Main Pier has many exciting activities at and near the marina. We have annual picnics, fishing tournaments, and much more. Check back here often for news, event photos, and information you'll want to have a safe and enjoyable boating year.

Dear Co-Owners

             Please be advised that this office represents the Main Pier Condominium Marina Association. Your recent correspondence requesting the full reopening of the Marina and its facilities has been referred to this office for a response.

             While it can be appreciated that financial burden due to the pandemic has unfortunately been placed upon numerous sectors of our economy, including those relating to charter fishing, the Association nonetheless is duty-bound to comply with Executive Order 2020-69.

 The Order in pertinent part, 3.b. defines “Place of public accommodation” as follows:

“Place of public accommodation” means a business, or an educational, refreshment, entertainment, or recreation facility, or an institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. Place of public accommodation also includes the facilities of private clubs, including country clubs, golf clubs, boating or yachting clubs, sports or athletic clubs, and dining clubs. (Emphasis added)

The Bylaws (Article IV, Section 4. Activities), provides in pertinent part:

“… No business activity, wholesale or retail, shall be conducted or carried out on any unit or limited or general Common Elements, except charter boat fishing activity which is specifically permitted…” (emphasis added)

      It is clear from the applicable bylaw provisions that the facilities of the Marina are “extended” or “otherwise made available to the public” through the specific authorization for members to conduct charter fishing activities and have access to the common elements. The recognition that the Association is not a true “Marina” since the units are individually owned, is irrelevant as the Order addresses “facilities” or “institutions” of any kind, which would include a Condominium Association whose common elements are authorized to be used by the public through specifically authorized charter fishing.  The “Common Elements” of course are subject to the obligation of the Condominium Association for regulation and maintenance for the benefit of all, and all members are subject to such regulations notwithstanding their unit ownership.

      Additionally, the Order’s Restrictions on use applies to Places of Public Amusement. It appears reasonable to assume that Charter Fishing Activities as allowed by the bylaws would involve close contact of persons. The Order in pertinent part, 3.c. defines “Places of public amusement” as follows:

“Place of public amusement” means a place of public accommodation that offers indoor services or facilities, or outdoor services or facilities involving close contact of persons, for amusement or other recreational or entertainment purposes. A place of public amusement includes an amusement park, arcade, bingo hall, bowling alley, indoor climbing facility, skating rink, trampoline park, and other similar recreational or entertainment facilities.

The Association has been given the broad powers to promulgate rules and regulations affecting the facility, the health and welfare of its members, and regulation regarding its common elements. Article IV, Section 9, provides as follows:

Rules and Regulations.  It is intended that the Board of Directors of the Association may make rules and regulations from time to time to reflect the needs and desires of the majority of the Co-owners in the condominium. Reasonable regulations consistent with the Act, the Master Deed and these Bylaws concerning the use of the Common Elements may be made and amended from time to time by any Board of Directors of the Association, including the first Board of Directors (or its successors) prior to the Transitional Control Date. All copies of such rules, regulations and amendments thereto shall be furnished to all Co-owners.

                                    Though reference has been made to the bylaws referencing that recreational facilities shall neither be increased or terminated without 60% support of the membership, the same is generally referenced in bylaws to prevent major change regarding expansion or permanent termination, as opposed to suspension. Obviously, if a facility for instance is under repair, the Association has the power through regulation to temporarily suspend its occupation or use. The same would certainly be authorized in light of Executive Orders addressing the pandemic.

                                    Moreover, the powers of a Condominium Association has been recognized and articulated by case law that describes the rationale behind such power, together with the limitation of rights of the individual members as owners of their individual property. In Meadow Bridge Condominium Association v. Bosca, 187 Mich App 280, (1990), (and as later confirmed in Conlin v Upton, 313 Mich App 243 (2015) which conditioned such power upon bylaws allowing for regulation by the Board of Directors), it is stated:

“[I]nherent in the condominium concept is the principle that to promote the health, happiness, and peace of mind of the majority of the unit owners since they are living in such close proximity and using facilities in common, each unit owner must give up a certain degree of freedom of choice which he might otherwise enjoy in separate, privately owned property. Condominium owners comprise a little democratic subsociety of necessity more restrictive as it pertains to use of condominium property that may exist outside of the condominium organization. The Declaration of Condominium involved herein is replete with examples of the curtailment of individual rights usually associated with private ownership of property.” [Cohan v Riverside Park Place Condominium Ass'n, Inc (After Remand)140 Mich App 564, 569-570; 365 NW2d 201 (1985).]

                                   For the reasons stated, the Association has no alternative but to comply with the Governor’s Order pending further notice or change.

                                                                       Very truly,

 

                                                                       Ron Tyler

Al Pollum has been a mainstay in the marina, and has probably helped every owner more than once - certainly me many times over. He is is in the hospital recovering from surgery (not virus related), and I would like to request that we keep him in our prayers as he recovers. We wish you well, Al, and look forward to seeing you around the marina soon! 

Based on guidance from the state and federal government, the Board of Directors has decided to delay the Spring 2020 opening of the marina due to the COVID-19 virus.

The water will remain off until further notice, and there will be no servicing of the porta-johns or trash pickup. The regular bathrooms remain locked, and the board strongly recommends avoiding use of the clubhouse since we will not be doing any cleaning or maintenance. The fish cleaning building will also remain locked since there is no water service at this time. 

The board members regret having to make such a decision, yet recognize that they have a duty to protect all of us as well as comply with government orders. (From a government perspective, a marina is considered a non-essential business). Once new guidance is given by the government to allow marina activities to commence, they will schedule the services to re-open as soon as possible.  Remember that the board members are slip owners too, and are as anxious as the rest of us to get on the water and get back to our normal lives.

Stay up to date on the virus in Michigan on the Coronavirus in Michigan website.

We are sad to note the passing of Ron Baldas this morning. 

Please refer to the Ronald Baldas Obituary for information on visitation, funeral arrangements and memorial suggestions. You may also share a memory or leave a message for the family on the tribute wall in the online obituary. 

We will all miss him and send our prayers to the family. 

Due to continued freeze warnings, the water will be shut off Friday, Oct. 11, 2019. Today (Tuesday Oct. 8) my car recorded a temperature of 31° at the high school at 6am. 

We are sad to share this announcement of Ted's passing. 

https://www.mullenbachfh.com/obituaries/Theodore-Orville-Ted--Brown?obId=7156680#/obituaryInfo

Please stop by the website above, share a memory and view the Visitation and Memorial Service details.

Main Pier Marina is scheduled to have a weed and algae treatment on Tuesday, July 30, 2019  The signs for the treatment will be posted prior to the treatment.  If there are any changes to this schedule we will send a follow-up email.

Thank you,

Aquatic Nuisance Plant Control/Northern Division
 

Get the Answers to the Most Asked Questions.
Yellow Lab in Water  

What about swimming after the application?  Can we eat the fish? What if my cat or dog drinks treated water?  Etc. . .
 
 
 
"Why Aquatic Herbicides Affect Aquatic Plants and Not You"

Text publication complementing an in depth power-point/slide presentation regarding the relationship between herbicide toxicity and humans compared to plants by Dr. Carole A.  Lembi, Purdue University.

 
 
Visit us online 
 
Sincerely,
 
Aquatic Nuisance Plant Control/Northern Division
 

Aquatic Nuisance Plant Control has provided a Risk Benefit Information document for owners. Specific treatment information is posted around the marina for each treatment. The first treatment has been completed, the second should be in early August.

 2019 Risk Benefit Statement