An Act respecting Blue Mountain Village Association — Private Bill PR14 (37th Parliament, 1st Session)

Bill PR14, 37-1

Ontario — Bills

1ST SESSION, 37TH LEGISLA TURE, ONTARIO 48 ELIZABETH II, 1999 Bill Pr14

An Act respecting Blue Mountain Village Association Mr. Murdoch Private Bill 1st Reading November 23, 1999 2nd Reading 3rd Reading Royal Assent Printed by the Legislative Assembly of Ontario

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

Preamble.

Bill Pr14 1999

An Act respecting Blue Mountain Village Association

Preamble

Definitions Association continued Members continued Board of directors, officers continued Blue Mountain Village Association has applied for special legislation to require all persons having a real property interest in the Blue Mountain Village to be members of the Association and to be bound by its by-laws and to give the Association a right to enforce members’ financial obligations to the Associ- ation by registering a lien against their real property located in the Blue Mountain Village. The applicant represents that the Blue Moun- tain Village is to be a resort in the Town of the Blue Mountains.

The applicant further repre- sents that it is a corporation. It is appropriate to grant the application. Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, “Association” means Blue Mountain Village Association; “Blue Mountain Village” means the Blue Mountain Village resort located on resort land; “owner” means the owner of an estate in fee simple registered under the Land Titles Act or the Registry Act; “resort land” means the land described in the

Schedule and land not described in the

Schedule that is deemed to be resort land under subsection 5 (3), and includes each lot, condominium unit or other parcel into which such land is subdivided, but does not include land that is deemed not to be resort land under subsection 5 (4). 2.

(1) The Association is continued as a corporation without share capital under the name Blue Mountain Village Association.

(2) The persons registered as members of the Association immediately before this Act comes into force are continued as members of the Association.

(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 successors are elected or appointed under this Act.

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

(5) The Association shall be deemed to be a corporation incorporated by a special Act. 3.

(1) The objects of the Association are, (

a) to maintain and manage the resort land for which, pursuant to the by-laws of the Association, the Association has respon- sibility; (

b) to promote and facilitate the develop- ment of the Blue Mountain Village; (

c) to provide its members with services related to the operation of the Blue Mountain Village, including an inte- grated program of resort activities and promotional events, maintenance ser- vices, security services, reservation and information services and marketing ser- vices.

(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. 4.

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

(2) The Association may also grant mem- bership, in accordance with the by-laws of the Association, to a person 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. 5.

(1) An owner of land in the Town of the Blue Mountains that is not described in the

Schedule may apply to the Association to agree that a specified lot, condominium unit or other parcel of land owned by the person in the Letters patent revoked Special Act corporation Objects Not to be carried on for gain Membership Same Application to include non-sched- uled land as resort land

BLUE MOUNTAIN VILLAGE ASSOCIATION 19992 Bill Pr14 Application to exclude resort land Land deemed to be resort land Land deemed not to be resort land Board of directors Director need not be a member By-laws Same Town of the Blue Mountains will be treated as resort land.

(2) A member of the Association may apply to the Association to agree that a specified lot, condominium unit or other parcel that is resort land owned by the member will not be treated by the Association as resort land.

(3) The Association may approve an application under subsection (1), subject to any terms or conditions it considers appropriate and, upon approving an application, the speci- fied lot, condominium unit or other parcel shall be deemed, for the purposes of this Act, to be resort land.

(4) The Association may approve an application under subsection (2), subject to any terms or conditions it considers appropriate and, upon approving an application, the speci- fied lot, condominium unit or other parcel shall be deemed, for the purposes of this Act, not to be resort land. 6.

(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.

(2) Despite subsection 286 (1) of the Cor- porations Act , a director of the Association is not required to be a member of the Associ- ation. 7.

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

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

a) establishing classes of membership in the Association and governing the interests, rights and obligations of the members and of each class of members; (

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

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

d) controlling the use of resort land; (

e) governing applications under subsec- tions 5 (1) and (2), including prescribing criteria for approving or refusing an application; (

f) prescribing fees payable by the mem- bers, and in doing so, may differentiate between different classes of members; (

g) requiring that interest be paid on any late fees, and prescribing the rate of interest.

(3) If a class of members is affected differ- ently than any other class of members by a by-law or resolution of the Association, the by-law or resolution may only be passed, amended or revoked with the approval of that class of members voting separately as a class.

(4) The by-laws of the Association bind the Association 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 Association 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.

(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. 8.

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

(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 unfairly prejudicial to, or unfairly disregards the interests 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 conducted 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 directors or members of the Association are, have been or are threatened to be exercised in a manner that is oppressive or unfairly prejudicial to, or unfairly disregards the interests of, any person referred to in subsection (1). 9.

(1) The 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 subsection (2). Classes affected by by-laws, resolutions By-laws binding on Association and members Municipal by-laws prevail Application for relief from oppression Same Resort land subject to Act, by-laws

BLUE MOUNTAIN VILLAGE ASSOCIATION 3Bill Pr141999 By-laws registered on title Debt to Association Lien for unpaid fee Registration of lien Enforcement of lien Subsequent debts Discharge of lien Application to court for removal of lien Forms Owner and occupier jointly and severally liable for fees

(2) The Association shall register its by- laws on every title of resort land in the proper land registry office. 10.

(1) A fee levied under the by-laws of the Association, together with any related interest and costs, constitutes a debt to the Association.

(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 Associ- ation, the Association has a lien against the member’s resort land for the unpaid amount, the interest on the unpaid amount and all rea- sonable costs incurred by the Association in connection with the collection or attempted collection of the fee.

(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 regis- tration of the notice.

(4) A notice of lien registered under subsec- tion (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 Mort- gages Act applies with necessary modifica- tions.

(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.

(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.

(7) A member of the Association or other person claiming an estate or interest in or charge on resort land may apply to the Superior Court of Justice to require the Associ- ation to discharge a notice of lien registered under subsection (3) and the court may make any order it considers appropriate.

(8) A notice of lien and discharge of lien 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. 11.

(1) A member of the Association who is an owner of resort land and a member of the Association who leases, or who owns or carries on a business on, such resort land are jointly and severally liable to the Association for the payment of any fees, and related interest and costs, owed to the Association by the member who leases, or who owns or carries on a busi- ness on, the resort land.

(2) The Association may serve on a member of the Association who is an owner of resort land a notice of default of another member who leases, or who owns or carries on a busi- ness on, the member’s resort land and if the amount owed is not paid within 10 days of the member who owns the resort land receiving the notice of default, the owner of the resort land is in default for the purpose of

section 10. 12.

(1) The Association shall, upon receipt of a written request and subject to subsection (2), give a status certificate with respect to a lot, condominium unit or other parcel of land that is resort land to any person who states in writing that the person is a member or poten- tial member of the Association or a mortgagee or potential mortgagee of resort land.

(2) A person shall only be entitled to receive a status certificate in respect of the lot, condominium unit or other parcel on which the person’s membership or potential membership is based or in respect of which the person is a mortgagee or potential mortgagee.

(3) The Association may charge a reason- able fee for the provision of a status certificate, but the fee shall not exceed the fee that may be charged for a certificate under subsection 32 (10) of the Condominium Act or for a status certificate under subsection 76 (2) of the Con- dominium Act, 1998 , whichever is in force at the time of the request.

(4) The status certificate shall contain, (

a) the date on which it was made; (

b) a statement of the fees payable in the current fiscal year of the Association with respect to the specified lot, condo- minium unit or other parcel and the arrears of fees, if any, with respect to the lot, condominium unit or other par- cel; (

c) a statement of the number of subsequent fiscal years of the Association, if any, for which the fees payable in its current fiscal year, as required to be stated under clause (b), will continue to apply without change; (

d) if the statement required under clause (

c) shows that the fees payable in the current fiscal year will not change for one or more subsequent fiscal years, an undertaking that the Association will conduct its operations during its current fiscal year and the subsequent fiscal years, as shown in the statement required under clause (c), in such a manner that at the end of such fiscal years the Association will not have a deficit; Same Status certificate Restriction Fee Contents

BLUE MOUNTAIN VILLAGE ASSOCIATION 19994 Bill Pr14 Time limit (

e) the amount of any entry fee payable on purchase and sale of the lot, condomin- ium unit or other parcel; (

f) the number of units attributable to the lot, condominium unit or other parcel for purposes of determining fees and voting rights; (

g) the class of membership associated with the lot, condominium unit or other par- cel; (

h) a statement describing the voting struc- ture of the Association, including the number of units and members in each class of membership as at the date of the most current budget of the Association; (

i) a general description of the resort land, including the types and number of buildings, lots, condominium units and other parcels and of the recreational and other amenities and services provided by the Association, together with any conditions that apply to the provision of the amenities and services; (

j) the address for service of the Associ- ation; (

k) the names and address for service of the directors and officers of the Association, together with the class of membership that elected each director; (

l) the names of the members of the Execu- tive Committee of the board of directors of the Association or, in the event no Executive Committee has been created, a statement to that effect; (

m) a copy of this Act and of the by-laws of the Association; (

n) a statement of all outstanding judgments against the Association and the status of all legal actions to which the Associ- ation is a party; (

o) the most recent annual audited financial statements and the auditor’s report on the financial statements; (

p) a description of the current insurance policies covering the Association; and (

q) copies of any communications delivered during the current fiscal year of the Association to all the members of the Association or to all of any class of members of the Association.

(5) The Association shall give the status certificate to the person who requested it within 10 days after receiving the request and the required fee and if it does not give the status certificate within that time, the Associ- ation shall be deemed to have given a status certificate on the 11th day after receiving the request stating that there are no arrears of fees with respect to the lot, condominium unit or other parcel.

(6) If a status certificate that the Associ- ation has given under this

section omits material information that it is required to con- tain, it shall be deemed to include a statement that there is no such information.

(7) The status certificate binds the Associ- ation as of the date it is given, or deemed to have been given, with respect to the informa- tion that it contains, or is deemed to contain, as against the person who requested the status certificate and as against any mortgagee of the lot, condominium unit or other parcel to which the status certificate relates. 13.

(1) An owner of a lot, condominium unit or other parcel that is resort land shall, before entering into the first arm’s length agreement for the purchase and sale of the lot, condominium unit or other parcel, deliver to the purchaser a status certificate of that lot, condominium unit or other parcel.

(2) The Association shall, upon receipt of a written request from an owner described in subsection (1), deliver to the owner a status certificate of the lot, condominium unit or other parcel.

(3) An agreement of purchase and sale described in subsection (1) is not binding on the purchaser until the status certificate is delivered to the purchaser as required by this section. 14.

(1) The Association shall not, in a status certificate, (

a) make a material statement or provide material information that is false, decep- tive or misleading; or (

b) omit a material statement or material information that the Association is required to provide.

(2) A person described in subsection 12 (7) and a purchaser described in subsection 13 (1) may make an application to the Superior Court of Justice to recover damages from the Associ- ation for any loss sustained as a result of rely- ing on a status certificate that the Association is required to provide under this Act if the status certificate, (

a) contains a material statement or mater- ial information that is false, deceptive or misleading; or (

b) does not contain a material statement or material information that the Associa- tion is required to provide. Omission Association bound by status certificate Status cer- tificate to be given to first purchasers of resort land Same Purchase not binding until status certificate is delivered False, misleading statements, omissions Right to damages

BLUE MOUNTAIN VILLAGE ASSOCIATION 5Bill Pr141999 Commence- ment

Short title Firstly: 15. This Act comes into force on the day it receives Royal Assent. 16. The

short title of this Act is the Blue Mountain Village Association Act, 1999 .

SCHEDULE RESOR T LAND Part of Lots 17 and 18, Concession 1, being Parts 2, 3 and 4 on Plan 16R-5057, the Town of the Blue Mountains (formerly the Township of Colling- wood), County of Grey.

Form 1 Blue Mountain Village Association Act, 1999 NOTICE OF LIEN UNDER SUBSECTION 10 (3) OF THE ACT Blue Mountain Village Association (the “Association”) hereby gives notice that it has a lien under the Blue Mountain Village Association Act, 1999 against ……………………………………… (Identification of resort land on which lien is claimed), registered in the Land Registry Office for the Land Registry (or Land Titles) Division of …………………………….. for unpaid fees and any interest and costs in the amount of $ ……….. at the date hereof and Secondly: Part of Lots 17 and 18, Concession 1, the Town of the Blue Mountains (formerly the Township of Collingwood), County of Grey. interest and costs in the amount of $……….. at the date hereof and for such further amounts as are hereafter due and owing by …………………………………… to the Association and not paid.

Upon payment of all amounts owing to the Association andThirdly: Part of Lot 17, Concession 1, the Town of the Blue Mountains (formerly the Township of Colling- wood), County of Grey, designated as

Part 1, Plan 16R-3145. Upon payment of all amounts owing to the Association, and upon demand, the Association will give the owner a discharge of the lien in the prescribed form. Dated this …………. day of ………………….., 200…. Fourthly: Part of Lot 17, Concession 1, the Town of the Blue Mountains (formerly the Township of Colling- wood), County of Grey, designated as Parts 6, 7 and 8, Plan 16R-5057, and

Part 22, Plan 16R- 3495. BLUE MOUNTAIN VILLAGE ASSOCIATION: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name OfficeFifthly: Part of Lot 18, Concession 1, and Part of Lot 18, Concession 2, the Town of the Blue Mountains (formerly the Township of Collingwood), County of Grey, designated as

Part 1, Plan 16R-5057. Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name Office Sixthly: Part of Lot 18, Concession 1, the Town of the Blue Mountains (formerly the Township of Colling- wood), County of Grey, designated as

Part 4, Plan 16R-3772, save and except Grand Cypress Lane and Block 85, Plan 1078. Office Form 2 Blue Mountain Village Association Act, 1999 Seventhly: Part of Lot 1, Registered Plan 1065, the Town of the Blue Mountains (formerly the Township of Collingwood), County of Grey, designated as Parts 4, 5 and 6, Plan 16R-3456. g, DISCHARGE OF LIEN UNDER SUBSECTION 10 (6) OF THE ACT Blue Mountain Village Association (the “Association”) having id fl l i i d b hl iEighthly: Part of Lot 5, Registered Plan 1065, the Town of the Blue Mountains (formerly the Township of Collingwood), County of Grey, designated as

Part 2, Plan 16R-4038. g( ) g received payment of all amounts owing to it secured by the lien referred to in the Notice of Lien registered as No. ………… against ………………………………………………(Identification of resort land on which lien is claimed ) re gistered in the Land Re gistry Ninthly: Lots 6, 7, 9, 10, 11 and 12, Registered Plan 1065, the Town of the Blue Mountains (formerly the Township of Collingwood), County of Grey. land on which lien is claimed) registered in the Land Registry Office for the Land Registry (or Land Titles) Division of ……………………………, pursuant to subsection 10 (3) of the Blue Mountain Village Association Act, 1999, hereby discharges the Tenthly: Lot 14, Registered Plan 1065, the Town of the Blue Mountains (formerly the Township of Colling- wood), County of Grey, save and except

Part 1 on Plan 16R-3396. Blue Mounta n V llage Assoc at on Act, 1999, hereby discharges the lien. Dated this …………. day of ………………….., 200…. BLUE MOUNTAIN VILLAGE ASSOCIATION:Eleventhly: Lot 15, Registered Plan 1065, the Town of the Blue Mountains (formerly the Township of Colling- wood), County of Grey, save and except Parts 1-10, inclusive, and

Part 15 on Plan 16R-3142. BLUE MOUNTAIN VILLAGE ASSOCIATION: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name Office Twelvethly: Part of Village Crescent, Registered Plan 1065, the Town of the Blue Mountains (formerly the Town- ship of Collingwood), County of Grey, designated as

Part 2, Plan 16R-3396. Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name Office

Document details

Collection	Ontario — Bills
Citation	Bill PR14, 37-1
Type	bill
Volume / chapter	p37 s1 bill pr14 bill text 37 1 en pr014.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	cca564602c0cf72bb37502632037510218a42e24

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