• What do our Strata Fees cover, and how are they managed?

As a private community (not funded by the city of Vernon), the Strata fees each owner pays are critical to the success of our community.  It is these fees which allow us to maintain our community, and provide critical services such as the roads, sewers, and lighting in the neighborhood.Strata fees are separated into two (2) components; Operational Funds and Capital Reserve Funds (CRF).  The Operational Funds are what we use commonly for routine expenses, such as the utility bills (electric, etc.) for things such as lighting of the community, operation of the gate, snow removal from the common / shared roadways in the winter, etc.  Capital Reserve Funds are applied to the maintenance and replacement of particular assets of the community, such as the sewer lift station, roads, lights, etc.Example: When we must repair or replace a section of roadway, this is paid for by the Capital Reserve Fund.  However, when we have the roadway cleaned of sand and salt in the spring (swept) , this is paid for from the Operating Budget.Each year at the Annual General Meeting (AGM), a budget for the subsequent year is proposed by Council to owners for vote.  Requiring 3/4 (75%) support from a quorum of owners represented in person or by proxy, the budget is put in place, and Council shall then manage the funds in accordance with that budget.

• Can I pay my Strata Fees online?

Yes.  Simply send an Interact payment from your bank to 9196phoenix@gmail.com.

• If I am concerned there may be a violation of the bylaws, what do I do?

The Council does not actively as a group, or as individual members police the community searching for violations.  It takes each and every one of us to maintain and improve our neighborhood.  It is imperative that we all work together for the betterment of our community.However, in the event that a Bylaw (be it Strata or Municipal) appears to be neglected, neighbors are encouraged to first raise the concern with the perceived offending party casually.  If that does not resolve the matter, the official process is to submit in writing a complaint to the Strata Council.Only communications delivered in writing will be construed as seeking action from the Council.  Communication can be submitted from this website thru the Request Form page, by email, or in letter format delivered to a member of the Strata Committee.  While requests for action can be submitted anonymously, doing so makes it impossible for the Strata Council to communicate with the requestor as to the actions it will take, and its findings of the matter.

•  How does the Strata Council enforce the Bylaws?

The Council does not actively as a group or as individual members police the community searching for violations.  The Council operates under the presumption that when an owner’s rights or community experience is hindered by the actions of a neighbor due to disregard of a Bylaw, that working as collegial neighbors, in most cases we ought to be able to resolve matters one-to-one directly without involving the Strata Council.  However, in certain cases, relying on the independent nature of the Council may be necessary.The Council reminds neighbors that the Bylaws exist as a framework for our community’s actions and design.  The Bylaws are constantly scrutinized based on the evolution of Municipal laws, social & economic conditions, and the general desires of the community.In the rare case when Council is notified (in writing) of a potential violation impeding an owner’s rights, Council will investigate the matter with both parties, and attempt to reach a resolution amicably.  If a violation of the Bylaws is found, the offending party will be notified in writing by the Council of such violation, along with instructions for resolution.Neighbors are reminded that the Bylaws and Council’s reliance on them is not intended to create a “police-state” with ‘zero-tolerance’ of occasional violations.  Every day life will, in fact, result in Bylaws being occasionally neglected and in many cases, for good reason.  So Council’s intent in enforcing the Bylaws will be centrally focused on the impact such violations may have on impacted neighbors, and the continual /repeated nature of the impact.

• How do we change a Bylaw?

Bylaws can be modified provided the change is supported by a 3/4 (75%) support of owners represented in person or by proxy at the AGM or Special General Meeting.For a proposed Bylaw change to make its way onto the agenda at an AGM or Special General Meeting, it can either be put on the agenda by Council, or by any owner demonstrating at least 20% support from Owners (at least 11 Owners) for the motion.  Council must place the proposed Bylaw change on the agenda as a motion to be voted upon in the Notice of AGM / SGM in accordance with BC Strata Property Act.

• How are Council members selected?

Councillors are elected at the Annual General Meeting by majority vote from a quorum of owners represented in person or by proxy.  Per Bylaw 20.4 if an elected Councillor is unable to complete their term, for sake of expediency and due to the complexities in gathering a quorum of owners to act on such matters, the Council may replace that Councillor by a majority vote of the Council members.  However, in so doing, the Council-Appointed replacement’s term shall end when the term of the departing, elected Councilor’s term would have naturally ended.

• What are the Council’s duties?

The Council’s authority, responsibilities and duties are explicitly defined in the “BC Strata Property Act” and in our Bylaws.  More information can be found here.

• What are the building requirements, restrictions and expectations an Owner should be aware of before applying to build a “House” on a Strata Lot within KAS 1371 (Phoenix Estates)?

Owners are encouraged to work with accredited and certified architects, contractors, and builders in the construction of any structure within KAS1371 (Phoenix Estates), to ensure all applicable laws, Municipal and Strata Bylaws, plus regulations are adhered to.

However, that being said, construction within KAS 1371 (Phoenix Estates) is governed in descending levels of authority:

* Any Federal or Provincial statute plus City of Vernon Building Regulations

* Original Strata Developer “Restrictive Covenant” KH008893 (February 1, 1994) -Some of which are reflected in our existing KAS1371 Strata Bylaws

* Strata Plan KAS1371 Bylaws

It is incumbent on an owner to have all of their final House designs approved first, by KAS1371 Strata Council and then by the City of Vernon, so as to receive and have all of the appropriate permits and engineering certifications (if any) in place prior to commencing construction.  Owners are also encouraged, but not obligated to, share their home building intentions/plans with immediate neighbours plus any other possible effected parties, as a matter of encouraging neighbourly harmony within our community.

• What do I do if my beach access card does not work properly?

Please contact our community’s LECA representative, or see the LECA website (http://www.leca-vernon.ca/)