Lillooet Lake Estates (LLE)                  

 

 

 

What You Need to Know About LLE

 

 

 

 

 

Quick Reference Guide

 

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What You Need to Know About LLE

Lot Transfer Procedures

Click here to read or print the lot transfer procedures (PDF format)

Lillooet Lake Estates Ltd

Lillooet Lake Estates Ltd is a not for profit company that operates (administers) a village known as Lillooet Lake Estates on behalf of the property owners (share holders). 

The “village” of Lillooet Lake Estates is located within the Squamish Lillooet Regional District (SLRD).  The “village” is a 152-lot development southeast of Mount Currie on Lillooet Lake.  Because the “village” was established under a Land Use Contract, there is not a legal subdivision plan filed in the Land Registry in Kamloops.  The subdivision plan is filed with the SLRD in Pemberton.

The Company (Lillooet Lake Estates Ltd) serves two purposes: 

·       to act as Trustee of the development’s lands for the beneficial owners of the lots (who are the shareholders in the Company),

 and

·       to act as Administrator of the development through a Board of Directors elected by the lot owners of six local neighbourhoods or sections (as a village council would act).

The Company’s 12 Directors are not officers of the Company.  They act simply as unpaid section volunteers on behalf of the owners who elected them.

Share Certificates and Sections

Two share certificates in Lillooet Lake Estates Ltd are issued to each site owner – a Class “A” and a Class “B” share certificate.  The Class “A” Share Certificates are proof of lot ownership.  The Class “B” share certificate is evidence of access to the common lots.  The shares are subject to the provisions of a Land Use Contract dated June 8, 1976, and an amending Amalgamation Agreement dated November 25, 1998. 

With the amalgamation of the original three Heather Jean Estates, the new area now known as Lillooet Lake Estates was divided into 6 Sections or neighbourhoods for administrative purposes.  Before the yearly Annual General Meeting begins, each Section first has its own brief meeting to elect 2 Directors.  The 12 elected Directors from each of the 6 Sections are the Lillooet Lake Estates Board of Directors for the next year.  The elected Directors form our "village council" but are not officers of the company.

Exclusive Use of Lot

At the April 2006 Annual General Meeting, the lot owners agreed to improve the wording in the Trust Indentures that grant the exclusive use of a lot to that lot owner.  This amendment recognized the Class “A” Share Certificate as a document that is similar to a title document that is issued for a registered subdivision.  The transfer of ownership procedures were also clarified in that the seller must provide both the Class “A” and “B” Share certificates to the purchaser.

Fire Protection

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

Stand pipes (fire hydrants) are located throughout Lillooet Lake Estates.  Next to each of the stand pipes is a red wooden storage locker that contains fire hose for emergency use.

Lot Numbers

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

Emergency Alarm

There has been a long-standing protocol for “sounding and alarm”.  In an emergency sound 3 short, 3 long, and 3 short blasts. This is Morse code for “HELP”.  This can be done using a car’s horn or the air horn in the red fire protection kiosks throughout LLE.

Gates

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

Use and Maintenance of Sites

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

 

Building Restrictions

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

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

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

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

 

Water and Sanitation

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

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

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

 

Use and Maintenance of the Common Property

  1. Except for the roadways and driveways, no person shall use or occupy the Common Property between the hours of 12:01 A.M. and 5:30 A.M.
  2. No trees, shrubs or ground cover shall be removed from the Common Property other than in accordance with the directions of the Directors.
  3. No billboards, placards or advertising signs of any kind shall be erected or displayed on the Common Property except those erected or displayed by the Directors.
  4. No poultry, swine, sheep, cows, cattle, horses or other livestock, other than domestic household pets, are permitted on the Common Property.
  5. The placement and maintenance of ornamental trees or shrubbery on the Common Property shall be governed by the decision of the Directors.
  6. No Owner shall do anything that will be noisy or offensive on the Common Property so as to interfere with the enjoyment by any Owner of the Common Property or his or her Site.
  7. No Owner shall do anything on the Common Property likely to damage the plants, bushes, flowers or foliage thereon.
  8. No Owner shall use the Common Property for the storage of any personal property, except as expressly authorized by the Directors.
  9. No Owner shall burn any rubbish or any other material on the Common Property except in areas designated by the Directors and with the express consent of the Directors.
  10. No Owner shall obstruct or place obstructions on the Common Property.
  11. Except where a portion of Common Property has been designated as Limited Common Property by the Owners or through the Articles of the Company, the Common Property shall be used for the benefit and enjoyment of all Owners.

 

Parking

1.     No vehicle (including a trailer) belonging to an Owner or to a member of his or her family or to a guest, tenant, or employee of the Owner shall be parked:

(a)     in such a manner as to impede or prevent ready access to the entrance of any gate or Site by another vehicle;

(b)     on Common Lots 27, 34 or 60 between the hours of 12:01 A.M. and 5:30 A.M.;

(c)     on any roadway in the Estate during the hours of 9:00 P.M. to 9:00 A.M. between November 1 and April 30;

(d)     on any roadway in the Estate at any time if the vehicle or trailer is unlicenced.

2.     In the event of a breach of this Regulation, the Directors may cause such vehicle to be towed at the Site Owner’s expense.

 

 Burning and Fires

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

 

Additional Duties of an Owner

An Owner shall:

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

 

Annual Assessments and Special Levies Are Approved by the Lot Owners

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

(a) with the Notice of each annual general meeting the Lillooet Lake Estates Board of Directors shall enclose a proposed annual budget for the following 12-month period, composed of the following sections:

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

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

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

(iv) the costs of the Lillooet Lake Estates Board of Directors, including legal and accounting costs (the "Administrator's Costs");

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

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

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

(i) the Common Property Costs;

(ii) the Administrator's Costs;

(iii) the Capital Costs;

(vi) the Recommended Costs,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Allocation of Property Taxes – Land

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

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

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

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

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

Note:

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

 

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

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

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

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

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

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

Note:

Taxes on the improvements to a site will be billed directly to the owner and the owner is responsible for these taxes.

 

Property Taxes – Improvements

The Provincial Government bills the lot owner directly for site improvements (buildings on the lot).  The lot owner is responsible for payment directly to the government.

 

 


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Last modified: 05/07/10.
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