An Act respecting Red Leaves Resort Association — Private Bill PR30 (38th Parliament, 2nd Session)

Bill PR30, 38-2

Ontario — Bills

2ND SESSION, 38TH LEGISLATURE, ONTARIO 55 ELIZABETH II, 2006 Bill Pr30

An Act respecting Red Leaves Resort Association Mr. Miller Private Bill 1st Reading October 24, 2006 2n d Reading 3r d Reading Royal Assent Printed by the Legislative Assembly of Ontario

EXPLANATORY NOTE The purpose of the Bill is set out in the

Preamble.

Bill Pr30 2006

An Act respecting Red Leaves Resort Association

Preamble Red Leaves Resort Association has applied for special legislation to require all persons having a real property interest in the area to be developed as the Red Leaves resort to be members of the Association and to be bound by its by-laws and to give th e Association a right to en- force members’ financial obligations to the Association by registering a lien against their real property that is lo- cated in the area to be developed as the Red Leaves resort. The applicant represents that the Red Leaves resort is to be a resort in the Township of Muskoka Lakes.

The ap- plicant further represents that it is a corporation. It is appropriate to grant the application. Therefore, Her Majesty, by and with the advice and con- sent of the Legislative Assembly of the Province of On- tario, enacts as follows:

Definitions 1. In this Act, “Association” means Red Leaves Resort Association; “lot” means a parcel of land, (

a) described in a deed or other document legally ca- pable of conveying land, or (

b) shown as a lot or block on a registered plan of sub- division, and includes a condominium unit under the Condomin- ium Act, 1998; “owner” means the owner of an estate in fee simple regis- tered under the Land Titles Act or the Registry Act; “Red Leaves” means the Red Leaves resort located on the resort land; “resort land” means, (

a) the land described in

Schedule 1, and (

b) land not described in

Schedule 1 that is deemed to be resort land under subsection 7 (3), and includes each lot into which land described in clause (

a) or (

b) is subdivided, but does not include land that is deemed not to be resort land under subsec- tion 8 (3). Association continued 2.

(1) The Association is continued as a corporation without share capital under the name Red Leaves Resort Association. Members continued

(2) The persons registered as members of the Associa- tion immediately before this Act comes into force are continued as members of the Association. Board of directors, officers continued

(3) The members of the board of directors and officers of the Association in office immediately before this Act comes into force are continued in office until their succes- sors are elected or appointed under this Act. Letters patent revoked

(4) The letters patent of the Association are revoked, but their revocation does not affect the rights or obliga- tions of the Association or any by-law or resolution of the Association except to the extent that it is inconsistent with this Act. Special Act corporation

(5) The Association is deemed to be a corporation in- corporated by a special Act. Objects 3.

(1) The objects of the Association are, (

a) to acquire and own or maintain and manage the resort land for which it has responsibility pursuant to the by-laws of the Association; (

b) to facilitate the development of and promote Red Leaves; (

c) to provide its members with services related to the operation of Red Leaves, including an integrated program of resort activities, attractions and events, marketing services, maintenance services, security services and information services; and (

d) to participate in financial arrangements that fund infrastructure that relates to and enhances Red Leaves. Not to be carried on for gain

(2) The Association shall be carried on without the purpose of gain for its members and any profits or other accretions to the Association shall be used in promoting its objects. Membership 4.

(1) Every owner of resort land is a member of the Association.

RED LEAVES RESORT ASSOCIATION ACT, 2006 2 Same

(2) The Association may also grant membership, in accordance with the by-laws of the Association, to a per- son who applies for it if the person, (

a) owns or carries on a business on resort land; (

b) leases resort land; (

c) is an agent of an owner of resort land; or (

d) belongs to a class of persons identified in the by- laws of the Association as being entitled to be granted membership in the Association. Resort land subject to Act, by-laws 5. Resort land is subject to this Act and to the by-laws of the Association without special endorsement of the title, except as required by

section 6. Notices registered on title Notice of designation 6.

(1) The Association shall register on every title of resort land in the proper land registry office a notice that such land is designated as resort land. Notice of termination of designation

(2) Where the designation as resort land has been ter- minated in accordance with subsection 8 (2), the Associa- tion shall register a notice of termination of designation on title to that land in the proper land registry office. Forms

(3) A notice of designation of resort land and a notice of termination of designation of resort land shall be in Form 1 and Form 2, respectively, or in such other form as may be required by the Director of Titles appointed under the Land Titles Act. Application to include non-scheduled land as resort land 7.

(1) An owner of a lot in the Township of Muskoka Lakes that is not included in the land described in Sched- ule 1 may apply to the Association to designate the lot as resort land. Approval

(2) The Association may approve an application under subsection (1), subject to any terms or conditions it con- siders appropriate and, upon approving an application, shall register the notice described in subsection 6 (1) des- ignating the lot to be resort land. Lot deemed to be resort land

(3) Upon registering the notice under subsection (2), the lot is deemed to be resort land for the purposes of this Act and the requirement that the Association register a notice under subsection 6 (1) designating the land as re- sort land is satisfied. Application to terminate designation 8.

(1) An owner of a lot that is included in the land described in

Schedule 1 or that is designated as resort land pursuant to

section 7 may apply to the Association to ter- minate the designation of the lot as resort land. Approval

(2) The Association may approve an application under subsection (1), subject to any terms or conditions it con- siders appropriate and, upon approving the application, shall register the notice described in subsection 6 (2) ter- minating the designation of the lot as resort land. Lot deemed not to be resort land

(3) Upon registering the notice under subsection (2), the lot is deemed not to be resort land for the purposes of this Act. Board of directors 9.

(1) The composition and election or appointment of the Association’s board of directors shall be as set out in the by-laws of the Association. Director need not be a member

(2) Despite subsection 286 (1) of the Corporations Act, a director of the Association is not required to be a mem- ber of the Association. By-laws 10.

(1) The board of directors of the Association may pass by-laws necessary to manage the Association’s busi- ness and affairs and to carry out its objects. Same

(2) Without limiting the generality of subsection (1), the board of directors of the Association may pass by- laws, (

a) establishing classes of membership in the Associa- tion and governing the interests, rights and obliga- tions of the members and of each class of mem- bers; (

b) governing the admission of persons to membership in the Association and the termination of such membership; (

c) governing the composition and election or ap- pointment of the board of directors, including the election of directors by classes of members; (

d) controlling the use of resort land; (

e) prescribing fees payable by the members and, in doing so, may differentiate between different classes of members and members within a class; (

f) requiring that interest and related costs be paid on any late fees, and prescribing the rate of interest and related costs; (

g) governing applications under sections 7 and 8, in- cluding prescribing criteria for approving or refus- ing an application. Classes affected by by-laws, special resolutions

(3) If a class of members is affected differently than any other class of members by a by-law or special resolu- tion of the Association, the by-law or special resolution may only be passed, amended or revoked with the ap- proval of that class of members voting separately as a class.

RED LEAVES RESORT ASSOCIATION ACT, 2006 3 By-laws binding on Association and members

(4) The by-laws of the Association bind the Associa- tion and its members to the same extent as if the by-laws had been signed and sealed by the Association and each member and contained covenants on the part of the Asso- ciation with each member and on the part of each member with every other member and with the Association to comply with all the by-laws. Municipal by-laws prevail

(5) In the event of a conflict between a municipal by- law that is applicable to the resort land and a by-law of the Association, the municipal by-law prevails. Application for relief from oppression 11.

(1) A member, director or officer of the Associa- tion or any other person who, in the discretion of the court, is a proper person to make an application, may ap- ply to the Superior Court of Justice for an order under this section. Same

(2) Upon an application under subsection (1), the court may make any order it considers appropriate to rectify the matter complained of if the court is satisfied that, (

a) an act or omission of the Association effects, or threatens to effect, a result that is oppressive or un- fairly prejudicial to, or unfairly disregards the in- terests of, any person referred to in subsection (1); (

b) the business or affairs of the Association are, have been or are threatened to be carried on or con- ducted in a manner that is oppressive or unfairly prejudicial to, or unfairly disregards the interests of, any person referred to in subsection (1); or (

c) the powers of the dir ectors or members of the As- sociation are, have been or are threatened to be ex- ercised in a manner that is oppressive or unfairly prejudicial to, or unfairly disregards the interests of, any person referred to in subsection (1). Debt to Association 12.

(1) A fee levied under the by-laws of the Associa- tion, together with any related interest and costs, consti- tutes a debt to the Association. Lien for unpaid fee

(2) If a member of the Association who is an owner of resort land defaults in the payment of any fee owed by the member to the Association, the Association has a lien against the member’s resort land for the unpaid amount, the interest on the unpaid amou nt and all reasonable costs incurred by the Association in connection with the collec- tion or attempted collection of the fee. Registration of lien

(3) The Association may register a notice of lien in the proper land registry office showing the amount of money owed under the lien as described in subsection (2) at the time of registration of the notice. Enforcement of lien

(4) A notice of lien registered under subsection (3) is a charge for the amount owing in favour of the Association on the resort land against which it is registered and may be enforced in the same manner as a mortgage and, for such purposes,

Part III of the Mortgages Act applies with necessary modifications. Subsequent debts

(5) If a notice of lien is registered under subsection (3), no further registration is required in respect of a default in the payment of a fee occurring or continuing after the lien is registered. Discharge of lien

(6) Upon the payment of the debt and other amounts secured by the lien, the Association shall give the member a discharge of the lien. Application to court for removal of lien

(7) A member of the Association or other person claiming an estate or in

Document details

Collection	Ontario — Bills
Citation	Bill PR30, 38-2
Type	bill
Volume / chapter	p38 s2 bill pr30 bill text 38 2 en pr030.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	94dbb287e52ca683fc5097e5ac35491248dbe2c8

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