HVPOA History

In the early 1960s when properties were sold to the original purchasers of lots located on Plans 18, M-419, BR-791 and M-473 in Hidden Valley from Hidden Valley Estates Ltd. (a company operated by HV Resorts Ltd.) the purchasers received as part of their Agreement of Purchase a Schedule “C” which stated under others: “That the Vendor will make available to the owners of the lots the use of 400 feet of beach and docking facilities on Lake Peninsula.”

At that time there was only the present main dock in place.

The Schedule was not registered in the Registry or Land Titles Office. However, the purchasers of the lots understood from this Schedule that the Vendor would make the use of 400 feet of beach and docking facilities on Lake Peninsula available to them as notified.
Property owners in Hidden Valley did in fact use the Hidden Valley beach lands and the docking facilities commencing in the year 1965 and have continued to the present time.

In December 1971, when the Ski Club purchased the beach lands (along with other lands) from Hidden Valley Resorts Ltd., an Agreement was entered into between the Vendor and the Purchaser whereby the Ski Club agreed to grant an easement to the owners of lots on the above plans to use approximately 400 feet of beach and docking facilities on Lake Peninsula and prior to granting of easement to permit the owners of lots to use the said beach area.

The Hidden Valley Property Owners Association was formed in 1973 and incorporated in 1978 (an Association of Chalet Owners had been active since 1969) and proceeded in due time to negotiate with the Ski Club for the granting of the legal easement. On April 4, 1981, the Association received a letter from the Ski Club agreeing to convey a legal easement in favour of the lot owners.

On July 30, 1982, an Agreement was entered between the Ski Club and the Association regarding the granting of the easement. 125 Property Owners ratified this Agreement by execution of an Agreement & Consent Form. The Consent Form stated: “I/We further agree to comply with all terms to be set out in the Grant of Easement, as evidenced by my/our execution of same.” This Agreement gave the Association the right to establish rules and regulations regarding the use of the beach area and to include therein a maintenance fee for the purpose of maintaining the lands contained in the said easement (subject always to the approval of the Ski Club).

Finally, on June 24, 1983, a Grant of Easement was made by the Ski Club to each property owner who had signed the above mentioned Consent. These Easements were subsequently approved by the Land Division Committee on June 27, 1983 and registered appurtenant to each individual lot and paid for by each individual Property Owner. The Third Paragraph of this Grant of Easement states:

“The Grantee for himself, his heirs and assigns, covenants with
the Grantor, its successors and assigns, that the Grantee together
with all others entitled to the use thereof, will at their own expense
keep the Right-of-Way aforesaid in good repair and shall
contribute their rateable proportion to the expense or the same.”

Therefore, should ANY Easement holder fail to pay his or her pro rata portion of the cost of beach maintenance, even if he or she does not use the beach, this constitutes failure to abide by the Terms & Conditions of the Easement Agreement signed re that property, which nullifies that Easement.

The Association has acted throughout all negotiations, agreements, etc. on behalf of the individual lot owners to whom the beach easement was granted. The maintenance fee referred to in the above paragraphs is included in the Property Owners’ yearly dues. Dues had been raised from $20.00 to $30.00 in 1981/82, to $40.00 per annum in 1988, and were raised again to $60 in 2018.

It is important, in order to maintain your Easement, to pay your annual dues on time.