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Owners' Manual

Disclaimers

Please note that the Owners' Manual is in the process of being updated. An updated version will be posted here soon.

The contents of this Owner’s Manual are based upon agreements filed under the Company Act and the regulations of various Acts of the Province of British Columbia, and Agreement made on November 25, 1998, between Lillooet Lake Estates

Ltd and H.J. Developments Ltd known as the Amalgamation Agreement, and a Land Use Contract made on June 8, 1976, and registered at the Land Title Office at Kamloops, BC, on April 4, 1987, under Number M18717. Any contradiction, dispute, or difference between the contents of this Owner’s Manual and the agreements shall be resolved only by reference to these agreements and Acts.

Last updated December 30, 2003

Table of Contents Page

Purpose of this Manual……………………………………………… 4
The Company…………………………………………………………… 4
Legal Description……………………………………………………… 4
Site Plan for Lillooet Lake Estates……………………………… 5
Definitions ……………………………………………………………….. 6
How We Govern Ourselves………………………………………… 7

Owner’s Contact Information

Notices

Sections and Share Classes

Meetings of Section Owners at the AGM

Meetings of Section Owners

Section Directors

Election of Section Directors

The New Board of Directors

The Board of Directors

Duties of the Directors

Administrator

Duties of the Administrator
Powers of the Administrator Transfer of Shares………. 14

Procedures for Transferring Shares of Lillooet Lake Estates Ltd.
Regulations and Responsibilities of Owners…………….. 15
Security
– Fire Protection
– Lot Numbers
– Emergency Alarm
– Gates
Use and Maintenance of Sites
Building Restrictions
Water and Sanitation
Use and Maintenance of the Common Property
Motor Vehicles
Burning and Fires
Additional Duties of an Owner
Violation of Regulations
Financial Operation of Lillooet Lake Estates…………….. 20
Definitions
Assessments and Taxes (Land)
Allocation of Property Taxes (Land)
Allocation of Assessments
Proper Sewage Disposal……………………………………….. 25
Applying to Build or Install a Sewage Disposal System
Getting Approval to Use the Sewage Disposal System
Maintaining A Sewage Disposal System
Preventing Problems
Servicing a Septic Tank
Building Permits……………………………………………………… 28
Warnings

Purpose of this Manual

The purpose of this manual is to explain the Regulations that we have to administer, maintain, and operate Lillooet Lake Estates on a mutual or co-operative basis for the sole use, pleasure, and recreation of the beneficial owners of Sites and their immediate families. Lillooet Lake Estates Ltd is the Administrator of our village. The set up and operation is similar to the municipal government of a village. But because we exist under a Land Use contract, there are some differences.

The Company

Lillooet Lake Estates Ltd. is a company that is incorporated under the laws of the Province of British Columbia. The incorporation number is 577546. The company came about as a result of the amalgamation on November 25, 1998, of the Heather Jean Estates companies. For the company’s registered office, we use our company lawyer’s office at:

            

The accounting office for Lillooet Lake Estates Ltd. is:

O'Neill, Goldstone & Co.

#6 – 144 West 15th Street

North Vancouver, BC

V7M 1R5

Legal Description

Lillooet Lake Estates is a development in the Lillooet Land District of BC with the legal description:

        Parcel Identifier 013-391-917

District Lot 4901, Lillooet District,

Except Plan 11938

 

and

        Parcel Identifier 009-486-895

District Lot 4901, Lillooet District,

Plan 11938 (Parcel “A”)

and is registered in the Land Title Office at Kamloops, BC. Lillooet Lake Estates shares District Lot 4901 with Heather Jean Developments. The site plan, that is an attachment to the Land Use Contract, shows which parts of District Lot 4901 are Lillooet Lake Estates and which parts are Heather Jean Developments.

Site Plan for Lillooet Lake Estates

Definitions

 "Act" means the Company Act of the Province of British Columbia and all amendments

“Administrator” means Lillooet Lake Estates Ltd.

"Directors" means the Board of Directors of the Administrator

"Limited Common Property" means such portions of the Common Property as have been designated as limited common property for the exclusive use of the holders of one or more classes of Non-Voting Common Shares in the capital of the Administrator

"Owner" means the beneficial owner of a Site, and shall where the context permits include the legal or common-law spouse of such person, any person occupying a Site through such beneficial owner, and the guests of or visitors to such beneficial owner;

"Section" means the Sites beneficially owned by the holders of one class of Non- Voting Common Shares in the capital of the Administrator;

"Section Budget" means a budget adopted by a Section for the purpose of maintaining or improving Section Common Property to a degree greater than the maintenance or improvement provided by the Administrator;

"Section Directors" mean those Directors of the Administrator nominated by a Section;

"Section Common Property" means such portions of the road system within the Estate that are adjacent to or abut any Site within a Section;

"Section Owners" mean the beneficial owners of the Sites comprising a Section;

"Special Majority" means the affirmative vote of not less than 3/4 of the votes of all Section Owners entitled to vote, present at the meeting in person or by proxy at the time the resolution is put to a vote.
How We Govern Ourselves
Owner’s Contact Information

 Each owner is responsible for keeping his or her contact information up-to-date. The Administrator needs your mailing address, your telephone number, your fax number, your cell phone number, and your email address. < span data-scayt_word="Lillooet" data-scaytid="59">Lillooet Lake Estates Ltd. sends notices and information to the last contact address that you have provided. In the event of an emergency it is especially important that we can contact you.
Notices

   1. Unless otherwise specifically stated in these Regulations, delivery of any notice required to be given under the Act or under these Regulations shall be well and sufficiently given if mailed to the Owner at the address set forth on the Register of Members of the Administrator or if left with him or her or some adult person at that address.
   2. A notice given by mail shall be deemed to have been given 48 hours after it is posted.

3. An Owner may at any time in writing advise the Administrator of a change of address at which notice shall be given, and thereafter the address specified shall be deemed to be the address of the Owner for the giving of notices.

   4. The word "notice" shall include any request, statement or other writing required or permitted to be given by the Administrator to the Owner.

Sections and Share Classes

A share certificate in Lillooet Lake Estates Ltd. is issued to each site owner. The shares are subject to the provisions of a Land Use Contract dated June 8, 1976, and an amending Amalgamation Agreement dated November 25, 1998. As a result of the amalgamation of the Heather Jean Estates companies, the new Company, Lillooet Lake Estates, was divided into 6 share classes or sections or “wards”. At the Annual General Meeting, each share class group or section has its own brief meeting to elect 2 Directors to represent them. The 12 elected Directors, 2 from each of the 6 sections or wards, form the Lillooet Lake Estates Board of Directors for the next year.

Share Class 1 is comprised of Lots: 50A, 50B, 51, 52, 53, 54, 55, 56, 57, 58, 61, 62, 63, 64, 65, 66, 67, 68, and 69

Share Class 2 is comprised of Lots: 84, 85, 86, 87, 88, 89, 90, 91, 92, 94, 110, 111, 112, 113, 114, 115, 118, 119, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, and 138

Share Class 3 is comprised of Lots: 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 93, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 160A, 161, 162, 163, 164, 165, 166, and 167

Share Class 4 is comprised of Lots: 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48, and 49

Share Class 5 is comprised of Lots: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28B, 29, 30, 31, 32, and 33

Share Class 6 is comprised of Lots: 139, 139A, 140, 142, 143, 144, 145, 148, 150, 152, 153, 154, 168, 169, 170, 171, 172, 173, 174, 175, 176, and 177

Meetings of Section Owners at the AGM

At the beginning of the AGM, each Share Class/Ward gathers to meet. The following regulations explain how the meeting is conducted. The usual purpose of the meeting is to elect 2 Directors. The Section Meetings rules that are detailed below are seldom used.
Meetings of Section Owners

   1. The Section Directors shall, upon election by the Section as a nominee Director, choose which of them shall be the Chair of the Section, and the other of them shall be the Vice-Chair of the Section.
   2. The Section Directors may, whenever they think proper, and shall on a requisition in writing by 25% of the Section Owners, within 2 weeks after requisition, convene a Section meeting.
   3. Fourteen (14) days' notice of every Section meeting specifying the place, date and hour of the meeting, and in case of special business the general nature of that business, shall be given to all Section Owners. Accidental omission to give notice to a Section Owner or failure to receive the notice by a Section Owner does not invalidate proceedings at the meeting.
   4. The following general procedures shall apply to all Section meetings:

(a) save as in these Regulations otherwise provided, business shall not be transacted unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business;

(b) one third of the persons entitled to vote present in person or by proxy constitutes a quorum;

(c) if within 1/2 hour from the time appointed for the meeting a quorum is not f" present, the meeting stands adjourned to the same day in the next week at the same place and time. If at the adjourned meeting, a quorum is not present within 1/2 hour from the time appointed for the meeting, the persons entitled to vote present constitute a quorum;

(d) The Chair of the Section shall be the Chair of all Section meetings. In his or her absence from the meeting or in case he or she vacates the chair, the Vice Chair of the Section shall act as Chair. In other cases, the meeting shall appoint a Chair;

(e) The order of business, as far as appropriate, shall be:

(i) electing the Chair of the meeting, if necessary, and appointing a Secretary for the meeting;

(ii) calling the roll, certifying proxies and issuing a voting card for each Site represented at the meeting;

(iii) filing proof of notice of meeting or waiver of notice;

(iv) considering any unapproved minutes;

(v) receiving reports of committees, if any;

(vi) considering the Section Budget;

(vii) unfinished business;

(viii) new business; and

(ix) adjournment.

5. The following voting procedures shall apply to all Section meetings:

(a) except for

(i) a resolution to remove a Section Director, and

(ii) approval of a Section Budget,

both of which shall require a Special Majority, all resolutions brought before

a Section meeting shall be decided by simple majority vote;

(b) a resolution by the vote of the meeting shall be decided on a show of hands, unless a poll is requested by an owner present in person or by proxy. A request for a poll may be withdrawn;

(c) unless a poll, is requested, a declaration by the Chair that a resolution has, on the show of hands, been carried is conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against the resolution;

(d) a poll, if demanded, shall be taken in whatever manner the Chair thinks proper, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was requested;

(e) in the case of equality in the votes, whether on a show of hands or on a poll, the Chair of the meeting is entitled to a casting vote in addition to his or her original vote;

(f) on a show of hands, a Section Owner shall indicate his or her vote by showing his or her voting card. On a show of hands or on a poll, votes may be given either personally or by proxy;

(g) except in cases where a unanimous resolution is required, a Section Owner is not entitled to vote unless all contributions payable for his or her Site have been paid;

(h) where Section Owners are entitled to successive interests in a lot, the member entitled to the first interest is alone entitled to vote, whether on a show of hands or a poll;

(i) a Section Owner who is a trustee is entitled to exercise the vote for the Site. The persons beneficially interested may not vote;

(j) an instrument appointing a proxy shall be in writing signed by the appointer or hi
s or her attorney, and may be either general or for a particular meeting;

(k) a proxy need not be an Owner or a Section Owner.

Section Directors
Before the Annual General Meeting can continue, the Share Class/Ward groups meet to elect 2 Directors to represent them. Following are the Regulations that apply to that election.
Election of Section Directors

1. The Section Owners shall meet immediately prior to the Annual General Meeting of the Administrator for the sole purpose of electing two (2) of their number to serve as nominee Directors of the Administrator (the "Section Election Meeting"). Such Meeting shall not be considered to be a meeting of Section Owners for the purposes of these Regulations, and the provisions of Part N of these Regulations shall not apply to such Meeting.

   2. The following general procedures shall apply to all Section Election Meetings:

(a) no notice need be given of such Meeting;

(b) save as in these Regulations otherwise provided, elections shall not be conducted unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business;

(c) 20% of the persons entitled to vote present in person or by proxy constitutes a quorum;

(d) if within 1/2 hour from the time appointed for the Meeting a quorum is not present, the persons entitled to vote present constitute a quorum;

(e) The Chair of the Section shall be the Chair of the Meeting. In his or her absence from the Meeting or in case he or she vacates the chair; the Vice Chair of the Section shall act as Chair. In other cases, the Meeting shall appoint a Chair;

(f) The order of business shall be:

(i) electing the Chair of the meeting, if necessary, and appointing a Secretary for the meeting;

(ii) calling the roll, certifying proxies and issuing a voting card for each Site represented at the meeting;

(iii) electing the Section Directors, and

(iv) adjournment;

   3. The following voting procedures shall apply to all Section Election Meetings:

(a) the election shall be decided on a show of hands, unless a poll is requested by an owner present in person or by proxy. A request for a poll may be withdrawn;

(b) unless a poll, is requested, a declaration by the Chair that a nominee has, on the show of hands, been elected is conclusive evidence of the fact without proof of the number of votes recorded in favour of the nominee;

(c) a poll, if demanded, shall be taken in whatever manner the Chair thinks proper, and the result of the poll shall be deemed to be conclusive;

(d) in the case of equality in the votes, whether on a show of hands or on a poll, the Chair of the meeting is entitled to a casting vote in addition to his or her original vote;

(e) on a show of hands, a Section Owner shall indicate his or her vote by showing his or her voting card. On a show of hands or on a poll, votes may be given either personally or by proxy;

(f) a Section Owner is not entitled to vote unless all contributions payable for his or her Site have been paid;

(g) where Section Owners are entitled to successive interests in a lot, the member entitled to the first interest is alone entitled to vote, whether on a show of hands or a poll;

(h) a Section Owner who is a trustee is entitled to exercise the vote for the Site. The persons beneficially interested may not vote;

(i) an instrument appointing a proxy shall be in writing signed by the appointer or his or her attorney, and may be either general or for the particular meeting;

(j) a proxy need not be an Owner or a Section Owner.

The New Board of Directors
Once the Directors for each of the 6 Sections/Wards are elected, the AGM can proceed. The newly elected Board of Directors becomes the village government for the next year.

Duties of the Directors

   1. Where the Regulations set forth in this Section conflict with the Act or with the Articles of Association of the Administrator, the provisions of the Act and/or the Articles shall prevail.
   2. At the first meeting of the Directors held after each annual general meeting of the Administrator, the Directors shall elect from among their members a Chair and Vice Chair, who shall hold office until the conclusion of the next annual general meeting of the Administrator or until their successors are elected or appointed.
   3. The Chair of the Directors shall have a casting vote in addition to his or her original vote.
   4. Where the Chair is absent from any meeting of the Directors, or vacates the chair during the course of a meeting, the Vice Chair shall act as the Chair and have all the duties and. powers of the Chair while so acting.

5. In the absence of both the Chair and the Vice Chair, the members present shall from among themselves appoint a Chair for that meeting, who shall have all the duties and powers of the Chair while so acting.

   6. At meetings of the Directors all matters shall be determined by simple majority vote.
   7. The Directors may:

a) employ for and on behalf of the Administrator such agents and employees as it thinks proper for the control, management and administration of the Common Property, common facilities or other assets of the Administrator, and the exercise and performance of the powers and duties of the Administrator; and

b) subject to any restriction imposed or direction given at a general meeting, delegate to one or more of its members, or to a member or committee of members of the Administrator, or to a manager retained by the Directors, those of its powers and duties it thinks proper, and at any time revoke a delegation.
Administrator

 Once the new Board of Directors is formed, there are regulations that apply to the Board of Directors. The Board of Directors functions as the Administrator on behalf of Lillooet Lake Estates Ltd. The Administrator provides the local government for the village.

Duties of the Administrator

In addition to the duties imposed on the Administrator by the Act, the Administrator shall:

   1. control manage and administer the Common Property, common facilities or other assets of the Administrator for the benefit of all Owners;
   2. keep in state of good and serviceable repair and properly maintain the fixtures and fittings, including the recreational facilities, if any, and other apparatus and equipment used in connection with the Common Property, common facilities or other assets of the Administrator;
   3. maintain all Common Property, including roadways not forming part of a Site;
   4. collect and receive all contributions toward the common expenses and other assessments levied and paid by the Owners and deposit the same with a savings institution; and
   5. pay all sums of money properly required to be paid on account of all services, supplies and assessments pertaining to, or for the benefit of, the Administrator and the Estate.

Powers of the Administrator

In addition to the powers conferred on the Administrator by the Act, the Administrator may:

   1. purchase, hire or otherwise acquire personal property for use by the Owners in connection with their enjoyment of the Common Property, common facilities or other assets of the Administrator;
   2. borrow money required by it in the performance of its duties or the exercise of its powers;
   3. secure the repayment of money borrowed by it, and the payment of interest, by negotiable instrument or mortgage of unpaid contributions, whether levied or not, or mortgage of any property vested in it, or by combination of those means;
   4. invest as it may determine in separate accounts money in the fund for administrative expenses;
   5. make an agreemen
t with an Owner of a Site for the provision of amenities or services by it to the Site or to the Owner;
   6. subject to ratification by a Special Majority vote of each class of Non-Voting Common Shares in the Administrator affected thereby, designate an area as Limited Common Property and specify the Sites that are to have the use of the Limited Common Property;
   7. make rules and regulations it considers necessary or desirable from time to time in relation to the enjoyment, safety and cleanliness of the Common Property, common facilities or other assets of the Administrator;
   8. do all things necessary for the enforcement of these Regulations and amendments thereto and the rules and regulations of the Administrator, and for the control, management and administration of the Common Property, common facilities or other assets of the Administrator, generally, including removing privileges in the use of certain facilities, or fixing and collecting fines for contravention of these Regulations and amendments thereto and the rules and regulations of the Administrator.

Transfer of Shares
Procedures for Transferring Shares of Lillooet Lake Estates Ltd.

Vendor or vendor’s lawyer/notary obtains a Confirmation of Accounts Statement from Dale Goldstone of O’Neill Goldstone & Company, #6 – 144 West 15th Street, North Vancouver, BC, V7M 1R4 (telephone 604-985-9566; fax 604-985-9517) stating that there are no arrears owing for annual assessments or fines, or if there are such arrears, the amounts owing.

Transfer of Common Share Certificate to Purchaser is endorsed on each certificate and delivered to the solicitor for Lillooet Lake Estates Ltd., L. Thomas Symons & Company, #707 – 555 West 28th Street, North Vancouver, BC, V7N 2J7, (telephone: 604-985-2750; fax: 604-985-1056) along with letter from Dale Goldstone.

If Heather Jean Developments Ltd. has obtained a Judgment against an owner of shares for unpaid water fees, the Directors of Lillooet Lake Estates Ltd. will not permit a transfer of shares unless the amount payable pursuant to the Judgment is paid.

Taxes for improvements upon the property, which is associated with the share to be transferred, must be paid in full. Tax information regarding the lot can be obtained from Enquiry BC (telephone: 604-660-2421). Purchasers should make sure that they obtain confirmation from the provincial government that the improvements tax has been paid, as this tax is not collected by Lillooet Lake Estates Ltd., and no records are kept regarding this tax. The improvements tax is solely the responsibility of the site owner.

Upon receiving the letter from Dale Goldstone, the endorsed Share Certificates, payment of a Transfer Fee of $228 ($200 + GST + PST) to L. Thomas Symons & Company, payment of all arrears, and confirmation that there are no taxes owing nor Judgments owing to Heather Jean Developments Ltd. for water fees, Tom Symons prepares a Resolution of Directors of Lillooet Lake Estates Ltd. permitting the intended transfer. No transfer of shares will be approved unless all arrears of payments as certified by Dale Goldstone and any amounts payable pursuant to a Judgment in favour of Heather Jean Developments Ltd. are paid in full.

Note:

Payment of the Transfer Fee is a matter to be negotiated between Vendor and Purchaser. Lillooet Lake Estates Ltd will not pay this fee.

When the Directors approve the transfer of shares, Tom Symons records the transfer in the records of Lillooet Lake Estates Ltd., issues new shares in the name of the Purchaser, and notifies O’Neill Goldstone and the Lillooet Lake Estates Registrar of the transfer.
SAMPLE STATEMENT:

CONFIRMATION OF ACCOUNTS STATEMENT

 

RE: LOT NUMBER(S): _______________

 

DATED:

 

O’Neill, Goldstone & Company hereby certifies:

 

□ That there are no outstanding arrears of annual assessments, fines, or penalties with respect to the above-noted lot(s).

□ That the following amounts are outstanding as of this date:

 

            Annual assessments: _____________

 

            Fines or penalties: _____________

 

            Total Arrears: _____________

 

Per:

 

 

 

Date Goldstone
O’Neill Goldstone & Company
Regulations and Responsibilities of Owners
Security
Fire Protection

Each house should have a high-pressure hose long enough to service the entire building, with the faucet on the outside of the building and on the high pressure side of the pressure reducing valve. Each owner should send to the Directors a rough sketch of their property and building showing the location of the high-pressure hose, the exterior propane tank (if any), and the storage location of any portable propane tanks that are kept under or in the building.
Lot Numbers

Each Lillooet Lake Estates lot owner should post his or her lot number at the driveway entrance to the lot, where it is clearly visible from the common road. Numbers should be approximately 6” (six inches) high and of sufficient colour contrast to be visible in headlights and in poor visibility conditions. Lot number signs must be permanent and weatherproof. Post a lot number sign, even if your lot is undeveloped, as a fire or medical emergency could occur regardless of how developed the lot is.
Emergency Alarm

There has been a long-standing protocol for “sounding and alarm”. In an emergency sound 3 short, 3 long, and 3 short blasts on a car horn. This is Morse code for “HELP”.
Gates

One of the features of Lillooet Lake Estates is that it is a gated community. The gates have done a lot to reduce break-ins and theft. Each owner should remind family and friends to keep the gates closed and locked. Safety and security is everyone’s responsibility
Use and Maintenance of Sites

   1. No large trees shall be removed from Sites without the previous written consent of the Directors.
   2. Owners shall refrain from unnecessary removal of shrubbery or ground cover from their Sites such that would facilitate erosion.
   3. No poultry, swine, sheep, cows, cattle, horses or other livestock, other than domestic household pets, shall be kept on any Site.
   4. No billboards, placards or advertising signs of any kind shall be erected or displayed on any Site or any residence or building or in any window or door of any residence or building on any Site without the previous written consent of the Directors.
   5. No boundary fences shall be erected, provided however that ornamental trees or shrubbery will be permitted on each Site.
   6. No building on any Site shall be used for the purposes of any boarding house, lodging house, hotel, beer parlour, commercial resort, store, restaurant, hospital, private sanatorium, shop, factory or place of trade or business and no trade, profession, business or manufacture (excepting non-disruptive home-based businesses) shall be carried out on any Site.
   7. No more than one single family dwelling for the use of an Owner of a Site and his or her immediate family shall be permitted on each Site.
   8. No residence or building on any Site shall be remodelled, partitioned, sub-divided, or let with the intent or purpose that the same or any part thereof shall be used or occupied by more than one family or household unit, nor shall any Site or part thereof be sub-divided into two or more parcels.
   9. Every Owner shall maintain the Site and any buildings or other works or improvements thereon in a reasonable state of repair and in such manner as not to cause a fire hazard or nuisance to or to int
erfere with any other Owner in the quiet enjoyment of his or her Site or of the Common Property.

Building Restrictions

1. An Owner shall be entitled to erect, build and maintain upon his or her Site a single family dwelling and out buildings and other related improvements and structures for his or her own use and enjoyment, and otherwise to improve his or her Site provided that:

(a) before such Owner commences the erection of any permanent building or works or any external alterations to such buildings or works he or she must present his or her plans and specifications to the Directors for approval as to general location layout and design and

(b) unless the Directors shall be of the opinion that the proposed buildings or works or part of them are likely to contravene the objects and purposes of these Regulations or to create a health hazard or a nuisance to the other Owners, the Directors shall approve the same.

   2. An Owner in erecting any permanent building or works or making any alterations to existing buildings or works shall comply with all applicable building codes.

Water and Sanitation

1. Notwithstanding any grant of any rights in respect of any Site the Directors may reserve or except out of any Site either at the time of attachment to its share or at any time thereafter such part of a Site as may be required, in the sole discretion of the Directors, for the purposes of a well or other source of drinking water to serve any Owner or Owners or any Site or Sites, or for the purposes of a right-of-way to and from such well or other source of drinking water.

2. Prior to occupying any Site, whether by way of a permanent residence or otherwise, an Owner shall install on the Site primary sewage treatment in the form of a septic tank or such other sewage system as the Directors may approve, and the Directors shall at all times regulate and control the location of sanitary facilities on any Site and on the Common Property. All such septic tanks or other approved sewage systems shall comply with all applicable building and health codes.

3. The collection, storage and elimination of garbage and waste (including construction waste) will be carried out by the Owners in a timely manner and in such a manner as shall neither impair the pleasure and enjoyment of the other Owners nor attract rodents or other animals.

Use and Maintenance of the Common Property

   1. Except for the roadways and driveways, no person shall use or occupy the Common Property between the hours of 12:01 A.M. and 5:30 A.M.
   2. No trees, shrubs or ground cover shall be removed from the Common Property other than in accordance with the directions of the Directors.
   3. No billboards, placards or advertising signs of any kind shall be erected or displayed on the Common Property except those erected or displayed by the Directors.
   4. No poultry, swine, sheep, cows, cattle, horses or other livestock, other than domestic household pets, are permitted on the Common Property.
   5. The placement and maintenance of ornamental trees or shrubbery on the Common Property shall be governed by the decision of the Directors.
   6. No Owner shall do anything that will be noisy or offensive on the Common Property so as to interfere with the enjoyment by any Owner of the Common Property or his or her Site.
   7. No Owner shall do anything on the Common Property likely to damage the plants, bushes, flowers or foliage thereon.
   8. No Owner shall use the Common Property for the storage of any personal property , except as expressly authorized by the Directors.
   9. No Owner shall burn any rubbish or any other material on the Common Property except in areas designated by the Directors and with the express consent of the Directors.
  10. The roadways and the driveways of the Common Property shall not be obstructed or used for any purpose other than the ingress or egress to or from the Sites and parking areas within the Common Property.

Motor Vehicles

   1. No vehicle belonging to an Owner or to a member of his or her family or to a guest, tenant or employee of the Owner shall be parked in such a manner as to impede or prevent ready access to the entrance of any gate or Site by another vehicle
   2. No motor vehicle shall be driven on any part of the Common Property other than on driveways or roadways.

Burning and Fires

No Owner shall burn any rubbish or any other material on a Site or on Common Property except in accordance with all governmental fire regulations and with due regard for the safety of all Owners.

Additional Duties of an Owner

An Owner shall:

   1. permit the Administrator and its agents, at all reasonable times on notice, except in case of emergency, when no notice is required, to enter his or Site for the purpose of:
        (i) inspecting and maintaining, repairing or renewing Common Property, common
             facilities or other assets of the Administrator, or
        (ii) ensuring that these Regulations are being observed;
   2. promptly carry out all work that may be ordered by any competent public or local authority in respect of his or her Site other than work for the benefit of the Estate generally, and pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his or her Site;
   3. not use his or her Site for any purpose which may be illegal or injurious to the reputation of the Estate;
   4. comply strictly with these Regulations, including all amendments thereto;
   5. use and enjoy the Common Property, common facilities or other assets of the Administrator in a manner that will not unreasonably interfere with their use and enjoyment by other Owners, their families or visitors.
   6. not use his or her Site, or permit the same to be used, in a manner or for a purpose that will cause a nuisance or hazard to any occupier of a Site, whether an Owner or not, or his family;
   7. not permit undue noise to be made on or about any Site or Common Property or permit any act which will interfere unreasonably with any other Owner;
   8. between the hours of 11:00 P.M. and 7:00 A.M. not operate gasoline or diesel powered generators that in any manner disturbs or could disturb other Owners;
   9. keep sound reproduction, including radios, televisions, stereos and musical instruments to a reasonable level so as not to disturb other Owners;
  10. discourage his or her pets from excessive noise at all times. Persistent, prolonged or continuous noise shall constitute an offence under this Regulation;
  11. not do anything or permit anything to be done on the Estate that is contrary to any of the provisions, rules or ordinances of any statute or Municipal bylaw.

Violation of Regulations

   1. An infraction or violation of these Regulations or any rules and regulations established under them on the part of an Owner, his or her employees, agents, invitees or tenants may be corrected, remedied or cured by the Administrator. Any costs or expense so incurred by the Administrator shall be charged to that Owner and shall be added to and become a part of the assessment of that Owner, notice of which may be given to such Owner on or after the date on which the costs or expense are incurred, but not necessarily paid, by the Administrator.
   2. The Administrator may recover from an Owner by an action for debt in a court of competent jurisdiction money which the Administrator is required to expend as a result of an act or omission by the Owner, his or her employees, agents, invitees or tenants, or an infraction or
violation of these Regulations or any rules or regulations established under them
   3. In addition to the foregoing, the Directors may levy fines against an Owner for an infraction or violation of these Regulations or any rules and regulations established under them on the part of the Owner, his or her employees, agents, invitees or tenants, provided that:

(a) the Directors shall not levy a fine unless at least one (1) written warning has been issued on the infraction;

(b) unless other fines are specifically stated in these Regulations, the fines shall be in the following amounts:

(i) $50.00 for the first infraction;

(ii) $100.00 for the second infraction;

(iii) $150.00 for the third infraction; and

(iv) $200.00 for the fourth and subsequent infractions,

or in such other amounts as may be established by the majority vote of the holders of the Class "A" Common Voting Shares in the capital of the Administrator at an Annual or Extraordinary General Meeting. The fines so levied shall be considered to be an assessment against that Owner.

Financial Operation of Lillooet Lake Estates
Definitions

"Common Property" shall mean those portions of the Estate on the plan annexed hereto as Schedule "A" which are neither outlined in dark outline nor shaded, but including any area on a Site shown as dotted on such Schedule and used for access by other Sites;

"Group One Sites" shall mean all Sites which abut Lillooet Lake, but excluding any Group Four Sites;

"Group Two Sites" shall mean all Sites between the Group One Sites and the area designated as "B C Hydro R/W Plan A 1705" on the plan annexed hereto as Schedule "A" (the "Road"), but excluding any Group Four Sites;

"Group Three Sites" shall mean all Sites above the Road, but excluding any Group Four Sites;

"Group Four Sites" shall mean all Sites:

(a) on which no building or other structure has been constructed, and

(b) for which no building permit has been issued, and (c) for which, in the opinion of the Directors of the Administrator, no building permit will be issued.

Should a building or other structure be constructed on a Group Four Site, or should a building permit subsequently issue for such a Site, that Site shall be re-designated as a Group One Site, a Group Two Site or a Group Three Site depending upon the location of that Site;

"Site" and "Sites" shall mean the 152 building lots set forth on the plan annexed hereto as Schedule “A” that are outlined in dark outline;

"Site's Proportionate Share" shall mean the Site's Tax Value divided by the Tax Allocation Base, expressed as a percentage;

"Tax Allocation Base" shall mean the sum of each Site multiplied by the Tax Value of such Site;

"Tax Value" shall mean:

(a) for each Group One Site, the number one (1)

(b) for each Group Two Site, the number 5/10 (.5)

(c) for each Group Three Site, the number 1/4 (.25)

(d) for each Group Four Site, the number 15/100 (.15)

Assessments and Taxes (Land)

All costs relating to the operation and management of the Estate and Trustee's costs shall be met and paid for by assessments made against the beneficial owners of Sites (the "Owners") as follows:

(a) with the Notice of each annual general meeting the Administrator shall enclose a proposed annual budget for the following 12 month period, composed of the following sections:

(i) all taxes, rates and other charges imposed by any government authority upon the Common Property, and premiums of insurance paid in respect of the Common Property and buildings and improvements thereon (the "Common Property Component");

(ii) the costs of maintaining and improving the Common Property (the "Common Property Costs");

(iii) the costs of the Trustee (the "Trustee's Costs");

(iv) the costs of the Administrator, including legal and accounting costs (the "Administrator's Costs");

(v) the cost of proposed capital acquisitions, if any, or maintenance and improvement of existing capital assets, if any (the "Capital Costs");

(vi) such further costs as the Directors of the Administrator feel necessary or advisable to incur in the interests of the Estate (the "Recommended Costs");

(b) at each annual general meeting of the Administrator the holders of the Class "A" Voting Common Shares in the capital of the Administrator shall separately consider and adopt, with or without amendment, the following elements of the proposed budget:

(i) the Common Property Costs;

(ii) the Administrator's Costs;

(iii) the Capital Costs;

(vi) the Recommended Costs,

the approved total of which is hereafter called the "Approved Costs";

(c) the budget of the Administrator (the "Annual Budget") shall be the total of the Common Property Component, the Trustee's Costs and the Approved and shall be assessed against the Owners as follows:

(i) the Common Property Component shall be allocated to each Site on the basis of Site's Proportionate Share'

(ii) the Trustee's Costs and the Approved Costs shall be allocated equally among all Owners;

(d) in addition to assessments made with respect to the Annual Budget:

(i) all taxes, rates and other charges imposed by any government authority upon the Estate, and premiums of insurance paid, in respect of buildings and improvements contained on a Site shall be met by the beneficial owner of the Site and if the amount of such taxes, rates, charges and premiums cannot be specifically determined by the Administrator for a Site then the proportion of such charges to be borne by the beneficial owner of the Site shall be the proportion that the valuation of such buildings and improvements bears to all buildings and improvements on the Estate. When possible such proportion shall be determined from valuations made by the government authority imposing the tax, rate or charge or by the insurance company writing the insurance;

(ii) common expenses attributable to Common Property which have been incurred by the Administrator due to the actions or default of or for the benefit of the beneficial owner of a particular Site, or which have been incurred at the request of the beneficial owner of a particular Site and not at the request of the Administrator, shall be borne exclusively by such beneficial owner;

(iii) common expenses attributable to limited Common Property designated for the exclusive use of the beneficial owner of a particular Site which have been incurred by the Administrator due to the actions or default of such beneficial owner, or which, not being within the maintenance responsibility of the Administrator, have been incurred at the request of such beneficial owner, and not at the request of the Administrator, shall be borne exclusively by such beneficial owner;

(iv) the amounts contained in any Section Budget established pursuant to the Regulations annexed hereto as Schedule "B" shall be allocated equally among the beneficial owners of the Sites forming such Section;

(v) the Directors of the Administrator may make expenditures not set forth in the Annual Budget if, in their opinion, such expenditures are necessary to meet an emergency or are required due to unforeseen circumstances, and such expenditures shall be borne equally by all Owners;

(e) all assessments shall be due and payable thirty (30) days after the date of the mailing of the assessment notice to the beneficial owner in accordance with the Regulations and:

(i) if unpaid by the due date shall bear interest from the date of the assessment notice at a rate which is 4% above the minimum lending rate charged by the Administrator's bank at such date, compounded monthly;

(ii) if
unpaid for sixty (60) days after notice of such default shall have been given to the defaulting beneficial owner, the Administrator may give notice to the Trustee that such beneficial owner is in default and no transfer of beneficial ownership shall be registered without the consent of the Administrator;

(iii) if unpaid for one (1) year or longer after such notice, the exclusive right of such beneficial owner to the use and possession of the Site shall cease and determine and the Administrator shall be empowered to enter upon and sell the interest of the beneficial owner in the Site and to pay the proceeds of such sale in satisfaction of the outstanding assessments and charges and the balance of such proceeds to the defaulting beneficial owner, the Trustee shall register a transfer of such beneficial ownership to a purchaser certified by the Administrator to be entitled to beneficial ownership of the Site and the shareholding of the defaulting beneficial owner in the Administrator shall be transferred to the purchaser, each beneficial owner of a Site hereby appointing the Administrator its attorney for the purpose of effecting the transfer of such shareholdings;

(iv) the Administrator may take whatever further actions are necessary to protect the Administrator and ensure collection of arrears, including the use of collection agencies, court actions and other remedies provided by the Company Act or available to it at law. The costs of any of these procedures shall be added to the delinquent Site owner's accounts."
Allocation of Property Taxes (Land)

The Administrator is sent the bill for the land taxes and this is paid for from the assessments. Improvements on individual sites are evaluated separately for tax purposes. The improvements portion of the taxes is mailed to the lot owner.

The Estate is divided into four groups for the purpose of allocating property taxes:

Group 1 sites – all the building lots that abut Lillooet Lake except for the group 4 sites.

Group 2 sites – all the building lots between the group 1 sites and the industrial road that follows the BC Hydro high voltage power lines except for the group 4 sites.

Group 3 sites – all the building lots above the industrial road that follows the BC Hydro high voltage power lines except for group 4 sites.

Group 4 sites – all the building lots on which no building or other structure has been constructed, and for which no building permit has been issued, and for which, in the opinion of the Directors, no building permit will be issued.

Note:

Should a building or other structure be constructed or a building permit issued, the group 4 site will be re-designated as a group 1, 2, or 3 site depending on the location.

Each building lot is allocated a portion of the Estate’s property taxes. Each lot’s proportionate share of the Estate’s property taxes is based on the following tax value allocation:

    *

       For each group 1 site, the number one (1)
    *

       For each group 2 site, the number 5/10 (.5)
    *

       For each group 3 site, the number ¼ (.25)
    *

       For each group 4 site, the number 15/100 (.15)

The tax allocation base recognizes the diminishing lot value based on decreased proximity to the lake.
Allocation of Assessments

The Annual Budget for the Estates is assessed against the owners as follows:

    *

      The common property expenses are allocated to each building lot on the basis of the lot’s proportionate share.
    *

      The Trustee’s costs and the approved costs (Annual Budget) are allocated equally among all the lot owners.

Proper Sewage Disposal
Applying to Build or Install a Sewage Disposal System

    *

       Complete an “Application for a Permit to Construct a Sewage Disposal System”, available from the Public Health Protection office.
    *

       Be sure to include a plan showing the location of buildings, septic tanks, disposal fields (yours and your neighbours’), all drinking water sources, water lines, percolation holes and results, test holes and surface waters.
    *

      Note that there must be at least 30 metres (100 feet) between a water supply and a sewage disposal system.
    *

      Return the completed application form to the nearest Health Unit

    Vancouver Coastal Health Authority

    202 – 4380 Lorimar Road

    Whistler, BC

    V0N 1B0

    Phone: 604-932-3202

     OR

    Vancouver Coastal Health Authority

    1140 Hunter Place
    Squamish, BC

    V0N 3G0
    Phone: 1-877-892-2231
 

    *

      Pay the prescribed processing fee. (There are no fees for privies or holding tanks.) The Environmental Health Officer will then inspect the site to confirm the information on the application. Once signed, the application becomes a permit to construct a sewage disposal system. The Inspector will keep one copy of the permit on file and give three to you.
    *

      Use one of your three copies of the permit to support your application for a building permit from your municipality or regional district. The second copy is for the use of your contractor. The third copy is the Notice that must be posted on your property, in a conspicuous place, within three days of obtaining the permit. Once your permit has been issued and posted, your neighbours will then have 30 days in which to appeal the granting of the permit to the Environmental Appeal Board.

NOTE:

If you decide to proceed with the construction of your sewage disposal system before the 30-day appeal period is over, you must realize that there is a risk that the permit may be appealed and could be revoked by the Environmental Appeal Board.

    *

       Note that the permit is not transferable and that it expires one year from the date of issue.
    *

      Construct the sewage disposal system according to the conditions, standards and plan approved in your permit.
    *

      Get approval from the Environmental Health Officer if you want to make any changes to the plan.
    *

       Do not cover or operate the sewage disposal system until you have written approval from the Environmental Health Officer (see next section).
    *

      Be aware that an Environmental Health Officer is not authorized to design your system for you.

NOTE:

Environmental Health Officers recommend that qualified sewage disposal contractors install sewage disposal systems.
Getting Approval to Use the Sewage Disposal System

    *

      Leave the entire sewage disposal system uncovered, and call the Environmental Health Officer to inspect it.
    *

      Make the required correction if the system fails the inspection. A re-inspection fee of $100 must be paid each time the Environmental Health Officer checks to see that faults have been corrected.
    *

      Note that every approval to use a package treatment plant requires that:
&nbsp
;   *

      a copy of the approval be posted in an obvious place on or near the package treatment plant system;
    *

      the system be serviced and maintained in good condition; and
    *

      the operation of the system be continued uninterrupted.
    *

       Note that if you make alterations or repairs in the future, you must have a permit and pay a processing fee

Maintaining A Sewage Disposal System

Keep a sketch showing the location of the septic tank, distribution box and disposal field in relation to a fixed point, such as your house.

Provide suitable markings for access hatches. To prevent surface runoff from entering the tank, bury openings 30 centimetres (1 foot) below, or raise the opening 30 centimetres (1 foot) above, the finished grade.
Preventing Problems

    *

      Do not allow cars, trucks or snowmobiles to drive or park over any part of the disposal system.
    *

      Do not plant trees with large root systems in the disposal field area.
    *

      Ensure that there are no dripping faucets or continually running toilets that may overload the sewage disposal system with water.
    *

      Do not use excessive amounts of bleach or other cleansers.
    *

      Do not dump toxic chemicals, oils, paints or solvents down the toilet.
    *

      Do not install a garburetor without increasing the size of your tank and field.
    *

      Do not flush away cigarette butts, filters, sanitary napkins, newspaper, disposable diapers, facial tissue, paper towels, hair, plastic, metal or rubber items, coffee grounds, tea leaves, grease or fats. They can plug a septic tank or a drain field.
    *

       Do not allow surface water, roof drains or perimeter drains to discharge into or near your sewage disposal system.
    *

      Use water sparingly.
    *

       Insulate the main pipe and disposal area with a thick blanket of straw during the winter. Also insulate the tank and the pipe connection from the house.
    *

       Use snow fences to promote maximum snow cover.
    *

       Do not leave the system non-operative for long periods during cold winter months.
    *

      If pools of water appear on a disposal area, contact your Environmental Health Officer for advice.
    *

      Try to spread your laundry throughout the week as opposed to doing it all in one day.

Servicing a Septic Tank

    *

       Inspect your septic tank every year. Servicing depends mainly on the number of people using the system and the daily flow of sewage.
    *

       Service your septic tank as often as necessary (every two or three years or when the sludge is within 45 centimetres (18 inches) from the bottom of the outlet pipe or if the scum is within 8 centimetres (3 inches) of the outlet pipe).
    *

       Remove sludge in the spring rather than in the fall to avoid loading the septic tank with undigested solids during the cold months.
    *

       Do not scrub your tank clean. Leave a small amount of sludge to renew bacterial activity.
    *

       Check your phone book for listings of firms equipped to service septic tanks.

Building Permits

 Contact:

SQUAMISH-LILLOOET REGIONAL DISTRICT

P.O. BOX 219, PEMBERTON, B.C. V0N 2L0
TOLL FREE #: 1-800-298-7753

TELEPHONE: 604-894-6371 FAX: 604-894-6526

Building@slrd.bc.ca

Warning:

The Squamish-Lillooet Regional District requires you to submit proof that your building plans have received the approval of the Lillooet Lake Estates Board of Directors.

1. All plans must be done by a qualified designer or architect and blueprinted, except for farm buildings.

2. Two sets of plans along with the permit application. One set will be returned to you showing changes, if any. These are to be kept on site at all times.

3. Indicate size and grade of all materials used.

4. Copy of share certificate for Lillooet Lake Estates Ltd. must be submitted with your building permit package, along with proof of approval from the Lillooet Lake Estates Board of Directors.

5. The following regulations apply to all construction: Current BC Building Code, Current BC Plumbing Code, S.L.R.D. Building By-law No. 572 and S.L.R.D. Zoning By-laws.

Notes:

If construction of a house or cabin is to be near a lake, river or stream, or within the Squamish River or Lillooet River flood plain area, please contact the building inspector prior to drawing up plans.

Buildings must be designed for the expected ground snow load shown on the SLRD’s Snow Load schedule.

OBTAIN HEALTH PERMIT FROM:

    *

       Coast Garibaldi Health Unit, 202-4390 Lorimer Rd Whistler BC V0N 1B4 604-932-3202
    *

      Coast Garibaldi Health Unit Box 220 Squamish BC VON 3GO 604-892-3585
    *

      South Central Health Unit Bag 700 Lillooet BC VOK IV0 250-256-7221

SEND HIGHWAY ACCESS APPLICATION (if needed) TO:

    *

       District Highways Manager 1690 Main Street North Vancouver BC V7J 1E3 604-981-0042
    *

      Area Manager Bag 700 Lillooet BC V0K 1V0 250-256-0329

OBTAIN ELECTRICAL PERMIT FROM:

    *

      Government Agents Office 38152-2nd Ave. Box 1008 Squamish BC V0N 3G0 604-892-3221
    *

       Government Agents Office 651 Main Street Bag 700 Lillooet BC V0K 1V0 250-256-7548

 

The Squamish-Lillooet Regional District requires that:

*** NO PHASE OF BUILDING MAY BEGIN PRIOR TO OBTAINING A VALID BUILDING PERMIT.

*** NO PERMIT WILL BE ISSUED UNTIL THE SLRD IS IN RECEIPT OF ALL REQUIRED INFORMATION.

THE FOLLOWING INSPECTIONS ARE REQUIRED DURING THE COURSE OF BUILDING, AS PER SLRD BUILDING BY-LAW NO. 572:

 a.) FOUNDATION AND SETBACKS – when the setback requirements are close to the minimum distances that the applicable by-law requires (+/- 2’0”) a BC Land Surveyor’s certificate will be required for location of the building. Forms are to be inspected PRIOR to pouring cement.

b.) FRAMING – after exterior walls are up and roof is on.

c.) WOOD BURNING APPLIANCES – Prior to covering with drywall or interior finish that would limit visibility of checking clearance to combustibles. Masonry fireplaces will require an additional inspection when the smoke chamber is complete, damper installed and the first one or two flue liners are in place.

d.) PLUMBING – when drainage system is glued together, capped and test plug is in place (for both drainage and supply system). ROUGH-IN PLUMBING AND FRAMING INSPECTION SHOULD BE DONE AT THE SAME TIME, IF POSSIBLE.

e.) INSULATION & VAPOUR BARRIER – Pay special attention to the type of vapour barrier used, caulking and taping of vapour barrier and the uniform installation of the insulation. Insulation inspection is carried
out after all interior finishing is completed.

f.) FINAL – when job is complete (All safety items like handrails, guards must be installed).

WARNINGS:

The Squamish-Lillooet regional district will not be responsible for structural deviancies or nonconformance to the current BC building code for buildings that have not received final inspection.

Owners who proceed with construction of buildings or structures without obtaining building permits are at risk of receiving “stop work” orders or removal orders and may be subject to fines and additional penalties. These matters are entirely within the jurisdiction of the SLRD, not Lillooet Lakes Estates Ltd.

Lillooet Lake Estates Ltd. Is not responsible for any damage to property or injury to persons as a result of construction of buildings or structures that do not conform to applicable BC. building code requirements. Owners, who erect buildings or structures in violation of municipal or provincial laws and regulations, do so entirely at their own risk.

 

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