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Link to FAQ [pdf-embedder url=”https://elbowvalley.com/wp-content/uploads/2020/08/Encumbrance.pdf”]PDF
Elbow Valley Residents Club
Frequently Asked Questions (Expanded)
September 25, 2018
Q: What is the structure of the Elbow Valley community?
A: The community of Elbow Valley was originally developed by Hopewell Residential
Communities in six phases resulting in seven bare land condominium corporations with a total of 699 residences. An over-arching society was formed, the Elbow Valley Residents Club. The common property of each condominium corporation was designated as Unit 1 and transferred to EVRC allowing the society to control all the community’s common property. EVRC is responsible for the provision of shared services and the maintenance of common property. Membership in EVRC is mandatory for all residences. The original purchaser of each property contributed additional funds for the construction of community facilities.
Q. What is Cell 10?
A: Cell 10 is the land parcel in the southwest quadrant of the intersection of Lott Creek Boulevard and Highway 8. It has two lots:
- Lot 1 is a 3.8 hectare (ha) rectangular parcel of land that lies between Fisherman’s Lake
and Highway 8. It includes Reflection Pond, which is EVRC’s source of water for Elbow
Valley Lake and Fisherman’s Lake.
- Lot 2 is a 4.6 ha square-ish parcel bounded by Highway 8, Lott Creek Boulevard and Lott
Creek Drive. Homes by Avi has approval to develop 50 villa units (i.e., 25 duplex buildings) on the site. Some of lots have been sold and construction of some units is underway.
Q: What were the key negotiating points between Homes by Avi and EVRC, and why has there been no deal?
A: For a number of months, EVRC and Homes by Avi discussed the terms under which owners of Swift Creek Villas would join or otherwise have access to the Elbow Valley Residents Club. Terms under discussion included:
- payments and fees for Elbow Valley access/membership supported by an encumbrance
- continuing access for EVRC to withdraw water from Reflection Pond
- contribution of open space
- maintenance responsibility for Cell 10 common property, such as storm water
- architectural standards
- services provided by EVRC to Swift Creek Villas (e.g., snow clearing)
- bylaw similarity
- trademark use
EVRC and Homes by Avi were unable to reach a mutually acceptable agreement and Homes by Avi has proceeded with the Swift Creek Villas independently from EVRC.