Investigate... what is a Commonland Owners Association?
The private properties within Harvey Lakeland Estates are governed by provincial and municipal legislation and regulations. The Commonland is governed by a By-Law that has been enacted, and amended from time to time, by the Board of Directors and Members of the Harvey Lakeland Commonland Owners Association (HLCOA).
HLCOA is a not-for-profit corporation that owns the Commonland and maintains the lands in their natural and undeveloped state as common areas for the benefit of its Members. If you want to access the Commonland you must become a Member of HLCOA.
The HLCOA By-Law sets out the rules and restrictions that Members have agreed are necessary to support a harmonious community, where everyone can enjoy the benefits of the community while respecting the variety of needs and wishes of all Members. Many of the tasks related to maintaining the Commonland forests, trails and waterfronts are completed by Member volunteers.
It is a condition of HLCOA membership that lot owners comply with the By-Law and pay all dues and fees levied against their lot by the Corporation. Members are not permitted to operate a short-term rental accommodation within the community.
Before purchasing a property ensure you fully understand the privileges, responsibilities and obligations that come with membership in the Association.
The Information and Documents You Should Review
Articles of Incorporation (reader friendly)
Articles of Incorporation (legal document)
By-Law Schedules
A - Officers' and Directors' Duties
C - Commonland Management Policy
E - Harassment and Violence Prevention Policy
Frequently Asked Questions
Summary information only. See Governance Documents for details.
1. Who are the Members of the Association?
Members of the Association consist of the owners of individual lots within Harvey Lakeland Estates.
[See By-Law Article Article 7.01 Members]
2. Will I be permitted to operate a short-term rental accommodation within Harvey Lakeland Estates?
Members are not permitted to rent, or offer to rent, any Lot for periods of less than six consecutive months.
[See By-Law Article Article 7.01 Members]
3. What are the conditions of membership?
It is a condition of membership, that Lot owners:
- abide by the By-Law and pay all dues and fees levied against their Lot; and
- do not rent, or offer to rent, any Lot for periods of less than six consecutive months.
4. How do I become a Member?
A purchaser of a property becomes a Member when the selling Member transfers the title to their Lot to them. Upon closing of the purchase, the new Lot owner must register with the Association.
[See By-Law Article 7.05 Transfer of Membership]
5. What should I confirm before the sale of the property closes?
You should confirm there are no dues, fees, penalties, interest or other charges (“Assessed Amounts”) owing by the selling Member. You will be jointly and severally liable with the transferring Member for payment of any outstanding Assessed Amounts.
You should confirm that all gate keys the selling Member has received have been returned to the Board seven days prior to the closing of the transfer. A penalty will be applied for non-return of keys.
The Board shall not be required to recognize the validity of any transfer of membership through sale of a Member’s Lot until all such Assessed Amounts have been paid.
[See By-Law Article 7.05 Transfer of Membership]
6. Will I share ownership of the Commonland?
The entirety of the Commonland is owned by the Corporation. Lot owners do not own any part of the Commonland, including those areas adjacent to any of the shorelines.
[See Schedule C - Commonland Management Policy - Founding Principle]
7. Will I have access to the Commonland?
Members are granted access to the Commonland through “association” with the Corporation. Other individuals authorized to access and use the Commonland include the immediate family and guests of the Member.
Access to the Commonland is contingent upon a Member’s compliance with the permitted uses and restrictions in place.
[See Schedule C - Commonland Management Policy - Commonland Article 1]
8. What are the restrictions on the use of the Commonland?
The Commonland is to be left in its natural state. This precludes the cutting or removal of trees, plants and grass; the placing of fill of any kind; and the dumping or burning of garbage or brush. No fires are permitted on Commonland.
Property owners are prohibited from placing any personal property on the Commonland or encroaching on Commonland with permanent structures or excessive personal items.
[See Schedule C - Commonland Management Policy - Commonland Article 4]
9. Will I have access to the waterfront?
Members are granted access to the waterfront through “association” with the Corporation. Other individuals authorized to access and use the waterfront include the immediate family and guests of the Member.
Members have access to three lakes (Sandy, Little Bald, Big Bald) via trails that run along the shorelines in several locations. Members are also provided access for their watercraft via two launch pads and three types of docks:
- Common Docks, for occasional use only by Members, their Immediate Family and Guests
- Private Docks (one space for each Lot owned)
- Finger Docks and Canoe Racks, if available, with rental fees paid annually.
New Members are not automatically allocated the Private Dock space or Finger Dock slip of the previous Lot owner. An application must be submitted to the Board. Members are not guaranteed a specific Private Dock space or Finger Dock slip.
Limits are in place for dock, ramp and platform sizes. Existing non-conforming docks are required to conform with current policy at the time the dock space is re-allocated.
[See Schedule C - Commonland Management Policy - Waterfronts]
10. Will I be permitted to use my motorized recreational vehicle on Commonland?
Motorized recreational vehicles are strictly prohibited from Commonland except for the personal transportation from roadways to the Member’s allocated dock space via designated access points and sections of the trail. The trails are not to be used for thoroughfare recreational purposes.
[See Schedule C - Commonland Management Policy - Commonland, 4e]
11. Will I be permitted to walk my dog on Commonland?
Animal control regulations similar to those of the Municipality of Trent Lakes apply to the Commonland. Specifically:
- No owner of a dog shall permit it to run at large on Commonland; and
- Every owner of a dog shall ensure that it is on a physical leash and under control while the dog is on Commonland; and ensure that any waste left by such dog is immediately removed and disposed of in a proper manner.
[See Schedule C - Commonland Management Policy, Commonland, 4d]
12. Based on this website description, I would like to live in this community. How can I be sure that the community lives by these written rules and restrictions?
The membership has codified the expected behaviour and conduct for Members within By-Law schedules:
Schedule G - Remedies, Penalties and Sanctions is intended to encourage compliance through a continuum of measures up to and including the revoking of membership.
Remedies, penalties and sanctions may be applied for:
- non-payment of dues, fees, penalties, interest or other charges; and
- non-compliance with the By-Law, including the schedules noted above.