MEMORANDUM OF ASSOCIATION
OF MARITIME HOMEOWNER’S ASSOCIATION
1. The name of the Society is MARITIME HOMEOWNER’S
ASSOCIATION.
2. The Objects of the Society are:
a) To represent those landowners on those subjects having a
direct bearing on the owners of the Maritime Parklands
Development (“Development”), Lewis Lake, Lunenburg County,
Nova Scotia.
b) To maintain the access to the Development.
c) To retain and protect the natural beauty of the land
comprising the Development.
Provided that nothing here in contained shall permit the
Society to carry on any trade, industry, or business and
the Society shall be carried on without purpose of gain to
any of the members and that any surplus or any accretions
of the Society shall be used solely for the purposes of the
Society and the promotion of its objects.
Provided, further, that if for any reason the operations of
the Society are terminated or are wound up, or are
dissolved and there remains, at that time, after
satisfaction of all its debts and liabilities, any property
whatsoever, the same shall be paid to some other charitable
organization in Canada, having objects similar to those of
the Society.
3. The activities of the Society are to be carried on at
Maritime Parklands, Lewis Lake, Lunenburg County, on dates
and places to be decided by the Board of Directors.
BY LAWS
1. In these by-laws unless there be something in the
subject or context inconsistent therewith.
(a) “Society” means MARITIMES PARKLANDS HOMEOWNERS’
ASSOCIATION.
(b) “Registrar” means the registrar of Joint Stock
Companies appointed under the Nova Scotia Companies Act.
(c) “Special Resolution” means a resolution passed by not
less than three-fourths of such members entitled to vote as
are present in person or by proxy, where proxies are
allowed, at a general meeting of which notice specifying
the intention to propose the resolution has been duly
given.
(d) Words in the plural include the singular, and words on
the singular include the plural.
(e) “In Writing” means written or printed, or partly
written and partly printed.
MEMBERSHIP
2. The subscribers to the Memorandum of Association and
such other persons as shall be admitted to membership in
accordance to these by-laws, and none others, shall be
members of Society, and their names shall be entered in the
Registrar of Members accordingly.
3. For the purpose of registration, the number of members
of the Society in unlimited.
4. Every member of the Society shall be entitled to attend
any meeting of the Society and to vote at any meeting of
the Society and to hold any office.
5. Membership in the Society shall not be transferable.
6. The following shall be admitted to membership in the
Society: a) any person, without regard to race, creed or
color, who is a lot owner in the Development, is eligible
for membership in the Society.
7. Admission to membership shall be by written application
and payment of the Society’s admission fee, if any, and as
determined from time to time by the Directors. Entry in the
Register of Members by the Secretary of the name, address
and occupation of any individual shall constitute an
admission to membership in the Society.
8. Membership in the Society shall cease upon the death of
a member, or if, by notice in writing to the Society, he
resigns his membership, or if he ceases to qualify for
membership in accordance with these by-laws. Membership
shall also cease upon the sale of a lot owner’s interest in
the Development.
FISCAL YEAR
9. The Fiscal year of the Society shall be the period from
March 31 in any year to March31 in the year next following.
MEETINGS
10. (a) The ordinary or annual general meeting of the
Society shall be held within three months after the end of
each fiscal year of the Society.
(b) An extraordinary general meeting of the Society may be
called by the Chairman or by the directors and any time,
and shall be called by the directors if requisitioned in
writing by at least twenty-five per centum (25%) in number
of the members of the Society.
(c) Any member may appoint another member as his proxy for
the purpose of attending any meeting of members. Such
instrument of proxy shall be in writing and in a form which
is approved by the Secretary of the Society.
11. Fourteen (14) days’ notice of a meeting, specifying the
place, day and hour of the meeting and, in case of special
business, the nature of such business, shall be given to
the members. Notice shall be given through ordinary mail.
12. At each ordinary or annual general meeting of the
Society, the following items of business shall be dealt
with and shall be deemed to be ordinary business:
Minutes of proceeding general meeting;
Consideration of the annual report of the directors;
Consideration of the financial statements, including
balance sheet and operating statement and the reports of
the auditors thereon;
Election of directors for the ensuing year;
Appointment of Auditors.
All other business transacted at an ordinary or annual
general meeting shall be deemed to be special business and
all business shall be deemed special that is transacted at
an extraordinary general meeting of the Society.
13. No business shall be transacted at any meeting of the
Society unless a quorum of members is present at the
commencement of such business and such quorum shall consist
of twenty-five percent (25%) of the members in the Society.
14. If within one-half hour from the time appointed for the
meeting, a quorum of members is not present, the meeting,
if convened upon the requisition of the members, shall be
dissolved. In any other case, it shall stand adjourned to
such time and place as a majority of the members then
present shall direct and if at such adjourned meeting a
quorum of members is not present, it shall be adjourned
sine die.
15. (a) The President of the Society shall preside as
Chairperson at every general meeting of the Society.
(b) If there is no president or if at any meeting the
President is not present at the time of holding the same,
the Vice-President shall preside as Chairperson.
(c) If there is no President or Vice-President or if at any
meeting neither the President nor Vice-President is present
at the holding of the same, the members present shall
choose someone of their number to be Chairperson.
16. The Chairperson shall have no vote except in the case
of an equality in votes. In the case of an equality in
votes, the Chairperson shall have a casting vote.
17. The Chairperson may, with the consent of the meeting,
adjourn at any meeting from time to time and from place to
place, no business shall be transacted at any adjourned
meeting, other than the business unfinished at the meeting
from which the adjournment took place, unless notice of
such new business is given to the members.
18. At any general meeting, unless a poll is demanded by at
least three members, declaration by the Chairperson that a
resolution has been carried and an entry to that effect in
the book of proceedings of the Society shall be sufficient
evidence of the fact, without proof of the number or
proportion of the members recorded in favour of or against
such resolution.
19. If a poll is demanded in manner aforesaid, the same
shall be taken in such manner as the Chairperson may
prescribe and the result of such poll shall be deemed to be
the resolution of the Society in general meeting.
VOTES OF MEMBERS
20. Every lot owner in the Development shall have one vote
per lot owned. If a member shall own more than one lot the
he shall have as many votes as lots owned.
a) Each lot owner shall be permitted one vote for each
fully paid lot.
b) This voting privilege is subject to the lot owner paying
full fees for each lot owned. If a lot owner takes
advantage of a discount in fees offered by the association
he/she shall not be entitled to a vote for any lot which
full fees were not paid.
c) No lot owner shall be permitted to vote if they are in
areas for the proceeding years dues.
Directors
21. Unless otherwise determined by general meeting all
members of the Society shall be Directors. The subscribers
to the Memorandum of Association of the Society shall be
the first directors of the Society.
22. Meetings of the board Directors shall be held as often
as the business of the Society may require and shall be
called by the Secretary. a meeting of directors may be held
at the close of every ordinary or annual meeting of the
Society without notice. Notice of all other meetings,
specifying the time and place thereof shall be given either
orally or in writing to each director within a reasonable
time before the meeting is to take pace, but non-receipt of
such notice by any director shall not invalidate the
proceedings at any meeting of the Board of Directors.
23. No business shall be transacted at any meeting of the
Board of Directors unless at least one-third in number of
the directors are present at the commencement of such
business.
24. The President or, in his or her absence, the
Vice-president or, in the absence of both of them, any
director pointed from among those directors present shall
preside as Chairperson at meetings of the Board.
25. The Chairperson shall be entitled to vote as a director
and, in the case of an equality of votes, he or she shall
have a casting vote in addition to the vote to which he or
she is entitled as a director.
POWERS OF DIRECTORS
26. The management of the activities of the Society shall
be vested in the directors who, in addition to the powers
and authorities by these by-laws or otherwise expressly
conferred upon them, may exercise all such powers and do
all such acts and things as may be exercised or done by the
Society and are not hereby or by Statute expressly directed
or required to be exercised or done by the Society in
general meeting. In particular, the directors shall have
power to engage a coordinator and to determine his duties
and responsibilities and his remuneration. The directors
may appoint an executive committee, consisting of the
officers and such other persons as the directors decide. A
majority vote of the directors may at anytime remove an
officer from office for non-performance of duty or
misbehaviour. In addition, the directors shall have the
authority to (1) charge members for services necessary to
achieve the objects of the Society, (2) set annual
membership dues and (3) file notices of lien against any
lot in the Development at the Registry of Deeds.
OFFICERS
27. The officers shall be elected annually by ballot at the
regular meeting of the Society in the month of April. The
Officers of the Society shall be a President, three
Vice-Presidents, a treasurer and a secretary.
28. The directors shall elect one of their numbers to be
President of the Society. The President shall have general
supervision of the activities of the Society and shall
perform such duties as may be assigned to him or her by the
Board of Directors from time to time.
29. The directors may also elect from their number
Vice-Presidents. A Vice-President shall, at the request of
the Board and subject to its directions, perform the duties
of the President during the absence, illness or incapacity
of the President during such period as the President may
request him or her to do so.
30. (a) There shall be a secretary of the Society who shall
keep the minutes of the meetings and of members and
directors and shall perform such other duties as may be
assigned to him or her by the Board. The Board shall
appoint the secretary and may also appoint a treasurer of
the Society to carry out such duties as the Board may
assign. If the directors think fit, the same person may
hold both offices of secretary and treasurer.
(b) The directors may appoint a temporary substitute for
the secretary who shall, for the purpose of these by-laws,
be deemed to be the secretary.
COMMITTIES
31. All committee Chairpersons shall be appointed by the
President unless other provisions for their selection shall
be made on motion approved by two-thirds majority of
members present and voting.
AUDIT OF ACCOUNTS
32. The auditor of the Society shall be appointed annually
by the members of the Society at the ordinary or annual
general meeting and, on failure of the members to appoint
an auditor, the directors may do so.
33. The Society shall make a written report to the members
at the Annual General Meeting as to the financial position
of the Society and the report shall contain a balance sheet
and operating account. The auditors shall make a written
report to members upon the balance sheet and operating
account and, in every such report, he shall state whether,
in his opinion, the balance sheet is a a full and fair
balance sheet containing the particulars required by the
Society and properly drawn up so as to exhibit a true and
correct view of the Society’s affairs, and such report
shall be read at the annual meeting. A copy of the balance
sheet, showing the general particulars of its liabilities
and assets and a statement of it’s income and expenditure
in the preceding year, audited by the auditor, shall be
filed with the Registrar within fourteen days after the
annual meeting in each year, as required by law.
REPEAL AND AMENDMENT OF BY-LAWS
34. The Society has power to repeal or amend any of these
by-laws by a special resolution passed in the manner
prescribed by law.
MISCELLANEOUS
35. The Society shall file with the Registrar with its
Annual Statement a list of its directors with their
addresses, occupations and dates of appointment or
election, and within fourteen days of change of directors,
notify the Registrar of the change.
36. The Society shall file with Registrar a copy in
duplicate of every special resolution within fourteen days
after the resolution is passed.
37. The seal of the Society shall be in the custody of the
Secretary and may be affixed to any document upon
resolution of the Board of Directors.
38. Preparation of minutes, custody of the books and
records, and custody of the minutes of all the meetings of
the Society and of the Board of Directors shall be the
responsibility of the secretary.
39. The books and records of the Society may be inspected
by any member at the reasonable time within two days prior
to the annual general meeting at the registered office of
the Society.
40. All expenditures or appropriations of monies must be
ordered and approved bye the Board of Directors. Payments
shall be made by cheque and signed by two of the following
– The President, Vice-President and Treasurer. There shall
be no appropriation of money or disposal of property made
without the two-thirds vote of the members present at any
regular meeting of the Association.
41. The borrowing powers of the Society may be exercised by
special resolution of the members.
42. All monies received shall be deposited by the treasurer
in a chartered bank in the name of the Association.
43. The Society shall have a lien against the lot of an
owner-member-director who has not paid such charges, dues
or other sums owing by him or her to the Society.
44. Any and all changes and costs arising from road access
and maintenance in the Development shall be divided equally
among all of the lot owners on a lot by lot basis.
RESTRICTIVE CONVENANTS, MARITIME PARKLANDS
With the intention that the burden of these covenants shall
run with the land, the Grantor and the Grantee do hereby
covenant and agree with each other and as to the Grantee,
with the owner or owners from time to time of the other
lands in the subdivision comprising lots 3-27, A-H and
28-49, all fronting on Lewis, Nova Scotia and Indian Lakes
in the county of Lunenburg, Province of Nova Scotia (the
“Lakefront Lots”) and three “Reserve Lots”, being Lot 1A
(approximately 10 acres), Block I ( a lot of approximately
105 acres), and Block II ( a lot of approximately 400
acres) adjacent to certain of the Lakefront Lots, as shown
on the plan attached hereto, to which the benefit and
burden of the following stipulations, regulations and
provisions are attached and their/his/her or its respective
representatives, successors and assigns to observe, confirm
and comply with the following restrictions, namely;
1. The lands shall never be subdivided into lots of less
than 50 acres, provided that the portion of the lands on
the side of the right way access away from the lake may be
subdivided and sold to Eastern Forestry Resources Limited
as part of the managed Forest and Wildlife Reserve.
2. There shall be no hunting, trapping, or discharge of
firearms on the lands;
3. There shall be no clear cutting of woodlands on the
Lands.
4. There shall be no application of herbicides or
pesticides on the lands.
5. No trees of greater than 5 inches butt diameter shall be
cut from the Lands within 100 feet of the shoreline.
6. The lands shall not be re-graded in such a manner as
will block or impede any water course or swale or cause
water to pong or build up on any property.
7. No signs, billboards, notices or other advertising
matter of any kind (except the ordinary signs offering the
said lands or buildings thereon for sale or rent) shall be
placed on any part of the Lands or upon any buildings or on
any frnce, tree or other structure on the Lands.
8. No major repairs to motor vehicles shall be effected
save within a wholly enclosed garage.
9. No incinerator or other refuse burning device shall be
erected or maintained upon the Lands.
10. No refuse, building waste, car bodies or other
obnoxious material of any kind shall be dumped or stored on
the Lands except clean earth for the purpose of levelling
in connection with the erection of a dwelling thereon or
for the immediate improvement of the lot.
11. The Lands shall be used for residential, recreational,
or forestry purposes and for no other purpose
Notwithstanding any municipal By-law or regulation
permitting the same, no dwelling shall be used for the
purpose of any trade, employment, service, manufacture,
profession or business of any description including
day-care, hostel, church, nursing home or place of any
public resort.
12. There shall be no building of any nature (including
bathhouses) within 100 feet of the shoreline, or within 50
feet of the property boundary lines;
13. No roads or lane-ways shall be constructed or
maintained within 100 feet of the lake shoreline.
14. No owner of a dog shall permit it to run at large at
any time of the year, in such a way to as to contravene and
Lunenburg County By-law.
15. No horses, cattle, hogs, sheep, or poultry or other
stock or animals other than household pets normally
permitted in private homes in urban residential areas shall
be kept on the Lands and no breading of pets shall be
carried on the Lands.
16. There shall be no use of snowmobiles, ATV’s, dirt
bikes, or other motorized vehicles except on the common
roadways provided for automobile traffic. There shall be no
use of snow mobiles on Nova Scotia Lake or any stream or
river on the Lands.
17. No mobile homes, recreational vehicles (RV), or
trailers, used for living, sleeping, or eating, may be kept
on the Lands.
18. There shall be no construction of any well or septic
system which contravenes any regulation of the Nova Scotia
Department of Health.
19. No boat or any form of water transport shall be
operated on Nova Scotia Lake with a motor.
PROCEDURES
SECURITY GATES
MAIN GATE
The main gate remains locked from the Sunday of
Thanksgiving weekend until the Saturday of the Victoria Day
weekend in May. For security, it is very important that the
gate is locked immediately after you enter and upon leaving
each time.
RED SHIRT GATE
This gate provides a second, fire exit. The gate remains
locked throughout the year and for security reasons,
boulders are placed infront of the gate from Thanksgiving
weekend until after the long weekend in May. They are
removed in the summer months due to fire regulations.
Please note: Both locks use the same key.
ANNUAL DUES
Currently the annual dues are $220.00 due June 30th of each
year. The annual dues fund the following:
Road maintenance- grading, gravel and snow ploughing
Security
Garbage Shed
Gate Maintenance
Signs
Vegetation management
SPEED LIMIT
The speed limit for all motorized vehicles
is 30 km/hr.
GARBAGE
All garbage must be properly contained and placed in the
garbage shed at the entrance to Parkland Road. Large items
such as mattresses, B.B.Qs, wood, etc. must be disposed of
by the owner of such property. They must not be left in the
shed.
RESPONSIBILITIES WHEN SELLING
Owners are asked to advise the purchaser of
the covenants governing the properties in the parkland. As
well, it is helpful if you pass on the name and address of
the new owner to the association. You should also give the
new owner this new information package.
