The Brookview Homeowners' Association
The History of the Brookview Community Association Ltd (BCAL)
(under continual construction)
In the beginning, there was a mass of farmland in the southeast corner of the current intersection of Whitemud Drive and Terwillegar Drive. This land was subdivided into land that could be turned into residential lots. The City of Edmonton called this subdivision Bulyea Heights. The developers of the community decided that Bulyea Heights would not sell lots and decided to call it Brookview, which they felt would be more appealing to potential families thinking of moving into the area.
The developers, Melcor and Genstar had other ideas for the community as well and decided that they wanted this community of Brookview to have a vast network of walkways that would make Brookview a very walkable and friendly community. The City of Edmonton did not agree. The amount of walkways that the developers wanted to put into the community far exceeded what the City was willing to allocate into new subdivisions. If the developers wanted to have these walkways, then the community would have to own and maintain them themselves. This could only be accomplished if there was a revenue generating body such as a homeowners association, just like condominiums have. Thus the Brookview Community Association (BCAL) was created. BCAL would require every home in Brookview to pay an annual fee of $80 that would be used to maintain the grass and sidewalks and lighting on the land that it would own. This association would also be responsible for such things as the tennis court, hockey rink and playground that the developers built in order to appeal to new home buyers.
At the start of the Brookview Community Association, the board consisted of members from Melcor and Genstar. Eventually this was replaced with a board made up of volunteer home owners from Brookview.
The original intent of the Community Association was to act as both homeowners association and community league as outlined in it’s 1986 Memorandum of Association:
2. The objects for which the company is established are:
2.1 For the sole purpose of acting as a not-for-profit community league or association….
… 2.5 Generally to act as a not-for-profit community league or association for Brookview
In 1993, it became evident that the association could not be a community league. Community leagues needed to be registered under the Societies Act and needed to have a volunteer membership, whereas BCAL’s membership was compulsory. Community Leagues could run programs such as soccer and apply for grants and run bingos and casinos. It was decided that a separate Brookview Community League needed to be established and on May 28, 1993, the Brookview Community League (Edmonton) Society was incorporated. (Commonly referred to as BCL)
BCAL continued to function into the mid 1990s as an overall community organization, sponsoring pancake breakfasts and winter carnivals. As it started to make improvements outside of it’s specifically owned lands, it’s board decided to pave the playground parking lot in 1998 and was met with resistance from some homeowners that believed the phrase, “common lands and amenities” did not mean the general Brookview community and that BCAL should restrict itself to only maintaining the walkways that it owned.
On April 30, 1998, BCAL held a Special General Meeting and changes were agreed upon to the Memorandum of Association and Articles of Association. These documents governed how the Brookview Community Association should run and what powers it has. The changes decided upon would clarified the role that BCAL had in Brookview, allowing it to clearly sponsor, support and finance any activity that supported the betterment of it’s members in the Brookview Community. On August 26, 1998, a court order was granted that made the changes to the Memorandum and Articles of Association binding and legal. Highlights of the changes included:
An interpretation and definition of “Common Lands and Amenities” which would mean:
(i) those lands owned or leased by the Company; and
(ii) all grounds, parks, buildings, parking facilities, recreational
amenities, landscaping and all other amenities, which are common
facilities located within Brookview and designated by the Board as
Common Lands and Amenities;
The amendments gave BCAL the ability to make a difference to all of Brookview:
2.2 To provide for the ownership, acquisition, operation, care, maintenance,
construction, expansion and alteration of Common Lands and Amenities and to
enter into Agreements in connection therewith;
2.3 Generally to act as a not-for-profit community association for Brookview, and in
so doing carry out the following:
(i) Manage and operate the community functions of the Company;
(ii) Coordinate social and other community functions that the Members
assign to the Company; and
(iii) Promote the community interests of the Members of the Company;
2,4 To manage and control landscaping features and other fixtures which may be
erected or placed on or in Brookview by or for the Company or have been or are
placed on or in Brookview by the Company;
2.5 Generally to carry out all duties and functions assigned to the Company under
those encumbrances registered against the title of each lot located in Brookview;
2.6 To collect fees, assessments and other charges from the owners of parcels within
Brookview to provide for the performance of the duties and functions of the
2.7 To do all such lawful things as are incidental or conducive to the attainment of the
above objects or any of them.
In summary, the changes made to the Articles of Association in 1998 gave BCAL the ability to any make changes to the general community of Brookview, that the board sees fit to benefit the entire community. Such enhancements recently include the painting of perimeter and main roadway fencing, the erection of south entrance brick Brookview sign, the financial assistance in the building of the Brookview Centre and the sponsoring the outdoor ice rink.
In 2000, the BCAL board commissioned a reserve fund study that determined what it would cost Brookview to maintain and repair all the assets that it was responsible for in the community. It was determined that based on the results of the report, a reserve fund would have to be established in order to prepare BCAL financially for the inevitable repair and replacement of items such as the sidewalks and tennis courts and the community sign. Up until this time, homeowners had paid $80 per year and even when the GST was put in place, the $80 fee did not increase. At the 2000 AGM, members voted to increase the fees to $120/year plus GST. This increase would allow the association to put 20% aside into the reserve fund and still be able to afford to maintain its other financial obligations. The reserve fund was indeed deemed necessary in 2003, when close to a kilometer of the community’s 1.6 kilometers of sidewalk was replaced due to extreme cracking.
From the beginning of BCAL’s existence, it was implied that it owned the tennis court and outdoor ice rink and that it was responsible for the maintenance and upkeep of those facilities. The ownership was never truly possible as these facilities were located on City leased land. The community league operated the programs that used these facilities, but needed ownership in order to insure them properly. On January 1, 2003, a Memorandum of Agreement was made between BCAL and the community league that formally gave ownership of the rink, tennis court to the community league.
In June of 2004, cosmetic changes were made to the Articles of Association that removed much of the references to Genstar and Melcor.
In 2007, another reserve fund study was commissioned that confirmed that BCAL was handling its reserve fund appropriately.
In summary, the Brookview Community Association is now moving forward with the complete understanding of it’s capabilities, responsibilities and empowerment to maintain and improve the community of Bulyea Heights. The community has the unique situation whereas both the homeowners association and the community league share the same boundaries. Together both groups will be able to continue to make Brookview vibrant and visually and culturally appealing for both current and future residents. BCAL will strive to bring the community together and bring a sense of community to the members of Brookview.
Documents available to view:
1986 City Bulyea Heights Neighbourhood Structure Plan.pdf (2.28 Meg)
Original Certificate of Association and Nuance search - Brookview Community Association - October 17 1986.pdf (1.15 Meg)
Original Memorandum of Association - Brookview Community Association - October 17 1986.pdf (278 Kb)
Encumbrance on titles.pdf (192 Kb)
Court Order allowing Amendment - Brookview Community Association - August 27 1998.pdf (377 Kb)
Registration Statement - Brookview Community Association - August 27 1998.pdf (50 Kb)
Memorandum of Association - Brookview Community Association - August 27 1998.pdf (426 Kb)
Articles of Association - Brookview Community Association - August 27 1998.pdf (1 Meg)
BCAL 1999 Financial statement and budgets.pdf (6 Kb)
BCAL owned land.pdf (335 Kb)
Reserve Fund Study 2000.pdf (334 Kb)
Memorandum of Understanding between BCAL and BCL - January 1 2003.pdf (205 Kb)
Current BCAL Articles of Association - filed June 21 2004.pdf (819 Kb)
BCAL 2007 Reserve Fund Study.pdf (1.64 Meg)