Bylaws

 

 ACCESS

STRATA PLAN – LMS 4634

BYLAWS

(Last updated at the June 22, 2016 AGM)

Please find attached a copy of the Bylaws and / or amendments for

Strata Corporation LMS 4634

These Bylaws are provided on a “without prejudice” basis. If you require Bylaws for legal purposes, we recommend you obtain an exact copy of the Strata Corporation’s registered Bylaws from the Land Titles Office and consult professional legal counsel regarding their content.

THE WYNFORD GROUP

Managing Agents for

Strata Plan LMS 4634

.

STRATA PLAN LMS 4634 – ACCESS

BYLAWS

Annual General Meeting held on June 22, 2016

Preamble

These bylaws bind the strata corporation and the owners, tenants and occupants to the same extent as if the bylaws had been signed by the strata corporation and each owner, tenant and occupant and contained covenants on the part of the strata corporation with each owner, tenant and occupant and on the part of each owner, tenant and occupant with every other owner, tenant and occupant and with the strata corporation to observe and perform their provisions.

Unless otherwise stated, all terms have the meanings prescribed in the Strata Property Act, S.B.C. 1998, c.43 (the “Act”). For the purposes of these bylaws, “residents” means, collectively, owners, tenants and occupants and “a resident” means, collectively, an owner, a tenant and an occupant.

These bylaws supersede the Schedule of Standard Bylaws to the Act.

Division 1 – Duties of Owners, Tenants, Occupants and Visitors

1. Application

1.1 The Bylaws apply to every Strata Lot and to every Owner.

1.2 The Bylaws are unenforceable to the extent that they contravene the Strata Property Act, the Regulations, the Human Rights Code or any other enactment or law.

2. Payment of Strata Fees

2.1 An Owner must pay strata fees on or before the first day of the month to which the Strata fees relate.

2.2 An owner must pay all Special Levies in accordance with the resolution approving such Special Levy in accordance with the Act.

2.3 Any owner not making payments in accordance with sections 2.1 and 2.2 may be subject to a fine in accordance with section 34.1 of these Bylaws and will be charged interest at the rate of 10% per annum compounded annually on any overdue amounts.

3. Use of Property

3.1 An owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that

(a) causes a nuisance or hazard to another person,

(b) causes unreasonable noise,

(c) unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot,

(d) is illegal, or contravenes City of Surrey Bylaws, BC Provincial Statutes or the Criminal Code of Canada,

(e) is contrary to a purpose for which the strata lot or common property is intended as shown expressly or by necessary implication on or by the strata plan,

(f) is injurious to the reputation of the Strata Corporation,

(g) will increase the rate of insurance of the property or any part thereof,

(h) will cause a false alarm that results in the attendance of the Surrey Fire Department or RCMP.

3.2 An owner, tenant, occupant or guest must not cause damage, other than reasonable wear and tear, to the common property, common assets or those parts of a strata lot which the strata corporation must repair and maintain under these bylaws to insure under Section 149 of the Act.

3.3 An owner, tenant, occupant or guest must not consume alcohol on strata common property or common assets.

3.4 An owner, tenant, occupant or visitor must not:

(a) smoke on common or limited common property, including, but not exhaustively, hallways, stairwells, elevators, common area gardens and grass, patios and balconies. In addition, a resident or visitor must not smoke anywhere closer than 6 metres to doorways, windows or any air intakes.

(b) For the purpose of this bylaw, “smoke” or “smoking” includes inhaling, exhaling, burning or carrying of a lighted cigarette, cigar, pipe, hookah pipe, or other lighted smoking equipment that burns tobacco or other substances.

3.5 An owner, tenant, occupant or visitor must not display or erect fixtures, poles, clotheslines, racks, storage sheds and similar structures permanently or temporarily on limited common property or on common property. Despite the foregoing, the placing of items on the limited common property, balconies or patio areas shall be limited to free standing, self contained planter boxes or containers, bicycles, summer furniture and accessories.

3.6 (a) A resident must not use a strata lot, common property or common assets in a way that is including, but not limited to the following:

i) a rental of less than 30 days,

ii) hotel or hotel-like accommodation,

iii) boarding house,

iv) house “letting”,

v) bed and breakfast, or

vi) other short term accommodations, including granting of a license to use a strata lot for short term stays.

(b) In addition, a resident must not enter or permit anyone else to enter into an agreement to license the use of a residential strata lot for the purpose of providing any short term accommodations or temporary residence.

4. Inform Strata Corporation

4.1 Within 2 weeks of becoming an owner, an owner must inform the strata corporation of the owner's name, strata lot number and mailing address outside the strata plan, if any.

4.2 On request by the strata corporation, a tenant must inform the strata corporation of his/her name.

5. Obtain Approval Before Altering a Strata Lot

5.1 An owner must obtain the written approval of the strata corporation before making an alteration to a strata lot that involves any of the following:

(a) the structure of a building;

(b) the exterior of a building;

(c) chimneys, stairs, balconies or other things attached to the exterior of a building;

(d) doors, windows or skylights on the exterior of a building, or that front on the common property;

(e) fences, railings or similar structures that enclose a patio, balcony or yard;

(f) common property located within the boundaries of a strata lot;

(g) those parts of the strata lot which the strata corporation must insure under Section 149 of the Act.

(h) alterations to wiring and plumbing. Municipal permits must be obtained prior to any alteration and owners shall provide the strata council with copies of such building permits.

5.2 Any alteration or addition made by an owner without such approval may be restored or removed by the strata corporation or its authorized agent and any costs incurred by the strata corporation as a result thereof, shall forthwith be paid by such owner to the strata corporation.

5.3 An owner who is permitted to make alterations shall be responsible for the clean-up and removal of all resulting construction debris on a timely basis.

5.4 The strata corporation must not unreasonably withhold approval under subsection 5.1, but may require, as a condition of its approval, that the owner agree, in writing, to take responsibility for any expenses relating to the alteration and to hold harmless the strata corporation for any future costs in connection with the alteration.

6. Obtain Approval Before Altering Common Property

6.1 An owner must obtain the written approval of the strata corporation before making an alteration to common property, including limited common property, or common assets.

6.2 An owner, as part of its application to the strata corporation for permission to alter common property, limited common property or common assets, must:

(a) submit, in writing, detailed plans and description of the intended alteration;

(b) obtain all applicable permits, licenses and approvals from the appropriate governmental authorities and provide copies to the strata council; and

6.3 The strata corporation may arbitrarily withhold its consent and may require, as a condition of its approval, that the owner agree, in writing, to certain terms and conditions, including, not exhaustively, the following:

(a) that alterations be done in accordance with the design or plans approved by the strata council or its duly authorized representatives;

(b) that the standard of work and materials be not less than that of the existing structures;

(c) that all work and materials necessary for the alteration be at the sole expense of the owner;

(d) that the owner from time to time of the strata lot receiving the benefit of an alteration to common property, limited common property or common assets, must, for so long as he or she remains the owner, be responsible for all present and future maintenance, repairs and replacements, increases in insurance, and any damage suffered or cost incurred by the strata corporation as a result, directly or indirectly, of the alterations to common property, limited common property or common assets;

(e) that the owner and any subsequent owner on title who receives benefit of such alteration, must, with respect only to claims or demands arising during the time that they shall have been owner, indemnify and hold harmless the strata corporation, its council members, employees and agents from any and all claims and demands whatsoever arising out of or in any manner attributable to the alteration. Any costs or expenses incurred by the strata corporation as the result of such claim or demand will be the responsibility of the owner, from time to time, of the strata lot who has benefitted from the alteration and the said costs or expenses incurred must be charged to that owner and shall be added to and become part of the strata fees of that owner for the month next following the date upon which the cost or expenses are incurred, but not necessarily paid by the strata corporation, and shall become due and payable on the due date of payment of monthly strata fees.

6.4 An owner who has altered common property, limited common property or common assets prior to the passage of these bylaws shall be subject to their content and intent to the extent that any damages suffered or costs incurred by the strata corporation as a result, directly or indirectly, of the alteration, must be borne by the owner who has benefitted from the alteration.

6.5 An owner who, subsequent to the passage of bylaws 6.1 to 6.3 inclusive, alters common property, limited common property or common assets without adhering strictly to these bylaws, must restore, at the owner’s sole expense, the common property, limited common property or common assets, as the case may be, to its condition prior to the alteration. If the owner refuses or neglects to restore the alteration to its original condition, the strata corporation may conduct the restoration, at the expense of the owner who altered the common property, limited common property or common asset. The cost of such alteration shall be added to and become part of the strata fees of that owner for the month next following the date on which the cost was incurred and will become due and payable on the due date of payment of monthly strata fees.

7. Renovations and Alterations

7.1 An owner must not permit any construction debris, packaging, or other materials to be deposited in the strata corporation’s disposal containers.

7.2 An owner must be responsible to ensure:

(a) drop cloths and protective pads are installed and removed daily within and between the elevator and the strata lot as well as between other doors to protect common areas from any spillage, dripping or dust; and

(b) stairs, lobbies and paths leading to the strata lot are cleaned and vacuumed at the end of the daily construction.

7.3 An owner must ensure that the hours of work are restricted to 8:00 a.m. to 5:00 p.m., Monday to Friday, and 10:00 a.m. to 5:00 p.m., Saturdays, Sundays and statutory holidays.

7.4 An owner performing or contracting with others to perform renovations or alterations will be responsible, financially and otherwise, for ensuring that any and all required permits and licenses are obtained.

7.5 No exterior projections shall be used or installed in or about the property, including, but not limited to, shades, awnings, window or balcony guards, ventilators, satellite dishes, cables or wires, supplementary heating, air conditioning devices, except as approved, in writing, by the council.

7.6 No structural alterations to the exterior of the building shall be made by the residents/owners.

8. Pets and Animals

8.1 An owner, tenant, occupant or visitor must ensure that all animals are leashed or otherwise secured when on the common property or land that is a common asset.

8.2 An owner, tenant or occupant must not keep any pets or animals on the strata lot other than the following:

(a) a reasonable number of fish or other small aquarium animals;

(b) a reasonable number of small caged mammals;

(c) up to 2 caged birds;

(d) a combined total of 2 dogs/cats, i.e. 1 dog and 1 cat or 2 dogs or 2 cats.

Reasonable numbers are at strata council’s discretion, and all pets or animals are subject to review upon request.

(e) No breed of dog designated as “vicious” shall be permitted to visit or reside at LMS 4634, Access, regardless of it’s age or size. The designation of “vicious” applies to the following breeds; A Pit Bull Terrier, American Pit Bull Terrier, Pit Bull, Staffordshire Bull Terrier, American Staffordshire Terrier or any dog of mixed breeding, which includes any of the aforementioned breeds;

(f) Any dog deemed “vicious” as stated in bylaw 8.2 (e) found to be on common property or limited common property or any strata lot will constitute a bylaw infraction and subject to fines.

8.3 A resident must not harbor exotic pets of any kind. Animals generally considered pests, such as rats and mice are prohibited pets.

8.4 A resident must apply to the strata council for written permission to keep a pet/pets by registering the pet with the council 10 days prior to the pet residing on a strata lot (or the passage of this bylaw) and by providing, in writing, the name of the pet, breed, colour and markings, together with the name, strata lot number and telephone number of the pet owner.

8.5 An owner, tenant or visitor must ensure that pets are kept quiet and controlled and will not permit pets to urinate or defecate on the common property, limited common property or common assets of the strata corporation.

8.6 The owner of the strata lot is responsible for the cost of any special cleaning, floor covering replacement, or painting required as a result of a pet soiling common, limited common or common asset property.

8.7 A strata lot owner must assume all liability for all actions by a pet, regardless of whether the owner had knowledge, notice or forewarning of the likelihood of such action.

8.8 An owner, tenant, occupant or visitor must not keep a pet which is a nuisance on a strata lot, on common property or on land that is a common asset. If, in the opinion of strata council, the pet is a nuisance or has caused or is causing an unreasonable interference with the use and enjoyment by residents, of the common property, limited common property or common assets, the strata council may order such pet to be removed permanently from the strata lot, the common property or common asset or all of them. Removal must occur within 30 calendar days of notification being served.

9. Permit to Enter Strata Lot

9.1 A resident or visitor must allow a person authorized by the strata corporation to enter the strata lot or limited common property

(a) in an emergency, without notice, to ensure safety or prevent significant loss or damage;

(b) at a reasonable time, on 48 hours written notice,

(i) to inspect, repair, renew, replace or maintain common property, common assets and any portions or a strata lot that are the responsibility of the strata corporation to repair, replace, renew and maintain under these bylaws or the Act or to insure under Section 149 of the Act; or

(ii) to ensure a resident’s compliance with the Act, bylaws and rules.

9.2 The notice referred to in bylaw 9.1 (b) must include the date and approximate time of entry and the reason for entry.

9.3 If forced entry to a strata lot is required due to access in an emergency and the inability to contact the owner of the strata lot or the owner’s designated emergency contact, the owner shall be responsible for all costs of forced entry incurred by the strata corporation.

10. Rentals

10.1 The owner shall provide, to the strata corporation, a Form K Tenant’s Undertaking in accordance with Section 146 of the Act.

10.2 An owner who leases his/her strata lot is liable for any bylaw or rule infractions committed by his/her tenants or their guests. Where a tenant contravenes a bylaw or rule, the strata council may take action, including, but not limited to:

(a) a written warning;

(b) a fine levied against the owner as outlined in Division 4 of this document;

(c) in cases of serious or repeated infractions, revocation of permission to rent the unit. In the event that this option is exercised, the owner will be given sufficient time to evict his/her tenant as per the Residential Tenancy Act or any other relevant legislation.

10.3 No tenant shall be allowed to sub-lease a strata lot.

11. Waiting List

12. Move In/Out

12.1 An owner must conform and ensure that any tenants conform to the Move-in/out rules established by council from time to time.

12.2 An owner must provide notice of moving arrangements to the strata corporation at least 48 hours prior to the moving time.

12.3 All moves must take place between the hours of 9:00 a.m. and 5:00 p.m., Monday to Friday, and 10:00 a.m. and 5:00p.m., Saturdays, Sundays and statutory holidays.

12.4 An owner or tenant using the elevator during a move must book the elevator, procure and use the elevator service key to control the device. Protective pads must be installed. Doors of the elevator must not be held or jammed open in any manner.

12.5 An owner or tenant must ensure that building doors are not left open, ajar or unattended and that moving articles are not left piled in common areas.

12.6 A fee of $50 must be paid to the Strata Corporation 48 hours prior to each move in or move out. Owners of suites are responsible to pay move in/out fees on behalf of their tenants.

12.7 In addition, a damage security deposit of $150 must be paid to the strata corporation prior to moving in or moving out. Owners of suites are responsible to provide security deposits on behalf of their tenants.

12.8 A member of the strata council/caretaker and the moving party will make a before and after inspection of the area through which the move will take place, to ensure that all common areas are left clean and damage free. A resident may be required to clean and vacuum any common areas left dirty by the move, at the council/caretaker’s discretion.

12.9 Any damage costs, including, but not limited to damage to the elevator, over and above the moving fee shall be deducted from the deposit. Any expenses incurred by the strata corporation attributable to the resident and all fines levied will also be deducted from the deposit, with the balance, should there be one, to be charged to the owner’s account.

13. Damage to Property

13.1 No owner, tenant, occupant or invitee shall do anything or omit to do anything that causes damage to the common property or to the common assets.

13.2 An owner shall indemnify and save harmless the strata corporation from and against any and all manner of actions, causes of action, damages, costs, loss, or expenses of whatever kind (including, without limitation, legal fees on a solicitor and client basis) which the strata corporation may sustain, incur, or be put to by reason of, or arising out of:

(a) any act or omission of an owner, tenant or guests of an owner or tenant;

(b) the non-observance or violation, by an owner, tenant or guests of an owner or tenant, of the Act, Regulations, Bylaws or Rules.

14. Insurance

14.1 An owner shall indemnify and save harmless the strata corporation from the expense of any maintenance, repair or replacement rendered necessary to the common property, limited common property, common assets or to any strata lot by the owner’s act, omission, negligence, responsibility, or carelessness or by that of an owner’s visitors, occupants, guests, employees, agents, tenants or a member of the owner’s family, but only to the extent that such expense is not reimbursed from the proceeds received by operation of any insurance policy. In such circumstances, and for the purposes of these bylaws, any insurance deductible paid or payable by the strata corporation shall be considered an expense not covered by the proceeds received by the strata corporation as insurance coverage and will be charged to the owner.

14.2 Despite bylaw 14.1, an owner is strictly liable to the strata corporation and to other residents for any damage to common property, limited common property, common assets or to any strata lot as a result of:

(a) any, but not limited to the following items located in the owner’s strata lot:

• dishwasher;

• refrigerator with ice / water dispensing capabilities;

• garburator;

• washing machine;

• toilets, sinks, bathtubs, plumbing pipes, fixtures and hoses;

• fireplaces; and

• anything introduced into the strata lot by the owner;

(b) any alterations or additions to the strata lot, the limited common property or the common property made by the owner or by prior owner(s) of the strata lot;

(c) any of the following areas of limited common property that an owner is required to maintain and repair;

(i) drain on the deck, balcony or patio designated as limited common property for the owner’s strata lot;

(d) any pets residing in or visiting at the owner’s strata lot; and

(e) any persons residing in or visiting at the owner’s strata lot.

14.3 An owner shall indemnify and save harmless the strata corporation from the expense of any maintenance, repair or replacement rendered necessary to the common property, limited common property, common assets or to any strata lot arising from bylaws 14.1 and 14.2 above, but only to the extent that such expense is not reimbursed from the proceeds received by operation of any insurance policy held by the strata corporation. In such circumstances, any insurance deductible paid or payable by the strata corporation shall be considered an expense not covered by the proceeds received by the strata corporation as insurance coverage and will be charged to the owner.

14.4 For the purposes of bylaws 14.1, 14.2 and 14.3, any insurance deductibles or uninsured repair costs charged to an owner shall be added to, and become part of, the assessment of that owner for the month next following the date on which the expense was incurred and shall become due and payable on the date of payment of the monthly assessment.

14.5 Each owner of a strata lot is solely responsible for all forms of property and liability insurance on his or her strata lot and for all or any fixtures, contents, or improvements therein and thereto against perils not insured by the strata corporation, for amounts in excess of amounts insured by the strata corporation, and for whatever is not covered by the insurance policies of the strata corporation.

14.6 The adoption of bylaws 14.1 through 14.5 does not in any way limit the strata corporation’s ability to rely upon Section 158 (2) of the Act.

15. Security

15.1 In the interest of maintaining maximum security, all secure doors to the building shall be kept closed and locked at all times. At no time are any doors to be propped open and left unattended.

15.2 All doors must be firmly pulled shut to ensure they are locked.

15.3 No owner, tenant or guest shall let allow another person into the building, unless that person is known to them. This particularly applies to persons claiming to be tradesmen or delivery persons – there is no reason for them to enter the building unless the person they are calling on is at home.

15.4 Residents should report, to the police, any suspicious person(s) in or around the building.

15.5 An owner, tenant or guest must wait at the garage gate until it has fully closed before proceeding into or away from the Access building.

16. Illegal Activity

16.1 Where the strata corporation determines that illegal activity is taking place in a strata lot or on the common property or common asset, the owner must, regardless of whether they had knowledge, notice or forewarning of such illegal activity, pay all costs incurred by the strata corporation in connection with the investigation and removal of such illegal activity, including, and without limitation, any increases in insurance, disposal costs, and the costs to repair any damage to any strata lot, common property, limited common property or common asset.

17. Parking

17.1 No owner, tenant, occupant or guest shall park a vehicle anywhere on the premises except in the parking stall assigned to the strata lot occupied by such owner, tenant or occupant.

17.2 No owner, tenant, occupant or guest shall repair, adjust or wash any vehicle on the premises so as to cause a nuisance, inconvenience or mess to an owner, tenant or occupant or to cause damage to the premises, and, notwithstanding the generality of the foregoing, no owner, tenant or occupant shall do tune-ups, oil changes or vehicle repairs/maintenance on the premises.

17.3 Notwithstanding the generality of bylaw 17.2, no owner, tenant or occupant shall wash a vehicle on any part of the premises other than that part of the premises designated for washing vehicles, from time to time. The designated wash area must be hosed down and all dirt and refuse removed, hose returned to its holder and the water turned off.

17.4 No owner, tenant, occupant or guest shall use a parking stall for any purpose other than parking a vehicle, and, notwithstanding the generality of the foregoing, no owner, tenant, occupant or guest shall use a parking stall for storage.

17.5 No owner, tenant, occupant or guest shall:

(a) cause or permit a vehicle that is not registered or insured in British Columbia to be parked on the premises. Proof of valid storage insurance must be clearly displayed on the dash;

(b) cause or permit a vehicle that is not in working order to be parked on the premises;

(c) cause or permit a vehicle to be parked or left unattended in a manner that interferes with parking stalls, access lanes, emergency vehicle lanes or no parking zones;

(d) operate a vehicle in the parking areas at a speed more than 5 kms per hour.

(e) cause or permit any oversized, commercial or recreational vehicles, including, but not exhaustively, boat trailers and campers to enter or be parked or stored on common property, limited common property or land that is a common asset.

17.6 An owner must not sell, lease or license parking stalls to any person other than an owner or occupant of the Access.

17.7 An owner, tenant or occupant who parks a vehicle on the premises shall:

(a) purchase a $25 parking decal from the strata corporation confirming that the vehicle may be parked on the premises;

(b) not park a vehicle on the premises unless a parking decal/pass is visibly displayed in the vehicle;

(c) park only a motorcycle and one other vehicle in a single parking space or a motorcycle and two other vehicles in a tandem parking space;

(d) not cause or permit a vehicle to leak oil, gas or other fluids, and, notwithstanding the generality of the foregoing, shall not cause a parking stall to become or to remain stained.

18. Visitor Parking

18.1 An invitee may park a vehicle in visitor parking provided that:

(a) the purpose of parking in Access visitor parking is to visit a resident of Access.

(b) a visitor using visitor parking must display a visitor parking pass displaying the strata lot number of the Access unit being visited;

(c) the vehicle is parked in visitor parking for no more than 2 consecutive days.

18.2 No owner, tenant, or occupant shall:

(a) park a vehicle in visitor parking;

(b) permit any person to park a vehicle in visitor parking except in accordance with bylaw 18.1;

(c) park or permit any person to park a vehicle in the spaces designated for handicapped individuals, unless a handicapped sign is visibly displayed in the vehicle.

18.3 Where a vehicle:

(a) is parked in an area in which parking is prohibited; or

(b) constitutes a breach of bylaws 18.1 or 18.2, the strata corporation shall be entitled to tow such vehicle, and the owner of such vehicle shall be responsible for all related costs.

 

Division 2 – Powers and Duties of Strata Corporation

19. Repair and Maintenance of Property by Strata Corporation

19.1 The strata corporation must repair and maintain the following:

(a) common assets of the strata corporation;

(b) common property that has not been designated as limited common property;

(c) limited common property, but the duty to repair and maintain it is restricted to:

(i) repair and maintenance that in the ordinary course of events occurs less often than once a year, and

(ii) the following, no matter how often the repair or maintenance ordinarily occurs:

(A) the structure of a building;

(B) the exterior of a building;

(C) chimneys, stairs, balconies and other things attached to the exterior of a building;

(D) doors, windows or skylights on the exterior of a building or that front on the common property;

(E) fences, railings and similar structures that enclose patios, balconies and yards;

(d) a strata lot in a strata plan, but the duty to repair and to maintain it is restricted to:

(i) the structure of a building;

(ii) the exterior of a building;

(iii) chimneys, stairs, balconies and other things attached to the exterior of a building;

(iv) doors and windows on the exterior of a building or that front on the common property;

(v) fences, railings and similar structures that enclose patios, balconies and yards.

 

Division 3 – Council

20. Council Size

20.1 The council must have at least 3 and not more than 7 members.

20.2 No person may stand for council if the strata corporation is entitled to register a lien against a strata lot under Section 116 (1) of the Strata Property Act.

21. Council Member’s Terms

21.1 The term of office of a council member ends at the end of the annual general meeting at which the new council is elected.

21.2 A person whose term as council member is ending is eligible for reelection.

21.3 Each council member (maximum of seven members) will be entitled to receive $50.00 compensation for each scheduled council meeting attended. This expense will be included in the operating budget each fiscal year and reported annually to owners.

22. Removing a Council Member

22.1 Unless all the owners are on council, the strata corporation may, by a resolution passed by a majority vote at an annual or special general meeting, remove one or more council members.

22.2 After removing a council member, the strata corporation must hold an election at the same annual or special general meeting to replace the council member for the remainder of the term.

23. Replacing a Council Member

23.1 If a council member resigns or is unwilling or unable to act for a period of 2 or more months, the remaining members of the council may appoint a replacement council member for the remainder of the term.

23.2 A replacement council member may be appointed from any person eligible to sit on the council.

23.3 The council may appoint a council member under this section even if the absence of the member being replaced leaves the council without a quorum.

23.4 If all the members of the council resign or are unwilling or unable to act for a period of 2 or more months, persons holding at least 25% of the strata corporation’s votes may hold a special general meeting to elect a new council by complying with the provisions of the Act, the Regulations and the Bylaws respecting the calling and holding of meetings.

24. Officers

24.1 At the first meeting of the council held after each annual general meeting of the strata corporation, the council must elect, from among its members, a president, a vice president, a secretary and a treasurer.

24.2 A person may hold more than one office at a time, other than the offices of president and vice president.

24.3 The vice president has the powers and duties of the president,

(a) while the president is absent or is unwilling or unable to act, or

(b) for the remainder of the president’s term if the president ceases to hold office.

24.4 If an officer other than the president is unwilling or unable to act for a period of 2 or more months, the council members may appoint a replacement officer from among themselves for the remainder of the term.

25. Calling Council Meetings

25.1 Any council member may call a council meeting by giving the other council members at least one week’s notice of the meeting, specifying the reason for calling the meeting.

25.2 The notice does not have to be in writing.

25.3 A council meeting may be held on less than one week’s notice if,

(a) all council members consent in advance of the meeting, or

(b) the meeting is required to deal with an emergency situation and all council members either

(i) consent in advance of the meeting, or

(ii) are unavailable to provide consent after reasonable attempts to contact them.

25.4 The council must inform owners about a council meeting as soon as feasible after the meeting has been called.

26. Requisition of Council Hearing

26.1 By application in writing, stating the reason for the request, an owner or tenant may request a hearing at a council meeting.

26.2 If a hearing is requested under subsection (1), the council must hold a meeting to hear the applicant within one month of the request.

26.3 If the purpose of the hearing is to seek a decision of the council, the council must give the

applicant a written decision within one week of the hearing.

27. Quorum of the Council

27.1 A quorum of the council is:

(a) 1, if the council consists of one member,

(b) 2, if the council consists of 2, 3 or 4 members,

(c) 3, if the council consists of 5 or 6 members, and

(d) 4, if the council consists of 7 members.

27.2 Council members must be present in person at the council meeting to be counted in establishing quorum.

28. Council Meetings

28.1 At the option of the council, council meetings may be held by electronic means, so long as all council members and other participants can communicate with each other.

28.2 If a council meeting is held by electronic means, council members are deemed to be present in person.

28.3 Owners may attend council meetings as observers.

28.4 Despite subsection (3), no observers may attend those portions of council meetings that deal with any of the following:

(a) bylaw contravention hearings under Section 135 of the Act;

(b) rental restriction bylaw exemption hearings under Section 144 of the Act;

(c) any other matters if the presence of observers would, in the council’s opinion, unreasonably interfere with an individual’s privacy.

29. Voting at Council Meetings

29.1 At council meetings, decisions must be made by a majority of council members present, in person, at the meeting.

29.2 Unless there are only 2 strata lots in the strata plan, if there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote.

29.3 The results of all votes at a council meeting must be recorded in the council meeting minutes.

30. Council to Inform Owners of Minutes

30.1 The council must inform owners of the minutes of all council meetings within 2 weeks of the meeting, whether or no the minutes have been approved.

31. Delegation of Council’s Powers and Duties

31.1 Subject to subsections (2) to (4), the council may delegate some or all of its powers and duties to one or more council members or persons who are not members of the council, and may also revoke such delegation of power.

31.2 The council may delegate its spending powers or duties, but only by a resolution that

(a) delegates the general authority to make an expenditure of a specific amount for a specific purpose, or

(b) delegates the general authority to make expenditures in accordance with subsection (3).

31.3 A delegation of a general authority to make expenditures must

(a) set a maximum amount that may be spent, and

(b) indicate the purposes for which, or the conditions under which the money may be spent.

31.4 The council may not delegate its powers to determine, based on the facts of a particular case,

(a) whether a person has contravened a bylaw or rule,

(b) whether a person should be fined, and the amount of the fine, or

(c) whether a person should be denied access to a recreational facility.

32. Spending Restrictions

32.1 A person may not spend the strata corporation’s money unless the person has been delegated the power to do so in accordance with these bylaws.

32.2 Despite subsection (1), a council member may spend the strata corporation’s money to repair or replace common property or common assets if the repair or replacement is immediately required to ensure safety or prevent significant loss or damage.

33. Limitation on Liability of Council Member

33.1 A council member who acts honestly and in good faith is not personally liable because of anything done or omitted in the exercise or intended exercise of any power or the performance or intended performance of any duty of the council.

33.2 Subsection (1) does not affect a council member’s liability, as an owner, for a judgment against the strata corporation.

Division 4 – Enforcement of Bylaws and Rules

34. Maximum Fine

34.1 The strata corporation may fine an owner or tenant a maximum of:

(a) $200 for each contravention of a bylaw, and

(b) $50 for each contravention of a rule.

34.2 The council must, if it determines, in its discretion, that a resident is in repeated contravention of any bylaws and rules of the strata corporation, levy fines and the fines, so levied, shall be immediately added to the strata fees for the strata lot and shall be due and payable, together with the strata fees for the strata lot, in the next month following such contravention.

34.3 If an activity or lack of activity that constitutes a contravention of a bylaw or rule continues, without interruption, for longer than 7 days, a fine may be imposed every 7 days.

Division 5 – Annual and Special General Meetings

35. Quorum of Meetings

35.1 If, within 15 minutes from the time appointed for an annual or special general meeting, a quorum is not present, the eligible voters, present in person or by proxy, will then constitute a quorum.

This bylaw 35.1 is an alternative to Section 48(3) of the Act. This bylaw does not apply to a meeting demanded, pursuant to Section 43 of the Act and failure to obtain a quorum for a meeting demanded pursuant to Section 43 terminates, and does not adjourn, that meeting.

36. Person to Chair Meetings

36.1 Annual and special general meetings must be chaired by the president of the council.

36.2 If the president of the council is unwilling or unable to act, the meeting must be chaired by the vice president of the council.

36.3 If neither the president nor the vice president of the council chairs the meeting, a chair must be elected by the eligible voters present, in person or by proxy, from among those persons who are present at the meeting.

37. Participation of Other than Eligible Voters

37.1 Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote.

37.2 Persons who are not eligible to vote, including tenants and occupants, may not participate in the discussion at the meeting, unless permitted to do so by the chair of the meeting.

37.3 Persons who are not eligible to vote, including tenants and occupants, must leave the meeting if requested to do so by a resolution passed by a majority vote at the meeting.

38. Voting

38.1 Except on matters requiring a unanimous vote, the vote for a strata lot may not be exercised if the strata corporation is entitled to register a lien against that strata lot under Section 116(1) of the Act.

38.2 Except on matters requiring a unanimous vote, the vote for a strata lot may not be exercised if there are amounts owing to the strata corporation charged against the strata lot in respect of administration fees, bank charges, fines, penalties, interest or the costs, including the legal costs, of remedying a contravention of the bylaws or rules, including legal costs, for which the owner is responsible under Section 131 of the Act.

38.3 At an annual or special general meeting, voting cards must be issued to eligible voters.

38.4 At an annual or special general meeting a vote is decided on a show of voting cards, unless an eligible voter requests a precise count.

38.5 If a precise count is requested, the chair must decide whether it will be by show of voting cards or by roll call, secret ballot or some other method.

38.6 The outcome of each vote, including the number of votes for and against the resolution if a precise count is requested, must be announced by the chair and recorded in the minutes of the meeting.

38.7 If there is a tie vote at an annual or special general meeting, the president, or, if the president is absent or unable or unwilling to vote, the vice president may break the tie by casting a second, deciding vote.

38.8 Despite anything in this section, an election of council or any other vote must be held by secret ballot, if the secret ballot is requested by an eligible voter.

39. Order of Business

39.1 The order of business at annual and special general meetings is as follows:

(a) certify proxies and corporate representatives and issue voting cards;

(b) determine that there is a quorum;

(c) elect a person to the chair the meeting, if necessary;

(d) present to the meeting proof of notice of meeting or waiver of notice;

(e) approve the agenda

(f) approve minutes from the last annual or special general meeting;

(g) deal with unfinished business;

(h) receive reports of council activities and decisions since the previous annual general meeting, including reports of committees, if the meeting is an annual general meeting;

(i) ratify any new rules made by the strata corporation under Section 125 of the Act.

(j) report on insurance coverage in accordance with Section 154 of the Act, if the meeting is an annual general meeting;

(k) approve the budget for the coming year in accordance with Section 103 of the Act, if the meeting is an annual general meeting;

(l) deal with new business, including any matters about which notice has been given under Section 45 of the Act;

(m) elect a council, if the meeting is an annual general meeting;

(n) terminate the meeting.

 

Division 6 – Voluntary Dispute Resolution

40. Voluntary Dispute Resolution

40.1 A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if:

(a) all the parties to the dispute consent, and

(b) the dispute involves the Act, the Regulations, the Bylaws or the Rules.

40.2 A dispute resolution committee consists of:

(a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or

(b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.

40.3 The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

Division 7 – Marketing Activities

41. Marketing Activities

41.1 An owner developer who has an unsold strata lot may carry on sales functions that relate to its sale, including the posting of signs.

41.2 An owner developer may use a strata lot, that the owner developer owns or rents, as a display lot for the sale of other strata lots in the plan.

41.3 Real estate signs must not be displayed in a strata lot or on the common property except in the location designated by the strata corporation for real estate signs.

 

Division 8 – Small Claims Court Proceedings

42. Small Claims

42.1 The strata corporation may proceed under the Small Claims Act, without further authorization by the owners, to recover from an owner, by an action in debt in Small Claims Court, money owing to the strata Corporation, including money owing as administration fees, bank charges, fines, penalties, interest or the costs, including legal costs, of remedying a contravention of the bylaws or rules and to recover money which the strata corporation is required to expend as a result of the owner’s act, omission, negligence or carelessness or by that of an owner’s visitors, occupants, guests, employees, agents, tenants or family member.

• Bylaws repealed and replaced in its entirety – June 10, 2010 AGM

• Bylaws 8.2 (e) & (f) added – August 10, 2011 AGM

• Bylaws 14 in its entirety amended– August 10, 2011 AGM

• Bylaw 8.2 (d) amended – July 10, 2012 AGM

• Bylaw 21.3 added – September 8, 2014 AGM

• Bylaw 35.1 amended – June 17, 2015 AGM

• Bylaws 3.4, 3.5 & 3.6 added – June 22, 2016 AGM

 

 

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