96320_01 — Resort Associations Act

s. 1 — Definitions

In this Act:

s. 1 — association

association means an association incorporated under section 3;

s. 1 — bylaws

bylaws means the bylaws of an association;

s. 1 — municipality

municipality means a municipality as defined in the Community Charter;

s. 1 — owner

owner means

s. 1(a)

the owner of an estate in fee simple registered under the Land Title Act, or

s. 1(b)

a person in possession of Crown land under a lease, licence, agreement for sale, easement, statutory right of way or other instrument under the Land Act;

s. 1 — regional district

regional district means a regional district as defined in the Local Government Act;

s. 1 — registrar

registrar means a registrar as defined in the Land Title Act;

s. 1 — resort land

resort land means the land in a resort promotion area that is specified by the minister as resort land and includes a lot, strata lot or other parcel into which the land is subdivided;

s. 1 — resort promotion area

resort promotion area means a resort promotion area established under section 2.

s. 2 — Resort promotion areas

s. 2(1)

The minister may by order establish an area of British Columbia within a municipality or a regional district as a resort promotion area.

s. 2(2)

Before the minister makes an order under subsection (1), the minister must be satisfied that

s. 2(2)(a)

one of the following conditions is met:

s. 2(2)(a)(i)

alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation are offered within the area;

s. 2(2)(a)(ii)

a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area;

s. 2(2)(a)(iii)

the area is within a resort region, as defined in the Local Government Act, and

s. 2(2)(b)

the establishment of the resort promotion area has been approved by

s. 2(2)(b)(i)

the council of all the municipalities in which any part of the area is located, and

s. 2(2)(b)(ii)

the board of all the regional districts in which any part of the area is located, if the part is not in a municipality.

s. 3 — Resort associations

s. 3(1)

If the minister establishes a resort promotion area under section 2, the minister may by order specify land within that area as resort land and incorporate an association to carry out the purposes referred to in section 4 (1) within the resort promotion area.

s. 3(2)

Before the minister makes an order under subsection (1), the minister must be satisfied that the owners of land in the area have signed and presented to the minister a petition for the establishment of a resort association.

s. 3(3)

Section 212 [petition for local area service] of the Community Charter applies to a petition under this section as far as reasonably possible and, for these purposes, the minister may make orders in relation to any matters dealt with in that section.

s. 3(4)

The name of an association must include the words "Resort Association".

s. 3(5)

The first bylaws of an association must be

s. 3(5)(a)

approved by the minister and the council of the municipality in which the resort promotion area is located or, in the absence of a municipality, by the board of the regional district in which the resort promotion area is located, and

s. 3(5)(b)

filed with the Registrar of Companies.

s. 3(6)

An association incorporated under subsection (1) comes into existence when the following are filed with the Registrar of Companies:

s. 3(6)(a)

the order under subsection (1);

s. 3(6)(b)

the bylaws referred to in subsection (5);

s. 3(6)(c)

a list of the persons who will be the first directors of the association;

s. 3(6)(d)

a notice of the address of the association.

s. 4 — Purposes and powers of association

s. 4(1)

The purposes of an association are to promote, facilitate and encourage the development, maintenance and operation of a resort promotion area.

s. 4(2)

An association may acquire and dispose of real and personal property.

s. 5 — Membership in association

s. 5(1)

The owners of resort land and persons admitted under subsection (2) or (3) constitute the members of the association.

s. 5(2)

An owner of land within a resort promotion area that is not resort land may, in accordance with the bylaws, become a member of the association and on becoming a member the owner's land is deemed to be resort land.

s. 5(3)

A person may, in accordance with the bylaws of an association, become a member of the association if the person

s. 5(3)(a)

owns or carries on business in the resort promotion area,

s. 5(3)(b)

is an occupier of resort land,

s. 5(3)(c)

is an agent of an owner of resort land, or

s. 5(3)(d)

is a member of any other class of persons identified in the bylaws.

s. 6 — Application of Acts

s. 6(1)

The Business Corporations Act does not apply to an association.

s. 6(2)

The following provisions of the Societies Act apply to an association:

s. 6(2)(a)

section 1 [definitions], except the definitions of "ordinary resolution" and "special resolution";

s. 6(2)(b)

section 3 [no share capital];

s. 6(2)(c)

section 5 [liability of members];

s. 6(2)(d)

section 6 [capacity and powers of society];

s. 6(2)(e)

section 7 [restricted activities and powers];

s. 6(2)(f)

section 9 (6) [seal];

s. 6(2)(g)

section 12 [statement of directors and registered office];

s. 6(2)(h)

section 17 [alterations to bylaws];

s. 6(2)(i)

Part 3 [Registered Office and Records];

s. 6(2)(j)

Division 1 [Investment and Borrowing] of Part 4 [Finance];

s. 6(2)(k)

Part 5 [Management], except

s. 6(2)(k)(i)

section 50 [removal of directors], and

s. 6(2)(k)(ii)

Division 7 [Indemnification of Directors and Senior Managers and Payment of Expenses];

s. 6(2)(l)

Part 6 [Members and General Meetings], except

s. 6(2)(l)(i)

section 67 (1) to (3) [membership],

s. 6(2)(l)(ii)

section 68 [classes of membership],

s. 6(2)(l)(iii)

section 69 [termination of membership],

s. 6(2)(l)(iv)

section 70 [discipline and expulsion of member], and

s. 6(2)(l)(v)

section 84 (2) [right to vote];

s. 6(2)(m)

section 105 [court may remedy irregularities];

s. 6(2)(n)

section 107 [registrar or court may order access or copies];

s. 6(2)(o)

Part 9 [Audit];

s. 6(2)(p)

section 213 [investigation of society];

s. 6(2)(q)

section 228 [general regulation-making authority].

s. 6(3)

The minister may order that specified provisions of the Business Corporations Act and Societies Act apply to an association in addition to those provisions specified in subsection (2).

s. 6(4)

The reporting society provisions, as defined in section 231 [definitions] of the Societies Act, apply to an association.

s. 7 — Bylaws

s. 7(1)

An association may make bylaws that may include provisions for

s. 7(1)(a)

classes of membership,

s. 7(1)(b)

admission of members under section 5 (2) and (3),

s. 7(1)(c)

voting rights of members, and

s. 7(1)(d)

levying of assessments on members.

s. 7(2)

The bylaws may only be added to, amended or repealed in accordance with their provisions and section 17 [alterations to bylaws] of the Societies Act and with the approval of the minister and the council of the municipality in which the resort land is located or, in the absence of a municipality, the board of the regional district in which the resort promotion area is located.

s. 7(3)

The bylaws bind the association and its members to the same extent as if the bylaws 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 observe and perform all the provisions of the bylaws.

s. 8 — Oppressive acts

A member of an association may apply to the Supreme Court for relief if the member considers

s. 8(a)

that the affairs of the association are being conducted or the powers of the association are being exercised in a manner oppressive to the member or to the member and one or more other members, or

s. 8(b)

that an act of the association has been done or is proposed or that a resolution of the members has been passed or is proposed that is unfairly prejudicial to the member or to the member and one or more other members.

s. 9 — Notation on title

s. 9(1)

The resort land is, on the establishment of the resort promotion area, subject to this Act and the bylaws, without special endorsement on the indefeasible title, and the registrar may, and on application of the association must, make the following notation on every indefeasible title of resort land issued on or after the establishment of the resort promotion area:

Paragraph

"This land is subject to the Resort Associations Act and the bylaws of the .............................. Resort Association filed with the Registrar of Companies."

s. 9(2)

An application under subsection (1) must contain a description of the resort land that is sufficient for the registrar to identify it in the records of the land title office and must be in the form prescribed under the Land Title Act.

s. 9(3)

In the event of any delay, omission, mistake or misfeasance by the registrar or the registrar's employees in relation to making a notation under subsection (1), for any loss or damage sustained by any person because of the delay, omission, mistake or misfeasance.

s. 9(3)(a)

the registrar is not liable and neither the government nor the Land Title and Survey Authority of British Columbia is liable vicariously,

s. 9(3)(a.1)

the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and

s. 9(3)(b)

the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act

s. 10 — Levies

s. 10(1)

An assessment levied under the bylaws constitutes a debt.

s. 10(2)

If an owner of resort land defaults in the payment of an assessment levied against the owner under the bylaws, the association may,

s. 10(2)(a)

in respect of the Crown leases and rights of way on the resort land, file with the ministry of the minister responsible for the administration of the Land Act a certificate showing the amount owing, and

s. 10(2)(b)

in respect of other resort land, file in the land title office, in the same manner that a charge is registered, a certificate showing the amount owing and the legal description.

s. 10(3)

If a certificate is filed or registered under subsection (2), it is a charge for the amount owing in favour of the association, in priority to every other lien or charge of whatever kind except those created under the Builders Lien Act and those of the Crown, other than mortgages in favour of the Crown.

s. 10(4)

The association must, on satisfaction of the debt, file with the ministry of the minister responsible for the administration of the Land Act or the registrar, as the case may be, a release in a form acceptable to that ministry or the registrar.

s. 10(5)

An owner or other person claiming an estate or interest in or charge on resort land may apply to the Supreme Court to require the association to show cause why a certificate filed or registered under subsection (2) should not be removed.

s. 10(6)

On an application under subsection (5), the court may make any order the court considers appropriate.

s. 10.1 — Associations and areas continued

s. 10.1(1)

An association incorporated under section 3 of this Act before this section comes into force is continued.

s. 10.1(2)

A mountain resort area established under this Act before this section comes into force is continued as a resort promotion area.

s. 11 — Power to make regulations

The Lieutenant Governor in Council may make regulations as referred to in section 41 of the Interpretation Act.