FAQ

What is an Equitable Charge and why was it established?

As part of the development plan, Melcor designed in features to enhance the visual appearance of the community. These features are denoted in the Equitable Charge Obligation Map on the ‘Resident Information’ section.

These features are not maintained by the City of Kelowna, beyond basic grass maintenance. As part of the development permit approval process, the City required an Equitable Charge to be put in place to maintain these features. An Equitable Charge is registered on all Land Titles within the community.

What is Core Real Estate Group’s role in the Equitable Charge?

Core Real Estate Group was hired by Melcor to manage the day-to-day operations of the community. This includes obtaining quotes for Melcor’s approval, scheduling maintenance, mailing packages, collecting Annual Membership Fees and responding to questions and concerns from community members.

What is an Equitable Charge?

An Equitable Charge is a legal claim on a property showing an interest on a parcel of land. The Equitable Charge allows for the beautification, cleanliness and maintenance of the community. In order to allow this, the community would have to pay an annual fee.

These types of Equitable Charges flow with the land from the seller to the buyer and are shown on your Land Title.

Where can I find the Equitable Charge?

Your Lawyer may have provided the Equitable Charge documents to you upon purchasing your property. For ease, an example can also be found under ‘Equitable Charge Docs’.

I wasn’t informed that my property was in an Equitable Charge. What do I do?

We are sorry that you weren’t informed of the Equitable Charge and associated fees. When purchasing a property, the Lawyer is supposed to pull the Land Title for the property and inform you of anything to note. The Equitable Charge is registered on the Land Title, and we encourage you to speak with the Lawyer involved to find out why you weren’t notified.

What do I do if a neighbour is not complying with Architectural Guidelines?

The City of Kelowna ensures that Architectural Design Guidelines are registered on each and every persons Land Title in BlueSky at Black Mountain. During construction, the developer enforces the guidelines via a deposit when a lot is purchased. Once the home and buildings are complete, a consultant completes an inspection. If the inspection meets the guidelines, then the deposit is released.

The reason the guidelines are registered on the Land Title is for home owners to have a tool to help keep the neighbourhood consistent and they are “TO BE ENFORCED BY THOSE WHO ARE SUBJECT TO THEM”. All the properties in the Uplands are privately owned and the roads and sidewalks belong to the City of Kelowna. This means that the “community” meaning you and your neighbours are responsible to enforce them.

If you have any concerns, it is recommended to talk to your neighbours and as a group or call City of Kelowna By-law to see what can be done.

Who do I contact if I have a concern about a construction site?

If you have any concerns regarding a lot that is under construction, please contact Core Real Estate Group. It is helpful to send photos and a location so that Melcor’s Development Manager can connect with the correct builder.

How much is the Equitable Charge and when is it due?

To ensure accuracy, please review the current year Equitable Charge located under the ‘Equitable Charge Docs’ section of this website. The Equitable Charge is based on the actual expenses of the community for the prior year and are due annually at the start of the fiscal year, January 1.

Do all residents pay an Equitable Charge fee?

Yes – all properties within your community have an Equitable Charge registered on their Land Title and are required to pay fees.

What do the annual fees go towards?

The Equitable Charge Annual Fee which can be found in the ‘Equitable Charge Docs’ section of this website, outlines the what the fees are used for, and are primarily for the features in which the community is obligated to maintain, such as entry features.

Who approves the Annual Equitable Charge?

As the Equitable Charge is based on actual expenses from the prior year, the Property Management company gathers invoices annually and prepares the Equitable Charge Annual Fee to present to Melcor. Melcor gives direction if any changes are required, and a final draft is provided for consideration. Melcor approves the final Equitable Charge fee.

What is the fiscal year?

January 1 – December 31 each year.

How often do I pay fees?

Fees are levied annually and are sent via Canada Post at the end of the fiscal year.

Is the Annual Equitable Charge expected to increase each year?

While we cannot theorize on future expenses, the registered Equitable Charge document on each Land Title outlines that the annual charge is subject to any equivalent annual increase to the Consumer Price Index after 2013. The increase to the annual charge will be an amount equal to the percentage increase in the “All Items” cost of living index for Kelowna, or if there is no index for Kelowna, then for the Province of British Columbia, as published by Statistics Canada for the previous year.

Melcor keeps the community top of mind while reviewing and approving the Annual Equitable Charge.

I didn’t receive my Annual Equitable Charge package – what do I do?

The packages are sent by the end of the year via Canada Post.

Log into ‘My Account’ to check that your mailing address is correct and view your invoice. A copy of the Annual Equitable Charge is also uploaded to the website each year and can be found under ‘Equitable Charge Docs’.

Alternatively, please contact Core Real Estate Group at info@coremanagement.ca

Do I have to pay if the previous owner didn’t?

Yes – fees transfer with the land. When purchasing a property, the Lawyers representing each party are to negotiate what fees are outstanding and who these will be paid by. We encourage you to speak with the Lawyer involved in the transaction to find out who is meant to pay. The annual fees, any interest or subsequent legal fees will be levied against the registered owner on Title. It may be required for you to pay while your Lawyer negotiates with the seller’s Lawyer.

How much is the interest?

Per the Registered Equitable Charge document, interest is 18% per annum.

Do I have to pay if my house isn’t built yet?

Yes – the fees are levied once the Land transfers from the developer. This means even properties owned by builders also receive invoices.

What payment methods are offered?

Payment methods are outlined on your invoice.

• Online – via your online portal, located under ‘My Account’
• Telephone – via Telepay at 1.888.803.5980. You will require your invoice number and access code located on your invoice.
• Cheque – Made payable to BlueSky at Black Mountain and sent to Core Real Estate Group, 1250, 5555 Calgary Trail, Edmonton, AB T6H 5P9. Please ensure you note your property address on the cheque.

How do I log in to My Account?

To log into your online portal, please click ‘My Account’ to go to Ivrnet Central. As your Lawyer may have already provided your email address, we recommend that you click ‘Log In’ and ‘Forgot Password’ and use your default email address. If you do not receive an email with a temporary password, please proceed with creating a new account.

Please note, the system does not automatically link your profile to a property and must be done by an administrator.

Core Real Estate Group completes a monthly user audit to link accounts to properties, however, if you would prefer, please contact Core Real Estate Group directly to have your account linked.

What is the collection process?

For the up-to-date collection process, please refer to the current year Annual Equitable Charge under ‘Equitable Charge Docs’.

How do I contact Field Law?

Field Law

400, 444 – 7^th Avenue SW,

Calgary, AB  T2P 0X8

Tel: 403.260.8565

Email: HOACollections@fieldlaw.com

Why is my online account locked?

As outlined in the Annual Equitable Charge package, outstanding accounts are sent to the community’s legal counsel for collections. At this time, your online account will be locked, and payment of annual  fees can only be paid to Field Law. If you believe this is an error, please contact Core Real Estate Group.

Why is my account with Legal?

As outlined in the Annual Equitable Charge package, outstanding accounts are sent to the community’s legal counsel for collections. The only responsibility of the community is to send the initial package, however, emails are sent if an email address is available and notices are sent to the mailing address on file. In addition, a notice is posted to the homepage of this website. If accounts remain outstanding, they will be sent to Field Law for collection.

I don’t care about the amenities – why should I pay?

The community features add beautification and cleanliness to the area. Per the City of Kelowna, the community features are to be maintained by the community, and as such, an Equitable Charge was placed on all Land Titles throughout to collect fees.

You may not live near an amenity or see benefit from the entry features, however, all owners within the community pay for these features in order to maintain the community to the same standard in which you purchased.

What obligations does the Equitable Charge have?

The obligations of the community can be found in the Registered Equitable Charge document.

The community is responsible for amenities within the area. Please refer to the ‘Resident Information’ section of your community website for a map of obligations.

What landscape and maintenance does the Equitable Charge perform?

The community is responsible for entrance features, including the soft landscaping and utilities associated. Fencing along Begley Road, selected trails and lighting. Please refer to the Equitable Charge Obligation Map under the ‘Resident Information’ of this website.

What landscape and maintenance does the City of Kelowna perform?

The City of Kelowna is responsible for roads and pathways, snow removal, waste collection and landscaping.

What landscape and maintenance does each homeowner perform?

Once Phases are transferred from the developer to the City of Kelowna, homeowner’s become responsible for additional landscaping.

Homeowner’s within the community must abide by City of Kelowna’s bylaws, including the Noxious Weed and Grass Control Bylaw and the Bylaw to Regulate the Maintenance of Boulevards by the Owners of Lands Abutting Thereon.

Every owner within the City shall prevent the infestation of noxious weeds on a premise, and on any boulevard which abuts or adjoins the premise, including up to the center of lanes or alleys at the rear or side of the premise and;

Every owner within the City shall cut or mow the grass on any boulevard or street, situated on City owned land adjoining, or abutting or adjacent to premises owned or occupied by him, to prevent such grass from growing to more than 20cm.

Enforcement of the aforementioned Bylaws is through the City of Kelowna. Please contact the City of Kelowna at ask@kelowna.ca if you have any questions or concerns.

How can I find the Architectural Guidelines?

Your Lawyer may have provided the Architectural Guidelines to you upon purchasing. For ease, a copy of the Architectural Guidelines can also be found under ‘Equitable Charge Docs’.

How do I know if the Equitable Charge is responsible for something in the community?

Please refer to the Equitable Charge Obligation Map and Responsibility Guideline under the ‘Resident Information’ section of this website which outlines who is responsible for each area within the community.

I am selling my property in the community. What do I need to know?

Please ensure that your Lawyer views the ‘Buying/Selling’ section of this website. It is the responsibility of the registered owner to inform the Equitable Charge of a change of ownership and we are unable to update the files without the purchaser’s information. Without informing the Equitable Charge, interest or legal fees can be applied to outstanding accounts which may impact your credit. It is not the Equitable Charge’s responsibility to monitor transfers of properties within the community.

I have purchased a property in the community. What do I need to know?

Welcome to the community! Please complete an Owner Information Form listed under the ‘Equitable Charge Docs’ section of this website and send to Core Real Estate Group. It is the responsibility of the registered owner to inform the Equitable Charge of a change of ownership.

Please note, if the seller’s account is outstanding, you would be responsible for the outstanding fees, interest, and any legal fees. Please ensure that your Lawyer requests a BC Estoppel Certificate which can be purchased by visiting www.coremanagement.ca, clicking ‘Condo/HOA Docs’ and searching for your community. Alternatively, please have your Lawyer visit the ‘Buying/Selling’ section of this website.

How can I find out the status of my account?

You can view your account through ‘My Account’ and download your receipts. If you’re selling your property, it isn’t uncommon for the purchaser’s Lawyer to request confirmation of payment. A BC estoppel certificate can be purchased by visiting www.coremanagement.ca and clicking ‘Condo/HOA Docs’ and searching for your community. Alternatively, please have your Lawyer visit the ‘Buying/Selling’ section of this website.

I am moving but will still own my property in the community. Is there anything I need to know?

Please complete an Owner Information Form which can be found on the ‘Equitable Charge Docs’ page of this website.

You are also reminded to update the Land Titles Office as any legal notice sent by the Land Titles Office, mortgage lenders or collection agencies, will be sent to the address registered on the Land Title to your property. Sending these notices to the address that is registered is deemed to have been received by you. This means that if you did not receive the notice, you can still be noted in default. Failing to do so can contravene your mortgage agreement, property insurance and impact your credit.

You need to update your registered address when:

• You move to a new home, and you are keeping your existing home;
• Your registered address is incorrect;
• You have properties you do not live in and your address for service changes;
• You want your land title notices to go to a different address than registered.

Where can I find out development information?

Melcor has a fantastic community website that includes news on the development, please visit www.blueskyatblackmountain.ca

Who do I contact to report a concern?

Please refer to the Responsibility Guidelines under the ‘Resident Information’ section of this website.

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BlueSky at Black Mountain Equitable Charge Management

Core Real Estate Group

Tel: 780.651.1577

Email: info@coremanagement.ca

Alternatively, you can complete a maintenance request on this website under the ‘Contact Us’ page.

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City of Kelowna

www.kelowna.ca/city-hall/contact-us/contact-directory

General Tel: 250.469.8500

General Email: ask@kelowna.ca

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Other Important Contacts