BACKGROUND – BOARD POLICY REGARDING ATVS
05/27/06

Perhaps the biggest area of controversy and source of complaints received by the Board and Management of Little Bow Resort is in the area of Recreational Vehicles including but not necessarily limited to ATVs, motorcycles, go-carts, miniature motorcycles, scooters, golf carts, snowmobiles and other all-terrain vehicles.  There are concerns that:
•	ATV’s in particular are chewing up and ruining the natural grass in the common areas.
•	That there is going to be injury or loss of life as a result of the operation of an ATV or go-cart on a roadway as a result of a collision with a car or truck.
•	The Board has come under criticism from uit owners for not enforcing the By-Laws pertaining to motor Vehicles.

  Under Article 37.2 (w) & (z) of the By-Laws:
	An Owner Shall Not

( w ) operate snowmobiles, motorcycles or off highway and all terrain vehicles on any Unit or the Common Property;

( z ) park or bring into, or permit to be parked or brought into the Project any Recreational Vehicle or motor vehicle (including snowmobiles, motorcycles or off highway and all terrain vehicles) at any time without the prior approval of the Board or its Manager; provided that the Owner of each Unit shall, subject to the other provisions of these By-Laws, be deemed to have approval to bring into the Project and park on or in his Unit two ( 2 ) automobiles, trucks or vans.  Subject to item ( a ) herein, no Recreational Vehicles may be parked for overnight use except in areas specified by the Board.

Under the current By-Laws anything other than a car, truck or van is not permitted to be operated within the resort on the roadways, the common property or on a unit.  The roadways are both common property and a unit.  If you are riding an offroad motorcycle on the roadways within the resort you are in violation of the By-Laws.  If you are operating an ATV, go-cart, golf cart, or snowmobile anywhere within the resort you are in violation of the By-Laws.

Under the current By-Laws Recreation Vehicles are not to be parked on brought onto the Property without the prior approval of the Board or Management.   The Board proposes to provide approval to bring a Recreational Vehicle onto the property and store it on a unit provided that certain conditions are agreed to in writing by the RV owner.  A list of the conditions is attached.  The RV is not to be operated within the resort.  An RV registered with the Board or Management may be stored on a unit for use elsewhere.  The Board will allow the storage of unregistered RVs in a unit, a Boat Shed or in the Storage Compound.  RV’s operated on roadways within the resort are subject to the Highway traffic act accordingly subject to ticketing by the RCMP, County Bylaw Officer or Condominium Corporation.  RV’s operated on the common property other than roadways will be subject to a fine issued by the Condominium Corporation.

APPENDIX “A”

LITTLE BOW RESORT CONDITIONS FOR BOARD APPROVAL OF SNOWMOBILES, OFF HIGHWAY AND OTHER ALL TERRAIN VEHICLES.

1.	The Owner must provide the Board with a copy of the certificate of registration of 
	the off-highway vehicle.

2.	The off-highway vehicle shall display the license plate issued by the province 	clearly visible and attached securely to the front or rear of the off-highway 	vehicle.
	
3.	The off-highway vehicle shall not be operated by a person who is less than 14 years old. 

4.	The Owner shall provide the Board with proof of liability insurance in the amount 	of not less than One Million ($1,000,000) Dollars and/or a copy of the financial 	responsibility card required to register the off-highway vehicle.

5.	The off-highway vehicle shall be operated only in areas designated by the Board 	from time to time.

6.	Off-highway vehicles shall not be operated on the roadways of the resort, 	common area parks and on a unit.

7.	The muffler of the off-highway vehicle must be in accordance with section 8 of 	the Alberta Off-Highway Vehicle Regulation. 	

8. 	The Owner of the off-highway vehicle shall sign an indemnification agreement 	with the Condominium Corporation agreeing to indemnify the Condominium 	Corporation, its Board, Manager, employees, agents and successors from any 	fines liabilities, damages or other costs resulting from the use of the off-highway 	vehicle.

9.	Approval of an off-highway vehicle(s) may be arbitrarily withheld or if given may 	be withdrawn by the Board or their Manager without reason on forty-eight (48) 	hours notification.  In the event approval is withdrawn the owner shall remove the 	off-road vehicle(s) from the Condominium property within the notice period.     

REQUEST TO STORE RV ON SITE
OWNERS CONDOMINIUM PLAN 9311680 
(LITTLE BOW RESORT)

UNIT _________		OWNER ____________________

TYPE OF RV: _______________________________________________

LICENSE PLATE OR REGISTRATION # ___________________________

INSURANCE COMPANY ________________________________________

I _______________________________________, agree to comply with the Conditions outlined in the attached Appendix A and the Condominium By-Laws if my request for approval to store the above described RV is approved.

Dated this _________  day of _________________,  200__

 ________________________________________________
OWNER

Request for approval to store the above described RV on Unit ____ is hereby approved.

________________________________________

Braemore Management Ltd.
as Agent for Owners Condominium Plan 9311680 (Little Bow Resort)