Boat Dock Policy

*Updated December 2023 – supersedes all previous versions
 
Kelly Beach Docking Space Policy
Twin Lakes Improvement Association
Policy on Requests for Boat Docking at Kelly Beach
 
1. Making Requests for Docking Space
Requests for docking space must be made in writing to the Twin Lakes Improvement Association Board of Directors (email address: TLIA-boats@twinlakessub.com).  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 on a waiting list by the Board and will be filled in order in all subsequent years.
In the event of a sale or transfer of the requester's home, the request cannot be transferred.
 
2. Identification of Available Docking Spaces
Residents that have (with permission of the Board) maintained a docking space and wish to continue doing so, must notify the Board in writing by January 1st each year. 
If a resident fails to notify the Board that they intend to retain their docking space from the previous year, the space they held will be considered uncommitted and available to the next resident on the waiting list.
Between January 2 and February 15, the Board (or designated committee) shall determine if there are any uncommitted docking spaces available and will notify the resident next on the waiting list.   

3. Approving Requests
When uncommitted docking spaces are available, the Board will review requests from residents for docking spaces. Each request will be assigned a place on a list, in order of the requests received. The list has no expiration date and will be used and maintained year after year. A copy of the list can be provided upon request.
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 and/or phone 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, and that resident will be removed from the list unless the resident wants to remain on the list.  
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 spaces have been granted to requesters 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 docking space.  Docks can be installed no earlier than April 1st, but must be installed no later than May 31st, and 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.
Boats must be launched by June 1st.  If a resident fails to notify the Board that they intend to launch their boat at a date later than June 1st, the space they held will be considered uncommitted and available.
 
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 docking spaces.  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
Residents shall only use the docking spot  for ordinary mooring purposes and not for storage, swimming, lounging, sunbathing, or any other use.  Residents 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 with all laws regulating temporary seasonal mooring structures, as defined part 301 of the Michigan Natural Resources and Protection Act (NREPA) and in compliance with 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.  Residents understand and acknowledge 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, Residents must remove their 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.