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Overview

Homeowners choose to become part of a homeowner association to ensure better control of the surroundings and environment within which their residence is located.  As a buyer, you found a desirable neighbourhood and want it to remain at a certain standard.  It appealed to your taste with the style of the homes, landscaping, and other aesthetic elements.  You wish those elements preserved and maintained by a Volunteer Board duly elected who live in your same community.

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Vista Mirage is a community designed primarily for adult living located on Riverside Drive adjacent to the Highwood Golf Course in the northwest section of High River built by Avalon Homes between 1997 and 1999. 

 

The Vista Mirage Homeowners’ Association (VMHOA) is a legal entity registered with the Alberta Societies Act to maintain an attractive, well-maintained community to benefit the owners. Each owner pays a prescribed fee each month to the Association for snow removal, lawn cutting and trimming, fertilizing, and maintaining the irrigation system. The homeowners elect a volunteer Board of Directors annually to carry out the Association's objectives and administer its affairs.

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Definitions

Easement ─ gives someone who is not the owner, the right to use part of the property for a specific purpose such as access to utilities, roadways, etc..

 

Restrictive Covenant ─ a legal agreement listed on the land title. It can restrict what you can do on the property. In the case of a violation, the court can remedy a breach by granting an injunction restraining the action, which would violate the covenant. In addition, if the violation has already been completed, the courts will enforce the violation to be remedied in the original state before the violation.

 

A Homeowners’ Association (HOA) ─ is an organization in a planned community that makes and enforces rules for the properties and residents. Those who purchase property within an HOA's jurisdiction automatically become members and are required to pay dues known as HOA fees. Vista Mirage HOA is staffed by resident volunteers who are elected to the Board according to the Societies Act of Alberta.

 

Bylaws ─ rules and regulations for electing and appointing board members and officers, the protocols for the board and member meetings, terms of office, voting methods, and standards for amendments to the community’s governing documents.

 

Societies Act ─ provides legal authority for five or more individuals to incorporate for any non-profit purpose such as a Homeowners’ Association.

 

Lots designated in the HOA are:

Plan 9611450 Block 11, Lots 18 to 27 inclusive and Block 12, Lots 3 to 12 inclusive.

Plan 9710574, Block 11, Lots 28 to 37 inclusive, Block 12, Lots 13 to 22 inclusive.

Plan 9811604, Block 11, Lots 38 to 53 inclusive, Block 12, Lots 23 to 42 inclusive.

Restrictive Covenants

The following restrictive covenants apply as follows:

 

2)  The Covenantor shall not permit, suffer, or allow on the lands:

 

a)        (i)  any parabolic antenna, satellite dish or similar device: greater than 24 inches in diameter unless the Covenantor first obtains written permission from the Board of Directors of the Vista Mirage Homeowners Association to place such parabolic antenna, satellite dish or similar device on the Lands, provided that the Board of Directors of the Vista Mirage Homeowners Association may impose conditions of the use of such devices, including but not limited to the location on the Lands where such devices are to be located.

 

(ii)  any clothesline or similar device (whether temporary or permanent) for the drying of clothes or dry goods:

 

b)  The storage, parking or placing on the Lands of chattels for fixtures including motor vehicles (whether on a temporary or permanent basis), other than lawn furniture, portable barbeques, or golf carts on the rear concrete patio, below the deck, regardless of whether such chattels or motor vehicles are covered, screened or concealed, provided that the terms of this sub-clause (b) do not apply to the temporary parking of a motor vehicle on the driveways on the Lands.

 

c)  The restriction, impairment, impediment, alteration, or other interference with any underground sprinkler system, including the repair and operation of such sprinkler system.

 

d)  The accumulation of snow on driveways or sidewalks continues without weekly maintenance or as otherwise required by the Vista Mirage Homeowners Association or the Town of High River.

 

e)  The neglect of the lawns, trees, shrubs and flower beds continues without weekly maintenance or as otherwise required by the Association.

 

f)  The colours or materials on the exteriors of the buildings are to be changed provided that:

 

i)  The Covenantor may replace any pine shakes on the roof of the Covenantor's unit with other roofing material, provided that the Board of Directors of the Vista Mirage Homeowners Association first approves the replacement, and the type, colour, and composition of such materials.

 

ii)  The Covenantor may erect clear monofilament netting or white latticework for golf ball protection of the Covenantor's unit, provided that the Board of Directors of the Vista Mirage Homeowners Association first approves the installation and the type, colour and composition of such protection.

 

iii)The Covenantor may erect acrylic, or metal canopy covers or canvas awnings over patios on the Covenantor's unit, provided that the Board of Directors of the Vista Mirage Homeowners Association first approves the type, colour and composition of such coverings.

 

iv)  The Covenantor may install back and front storm doors, and front door decorative glass inserts, provided that the Board of Directors of the Vista Mirage Homeowners Association first approves the type and colour.

 

v)  Exterior replacement materials which are not compatible with the existing colours and the owner must also obtain the unanimous approval of the Board of Directors for such replacement of materials.

 

g)  Animals, livestock, fowl, or pets of any kind (other than birds or fish or small animals restrained always within the residence located on a lot) to be kept at any time unless the same are carried out or leashed by hand;

 

3)  If any provision of this Restrictive Covenant or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of the Restrictive Covenant shall not be affected thereby, and each remaining provision shall be valid and shall be enforceable to the extent permitted by law.

 

4)  The Covenants set forth herein shall be binding on the Covenantor and its successors-in-title for such time as it and its successors-in-title remain the registered owner of the Lands and no action shall be maintained against the Covenantor or its successors-in-title unless the Covenantor or its successors-in-title remain the registered owner of the Lands or any part thereof at the time of the alleged breach of the Restrictive Covenant. The provision of this paragraph 3 shall constitute an absolute defence and may be pleaded as such.

Annual Meeting

The Annual General Meeting is held 90 days following our fiscal year end which ends on June 30th of each year. A Board of Directors (seven) is elected at each Annual General Meeting. Notice of this meeting is delivered to each homeowner along with an agenda for the meeting, minutes of the previous year's meeting, and a proxy for those unable to attend.

 

The Board selects its officers at its first Board meeting following the Annual General Meeting. Board meetings are held monthly or as required.

 

All positions on the Board are voluntary, Owners are encouraged to apply to be on the Board to serve in this important function.

Accounting

Lorac Management Inc. is currently retained to administer the responsibilities assigned and approved by the Board of Directors. Such duties are the accounting of maintenance contracts, services, bookkeeping and preparation of timely financial statements, and handling of individual homeowner's accounting concerns.

 

Lorac Management Inc. (Carol Lyall)

Suite 102, 520 Macleod Trail SW High River, AB TIV 1R7 Ph: 403-652-3030

Email: carol@loracmanagement.ca

 

Operating Budget and Financial Statements ─ An operating budget is prepared by the Treasurer, approved by the Board and delivered to the homeowners. The current year's Financial Statements are available for viewing from the HOA’s Treasurer. All monthly financial reports/statements are reviewed by the Treasurer and the Audit Committee, for accuracy and to identify any anomalies.​

 

Homeowner Fees ─ Homeowner fees are deposited electronically by Lorac Management Inc. on behalf of the Association. Fees are due and payable each month. Late payment of fees or NSF in the owner’s account will be assessed an administration fee of $100 each month that it remains overdue, in addition, the late monthly fees must be brought in person to the Treasurer or Lorac Management Inc. for deposit in the VMHOA account.

 

Reserve Fund ─ This fund allocates a portion of the HOA fees as required for future maintenance and replacement of property items as determined from time to time by the Board of Directors. They can include major irrigation system repairs and/or replacement (not due to homeowner negligence), major tree diseases and landscape issues that may affect the HOA as a whole.

 

Insurance ─ Your HOA carries two insurance policies that prevent risk to the HOA and the volunteer Board members as follows:

 

Commercial General Liability Insurance ― preserves your HOA operation and financial security from third-party claims of bodily injury, property damage, and reputational harm caused by HOA professional activities or operations.

 

Directors & Officers Liability Insurance ― insures and protects the risk that volunteer HOA Board member(s) can have if actions of the HOA are pursued by those that they serve.

 

A copy of the Association's Insurance policies can be obtained from the HOA Secretary.

 

HOA Membership List ─ A list of phone numbers and emails regarding HOA business is maintained and sent out when changes occur.   It is intended for use only for Vista Mirage business purposes. It is also maintained up to date on the website HERE under password protection for Homeowners only.  This list is confidential and MUST not be shared or distributed outside of the VMHOA.

Property Management

Lawn and Sprinkler Maintenance
The HOA ensures lawns are maintained including cutting, trimming, aeration, weed control, fertilizing and irrigation system maintenance and repair. A contract to maintain the lawns and sprinklers is tendered as a two year contract with an option for a one year negotiated extension with a landscape company.  This ensures the best interests of the HOA are maintained.
 
The landscape contract and work are monitored and approved by the Board. The automatic sprinklers (irrigation system) are designed to cover all areas of lawns and flowerbeds within the lots. The system is verified for proper working order each spring, and homeowners will be notified when to turn on their water so that the system can be started and adjusted as required. A weather-proof box containing a controller in every unit may be re-programmed occasionally as dictated by changing weather conditions, or electrical power issues.
 
Tampering with the sprinkler system is not allowed. In the fall, homeowners will be notified to shut off their outside water supply so the lines can be blown out and shut down before freeze-up.
 
Snow Removal
Snow removal maintenance is a contracted service approved by the Board. Both the Board and the contractor will attempt to do their best during periods of high snowfall and blizzards and at times will require the patience of HOA members as delays can occur in such a situation.
 
Problems or issues regarding summer or winter maintenance must be forwarded to or addressed by the current two-person maintenance committee.  Any homeowner who bypasses this committee and the VMHOA incurs costs with either the town or other outside contractors will be solely responsible for these costs.
 
Trees
The HOA will pay each homeowner a maximum of $500.00 per tree for the removal of the diseased Shubert Cherry trees installed at the time of the Vista Mirage development. A maximum of $150.00 will be paid to replace the tree with one of the approved varieties which are: Ivory Silk Lilac, Vilossa Lilac, Various Crab Apple varieties, Ohio Buckeye, Bur Oak, or Columnar Blue Spruce. This reimbursement will be dependent on the Board receiving a Homeowner's Improvement Application for approval. (A copy of this document is included at the end of this guide).
 
Removal of problem evergreens will be handled in the same manner. The owner will be reimbursed $500.00 for removal and $150.00 for replacement if all proper avenues are followed. The recommended replacement variety will be a Columnar Blue Spruce.
 
It is the responsibility of the homeowner to maintain and trim the trees on their property. The VMHOA is not responsible for the maintenance or trimming of trees, shrubs, plants or flowers.
 
Plants, Flowers, Shrubs
Flowers may be planted in the existing shrub beds but attention should be paid to keeping plants from the edges so as not to impede trimming by the maintenance staff.
 
Home Improvement Applications are required for new flower beds, trees, or shrubs and consideration will be given to ensure standards are acceptable for the entire complex, and that species are not invasive or will add additional costs to maintain the landscaping within the HOA.
 
Ornaments, Patios, Decks
Home Improvement Applications are required for the addition of major or large ornaments and/or the addition or modification of decks and patios.   There can be many items that can affect the appearance of the properties and when in doubt the maintenance Board members can be contacted to help with your decision.
 
Exterior Renovations
Homeowner's Improvement Application is required for changes to the exterior of the buildings. It is important to include in your application sketches complete with dimensions, sales brochures, and other pertinent information.
 
Work must be done to legal and community standards, and before the commencement of any work, an approved application is required.
 
Some examples of when an application is required are changes or adding fences or retaining walls, doors and windows, painting, outdoor lights, handrails, changes or additions to decks, roof changes, eavestroughs, solar panels and air conditioners – basically any significant change to the exterior of the building. If in doubt, contact any Board member and they will assist in your decision.

HOA Administration

Newsletter

Current activities and information concerning the HOA are provided in a periodic newsletter.  Input and contributions are welcomed always.

 

Social Functions

Block parties, coffee parties, barbecues, garage sales, and Stampede Breakfast are all part of our HOA.

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Town Garbage Removal

The Town of High River provides automated garbage collection services every Tuesday to single-family homes on a weekly basis. Please set your garbage cart out by 7 am on your collection day and leave at least 3 feet around your bin to make pick-up easier for large equipment. All household garbage must be in bags with no overflowing bins or bags stacked beside them.

Summary

The objective of the Vista Mirage HOA as outlined in the Homeowner’s Association Agreement (Alberta Land Titles Document 961 111 971) is to maintain the lands, and irrigation system and to ensure the maintenance and attractive appearance of the community under the Restrictive Covenants previously listed. A copy of these documents can be obtained from the Board or by contacting Land Titles.

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