Be informed... have the right answers for your clients
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 your client wants to access the Commonland they must become a Member of HLCOA.
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.
You should ensure your client fully understands 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
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 No. 1 Article 7.01 Members]
2. Will my client be permitted to operate a short-term rental accommodation within Harvey Lakeland Estates?
Members are not permitted to rent their property for periods of less than six consecutive months.
[See By-Law No. 1 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 does my client 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 No. 1 Article 7.05 Transfer of Membership]
5. What should I confirm for my client before closing the sale of the property?
You should confirm there are no dues, fees, penalties, interest or other charges (“Assessed Amounts”) owing by the selling Member. The purchaser becomes 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 No. 1 Article 7.05 Transfer of Membership]
6. Will my client 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 my client 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 enacted by the membership.
[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 my client have access to the waterfront?
Members are granted access to the waterfront through “association” with the Corporation. Other individuals authorized to access the waterfront include the immediate family and guests of the Member.
Members have access to the waterfront via trails that run along the shorelines in several locations. Members are also provided access for their watercraft via two boat launch pads and three types of docks: Common, Private and Finger.
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.
[See Schedule C - Commonland Management Policy - Waterfronts]