Internal

Regulations

Otter Point Recreational Co-operative Association (OPRCA)

Version 14

December 10, 2020

Introduction (Section 1)

General

The ‘Internal Regulations’ of the OPRAC include regulations pertaining to zoning, Capital Regional District (CRD) bylaws and/or restrictions, park use, and general regulations regarding the use of individual lots and common property.

Members and Directors develop the Association’s ‘Internal Regulations’. Updates and revisions are usually presented to members at an annual general meeting and are voted on by ordinary resolution.

However, the Directors have the power to amend the ‘Internal Regulations’, if required, without presenting those amendments to the membership for a vote.

Definitions (Section 2)

Intermittent Rural Residential 4 Zone (RR-4):

‘Schedule “A” of Capital Regional District Bylaw No. 2040 Juan de Fuca Land Use Bylaw’ dictates the status and permitted use of the property as ‘RR-4’.

Intermittent:

‘In terms of accommodation or residency, means a total period not to exceed six months of the calendar year’ (CRD Bylaw 2040, Section 2 ‘Definitions’).

As such, sites cannot be used as a permanent residence.

Plans

In relation to any site alteration, shed replacement and/or request to bring a new RV onto a site, ‘plans’ containing the following must be submitted in writing to the Property Manager:

Date, lot number, member(s) name(s)/phone number/email.
A ‘scale’ drawing of the lot including measurements of all current/planned items – lot length/width, RV length/width (including slide outs), placement of shed (and measurements), location of sundeck/patio (if applicable, location of water/electric/septic tank access and all setbacks from lot lines.
A note of the planned colour of the item(s).

Approved plans are valid for a period not to exceed 90 days.

Recreational Vehicle (RV):

Recreational vehicle means any vehicle, trailer or combination of vehicle and accessories used or designed to be used primarily for accommodation during travel or recreation; does not include mobile homes.’ (CRD Bylaw 3705)

Travel Trailer:

Means a recreational vehicle designed to be towed behind a vehicle and meeting CSA standards. (CRD Bylaw 2040, Section 2 ‘Definitions’).

Vehicle:

Means a device in, or by which a person or thing is or may be transported or drawn upon a highway except a device designed to be moved by human power or used exclusively on stationary rails or tracks. (CRD Bylaw 2040, Section 2 ‘Definitions’)

NOTE:

With the above definitions in mind, the following types of RV units are allowed:

Motorized RVs

Class A Motor Home
Class B Camper Van
Class C Motor Home

Towable RV’s (Not to require a special highway movement permit)

travel trailer
Fifth – wheel trailer
Truck Camper

Park Models

Park Model Trailer 102: a unit designed to be towed by a heavy duty tow vehicle (auto, van, pick-up truck, etc.) but is of restricted size and weight so that it does not require a special highway movement permit. The maximum width when being towed is 2.6 meters (102 inches). Designed for infrequent towing, it is not fitted with a 12 volt system for fixtures and appliances. Once on site in the set-up mode it must be connected to the local utilities. This recreational vehicle is built on a single chassis mounted on wheels. It usually has one or more slide-outs, but when in set-up mode the gross trailer area does not exceed 37.2 square meters (400 sq. ft.). It conforms to the CSA Z-240 Standard RV.

The following definition has been supplied by the ‘Canadian Recreational Vehicle Association’ and very closely aligns with the definitions in CRD bylaw 2040 above:

‘Recreational vehicle means a structure designed to provide temporary accommodation for travel, vacation or recreational use, and to be driven, towed, transported. Living accommodation may include sleeping, kitchen, bathroom, systems for fresh water and wastewater, 110/12v electricity, propane, heating, conditioning and entertainment. It has an overall length not exceeding 12.5m (41 ft.)* and an overall width not exceeding 2.6m (8’6”) where the width sum of the distance from the vehicle centerline to the outermost projections on the side (including door handles, water connection, etc.) when the vehicle is folded and stowed away for transit. Such structures include travel trailers, fifth wheels, trailers, slide-in truck campers and motor homes.’

* For a fifth wheel travel trailer this measurement shall be 11.3m (37 ft.) from the extremity to the front of the main body measured at the floor line.

NOTE:

The OPRCA requires that:

ANY vehicles used for sleeping purposes MUST INCLUDE:
Sleeping and kitchen facilities.

Non-Compliance (Section 3)

All members, guests, visitors and renters must abide by the ‘Rules’ and ‘Internal Regulations’ of the Otter Point Co-operative Association. It is the responsibility of member(s) or their representatives) to ensure compliance.

Guests and visitors are subject to immediate eviction by two Directors for infractions of any of the ‘Rules’ or ‘Internal Regulations’ of the Association.

The Board has the right to deny the rental of a lot when it has been demonstrated that a renter and/or a member have not complied with the ‘Rules’ / ‘Internal Regulations’ in the past.

When a member(s) or their guests, visitors or renters do not comply with a rule and/or internal regulation, the member will be given written notice of the violation (except in urgent situations where the notice may be given in person or via telephone when immediate action is required).

All members or their representatives receiving notice shall be notified of a hearing before the Board concerning the violation and shall be given the opportunity to appear and speak on their own behalf. Should the Board find that the member is in violation or non-compliance of a rule and/or regulation, the member must, within the time specified by the Board, take such action as to comply with the rule and/or regulation.

The Directors may, at their absolute discretion, also take such steps as to remedy any non- compliance of the ‘Rules’ or ‘Internal Regulations’. Any such steps may include but are not limited to the demolition of any premises or structures on a site that may be hazardous to any member or visitor. The cost, to the member(s) for any such actions will be in addition to the amount of any penalty imposed for the non-compliance.

NOTE: Fines will be assessed at the Board's discretion for non-compliance of any sections of the 'Internal Regulations'.

Any penalties or costs assessed, if not paid pursuant to the terms of these ‘Internal Regulations’, will be added to the annual assessment of the member(s). The shares of the member cannot be sold until such time as the full amount of any penalty, interest and costs are paid to the Association. While a member is in breach of any or internal regulation or has not satisfied any penalty or assessment, including interest, they will not have any right to vote at any general meeting and will not be entitled to sit as a Director of the Association or hold a position on any committee.

Accommodation and Residential Limitations (Section 4)

The Otter Point Recreational Co-operative Association is designated by the Capital Regional District (CRD) as follows:

CRD Zoning Bylaw 2040

The pertinent parts of the bylaw are as follows:

8:00 INTERMITTENT RURAL RESIDENTIAL 4 ZONE – RR-4

8:01 Permitted uses:

Camp sites used for intermittent accommodation in Recreational Vehicles.

Height:
1. Maximum height shall be 3 m; except that the one-family dwelling may be 9 m.

With regard to the CRD’s definition of ‘Intermittent’ (See ‘Definitions’ (Section 2)’)

The word ‘accommodation’ refers to a recreational vehicle.
The word ‘residency’ refers to a person.

Therefore:

No lot can be occupied for more than six months (182 days) in a calendar year,
No person can spend more than six months (182 days) in the park in a calendar year,

NOTE: Members should address the Directors with any and all concerns regarding CRD bylaws. Communication with CRD officials will be conducted by the President and/or any other Director(s) appointed by the board. Members are discouraged from taking individual concerns directly to the CRD.

Construction (Section 5)

With regard to construction (as per the CRD final letter ‘Appendix A’):

‘No further construction can occur on the existing property that would further contravene the CRD Zoning and Building Bylaw regulations.’
‘Building permits would not be accepted.’
‘The CRD will not enforce to obtain bylaw conformance, unless a health and safety issue should arise, however this is predicated on the Association member undertaking only repairs that do not involve the structural alterations, and not undertaking new construction.’

For additional information regarding the CRD requirements, see ‘Section 26’ ‘Appendix A’.

Approvals

Members wishing to bring in a new RV, replace a shed, replace/repair/install stairs/landings or roofs, replace/install a fence or remove/plant trees, shrubs or hedges must first send ‘plans’ and a written request for approval to the Property Manager.
All requests for approval must be submitted to the Property Manager who will forward it on to the Directors for approval.
All requests must include ‘scale’ drawings of the member(s)’s site along with all measurements and placements of all objects on the lot (see ‘Plans’ in ‘Definitions’ (Section 2’).
Approvals for changes to RV’s, sheds, fences, trees, etc. will remain approved for 90 days from the date of approval and will expire after that date.
Changes not made prior to the expiry date on the original document will require a new written request for approval.
Please note: As not all Directors are in the Victoria area, it may take time to approve plans. A minimum of one week’s time is needed for approvals.

In the case of repairs, the following applies:

Free-Standing Sundecks/Sunrooms and Porches

The construction of a free standing sundeck/sunroom where one does not currently exist is not permitted.
Decks and patio enclosures (ground level) must abut the RV and cannot be attached directly to the RV.
Repairs must not increase any dimensions of the existing structure(s).
When the recreational vehicle is off-site, freestanding sundecks and porches must be enclosed with plywood to the satisfaction of the Directors. This is permitted for a period of 30 days only.

Stairs and Landings (from RV doors)

Landings from an RV doorway cannot be larger than 16 square feet in size (the landing does not include stairs).

Patios and Awnings

The construction of a patio (with paver stones) is allowed.
Awnings must be manufactured RV awnings and must be attached to the RV.
Materials are to be in neutral colors only (any other color must be approved by the Directors).

Storage Sheds

Plans to replace an existing shed with a new ‘prefab’ or hand built shed must be submitted to the Property Manager in writing (see ‘Plans’ in ‘Definitions (Section 2)’.
Sheds cannot be larger than 80 square feet in size.
The maximum wall height is 6 feet 6 inches and the highest point of the roof cannot be more than another foot and a half (to a total maximum of 8 feet high from the ground level).
The color of all sheds must be in earth tones or the same basic shade of the recreational vehicle.
No plumbing is allowed in sheds.
All new and/or relocated sheds (including fascia boards and drip edge) must be at least one foot from property lines and three feet from the paved roadway.

Additional Recreational Vehicle Roofs

The construction of a new roof on an RV is not permitted.

Free Standing Canopies

Any free standing canopy (pop up), umbrella or patio cover must be removed or dismantled when a member or renter is not in residence (staying overnight) at the RV. Wind conditions at Otter Point are such that property and persons in the park could become damaged or injured if covers should become airborne.

Site Pads

Sidewalk blocks or patio blocks may be used on site pads.
Concrete or cement pads are not to be poured anywhere on a member’s site.

Fences

Fences must first be approved by the Directors.
No fences are to be constructed by a member on common property.
The fence on any back and side lot line may not exceed 4 feet in height.
Any non-perimeter fences placed on a lot must be free standing and cannot be anchored with underground cement.
Back and side lot line fences may be constructed of horizontal boards or of manufactured prefabricated panels (3 feet of board and 1 foot of lattice) or can be manufactured chain link (maximum 4 feet high).
Side lot fences cannot be within ten feet of the roadway.
Any unsightly or poorly maintained fences must be repaired and painted or removed from the property.
Interior common property fences (i.e. walkways) cannot be higher than 4 feet.

Trees, Shrubs and Hedges

A written request to plant or remove any trees, shrubs or hedges must be submitted to the Property Manager for approval by the Directors.

Location and Size of Recreational Vehicles (Section 6)

See “Definitions (Section 2)” for specific rules about recreational vehicle size, etc. allowed in the Co-op.
Trailer tongues must not extend onto common property.
Individual site length will determine the length of the RV allowed but in no case can it (not including tongues) be closer than 10 feet (3.048 meters) to the blacktop roadway.
No recreational vehicle can be located closer than 1 foot (30.38 centimeters) from any common property or an adjacent property line (side or back).
RV’s must be placed parallel to side lot lines.
For fire safety, views and privacy reasons, RV’s may not be placed on the side of a member lot so as to be directly beside a neighbouring RV.
RV’s may not be blocked up higher than the distance required to allow for the rotation or removal of the wheels.

Non-Conforming Sites (Section 7)

Members with non-conforming sites will be advised in writing of any violations.
When the shares with respect to a non-conforming site are sold or transferred to a new member, all construction or other violation(s) on the site must be corrected prior to or immediately after the sale of the site (including the site and any recreational vehicle, boat and/or shed upon it at the time of sale).
The Directors and the Association’s lawyer will be advised so issues may be addressed when shares are sold.
Any alteration to a member site must be pre-approved by the Directors. See ‘Construction (Section 5)’.

Designated Members (Section 8)

Shareholders of corporate memberships shall nominate, in writing to the Property Manager, one of their members as the “designated member”. The designated member must be a shareholder of the corporate membership.

The designated member may use the site in the same manner as any other member. All shareholders of corporate memberships not part of the designated member’s family shall be considered guests or renters. The designated member may be amended on three months’ written notice to the Property Manager.

Complaints (Section 9)

All complaints must be submitted in writing to the Property Manager. The complaint must include the complainant’s name, site number and date. Any complaints that do not contain these will not be addressed.

Complaints will be addressed by the Directors at their earliest convenience and will be dealt with in confidence.

All resolutions will be conveyed to the initiating member as soon as possible.

Motor Vehicles (Section 10)

Parking and Storage

Two vehicles (car, truck, etc.) or one vehicle and a boat (or golf cart) may be parked on a site, provided there is sufficient space.
Freestanding vehicle canopies are not allowed.
Golf carts must be parked/stored on a member’s lot.
Parking on another member’s site is not permitted unless permission has been obtained from the owner of the site.
While members are in residence in the park, additional vehicles may be parked in the members’ parking lot. Vehicles cannot be stored in this area.
Parking is not allowed on any common property or roadway.
Written application and approval must be received from the Directors before a second recreational vehicle can be stored on a site.
Campers used as transportation while the member is using the site are allowed.
No off road parking is allowed.
Any vehicles parked in the front parking lot must belong to someone visiting the park and the owner of the vehicle must sign in to the book located in the ‘Sign In’ box at the visitors’ parking lot gate.

License, Registration and Insurance

All vehicles moving within the park (including boat trailers) must be properly licensed, registered and operated as required by the ‘Motor Vehicle Act’ of the Province of British Columbia.
The licensing of golf carts is not required. They are only permitted to operate on the roadways and the owner(s)’s lot and not on any other common property.
All members with RV’s, sheds, vehicles, golf carts, boats and boat trailers on their sites or anywhere in the park, must ensure that a minimum of $1,000,000 valid public liability insurance is carried.
All members, guests or visitors driving vehicles must be licensed to drive those vehicles (including golf carts).
Proof of insurance must be provided upon request to the Directors.
The above noted insurance stipulation also applies to any visitors using a member(s)’s lot. It is the members’ responsibility to ensure visitors have the above noted insurance.

Sleeping Accommodations (Section 11)

Additional sleeping accommodations (i.e. storage sheds or campers used as transportation) may be used only when members, visitors or renters are present and are occupying the main recreational vehicle.
Boats, tents, cars, trucks, non camperized vans and patios/sundecks are not to be used as sleeping accommodations.
Overnight sleeping in any type of vehicle in the front parking lot is not allowed.

Speed Limit (Section 12)

The speed limit throughout the park is 15 km/h. This applies to vehicles, bicycles, golf carts, etc.
Racing - (including bicycles, roller blades, skate-boards, etc. is not permitted anywhere in the park.

Boats (Section 13)

Size and Storage

One boat per site is allowed.

o One other small boat (canoe, etc.) may be kept on a member’s lot.

All boats and boat trailers must be properly licensed and registered and must include a minimum of $1,000,000 public liability insurance.
Boats in the park are limited to 21 feet (6.40 meters) in length.

Transport Canada boat measurement guidelines are as follows:

‘Length overall is measured from the tip of the bow in a straight line to the stern of the pleasure craft, including any rear deck extensions (platforms). Bow sprits; rudders; outboard motors and motor brackets; handles; and other fittings and attachments are not included in the measurement.’

All new boats coming into the park must be measured by two Directors (measurements on boat registration plates or other documents are not accepted).
Per motion passed at the 2010 AGM: Oversize boats may be parked short term on a member(s)’s lot with preapproval from the Board written letter of permission.
Freestanding boat canopies are not allowed.
Boats may be covered by secured tarps for protection.
No boat may be parked or stored anywhere but on the member’s site.

Boat Launch

The wharf, launch ramp, float and fish-cleaning station are available for use from around the May long weekend until around the Thanksgiving Day long weekend. The launching and removal of these items is at the discretion of the Directors.
Boats can be tied up at the launch for a maximum of 20 minutes.
The parking of boats and/or vehicles on the launch ramp or driveway/turn-around area is prohibited at all times.

Department Of Fisheries and Oceans (DFO) Regulations and Restrictions (Section 14)

Members, guests and renters are expected to abide by all DFO regulations and restrictions. Specifically:

Canning
Fish limits
Freezing
Operator’s certificate - Power boating course
Licenses
Closures – When available area closures will be posted on the bulletin board

Common Property (Section 15)

Access

Access to common property is not to be restricted in any way.
All members, guests and renters are entitled to use the common property.

Kites

Because unpredictable winds may cause kites to injure and/or damage RV’s, vehicles and boats, they are not to be flown within the park or on the waterfront.’.

Tent

The tent is put up on or about the May long weekend and is taken down around mid-September, at the discretion of the Directors.
The tent is for the use of all members, visitors and renters.
The tent can be booked for special events and a note of the booking must be made on the calendar (posted on the notice board by the washrooms).

Soliciting (Section 16)

No business or solicitation of orders for products and services is permitted in any manner whatsoever anywhere on the property.
The use of ANY electronic means (i.e. Airbnb, VRBO, etc.) or external agent to ‘advertise’ a lot/RV in the park for rent or act on behalf of the member is strictly prohibited.
No real estate signs are to be posted on the common property with the one exception of 8 inch X 16 inch real estate for sale signs which may only be hung from the brackets at the park entrance sign. Real estate signs must display the lot # of the property for sale and the pertinent contact information.
A request to advertise a site for sale on the Association’s website can be made through the ‘Contact’ page on the site or via an email to: oprca123@gmail.com.

Rentals (Section 17)

For the purposes of this Section 17, “rental” means any stay in or on a lot or lot/RV by a person who is not a member of OPRCA.

OPRCA is a private recreational cooperative. All rentals of lots or lots/RV’s in the park are limited to friends and family of members only. Rentals to anyone not known to the member are NOT permitted.

RENTAL AGREEMENTS (Visitor Information Forms – VIF’s):

Are limited to a maximum of 30 days to an individual(s) at any given time,
May only be extended beyond 30 days with signed approval of at least two Directors.
Dates specified are considered inclusive from the start date to the end date (unless individual days within the rental period are clearly specified at the time the VIF is submitted).
The specified dates on the VIF will be applied to the six-month maximum (182 days) in a calendar year.

Any cancellations or amendments to the VIF must be emailed to: 7899otter@gmail.com and to CPM at: johnm@cornerstoneproperties.bc.ca.
If you are unable to email the VIF, it can be completed (in full) and left in the mailbox at the Caretaker’s residence.

General Rental Information:

- Members are responsible for renting their site and/or recreational vehicle and for collecting any fees charged.
- Members are responsible for the renters’ understanding and obeying all ‘Rules’ and ‘Internal Regulations’ of the Association.
- The use of ANY electronic means (i.e. Airbnb, VRBO, etc.) or external agent to ‘advertise’ a lot/RV in the park for rent or act on behalf of the member is strictly prohibited.
- Members are not allowed to rent or lease their site for a cumulative period of greater than six months in any calendar year (see ‘Definitions’ and ‘(Section 4)’.
- A person who used a site for six months of the year cannot then move to another site.
- A ‘Visitor Information Form’ must be completed by the member(s) and submitted to 7899otter@gmail.com and CPM at: johnm@cornerstoneproperties.bc.ca prior to persons occupying a lot.
- Members’ families are included in this requirement when the member is not going to be in residence.
- The noted insurance stipulation in ‘Motor Vehicles’ (Section 10)’ also applies to any persons renting a lot from a member. It is the member(s)’ responsibility to ensure that renters have the above noted insurance in place.
- Directors may deny the rental of a lot in circumstances where the proposed rental contravenes the ‘Internal Regulations’ and/or the member/renter has demonstrated non-compliance in the past.
All complaints regarding rental units must be provided, in writing (including the date, complainant’s name and lot number) and emailed to: 7899otter@gmail.com and to CPM at: johnm@cornerstoneproperties.bc.ca.

Site and Property Maintenance (Section 18)

Maintenance

Each member is required to assist in the maintenance of the natural environment of the property.
No clotheslines are permitted on the site (a small clothes-horse is permitted for use on a sundeck or patio).
Members are responsible for the maintenance of their site and any improvements.
Any items that are broken or not in service (i.e. antennas, engine parts, construction material, etc.) should be taken down and removed from the park.
If a member is unable to handle the maintenance and/or improvements of their site, a written request may be made to the Property Manager for assistance.
Any member who allows their site or improvements to become unkempt will be advised, in writing, by the Directors.
Any maintenance required (and not undertaken by the member as requested by the Directors) will be carried out by the Association and all costs of such maintenance must be paid promptly by the member.
Following a written notice specifying a time interval and date, any member who has not undertaken the cleanup of his/her site will be assessed a fine of $100 plus charges of $25/hour (plus related expenses) for time required to accomplish the task.

Garbage:

Members must remove from the park all garbage and waste for which they are responsible.
Garbage is to be sealed in garbage bags before depositing it in the garbage bin.
Construction or building scraps, cardboard or carpeting must be removed from the Association’s property. These are not to be deposited in the garbage or recycling bins.

NOTE: There is a public dump site in Sooke.

Garbage bins and blue boxes are for member(s)’, visitors’ and renters’ use only.
There are separate dumpsters for garbage, recycling, cardboard and food scraps and it is imperative that members/guests separate all garbage for recycling and composting as noted on the bins.
- The park will be fined if this is not done correctly.
No outside garbage is to be deposited in the garbage bins or blue boxes.
The dumping of any substance, material or garbage on the beach or on common property is forbidden.

Fires And Fire Materials (Section 19)

Fire Closures

Beach fire closures will be determined by the Otter Point Fire Department or the Royal Canadian Mounted Police (RCMP).
Any known fire closures will be posted by the Directors on the bulletin-board at the washrooms.

Beach Fires

Care and consideration should be shown to members whose sites are located on beach frontage.
Beach fires must be confined within the fire rings provided.
Children must be under adult supervision at all times.
Fires must be fully extinguished prior to leaving them.
Permits for larger fires may be obtained from the Otter Point Fire Department (the Directors must be notified of this request).
Members are responsible for supplying their own firewood and removing any excess wood after a fire is extinguished.
No personal firewood is to be stored on the beach.

General Fire Safety

No fire-causing or fire-feeding materials (such as barbecue coals, cigarette butts, used matches, newspapers, cardboard boxes or paper bags, etc.) may be stored or discarded on the property.
Store fuel on the property only in quantities necessary for ordinary camping and/or boating activities and always under conditions that minimize the risk of fire.
All propane tanks and bottles must be secured in accordance with the ‘BC Safety Authority’.
Keep water available for fire suppression whenever a fire or barbeque is lit.

Smoking

Smoking is not permitted in any of the Association’s buildings or structures.
No smoking materials may be deposited anywhere on common property or on other members’ sites.

Pets (Section 20)

Pets are permitted in the park.
Pets are not permitted to enter any other member’s site unless invited.
All fecal deposits must be cleaned up immediately by the person responsible for the pet.
Pets must not be permitted to become a nuisance to other members, visitors or renters.
Pets must be leashed at all times.
Barking dogs will not be allowed to stay in the park.

Noise (Section 21)

No radios, recorders, televisions, parties or other sources of noise shall be audible on neighboring sites after 10:00 p.m. or before 8:00 a.m.
Boat motors must not be test started or flushed between 10:00 p.m. and 8:00 a.m.
Vehicle back-up alarms must be deactivated between 10:00 p.m. and 8:00a.m.
Noise must be kept at reasonable levels at all times so as not to disturb other members, guests and renters.

Utilities (Section 22)

Water

Potable water is supplied to each site.
Any changes or extensions of water outlets must be submitted in writing to the Property Manager for approval by the Directors.

Sewer

General maintenance of the sewer and septic tank system is the responsibility of the Association.
However, clogged lines occurring in the sewer line from a member’s site and clearly attributable to that site will be the responsibility of the owner of that site.
Washing machines are not allowed in recreational vehicles or in storage sheds.
Sewer lines not in use must be properly capped at all times.
Sewer hoses must be in good condition at all times (an appropriate elbow adapter connector must be used).

Telephone

There is a telephone located in the library to use for emergencies and local calls only.
The Caretaker’s phone can be used in the event of emergencies only.
Both numbers can be found in ’Contact Information (Section 25)’ below.

Laundry

On site laundry facilities are provided for members, visitors and guests.
Each lot contributes (annually) to the laundry facilities.
No laundry from outside the park may be brought in for washing.
A signup sheet in the laundry room must be used to reserve the machines.

Electricity

Electrical power plugs for each site are 30 amps, 110/120 volts.
Any changes or extensions of these outlets must be submitted in writing to the Property Manager for approval by the Directors.
Care should be taken not to overload electrical circuits, as doing so will ‘trip’ the breakers in the electrical sheds.
There are four electrical sheds on the property. Members should identify which shed their own breaker is in.

Electrical Gate Openers and Keys

Members should ensure they obtain gate openers and keys from previous owners.
Members must ensure all keys and gate openers are returned to them by renters and guests.
Members may purchase gate openers/keys from the Caretaker.

Financial (Section 23)

Assessments and Calls

All insurance costs, cost of maintenance and improvement of the property and all other expenses of the Association shall be met and paid for by calls or assessments. All 108 sites share these costs.
Property taxes are assessed according to the number of shares assigned to each site.
Annual member assessments are prepared and provided to members prior to each annual general meeting and are due and payable by June 30 each year.
A $100 penalty will be assessed to shareholders for late payment of annual assessments. Compound interest of 2% will be charged on unpaid assessments including the late fee.
The Association assesses a $200 administration fee to cover any expenses incurred when shares for lots are transferred.

Remuneration of Directors

The Directors of the Association are not paid any remuneration. Directors are reimbursed for out of pocket expenses as follows:

When attending meetings or performing other duties related to the Association, Directors will be compensated for incurred and verified mileage at the current British Columbia government rate.
Where ferry travel is required, the cost of the fare will be reimbursed at the current BC Ferry rate on the date the expense was incurred.
Receipts are required for all reimbursement expenses (excluding gas as mileage is paid instead).

Rules and Regulations Access

‘Rules’ and ‘Internal Regulations’ can be viewed/printed from the Association’s web site.
Electronic copies can be requested via email at: 7899otter@gmail.com.
Printed copies can be provided to members at a charge of $0.25 per page, plus postage.

For The Good of the Park (Section 24)

All members are expected to participate in keeping the park a clean, well maintained and enjoyable place.
Volunteering for work parties, committees, Board positions, etc. is a part of belonging to a cooperative association and all contributions to the good of the park are appreciated.
Every member, visitor and renter must be considerate and courteous to all other members, guests and renters.
The use of member sites as a short cut to another area of the park is not permitted (unless prior permission from that member has been obtained). This includes empty lots in the park.
Marked pathways must be used at all times.
No vehicles can be parked either partially or fully on the common roadways.
Members are not to contact the Caretaker directly with general complaints or requests for work to be completed within the park. These requests must be made in writing to the Property Manager and must include the member’s name/site number and date or no action will be taken.
No member or visitor is permitted to deface or otherwise damage or litter around any of the buildings or common areas of the park.
Members will be held responsible for any damage caused by themselves, their guests or renters.
Member sites are not to be used for general storage.
Important Reminders:
- The speed limit in the park is 15 km/h at all times for any type of moving vehicle (car, truck, bicycle, golf cart, etc.).
- Please ensure trailers, etc. are properly locked before leaving the park.
- The internet connection in the park is NEVER to be used to download any copyrighted content. This is a very serious matter that puts the park in a potential legal situation. Anyone caught doing this may face severe penalties.

Contact Information (Section 25)

Park address and contact information is as follows:

Physical address: 7899 West Coast Road
Mailing address: c/o - Property Manager, Cornerstone Properties Ltd. - 301 – 1001 Cloverdale Avenue Victoria BC V8X 4C9
Property Manager Phone: 250 475 2005. After office hours please follow the prompts.
Park web site: http://www.otterpointcoop.com/
- Email to advertise a lot for sale: oprca123@gmail.com
Cornerstone Properties Ltd. site: https://www.cornerstoneproperties.bc.ca/login
- A log in is required to access park’s portion of this site.
General email inquiry: 7899otter@gmail.com
Emergency only: Park phone (in library): 778 352 2166 (no long distance calls)

Angie (Caretaker): 250 642 4855

Appendixes (Section 26)

Appendix A – CRD – Land Use Decision(s)

For a number of years, Director worked with the Capital Regional District (CRD) to rectify issues with regard to how zoning (Section 2) and the current CRD Bylaw 2040 (Section 4) govern what, if any, type of construction can be undertaken in the park.

In the past, sundecks, patios, porches, roofs and sheds were constructed by members based on their understanding of the rules in place at the time. Most construction took place with approval from the Directors and/or the CRD (including the acquisition of some building permits).

In 2011 the CRD determined the park was ‘non-conforming’ due to the numerous roofs, decks and enclosed decks/sunrooms on the property (as well as the number of sites). They put forward a motion to register a ‘notice on the land title’ to this effect. The park presented evidence that a ‘Section 219 Covenant’ (confirmation of the original approval for the use of the property) was registered on the land so no notice was placed on the title.

The CRD prepared a ‘baseline’ document of the park from which they could determine whether any further violations took place and the park was notified that no further construction could take place. They indicated that only repairs to existing structures not involving structural alterations could be done (at the risk of the owner).

Because a subsequent violation occurred, the CRD notified the park it was ‘flagged’, that periodic inspection of the property would take place and legal action would commence if any construction was done.

See final CRD final decision letter – ‘Appendix A’ on next page.

CRD – Final Decision Letter:

Rules

Otter Point Recreational Co-operative Association

Extractions of the Applicable Sections of the

“Cooperative Association Act” and “Cooperative

Association Regulation”

V10 Revised August 23, 2020

Table of Contents

Definitions (Section 1)

Membership (Section 2)

Withdrawal or Termination of Membership (Sections 3 – 4)

Transfer of Shares (Section 5)

Death or Bankruptcy (Section 6)

Shares (Sections 7 – 11)

Lien (Section 12)

Forfeiture Of Shares (Sections 13 – 15)

General Meetings (Sections 16 – 25)

Voting (Sections 26 – 33)

Directors (Sections 34 – 46)

Directors’ Power To Make Regulations (Section 47)

Financial (Section 48)

Assessments and Calls (Sections 49 to 54)
Indemnity (Section 55)
Disputes (Section 56)
Service documents FROM and TO the Association Notices (Sections 57 – 58)
The Seal (Section 59)
Alteration of Rules (Section 60)
Special Vs. Ordinary Resolutions (Appendix 1)
Cross-reference OP rules with provincial acts & regulations (Appendix 2)

Introduction

This document is an extraction of the applicable sections of the “Cooperative

Association Act” (the Act, assented to July 15, 1999) and the “Cooperative Association

Regulation” (the Regulations, deposited December 8, 2000, effective January 31, 2001)

as they relate to the Otter Point Cooperative Association (the Association).

See the Act at: http://www.qp.gov.bc.ca/statreg/stat/C/99028_01.htm and the

Regulations at http://www.qp.gov.bc.ca/statreg/reg/C/CoopAssn/391_2000.htm).

Copies of each can also be purchased from Crown Publications Inc. , 521 Fort Street,

Victoria, BC V8W 1E7. Telephone: (250) 386-4636. Copies of Acts and Regulations

can also be viewed at public libraries.

The information in this document is based on the current Cooperative Association Act

and the Cooperative Association Regulation. Acts and Regulations are subject to

change.

In these rules, unless the context otherwise requires, the words importing the singular

include the plural and vice versa and words importing the masculine gender include

females and words importing persons include corporations.

Please note: Any amendments to the Association’s memorandum or rules must be

authorized by special resolution.

A special resolution for a purpose referred to in the act does not take effect until a

certified copy of it has been filed with and registered by the registrar.

Definitions

(Section 1)

Act

Means the Cooperative Association Act of British Columbia from time to time

in force and all amendments to it.

Board or ‘the directors’

The directors of the Association for the time being.

Call

Includes an installment and any other sum paid or payable or agreed to be paid for a membership share.

Joint Member

Means a person who is one of 2 or more persons who jointly hold one membership in the Association.

Member

Means a member of the Association and includes a Joint Member.

Officer

In relation to an Association, includes

a) the chair of the board of directors, every vice chair of the board of directors,

the president, every vice president, the secretary, every assistant secretary,

the treasurer and every assistant treasurer,

b) the general manager and every other individual designated, according to

functions performed for the Association, as an officer by the rules or by

resolution of the directors, and

c) every other individual who performs functions for the Association similar to

those performed by the officers described in a) and b) of this definition.

Quorum of the board

A quorum of the board is a majority of the total number of directors authorized

by the Association.

Ordinary Resolution

A resolution of the members of an Association that is

a) submitted to all the members who are entitled to vote on the resolution and

passed by being consented to in writing by ¾ (75%) of those members, or

b) passed, after the required notice of meeting under this Act, in a general

meeting by a simple majority (50% +) of the total votes cast by the members

who are entitled to vote on the resolution, including votes cast in person

and, if permitted by this Act and the Association’s rules votes cast by proxy.

Special Resolution

A resolution of the members of an Association

a) that is submitted to all the members who are entitled to vote on the

resolution and passed by being consented to in writing by all of them

(100%), or

b) that is

i) passed, after the required notice of the meeting under this Act, in a

general meeting by a majority that the Association’s rules specify is

required, of the total votes cast by the members who are entitled to

vote on the resolution, including votes cast in person and, if

permitted by this Act and the Association’s rules, votes cast by

proxy if the specified majority is at least 2/3 (66.66%), but not more

than ¾ (75%) of those votes or, if the Association’s rules do not

specify the required majority,

a. at least 2/3 (66.66%) of those votes, in the case of an

Association other than a housing cooperative, or

b. at least ¾ (75%) of those votes, in the case of a housing

cooperative

Membership

(Section 2)

2. Membership in the Association is open in a non-discriminatory manner to

individuals and eligible organizations that can use the services of the

Association and are willing and able to accept the responsibilities of

membership.

a) To be eligible for membership in the Association, an individual must be at

least 19 years of age.

b) The directors, or a person authorized by the directors to approve

applications for membership, may approve or refuse an application for

membership and may postpone consideration of an application for

membership.

c) An individual or eligible organization that wishes to become a member must

submit to the Association a written application for membership in the form

provided by the Association for that purpose and payment for the minimum

number of membership shares required (as noted below) for membership in

the Association.

d) Shares are designated as membership shares and each member must, as a

condition of membership, subscribe to at least 90 of those shares, but not

more than 500 shares.

e) Two or more individuals or eligible organizations may apply in accordance

with #2 (c) above to be joint members and, if the application is approved

under #2 (b) above, the joint members hold the membership shares

purchased in respect of the joint membership in joint tenancy.

f) Each of the following may be admitted to membership in the association and

represented by an individual authorized on it’s behalf:

a) the government;

b) a first nation;

c) a corporation.

Withdrawal or Termination of Membership

(Sections 3 – 4)

3. Withdrawal from membership

A member may withdraw from membership in the Association by

a) giving written notice to the directors of the member’s intention to withdraw;

b) surrendering any share certificates in respect of membership shares;

c) The membership of a member ceases on the date the member has complied

with the requirements of 3 a and b above;

d) When a member withdraws from membership or a membership is

terminated or ceases for any reason, all rights and privileges attached to a

membership cease except the right to require the association to redeem the

member’s membership share. The cessation of membership does not release

the former member from any obligation owed to the association unless the

instrument of debt or obligation states otherwise.

4. Grounds for termination of membership

The Association may terminate the membership of a member in accordance

with the Act if

a) the member has engaged in conduct detrimental to the Association,

b) the member has not paid money due by the member to the Association

within a reasonable time after receiving written notice to do so from the

Association,

c) in the opinion of the directors, based on reasonable grounds, the member

(i) has breached a material condition of an agreement with the Association,

and

(ii) has not rectified the breach within a reasonable time after receiving

written notice to do so from the Association, or

d) the member has not transacted any business with the Association for a

period of 2 consecutive years.

Transfer of Shares

(Section 5)

5. An instrument of transfer of any shares in the Association must

a) be in writing,

b) specify the number and,

c) be executed and dated both by the transferor and transferee, or an

attorney authorized in writing by the transferor or transferee, as

applicable, or if the transferor or transferee is an eligible organization,

by a duly authorized director, officer or attorney of the organization.

The transferor remains the holder of the shares until the name of the transferee

is entered in the register of members.

Shares in the Association may be transferred using the form of the Regulation, or in another usual

or common form approved by the directors.

A transfer of shares does not take effect until:

a) any lien of the Association on the shares has been satisfied,

b) the transfer has been authorized by the directors, and

c) the name of the transferee is entered in the register of members.

The directors must immediately enter the name of the transferee in the register

of members when, with respect to the transfer of a share,

a) the requirements set out in a) and b) in the paragraph above have been

met

b) a duly executed instrument of transfer with the certificate issued in

respect of the share attached has been delivered to the Association, and

c) the certificate has been cancelled.

The Association may refuse to register a transfer or acknowledge an assignment

of membership shares, or interest affected by a lien established by the Act (see

#13).

Death or Bankruptcy

(Section 6)

6. Subject to notice to the Association of the death or bankruptcy of a member has

the same effect as a notice of intention to withdraw.

The person entitled to the membership of a deceased member may, on providing

satisfactory proof to the directors of the death of the member and the person’s

entitlement,

a) if the person is not a member, apply for membership in the

Association.

b) if the person is a member, request that the directors register the

membership in the member’s name, or

c) apply to the directors to redeem the shares for re-sale.

The Association must not register a membership share in the name of the person

entitled to a deceased member’s shares unless

a) that person is a member, and

b) the transfer has been authorized by the directors.

If the person entitled to the membership share of a deceased member does not

qualify for membership or the directors do not authorize the transfer of shares to

that person, the Association must, subject to the Act, redeem those shares by

paying to that person, within 4 months of the date on which the person provided

the Association with proof of his or her entitlement, the amount paid up on the

shares.

Shares

(Sections 7 – 11)

7. Except where provided for, the Association must not issue or allot membership

unless the shares are paid for in accordance with the Act. Membership shares

may be payable on call.

8. The directors may from time to time make calls upon the members for any of

the money unpaid on membership shares and a call is deemed to have been

made at the time when the resolution of the directors authorizing the call was

passed.

9. If a call is not paid on or before the date set for payment by the resolution

referred to in #8 (above), the member from whom the money is due on call must

pay interest on the unpaid amount of the call at the rate of 2% per month from

the date set for payment until the date of payment.

The interest that accumulates is a debt due to the Association. The directors

may waive payment of interest due.

10. Payment of dividends or interest on membership shares that are not fully paid is

governed by the Act.

11. A person whose name is entered in an Association’s register of members is

entitled, without payment, to a certificate of the Association.

A certificate referred to in the above paragraph is evidence of the person’s title

to the membership shares described in the certificate. Despite the paragraph

above, an Association’s rules may require that the Association not issue

membership share certificates.

Lien

(Section 12)

12. An Association has a lien on the membership shares of the person, who holds

the shares for a debt due to the Association by that person, and the lien extends

to any dividend or interest credited to that person for the membership shares, as

the case may be.

Forfeiture Of Shares

(Sections 13 – 15)

13. If a member fails to pay a call on or before the date set for payment by the

resolution referred to in #5, the directors may, at any time after that date, serve a

notice on the member requiring payment within 14 days from the date of service

of the unpaid amount of the call together with any interest that accrues under

#9.

14. If a member on whom or on which a notice has been served (as in the paragraph

above) does not make the payment required by that notice in the time specified,

the share in respect of which the notice is given may be forfeited to the

Association by a resolution of the directors.

15. Forfeiture under #14 is effective on the date that the directors make the

resolution referred to in that rule.

A member whose share has been forfeited in accordance with a resolution under

#15 ceases to be a member in respect of the forfeited share and the directors

may strike the member’s name from the register of members and cancel the

share certificate in respect of the forfeited share.

A forfeited share may be sold or otherwise disposed of on terms and in a

manner the directors think fit and, at any time before a sale or disposition, the

forfeiture may be cancelled on terms the directors think fit.

A member whose share has been forfeited remains liable to the Association for

interest that accrued under #9 to the date of the resolution under #15 and that

interest is a debt due to the Association.

General Meetings

(Sections 16 – 25)

16. A general meeting of every Association must be held at least once in every

calendar year within 4 months after the end of its financial year but the registrar

may approve of the meeting being held on a suitable date close to the date when

the meeting ought to have been held.

17. The rules of an Association may provide for semi-annual or other periodic

meetings.

18. The directors of an Association may call a special general meeting when they

think fit.

Subject to the Act (refusal to call a meeting below), the directors must call a

special general meeting on receipt of a written requisition signed by:

b) if there are more than 100 but fewer than 5000 members of the Association,

at least the greater of

i. 20 members, and

ii. 10% of the members

A requisition under the Act for a special meeting or a special general meeting

must

a. state the objective of the meeting,

b. state the name and address of the representative of the

requisitioning members,

c. if applicable, set out the resolution to be submitted to the

meeting, and

d. be served on the Association.

If the directors receive a requisition that complies with the above rules, then,

within 7 days after the date the requisition is served on the Association, the

directors must

a) call the requisitioned general meeting, or

b) refuse to call the requisitioned general meeting on one or more of the following grounds:

i. it clearly appears that the proposal is submitted by the members for the

purposes of enforcing a personal claim or redressing a personal

grievance against the Association or its officer, or primarily for the

purpose of promoting causes that are extraneous to the purposes of the

Association;

ii. substantially the same proposal was considered and defeated by the

membership within 3 years immediately before the date the requisition

containing the proposal was delivered to the registered office;

iii. the business of the requisitioned general meeting as stated in the

requisition includes a matter outside the powers of the members.

19. At least 14 days’ notice of every annual general meeting of an Association and

of every general meeting of an Association at which a special resolution is to be

proposed must be given to each member.

In the case of a general meeting other than a meeting referred to in the above

paragraph, at least 7 days notice, or any longer notice that the Association may

provide in its rules must be given to each member.

The notices under this section must specify

a) the place, the day and the hour of the meeting, and

b) in the case of special business, the general nature of that business.

20. The quorum for the transaction of business at a general meeting is 10% of the

total number of members entitled to vote at the meeting.

21. The president or, in the absence of the president, the vice-president of the

Association, must preside as chair at every general meeting.

22. If there is no chair present within 30 minutes after the time appointed for

holding the meeting, the members present at a general meeting must elect a

member to chair the meeting.

23. No business, other than the election of a chair and the adjournment of the

meeting, may be transacted at any general meeting unless a quorum is present at

the commencement of the meeting, and if at any time during the meeting there

ceases to be a quorum present any business then in progress is suspended until

there is a quorum present or until the meeting is adjourned or terminated as the

case may be.

If, within one hour from the time appointed for a general meeting, a quorum is

not present, the meeting,

a) if convened by requisition of members, must be dissolved, and

b) in any other case, stands adjourned to the same day in the next week at the

same time and place, unless the place of the meeting is changed out of

necessity.

If at the adjourned meeting referred to above a quorum is not present within ½

hour from the time appointed, the members present in person or represented by

proxy are deemed to constitute a quorum.

24. The chair of a general meeting may, and if so directed by the members must,

adjourn the meeting from time to time and from place to place, but no business

may be transacted at any adjourned meeting other than the business left

unfinished at the meeting from which the adjournment took place.

25. The order of business at the annual general meetings, to the extent appropriate

in the circumstances, must be as follows:

a) meeting to be called to order;

b) notice convening meeting to be read;

c) minutes of preceding annual general meeting to be read and adopted or

amended and adopted as required;

d) business arising out of minutes to be considered;

e) reports of standing and special committees to be read;

f) financial statement to be placed before the meeting;

g) reports of directors and auditors to be read;

h) election of directors and appointment of auditors;

i) special business to be considered;

j) unfinished business to be considered;

k) new business to be considered.

Any business other than business listed in the published agenda (Business at

annual general meeting) is special business.

Special business must be approved by ordinary resolution of the members

unless the Act or the Regulations require otherwise.

If special business is to be considered at a general meeting, the notice of the

meeting under #25 i) must state the nature of the special business in sufficient

detail to permit a member to form a reasoned judgment concerning the business.

If a special resolution is to be proposed at a general meeting, the notice under

#25 i) of that meeting must include

a) the full text of the special resolution, or,

b) if the full text of the special resolution is too lengthy for convenient

inclusion in the notice, a summary of the text in sufficient detail to

permit a member to form a reasoned judgment concerning the special

resolution.

If a notice under #25 i) contains a summary of the text of a special resolution as

provided in (b) in the paragraph above, the notice must also state the place

where the full text of that special resolution can be read or copied.

Voting

(Sections 26 – 33)

26. At a general meeting, every motion must be determined by ordinary resolution

unless otherwise required by the Act or the Regulations

Joint members of an Association are together entitled to only one vote unless

the Association’s rules provide for each of the joint members to have one vote.

27. In the case of an equality of votes,

a) the chair of a general meeting is not entitled to a second or casting vote, and

b) the motion is lost.

28. A member in arrears with a call on the member’s membership shares may not

exercise any right to vote on the member’s own behalf or on behalf of any other

person.

A member of an Association may vote by proxy at a meeting of the Association

or any adjournment of that meeting if the member’s residence as determined

from the register of members of the Association, is more than 1 km, or more

than a distance specified in the Association’s rules.

Membership amendment – August 17, 2003

A member may not vote more than 3 membership proxies.

29. Votes of persons in a representative capacity (proxies).

A person who is not registered as the owner of membership shares but who is entitled

to vote at a general meeting may vote in the same manner as if he or she were a

member if, before the meeting at which he or she proposes to vote, he or she satisfies

the directors of his or her right to vote at that meeting.

30. Representative of an eligible organization.

1) If an eligible organization provides evidence of the appointment of an

individual to represent it at a general meeting,

a) the representative is entitled to exercise in respect of and at that

meeting the same rights on behalf of the eligible organization as that

eligible organization could exercise if it were an individual member

of the organization and,

b) the representative, if present at a meeting, is to be counted for the

purpose of forming a quorum.

2) The evidence of appointment with respect to a representative of an eligible

organization may be provided by written instrument, facsimile transmission,

telegram, telex or any method of transmitting legibly recorded messages.

31. A proxy or an instrument appointing a representative of a member who is an

eligible organization, must

a) be in writing,

b) identify the appointing shareholder and the proxy holder, or the eligible

organization and individual appointed as the representative of the eligible

organization,

c) identify the meeting in respect of which the proxy is given or the meeting

for which the representative is appointed,

d) be signed by the appointing member or an attorney authorized in writing by

the appointing member or, if the appointing member is an eligible

organization, a duly authorized director, officer or attorney of the eligible

organization, and

e) include the date of the signature referred to in paragraph (d).

A proxy, along with the original or a copy, certified by a notary public, or the

power of attorney or other authority, if any, under which the proxy is signed,

must be deposited:

1) at the registered office of the Association or at any other place specified for

the purpose in the notice calling the meeting, at least 48 hours, excluding

Saturdays and holidays, before the time for holding the meeting in respect of

which the person named in the instrument is appointed, or

2) at the place specified for the meeting, before its commencement, with a

director or officer or the solicitor of the Association.

32. An instrument appointing a proxy may be in the following form or in any other

form approved by the directors:

I _____________________________, of ______________________________,

a member of __________________________ (name of Association) hereby

appoint _________________________ as my proxy to vote for me and on my

behalf at the general meeting to be held on _____________________ (year,

month, day), and any adjournment of that meeting, and the person I am

appointing is a member of the Association.

Signature ____________________ Date _______________ (year, month, day)

33. Unless otherwise provided in the Regulations or the Act, every motion for a

resolution put to a vote at a general meeting is to be decided on a show of hands

unless before or promptly on the declaration of the result of the vote by a show

of hands, a written ballot poll is directed by the chair or demanded by at least

one individual who is present and entitled to vote.

Each ballot cast on a poll, and each proxy appointing a proxy holder who casts a

ballot on a poll,

a) must be kept at the registered office of the Association for 3 months after

the general meeting,

b) during the period referred to in paragraph (a), must be open to inspection at

the registered office of the Association during the Association’s normal

business hours by any member or proxy holder entitled to vote at the

meeting from which the ballot and the proxy came, and

c) may be destroyed at the end of the period referred to in paragraph (a).

Directors

(Sections 34 – 46)

34. The Association must have:

a) in accordance with the Act, at least 3 directors, and

b) not more than 7 directors

The number of directors may be changed within the limits set out above by

ordinary resolution of the members.

A majority of the directors of the Association must be individuals ordinarily

resident in Canada, and one of the directors of the Association must be an

individual ordinarily resident in British Columbia.

35. An election of directors must be held at each annual general meeting to replace

those directors whose terms of office have expired or will expire at the end of

the meeting.

A reduction in the number of directors in the first paragraph in #34 above does

not affect the unexpired term of a director in office.

Directors will be elected to hold the offices of:

 President

 Vice President

 Secretary

 Treasurer

 Directors at large (1 – 3)

Two or more offices of the Association may be held by the same individual.

If the number of nominees in an election for “directors at large” exceeds the

number of directors to be elected at the election, the election of directors must

be by secret ballot.

The board must determine the term of office and the remuneration of any officer

it appoints.

36. Effect of vacancy on ability of directors to act

1) Despite any vacancy on the board:

(a) if and so long as the number of continuing directors constitutes a

quorum of the board, may continue to function without filling the

vacancy and may appoint a qualified member to fill the vacancy, or

(b) if the number of continuing directors does not constitute a quorum

of the board, may appoint directors for the purpose of increasing the

number of directors to a quorum or to call a general meeting and for

no other purposes.

2) Except in the circumstances described, and to the extent authorized in

subrule (1) (b), the directors are not entitled to fill a vacancy on the board

that is caused by either an increase in the number of directors (see #34) or a

failure to elect the minimum number of directors.

3) In the circumstances described in subrule (1)(b) or when there are vacancies

on the board as a result of an increase in the number of directors (see #34) or

a failure to elect the minimum number of directors, the board must call, as

soon as practicable, a general meeting to fill the vacancy.

4) The term of office of a director appointed under subrule (1) (a) is the

unexpired portion of the term of office of the individual whose departure

from the office created the vacancy.

5) The term of office of a director appointed under subrule (1) (b) or (2) is until

the vacancy is filled under subrule (3).

6) If, as the result of a vacancy, there are no directors of the Association, the

members may, by ordinary resolution or by an instrument in writing signed

by a simple majority of members, appoint a qualified individual as director

solely for the purpose of calling a special general meeting to fill the

vacancies on the board.

37. The Association may by special resolution remove any director before the

expiration of his or her term of office, and may by an ordinary resolution fill the

vacancy created by the removal.

38. All of the directors of the Association must be members of the Association or

authorized individuals (Individuals, government, first nations and corporations).

39. A director of an Association ceases to hold office if

a) the term of office of that director expires in accordance with the

Association’s rules or this Act,

b) the director dies or resigns,

c) the director is removed in accordance with the Act.

d) the director ceases to be qualified.

Subject to the Association’s rules, a director of an Association may be removed

before the expiration of the director's term of office by a special resolution, one

or more separate resolutions or a combination of both, depending on whether

the persons who would be entitled to vote if an election of that director were

being held comprise, at the time of removal, only the members.

Subject to the Association’s rules, a vacancy on the board of directors because

of the removal of a director under subsection (1) may be filled by a resolution or

resolutions of the members described in subsection (1), requiring a simple

majority for passage.

The board, in its discretion, may remove any officer of the Association without

prejudice to that officer’s rights under any employment contract.

40. Every director of an Association, in exercising the director's powers and

performing the director's functions, must

a) act honestly and in good faith with a view to the best interests of the

Association,

b) exercise the care, diligence and skill that a reasonably prudent person

would exercise in comparable circumstances,

c) act in accordance with this Act and the regulations, and

d) subject to paragraphs (a) to (c), act in accordance with the Association’s

memorandum and rules.

This section is in addition to, and not in derogation of, any enactment or rule of

law or equity relating to the duties or liabilities of directors of corporations.

No provision in a contract or in an Association’s rules or memorandum relieves

a director of the Association from

a) the duty to act in accordance with this Act and the regulations, or

b) liability that by virtue of any enactment or rule of law or equity would

otherwise attach to that director in respect of any negligence, default,

breach of duty or breach of trust of which the director may be guilty in

relation to the Association.

A director of an Association who receives or has charge of money of the

Association must give security before entering on his or her duties, as may be

considered necessary by the directors.

41. The directors may delegate any of their powers to committees of the directors

and set terms of reference for the committees that are binding on them in

exercising the delegated powers.

The board may, by resolution, appoint one or more committees consisting of the

director or directors that the board consider appropriate to exercise the powers

delegated by the board to them as authorized by the Act.

Any committee so formed, in the exercise of the powers delegated to it, must

a) conform to any terms of reference that may from time to time be

imposed on it by the directors, and

b) report every act or thing done in the exercise of those powers to the

earliest meeting of the directors held next after the act or thing has been

done.

42. The directors must cause minutes of the following to be made in books provided

for the purpose:

(a) all appointments of officers made by the directors;

(b) the names of the directors present or absent, at each meeting of directors

or of any committee of directors;

(c) all resolutions and proceedings at all meetings of the Association, the

directors or any committee of directors.

43. An Association must keep specific records at its registered office, and, in

accordance with the Act (Records to be kept at registered office) subject to

confidentiality, must make the records available at that office for inspection

during the Association’s normal business hours by any person.

44. Meetings of the board must be held at the time and place in British Columbia

that the board determines is appropriate, and if the board does not determine the

time and place, the president of the Association or any two directors may make

that determination.

45. Subject to the Act and these Rules, the directors may meet together for the

dispatch of business, adjourn and otherwise regulate their meetings as they

consider appropriate.

Questions arising at any meeting of the directors are to be decided by a majority

of votes, unless the Act or these Rules require otherwise and, in the case of an

equality of votes, the chair does not have a second or casting vote.

46. A resolution of the directors may be passed without a meeting in accordance

with the Act and these Rules.

Directors’ Power To Make Regulations

(Section 47)

47. The directors must manage or supervise the management of the business of the

Association and may exercise all the powers of the Association.

Subject to the Act (Persons not qualified as auditors), the board may specify the

powers, duties and responsibilities of the officers appointed, and may vary, add

to, or limit the powers, duties, and responsibilities of any officer.

Questions arising at any meeting of a committee of directors are determined by

a majority of votes of the members present, and in case of an equality of votes

the chair has no second or casting vote.

Financial

(Section 48)

48. The directors may, for the purposes of the Association, on behalf of the

Association,

a) borrow or raise money in the manner and amount, from the

sources, on terms and conditions, and

b) issue notes, bonds, debentures and other debt securities as the directors consider appropriate.

The directors should not transact any financial spending in excess of $30,000

without specific approval to do so, ratified by a vote taken at the AGM. Should a

special emergency arise that required such an expenditure, the transaction must be

authorized by the majority of the directors.

Board Of Directors meeting, January 20th 2007.

Subject to any limitations adopted by the directors, and any applicable

Regulations, the directors may invest funds of the Association in the manner they

consider appropriate (i.e. in a security or class of securities in which trustees are

permitted to invest trust funds under the Trustee Act).

Assessments and Calls

(Sections 49 to 54)

49. The directors must cause true accounts to be kept of

a) all money received and spent, and the matter in respect of which receipt

and expenditure takes place, and

b) the assets and liabilities of the Association.

The books of account must be kept at the registered office of the Association or at

another place the registrar approves in writing or, if the Association’s rules

permit, may be kept for temporary purposes at a place or places the directors think

fit.

50. The accounting records of an Association must be open to the inspection of any

director during the normal business hours of the Association.

Subject to the rules, the directors may determine to what extent, at which times

and places and under what conditions the accounting records of the Association

must be open to the inspection of members.

51. Every Association must have an auditor.

An Association, at each annual general meeting, must appoint an auditor by

ordinary resolution to hold office until the close of the next annual general

meeting, but if an appointment is not made at the meeting, the auditor in office

continues as auditor until a successor is appointed.

The directors may fill any casual vacancy in the office of auditor.

52. A copy of the financial statement that is to be placed before a general meeting

must be provided to the members at least 10 days before the date set for the

meeting.

The financial year of the Association ends on the date fixed by the directors.

53. The directors must report to each annual general meeting the state of the

Association’s financial affairs and the amounts, if any, which they recommend

to be paid by way of dividend or patronage return.

54. The directors must apply surplus funds arising from the operation of the

Association in a financial year as follows:

a) first, to the reserves required by the rule for reserves (below);

b) next, to retire all or a portion of any deficit previously incurred by the

Association, as the directors determine is appropriate;

c) last, to patronage returns or dividends as recommended by the directors.

The directors must set aside as reserves for meeting contingencies at least 10% of

the surplus funds arising from the operations of the Association in each financial

year.

Indemnity

(Section 55)

55. Subject to the Act (Indemnification prohibited), an Association may do one or

both of the following:

a) indemnify an eligible party against all eligible penalties to which the

eligible party is or may be liable;

b) after the final disposition of an eligible proceeding, pay the expenses

actually and reasonably incurred by an eligible party in respect of that

proceeding.

Disputes

(Section 56)

56. A dispute that under the Act may be submitted for arbitration must be referred to

an arbitration committee of 3 members of the Association in accordance with

Dispute Resolution of the Regulations.

An arbitration referred to in the rule above must be commenced in accordance

with the Act. If notice is provided to a director under this paragraph, that director

must promptly provide the Association with a copy of the notice.

Service documents FROM and TO the Association Notices

(Sections 57 – 58)

57. Unless otherwise specified in the Act or the Regulations, any notice required to be

given to a director or member or any other person must be in writing and is

sufficiently given if it is

a) delivered personally,

b) delivered to the person’s last known address, as recorded in the

Association’s register of members or other record of the Association,

c) mailed by prepaid mail to the person’s last known address, as recorded

in the Association’s register of members or other record of the

Association,

d) sent to the person by facsimile transmission to a telephone number

provided for that purpose, or

e) emailed to the email address provided by a member for the purposes of receiving notices from the Association, or (Added August 23, 2020)

f) served in accordance with the Regulation (Service by the Association

and service on the Association).

Unless otherwise specified in the Act or the Regulations, any notice required to

be given to the Association must be in writing and is sufficiently given if it is

a) delivered to the registered office of the Association,

b) mailed to the registered office of the Association by prepaid mail,

c) sent by facsimile transmission to a telephone number provide for that

purpose, or

d) serviced in accordance with the Act.

A member must provide the Association with and email address for the purposes of receiving notices from the Association in accordance with this Rule 57. (Added August 23, 2020)

58. A notice given in accordance with the Regulation is deemed received when it is

delivered.

A notice given in accordance with the Regulation is deemed received on the

second day, not including Saturday and holidays, after the date of mailing.

A notice given in accordance with the Regulation is deemed to be received at

the time the notice is sent by facsimile.

The date of an email will be the start date of any required days' notice. (Added August 23, 2020)

The Seal

(Section 59)

59. The seal must not be impressed on any instrument unless that impression is

attested by the signature or signatures of

a) any 2 directors,

b) an officer and a director, or

c) one or more directors, officers or other persons as determined by

resolution of the directors.

Alteration of Rules

(Section 60)

60. Amendments to the memorandum and Rules of the Association must be in

accordance with the Act and the Regulation.

Special Vs. Ordinary Resolutions

(Appendix 1)

Special Resolution

Must be written on “Form 6” (refer to co-operative regulations) and

requires 66 2/3% of votes to pass. ***

Amendment of memorandum and rules

Section 68 (2) of the Act – must be filed with registrar

No pledge or disposition of Association’s undertaking without consent

Section 71 (2) of the Act – must be filed with registrar

Amalgamation

Section 191 (3) (a) of the Act – must be filed with registrar

Application for voluntary dissolution

Section 197 (1) (a) of the Act – must be filed with registrar

Removal of a Director

Section 118 of the Regulation

Maximum investment of funds

Section 153 (1) of the Regulation

Appeal of termination of membership

Section 37 of the Act

Readmission to membership

Section 39 of the Act

Share without par value

Section 51(2) of the Act

No pledge or disposition of Association’s undertaking without consent

Section 71 (1) of the Act

Approval of contracts and transactions (where Directors have voted not to

approve)

Section 90 (4) of the Act

Appointment of an inspector to investigate Association

Section 159 of the Act

Voluntary dissolution

Section 197 (1) of the Act

Ordinary Resolution

Requires a simple majority (50% +) to pass at a general meeting (where at least

14 days notice has been given).

Special Business (Rule 55 of the Regulation)

Section 57 of the Regulation.

All motions (unless required by the Act or Regulation)

Section 80 of the Regulation.

Change to number of Directors

Section 105 (2) of the Regulation.

Vote for a Director if there are none

Section 115 (6) of the Regulation.

Fill a vacancy created by the removal of a Director

Section 118 of the Regulation.

Appointment of an Auditor

Section 108 (3) of the Act.

Remuneration of the Auditor

Section 112 of the Act.

Removal of the Auditor prior to the end of the term

Section 113 of the Act.

Reasonable restrictions on examination of records (not a Director)

Section 131 of the Act.

Appeal of termination of membership

Section 37 of the Act.

Cross-reference OP rules with provincial acts & regulations

(Appendix 2)

Act

Part 1 – Interpretation (Regulation) – January, 2001

Board or ‘the directors’

Part 1 – Interpretation (Regulation) – January, 2001

Call