Frequently Asked Questions

The formal answer to this question is that The Port of St. James Association is a Michigan not-for-profit corporation that is tax exempt under section 501 (c) (4) of the Internal Revenue Code. As a tax-exempt organization, the Association is exempt from paying federal or state income tax. Under sub-section (c) (4) of section 501, the donations made to the Association are not tax deductible. Underlying this bare legal description of the Association is broader mandate. The Association maintains the property that comprises the parks and common areas of the Association. It is also charged with responsibility for future planning and enforcement of the Declaration of Restrictive Covenants that controls how members may use their property. These functions are fulfilled by a volunteer Board of Directors that is charged with the responsibility to manage the affairs of the Association in a manner that provides the most benefit for the members. The Board of Directors is a volunteer force, often aided by individual members, when working to achieve its goals. In short, then, the Association is really the sum of its members working together to provide the most benefit possible for the most members - sometimes not an easy task given the diversity of opinions inevitable when over nine hundred separate parcels of land are involved in any decision.

The purpose of the Association is embodied in the mission statement adopted by the Board. That mission statement says: It is the mission of the PSJA Board of Directors- to conduct and administer the business and oversight of PSJA in the best interest of its members; to maintain the integrity of the association through the consistent application and enforcement of the Protective Covenant; and to protect and safeguard the tranquil beauty of the environment, natural resources and real property value to the long term benefit of the association. All actions initiated by the Board should be governed by this mission statement.

The Association just as with any corporation conducts it business in accordance with its articles of incorporation, its by-laws, applicable Federal statutes, and the Not-for-Profit Corporation Act of the State of Michigan. Additionally the Association exercises the power to make rules for to implement the requirements of the Covenant attached to all property in the Association and to otherwise enforce the strictures and the spirit of the Covenant.

Strictly speaking, no persons run the Association. The authority to conduct the required business of the Association rests with the Board of Directors, a volunteer organization of nine members elected for a term of three years at the membership annual meeting in September of each year. Thus, generally three director positions are up for election each year. The Board works together to solve problems and to manage the business of the Association. In the past, it has been usual that the Board discusses a matter until it reaches a consensus as to the proper course of action. The Board is proud of the fact that most decisions are the result of a unanimous vote.

No. The restrictions placed upon members’ use of property in the Association arise from a declaration of restrictions, generally referred to in the Association as the Covenant. The covenant was recorded against nearly every parcel of land in what would become the Association by the original developers of the property and attaches to the parcels it is recorded against. At the beginning of the development of The Port of St. James, some individuals owned property in what would become the Association. These individuals were given the right to opt out of the planned development and some did. The Covenant is not in force as to those parcels of land. Under the Covenant, an individual member cannot simply opt out of the Association.

The Association provides the Association beach for members' use, gives members without a finished home, or guests of members, a place to camp and enjoy the recreational benefits of membership, maintains a large area of common property and a number of private parks dedicated to member use, and maintains and makes available the beach pavilion. The Association also oversees Covenant enforcement, when necessary, so that the value of each member’s property remains as high as possible and each member has the quiet enjoyment of his or her property, envisioned by the original developers of the Association.

Ideally, you received a copy of the Covenant when you purchased your property. Unfortunately, some realtors and quite a few members, in the case of direct sales, do not provide a copy of the Covenant to new members. The Board keeps a copy of the Covenant available for download.

Yes. Because the Covenant is recorded as to all property actually in the Association, it is a matter of public record. The recording of the Covenant gives constructive notice to all persons that there are restrictions of record as to the parcel. This means that the restrictions are binding on all purchasers. In fact, if your property is foreclosed by the state for failure to pay property taxes, the state cannot do anything with the land not allowed by the Covenant. Additionally, the existence of these restrictions is an exception noted in the policy of title insurance that you obtained when you purchased your property.

Each year at the annual meeting of members, the terms of three directors are up for election. The membership votes on those persons nominated for election. In the event that there are more than three nominations, the three persons with the largest vote totals are elected. Votes attach to each lot owned by a member. Thus, if one person owns two lots, that person has two votes. In the case of multiple owners, there is still only one vote per lot. The owners must agree between or among themselves how that one vote per lot is cast. Under its Articles of Incorporation and By-Laws, the Association does not have cumulative voting for directors. However, each member in good standing has as many votes as he or she has lots. These votes can be cast for each of three candidates. However, the votes cannot be combined and cast for only one or two candidates.

No, you cannot. The Covenant specifically states: “…and no business, commercial, or manufacturing enterprise shall be conducted on [a members property]” Article VII, Section 1. This is another example of conflict between the Township Zoning Ordinance and the Covenant. Under the Zoning Ordinance, certain types of home-based businesses can be carried out in R-2 areas. In this case, however, the Covenant is the more restrictive document in that it disallows business and places the highest burden of compliance on the member.

Yes. The beach at Donegal Bay is owned by the Association and is available for member’s use. Please remove all trash before you leave. We have a large number of people who use the beach. Courtesy dictates that you leave it as you found it, or better yet, better than you found it. So, pick up your litter and any that others may have left and enjoy the beach. It is one of the glories of the island.

Please note that vehicles, either four or two wheeled, are not allowed on the beach

Yes. The trail system is one of the lesser-known benefits of the Association. They are very good for cutting walking distances between portions of the Association and they offer a wonderful opportunity to observe native animals and plants. You can download a map here. Do remember portions of the trails run along the property lines of neighbors whose property abuts the Association, for their sake and for the sake of other members who want to use the trails, treat the trails with respect. Try always to leave nothing but footprints.

Also, if you see anything in the way of an obstruction on any trail, notify the chair of the Board's Trails Committee: Dave DeRosia 231.360.0189. While we try to walk the trails regularly to find windfalls and other problems, sometimes things get ahead of us. If you tell us of a problem with any park, trail or common area we will get it repaired as quickly as possible.

No. The Association trails are exclusively for walking. Many of them are in critical dune areas that are especially subject to damage from anything other than careful foot traffic. Please enjoy the trails, but use them for foot travel only.

The Pavilion is in fact an old pool house from the early days when the Association kept a swimming pool. Today the Pavilion used by members for meetings, barbeques, and parties. Members can bring their own grills to the Pavilion or they may use the permanent grill at the Pavilion. In addition, a fire circle there can be used during a gathering unless there is a township burn ban in effect due to dry conditions. The Pavilion is now equipped with modern bathrooms, as well as running water.

Yes. The Pavilion is available for members use on a first come first served basis. Reservations should be made by contacting Beth Crosswhite. There is a nominal fee for use of the Pavilion. That fee goes to cover the costs of clean up and to help maintain the Pavilion structure.

Mt. Pisgah is the highest point on Beaver Island, and you can climb it on foot. It is also a sand dune in a critical dune area. So please enjoy the climb to the top but be careful that you do not disturb the plants and trees on the dune. They are the only thing that holds it in place. As with all common areas in the Association, use of any vehicles two or four wheeled on Mt. Pisgah is prohibited.

Yes. A number of years ago the people at the CMU Biological station prepared a map of all the trails in the Association. If you would like a copy of that map you may download it here.

Members can use the public launching site at Font Lake to launch small fishing boats. The beach at Donegal Bay is not available for launching any boats. However, if you have a small kayak or a canoe that can be hand carried to the water, you can launch it at the North Park. Please note that any craft launched from there must be hand carried. There is not provision for use of a trailer or for parking a trailer after use at the park.

No. Both these locations are, in fact, property owned by the Association. The McCauley’s Point Access Trail is located on a lot owned by the Association. The Association also owns the beach at Donegal Bay. Technically, these properties are for the use of members of the Association only.

That, however, is not the complete answer. While the Association owns these properties, there has been a long standing policy of the Board to permit use of the Donegal Bay beach by island residents. It is a beautiful spot and has been used for years by all island residents as a place to watch a glorious sunset and even to swim. Similarly, the McCauley’s Point Access Trail is the shortest, but not only, way for people to get to McCauley’s Point and the Association has permitted island residents to use the trail. However, it is incorrect to say that these locations are public property or constitute public access points.

It is also incorrect and inappropriate to advertise the locations as areas open to the general public. The Association has no plans to change its long-standing policy on use of these areas by island residents. It does reserve the right to deny access to any one who uses these locations in any manner that violates Association’s rules or policies, whether they be members, island resident or the general public. The final answer is that these locations are private not public property and use by anyone other than Association members is by permission only.

Yes. As a member of the Association, you and your guests can use the Stable Campground. See the Section on the Stable Campground for full information about the facilities and use of it.

You should apply for a building permit as soon as you have received a township Zoning Permit. The Association works closely with the township Zoning Administrator. It will act on your application quickly. You should not apply for an Association permit before submitting your plans to the township. Issues such as setbacks, size of the building, and placement of sanitary and well facilities are controlled by the township Zoning Code. Members should be certain that their plans are acceptable to the township before seeking Association approval.

You should deliver applications for an Association building permit to the co-chairs of the Architectural Committee, Bob Smith or Beth Croswhite at the PSJA P.O. Box #298. Or email a PDF copy of all documents to: psja.clerk@gmail.com. Submissions are effective when received for purposes of calculating time limits.

Permit applications can be picked up from any member of the Architectural Committee, currently Beth Croswhite or Bob Smith. The application is also available for download from the Association’s website or can be requested from psja.clerk@gmail.com.

The approval process is usually rapid as long as the application submission is complete. Members will have to submit a copy of the plans for the project and information about exterior finishes. The location of all structures and/or fences must be marked clearly so that the Architectural Committee can determine whether the proposed project will negatively affect neighboring members. According to the Covenant, The Architectural Committee is required to review submitted plans within thirty days of submission. If the plans raise questions or the submission is incomplete, the approval process may take more than thirty days, but such situations are unusual.

Please note the following answer is from the Association’s viewpoint. The Township Zoning Director may not permit land clearing before issuance of a Zoning Permit as it violates the technical provisions of the township zoning ordinance.

Technically, a permit should be obtained before any work starts. However, over the years the practice has developed by owners of clearing a lot and putting in an access so that potential buyers can see how the lot will look when a cottage is built. The Association generally does not object to this practice with the following conditions. When cleared, the lot must not be left in a condition that would pose a threat to any contiguous owner’s property. In addition, all trees, brush, etc. must be removed from the lot at the time of clearing. Further, note that the lot must be graded smooth and if needed for stability, planted in ground cover.

Any work beyond simply clearing the lot requires a permit from the Association. Currently, this policy is under review, and it is possible that the Association will require, in the future, a permit before a lot can be cleared.