or designated committee) shall determine if there are any uncommitted docking spaces available.
3. Reviewing Requests, Notiﬁcation, and Acceptance
When uncommitted docking spaces are available, the Board will review requests from lot owners for docking spaces. Each request will be assigned a place on a list. The position within the list will be based on the date the request was received by the Board. The ﬁrst request received will be the ﬁrst on the list, the last received will be last on the list.
When there is an uncommitted docking space available, the Board will select the ﬁrst request from the list. The Board will contact the requester by letter to inform them of the vacancy, and the date by which they must accept the available space, which will in no case be less than 30 days.
Upon receiving the notiﬁcation from the Board, the requester must respond to the Board and accept or reject the available docking space. Acceptance must be in writing, and must be received no later than the date speciﬁed by the Board. The Board will consider failure of a requester to respond within the time allowed to be a rejection of the available docking space, and the request will be closed
If an available space is rejected, the Board will select the next request from the list and follow the same rules for notiﬁcation and acceptance. This process will continue until either 1) all docking space has been granted to requester's or 2) there are no requests remaining.
4. Dock Installation & Removal
Installation, maintenance, and removal of (“Docks”) at (“Kelly Beach”) are the responsibility of the residents using the dock space. Docks can be installed no earlier than April 1st and must be removed by October 31st and stored off-site.
Docks must be kept up to manufacturer specified installation procedure, including posts and support systems, to ensure safety. Docks that are found unsafe will need to be repaired or replaced in order to prevent loss of dock privilege.
5. Homeowners Association Dues
Residents must be current on payment of Homeowners Association dues as of February 15th of each year in order to use one of the dock slots. Non payment of dues will result in forfeiture of dock privileges and the dock slot will be offered to the next in line on the waiting list.
6. Release and Indemnification of Association and Board,
Resident shall indemnify, defend and hold harmless the Association (and its Board, officers, directors, shareholders, general or limited partners, managers, members, employees, agents, insurers, attorneys, successors and assigns) from and against any and all losses, damages, liabilities, claims, demands, obligations, fines, penalties, costs, expenses (including actual fees and expenses of attorneys engaged by the Association or Board in defense of any act or omission), judgments or amounts paid in settlement by the Association or Board by reason of any injury or loss occurring within Kelly Beach and/or on the Docks, or by virtue of the existence of the Docks and any ancillary watercraft moored at the Docks..
7. Use of the Docks
Resident shall only use the Docks for ordinary mooring purposes and not for storage, swimming, lounging, sunbathing, or any other use. Resident must provide proof of liability insurance covering the Dock with the Association as a named party for the current boating season. Resident’s Dock must exist in compliance of all laws regulating temporary seasonal mooring structures, as defined part 301 of the Michigan Natural Resources and Protection Act (NREPA) and in compliance of all Township regulations, ordinances, and codes. Docks may only be linear, straight structures and may not consist of any “L”, “H”, or “T” configuration. Docks must be no longer than the minimum length to allow watercraft safe mooring due to water depth. Canopies, sun shades, and boat hoists are prohibited structures. Resident understands and acknowledges that the Association’s ability to allow Docks at Kelly Beach is subject to change at any time. Should the Association lose permission for the Docks, Resident must remove the dock immediately. Should the Association lose the ability to allow some, but not all, Docks, the most recent Resident allowed a Dock will be the first Resident required to remove their Dock, continuing on in said order.