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Newsletter #3 NOTE: Some of the information in Newsletter 3 and Fact Sheet has been updated through the public engagement process. Newsletter 9 and the SSRA Model Overview provide the updated information.
THE PETITION PROCESS
The creation of a resort association is an important initiative and the community should have the opportunity to demonstrate their support or opposition by participating in the property owner petition process, which is a required step in the resort association approval process, along with required approvals by the Regional District of North Okanagan and the Province.
RESORT ASSOCIATION APPROVAL AND PETITION PROCESS
Regional District Approval:
The Regional District must approve both the ‘Resort Promotion Area’ and the proposed Silver Star Resort Association Bylaws, and this was done on February 20, 2018.
Property Owner Petition:
A valid property owner petition must have the support of the majority of the property owners representing at least one-half of the assessed value of the parcels within the ‘Resort Promotion Area’.
The petition includes:
A petition statement – Pursuant to section 3(2) of the Resort Association Act we petition the Minister of Municipal Affairs and Housing to create a Resort Association to promote, facilitate and encourage the development, maintenance and operation of the Resort Promotion Area as further described in this Petition;
The boundaries of the ‘Resort Promotion Area’ through an attached map;
The activities the resort association will undertake to promote, facilitate and encourage the development, maintenance and operation of the ‘Resort Promotion Area’;
Levies on Members;
The boundaries of the ‘Resort Land’ through an attached map;
A petition statement – We the undersigned are owners of land within the Resort Promotion Area and we submit this Petition in favour of establishing the proposed Silver Star Resort Association;
Property address, legal description and PID; and
Signature block for property owner(s).
If there are two or more owners of a property, all owners will be listed and a majority of the owners must sign the petition if they are in favour of establishing the resort association. A strata council cannot sign on behalf of the strata for the purposes of the petition. Individual strata members have to sign the petition if they are in favour of establishing the resort association. A company, if it is an owner of land, can have their signing authority sign the petition if they are in favour of establishing the resort association.
The petition is based on a sample petition provided by the Ministry. A third party will independently certify the petitions and determine whether the petitions are sufficient
For a sample petition please click below.
Maps of the proposed Resort Promotion Area and Resort Lands; regional district approval of resort promotion area and resort association bylaws; certification of the property owner petitions with verification by a third party that the petitions are sufficient; plus the resort association bylaws are submitted to the Province for review.
Ministry staff review the resort association package and ensure it is complete. The request to create the resort association is assembled into decision materials with background information. Finally, the resort association package is sent to the Minister for review. After consideration of all the resort association materials, the decision is at the Minister’s discretion.
If approved, the Minister makes two orders that establish the Resort Promotion Area and specifies Resort Lands subject to association levies, and approves the association bylaws.
Step 1 Minister’s Order establishes Resort Promotion Area
Step 2 Minister’s Order specifies Resort Land within the Resort Promotion area which will be subject to resort association levies and establishes the Resort Association
Step 3 Minister approves the bylaws of the resort association
Step 4 Package of signed orders, approved bylaws, names of resort association directors and the association address is sent to the BC Registries and Online Services
If not approved, the decision is communicated to the resort association proponents.
As of February 26, 2019, the resort association package was received by the Province for their review and decision.
To view the submission please click here.
On February 25, 2020 the Minister approved the Silver Star Resort Promotion Area, Silver Star Resort Land / Incorporation and the Silver Star Resort Association Bylaws.
To view a copy of the approval letter click here.
A Quick Reference Guide prepared by the Province for Creating a Resort Association is provided below.