PIER SPECIFIC BY-LAWS
MALLWOOD BYLAWS, AS AMENDED AND RESTATED AUGUST 12, 2023
ARTICLE VIII: MISCELLANEOUS, Section 11 - SPECIFIC TO PLACEMENT OF PIERS ON COMMON AREAS:
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In order to improve the shoreline appearance and help minimize the Association’s liability exposure, the following additions to the
By-laws are adopted: Any Association member in good standing who places a privately-owned pier on a Mallwood Association Improvement Association common MUST:
a) The numbers are provided by Mallwood and are placed on the shoreline, mounted to a post, at the spot where the pier can be installed. Pier spots will be assigned and approved by majority vote of the Mallwood board. To obtain a pier spot and number a member must contact the Secretary treasurer to be assigned the next available spot. If all spots are currently in use, a waiting list will be maintained. If the next person on the list does not want the next available spot, they go to the last spot on the waiting list at the time they refuse the next available spot.
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b) Piers cannot be installed in the lake before March 15th. Piers must be installed by June 15th or member could lose pier privileges. Piers are required to be removed by November 1st. In cases of extreme weather, or on a case by case basis with the Notification of the Mallwood Board these dates may be extended.
c) Not allow any other structures or storage devices on common areas unless installed by the Association.
d) Place piers/lifts/structures stored on Common Areas on shore in such a manner as to provide a safe and neat appearance. All structural parts of pier/lift/structure shall be chained together to help minimize tampering, or the possibility of items floating away in the event of high water. No other accessories or loose components shall be stored on Common areas, i.e. loose boards, tires, posts, floats, etc. These items shall be stored at the pier owner’s residence while the pier/lift/structure is out of the water; and on the pier, itself once the pier is in the water. Any such items left on the shoreline or Mallwood common areas between June 15 and October 15 shall be considered as trash and disposed of without prior notice.
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e) Maintain piers/lifts/structures in a safe and usable condition and in full compliance with the Association By-laws. Any pier/lift/structure that is not so maintained shall be removed and disposed of at the owner’s expense. Such charges resulting shall be levied against the owner of the pier/lift/structure and payable within 30 days of written notification of said charges. Non-payment of said charges may result in additional costs, not limited to attorney’s fees, interest charges, and property liens.
f) Association member must be in good standing during the application process and at all times while pier is placed in the lake (paid in full all dues, fines, assessments, etc. to Mallwood). Use of the member’s pier by a member that is not in good standing would result in the member’s loss of pier privilege
g) Privilege to install a pier is for one season/year, but that privilege will be extended on an annual basis, as long as member pays all dues, fees and had followed all Bylaws.
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h) The end of pier may have an” L” shaped end and/or a shore station. This shall not restrict boat traffic to adjacent piers.
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i) Members may be held legally responsible and liable for their pier, and if desired, shall purchase liability insurance for their pier at their own expense
j) Member’s pier privilege is nontransferable from the member.
k) Piers must be identified by your assigned pier number granted from the Mallwood Association. Numbers must be displayed on the pier visible when looking at the pier from shore. Piers must be placed as close as possible inline with the number on shore. Piers cannot be placed offset of the sign as to not interfere with other piers.
l) Pier location cannot be changed without the Board approval. If you change your location without approval you may lose your pier privilege.
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m) Piers cannot be used to generate profits, financial or otherwise, by renting or trading for use of the pier. Piers are to be used by the Member and their guests only. This does not include homes in Mallwood that are rental units and have an associated pier used by the renter of the property.
n) The member must reimburse Mallwood for the cost to repair any damage done to Association Property by installing, using or removing pier, including if the Mallwood orders the removal. Member agrees that member is responsible for the cost of installing and / or removing pier.
o) Members agree to follow all rules and understood that violating any one of them will result in the termination of privilege to have a pier on Mallwood Property. Members understand and agree that the Mallwood Board will notify members via first class mail, postage paid to the address provided to the Association of any violations related to the pier. Said notification will also state a date and time at which the Mallwood Board shall hold a hearing as to any violation. Mallwood Board agrees to allow members to present any relevant evidence they might wish to have them hear at said hearing. Mallwood Board shall vote on whether a rule/regulation has been violated, and if pier privilege has ended. If member does not attend member will be notified by first class mail of the results of the hearing.
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p) Member agrees that within 10 days of that hearing, if the Mallwood has found that member violated a rule and indicates that the Board has found that member pier privilege has ended, member shall remove pier. member agrees that the Mallwood may have pier removed at member cost at any time after the 30-day period following the hearing described above. The cost of the pier removal, storage or associated cost may be added to members maintenance assessment and/or lien of member property if it goes unpaid.
q) Member who has violated pier rules may reapply the following year, to be placed on Pier Waiting List, provided all other conditions for a pier privilege have been met. The Pier Waiting List applicant will be placed at the end of the waiting list.
r) No piers shall be placed within the DNR limits of the swim area. The swim area will be posted at the North and South limits.
s) It is the sole responsibility of the pier owner to make sure the Association has all of your current contact information. Failure to do so may result in not meeting certain deadline dates and could result in the loss of your pier privilege.