Bylaw's (Currently in Review)

Preamble

Private Road

 A private road is a roadway that connects private property to a Township Road providing driving access to the owner’s property.

o The private road community property owners are responsible for the maintenance

of the road and bear some measure of liability for safe passage.

o The cost of building and maintaining the road is not covered by the

Township/Municipality.

 A private road may be owned in segments (parcels) by one or more individual property

owners; each owning the piece adjacent to or crossing their property.

o Ownership of the road reflects the way in which the original parcel of land was subdivided.

o Owners who must pass over another person’s property to access their own

property normally have a deeded ‘right of way’ over the road.

 The owner of the road is liable for injuries or damages resulting from proven negligence in maintaining the road.

o In practice, the property owners of the community serviced by the road and their

Road Association take responsibility for road maintenance.

o The fact that the individual property owner does not own the road does not provide protection from a suit for damages.

o It is recommended that property owners on a private road should obtain, from their own personal insurance provider, written confirmation that their homeowners or cottage insurance policy will provide them with liability coverage in the event that

they are named in a claim arising from an incident occurring on their private or

common access road. At minimum a private road association should have a written constitution

 The document should show the date of the resolution adopting the constitution

 The Name of the association

 The operating dates

 The number, titles and responsibilities of the officers

 How the officers are elected and the length of a term

 The association purpose and objectives. For example: To maintain the private road in

good repair, including replacement of surface materials, grading, bush clearing, ditching,

signage, snow removal and all other measures deemed necessary by the Board of

Directors to make passage on the road safe.

 By-laws need to also cover such matters as rules of conduct on the road (speed, giving

way, types of vehicles, safety measures) and payment of fees (levy)

 Definition of who is a member

 The ESPOA Bylaws were created using the rules of conduct already recognized by our

membership and suggested rules of conduct from other road associations

Fee Collection

Always a difficult Association topic. To avoid exposure to claims of libel, insurers strongly

recommend against the posting of names of members whose fees are outstanding. In the

unfortunate event that collection of fees requires further action, the court system (Small Claims Court) offers an alternative to a Collection Agency and minimizes exposure to claims of libel and slander.

(From: Risk Management and Insurance for Road Groups, Cade Insurance)

Unjust Enrichment

1. Unjust Enrichment occurs what Party A (plaintiff) confers a benefit upon Party B (defendant)

without Party A (plaintiff) receiving the proper restitution required by law. The basis for the

claim is that the defendant was enriched at the plaintiff’s expense without juristic reason

2. Juristic Reason means a reason/explanation based upon law for the enrichment of one at the

detriment of another.

3. As per the Supreme Court of Canada, to successfully claim unjust enrichment against

another person, the claimant must prove three things:

 The person received a benefit

 The claimant suffered a loss corresponding in some way to the benefit

 There was no juristic reason for the benefit and the loss

4. As per the FOCA summary of 2014 the courts will support the associations claim for unpaid

fees but only if they have a documented rules of conduct (by-laws) regarding the collection

of fees

As per the FOCA2022 Report

 Cottage/Property values in Ontario increased by 60% between February 2020 and

September 2021

 67% of owners have owned their property for 15 of more years

 30% of owners work from their cottage either on a full time or a part time basis

As per the FOCA 2019 Road Survey

 Top three issues for road associations are

o 43% General Maintenance (grading, overhangs, agreeing on priorities)

o 37% Usage (winter use, commercial use, non-resident use)

o 26% Budgeting, costs and/or Fee Collection

 Only 4% of Private Road Associations have more than 100 members

 Only 23% of road associations maintain more than 5kms. of roadway

 Only 9% of road associations share maintenance with other road associations

 74% of road associations cite drainage as their major issue

 92% of the road associations report that the cost of maintaining the road way has

increased since 2015 with

o 21% reported increases of 10 – 30%

o 6% reported increases of more than 30%

 Only 45% of roads meet the emergence vehicle standard requirements

 43% of roads are 4.5 – 7.5 metres wide

Why should you plow?

Year-Round Accessibility

 Required by emergency vehicles

 Unless you carry basic insurance (Fire and Extended Coverages) year-round

maintenance is required to meet your insurer’s terms and conditions for coverage

 Required by mortgagees

 The Municipality of Dysart et al does not have a zoning bylaw that prohibits year round

occupancy

PROPOSED ESPOA By-Laws

Article I - Name & Purpose

1. Name

a. The name of the statutory road association shall be the East Shore Property Owners

Association. The following roads form the East Shore Property Owners Association:

i. Boice Bradley Drive from County Road 14 to Redken Drive

ii. Bay Breeze Lane

iii. Bumpyroad Lane

iv. Fisherman’s Trail

v. Gracas Trail

vi. Kettle Trail

vii. Merganser Trail

viii. Ocean Lane

ix. Seagull Lane

x. White Fawn Trail

xi. Any new roads as approved by the East Shore Property Owners Association Board of

Directors.

b. Property owners of all roads within the jurisdiction of the association are mandated to be

members of the East Shore Property Owners Association

c. The association was established in 1958.

2. Purpose

a. The purpose of the Association is to manage and maintain the private roads within the East

Shore Property Owners community as defined it Article 1, Item 1.

b. The Association shall collect money from its’ members to fund year-round maintenance of

the roads.

c. To preserve community by providing a community forum to discuss the needs and methods

for road maintenance

d. To ensure an equitable forum for all property owners

e. As the purpose of the association is the care, control and maintenance of the roadway only

and because the association does not maintain ownership of the roadway lands, the

association therefore cannot become a Homeowners Association or a Condominium Board

Association

3. Vehicle and Pedestrian Access

a. The roadway cannot be changed or altered from its’ current formation

i. Changes to the roadway formation requires permission from the Board of Directors

and the affected property owner(s)

ii. the roadway shall be subject to a perpetual, nonexclusive easement for ingress and

egress granting access to all property owners and their occupants, agents, employees, guests, services, and emergency vehicles as per the access details provided in each individual owner’s land title deed

iii. No member or any of their employees, guests, contractors or other invitees shall in

any way prohibit, restrict, limit or in any matter interfere with normal ingress and

egress and use of the road except temporarily due to road maintenance or emergency road repairs

iv. Should an employee, guest, contractor or other invitee of a member damage the

road, the member will be responsible for the cost of repairing the damages

b. The East Shore Property Owners Association will maintain the road in good repair, in as

much as budget will allow

c. The East Shore Property Owners Association cannot borrow funds and/or take on

loans/mortgages to cover the cost of maintenance, construction or repair of the roadway

d. In as much as budget allows, Good Repair for the Main Roads shall be defined as

i. navigable at 10kms per hour

ii. roadway wide enough for two vehicles to safely pass in places

iii. replacement of surface materials as required

iv. pothole repair and rock removal as required

v. grading

vi. bush clearing

vii. ditching and culvert installation/repair as required

viii. signage

ix. tree removal

x. snow removal

xi. any other measures as deemed necessary by the Board of Directors to make

passage on the road safe

e. Springtime use of the road

i. The roadways are soft for a few weeks after the winter thaw and not suitable for heavy vehicles

ii. Members authorizing the use of an employee, guest, contractor or other invitee using a heavy vehicle will be responsible for the cost of repairing the damages incurred

iii. A heavy vehicle is defined as any vehicle that has a gross vehicle mass (GVM) or

aggregate trailer mass (ATM) of more that 4.5 tonnes

f. Emergency Repairs

i. In case of emergency repairs over and above the normal maintenance, the President

must be notified immediately

ii. The President, with the agreement of the Board, has the authority to spend up to

$25,000 or the remaining available funds, which ever is less, to facilitate an emergency repair

iii. The Board of Directors shall notify all members of the East Shore Property Owners

Association of the necessary repairs including the estimated cost to cover the cost of

the emergency repair

iv. Should the cost of emergency repairs exceed the association budget, with

membership approval, the President may request an additional assessment. If the

membership is opposed to paying an additional assessment the Board of Directors

may decide not to make the required repairs.

g. The East Shore Property Owners Association is not responsible for the maintenance of

individual driveways

h. Additionally, it is recognized that a portion of the ESPOA roadway may also be used to:

i. Provide access to the Blair Sand and Gravel pit

ii. Provide access to the Preacher’s Lane Cottage Association

iii. Provide access to the Haliburton Forest Reserve properties

PROPOSED ESPOA By-Laws

Article II - Membership Meeting and Voting

1. Annual General Meeting

a. The fiscal year of the Association shall be from September 1st through to August 31st of the following year

b. The East Shore Property Owners Association shall hold an Annual General Meeting

i. Specific date, time and location to be posted at the “Y” no later than 30 days prior to the meeting date

ii. Specific date, time and location to be posted online (www.espoa.ca) no later than 30 days prior to the meeting date

iii. Historically the meeting is held on the Sunday of the Labour Day Weekend

c. The meeting agenda will include

i. A financial statement detailing the current financial status

ii. A proposed maintenance program for both the long term and short term

iii. A recommendation for the annual levy based on the proposed maintenance

program

iv. Members in Good Standing may submit requests for additional meeting topics to the President at any time

v. Not all meeting topics/subjects require membership input may be addressed by the President and or the Board of Directors on an individual basis as required

d. All property owners may attend the ESPOA meeting(s)

e. Only Members in Good Standing have voting privileges

f. Only one member per household may vote

g. Membership must approve the annual levy

h. Majority rules, in most cases a vote requires 51% of participating members in good standing to pass

i. On occasion it may be determined by membership that a significant change requires a higher percentage of agreement in order for a motion to go into effect. Should that be the case, the voting percentage must be included in the motion

j. Changes to the East Shore Property Owners Association Purpose (as described in Article 1, section 2) will require consent from 67% members in Good Standing to pass

k. Changes to the East Shore Property Owners Association Bylaws, Policies and Procedures

(this document) will require consent from 67% members in Good Standing to pass

2. Additional Meetings

a. With minimum of 30 days notice an additional meeting and/or meetings can be requested

i. The specific date, time and location must be posted at the ‘Y’

ii. The specific date, time and location must be posted online at www.espoa.ca

iii. For ease of attendance, an online meeting format may be used

3. Online Voting

a. From time to time and for the purpose of tracking and accountability the East Shore

Property Owners Association may use an online voting format

b. Online voting will comply with the same guiding principals as an in-person meeting

i. Only members in good standing may vote

ii. Only one vote per household

iii. Majority rules, a vote requires 51% of participating members agreement to pass

iv. On occasion it may be determined by membership that a significant change requires a higher percentage of agreement in order for a motion to go into effect. Should that be the case the voting percentage must be included in the motion

v. Changes to the East Shore Property Owners Association Purpose (as described in Article 1, section 2) will require a 67% membership agreement to pass

vi. Changes to the East Shore Property Owners Association Bylaws, Policies and

Procedures (this document)) will require a 67% membership agreement to pass

vii. The results of online votes will be posted to the website: www.espoa.ca and must also be added as an addendum to the AGM Minutes

4. Quorum

a. Definition Here

PROPOSED ESPOA By-Laws

Article III – Definition of a Member

1. Membership shall be defined as

a. Any property owner/parcel with an address assigned by the Township of Dysart et

al on the following roadways:

1. Boice Bradley Drive

2. Bay Breeze Lane

3. Bumpyroad Lane

4. Fisherman’s Trail

5. Gracas Trail

6. Kettle Trail

7. Merganser Trail

8. Ocean Lane

9. Seagull Lane

10. White Fawn Trail

b. Any property owner who derives a benefit from any of the maintained road or

roads as described in Article II, Section 1a will be deemed a member of the East

Shore Property Owners Association

c. Each property is assessed and granted:

One (1) vote regardless of the number of owners. If a property is owned by more than one person, all of the owners of the property will collectively be referred as the “parcel owner” for purposes of this agreement, and will be entitled to one collective vote i.e. each parcel represents one vote in the matters covered by this agreement

d. Definition of a parcel

i. A parcel is defined as a land entity having a lot number as indicated on the Real

Estate map available at the Dysart et al Municipal Office.

ii. The term parcel owner and the term property owner may be used interchangeably in these Bylaws

e. Future Parcels

i. Any additional parcels gaining access to the Private Road by way of splitting existing parcels will be bound by all terms and conditions of this agreement, and will be required to pay the annual fee

ii. When a parcel is being sold on a land contract, the land contract vendee shall be deemed the owner of record.

2. Members in Good Standing

a. A member in ‘Good Standing’ shall be defined as:

i. any member whose levy is current (Paid in Full as of August 31st of the current year)

ii. Only Members in Good Standing may vote on any issue

iii. Only Members in Good Standing may vote at the Annual General Meeting

iv. Members in Good Standing can request maintenance of the roadway crossing their property

v. Members in Good Standing may request Board Meeting and/or AGM agenda items

b. Members in Good Standing will be covered by our Commercial General Liability insurance

3. Members responsibilities

a. Members are required to pay an annual levy as set by and agreed to by membership vote at the Annual General Meeting

b. Members will review and approve the annual levy. The annual levy will cover:

i. Maintenance (grading, existing culvert repairs, gravel replacement, ditching and

winter maintenance)

ii. Insurance

iii. Hydro

iv. Contingency Fund

c. The Board of Directors will maintain the road within the budget. Should the cost of repairs to the road exceed the annual levy, all members shall be required to pay an additional amount

d. The annual levy is due September 1st of each year

e. The levy will not be pro-rated or refunded if ownership changes mid-term

f. Members are responsible for updating their current contact information. This can be done via mail or through our website (www.espoa.ca)

g. Members are encouraged to perform light maintenance of the roadway that passes

across/through/behind their property (removal of branches, small rocks, brush etc.)

h. All other maintenance issues should be brought to the attention of their assigned Road

Warden

i. Members are encouraged to participate in;

i. the maintenance work days

ii. attend the Annual General Meeting

iii. any additional meetings as called by the Board of Directors

j. No member has the authority to block the roadway

k. No member or any of their employees, guests, contractors or other invitees shall in any way prohibit, restrict, limit or in any matter interfere with normal ingress and egress and use of the road

NOTE: should a member, guest, contractor, employee or other invitee need to block the

roadway they must notify the Board of Directors of their intended plan of action so that

membership can be duly advised

l. Should an employee, guest, contractor or other invitee of a member damage the road, the East Shore Property Owners Association member will be responsible for the cost of repairing the damages

m. No member has the authority to change and/or alter the current road formation

n. Requests for changes/alterations must be approved by the Board of Directors as well as the owners of the property(ies) affected

o. If any Member performs improvements, maintenance repairs, or replacements without the approval of the Board of Directors prior to performing such work, the member performing such work shall not expect compensation from the East Shore Property Owners Association

p. No member has the authority to borrow funds or enter into loan agreements on behalf of the association

q. No member has the authority to enter into service/maintenance contracts on behalf of the association

r. Review of this document - The membership agrees to review this document every five years to ensure and confirm that all bylaws, policies and procedures are current and represent the current activities and actions of our membership

PROPOSED ESPOA By-Laws

Article IV - Board of Directors

1. The Board of Directors shall exercise general supervision over the management and maintenance of the roadway network as defined in Article I, Section 1a.

2. The Board of Directors shall be comprised of seven members:

President

Vice President

Secretary

Treasurer

Communications

North End Road Warden

South End Road Warden

3. If a seven member board is not feasible the association can reduce the board to three members as follows;

a. President/North-South Road Warden

b. Secretary/Vice President/Communications

c. Treasurer

d. All other rules of conduct as outlined in this document will apply

4. If a Board position becomes vacant mid term, the Board of Directors can appoint a member to fill the position until the next AGM or the remainder of the term

5. Each member of the Board of Directors shall serve a term of two years

6. To ensure continuity and institutional knowledge the Board Members position terms will be

staggered as follows:

a. President, Secretary, Communications, South End Road Warden to be elected in Odd Years

b. Vice President, Treasurer and North End Road Warden to be elected in Even Years

7. Any member of the association in Good Standing can nominate any other Member in Good

Standing for a Board position.

a. Nominees receiving the highest number of votes will be elected.

b. If there are multiple nominees, a ballot form naming all nominees will be used

c. The Secretary/Vice President will oversee the election process and count votes (if required)

d. An online voting format can be used

8. Non-Members (person/persons with no land ownership on the Boice Bradley Road Network aka East Shore Property Owners) are not eligible for a position on the Board of Directors

9. Members not holding a Membership in Good Standing designation are not eligible for Board

Membership.

10. Board Members who lose their Membership in Good Standing designation must resign

11. Directors must hold an Annual General Meeting

12. The Directors may call additional meeting(s) if deemed necessary

13. Additional Board of Directors meetings may be called and may take place either in person,

conference call or online format

14. Only with a majority vote of the Board Members can a motion be brought to the membership for a vote

15. Only with a majority vote of the Board Members can the Board spend or enter into a contract with a service provider an amount up to 25% of the available funds, excluding the contingency fund without having to go to the membership for a vote

16. The Board of Directors shall meet annually one (1) month prior to the annual meeting of the

property owners.

17. The Board of Director meetings may take place either in person, via telephone, or via online.

18. Other meetings may be called as deemed necessary.

19. Responsibilities of the Board of Directors

a. To determine what repairs and maintenance are needed each year for upkeep of the roads

b. to oversee future planning of road improvements/changes

c. may appoint other members/professionals to advise on the required repairs and

maintenance of the road

d. is committed to finding the best and most financially viable options for maintaining the

roadway as defined in Article 1, Item 3d

e. to make recommendations to the Membership at the Annual General Meeting

f. The Board of Directors shall collect unpaid levies on behalf of the association

20. Review of this document - The Board of Directors agree to review this document at the beginning of each director’s term and together not less than every five years to ensure and confirm that all bylaws, policies and procedures are current and represent the current activities and actions of our membership

21. The Board of Directors shall obtain and maintain on a yearly basis, a policy of liability insurance for decisions made by them (Directors and Officers Insurance).

a. Additionally, the policy shall protect the Committee Members appointed by the Board of

Directors

b. Such insurance shall be maintained in the amount of not less than two million ($2,000,000) Canadian dollars

22. The Board of Directors shall obtain and maintain on a yearly basis, a policy of Commercial GeneralLiability insurance for the benefit and protection of the Association Directors and Members in Good Standing from liability arising from the use of the defined roadways by any third party

a. Such insurance shall, unless the same is not obtainable, be maintained in the amount of not less than five million ($5,000,000) Canadian dollars

b. All Members in Good Standing of the Association will be covered under this policy

23. The Board of Directors has the authority to enter into agreements or contracts agreed to by the membership on behalf of the membership

24. The Board of Directors may not receive any financial benefit from their position with the exception of expense reimbursement. Additionally, all expenses must be approved for reimbursement prior to expenditure

Article V - Powers and Duties of the Board of Directors

1. The President

a. is the Chairperson of the Association

b. The President can recommend/form/appoint advisors and/or ad hoc committees as required

c. The President shall preside over all meetings of the Board of Directors, any ad hoc

committees and all membership meetings

d. The President may appoint a representative to lead any ad hoc committee

e. In the absence or inability of the President to perform any of the duties imposed on him/her the Vice President may exercise all the powers of the President by order of the Board

f. The president will provide leadership and guidance to the Board of Directors and Association Members

g. Final warning for an unpaid levy will come from the President

h. The president will represent the Association in official matters

i. The President, with the agreement of the Board, has the authority to spend up to $25,000 or the remaining available funds, which ever is less, to facilitate an emergency repair

j. The President will have signing authority on all Association bank accounts

k. The President has the joint authority to approve payment of Association expenses

l. The President has no authority to borrow funds or enter into loan agreements on behalf of the association

1. Vice President

a. Will assume the duties of the President in their absence and if deemed necessary by order of the Board, may exercise all the powers of the President

b. Will assist the President in their duties

c. May oversee specific projects or committees as assigned

d. In the absence of the President, the Vice President with the agreement of the Board, has the authority to spend up to $25,000 or the remaining available funds, which ever is less, to facilitate an emergency repair

e. The Vice-President has no authority to borrow funds or enter into loan agreements on behalf of the association

2. The Secretary

a. The Secretary shall record the minutes of the meeting(s)

b. The secretary shall maintain the records (minutes) of the association

c. The Secretary shall supervise and record the votes on voting items

d. The Secretary shall record the names of attendees for both in person and online meetings

e. The Secretary will prepare the meeting agendas as required

f. The Secretary will prepare all documentation/meeting package for the AGM

g. The Secretary will maintain a New Membership Package for distribution to new members

h. The Secretary shall conduct the necessary correspondence to the members

i. When approved by membership, the secretary shall amend the bylaws as required

j. In the absence of a President and Vice President the Secretary, if deemed necessary by order of the Board, may exercise all the powers of the President

k. Other duties requested by the Directors

l. The Secretary has no authority to borrow funds or enter into loan agreements on behalf of the association

3. The Treasurer

a. Manages the financial affairs of the Association

b. Oversees the record keeping of the association’s finances including the details of member’s payments

c. maintain a record of members names, addresses (postal & e-mail)

d. Oversees deposit of all money for the East Shore Property Owners Association

e. Oversees the payments of all approved payables

f. The Treasurer can select the bank of his/her choice

g. Both the President and the Treasurer will have signing authority on the bank account

h. Upon the President’s approval he/she shall write cheques for payment of services provided (additionally online banking solutions may also be used)

i. The Treasurer shall provide a financial report to the members at the end of the fiscal year.

j. The Treasurer, as directed by the Board of Directors and membership input shall prepare annual budgets including:

i. proposed property owner levies to support the road maintenance obligations including the for repair, rebuilding and restoration of the road ways

ii. contingent/reserve funds

k. The Treasurer has no authority to borrow funds or enter into loan agreements on behalf of the association

4. Communications Director

a. Maintain and update the East Shore Property Owners website www.espoa.ca

b. Maintain the contact information for members

c. Will work with the Secretary to provide membership communications

d. Will work with the Treasurer to collect payment

e. Assist in the preparation of communication materials and will facilitate communication strategies to keep members informed about road maintenance

f. Will be responsible for managing online voting processes as described in

Article II - Membership Meeting and Voting, Item 6

g. Will provide the Board of Directors with the written results of online voting

h. Once reviewed by the Board of Directors will post results on the website for membership to view

i. Online voting results must be added to the Secretary’s minutes

j. Will report to the Board of Directors inquiries and questions submitted by members and nonmembers through the website portal

k. Collaborate with the Board of Directors to ensure timely and accurate information dissemination

l. Other duties requested by the Directors

m. The Communications Director has no authority to borrow funds or enter into loan agreements on behalf of the association

5. North End and South End Road Wardens

a. North End Road Warden will be responsible for:

i. Boice Bradley Road from Fisherman’s Trail to Redken Road

ii. Merganser Trail

iii. Ocean Lane

iv. Kettle Trail

b. South End Warden will be responsible for:

i. Boice Bradley Road from County Road 14 to Fisherman’s Trail

ii. Bay Breeze Lane

iii. Bumpyroad Lane

iv. Fisherman’s Trail

v. Gracas Trail

vi. Seagull Lane

vii. White Fawn Trail

c. The Road Wardens will advise the Board of Directors of

i. current road conditions

ii. any road issues as they occur

iii. collaborate with the Board of Directors to advise and recommend necessary repairs

d. Collaborate with each other in order to provide an overall Road Plan for the current conditions and any future maintenance

e. Be the first contact for members regarding road issues

f. Other duties requested by the Directors

g. The Road Wardens have no authority to borrow funds or enter into loan agreements on behalf of the association

6. Advisors to the Board

a. Advisors provide valuable expertise and may attend Board Meetings but do not have voting rights on official matters

b. Advisors shall serve a term of two years

c. Advisors are appointed by the Board of Directors base on their expertise and commitment to the well-being of the community

d. The Board reserves the right to remove an advisor if their performance is deemed

unsatisfactory or if their services are no longer required

e. Advisors have no financial authority. They can not spend association funds nor do they have the authority to bind the East Shore Property Owners Association to any contract for service

f. Advisors must follow the Rules of Conduct as outlined in the by-laws of the East Shore Property Owners Association

7. Required Advisors

a. Winter Supervisor

i. Preferably the Winter Supervisor would be a full-time resident of the community

ii. Oversees and coordinates the winter maintenance

iii. Monitors weather conditions and provides recommendations for winter road

management

iv. Acts as a point of contact for members regarding winter related concerns

v. Will advise the President of the plowing/sanding requests

b. Any other advisor as required by the Board of Directors

8. Ad Hoc Committees

a. as the members and/or directors agree, various Ad Hoc Committees can be formed

b. The President will call and preside over all Ad Hoc Committee meetings unless the President appoints someone else to lead the committee.

c. Ad Hoc Committee members are volunteers, they are not elected positions

d. Ad Hoc Committees will advise and report to the appointed Board Member

e. Ad Hoc Committee members or their appointee may attend Board Meetings but do not

have voting rights on official matters

f. Depending on the committee task, meeting minutes and/or summation report(s)

may be required

g. Ad Hoc Committees have no financial authority. They can not spend association funds

unless directed by the Board of Directors

i. Should a budget be required by an Ad Hoc Committee the committee shall appoint a treasurer to manage the funds

ii. The Ad Hoc Committee Treasurer will provide regular financial updates to the Board of Directors

h. Depending on the committee task Ad Hoc Committees must follow the Rules of Conduct as outlined in the by-laws of the ESPOA as described in:

i. Article IV – Board of Directors

ii. And if applicable to the assigned task Article V – Powers and Duties of the Board of Directors

i. Ad Hoc Committees do not have the authority to bind the East Shore Property Owners Association to any contract for service

j. Ad Hoc Committees must follow the Rules of Conduct as outlined in the by-laws of the East Shore Property Owners Association

Article VI - Collection of Annual Levy

1. The annual levy is due September 1st of each year

2. Notifications and reminders will be posted on the East Shore Property Owners Association website

(www.espoa.ca)

3. The first notice of payment due will be posted with the Notice of Annual General Meeting

4. The second reminder will be posted on the East Shore Property Owners Association website

www.espoa.ca the first week of October

5. The third reminder will be posted East Shore Property Owners Association website www.espoa.ca the first

week of November

6. For all missing payments after November 15th emailed payment request will be emailed to each,

individual, unpaid Member

7. Members requiring mailed invoices for payment will be charged an additional $10 per invoiced billing

8. Members with unpaid balances at the end of the calendar year will have their contact information

forwarded to the Board of Directors for collection

9. $10 dollars per month will be added to a member’s levy for unpaid balances beginning January of each

year

10. After 12 months, delinquent accounts will be submitted to small claims court for payment

11. Payment options will be available to Members on an as requested basis. Payment terms will be negotiated

in the Members best interest

Article VII – Amendments to the By-Laws

1. These Bylaws may be amended annually at any regular or special meeting of the East Shore Property Owners Association

2. Changes must be agreed to by not less than 67% the membership

3. An online voting option will be provided

4. Notification of a meeting to amend the By-laws and the proposed amendments will be posted on our

website (www.espoa.ca) for membership review at least one month in advance of the meeting.

Article VIII - Enforcements

1. The By-laws will be enforced by the Board of Directors a majority vote of the East Shore Property

Owners Association Members in Good Standing.

2. Additionally, the Board of Directors may request membership input/guidance prior to the

enforcement of By-laws. A 51% majority vote of the East Shore Property Owners Association

Members in Good Standing to enact

3. The Board of Directors will enforce the collection of delinquent levies from non-paying members

4. Delinquent members may face a court action under the ‘Unjust Improvement’ statute if necessary to enforce this.