ROBINSON LAKE PROPERTY OWNERS ASSOCIATION
CONSTITUTION AND BY-LAWS

CONSTITUTION

    NAME
  1. The name of the Society is "ROBINSON LAKE PROPERTY OWNERS ASSOCIATION".


    2. OBJECTS
  2. The objects of the Society are to acquire, maintain and develop Robinson Lake, near Courtenay, British Columbia, for the enjoyment of the members of the Society.


    3. LOCALITY
  3. The operations of the Society are to be chiefly carried on at Martin Park , near Courtenay, British Columbia.

BY-LAWS

    FISCAL YEAR
  1. The fiscal year of Robinson Lake Property Owners Association (hereinafter called "the Association") shall end on December 31st in each year.

    2. MEMBERSHIP
  2. Members of the Association include all owners of such properties surrounding Robinson Lake who have been accepted by the Association as members and who have not withdrawn as members of the Association.


    3. WITHDRAWAL
  3. Any member wishing to resign from the Association may do so by notice in writing addressed to the Secretary. Resignations are effective at the date of their receipt by the Secretary.


    4. REINSTATEMENT                                                                          
  4. Any person, who owns property in the appropriate area, and who has previously resigned from membership of the Association, may obtain reinstatement upon making written application for such to the Secretary, and upon making payment of the current year's membership dues.


    5. USE OF ASSOCIATION PROPERTY AND FACILITIES
    1. All members and their dependents and guests shall have use of Association property and facilities, and the member(s) shall be responsible for both dependents' and guests', behaviour and/or any incurred liability.
    2. All tenants of members (and tenants within the described area who pay their landlord's Association membership dues and provide proof to the board of directors that they carry appropriate liability insurance) and their dependents and guests shall have use of Association property and facilities, and the member shall be responsible for such tenants', and their dependents' and guests', behaviour and/or any incurred liability, except that the member may escape responsibility for such incurred liability by ensuring that the tenant carries appropriate liability insurance.
    3. Use of Association property and/or facilities by anyone not enumerated in 5.(a) and (b), above, shall be deemed unauthorized use and trespass, and any such users shall be so advised orally and/or in writing, and by signs posted and maintained by the Association.

    ENVIRONMENTAL PROTECTION OF ROBINSON LAKE
  6. No powerboats shall be allowed on Robinson Lake.
  7. Perimeter drains shall be used for ground water and rain water only, and shall not be constructed so as to empty into Robinson Lake.
  8. No septic field shall be placed closer that 33 meters from Robinson Lake, and no septic field shall be placed so that it drains towards Robinson Lake.
  9. All present emergent vegetation shall be allowed to grow in Robinson Lake, unless otherwise decided by the board of directors.
  10. No foreign flora or fauna shall be introduced to Robinson Lake or its close perimeter.
  11. Dredging of Robinson Lake for the purpose of creation of beaches may be allowed after prior consultation with the Environment Committee, whose guidelines for dredging on Association property must be followed. The owner of the property, from which the dredging takes place, shall be held accountable for any oil leaks or spills caused by any excavation equipment.
  12. No structures may be built into, or onto, Robinson Lake without prior approval of the Board of Directors.


    13. ANNUAL GENERAL MEETING                                                                   
    1. The Annual General Meeting of the Association shall be held within the Province of British Columbia, in the first sixty (60) days of a new calendar year at such time and place as may be prescribed by the Board of Directors of the Association.
    2. Notice of the time and place of the Annual General Meeting of the Association shall be hand delivered where possible, or else mailed, post paid, but not registered, or electronically mailed to each member of the Association, at his address shown on the Register of Members, at least two (2) weeks prior to the holding of the meeting. The accidental omission of giving such notice to any member shall not invalidate any proceedings at the meeting.
    3. No business shall be transacted at any meeting of the members unless a quorum consisting of members entitled to nine (9) votes are present.
    4. Voting by proxy shall be allowed at the Annual General Meeting or at any other meetings of the members. All proxies shall designate in writing the proxy-holder, and shall be signed by the member giving it. No proxy shall be effective unless presented to the Secretary prior to the meeting being called to order.
    5. The order of business at each Annual General Meeting shall be as follows:
      1. proof of quorum;
      2. reading of the minutes of the preceding Annual General Meeting;
      3. reports from standing committees, including presentation of the annual financial reports;
      4. Officers' reports;
      5. old business;
      6. correspondence;
      7. new business;
      8. election of Directors.

    VOTING AT MEETINGS OF MEMBERS
  14. Members, in good standing with respect to payment of their annual membership dues, shall be allowed one (1) vote per property, and no one shall be entitled to a second or casting vote. In the event there is more than one registered owner of any one property, such joint owners may agree between themselves who shall hold the vote, but if such agreement cannot be reached, the owner whose name ranks first alphabetically shall hold the vote.


    15. SPECIAL MEETINGS                                                                                     
  15. Special General Meetings may be called at any time by the Board of Directors, or upon the written request of a group of members entitled to at least five (5) votes, to consider a specific subject or subjects. At least fourteen (14) days written notice of such meeting shall be either hand delivered or mailed by prepaid post to all members.


    16. OFFICERS AND DIRECTORS
    1. The election of Officers and six (6) additional Directors shall be held at the Annual General Meeting of the Association each year. The term of office for the Directors shall, if at all possible, be for two (2) years.  Three new Directors to be elected for a two (2) year term with the other three (3) Directors that were elected the previous year for a two year term to remain for one more year.   If required due to a Director stepping down a new Director may be elected for a one year term.  This will allow three (3) new Directors and three (3) Directors remaining on for continuity.
    2. The Officers of the Association shall be a President, a Vice- President, and a Secretary/Treasurer. These Officers shall be ex-officio members of all committees, and shall be known as the "Executive Committee".
    3. No Officer or Director shall be entitled to any salary or other payment for services rendered as an Officer or a Director of the Association, PROVIDED nothing shall prevent an Officer or a Director from receiving reimbursement from the Association for reasonable expenses incurred while on the business of the Association.

    17. PRESIDENT
  17. The President shall preside as chairman at every General Meeting and every meeting of the Board of Directors of the Association. The President shall have charge of the general supervision of the Association and its management subject only to the control of the Directors. Further he shall have the power to perform any and all legal duties incidental to his office.


    18. VICE-PRESIDENT
  18. The Vice-President shall, during the absence or disability of the President, exercise all the powers and discharge all the duties of the President, and he shall perform such other duties as may be assigned to him by the Board of Directors.

    19. SECRETARY/TREASURER                                                                             
  19. The Secretary/Treasurer shall keep a record of all matters transacted at General Meetings of the Association and at meetings of the Board of Directors, and shall perform all duties usually incident to such office. Further, he shall issue notices of all meetings of members and of the Board of Directors, and shall keep the minutes and records thereof. He shall conduct all official correspondence of the Association, and shall see that such correspondence is properly preserved and filed until otherwise disposed of by the Board. He shall maintain the Register of Members. He shall collect all annual dues, subscriptions, and any other charges that may be forthcoming, and deposit the same to the credit of the Association in its account. He shall further
    1. keep bookkeeping records of all dues and funds of the Association;
    2. reimburse Officers and Directors for properly authorized and receipted expenses;
    3. provide a complete financial report to the Annual General Meeting;
    4. pay all Association bills when due;
    5. report to the Board of Directors on the status of paid-up memberships when so required.
    He shall perform such other duties as are assigned to him by the Board of Directors.

    20. BOARD OF DIRECTORS
  20. The Board of Directors shall consist of the Officers and six (6) Directors, and it
    1. shall have the power to govern and manage the day-to-day business of the Association;
    2. may exercise all the powers and do all the acts and things that the society may exercise and do, and that are not by these bylaws or by statute or otherwise lawfully directed or required to be exercised or done by the society in a general meeting, but subject, nevertheless, to
      1. all laws affecting the Association
      2. these bylaws,
      3. rules, not being inconsistent with these bylaws, that are made from time to time by the society in a general meeting, and
      4. prior approval at a general meeting of the Association of any expenditure in excess of ONE THOUSAND ($1,000.00) DOLLARS.
      5. the Association has no borrowing power.
    A rule made by the society in a general meeting, does not invalidate a prior act of the directors that would have been valid if that rule had not been made.
  21. Without limiting the generality of anything elsewhere in these By-Laws contained, the Board of Directors shall have the right and authority
    1. to fill any vacancies occurring in their number during their term of office;
    2. to make appointments to any pre-existing or new committees;
    3. to enter into contracts for whatever services may be reasonably required for the operation and maintenance of the Association and its property and facilities, and to make or cause to be made such alterations and improvements to the property of the Association as they in their discretion consider expedient or necessary to the well being of the Association;
    4. to appoint delegates to any relevant associations and/or conventions;
    5. to elect a presiding officer in the event of both the President and the Vice-President being absent;
    6. to appoint a person or persons to sign and execute bills of exchange, cheques, contracts, and any other documents, and to generally conduct the Association's banking;
    7. to make decisions with respect to hours of work, duties, responsibilities, remuneration, and any other terms of employment of any agent and/or employee of the Association.

    22. BOARD MEETING                                                                            
    1. Meetings of the Board of Directors may be called at any time by the President; and the Secretary shall call such a meeting upon being requested in writing to do so by two (2) Directors.
    2. Notice of all meetings of the Board of Directors shall be delivered, mailed or telephoned to each member of the Board of Directors at least two (2) clear days before the day of the meeting.
    3. All questions at meetings of the Board of Directors shall be decided by a majority vote, and in the case of a tie the President shall have a second or casting vote.
    4. No business shall be transacted at any board meeting unless a quorum consisting of members entitled to five (5) votes are present. No proxy votes allowed during board meetings.

    23. COMMITTEES
  23. The chairman of each committee shall be a Director, and each committee shall in all respects be subject to the Board of Directors, who shall decide all questions regarding their jurisdiction and powers, and may at any time control their actions and override their decisions.


    24. SPECIAL COMMITTEES
  24. The Board of Directors may appoint temporary committees from time to time to carry on such special activities as the Board of Directors may decide.


    25. REVISION OF BY-LAWS
  25. The Board of Directors shall from time to time review the Association's constitution and by-laws, and shall propose such changes as may be appropriate.


    26. AUDITORS
  26. An Auditor of the Association shall be appointed by ordinary resolution of the members at each Annual General Meeting, and he shall hold office until the next following Annual General Meeting.


    27. MEMBERSHIP DUES                                                                                               
  27. The annual membership dues shall be fixed by ordinary resolution at the Annual General Meeting and shall be due and payable on or before the first day of each year. Failure by a member to pay annual dues by the due date shall result in the suspension of all his Association privileges until all arrears are paid. In the event no dues are fixed at any Annual General Meeting the amount previously fixed shall continue in effect. The Board of Directors may expel any member whose delinquency with respect to payment of annual membership dues continues for more than three (3) months.

    28. INSPECTION
  28. The Board of Directors shall from time to time determine at what times and places and under which conditions or regulations the accounts and books of the Association, or any of them, shall be open to inspection of members at large.

    29. REMOVAL OF DIRECTORS
  29. The members of the Association may, by special resolution passed at a General Meeting, of which notice specifying the intention to pass such a resolution has been given, remove any Director before the expiration of his term of office, and may, by a majority of the votes cast at that meeting, elect any person in his stead for the remainder of his term.


    30. BY-LAWS
  30. The by-laws of the Association shall not be altered or added to except by a special resolution of the Association.


    31. TRANSFER
  31. No membership shall be transferable or otherwise assignable from one person to another except by permission of the Board of Directors, and subject to such terms and conditions as it may impose and otherwise in conformity with these by-laws.


    32. ADDRESS
  32. The address of the Association, to which all communication and notices may be sent, and at which all process may be served, shall be Post Office Box #21, Black Creek, British Columbia, V9J 1K8.


    33. NOTICE
  33. Unless otherwise specified in these by-laws, all notices shall be considered properly given if mailed by pre-paid post to each member at his address as it appears on the Register of Members.


    34. INTERPRETATION
    1. If any question should arise regarding the interpretation of these by-laws, the decision of the Board of Directors shall be final unless overruled by the members at a General Meeting.
    2. Wherever the singular or the masculine pronoun is used, the same shall be construed as meaning the plural or feminine or body politic or corporate where the context so requires.
    3. All headings in these by-laws are provided for reference only, and shall not be considered for interpretation of the by-laws.

    35. FISHING RULES
    1. In order to aid the release of fish BARBLESS HOOKS MUST BE USED.
    2. Play and release fish as rapidly as possible
    3. Keep fish in the water as much as possible – handle gently with bare wet hands.
    4. If at all possible, remove hook without damaging fish, or else cut the line.
    5. If required, revive fish by moving it back and forth to pass water through its gills.
    6. Do not put fish entrails in the lake.
    7. Members must be in attendance when guests are using the lake, and must ensure that guests are made aware that Robinson Lake is not to be used for a food fishery. The fish are for insect control and recreational enjoyment, so please be reasonable with your catch.

    36. RIGHT-OF-WAY USAGE RULES.
  36. The lake access rights-of-way are primarily intended for the use of the members of the Robinson Lake Property Owners Association to access the lake. Because the south access is a popular venue for lake social events, the following rules have been developed. They have been created to help safeguard the privacy and comfort of the adjacent neighbours, and also to ensure safe and environmentally responsible use of the property.
    1. Priority will be given to Association sanctioned events, open to participation by all members of the Association.
    2. Individual members of the Association may apply to the Executive for approval to host their own event on the access.
    3. For events hosted by individual members, preference will be given to those events that are open to all members of the Association to participate if they wish.
    4. Once an event is approved by the executive, two (2) weeks’ notice must be given to the households adjacent to the south access.
    5. Depending upon the number of expected attendees, event organizers may be required to have a porta potty on site, or alternate bathroom arrangements made to ensure no soiling of the access area.
    6. Event organizers are responsible for cleanup fo the access area no later than noon on the day following the event.
    7. If an open fire is being used for the event, appropriate fire permits must be obtained from the Oyster River Fire Department during fire season.
    8. The event organizer is responsible to ensure any open fire is properly extinguished prior to leaving the access after the event.
    9. Event attendees will be required to leave their dogs at home.
    10. Unless otherwise agreed upon with the two adjacent residents, events on the south access must be concluded by midnight.
    11. Event organizers and participants are asked to be sensitive to the impact of excessive noise on adjacent residents.
    12. The Executive of the Association reserve the right to rescind any event approvals leading up to, or during an event.
    For security and the comfort level of adjacent residents and to prevent trespassing, the gates at the south access are secured with a combination lock. The combination will be updated annually and distributed to all members in good standing at the Association’s Annual General Meeting each year.

    37. ENVIRONMENTAL RULES
  37. The object is to preserve the water quality of the lake and therefore ensure its use for recreational activities, trout habitat, and to maintain its aesthetic appeal.
    1. Concerns:-
      1. To inform members and non-members of the Association that their actions on the lake and on their private property, will impact the lake and that they have the responsibility to maintain the lake.
      2. To work with members and non-members to resolve any conflict with these rules.
      3. To prevent pollution of the lake by oil, chemicals, fertilizers, septic or biological wastes.
      4. To set rules for dredging of beaches and construction of floats, docks, decks, or fences extending onto, or into, Lot 27 (normally referred to as “the lake”). These rules will be applicable to any access, the park and any above water area within the boundaries of Lot 27.
      5. To ensure adequate water testing (biannually or as required) to be dictated by the condition of the lake.
    2. Prevention of Contamination by oil, chemicals, fertilizers, septic and biological wastes.
      1. No power boats shall be allowed on the lake.
        1. Exhausts contain oil residue and there is the possibility of mechanical, fuel or oil leakage.
        2. Due to the small size of the lake, even a small amount of liquid hydrocarbon will create a noticeable slick; therefore, any row boats previously using or interchanging gas motors, and having a fuel or oil residue on the inside, must be washed out before being placed in the lake. If you are unable to adequately wash the inside, and oil residue is present, do not drain or dump any accumulated water into the lake or onto the beach frontage.
        3. Power boats on this size of a lake would also be a hazard to swimmers and would cause a certain amount of noise pollution.
      2. No future perimeter drains shall be allowed to drain directly into the lake.
        1. If the perimeter drains cannot be run to the roadside ditch, and absolutely must be on the lake side of a residence, it is necessary that the drain end in a catch-basin/seep-well, fifteen feet within the property line of the residential lot, to allow for filtration of any water through the soil prior to reaching the lake.
        2. If perimeter drains are being used for dumping of hot tubs and water softening and treatment effluent, and possibly floor drains in garages and residences, the soil filtration should remove any spills of household chemicals or motor oils and would reduce the amount of salt-brine effluent reaching the lake.
        3. Any residences that are presently draining anything other than storm water or ground water into their perimeter drains, or are dumping anything directly into the lake, must consider alternate ways of disposal.
      3. It is recommended that no fertilizers be used within a sixty foot buffer area, extending outward from the lake’s high water mark, or on any area where the ground slopes to the lake.
        1. Fertilizer can reach the lake through run-off from rain and lawn watering. Fertilizer also leaches downward until it reaches the water table and, subsequently, migrates into the lake.
        2. High fertilizer concentrations of nitrates and phosphates will cause algae blooms.... in extreme cases, will suffocate the trout and make the lake unpleasant for swimming.
        3. A further consideration when fertilizing is the proximity of your well and the type of well you are using for your portable water supply. If you or your neighbours have a shallow surface well, your water quality may be affected by use of fertilizers. The following except from “The Water Quality Check programme Interpretations Booklet” supplied by the laboratory that does the government water analyses, states:-
        “Nitrogen: Nitrate (as N) (Definition: the measurement of the most oxidized form of nitrogen in the water sample.) Importance: high nitrate values can decrease the blood’s capacity to carry oxygen through the body. This is important with infants who may develop ‘methaemoglobinanemia’. The maximum limit is 10mg/: of nitrate plus nitrate, measured as nitrogen.”
      4. No septic field shall be placed closed than 100 feet from the lake.
        1. The local Board of Health will not allow a septic field within one hundred (100) feet from a well or body of water.
      5. It is imperative that septic fields be sloped away from a residence towards the roadside ditch.
        1. The risk to the lake of pollution from a septic field is minimal, but may occur if a field becomes hydraulically overloaded. Excessive rainfall in the winter could saturate a field and not allow the effluent in the field to evaporate as quickly into the air or through transpiration mechanism supplied by grass cover and other plants. Field saturation through excessive rain could raise the water table and slow down percolation of the effluent through the soil. In the case of field overloading, the effluent would rise to the surface and could travel to the lake with surface run-off if the ground slopes that way.
      6. It is recommended that property owners inspect their septic tanks annually to check the sludge levels in the tank chambers.
        1. A field may overload if it becomes clogged with organic matter. In time, all fields will plug; however, improper maintenance of a septic system could shorten its life span; a newly installed tank may not require vacuuming out until it has been in service from three to five years, depending upon the size of tank and volume of effluent. After initial build-up of sludge the tank usually requires vacuuming out every two to three years (but you will only know if you inspect your chamber annually.) Over time, the sludge will fill the second chamber; when it becomes high enough in the second, the liquid portion of the effluent will overflow and be deposited into the porous structure of the field and stop percolation.
      7. It is hoped that swimmers will use a biodegradable sun tan oil/sun-block. Experience on lake has shown that, even a relatively small number of people swimming after using tanning oils, will cause an oil slick on the lake.
        1. Parents should emphasize to children not to urinate or defecate into the lake.
        2. Residents are reminded that pet excrement in the water or on the beaches is a major concern. Many pathogens and parasites can be transmitted to people from dog and cat excrement. A particular worry is children playing in sand that has roundworm infestation. Excrement from untreated dogs is the carrier of this parasite. Pet owners unfamiliar with coping with wells should consider that no dog or other pet should be allowed to defecate within sixty feet (the bare minimum) of their portable water supply.
      8. All present emergent vegetation (such as bull rushes) be allowed to grow in the front of beaches if the lot owner wishes.
        1. It is recommended that present emergent vegetation not be allowed to encroach more than thirty (30) feet into the lake from a lot’s high-water mark. The concern is that some plants may over grow the shallower areas of the lake, making those areas unusable for fishing and/or swimming. The other concern is the build-up of plant debris on the central bottom area of the lake. This may prevent spawning and could cause suffocation of any eggs that are laid or kill the fry by irritating their gills.
      9. No foreign flora or fauna will be allowed to be introduced into the lake.
        1. Do not introduce pets such as turtles, gold fish or tropical fish into the lake.
        2. Do not dump aquariums into the lake, because some fish diseases could spread to the trout population, as well as introducing an unwanted population of snails and some plant species.
        3. There is a fine line between a desirable plant and a weed. Some plants (such as certain water lilies) have been documented in studies to overtake water habitats where they have no natural predator. Duckweed from aquariums is another potential problem weed.
        4. Property owners are also asked to consider not placing or replacing deciduous trees near the beaches; in the fall, the leaf fall can contribute a larger amount of debris in the lake.
        5. All Provincial and National laws supersede these By-laws.

    38. RULES FOR BEACH DREDGING AND CONSTRUCTION ON LOT 27 (LAKE)
    1. Dredging will be allowed for the creation of beaches.
      1. the lot owner must consult with the Environment Director prior to commencing work outside of his/her property line.
      2. The owner must follow the agreed upon guidelines of the Directors, or permission to dredge on Association property will be retracted and this will be enforced.
      3. The owner shall be accountable for any oil leaks or spills from excavation equipment.
      4. The owner shall not dredge to a slop greater than one foot in depth for every three feet into the lake.
      5. Filling of the lake basin with soil and plant matter is a definite problem. Steep grades on a beach front encourages erosion of fine particles into the lake. It is therefore suggested that lot owners use retaining walls or a gradual slope down to the water. It is also recommended that birds-eye gravel or bedding sand be used instead of fine sand.
    2. No structures shall be built into, or onto, Lot 27 without the approval of the Board of Directors.
      1. Fence posts and most lumber suitable for wet applications, may be pressure treated with oil or chemical preservations, fungicides and herbicides such as pentachlorophenol or copper sulphate. These chemicals can be harmful to fish and plant life.
      2. It is also recommended that no one use railway ties for landscaping on any areas where the water shed slopes into the lake. Railway ties are treated with oil, creosote and pentachlorophenol.
      3. The construction of floats or docks shall be limited due to the potential number and the subsequent loss of aesthetics of the lake.
    3. All Provincial and National laws supersede these By-laws.

    39. SWIMMING RULES
    1. Swimming in Robinson Lake is strictly limited to members of the Robinson Lake Property Owners Association and their guests, all of whom swim at their own risk.
    2. The raft/float is small and can accommodate a maximum of six (6) people on it at any one time. Pets shall be left ashore and are not allowed on the raft. Boats may be tied to the raft during swimming activities but should not be pulled up onto it.
    3. Members who invite guests to swim must be present, and are responsible for their guests and the actions of those guests.
    4. If you have young children or guests (twelve years of age or under) utilizing the lake, it is requested that you, as a member, are present. It is unreasonable to expect other adults members to baby-sit them.
    5. Please remind your preteens and teenagers that noise travels easily over water and they need to watch their volume and language.
    6. Diving is NOT allowed off the raft at any time or for any reason.

    40. Rules regarding Ice Skating and Walking on Robinson Lake
    1. Ice skating and walking on Robinson Lake when the lake is frozen is strictly limited to members of Robinson Lake Property Owners Association and their guests, all of whom skate and walk on the ice at their own risk.
    2. Members who invite guests to skate or walk on the ice must be present and are responsible for their guests and the actions of their guests.
    3. If you have young children or guests (twelve years of age or younger) utilizing the lake, it is requested that you, as a member, are present. It is unreasonable to expect other adult members to baby-sit them.
    4. Please remind our pre-teens and teenagers that noise travels easily over the lake and they need to watch their volume and language.
    5. It is the responsibility of each member to make sure that the ice is safe to be on. The Red Cross recommends an ice thickness of six (6) inches for safety.
    6. Never skate alone.
    7. Do not skate in the dark.

 
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