Moyie Shores Estates Rules and Regulations1

Moyie Shores Estates Rules and Regulations1

MOYIE SHORES ESTATES STRATA

Rules & Regulations

INTRODUCTION

Although all lot owners should have received a copy of the Prospectus and Building Scheme, as well as the Rules and Regulations of Moyie Shores Estates Strata Corporation, it is possible that not everyone – particularly new lot owners – are necessarily aware of the various items that have been discussed and set out as further Rules and Regulations over the years.

The following is a compilation of items discussed and motions made from AGM’s since our first AGM in 1984. These points have been raised and approved by fellow lot owners and are intended to promote and ensure the good of all in terms of both safety as well as enjoyment.

Theses Rules & Regulations are in addition to the Building Scheme and the Bylaws – not instead of them; and in fact, if a rule conflicts with a bylaw, the bylaw prevails.

Under the updated BC Strata Property Act circa July 2000, a rule must be ratified at the Annual General Meeting (majority vote) and once ratified, remains effective until it is repealed, replaced or altered [Reference: Part 7 Bylaws & Rules – Division 1 General (125)]

A point to remember is a little common sense and a neighbourly spirit go further to foster and maintain good relations between friends and neighbours.

HISTORY

A number of years ago, a group of Cranbrook businessmen laid the groundwork for what has become Moyie Shores Estates. The initial concept was for 62 residential lots with dwellings being constructed, as per the Building Scheme, which would, after three years from purchase, all be completed. Due to economic constraints, however, the original developers had to amend the Building Scheme and delete Section 9 (a), which meant that people were not tied to the three-year building envelope. Lots were then sold to people on the understanding that they could place a vacation trailer on their lot until such time as they could build. At the present time, and for the foreseeable future, we see that many people are in this “in between” stage – although most years do witness the construction of a few more permanent residences.

In 1998, after many years of problems resulting in a lengthy legal action, Lot 62 (The Point) was subdivided into residential lots. Bylaws specific to these lots were registered at Land Titles pursuant to the Agreement between the Strata Corporation and the owner of Lot 62; which resolved the legal action and allowed the subdivision of Lot 62.

PRIVATE ROAD (The Point)

Under the terms of the above arrangement, the road adjacent to the south beach and leading to lots on “The Point” is private andnot common property. The Bylaws affecting The Point caution the owners of Lots #1 to #61 to respect this privacy, however, the current owners of properties on The Point have advised other lot owners are welcome to walk on their private road - this assists with safety and security issues.

MEETINGS & ADMINISTRATION

There will be at least one General Meeting of all lot owners per year.

As per past and current practice, the Annual General Meeting (AGM) is held on the Saturday of the long weekend in August at the Moyie Community Hall.

Advance notice will be given for the AGM, with a Proxy Form being provided in addition to the agenda and any proposed motions.

IF a lot owner is not able to attend the AGM, please complete your proxy form to ensure your interests are represented and that “your voice” (and vote) is heard.

NOTE: A maximum of one (1) proxy may be held by any one lot owner. (c. 1988)

Strata Council:It is recommended that five (5) sit on this Council. The Bylaws in the Act say it can be from three to seven persons. For a quorum, 3 of the 5 votes are needed. The Bylaws state that at each AGM, the Strata Council must resign and a new Strata Council be elected. A representative of the owners of Lots 64 through 74 sits on Strata Council bringing the number of members of the Executive to six (6).

Minutes:Minutes will be kept of all meetings. AGM Minutes will be distributed to all lot owners as soon as possible after the meeting via conventional post or electronically (for those with email).

Newsletters:Newsletters will be provided to lot owners from time to time.

Website:Spring 2003 saw the launch of the Moyie Shores Estates website ( This complements the newsletters and provides a good reference source for local happenings, past AGM minutes as well as a link to other websites you may find of interest.

Notice Board:A Notice Board for our community is located near the entrance to the public boat launch. Important notices are placed on this board (such as advice of Fire Bans and Water Restriction Stages) and you are asked to check it regularly; particularly when arriving for the weekend.

COMPLAINTS

The Strata Council Executive will not act on verbal complaints. Complaints must be in writing and be signed by at least one other lot owner. A copy of the written complaint will be reviewed and, should action be deemed necessary, will be provided along with any correspondence to individual lot owners stating concerns and requesting compliance with Bylaws, the Building Scheme, Rules & Regulations, etc.

FINANCES

The Treasurer will give a report on finances at the AGM. Fiscal year-end is June 30th.

The budget is presented at the AGM and voting can take place at that time regarding any needed expenses.

• Strata Fees are to be set each year according to financial standing.
• The Act states, based on the approved budget, Strata Fees are to cover the same for the year.
• Please note, it has been the practice for a number of years to establish and collect a fixed strata fee (including a Contingency Reserve Fund levy of $400 per Strata Lot) rather than calculate same based on each approved annual budget; thus making it easier for lot owners to plan and budget their portion of the allotment. Strata Fees are currently set at $765.00/lot and are approved at each Annual General Meeting.

• Levy fees can be paid to the Treasurer bi-annually (Strata Fees / 2 are payable September 1& December 31; or annually. Strata Council has the ability, under the Bylaws, to collect arrears on unpaid taxes.

• At the 2008 Annual General Meeting a motion was passed giving Strata Council the right to refuse a boat slip to any lot owner whose taxes remain unpaid.

BEACHES & ACCESS to MOYIE SHORES ESTATES

It is necessary for lot owners to assist in the control of our beaches so that unauthorized persons do not use our facilities. Don’t be afraid to ask if they are guests (and of whom) and if they are not, they must leave.

Our right of occupancy on these beaches (based on our foreshore lease with the Government of British Columbia covering both the south swimming beach and the north bay marina) gives us the privilege and we pay for it.

Also, any unauthorized automobile has used private property to reach our beach area and is parked on private property.

This does not apply to the Boat Launch which is a public facility and available to anyone who wishes to launch their boat onto Moyie Lake.

GUESTS

How do we handle guests and what are their privileges?

Lot owners have an obligation to monitor the subdivision and should use discretion and restraint in inviting guests. Lot owners are ultimately responsible for the actions of their guests, whether the lot owners are present or not, including campfires during a campfire ban (fines could/will result). Also, in picking up garbage in the common areas.

Lot owners have priority over guests if facilities become crowded.

All visitors must abide by the Bylaws, Rules and Regulations of the subdivision – please ensure your guests are aware of same.

CONSTRUCTION

Our bylaws stipulate that construction activity is restricted to the hours from 8:00 am to 9:00 pm including weekends and holidays.

Lot owners should be considerate of their neighbours during the construction period of the building(s) and the owner should first speak to his neighbours should it be necessary to have sub-trades come outside of the above hours. As this should happen very irregularly, adjoining lot owners will hopefully be understanding.

During the construction period, large construction vehicles should not be parked on our subdivision roads as it creates a hazard and is hard on our roads.

NOISE

Common courtesy is appreciated; particularly after 11:00 pmFIRES

If a fire hazard should occur in the B.C. Forest – all lot owners and their guests must comply with a complete ban on open fires. This regulation applies to our subdivision as well as the forests in general.

A violation can bring and have very severe consequences; risking not only your own property but also that of the entire community.

Individual lot owners can further help to reduce accidental fire risk by constructing approved fire pits; guidelines for which are available from Strata Council and BC Forestry.

NOTE: Even approved fire pits (built to Forest Ministry specification and inspected by Forestry personnel prior to their use) are not to be used during a fire ban (c. 2000)

During a fire ban, barbecues using charcoal or propane are permissible.

There are two fire stations in our subdivision – one near Etna Creek and the other near the south bathroom. Fire sirens (hand operated) are at these locations as well as at Lot 51. Fire hydrants are located throughout the subdivision. Our equipment consists of cart type hose reels.

The owners of Lots 64 – 74 are responsible for their own fire suppression equipment pursuant to the legal agreement allowing subdivision.

We have occasional fire drills and a Fire and Safety Committee was formed to draft some guidelines and training for us in the event of an emergency. Each lot owner should have a copy of the red reference manual which was distributed to lot owners in 2002.

IF a fire were to get away in Moyie Shores, we have neither the array and extent of neither fire-fighting equipment nor manpower to fight a large, full-scale fire and the results would be disastrous.

FIREWORKS

Fireworks do not require a permit and are allowed as long as there is no fire ban. Fireworks are not permitted during a fire ban – heavy fines would be levied (by B.C. Forestry).

WATER

Our water supply comes from a communal well and should be used wisely.

Our well system is not designed to handle watering of lawns for the entire subdivision.

Lot owners are alerted to the limitations of watering lawns and the specific Water Restriction Stages detailed in the Strata Bylaws.

Our well system is equipped with a “time-run” meter and a low water alarm system to avoid the well being pumped dry and an additional preventative maintenance program has been implemented.

Remember: During an emergency (fire), an adequate water supply and pressure is our first and likely only hope.

The last time we replaced a well it cost the Strata Corporation (that’s all of us) approximately $41,500.00. Please be reasonable and responsible!

DOGS/CATS

It is preferred that there be a maximum of one dog per lot.

Although specifically referenced in the Strata Bylaws, owners are reminded that dogs (and to the degree possible – cats) should be kept on their own family lot. Dogs should not be allowed to roam free without being with their owner and on a leash.

Dogs are not allowed on the swimming beach (South) as the beach is used by small children who play in the sand – as well, dogs can be a nuisance on the swimming beach.

Owners must keep their dogs under control and clean up any mess they leave on common property or on other lots with particular emphasis on the beaches / north bay marina.

Owners who have dogs that bark a lot should be considerate of their neighbours and take their animals inside when other lot owners are sleeping or obtain devices to curb their dog from barking if they are not house pets.

Pet owners are responsible for their animals at all times and any damage they may do to another lot owners’ property must be paid for by the offending animal’s owner or the lot owner in the event the offending animal is owned by a guest.

Although cats roam more than dogs, cat owners should also be in control of their pets.

Remember: As much as you love your dog or cat, other people may not - and lot owners may register complaints regarding nuisance animals / inconsiderate pet owners in writing to the Strata Council.

BATHROOMS (Public Toilets)

Permanent bathrooms at both the North and South beach areas are open and maintained during the peak summer season (e.g. early May to late September).

As these facilities are on septic fields, Do NOT flush sanitary napkins, pads, etc. down the toilet and refrain from flushing anything that will not totally dissolve, including coloured toilet paper, Kleenex, etc.

Bathrooms are not to be used as a sani dump station for trailers, etc. – go to Green Bay.

There has been a fair amount of vandalism over the past number of years at both bathrooms. This costs ALL OF US money and our caretaker time and may result in requiring a key to access the bathrooms.

GARBAGE

All lot owners are responsible for their garbage disposal.

There is a public dumpster facility approximately 5 km away on Sunrise Road (first right just past Eagles Nest Resort) on the way to the Moyie townsite. It is located about 3 or 4 minutes up the road on the left.

There are small litter barrels at both beaches that will be emptied by the caretaker, but these are intended for litter from the beach only.

Bears are a constant threat in our area, along with other creatures, such as skunks, rodents, etc. Please keep garbage tightly covered at all times and dispose of it regularly. Don’t let it build up. Once attracted, these animals are hard to get rid of.

MOTORIZED VEHICLES

This means snowmobiles, motorcycles, dune buggies or any other unlicensed motorized vehicle. They are not allowed in the subdivision or on the walking trails on our common property. The trails are being ruined by them. Please keep this in mind.

SPEED

Please observe and comply with the stop sign at the entrance to the subdivision

The speed limit in the subdivision is 30 km/hour. Some feel this is still too fast and at times it is as there are a great many people playing on the roads, riding bikes, etc.

please be cautious at all times!

Caution / Children Playing signs are also posted and all owners and their visitors must drive slowly in the subdivision.

Vehicle operators must be especially careful at night as we do not have streetlights in our subdivision and residents may be walking on our internal subdivision roads at that time.

VEHICLES

Vehicles should not be parked on the subdivision road. Each lot owner should provide parking for their own, plus visitor, parking.

As specified in the Bylaws, the use of common property other than the internal common subdivision road owned by the Strata Corporation for vehicle access is prohibited unless prior written authorization of Strata Council is obtained for temporary use. Any one using common property as either an authorized or unauthorized roadway shall indemnify and save harmless the Strata Corporation with respect to any liability arising from any injury occurring thereon (c. 2001)

BOATS

Boaters and water skiers should exit the North Bay using the east (Island) side of the channel and return to the dock via the west (Mainland) side of the channel (i.e. exiting and entering in a counter clockwise rotation.

All powerboats should maintain a minimum safe distance of 250 feet from fishing boats.

All powerboats should observe the 10km wake zone speed limit and posted signage when in proximity to shore. (c. 2001) as well as the NO WAKE zone within the Moyie Shores Marina area.

MOYIE SHORES ESTATES MARINA

The Moyie Shores Estates Marina is an asset of the Strata Corporation and as such is the responsibility of Moyie Shores Estates to maintain. Lots are entitled to the use of a boat slip (assuming there are sufficient slips) and must submit, on a yearly basis, an application form to Strata Council (posted on the Moyie Shores Estates website). Further information on the Marina/Boot Moorage is outlined in the Bylaws of the Strata (Section 36).

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If any lot owner has a concern with any of the Rules & Regulations contained herein, they would be within their rights to raise it the Annual General Meeting of all lot owners for discussion as to repeal, replace or alter same.