Establishing Resort Associations
In order to create a Resort Association under the
Associations Act, the following requirements need to
be considered. It is recommended that draft copies of the maps, bylaws
and petition be sent to the Ministry for comment before they are
Support of Resort Property Owners
Resort Associations are supported financially by
charges levied to its members. Therefore, any proponent of a Resort
Association needs to determine the level of support from the property
owners within a proposed Resort Promotion Area for creating a Resort
Association and the services that it will deliver. A petition of
property owners will be required later in the process as evidence of
their support, but initial discussions are important for determine
whether the initiative should be pursued.
Resort Promotion Area and Resort Land Maps
Maps are required to be developed by the Resort Association proponent
to define the Resort Promotion Area and the Resort Association Area.
These areas could share the same boundary. The Resort Promotion Area
includes properties that are likely to be part of the resort development
in the future. The Resort Land includes properties where the owners will
have the ability to decide whether to support a Resort Association and
will pay the charges levied to support the Resort promotion services if
the Resort Association is created.
The boundary of the areas must follow legal lot
lines and therefore, cannot bisect a parcel of land. The maps should be
in sufficient detail that they identify each individual parcel of land
within the boundary and their legal description. This will be useful for
creating the petitions that will be signed by each property owner who
supports the creation of the Resort Association as the legal
descriptions of the parcels of land must be included on the petition.
Referencing the petitions to the legal descriptions on the maps will
assist the Ministry to confirm that sufficient petitions were signed by
property owners in support of the Resort Association.
Resort Association Bylaws
The Resort Association proponent is required to develop the bylaws
that will be adopted by the Resort Association (sample bylaws are
available from the Ministry). The Bylaws need to reflect the goals,
scope and complexity of the Resort Association. The Bylaws will be
reviewed by the Ministry to determine whether the provisions appear to
be reasonable and fair to the property owners who will be affected by
the bylaw provisions.
Petition to the Minister
The Resort Association proponent needs to create a petition that will
be used to obtain the support of property owners for the initiative (a
sample petition is available from the Ministry).
The petition must:
Preliminary Ministry Approval
Ministry staff are available to assist the Resort Association
proponent to complete the above documents. Once they have been drafted
and submitted to the Ministry, a review will be undertaken of the
documents to ensure that they meet the legislated requirements and
Ministry policies. This review will reduce or eliminate problems that
might delay the approval process. It may be helpful if to the Resort
Association proponent to use the
Checklist to Create a Resort Association when putting together the
package of documents that need to be submitted to the Ministry for
Petition of Property Owners
Once preliminary approval has been given by the Ministry, the Resort
Association proponent must petition the property owners within the
boundary established for the resort land to determine whether they
support the initiative. The petition must be signed by at least 50% of
the property owners who represent at least 50% of the net taxable
assessed value of the lands within the Resort Area. The information that
must be included on the petition is listed in Section 212 of the
Local Government Approvals
The Resort Association Bylaws, Resort Land map and Resort Promotion
Area map must be submitted to the Local Government(s) where the Resort
Land is located. The support of the Local Government(s) is necessary in
order for the Resort Association proposal to proceed. Evidence of
support from the Local Government(s) should be in the form of a
resolution passed by the municipal council and/or Regional District
The Resort Association proponent must submit the completed property owner petitions, maps, bylaws and council and/or board resolution(s) to the Ministry for review. The Checklist to Create a Resort Association may be useful for the Resort Association proponent to ensure that all necessary information is included. If the documents appear to be in order, they will be forwarded to the Minister for consideration. Before creating the Resort Association, the Minister must be satisfied that:
Orders signed by the Minister establish the Resort
Promotion Area, Resort Land and Resort Association. In addition, the
Minister’s approval is required for the Resort Association Bylaws.
Copies of the Ministers Orders and approved bylaws will be forwarded to
the Resort Association proponent.
Establishment of the Resort Association
Following the approval of the Minister, the Resort Association proponent must submit a copy of the property owner petitions, approved Bylaws, Resort Association address(es) and a list of Resort Association directors to the Registrar of Companies in order to create the Resort Association as a Society. The Registrar will register the Association as a Society and provide this evidence to the Resort Association proponent and the Ministry.
For more information, please contact the Community Relations Branch