Definitions

1  In this Act:

"association" means an association incorporated under section 3;

"bylaws" means the bylaws of an association;

"mountain resort area" means a mountain resort area established under section 2;

"municipality" means a municipality as defined in the Community Charter;

"owner" means

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

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

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

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

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

Mountain resort areas

2  (1)  The minister may by order establish an area of British Columbia within a municipality or a regional district as a mountain resort area.

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

(a) the area offers year-round recreation facilities including overnight accommodation and ski lift operations or that the ski area operator in the area has entered into a development agreement with the government with respect to recreational, residential and commercial facilities, and

(b) the council of the municipality in which the area is located, or, in the absence of a municipality, the board of the regional district in which the area is located, has approved the establishment of the mountain resort area.

Mountain resort associations

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

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

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

(4)  The name of an association must include the words "Mountain Resort Association".

(5)  The first bylaws of an association must be

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

(b) filed with the Registrar of Companies.

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

(a) the order under subsection (1);

(b) the bylaws referred to in subsection (5);

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

(d) a notice of the address of the association.

Purposes and powers of association

4  (1)  The purposes of an association are to promote, facilitate and encourage the development, maintenance and operation of a mountain resort area.

(2)  An association may acquire and dispose of real and personal property.

Membership in association

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

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

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

(a) owns or carries on business in the mountain resort area,

(b) is an occupier of resort land,

(c) is an agent of an owner of resort land, or

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

Application of Acts

6  (1)  The Business Corporation Act does not apply to an association.

(2)  The following provisions of the Society Act apply to an association:

(a) all of section 1 except

(i)  the definitions of "ordinary resolution" and "special resolution", and

(ii)  the definition of "filed", which definition applies, in this Act, only for sections 3 (5) (b) and (6) and 9 of this Act;

(b) all of Part 1 except sections 2, 3, 6, 7, 14, 17, 18 and 19;

(c) section 23;

(d) all of Part 3 except sections 30 and 31;

(e) all of Part 4 except sections 32 (2), 35 (3) and 38;

(f) all of Part 5;

(g) all of Part 6 except section 64;

(h) all of Part 9 except section 83;

(i) all of Part 11 except section 100;

(j) [Repealed 2004-27-24.]

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

(4)  An association is deemed to be a reporting society under the Society Act in respect of those provisions of that Act specified under subsections (2) and (3).

Bylaws

7  (1)  An association may make bylaws that may include provisions for

(a) classes of membership,

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

(c) voting rights of members, and

(d) levying of assessments on members.

(2)  The bylaws may only be added to, amended or repealed in accordance with their provisions and section 23 of the Society Act and with the approval of the minister and the council of the municipality in which the resort land is located or, in the absence of a municipality, the board of the regional district in which the mountain resort area is located.

(3)  The bylaws bind the association and its members to the same extent as if the bylaws had been signed and sealed by the association and each member and contained covenants on the part of the association with each member and on the part of each member with every other member and with the association to observe and perform all the provisions of the bylaws.

Oppressive acts

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

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

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

Notation on title

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

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

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

(3)  In the event of any delay, omission, mistake or misfeasance by the registrar or his or her employees in relation to making a notation under subsection (1),

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

(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and

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

for any loss or damage sustained by any person because of the delay, omission, mistake or misfeasance.

Levies

10  (1)  An assessment levied under the bylaws constitutes a debt.

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

(a) in respect of the Crown leases and rights of way on the resort land, file with the Ministry of Environment, Lands and Parks a certificate showing the amount owing, and

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

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

(4)  The association must, on satisfaction of the debt, file with the Ministry of Environment, Lands and Parks or the registrar, as the case may be, a release in a form acceptable to that ministry or the registrar.

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

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

Power to make regulations

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