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We are committed to ensuring a safe and positive environment for all of our members. The Board of ERHA is entrusted to uphold and enforce the Bylaws, Restrictive Covenants and Architectural Guidelines of the Association for the benefit of all homeowners.
Annual Fees are $250/year. Invoices for annual fees will go out in November for payment due January 1 yearly. The fees may be adjusted to reflect inflation and increased cost of services.
HOA fees are used for:
n. To set, levy, issue and collect levies, fees, penalties, damages, costs and other recoveries, including;
I. for the operating and maintenance requirements for the Association and allocate these to the owners as annual members’ fees;
II. for the failure to remit member fees by April 1 of each calendar year, a late payment penalty will be added to the account of any member whose invoice for the annual fees is not paid and is 90+ days in arrears. The initial value of the Late Payment Penalty is set at 16% of the annual member fee. This amount will be added to the account of each Member for every six-month period that the invoiced amount remains outstanding;
III. for enforcement of the Restrictive Covenant and Encumbrance Agreement (Schedule “A” hereto):
a. an administrative fee in the amount of $250.00 for any of the steps described in Section 16.01 of these Bylaws payable by a person or persons in breach of the Restrictive Covenant and Encumbrance Agreement for each instance of a breach;
a. in addition to an administrative fee, if any, recovery against a person or persons in breach of the Restrictive Covenant and Encumbrance Agreement of any and all legal fees, disbursements and other charges incurred by the Board or the Association for legal advice and assistance in connection with enforcement of the Restrictive Covenant and Encumbrance Agreement against a person or persons in breach thereof;
For the recovery of any costs - including legal fees, disbursements and other costs - associated with the collection of any outstanding member fees, and late payment penalties that have remained unpaid for more than 6 months after the date of invoicing by the Association.
To read complete Bylaws, click here.
Help us be paperless, please send your annual payment fee using e-transfer. No need to set a question, no hassle!
Send payment to email@ERHA-web.com
Prefer to pay with a cheque? Please make your cheque payable to "Eagle Ridge Homeowners Association" and either
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Mail it to 538 Heffernan Drive, Edmonton, AB T6R 2K4
(This is the mailing address for the "tower" and directs our mail to our mailbox)
Drop your cheque off at 657 Henderson St. NW
For the failure to remit member fees by April 1 of each calendar year, a late payment penalty will be added to the account of any member whose invoice for the annual fees is not paid and is 90+ days in arrears.
The initial value of the Late Payment Penalty is set at 16% of the annual member fee. This amount will be added to the account of each Member for every six-month period that the invoiced amount remains outstanding.
Have any questions or concerns? You can contact us via e-mail at email@ERHA-web.com
Introduction
This document outlines the opportunities and constraints associated with the Eagle Ridge development and provide a set of subdivision guidelines which will direct homebuyers, designers and builders towards appropriate building forms and details.
House plans will be reviewed in terms of their adherence to these guidelines.
Applicants may provide alternative details to those outlined in these guidelines providing that it is demonstrated that conformity to the overall objectives for the quality of the area are being maintained. The acceptability of such alternatives is solely at the Design Committees discretion.
Architectural Guideline Objectives
There are three primary objectives that have been considered in developing the Architectural Guidelines.
1. The general architectural thrust will encourage richly detailed homes which are uniquely suited for the stately sized lots. Traditional and California styles are preferred. Modern designs will be considered providing that they contain sufficient detail and/or a major component of natural material in the finish.
2. The Quality of the Community - the Architectural Guidelines are the mechanism which encourages a high level of quality, reflecting an image appropriate to the setting.
3. The Diversity of the Community - the Architectural Guidelines are to be implemented selectively and to varying degrees in accordance with an overall merchandising plan. Key areas are highlighted by means of increased design control to ensure appropriate response to hillside, view lots, as well as lots adjacent to
Architectural Guidelines
1.0 City of Edmonton Standards
Formal standards for development will be those as established in the City of Edmonton Land Use Bylaw. Conformity with these guidelines does not supersede the required approval process of the City of Edmonton.
2.0 Building Massing and Siting
2.1 Setbacks/Separation Space
Minimum setbacks for all side yards will conform to those established by the City of Edmonton RF-1 District.
Side yards shall be established on the following basis:
a. side yards shall total at least 20% of the site width, with a minimum side yard of 1.2 m (3.95 ft.), except that the minimum side yard for buildings over 7.5 m (24.6 ft.) in height shall be 2 m (6.6 ft.);
b. on a corner site where the building fronts on the front yard the minimum side yard abutting the flanking public roadway other than a lane shall be 20% of the site width, to a maximum of 4.5 m (14.8 ft.);
c. on a corner site where the building fronts on a flanking public roadway other than a lane, the minimum side yard abutting the flanking public roadway shall be 4.5 m (14.8 ft.).
Separation Space shall be provided between two or more Dwellings or portions thereof on the same site, in accordance with Section 58 of the Edmonton Land Use Bylaw.
2.2 Siting and Site Coverage
The maximum site coverage is 40% for house and attached garage as per the City Bylaw.
The siting of dwelling units shall reflect the site attributes of topography, views, exposure to sunlight and the need for privacy. Lot siting should be examined to encourage proper lot drainage and height of house which does not completely obscure the view from lots upslope.
2.3 Massing and Building Heights
The maximum building height is 10 m (32.8 ft.)
The minimum roof pitch is 4:12.
The intent is to provide an overall site composition of sloped roofs while allowing for an expression of uniqueness for individual residences and the internal functions of each house. Houses within the same street or cul-de-sac are to have a consistency of apparent volume, ie. small homes cannot go directly beside larger homes. Minimum floor area is 186 m2 (2,000 sq. ft.) for bungalow and 204 m2 (2,200 sq. ft.) for split levels (calculating the upper two levels only, levels partially below grade are not included in the calculations). Minimum floor area is 260 m2 (2,800 sq. fl.) for 2 storey.
Houses should be specially designed to adapt to sloped lots, ie. split levels.
If, in the opinion of the Developer/Design Consultant, the use of the standard floor plan results in excessive grading work and retaining walls, then such homes will not be allowed.
Walkout Basement lots: The rear house elevations for these lots should be designed to avoid 3storey high rear wall treatments. The distance from grade to the first eave line is to be less than 20 feel.
Essentially, the architectural devices that can best achieve this rear wall requirement are downhill sloping roofs in combination with dormers, variations in the rear wall plans, retaining walls and grading.
Lots Backing on
To enhance the community's image, the rear elevations should be given the same attention to design as the front elevations. This objective can be achieved through: similar detailing to that used on the front elevation. A special rear entrance treatment and variation in the two storey massing (balconies, cantilevers and roof lines, etc.). The Design Committee reserves sole discretion on the acceptability of these elevations.
2.4 Lot Grading
Lot grading is to be consistent with the subdivision grading plan. The minimum slope allowed is 2%.
Lot grading should be absorbed with the building massing (i.e. step floors, walk-out basements, etc.) to minimize the need for grades steeper than 3 to 1.
All plot plans will be prepared by the designated surveyor. The staking out of the homes will be carried out jointly by the builders and the designated surveyor. This procedure will facilitate establishing building elevations that are appropriate for the onsite grading conditions.
Sideyard Grading: In addition to the critical grade control points at the corner pins of the lots, the grade elevations along the entire length of side property lines will also be important considerations. The Design Committee reserves the right to adjust all the grading requirements between units after both the affected homes have been submitted. A co-ordinated grading review will be carried out to ensure that the proposed final grades of the first house submitted do not adversely affect the adjacent house. The final grading requirements will be balanced to the mutual benefit of both houses.
Particular attention is to be given to the sideyard grading for those lots with front to back falls and/or side to side falls. In the case of a side-to-side falling lot, the base of the steps for any side door access must be approximately equal to the level of the driveway at the garage door. For those lots with grades generally falling towards the back yards, the base of these steps are to be lower than the level of the driveway. Keep in mind that in these cases, modifications to the exterior cladding may be necessary to ensure that maximum 2' parge line is maintained.
In the case of those walkout basemen I lots adjacent to non-walkout basement lots, retaining walls between back yards may be required.
2.5 Repetition
Designs with approximately identical house elevations may not be repeated more than every sixth house on either side of the street.
To be different means that there is a significant change in features such as roof slopes, size and location of windows and doors, colours and finish materials. A change of material alone and reversing the plan is not sufficient.
3.0 Materials
3.1 Roof Material
The roof is to untreated cedar shakes, cement tile or certain stone-coated steel products in specified profiles and colours as indicated below. Other similar textured stone-coated steel products will be considered on written request with supporting information, including addresses for viewing the proposed product.
Other roof finishes will be considered if it can be shown by the applicant that these are in keeping with the overall objectives of the guidelines. A review of previously approved roofing materials was conducted by the ERHA Board in 2008. The report, Review of Eagle Ridge Architectural Guidelines for Roofing Materials, may be viewed on the website under the heading Reports. It contains additional information that may be of use to owners in considering roofing materials.
Please note that the Association does not ‘recommend’ new products, nor will it ‘recommend’ suppliers or installers.
The following stone-coated steel products have been approved for use:
1. Metro Roof Products Metro-hake II Classic in Charcoal, Birch, or Weathered Timber colour;
2. Gerard in a Tile Profile in Barcelona or Country Blend colours;
Sample roofs in the Barcelona colour may be viewed in Eagle Ridge at 921 Heacock Road, or at two other homes in Edmonton at 1381 Carter Crest Road and 74 Cormack Crescent. Sample roof in the country blend colour may be viewed in Eagle Ridge at 910 Heacock Road.
3. Euroshield Beaumont Shake, Ranchland Shake, Vermont Slate, Vermont Slate HP, Rundle Slate in colors of driftwood and brown, black and grey..
(Section 3.1 Roof Material amended January 11, 2010 as approved by the Board on January 7, 2010. And further amended April 9, 2022 as approved by the Board on April 5, 2022).
Any additional roofing products and/or colours must be approved by the Board of ERHA prior to installation.
All roof stacks, flashings, etc. are to be painted out to match roof colour. All fascia board ends are to be cut within 10 degrees of vertical and are to be a minimum of 12” deep. Rainwater leaders, eaves troughs and fascias should match the trim colour as selected. Overhangs on upper levels are recommended to be 1” to 1’-6”, and on lower levels are to be 2’.
3.2 Chimneys
The main chimney is to be brick, stone or stucco. Siding is only allowed on the secondary chimneys. All brick, stone or stucco chimneys are to be incorporate corralled detailing (Queen Anne Style) and include concrete rain caps Vinyl cladded chimneys are to have a decorative cap similar in character to the masonry caps.
Chimneys against exterior walls are to project out 2' from the wall face.
3.3 Exterior Finishes
If the predominant exterior finish is to be vinyl/aluminium siding or stucco, then the exterior finish must also include a complementary natural material (wood, stone, or brick).
Exterior siding is to be horizontal only. Fascia boards are required in a colour complementary to the siding or to match the trim colour.
Allowable materials include cedar siding, stucco, double four aluminium siding or double four vinyl siding with a 4" - 5" exposed profile.
No higher than 2'-0" of concrete walls are to be exposed above grade. Higher concrete walls (i.e. walk-out basements, drive-under garages, etc.) are to be clad with the predominant siding material.
Special attention should be paid to window accents. Use of muntin bars, shutters, mouldings, trim boards or casements are encouraged.
We are strongly encouraging the use of at least one arched window and the use of muntin bars on the front elevations.
Houses on corner lots are to have two full elevation treatments adjacent to street.
Garages are to be finished in similar design and materials to the house. Garage doors are to be painted or stained wood.
Electrical meters and gas meters are to be located on the back half of the house so as to minimize any view from the front street.
3.4 False Fronts
There are to be no "false fronts". The dominant materials of the front elevations must be carried on all remaining elevations. Brick or stonework is to be quiet and even-toned. There is to be no "new-used" brick or multi-coloured stonework. All brick is to be standard or metric size with grey mortar. No jumbo brick will be allowed.
Brick or stone used as trim material on the front elevation is also to be used in a similar manner on all elevations. When brick or stone returns only on the side elevations, the front elevation will be considered to be false and therefore will not be allowed.
3.5 Front Entries
Front entrances are to create a luxurious impression in keeping with the overall image being created for the community.
The entrance's width is therefore to be minimum of 8' wide outside the entry doors and inside the foyer.
3.6 Accessories
All homes will have the Eagle Ridge custom designed post top lights with house numbers. There will be two lighting fixtures flanking the garage door(s), one in the vicinity of the front door and one strategically placed walkway lighting fixture. The house numbers will be located on the walkway lighting fixture.
3.7 Colours
All exterior colour schemes will be approved on a lot-by-lot basis. However, submission of colour schemes for pre-approval is strongly encouraged. Each colour scheme submitted is to be accommodated with exact colour chips. The Design Committee reserves the right to approve or disapprove any colour scheme. (See 4.3 for Colours re Fences.)
3.8 Driveways and Garages
Desirable slopes of driveways are 5% or less. Absolute maximum driveway slopes are 8%. Driveways and front walks are to be one of the following:
Exposed aggregate; exposed aggregate with stone or with brick edging; paving stone; exposed aggregate with coloured brick or stone pattern [Later amended by Melcor to include "brushed concrete" as long edging was as per above]
All houses are to have a 2-car attached garage at minimum.
Gable ends are not allowed on the front elevations without sufficient detailing to reduce the apparent height of the gable ends. The acceptability of such detailing rests solely with the Design Committee.
The eave line on front sloping garage roofs is to be within l' -0" of the top of the garage doors. Drive-under garages are permitted on sloped lots provided they do not abnormally raise the first floor more than 2' -6" above grade. The building height is to be no greater than 2 storeys for the garage portion of the elevation.
3.9 Garden Sheds
Garden sheds must meet all requirements regarding The City of Edmonton by-laws, be finished in similar design and materials (roofing and siding) as the house, and not be oversized in comparison to the house. A good example of such a shed is at 1419 Herring Cooper Way.
(Section 3.9 Garded Sheds added January 11, 2009 as approved by the Board on February 13, 2009.)
4.0 Landscaping
4.1 Front Yard Landscaping
Landscaping of the front yards should be designed to enhance individual homes and specific sites. Plants should be chosen from species which complement house colours and neighbouring lots. Sketch landscape plans will be provided by the Builder to the Developer at time of submission of house plans.
Front yards with more than 10% grade should be terraced in shelves or by using landscaped retaining walls.
Retaining wall materials are to be compatible with the house materials. Concrete retaining walls are permitted if they are highly patterned or of washed aggregate complete with detailed caps of brick or wood. Concrete retaining walls of more than 2'-6" in height must be terraced so that each lift is no greater than 2'-6".
4.2 Trees/Sod
Three trees and sod with a minimum of 3" of topsoil are to be planted by the builder and/or homeowner in the front yard within 6 months of completion of the house. The three trees are to be a combination of 3" calliper deciduous or 10' -12' coniferous trees.
Completion of the landscaping forms part of the final acceptance requirements.
4.3 Fencing
The custom project fencing (design and colour) and light fixture post is mandatory for all lots in the Eagle Ridge Subdivision. The detailed design of the project fencing and light fixture post is available from the Design Committee.
Front Yards: Fences at front yards will be prohibited except ornamental fencing to a maximum height 1.0 m or 3 ft. may be allowed when constructed in accordance with the design of a home.
Side Yards: Fence heights are limited 1.8 m or 6 ft. high and are to be consistent with the visual character of the subdivision. These fences are the responsibility of the builder or Individual home owners to construct and maintain.
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Feb. 2005 Addendum
Note that fences dividing two properties, and sides of fences facing inward of a property, are NOT included here, even if part or all of said fences are visible from the street: The staining of these still remain the responsibility of each homeowner. Therefore only one side of the walkway or street-facing fences will be stained by ERHA: the side visible from the street or walkway, not the side facing the property's interior. The only exception to this is the fence dividing Heffernan Close from Eagle Ridge Place: As most of this short piece of fence is highly visible from public places and as it is backing unto condominium open spaces instead of subdivided properties, the association has elected to include that fence in its staining program. March 2007 Addendum to this Feb 2005 Addendum: The wrought iron fence bordering the walkway behind "The Point (Brass III)" and "Eagle Ridge Place" will also be painted on both sides, as all sides are visible while walking said walkway.
It should be further noted that no change is made as to ERHA's responsibility for STRUCTURAL maintenance: Only the perimeter (Divisional) fence will receive structural maintenance as well as staining by ERHA -- not the walkways or any other fences discussed here, as those will only receive staining (i.e. structural maintenance for these fences shall remain the responsibility of each homeowner).
Approximately 2,000 to 3,000 linear feet of fencing will be stained on a yearly basis, resulting in a projected five-to-seven-year cycle between re-staining of each fencing segment (depending on SW vs. NE orientation, & number of coats). Two thirds of the cost of this work will be considered operational expenses, and one third will be paid through the reserve fund (as this is where money for the perimeter fence is being accumulated).
April 2005 Addendum
In order to properly IMPLEMENT the 2005 AGM approved fence-staining plan described in the February 2005 addendum, whereas the Association is responsible to keep all Subdivision Features in good, clean, and proper condition, order, and repair, and whereas all visible fences fronting onto roadways or walkways, including Perimeter Fences, should be kept to a high visual standard for the benefit of all owners in the Subdivision, ERHA passed the following resolution: : ERHA has devised a plan to stain ALL street-facing fences in Eagle Ridge. The concept is to improve the look of the area by ensuring that, as one walks the ravine, parks and sidewalks of Eagle Ridge, all visible fences fronting or connecting between homes (or siding onto streets or walkways) will be kept to a high visual standard, thereby maintaining property values for all homeowners in the area.Fences affected are as follows: Fences on the front or side of properties -- or both for corner lots -- as well as ravine, parks, or walkway fences (i.e. side of fence facing walkways, or both sides for staggered height ends -- up to a point level with either a connecting fence or the house, as the case may be).
a. All visible fences which border on roadways or walkways are to be designated as Subdivision Features within the meaning of Clauses 1.17 and 1.18 of the Restrictive Covenant & Encumbrance Agreement (Appendix "A") by which all Subdivision Owners are bound.
b. As Subdivision Features, such fences and other facilities now or hereafter constructed in the Eagle Ridge Subdivision are subject to the care or maintenance of the of Homeowners Association, which it may choose to, but is not bound to, undertake from time to time.
c. To gain access to such fencing for the purpose of staining (as per the February 2005 Addendum described in the bylaws, Section 4.3, Fencing) the Association will exercise its rights of easement and access as provided by the Restrictive Covenant & Encumbrance Agreement.
d. Should any owner object to providing access to fencing for the purpose of the Association's staining program, then such owner shall immediately undertake at his or her own expense to stain such fencing to the same standards, and at the same time, as would otherwise have been undertaken by the Association.
e. This resolution shall not in any way relieve any owner of the primary responsibility for the complete maintenance, including structural maintenance, of all fences on each owner's property.
5.0 Other Important Guidelines
5.1 Signage
All "For Sale", builders and construction signs are to be in the approved standard format. Both temporary and permanent signage will be co-ordinated and approved by the Developer.
5.2 Recreation Equipment and Commercial Vehicles
Recreation vehicles and commercial vehicles in excess of 3/4 ton capacity shall not be stored on any property for more than 48 hours unless in a garage. For more details see Appendix "A" of Bylaws: Restrictive Covenants, 2.3.5.
Satellite antennas are not allowed [Later amended by Board of Director, limiting size to 36" units].
5.3 Appearance During Construction
Each Purchaser must inspect the condition of the local improvements installed by the Vendor including but not limited to the curbs, gutters, sidewalks, street lamps, fencing, etc., in, on, or around his 1of prior to commencement of construction in order to determine if any of these local improvements are damaged. Written notice of any damages must be submitted to the Vendor prior to commencing construction. Otherwise, costs for repairing damages for same shall become the sole responsibility of the Purchaser pursuant to the Agreement For Sale, where applicable.
The Builder and/or Owner is required to keep his lot clean and orderly during construction. There will be no burning of garbage. Builders found negligent will be back-charged for clean up carried out by the Developer.
No trees, shrubs, lawns, fencing, buildings or other site improvements should be allowed to fall into a state detrimental to the subdivision.
5.4 Waste Management Bylaw
City of Edmonton's Waste Management Bylaw 13777, Part II Household Refuse, item # 9.Note that this bylaw applies to bags of grass cuttings as well.
a. No person shall place waste containers at any front yard or curbside collection set out location before 5:00 P.M. on the day prior to the scheduled collection day.
b. No person shall leave emptied containers at any front yard or curbside collection location later than noon of the day following collection.
6.0 Approval Process
6.1 Initial Submission
The Builder shall submit two (2) copies of the following information to the Developer along with a security deposit in the amount of $5,000.00.
> Drawings of the house (plans, elevations sections at 1:50 or 1/4" = 1'-0");
> A site plan identifying lot grades, floor elevations, setbacks, house location and driveway slope at 1:300;
> A plan of the proposed front yard landscaping for the lot;
> A complete Application Form for House Plan Approval (indicating colours, materials, and other specific information as requested in the form).
The Developer's Designated Design Consultant shall review the plan and recommend approval or rejection of the application based on the adherence of the plans to guidelines. The Developer will make the final decision as regards approval or rejection of the application. A copy of the application form and a marked up set of plans shall then be made available to the Builder. The original application form and one set of similarly marked prints will be kept for future reference.
Any changes by the Builder from approved plans must be submitted to the Developer or its Designated Design Consultant for approval in writing. Incomplete applications will be returned to the Builder.
6.2 Interim Building Review
The Developer and/or its Designated Design Consultant may carry out an on-site review of the home during construction. Periodic checks may be made to ensure conformance to approved grading plans and development guidelines. Modification may be requested related to actual site conditions.
6.3 Final Building Approval
Upon being advised by the Builder of the completion of the home, including all landscaping, the Developer's Design Consultant shall carry out a site review to confirm conformance to the Guidelines.
1.01. These Bylaws shall be construed with reference to the provisions of The Societies Act, R.S.A. 1980, c. S-18, as amended from time to time (or any subsequent governing legislation), and terms used in these Bylaws shall be taken as having the same respective meanings as they have when used in that Act. Notwithstanding anything else herein contained, these Bylaws shall be read subject to the restrictions upon their scope and effect contained in The Societies Act and other applicable statutes and rules of law and equity, and any provisions herein repugnant to such restrictions shall, wherever possible, be severed from these Bylaws, in order that the rest may stand.
1.02.In the interpretation of these Bylaws (including this Article 1.02), except where excluded by the context,
a. words importing the singular number shall also include the plural, and vice-versa;
b. words importing the masculine gender shall also include the feminine;
c. words importing persons shall include corporations;
d. the headings herein are given for convenience only, and shall not affect the interpretation of these Bylaws;
e. these Bylaws shall be interpreted in a large and liberal sense so as to give effect thereto wherever possible;
f. `Act' shall mean the Societies Act R.S.A. 1980, c. S-18 as amended, and any statute that may be substituted therefore;
g. ‘Association' shall mean the Eagle Ridge Homeowners Association.
h. `the Board’ means the Board of Directors of the Association;
i. ‘Melcor' means Melcor Developments Ltd.;
j. ‘By-laws' shall mean the By-laws of the Association as amended from time to time;
k. ‘Developer' means Melcor, Desa Stores Ltd. and Columbus Investment Corp. Ltd.;
l. ‘Director' shall mean any person who has been duly elected or appointed to the Board of Directors by whatever name called;
m. ‘Member' shall mean a member of the Association unless the context requires otherwise;
n. `Registered Office' shall mean the registered office for the Association;
o. ‘Restrictive Covenant' and ‘Schedule “A”' shall each mean either or both the Restrictive Covenant and Encumbrance Agreements bearing Land Titles Instrument Nos. 922 284 317 and 972 269 165, true copies of which are annexed hereto as Schedule “A” ; p. Members’ fees shall have the same meaning and intent as the ‘Rent Charges’ referenced in Schedule “A”;q. ‘Persons’ includes an individual, a property owner, a body corporate, a partnership, a joint venture or other association,r. Perimeter Fence means the perimeter fence constructed along the Rabbit Hill Road and Riverbend Road boundary of the Eagle Ridge subdivision.
1.03. These By-laws are subject to and to be construed with the Restrictive Covenant, which governs in the event of any conflict with these By-laws. The purpose and objects of the Association are to carry out the duties and functions provided for in Schedule “A” to be performed or done by the Association and generally to provide for care and maintenance of Subdivision Features in the Eagle Ridge Subdivision as defined in Schedule “A”.
2.01. Article 3.1 in Schedule “A” are incorporated into these By-laws and are made a part hereof. Without limitation:
a. The Members of the Association shall be those entitled to membership under said Article 3.1 paragraphs 3.1.1 and 3.1.3; provided that until the Developer shall have sold one hundred (100) of the Subdivided Lots (as defined in Schedule “A”), the five signatories to the application for incorporation of the Association and substitutions therefore (if any) made by Melcor shall, notwithstanding Schedule “A”, and notwithstanding anything herein contained, be and continue to be members whether or not they own any interest in any Subdivided Lots. Such signatories shall only cease to be members when the Developers have sold and transferred at least one hundred (100) Subdivided Lots. Save for the said 5 signatories and substitutions therefore, ownership (which may be beneficial ownership) in fee simple of a Subdivided Lot, or a fractional or joint tenant interest therein, is a prerequisite to membership in the Association. No one (save for the said five signatories or other representatives of Melcor appointed hereunder) who is not an owner in fee simple as aforesaid shall be eligible for membership; and everyone who has been but ceases to be such an owner shall ipso facto cease to be a Member. An owner shall be entitled to become a Member forthwith on becoming registered (which may include registration by caveat) as an owner as aforesaid, and his membership shall be recorded by the Secretary upon his providing to the Association's Board satisfactory evidence of such ownership, or the Board otherwise being satisfied of such ownership.
b. Voting rights shall be as set out in said Article 3.1, paragraph 3.1.2 in Schedule “A”.
c. No owner shall be expelled from the Association as long as he continues to be a registered owner.
2.02. Membership Year Membership year shall be from January 1, to December 31, of each year.
2.03. Notice of Meeting A Member shall be entitled to notice of and to attend at all meetings of the Members of the Association. Where two or more persons own a Subdivided Lot, a notice given to one such owner shall be deemed to have been given to all such owners.
3.01. The Annual General Meeting
a. An Annual General Meeting of the Association shall be held in each calendar year in the City of Edmonton, in the Province of Alberta, on a day to be fixed by the Board from time to time;
b. At least fourteen (14) days prior to the Annual General Meeting the Secretary shall give to each Member a notice setting forth the date, place and time of the Annual General Meeting;
c. The Annual General Meeting shall consider the report of the President, review of financial statements, (which shall set out the Association's income, disbursements, assets and liabilities, and shall comply with the requirements of the Societies Act), appoint such auditors or accountants as may be desired, elect the Board, and transact such other business as may be put before the meeting;
d. A quorum for the Annual General Meeting of the Association shall be the attendance of persons collectively entitled to cast five (5) or more votes;
e. In order to be entitled to vote at the Annual General Meeting, members must be members in good standing and have their annual fees, late payment penalties, damages, recoveries, and other charges paid in full.
f. Unless any two Members demand a ballot vote, all voting at the Annual General Meeting shall be done by a show of hands;
g. Each Member, subject to the limitations in section 3.01 e may vote by proxy. Such proxy should himself be a Member of the Association or an officer or employee of a corporate member, but before voting must produce and deposit with the Secretary a sufficient appointment in writing. The Secretary, or in his absence the Chairman of the meeting, shall have complete discretion to determine whether an appointment or proxy is valid and sufficient;
h. Except as to a Special Resolution, each issue and Resolution shall be decided by a majority of the votes of the Members present or in person or represented by a proxy;
i. Accidental omission to give any notice to any Member or the non-receipt of any notice by any Member or any error in any notice not affecting the substance thereof shall not invalidate any action taken at a meeting held pursuant to such notice or otherwise founded thereon; and
j. At the Annual General Meeting there shall be elected as many Directors as shall be required to fill the vacancies of the Board.
3.02. Special Meetings of the Association
a. Special meetings of the Association shall be called at the direction of the President or upon request in writing of any fifteen (15) Members in good standing, setting the object of the special meeting;
b. At least fourteen (14) days prior (and if a Special Resolution is proposed at least twenty-one (21) days prior) to the special meeting, the Secretary shall mail or deliver to each Member a notice setting forth the date, place, time and purpose of the special meeting;
c. The method of voting, the use of proxies and the quorum required for any special meeting shall be the same as for the Annual General Meetings;
d. Accidental omission to give any notice to any Member or the non-receipt of any notice by any Member or any error in any notice not affecting the substance thereof shall not invalidate any action taken at a meeting held pursuant to such notice or otherwise founded thereon.
3.03. Proceedings at General Meetings
a. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of the Members, shall be dissolved, but in every other case it shall stand adjourned to the same day in the following week at the same time and place;
b. The President, or in his absence, a Vice-President, shall preside at every general meeting of the Society. If neither the President nor a Vice-President be present within a half an hour from the time appointed for the holding of the meeting, the Members present shall choose one of the Members to preside at such meeting;
c. The person presiding may, with the consent of the meeting, adjourn any meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business unfinished at the meeting from which the adjournment took place;
d. At every general meeting every question shall be decided in the first instance by a show of hands, unless before or upon the declaration of the result of the show of hands, a ballot be demanded by at least two (2) Members personally present and entitled to vote. A declaration by the person presiding that a resolution has been carried or carried by a particular majority, or lost, shall be conclusive evidence thereof, without proof of the number or proportion of the votes recorded in favour or against any such resolution. If a ballot be demanded in the manner above mentioned, it shall be taken at such time and place and in such manner as the person presiding may direct, and the result of the ballot shall be deemed to be the resolution of the general meeting at which the ballot was demanded. A demand for a ballot may be withdrawn; e. In case of any dispute as to the admission or rejection of any vote, the person presiding shall determine the same, and such determination made in good faith shall be final and conclusive; f. Notwithstanding anything to the contrary in these By-laws a resolution assented to and adopted in writing under the hands of sixty-five (65%) percent of all the Members entitled to vote thereon, though not passed at a General Meeting, shall be of the same force and effect as if it had been duly passed at a General Meeting duly convened, and no previous notice, or convening of any General Meeting for the purpose of passing such resolution shall in such case be deemed to have been necessary, whether the business transacted thereat is special or not, and a Member may signify his assent to such resolution in writing under his band or by telegram or cable, and such resolutions shall be deemed to have been passed on any date therein stated to be the date thereof.
g. Co-owners may vote by proxy jointly appointed by them, and in the absence of such proxy are entitled to vote on a show of hands; but on any vote ballot each co-owner is entitled to such part of the vote applicable to the Parcel he co-owns as is proportionate to his interest in the Parcel.
3.04. In determining the identity or addresses of members the Secretary shall be entitled to rely upon either (or both) title searches and notifications of ownership given to the Board by Members or their representatives.
4.01.The Board of Directors
a. Each Board member must be a Member (or designate of a corporate Member) in good standing of the Association at the time of his election and throughout his term of office; and a Board member shall ipso facto cease to be a Board member if he dies, is convicted of an indictable offence or is declared mentally incompetent by a court of law, or if he ceases to be a Member (or designate of a corporate Member);
b. If an owner of a Subdivided Lot is a corporation, any one officer, director or other designate of the corporation is eligible to become a member of the Board;
c. Board membership shall commence upon election or appointment to the Board and shall expire at the next succeeding Annual General Meeting, unless prior thereto the Board member resigns, becomes disqualified under clause (a) hereof or is removed under clause (d) hereof. Board members may be re-elected;
d. Vacancies in the Board may be filled by appointment by the remaining Board members to serve until the next Annual General Meeting; provided that a Board may be removed prior thereto by resolution of the Members of the Association at any Special Meeting of the Members duly called for such purpose;
e. The affairs of the Association shall be managed by the Board consisting of not less than three (3) nor more than seven (7) persons;
f. The Officers shall consist of a President, Vice-President, Secretary and Treasurer, and they shall be appointed by the Board from amongst Board members; and the Board may appoint one person to more than one position, and the Board may also remove any officer from office;
g. The number of Board members shall be fixed at each Annual General Meeting;
h. Any member of the Board shall be eligible for re-election to the Board, subject to the limitation set out in Section 4.01 c.;
i. The Board shall, subject to these By-laws and any directions given it by majority vote at any General Meeting properly called and constituted, have full control and management of the affairs of the Association, and meetings of the Boards may be held as often as may be required, but at least once every twelve months, and shall be called by the President or on the instructions of any two (2) members of the Board provided they request the President in writing to call such meeting, and state the business to be brought before the meeting,
j. Meetings of the Board shall be called by ten (10) days notice in writing and mailed to each member or by three (3) days notice by telephone unless waived by all of the members of the Board;
k. A majority of the members of the Board, personally present, shall constitute a quorum at any meeting of the Board;
l. Each member of the Board including the President shall have one (1) vote. In the case of an equality of votes, the President shall not have a second or casting vote and the motion will be deemed defeated;
m. A resolution of the Board in writing signed by all of the members of the Board shall be as effective as a resolution passed at a meeting of the Board duly convened and held.
4.02. Duties and Powers of the BoardExcept as provided in the Act and otherwise in these By-laws, the powers of the Association shall be exercised by the Board, and without restricting the generality of the foregoing, the duties of the Board shall include the responsibilities set out in Article III 2(a) of Schedule “A” together with the following:
a. To facilitate and promote the objects of the Association;
b. To create and define categories of Members;
c. To engage, hire and discharge any employees including administrative employees, in respect to the operation of the Association;
d. To maintain and properly protect the assets and properties of the Association, including, but not limited to the maintenance of the Perimeter Fence constructed along the Rabbit Hill Road and Riverbend Road boundary of the Eagle Ridge Subdivision.
e. To prepare and approve an annual budget consistent with the good management of the Association;
f. To pay all expenses of and incidental to the operation and management of the Association
g. To remunerate or indemnify any persons for services rendered or liabilities incurred in connection with the affairs of the Association;
h. To maintain all accounting and financial records of the Association;
i. To invest and deal with the monies of the Association not immediately required in such securities and in such manner as from time to time may be determined by the Board;
j. To Finance the operations of the Association and to borrow, raise or secure the payment of moneys in such manner as the Board may, from time to time, think fit; provided that no borrowing in excess of $5,000.00 shall be made without prior authorization of the Members in General Meeting, and no debenture shall be warranted unless authorized by Special Resolution;
k. To appoint legal counsel and auditors from time to time;
l. To make rules and regulations for the operation of the Association and the use of its facilities and assets; m. Without in any way abrogating or limiting the general responsibility of the Board, to delegate its powers and duties to any person engaged as
an Administrator of the Association;
n. To set, levy, issue and collect levies, fees, penalties, damages, costs and other recoveries, including;
o. To issue certificates as to Member's position with regard to members’ fees any such certificate to be signed by at least two members of the Board; and any certificate so issued shall estop the Association and all Members from denying the accuracy of such certificate as against any mortgagee, purchaser or other person dealing with the owner of the Parcel to which the certificate relates (but shall not be an estoppel as against the owner of such Subdivided Lot); and
p. To place and maintain third party liability insurance in such amounts and on such terms as the Board may from time to time select, insuring the Members and Board members in respect of the actions and omissions of the Association.
4.03. Board Committees
a. The Board may appoint committees to advise the Board from time to time in respect to the various duties and responsibilities of the Board;
b. Each committee created by the Board shall be headed by one of its members appointed by the President to be Chairman of that committee;
c. Each committee created by the Board shall meet at the call of the Chairman, record minutes of its proceedings, and distribute such minutes to the members of the committee and to the Chairman of all other committees and furnish reports at the request of the President prior to each Board meeting. Unless waived by all of the members of the committee, not less than two (2) days prior notice of the date, place and time of a committee meeting shall be mailed or delivered to each member of the committee;
d. A majority of the members of any committee personally present at a meeting shall constitute a quorum; and
e. Each member of the committee including the Chairman shall have one (1) vote at the meeting of the committee but in case of an equality of votes there shall be no casting vote.
4.04. Officers
a. President: the President shall supervise the affairs of the Association, and be ex-officio a member of all committees. He shall, when present, preside at all meetings of the Association and of the Board. In his absence the Vice-President shall preside at any such meetings, and in the absence of both a chairman may be elected by the meeting to preside thereat;
b. Vice-President: the Vice-President shall assist the President and preside at meetings in the absence of the President;
c. Secretary: it shall be the duty of the Secretary to attend all meetings of the Association and of the Board, and to keep accurate minutes of the same. He shall have charge of the Seal of the Association. In case of the absence of the Secretary, his duties shall be discharged by such person as may be appointed by the Board. The Secretary shall have charge of all the correspondence of the Association and be under the direction of the President and the Board. The Secretary shall also keep a record of all the Members of the Association and their addresses, send all notices of the various meetings as required, and shall collect and receive the annual fees, late payment penalties, damages, recoveries, and other charges levied by the Association, such moneys to be promptly turned over to the Treasurer;
d. Treasurer: the Treasurer shall receive all moneys paid to the Association and shall deposit the same in whatever chartered bank, treasury branch or trust company the Board may order. He shall present a full detailed account of receipts and disbursements to the Board whenever requested and shall prepare for submission to the Annual Meeting a statement duly audited as hereinafter set forth of the financial position of the Association;
e. The officers of the Association shall be appointed for a term of one (1) year or until the next Annual General Meeting whichever first occurs; and
f. Any vacancy arising in any office shall, except as otherwise provided herein, be filled by the appointment by the Board of another member of the Board who shall hold such office until the next Annual General Meeting of the Association.
5.01. The books and records of the Association may be inspected by any Member of the Association at the annual meeting provided for herein or at any other time upon giving reasonable notice and arranging a time satisfactory to the officer or officers having charge of the same. Each member of the Board shall at all times have access to such books and records.
5.02.The books, records and financial statements shall be audited by an auditor, if requested by the Board appointed from time to time by the Board. Such auditor may be a Member and need not be a Chartered Accountant; but he shall not be a member of the Board.
6.01. Any Member shall have the right to vote at any meeting of the Association. The number of votes available to Members is to be determined in accordance with Schedule "A" and these By-laws (Schedule "A" to take precedence in the event of conflict).
7.01. The Secretary shall maintain and have charge of a copy of the Minute Books, the original Minute Books being maintained at the Registered Office of the Association and shall record in the copy or cause to be recorded in the original minutes of all proceedings of all meetings of the Members and of the Board.
7.02. The Board shall see that all necessary books and records of the Association required by the By-laws of the Association are by any applicable statute or laws are regularly and properly kept and filed.
8.01. The Board may, in the name of the Association, adopt a seal which shall be the common seal of the Association and which shall be under the control of the Board and the responsibility for its custody and use from time to time shall be determined by the Board, but in the absence of any specific determination, the Seal shall be preserved by the Secretary who together with the President shall execute and affix the seal of the Association on all contracts of the Association required to be executed under the Seal of the Association.
9.01. Unless authorized at any general meeting and after notice of same shall have been given, no Director, Officer or Member of the Association shall receive any remuneration for services performed in his or her capacity as a Member, Officer or Director. Nothing herein shall derogate from or affect the right of same to receive compensation as administrator for the Association or in respect of same's performance of any Association duties or transactions.
10.01. Each member of the Board, officer and employee shall be indemnified by the Association against any and all liability and reasonable expenses in connection with or resulting from any claim, action, suit or proceeding in which he may become involved as a party, or otherwise by reason of his having been a Director of the Board, officer or employee of the Association except in relation to matters as to which he shall be adjudged with respect to such claim, action or proceeding to be liable for gross negligence or wilful misconduct in the performance of his duty to the Association.
11.01. The by-laws may be rescinded, altered or added to by a Special Resolution of the Association, at a general or special meeting of which at least twenty-one (21) days written notice specifying the intention to propose the resolution as a Special Resolution has been duly given.
12.01. In the event the Association is wound up or dissolved, any surplus of funds shall be paid to such registered and incorporated charitable organizations as the Members by Special Resolution may from time to time determine. In no event shall the Members or any of them become entitled to any of the assets of the Association.
13.01. The signatories to the Association are hereby ratified and confirmed as subscribers to the incorporation of the Association.
14.01. Notices to Members may be given by e-mail to the member’s last known e-mail address notified to the Association, or by delivery to, or by prepaid ordinary mail addressed to, the address of the Member's Parcel; and Notices to Board members may be given by e-mail to the Board member’s last known e-mail address notified to the Association, or by delivery to, or, by prepaid ordinary mail addressed to the Board member's last known address notified to the Association. Notices to the Association shall be given by personal delivery to a member of the Board.
15.01 Capital Replacement Reserve Fund
a. The Directors shall establish a capital replacement reserve fund (the "Fund") to provide a secure long-term source of funding for major repair or replacement of existing capital assets of the Association, and for the approved program of staining and painting of street-facing and walkway-facing fences.
b. The monies of the Fund shall be held in a separate bank account from the operating funds of the Association and shall be invested in low-risk interest bearing instruments. Any interest earned will remain in the reserve fund.
c. The reserve fund study will be reviewed and/or updated at least every 5 years. The first review of the Reserve Fund Study will occur in 2007, the original having been completed in February 2002.
d. For purposes of managing the Fund, major repairs and replacement shall be taken to mean those repairs and replacements that would significantly extend the life of a capital asset and that do not normally occur on a regular annual basis. To the extent possible, the Directors shall set out the intended items of major repair and replacement for the next following year in the annual budget of the Association
e. The Directors shall identify the contribution to the reserve Fund in the annual budget of the Association.
f. Monies from the Fund shall not be used for the purpose of purchasing new or additional capital assets (as opposed to repairing and replacing existing assets) unless:
16.01 Enforcement of Restrictive Covenant and Encumbrance Agreement (Schedule “A”)
a. The Board, in the exercise of its duties under section 4.02 is hereby authorized to:
16.01 These bylaws shall be effective from May 15, 2019
Restrictive Covenant and Encumbrance Agreement No. 9222824317 and Restrictive Covenant and Encumbrance Agreement No.972269165
The Eagle Ridge Homeowner’s Association was established to carry out duties and functions specified in the ERHA Restrictive Covenant and Encumbrance Agreement (the Restrictive Covenant) and generally to provide care and maintenance of Subdivision Features including the Perimeter Fence (Restrictive Covenant: Article 1.17).*
The Perimeter Fence is defined as the fence constructed along the Rabbit Hill Road and Riverbend Road boundary of the Subdivision (Restrictive Covenant: Article 1.12). The Homeowners Association holds an easement on subdivided lots for the Perimeter Fence. The easement is registered at the Land Titles Office. It is referred to as the “Homeowners Association Land Interests” (Article 1.3).
The Perimeter Fence is owned by the ERHA. The ERHA Board has a duty to maintain and protect the Perimeter Fence as an asset and property of the ERHA, and has the power to make rules and regulations for the use of its assets. (ERHA By-Laws: Article 4.02 a. and b.)
The Restrictive Covenant places restrictions about signage on all subdivided lots as follows:
Article 2.3.6 No signs or advertising material, other than “for sale” or “for rent” signs not exceeding four square feet in area shall be placed or kept on any Subdivided Lot, without the prior written approval of the Approving Authority.
“For sale” and “for rent” signs of limited size are allowed on Subdivided Lots. However, as the owner of the Perimeter Fence, the Board of the ERHA has exercised its duty to protect the Perimeter Fence from damage to the extent possible through a program of regular painting and repairs. In addition, it has exercised its power to protect its assets by establishing a policy that prohibits the posting of signs on the Perimeter Fence. “For sale” and “for rent” signs may be posted elsewhere on the sub-divided lot, but may not be posted on the ERHA’s Perimeter Fence.
*The Restrictive Covenant and Encumbrance Agreement is published on the ERHA website. It is annexed to the ERHA by-laws as Schedule A. for ease of reference, relevant extracts from the ERHA By-Laws and Restrictive Covenant are attached here as Appendix 1.
EXTRACTS FROM THE EAGLE RIDGE HOMEOWNERS ASSOCIATION BY-LAWS AND THE RESTRICTIVE COVENANT AND ENCUMBRANCE AGREEMENT
RE SIGNAGE AND THE PERIMETER FENCE
Eagle Ridge Homeowners Association By-Laws
1.02. In the interpretation of these Bylaws (including this Article 1.02), except where excluded by the context,
1.03. These By-laws are subject to and to be construed with the Restrictive Covenant, which governs in the event of any conflict with these By-laws. The purpose and objects of the Association are to carry out the duties and functions provided for in Schedule “A” to be performed or done by the Association and generally to provide for care and maintenance of Subdivision Features in the Eagle Ridge Subdivision as defined in Schedule “A”.
4.02. Duties and Powers of the Board
Between:
MELCOR DEVELOPMENT LTD., (“Melcor”), DESA STORES LTD. (`Desa') and COLUMBUS INVESTMENTS LTD. (“Columbus”) all being corporations incorporated under the laws of the Province of Alberta (hereinafter called the “Developers”)
OF THE FIRST PART
- and -
EAGLE RIDGE HOMEOWNERS ASSOCIATION, a society incorporated under the Societies Act of Alberta with registered office at 3200 Manulife Place in the City of Edmonton, in the Province of Alberta (hereinafter called “the Homeowners Association”)
OF THE SECOND PART
a. The Developers are registered as owner of lands in the City of Edmonton, in the Province of Alberta described in Schedule “A” hereto (each lot on said lands being hereinafter described as a “Subdivided Lot” and all the said lands collectively being hereinafter described as the `Stage One Lands”), as to the said Melcor Developments Ltd. an undivided 29% interest, as to the said Desa Stores Ltd., and undivided 35.5% interest, and as to the said Columbus Investments Ltd., and undivided 35.5% interest;
b. The Stage One Lands are part of a planned development in stages of lands that are herein described as the “Eagle Ridge Subdivision”
c. The Developers wish to develop on the Stage One Lands a residential development for single-family homes, and multi-family homes or condominiums special aspects of which are to be:
d. The Homeowners Association is (or will be) the holder of leases, easements and other rights in, to and over portions of Subdivided Lots within the Eagle Ridge Subdivision, including:
1.1. 'Approving Authority' means:
1.1.2. If the Developers shall no longer beneficially own any Subdivided Lot within the Stage One Lands, the Homeowners Association.
1.3. 'Homeowners Association Land Interests' means:
1.3.1. the easement held by the Homeowners Association on some of the Subdivided Lots within the Stage One Lands (being those identified in Schedule 'A' as bearing Homeowners Association Land Interests) being an easement in writing registered at the Land Titles Office for the Northern Alberta Land Registration District as instrument No. _ ; and
1.6. `Feature Lands' means the lands identified in Schedule “A” hereto as bearing Homeowners Association Land Interests.1.12 `Perimeter Fence' means the perimeter fence constructed or to be constructed along the Rabbit Hill Road and Riverbend Road boundary of the Eagle Ridge Subdivision.1.16 `Subdivided Lot' means any single-family residential lot, semi-detached residential lot or multi-family residential lot.1.17 `Subdivision Features' means the Feature Tower, Entrance Gateway, the Perimeter Fence, and Special Treatments.
THE DEVELOPERS, as registered owners in fee simple of all of the Stage One Lands, and each of the Subdivided Lots within the Stage One Lands, subject to such liens, encumbrances and interests as are notified by a memorandum underwritten, in consideration of the premises and the mutual covenants herein contained, on its own behalf and on behalf of their respective successors in title to each such Subdivided Lot, do accordingly covenant and agree with themselves as registered owners of each of the remainder of the Subdivided Lots within the Stage One Lands described in Schedule hereto, and with the Homeowners Association as the holder of the Homeowners Association Land Interests and with each of their successors in title there to that:
2.1. The land use and occupancy restrictions hereinafter described as being applicable to the Stage One Lands shall be and be deemed to be covenants running with the Stage One Lands and each Subdivided Lot therein and shall enure to the benefit of all other Subdivided Lots in the Stage One Lands, and may accordingly be enforced in respect of any Subdivided Lot for the benefit of which they have been granted by the owner of such Subdivided Lot and by the Homeowners Association.
2.3. The restrictions that shall apply to each Subdivided Lot within the Stage One Lands are the following:
2.3.6. No signs or advertising material, other than “for sale” or “for rent” signs not exceeding four square feet in area shall be placed or kept on any Subdivided Lot, without the prior written approval of the Approving Authority.3.2 Rights and Obligations of the Homeowners Association.
3.2.1. Responsibilities. The Homeowners Association, subject to the rights of the Owners set forth in this Article.
3.2. Shall be responsible for the management and control of all Subdivision Features, and shall keep the same in good, clean and proper condition, order and repair.
3.2.3. Implied Rights. The Homeowners Association may exercise other rights or privileges given to it expressly by this Agreement, its Articles or By-laws, or by law, and every other right or privilege reasonably necessary to effectuate the exercise of any right or privileges granted herein or therein.
16.01. Enforcement of Restrictive Covenant and Encumbrance Agreement (Schedule "A”)
a. The Board, in the exercise of its duties under section 4.02 is hereby authorized to:
A maintenance program was instituted in 2005, where perimeter fences will be stained on a continuous basis with zones assessed yearly, scheduled and paid for by the Association.
Homeowners are encouraged to take the opportunity - when fences in their area are being re-stained - to do the same work (at their own cost) for the parts of their fences that aren't considered perimeter fence.
The fence colours are:
Cascade Pewter: Deep Base 06801 - B3-C1y-F8 per gal
Cascade Ebony: Clear Base 06804 - B13y per gallon
My Favourite Paint Store (Riverbend Square) has the colours on file as Amherst Gray HC167 and Black (custom match) ER #2 - 780-436-9034
Dulux Terra Losa has the colours on file as Eagle Ridge Gray and Eagle Ridge Black - 780-452-0141
For more information about the By-Laws governing this program, please see Architectural Guidelines under Fencing (4.3).
“Reserves “for community associations represent a sum of money that must be set aside to pay for major projects and maintenance of items that are the responsibility of the association (such as landscaping, feature walls, perimeter fences, walkways, and the tower).
A reserve funding plan is a critical component of a community’s maintenance plan and is required by law.
The cost of most “reserve projects” is usually beyond the scope of regular operating budgets, so when it comes to paying for these costs, an improper reserve would force a Board of Directors to levy extra funds from the association homeowners. Special assessments are extremely unpopular and can be difficult to collect. To avoid this unpleasant task, many Boards simply delay maintenance, thinking a year or two more won't matter. But it does…
The Reserve Plan includes a Reserve Study that identifies all major components for which an association has maintenance responsibility. Typically, these components require repair or replacement on a cyclical basis – anywhere between three to thirty years! So, the Study determines each component's useful or expected life, as well as the costs associated with the maintenance of these items during that time frame, and the eventual cost of replacement.
Once the Reserve Study is complete, a Funding Plan then provides a way to systematically collect an appropriate amount of funds from each of the association homeowners, to build reserves that will cover predicted expenses as they arise. By having a Funding Plan in place, the Board of Directors can then arrange for yearly assessments and are typically much smaller and more manageable than would otherwise be.
Reserve Plans Are Fair: Science reserve funds are collected yearly (or monthly) a proportional share of all long-term maintenance and replacement costs is paid by all, whether an owner lives in a community for one year or ten. So subsequent owners no longer get “stuck" with the previous owners’ obligations.
No More Special Assessment: The Reserve Plan identifies every major component and establishes a funding plan so that money can become available from a reserve fund when needed. When a Board follows such a plan, special assessments are rarely required from homeowners.
Continuity: The Reserve Plan philosophy provides guidelines and a thread of continuity that ties one Board to the next, so subsequent Boards are less likely to "raid" the reserve funds for operating expenses.
Reduces Conflict: As the Reserve Plan is devised by an outside consultant, there is less chance for disagreements based on conflicts of interest. Reserve Plans are thus based on the interests of the association’s needs, not that of the individuals who happen to be on the Board at any one time.
Improved Maintenance: As the association can count on having the funds it needs as maintenance and replacement costs arise, overall maintenance improves. More timely maintenance extends the useful life of assets and increases the value of all homes, due to improved curb appeal.
Recommended by Professional Managers: Reserve Planning is recommended by the Community Association Institute, the national educational body for condominium and homeowners associations.
Whether required by law as is the case in Alberta, or as a matter of practicality, the reasons why an association should adopt and maintain a Reserve Plan are indisputable: The Reserve Plan is a keystone in any community’s foundation.
The last Reserve Fund (Wade Engineering) was done in 2017. The Board of ERHA is currently engaging an engineering firm to complete a current Reserve Fund Study.
Currently approved roofing products include untreated cedar shakes, cement tile, select stone-coated steel products, roofing made from recycled tires, and selected colors of metal roofing. NO ASPHALT products are approved for the Eagle Ridge Community. Roofing or colors not listed below must first be approved by the ERHA Board. Homeowners are responsible for ensuring that the product complies with the Architectural Guidelines. If it does not, you will be required to remove and replace at your expense.
The following stone-coated steel products have been approved for use:
1. Metro Roof Products Metro-Shake II Classic in Charcoal, Birch, or Weathered Timber colour.
Sample roofs in the charcoal colour may be viewed in Eagle Ridge at 497 and 507 Heffernan Drive. A sample in the weathered timber colour may be viewed at 8 Loyola Place, St. Albert.
2. Gerard in a Tile Profile in Barcelona or Country Blend colours.
Sample roofs in the Barcelona colour may be viewed in Eagle Ridge at 921 Heacock Road, or at two other homes in Edmonton at 1381 Carter Crest Road and 74 Cormack Crescent. Sample roof in the country blend colour may be viewed in Eagle Ridge at 910 Heacock Road.
3. Euroshield (euroshieldroofing.com)Beaumont Shake, Ranchland Shake, Vermont Slate, Vermont Slate HP, Rundle Slate in colors of driftwood and brown, black and grey.
(Section 3.1 Roof Material amended January 11, 2010 as approved by the Board on January 7, 2010. And further amended April 9, 2022 as approved by the Board on April 5, 2022).
Any additional roofing products and/or colours must be approved by the Board of ERHA prior to installation. All roof stacks, flashings, etc. are to be painted out to match roof colour. All fascia board ends are to be cut within 10 degrees of vertical and are to be a minimum of 12” deep. Rainwater leaders, eaves troughs and fascias should match the trim colour as selected. Overhangs on upper levels are recommended to be 1” to 1’-6”, and on lower levels are to be 2’.
Your personal information will never be shared publicly. The exception would be if you provide your contact information on our Bulletin Board Form.
We won't disclose personal information from answers to questions on the site.
We may, from time to time, ask personal preference questions. You are never required to answer these questions. This data may be used for analyzing neighbourhood demographics, preferences and tastes, or similar "getting to know our neighbours" purposes. We may disclose this data on the site, but never with personal data assigned to the information.
However you choose to interact with our site, we will repect your privacy. ERHA will never wilfully disclose individually identifiable information about neighbours in the ERHA to any third party without first receiving that person's written (or e-mail) permission.
We may catalogue web site traffic patterns throughout the site, including identifying browser and system data. This data, with no personal information attached, may be used to improve the website.
The personal information you provide will be kept in the database until you move out of the neighbourhood.
If you add your e-mail address to our private list, we will send you e-mail with information about the neighbourhood, from time to time. You may add or remove your name and e-mail address by simply sending an e-mail message to the ERHA Webmaster at email@ERHA-web.com, with a description of the change in the subject line. Adding or removing names and addresses is a manual operation, so the changes will take place at the next scheduled update of our e-mail address book and/or website.
We ensure the confidentiality and security of information shown on our web site by maintaining all such information on a separate server. Any other information we have regarding our members is kept on a computer separate from the web server.
Only web page information is on the web server.Security:If have concerns about the policy, please notify us by e-mail at email@ERHA-web.com.
ERHA policies only apply to this site.
This privacy policy only applies while you are on our website. Once you link to another website, you should read that web site's privacy policy before disclosing any personal information. Inclusion of the link to another site does not imply an endorsement of the material on that site. The ERHA does not control these other websites and is not responsible for their content.
We may change anything on this site, including this policy, at any time.
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1.01
These Bylaws shall be construed with reference to the provisions of The Societies Act, R.S.A. 1980, c. S-18, as amended from time to time (or any subsequent governing legislation), and terms used in these Bylaws shall be taken as having the same respective meanings as they have when used in that Act. Notwithstanding anything else herein contained, these Bylaws shall be read subject to the restrictions upon their scope and effect contained in The Societies Act and other applicable statutes and rules of law and equity, and any provisions herein repugnant to such restrictions shall, wherever possible, be severed from these Bylaws, in order that the rest may stand.
1.02
In the interpretation of these Bylaws (including this Article 1.02), except where excluded by the context,
a. words importing the singular number shall also include the plural, and vice-versa;
b. words importing the masculine gender shall also include the feminine;
c. words importing persons shall include corporations;
d. the headings herein are given for convenience only, and shall not affect the interpretation of these Bylaws;
e. these Bylaws shall be interpreted in a large and liberal sense so as to give effect thereto wherever possible;
f. `Act' shall mean the Societies Act R.S.A. 1980, c. S-18 as amended, and any statute that may be substituted therefore;
g. ‘Association' shall mean the Eagle Ridge Homeowners Association.
h. `the Board’ means the Board of Directors of the Association;
i. ‘Melcor' means Melcor Developments Ltd.;
j. ‘By-laws' shall mean the By-laws of the Association as amended from time to time;
k. ‘Developer' means Melcor, Desa Stores Ltd. and Columbus Investment Corp. Ltd.;
l. ‘Director' shall mean any person who has been duly elected or appointed to the Board of Directors by whatever name called;
m. ‘Member' shall mean a member of the Association unless the context requires otherwise;
n. `Registered Office' shall mean the registered office for the Association;
o. ‘Restrictive Covenant' and ‘Schedule “A”' shall each mean either or both the Restrictive Covenant and Encumbrance Agreements bearing Land Titles Instrument Nos. 922 284 317 and 972 269 165, true copies of which are annexed hereto as Schedule “A” ;
p. Members’ fees shall have the same meaning and intent as the ‘Rent Charges’ referenced in Schedule “A”;
q. ‘Persons’ includes an individual, a property owner, a body corporate, a partnership, a joint venture or other association,
r. Perimeter Fence means the perimeter fence constructed along the Rabbit Hill Road and Riverbend Road boundary of the Eagle Ridge subdivision.
1.03
These By-laws are subject to and to be construed with the Restrictive Covenant, which governs in the event of any conflict with these By-laws. The purpose and objects of the Association are to carry out the duties and functions provided for in Schedule “A” to be performed or done by the Association and generally to provide for care and maintenance of Subdivision Features in the Eagle Ridge Subdivision as defined in Schedule “A”.
2.01
Article 3.1 in Schedule “A” are incorporated into these By-laws and are made a part hereof. Without limitation:
a. The Members of the Association shall be those entitled to membership under said Article 3.1 paragraphs 3.1.1 and 3.1.3; provided that until the Developer shall have sold one hundred (100) of the Subdivided Lots (as defined in Schedule “A”), the five signatories to the application for incorporation of the Association and substitutions therefore (if any) made by Melcor shall, notwithstanding Schedule “A”, and notwithstanding anything herein contained, be and continue to be members whether or not they own any interest in any Subdivided Lots. Such signatories shall only cease to be members when the Developers have sold and transferred at least one hundred (100) Subdivided Lots. Save for the said 5 signatories and substitutions therefore, ownership (which may be beneficial ownership) in fee simple of a Subdivided Lot, or a fractional or joint tenant interest therein, is a prerequisite to membership in the Association. No one (save for the said five signatories or other representatives of Melcor appointed hereunder) who is not an owner in fee simple as aforesaid shall be eligible for membership; and everyone who has been but ceases to be such an owner shall ipso facto cease to be a Member. An owner shall be entitled to become a Member forthwith on becoming registered (which may include registration by caveat) as an owner as aforesaid, and his membership shall be recorded by the Secretary upon his providing to the Association's Board satisfactory evidence of such ownership, or the Board otherwise being satisfied of such ownership.
b. Voting rights shall be as set out in said Article 3.1, paragraph 3.1.2 in Schedule “A”.
c. No owner shall be expelled from the Association as long as he continues to be a registered owner.
2.02
Membership Year
Membership year shall be from January 1, to December 31, of each year.
2.03
Notice of Meeting
A Member shall be entitled to notice of and to attend at all meetings of the Members of the Association. Where two or more persons own a Subdivided Lot, a notice given to one such owner shall be deemed to have been given to all such owners.
ARTICLE III: Meetings of the Association
3.01
The Annual General Meeting
a. An Annual General Meeting of the Association shall be held in each calendar year in the City of Edmonton, in the Province of Alberta, on a day to be fixed by the Board from time to time;
b. At least fourteen (14) days prior to the Annual General Meeting the Secretary shall give to each Member a notice setting forth the date, place and time of the Annual General Meeting;
c. The Annual General Meeting shall consider the report of the President, review of financial statements, (which shall set out the Association's income, disbursements, assets and liabilities, and shall comply with the requirements of the Societies Act), appoint such auditors or accountants as may be desired, elect the Board, and transact such other business as may be put before the meeting;
d. A quorum for the Annual General Meeting of the Association shall be the attendance of persons collectively entitled to cast five (5) or more votes;
e. In order to be entitled to vote at the Annual General Meeting, members must be members in good standing and have their annual fees, late payment penalties, damages, recoveries, and other charges paid in full.
f. Unless any two Members demand a ballot vote, all voting at the Annual General Meeting shall be done by a show of hands;
g. Each Member, subject to the limitations in section 3.01 e may vote by proxy. Such proxy should himself be a Member of the Association or an officer or employee of a corporate member, but before voting must produce and deposit with the Secretary a sufficient appointment in writing. The Secretary, or in his absence the Chairman of the meeting, shall have complete discretion to determine whether an appointment or proxy is valid and sufficient;
h. Except as to a Special Resolution, each issue and Resolution shall be decided by a majority of the votes of the Members present or in person or represented by a proxy;
i. Accidental omission to give any notice to any Member or the non-receipt of any notice by any Member or any error in any notice not affecting the substance thereof shall not invalidate any action taken at a meeting held pursuant to such notice or otherwise founded thereon; and
j. At the Annual General Meeting there shall be elected as many Directors as shall be required to fill the vacancies of the Board.
3.02
Special Meetings of the Association
a. Special meetings of the Association shall be called at the direction of the President or upon request in writing of any fifteen (15) Members in good standing, setting the object of the special meeting;
b. At least fourteen (14) days prior (and if a Special Resolution is proposed at least twenty-one (21) days prior) to the special meeting, the Secretary shall mail or deliver to each Member a notice setting forth the date, place, time and purpose of the special meeting;
c. The method of voting, the use of proxies and the quorum required for any special meeting shall be the same as for the Annual General Meetings;
d. Accidental omission to give any notice to any Member or the non-receipt of any notice by any Member or any error in any notice not affecting the substance thereof shall not invalidate any action taken at a meeting held pursuant to such notice or otherwise founded thereon.
3.03
Proceedings at General Meetings
a. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of the Members, shall be dissolved, but in every other case it shall stand adjourned to the same day in the following week at the same time and place;
b. The President, or in his absence, a Vice-President, shall preside at every general meeting of the Society. If neither the President nor a Vice-President be present within a half an hour from the time appointed for the holding of the meeting, the Members present shall choose one of the Members to preside at such meeting;
c. The person presiding may, with the consent of the meeting, adjourn any meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business unfinished at the meeting from which the adjournment took place;
d. At every general meeting every question shall be decided in the first instance by a show of hands, unless before or upon the declaration of the result of the show of hands, a ballot be demanded by at least two (2) Members personally present and entitled to vote. A declaration by the person presiding that a resolution has been carried or carried by a particular majority, or lost, shall be conclusive evidence thereof, without proof of the number or proportion of the votes recorded in favour or against any such resolution. If a ballot be demanded in the manner above mentioned, it shall be taken at such time and place and in such manner as the person presiding may direct, and the result of the ballot shall be deemed to be the resolution of the general meeting at which the ballot was demanded. A demand for a ballot may be withdrawn;
e. In case of any dispute as to the admission or rejection of any vote, the person presiding shall determine the same, and such determination made in good faith shall be final and conclusive;
f. Notwithstanding anything to the contrary in these By-laws a resolution assented to and adopted in writing under the hands of sixty-five (65%) percent of all the Members entitled to vote thereon, though not passed at a General Meeting, shall be of the same force and effect as if it had been duly passed at a General Meeting duly convened, and no previous notice, or convening of any General Meeting for the purpose of passing such resolution shall in such case be deemed to have been necessary, whether the business transacted thereat is special or not, and a Member may signify his assent to such resolution in writing under his band or by telegram or cable, and such resolutions shall be deemed to have been passed on any date therein stated to be the date thereof.
g. Co-owners may vote by proxy jointly appointed by them, and in the absence of such proxy are entitled to vote on a show of hands; but on any vote ballot each co-owner is entitled to such part of the vote applicable to the Parcel he co-owns as is proportionate to his interest in the Parcel
3.04
In determining the identity or addresses of members the Secretary shall be entitled to rely upon either (or both) title searches and notifications of ownership given to the Board by Members or their representatives.
ARTICLE IV: The Government of the Association
4.01
The Board of Directors
a. Each Board member must be a Member (or designate of a corporate Member) in good standing of the Association at the time of his election and throughout his term of office; and a Board member shall ipso facto cease to be a Board member if he dies, is convicted of an indictable offence or is declared mentally incompetent by a court of law, or if he ceases to be a Member (or designate of a corporate Member);
b. If an owner of a Subdivided Lot is a corporation, any one officer, director or other designate of the corporation is eligible to become a member of the Board;
c. Board membership shall commence upon election or appointment to the Board and shall expire at the next succeeding Annual General Meeting, unless prior thereto the Board member resigns, becomes disqualified under clause (a) hereof or is removed under clause (d) hereof. Board members may be re-elected;
d. Vacancies in the Board may be filled by appointment by the remaining Board members to serve until the next Annual General Meeting; provided that a Board may be removed prior thereto by resolution of the Members of the Association at any Special Meeting of the Members duly called for such purpose;
e. The affairs of the Association shall be managed by the Board consisting of not less than three (3) nor more than seven (7) persons;
f. The Officers shall consist of a President, Vice-President, Secretary and Treasurer, and they shall be appointed by the Board from amongst Board members; and the Board may appoint one person to more than one position, and the Board may also remove any officer from office;
g. The number of Board members shall be fixed at each Annual General Meeting;
h. Any member of the Board shall be eligible for re-election to the Board, subject to the limitation set out in Section 4.01 c.;
i. The Board shall, subject to these By-laws and any directions given it by majority vote at any General Meeting properly called and constituted, have full control and management of the affairs of the Association, and meetings of the Boards may be held as often as may be required, but at least once every twelve months, and shall be called by the President or on the instructions of any two (2) members of the Board provided they request the President in writing to call such meeting, and state the business to be brought before the meeting,
j. Meetings of the Board shall be called by ten (10) days notice in writing and mailed to each member or by three (3) days notice by telephone unless waived by all of the members of the Board;
k. A majority of the members of the Board, personally present, shall constitute a quorum at any meeting of the Board;
l. Each member of the Board including the President shall have one (1) vote. In the case of an equality of votes, the President shall not have a second or casting vote and the motion will be deemed defeated;
m. A resolution of the Board in writing signed by all of the members of the Board shall be as effective as a resolution passed at a meeting of the Board duly convened and held.
4.02
Duties and Powers of the Board
Except as provided in the Act and otherwise in these By-laws, the powers of the Association shall be exercised by the Board, and without restricting the generality of the foregoing, the duties of the Board shall include the responsibilities set out in Article III 2(a) of Schedule “A” together with the following:
a. To facilitate and promote the objects of the Association;
b. To create and define categories of Members;
c. To engage, hire and discharge any employees including administrative employees, in respect to the operation of the Association;
div. To maintain and properly protect the assets and properties of the Association, including, but not limited to the maintenance of the Perimeter Fence constructed along the Rabbit Hill Road and Riverbend Road boundary of the Eagle Ridge Subdivision.
e. To prepare and approve an annual budget consistent with the good management of the Association;
f. To pay all expenses of and incidental to the operation and management of the Association;
g. To remunerate or indemnify any persons for services rendered or liabilities incurred in connection with the affairs of the Association;
h. To maintain all accounting and financial records of the Association;
i. To invest and deal with the monies of the Association not immediately required in such securities and in such manner as from time to time may be determined by the Board;
j. To Finance the operations of the Association and to borrow, raise or secure the payment of moneys in such manner as the Board may, from time to time, think fit; provided that no borrowing in excess of $5,000.00 shall be made without prior authorization of the Members in General Meeting, and no debenture shall be warranted unless authorized by Special Resolution;
k. To appoint legal counsel and auditors from time to time;
l. To make rules and regulations for the operation of the Association and the use of its facilities and assets;
m. Without in any way abrogating or limiting the general responsibility of the Board, to delegate its powers and duties to any person engaged as an Administrator of the Association;
n. To set, levy, issue and collect levies, fees, penalties, damages, costs and other recoveries, including;
o. To issue certificates as to Member's position with regard to members’ fees any such certificate to be signed by at least two members of the Board; and any certificate so issued shall estop the Association and all Members from denying the accuracy of such certificate as against any mortgagee, purchaser or other person dealing with the owner of the Parcel to which the certificate relates (but shall not be an estoppel as against the owner of such Subdivided Lot); and
p. To place and maintain third party liability insurance in such amounts and on such terms as the Board may from time to time select, insuring the Members and Board members in respect of the actions and omissions of the Association.
4.03
Board Committees
a. The Board may appoint committees to advise the Board from time to time in respect to the various duties and responsibilities of the Board;
b. Each committee created by the Board shall be headed by one of its members appointed by the President to be Chairman of that committee;
c. Each committee created by the Board shall meet at the call of the Chairman, record minutes of its proceedings, and distribute such minutes to the members of the committee and to the Chairman of all other committees and furnish reports at the request of the President prior to each Board meeting. Unless waived by all of the members of the committee, not less than two (2) days prior notice of the date, place and time of a committee meeting shall be mailed or delivered to each member of the committee;
d. A majority of the members of any committee personally present at a meeting shall constitute a quorum; and
e. Each member of the committee including the Chairman shall have one (1) vote at the meeting of the committee but in case of an equality of votes there shall be no casting vote.
4.04
Officers
a. President: the President shall supervise the affairs of the Association, and be ex-officio a member of all committees. He shall, when present, preside at all meetings of the Association and of the Board. In his absence the Vice-President shall preside at any such meetings, and in the absence of both a chairman may be elected by the meeting to preside thereat;
b. Vice-President: the Vice-President shall assist the President and preside at meetings in the absence of the President;
c. Secretary: it shall be the duty of the Secretary to attend all meetings of the Association and of the Board, and to keep accurate minutes of the same. He shall have charge of the Seal of the Association. In case of the absence of the Secretary, his duties shall be discharged by such person as may be appointed by the Board. The Secretary shall have charge of all the correspondence of the Association and be under the direction of the President and the Board. The Secretary shall also keep a record of all the Members of the Association and their addresses, send all notices of the various meetings as required, and shall collect and receive the annual fees, late payment penalties, damages, recoveries, and other charges levied by the Association, such moneys to be promptly turned over to the Treasurer;
d. Treasurer: the Treasurer shall receive all moneys paid to the Association and shall deposit the same in whatever chartered bank, treasury branch or trust company the Board may order. He shall present a full detailed account of receipts and disbursements to the Board whenever requested and shall prepare for submission to the Annual Meeting a statement duly audited as hereinafter set forth of the financial position of the Association;
e. The officers of the Association shall be appointed for a term of one (1) year or until the next Annual General Meeting whichever first occurs; and
f. Any vacancy arising in any office shall, except as otherwise provided herein, be filled by the appointment by the Board of another member of the Board who shall hold such office until the next Annual General Meeting of the Association.
ARTICLE V: Books and Records Auditing
5.01
The books and records of the Association may be inspected by any Member of the Association at the annual meeting provided for herein or at any other time upon giving reasonable notice and arranging a time satisfactory to the officer or officers having charge of the same. Each member of the Board shall at all times have access to such books and records.
5.02
The books, records and financial statements shall be audited by an auditor, if requested by the Board appointed from time to time by the Board. Such auditor may be a Member and need not be a Chartered Accountant; but he shall not be a member of the Board.
ARTICLE VI: Voting
6.01
Any Member shall have the right to vote at any meeting of the Association. The number of votes available to Members is to be determined in accordance with Schedule `A” and these By-laws (Schedule “A” to take precedence in the event of conflict).
ARTICLE VII: Minutes of the Proceedings
7.01
The Secretary shall maintain and have charge of a copy of the Minute Books, the original Minute Books being maintained at the Registered Office of the Association and shall record in the copy or cause to be recorded in the original minutes of all proceedings of all meetings of the Members and of the Board.
7.02
The Board shall see that all necessary books and records of the Association required by the By-laws of the Association are by any applicable statute or laws are regularly and properly kept and filed.
ARTICLE VIII: Seal of the Association
8.01
The Board may, in the name of the Association, adopt a seal which shall be the common seal of the Association and which shall be under the control of the Board and the responsibility for its custody and use from time to time shall be determined by the Board, but in the absence of any specific determination, the Seal shall be preserved by the Secretary who together with the President shall execute and affix the seal of the Association on all contracts of the Association required to be executed under the Seal of the Association.
ARTICLE IX: Remuneration
9.01
Unless authorized at any general meeting and after notice of same shall have been given, no Director, Officer or Member of the Association shall receive any remuneration for services performed in his or her capacity as a Member, Officer or Director. Nothing herein shall derogate from or affect the right of same to receive compensation as administrator for the Association or in respect of same's performance of any Association duties or transactions.
ARTICLE X: Indemnity
10.01
Each member of the Board, officer and employee shall be indemnified by the Association against any and all liability and reasonable expenses in connection with or resulting from any claim, action, suit or proceeding in which he may become involved as a party, or otherwise by reason of his having been a Director of the Board, officer or employee of the Association except in relation to matters as to which he shall be adjudged with respect to such claim, action or proceeding to be liable for gross negligence or wilful misconduct in the performance of his duty to the Association.
ARTICLE XI: Bylaws
11.01
The by-laws may be rescinded, altered or added to by a Special Resolution of the Association, at a general or special meeting of which at least twenty-one (21) days written notice specifying the intention to propose the resolution as a Special Resolution has been duly given.
ARTICLE XII: Winding Up
12.01
In the event the Association is wound up or dissolved, any surplus of funds shall be paid to such registered and incorporated charitable organizations as the Members by Special Resolution may from time to time determine. In no event shall the Members or any of them become entitled to any of the assets of the Association.
ARTICLE XIII: Signatories
13.01
The signatories to the Association are hereby ratified and confirmed as subscribers to the incorporation of the Association.
ARTICLE XIV: Notices
14.01
Notices to Members may be given by e-mail to the member’s last known e-mail address notified to the Association, or by delivery to, or by prepaid ordinary mail addressed to, the address of the Member's Parcel; and Notices to Board members may be given by e-mail to the Board member’s last known e-mail address notified to the Association, or by delivery to, or, by prepaid ordinary mail addressed to the Board member's last known address notified to the Association. Notices to the Association shall be given by personal delivery to a member of the Board.
15.01 Capital Replacement Reserve Fund
a) The Directors shall establish a capital replacement reserve fund (the "Fund") to provide a secure long-term source of funding for major repair or replacement of existing capital assets of the Association, and for the approved program of staining and painting of street-facing and walkway-facing fences.
b) The monies of the Fund shall be held in a separate bank account from the operating funds of the Association and shall be invested in low-risk interest bearing instruments. Any interest earned will remain in the reserve fund.
c) The reserve fund study will be reviewed and/or updated at least every 5 years. The first review of the Reserve Fund Study will occur in 2007, the original having been completed in February 2002.
d) For purposes of managing the Fund, major repairs and replacement shall be taken to mean those repairs and replacements that would significantly extend the life of a capital asset and that do not normally occur on a regular annual basis. To the extent possible, the Directors shall set out the intended items of major repair and replacement for the next following year in the annual budget of the Association
e) The Directors shall identify the contribution to the reserve Fund in the annual budget of the Association.
f) Monies from the Fund shall not be used for the purpose of purchasing new or additional capital assets (as opposed to repairing and replacing existing assets) unless:
i. The removal of the monies for that purpose is set out in a resolution and approved by a majority vote at a specially convened and properly constituted meeting of members; and,
ii. After removal of the monies pursuant to the resolution, the Fund would still contain sufficient funds to meet the objectives described in Paragraph 15.01 (a).
ARTICLE XVI Enforcement of Restrictive Covenant and Encumbrance Agreement (Schedule “A”)
16.01 Enforcement of Restrictive Covenant and Encumbrance Agreement (Schedule “A”)
Article XVII Effective date of bylaws
16.01 These bylaws shall be effective from May 15, 2019
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