Frequently Asked Questions
The purpose of this Frequently Asked Question forum is to keep all property owners better informed of issues that pertain to Clear Lake.
Question #1 What are the benefits of incorporation for the Clear Lake Property Owners Association?
Answer: Previously, the CLPOA was an organization of individuals with no legal standing. With incorporation, the Association gained the following advantages:
1. The Association may acquire property interests or leases.
2. The Association may apply for permits.
3. The Association may apply for special grants.
4. The Association will have the ability to initiate legal action for the protection of Clear Lake.
Also, as a non-profit corporation some additional protection is provided with respect to liability for board members while serving as a board member and potentially other Association members. Please go "Information" on our new web site for two legal opinions regarding this question and answer.
Question #2 Why wasn’t membership involved in the decision to incorporate or in the approval of the new By-laws?
Answer: The Board was acting in what they believed were the best interest of the Association membership and the advisement of legal counsel. Pursuing incorporation was done in order to deal with the lake level issue and deteriorating culvert in a timely fashion. In order to legally incorporate and to achieve the advantages stated above (see Question #1), the State of Michigan requires Articles of Incorporation to be accompanied by By-laws. Upon advice of our attorney, changes were made to update, modernize and more clearly outline the function of our Association. No other substantive changes were made to the by-laws. A special meeting could have been called during the offseason, but the logistics of coordinating such a meeting before the Annual Membership Meeting are challenging.
Questions #3 What is the current status of the deteriorating culvert?
Answer: At a CLPOA Special Membership Meeting on August 31, 2013, members were updated by the Lake Level Committee and a recommendation was made to set a future spillway elevation at 1252.98. The engineer established this height on August 13, 2013. That level would be near the middle of the existing culvert opening. The CLPOA Inc. Board of Directors continues working towards that recommendation. An attorney who specializes in lake level issues was retained by the Association. He recommended the CLPOA to become an incorporated legal entity. A certified federal surveyor was retained to provide us with spillway drawings and to work in unison with the attorney to secure and advise the Association on appropriate MDEQ (Michigan Department of Environmental Quality) permits.
Question #4 Why is the Association treating the Eurasian milfoil and why weren’t all areas treated last fall (2013) and this sprin (2014)?
Answer(s): Eurasian milfoil can multiply from one fragmented piece to 250 million new plants in one year, and if left untreated, it can take over a lake in two years. Eurasian milfoil can lead to flooding and interference with fishing, swimming and boating. These plants are of little value to wildlife or fisheries (source: lakerestoration.com). If the lake level is low these plants receive additional sunlight causing the plants to multiply much faster.
By the time the MDEQ provided the Association’s contractor with the required permits (fall of 2013), the effectiveness of the treatment was compromised and therefore was not applied. This spring (2014), two areas did not receive treatment. One area was very near the loon nesting site that required a delayed treatment date (Aug/Sept 2014). The second area not treated was due to an adjacent property owner’s objections to treatment.
Hopefully this information is helpful. Should you have a question for this forum please see the Board of Directors directory and submit it to a director of your choice? The Association strives to protect the interest and rights of property owners and protect the environment and quality of the lake water. Also, it is our objective to respect the needs and opinions of all of our neighbors on Clear Lake.