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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. 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.
The Schedule of Standard Bylaws to the Act does not apply to the
strata corporation.
Duties of Owners, Tenants, Occupants and Visitors.1.
Compliance with bylaws and rules
1.1 All residents and visitors must comply with the bylaws and rules
of the strata corporation adopted from time to time.
2. Payment of strata fees and special levies
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 may provide the strata corporation or its agent with
twelve (12) consecutive, monthly post-dated cheques for strata fees
for the fiscal year of the strata corporation, dated as of the first
day of each month or, if applicable, written authorization for monthly
automatic debit from the owner's bank account.
2.3 An owner may elect to prepay the annual strata fees upon receiving
notice of budgetary approval.
2.4 Where an owner fails to pay strata fees in accordance with bylaw
2.1, outstanding strata fees will be subject to an interest charge
of 10% per annum, compounded annually. In addition to interest,
failure to pay strata fees on the due date will result in a fine
of $100 for each contravention of bylaw 2.1.2.5 Each dishonoured
cheque or dishonoured automatic debit will be subject to a fine
of $100 and an administration fee of $25.
2.6 A special levy is to be due and payable on the date or dates
specified in the resolution authorizing the special levy.
2.7 Failure to pay a special levy by the first of the month following
which it is due or is unpaid on the first of any subsequent month
will result in a fine of $100 for each such month until the due
amount is paid in full.
2.8 Where an owner fails to pay a special levy in accordance with
bylaw 2.6, outstanding special levies will be subject to an interest
charge of 10% per annum, compounded annually.
3. Fee for use of common property
3.1 The strata corporation may charge the owner of a strata lot
a fee for the exclusive use of common property, as identified on
the strata plan filed in the land title office. This fee will be
equivalent to the unit entitlement calculation and will be directly
related to the area of common property referred to.
4. Repair and maintenance of property by owner
4.1 An owner must repair and maintain the owner's strata lot.
4.2 An owner who has the use of limited common property is responsible
for keeping it in good repair (including, but not exhaustively,
keeping drains clear, replacing worn patio door rollers or a worn-out
passage-way lock set on a door which is on the exterior of the building).
5. Use of property
5.1 A resident 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
(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.
5.2 A resident or visitor 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 or insure under section 149 of the Act.
5.3 An owner is responsible for any damage caused by occupants,
tenants or visitors to the owner's strata lot.
5.4 An owner shall indemnify and save harmless the strata corporation
from the expense of any maintenance, repair or replacement necessary
to the common property, limited common property, common assets or
to any strata lot by the owner's act, omission, negligence 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 bylaws 5.1, 5.2 and 5.3, 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.
5.5 A resident must not use, or permit to be used, the strata lot
except as a private dwelling home and limits of occupancy of the
strata lot will be governed by municipal bylaws of the City of Vancouver.
6. Pets and animals
6.1 A resident or visitor must not keep any pets on a strata lot
or common property or on land that is a common asset except in accordance
with these bylaws.
6.2 A resident must not keep a pet on a strata lot other than one
or more of the following:
(a) a reasonable number of fish or other small aquarium animals;
(b) a reasonable number of small caged animals;
(c) up to 2 caged birds;
(d) two dogs or two cats.
6.3 A resident must not harbour exotic pets, including not exhaustively,
snakes, reptiles, spiders or large members of the cat family.
6.4 A resident must apply to the council for approval to keep a
pet (a "Permitted Pet") by registering the pet with the
council within 30 days of the pet residing on a strata lot (or the
passage of this bylaw) and by providing, in writing, the name of
the Permitted Pet, breed, colour and markings, together with the
name, strata lot number and telephone number of the pet owner.
6.5 A resident or visitor must ensure that all animals are leashed
or at least behaving in a manner which is not perceived as a threat
or concern to other residents when the animal is on the common property
or on land that is a common asset. A Permitted Pet found loose on
common property or land that is a common asset may be delivered
to the municipal pound at the cost of the strata lot owner.
6.6 A resident must not keep a Permitted Pet which is a nuisance
on a strata lot, on common property or on land that is a common
asset. If a resident has a pet which is not a Permitted Pet or if,
in the opinion of council, the Permitted Pet is a nuisance or has
caused or is causing an unreasonable interference with the use and
enjoyment by residents or visitors of a strata lot, common property
or common assets, the council may order such pet to be removed permanently
from the strata lot, the common property or common asset or all
of them.
6.7 If a resident contravenes bylaw 6.6, the owner of the strata
lot will be subject to a fine of $100.
6.8 Notwithstanding bylaw 6.7, a resident whose pet contravenes
bylaw 6.6 will be subject to an immediate injunction application
and the owner of the strata lot will be responsible for all expenses
incurred by the strata corporation to obtain the injunction, including
legal costs.
6.9 A pet owner must ensure that a Permitted Pet is kept quiet,
controlled and clean. Any excrement on common property or on land
that is a common asset must be immediately disposed of by the pet
owner.
6.10 A pet owner must keep a Permitted Pet only in a strata lot,
except for ingress and egress.
6.11 A strata lot owner must assume all liability for all actions
by a Permitted Pet, regardless of whether the owner had knowledge,
notice or forewarning of the likelihood of such action.
6.12 A resident or visitor must not feed birds, rodents or other
wild animals from any strata lot, limited common property, common
property or land that is a common asset. No bird feeders of any
kind are permitted to be kept on balconies, strata lots, common
property or land that is a common asset.
6.13 A resident who contravenes any of bylaws 6.1 to 6.5 (inclusive)
or 6.9 to 6.12 (inclusive) will be subject to a $50 fine.
7. Inform strata corporation
7.1 An owner must notify the strata corporation:
(a) within two weeks of becoming an owner; the owner's name and
any occupants' names, strata lot number and mailing address outside
the strata plan, if any; and
(b) of any mortgage or other dealing in connection with the strata
lot within two weeks of such mortgaging or other dealing.
(c) of a tenant's name.
8. Obtain approval before altering a strata lot
8.1 An owner must obtain the written approval of the strata corporation
before making or authorizing an alteration to a strata lot that
involves any of the following:
(a) the structure of the building;
(b) the exterior of the building;
(c) patios, chimneys, stairs, balconies or other things attached
to the exterior of the building;
(d) doors, windows or skylights on the exterior of the building,
or that front on the common property;
(e) fences, railings or similar structures that enclose a patio,
balcony or terrace;
(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; and
(h) wiring, plumbing, piping, heating, air conditioning and other
services.
8.2 An owner intending to apply to the strata corporation for permission
to alter a strata lot must submit, in writing, detailed plans and
written description of the intended alteration.
8.3 The strata corporation must not unreasonably withhold its approval
under bylaw 8.1 and 8.2, but may require as a condition of its approval
that the owner agree, in writing, to take responsibility for any
expenses related to the alteration and to indemnify and hold harmless
the corporation for any future costs in connection with the alteration.
8.4 Notwithstanding Bylaw 8.3, where alterations or renovation of
a strata lot involve the need to shut off building utilities, and
where practicable, shut-off valve(s) for such utilities shall be
installed in the lines feeding that strata lot. The owner will be
reimbursed for the cost of such valve(s) installation.
8.5 The owner must obtain all applicable permits, licences and approvals
from the appropriate governmental authorities and provide copies
to the strata council.
8.6 The owner must ensure that alterations be done in accordance
with the design or plans approved by the strata council or its duly
authorized representatives. A detailed set of "As Built"
drawings [indicating changes made involving bearing walls, changes
to the nature of plumbing, electrical, mechanical systems and/or
fire-alarm system or other building service components within the
strata lot] must be presented to the strata within 90 days of the
project's completion.
9. Alteration/renovation of strata lot
9.1 Alterations to a strata lot, or renovations, requiring the transporting
of materials to or from the strata lot, that exceed two weeks from
start to finish, may be subject to a fee of up to $100 per week,
this sum payable to the strata corporation.
9.2 An owner must give the council two working days' prior notice
of the scheduled arrival of tradespersons or delivery of materials.
Tradespersons must be licenced and bonded.
9.3 An owner must not permit any construction debris, materials
or packaging to be deposited in the strata corporation's disposal
containers.
9.4 An owner must ensure that the delivery of any construction materials
is through the parkade and, if in an elevator, the owner must ensure
the elevator is protected with proper wall pads and floor coverings.
An owner must not permit any renovations/alterations materials to
be delivered through the main lobby.
9.5 An owner is responsible to ensure:
(a) drop cloths are installed and removed daily between the elevators
and the strata lot as well as between other doors to protect common
areas from any spillage or dripping; and
(b) stairs, lobbies and paths through the parking areas and the
residential corridor are left in a clean state daily.
9.6 An owner must ensure that the hours of work are restricted to
9:00 a.m. to 5:00 p.m., Monday through Friday.
9.7 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 licences are obtained
and is responsible for the conduct of any such contractor or others
performing renovations or alterations with respect to honouring
the strata's bylaws and rules.
9.8 An owner in contravention of any of bylaws 9.2 to 9.7 (inclusive)
shall be subject to a fine of $100 for each contravention, as well
as be responsible for any clean up or repair costs.
10. Permit entry to strata lot
10.1 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 of 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.
10.2 If forced entry to a strata lot is required due to required
emergency access and the inability to contact the owner of the strata
lot, the owner shall be responsible for all costs of forced entry
incurred by the strata corporation.
10.3 The notice referred to in bylaw 10.1(b)(i) must include the
date and approximate time of entry, and the reason for entry.
Powers and Duties of Strata Corporation
11. Repair and maintenance of property by strata
corporation
11.1 The strata corporation must repair and maintain all of 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) the following, no matter how often the repair or maintenance
ordinarily occurs:
A. the structure of a building;
B. the exterior of the building;
C. patios, chimneys, stairs, balconies and other things attached
to the exterior of the building;
D. doors, windows and skylights on the exterior of the building
or that front on common property;
E. fences, railings and similar structures that enclose patios,
balconies and terraces;
(d) a strata lot, but the duty to repair and maintain it is restricted
to
(i) the structure of a building,
(ii) the exterior of the building,
(iii) patios, chimneys, stairs, balconies and other things attached
to the exterior of the building,
(iv) doors, windows and skylights on the exterior of the building
or that front on common property, except as provided for in Bylaw
4, and
(v) fences, railings and similar structures that enclose patios,
balconies and terraces.
12. Council size
12.1 The council must have at least 3 but not more than 7 members.
13. Council eligibility
13.1 An owner or the spouse of an owner may stand for council, but
not both.
13.2 No person may stand for council or continue to be on council
with respect to a strata lot if the strata corporation is entitled
to register a lien against that strata lot under section 115(1)
of the Act.
13.3 No person may stand for council or continue to be on council
with respect to a strata lot 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
for which the owner is responsible under section 131 of the Act.
14. Council members' terms
14.1 The term of office of a council member ends at the end of the
annual general meeting at which the new council is elected.
14.2 A person whose term as council member is ending is eligible
for reelection.
15. Removing council member
15.1 The strata corporation may, by a resolution passed by a two-thirds
(2/3) vote at an annual or special general meeting, remove one or
more council members. The strata corporation must pass a separate
resolution for each council member to be removed.
In this bylaw 15.1, a 2/3 (two-thirds) vote means a vote in favour
of a resolution by at least 2/3 of the votes cast by eligible voters
who are present in person or by proxy at the time the vote is taken
and who have not abstained from voting.
15.2 After removing a council member, the strata corporation may
hold an election at the same annual or general meeting to replace
the council member for the remainder of the term or the remaining
members of the council may appoint a replacement council member
for the remainder of the term.
15.3 If the strata corporation removes all of the council members,
the strata corporation must hold an election at the same annual
or special general meeting to replace the council members for the
remainder of the term up to, at least, the minimum number of council
members required by bylaw of the strata corporation for the remainder
of the term.
15.4 The council may appoint the remaining council members necessary
to achieve a quorum for the strata corporation, even if the absence
of the members being replaced leaves the council without a quorum
15.5 A replacement council member appointed pursuant to bylaws 15.2
and 15.4 may be appointed from any person eligible to sit on the
council.
16. Replacing council member
16.1 If a council member resigns or is unwilling or unable to act,
the remaining members of the council may appoint a replacement council
member for the remainder of the term.
16.2 A replacement council member may be appointed from any person
eligible to sit on the council.
16.3 The council may appoint a council member under bylaw 16.2 even
if the absence of the member being replaced leaves the council without
a quorum.
16.4 If all the members of the council resign or are unwilling or
unable to act, 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.
17. Officers
17.1 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 treasurer.
17.2 A person may hold more than one office at a time, other than
the offices of president and vice president.
17.3 The vice president has the powers and duties of the president
(a) while the president is absent or is unwilling or unable to act,
(b) if the president is removed, or
(c) for the remainder of the president's term if the president ceases
to hold office.
17.4 The strata council may vote to remove an officer.
17.5 If an officer other than the president is removed, resigns,
is unwilling or unable to act, the council members may elect a replacement
officer from among themselves for the remainder of the term.
18. Calling council meetings
18.1 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.
18.2 The notice in bylaw 18.1 does not have to be in writing.
18.3 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) are unavailable to provide consent after reasonable attempts
to contact them.
19. Requisition of council hearing
19.1 By application in writing, a resident may request a hearing
at a council meeting stating the reasons for the request.
19.2 Except for a hearing pursuant to section 144 of the Act, if
a hearing is requested under bylaw 19.1, the council must hold a
meeting to hear the applicant within one (1) month of the date of
receipt by the council of the application.
19.3 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 date of the hearing.
20. Quorum of council
20.1 A quorum of the council is
(a) 2, if the council consists of 3 or 4 members,
(b) 3, if the council consists of 5 or 6 members, and
(c) 4, if the council consists of 7 members.
20.2 Council members must be present in person at the council meeting
to be counted in establishing quorum.
21. Council meetings
21.1 The council may meet together for the conduct of business,
adjourn and otherwise regulate its meetings as it thinks fit.
21.2 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.
21.3 If a council meeting is held by electronic means, council members
are deemed to be present in person.
21.4 Owners and spouses of owners may attend council members as
observers.
21.5 Despite bylaw 21.4, 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.
22. Voting at council meetings
22.1 At council meetings, decisions must be made by a majority of
council members present in person at the meeting.
22.2 If there is a tie vote at a council meeting, the presiding
officer may break the tie by casting a second, deciding vote.
22.3 The results of all votes at a council meeting must be recorded
in the council meeting minutes.
23. Council to inform owners of minutes
23.1 The council must circulate to or post for owners the minutes
of all council meetings within 2 weeks of the meeting, whether or
not the minutes have been approved.
24. Delegation of council's powers and duties
24.1 Subject to bylaws 24.2, 24.3 and 24.4, 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 revoke the
delegation.
24.2 The council may delegate its spending powers or duties, but
only by a resolution that
(a) delegates the 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 bylaw 24.3.
24.3 A delegation of general authority to make expenditures must
(a) set a maximum amount that may be spent, and
(b) indicate the purpose for which, or the conditions under which,
the money may be spent.
24.4 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,
(c) whether a person should be denied access to a recreational facility
or the Guest Suite, or
(d) whether an owner should be granted an exemption from a rental
restriction bylaw under section 144 of the Act.
25. Spending restrictions
25.1 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.
26. Limitation on liability of council member
26.1 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.
26.2 Bylaw 26.1 does not affect a council member's liability, as
an owner, for a judgement against the strata corporation.
26.3 All acts done in good faith by the council are, even if it
is afterwards discovered that there was some defect in the appointment
or continuance in office of a member of council, as valid as if
the council member had been duly appointed or had duly continued
in office. Enforcement of Bylaws and Rules
27. Fines
27.1 Except where specifically stated to be otherwise in these bylaws,
the strata corporation may fine an owner or tenant:
(a) $50 for each contravention of a bylaw, and
(b) $25 for each contravention of a rule.
27.2 The council must, if it determines in its discretion that a
resident is in repeated contravention of any bylaws or 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.
28. Continuing contravention
28.1 Except where specifically stated to be otherwise in these bylaws,
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. Annual and Special General
Meetings
29. Quorum requirements
29.1 If within _ an hour from the time appointed for the General
Meeting a quorum is not present, the eligible voters, present in
person or by proxy, constitute a quorum.
This bylaw 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 quorum for a meeting demanded pursuant
to Section 43 terminates, and does not adjourn, that meeting.
30. Person to chair meeting
30.1 Annual and special general meetings must be chaired by the
president of the council.
30.2 If the president of the council is unwilling or unable to act,
the meeting must be chaired by the vice president of the council.
30.3 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, eligible
to vote, who are present at the meeting.
31. Participation by other than eligible voters
31.1 Tenants and occupants may attend annual and special general
meetings, whether or not they are eligible to vote.
31.2 Persons who are not eligible to vote may not participate in
the discussion at a meeting.
31.3 Tenants who are not eligible to vote must leave the meeting
if requested to do so by a resolution passed by a majority vote
at the meeting.
32. Voting
32.1 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.
32.2 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 of remedying a contravention
of the bylaw or rules.
32.4 At an annual or special general meeting, voting cards must
be issued to eligible voters.
32.5 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.
32.6 If a precise count is requested, the chair must decide whether
it will be by a show of voting cards or by roll call, secret ballot
or some other method.
32.7 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.
32.8 If there is a tie vote at an annual or special general meeting,
the president, or, if the president is absent or unwilling to vote,
the vice president, may break the tie by casting a second, deciding
vote.
32.9 Despite anything in bylaws 32.1 to 32.8 (inclusive), an election
of council or removal of a council member must be held by secret
ballot, if the secret ballot is requested by an eligible voter.
33. Electronic attendance at meetings
33.1 A person who is eligible to vote may attend an annual or special
general meeting by electronic means so long as the person and the
other participants can communicate with each other.
33.2 If an annual or general meeting is held by electronic means
with a person, the person is deemed to be present in person for
the purposes of the meeting.
34. Order of business
34.1 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 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. Voluntary Dispute Resolution
35. Voluntary dispute resolution
35.1 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.
35.2 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.
35.3 The dispute resolution committee must attempt to help the disputing
parties to voluntarily end the dispute.
Small Claims Court Proceedings
36. Authorization to proceed
36.1 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 a member of the owner's family.
Marketing Activities by Owners and Occupants
37. Sale of a strata lot
37.1 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.
37.2 An owner must ensure that real estate clients are accompanied
by the agent or other person in all common property areas.
Insurance
38. The strata corporation must insure against major perils, as
set out in regulation 9.1(2), including, without limitation, earthquakes.
Storage
39. Storage lockers and bicycle storage
39.1 A resident must store bicycles and tricycles only in parkade
bicycle areas, the bicycle racks or storage lockers.
39.2 A resident must not store any hazardous or flammables in storage
lockers.
39.3 A resident must store goods only in the locker or area assigned
to the resident.
Parking
40. Parking
40.1 A resident must not permit any oversized, commercial or recreational
vehicles including, but not exhaustively, boats, trailers and campers
to enter or be parked or stored on common, limited common property
or land that is a common asset.
40.2 A resident must not store uninsured vehicles on the common
property, limited common property or on land that is a common asset.
40.3 A resident storing a vehicle must provide proof of valid insurance
to the strata corporation on the commencement date of the storage
and on request thereafter.
40.4 An owner must not sell, lease or licence parking stalls to
any person other than an owner or occupant.
40.5 A resident must park only in the parking stall assigned to
the resident.
40.6 A resident or visitor must not permit a vehicle to be parked
or left unattended in a manner that interferes with parking stalls,
access lanes or no parking zones.
40.7 Any resident's vehicle parked in violation of bylaw 40.6 will
be subject to removal by a towing company authorized by council,
and all costs associated with such removal will be charged to the
owner of the strata lot.
40.8 A resident or visitor must not use any parking area as a work
area for carpentry, renovations, repairs (including, but not exhaustively,
sawing, drilling and the use of any adhesive or hardening compounds)
or work on vehicles involving any automotive fluids or paints, motor
tune ups or mechanical repairs or use the parking area for other
than parking a motor vehicle.
40.9 A resident or visitor operating a vehicle in the parking areas
must activate the vehicle's headlights and not exceed 10 km/hour.
40.10 A resident or visitor must not smoke while in the parking
area including inside a vehicle.
40.11 A resident must wash a vehicle in location designated for
vehicle washing only. Once washing is completed, the resident must
hose down and remove all dirt, refuse and excess water from the
washing area. While washing, a resident must keep audio volume low.
40.12 A resident must not park or store any vehicle that drips oil
or gasoline. A resident must remove any dripped oil, gasoline or
other automotive residue.
40.13 Parking in the courtyard is for one vehicle only, for a maximum
period of ten (10) minutes, in the designated place. Clear passage
through the driveway must be allowed at all times. Violators will
be subject to removal by a towing company authorized by council,
and all costs associated with such removal will be charged to the
owner of the strata lot.
Moving
41. Moving in/out procedures
41.1 An owner must conform and ensure that any tenants conform to
the Move In and Move Out rules established by council from time
to time.
41.2 A resident must provide notice to the strata corporation of
all moving arrangements at least 48 hours before the moving date.
All moves must take place between 9:00 a.m. and 6:00 p.m., Monday
through Friday and 10:00 a.m. and 5:00 p.m. on Saturdays, Sundays
and statutory holidays.
41.3 A resident using the elevator during a move must ensure that
the ELEVATOR SERVICE KEY is used to control the elevator and the
doors not jammed or propped open in any manner.
41.4 To ensure the availability of an elevator at the required time,
a booking must be made with the Concierge, if more than one elevator
trip is required.
41.5 Protective pads and flooring must be installed prior to loading
the elevator in order to protect the elevator surfaces.
41.6 Only the designated elevator can be used by the moving party.
The other elevator must at all times be left available for the other
residents.
41.7 All such moves are required to proceed via the P2 level, ensuring
that access is not being blocked to either this garage gate or to
the courtyard.
41.8 Both the fire door leading from the P2 parking level to the
elevator lobby and the main garage entrance door must be kept closed
and locked during the entire time. Both must only be open when goods
are being transported through and must be allowed to close after
the moving party passes through. It is the responsibility of the
moving party to ensure that the security integrity of the building
is not jeopardized during the move.
41.9 A resident must ensure that all common areas are left damage
free, clean and all hallways and lobby areas vacuumed immediately
upon completion of the move.
41.10 The sum of four-hundred dollars ($400) will be charged against
the strata lot owner on each occasion where there is a change in
occupancy and the incoming person moves in furniture. This fee is
designated as a "Move-In" fee, is chargeable to the strata
lot and is due and payable by the owner.
41.11 A resident contravening any of bylaws 41.1 to 41.10 (inclusive)
shall be subject to a fine of $100.
41.12 All deliveries of furniture and large objects must be made
through the garage, P2, levelno such deliveries are
permitted through the lobby. Movement of such objects must be completed
between the hours of 8:00 a.m. and 8:00 p.m. and with protective
pads and flooring installed in the elevator.
If such delivery requires the use of the elevator for two or more
trips, prior approval must be obtained from the Head Concierge at
the front desk to ensure availability of a dedicated elevator, as
well as additional security, if necessary. The use of the ELEVATOR
SERVICE KEY is required for such deliveries and the elevator doors
may not be jammed or propped open in any fashion. Parking of delivery
vehicles must not interfere with access to the parking area by owners.
Delivery vehicles are not permitted to park in or obstruct the courtyard
driveway.
41.13 A resident contravening bylaw 41.12 shall be subject to a
fine of $100.
Appearance of strata lots
42. Cleanliness
42.1 A resident must not allow a strata lot to become unsanitary
or untidy. Rubbish, dust, garbage, boxes, packing cases and other
similar refuse must not be thrown, piled or stored in the strata
lot or on common property. Any expenses incurred by the strata corporation
to remove such refuse will be charged to the strata lot owner.
42.2 A resident must ensure that ordinary household refuse and garbage
is securely wrapped and placed in the containers provided for that
purpose, recyclable material is kept in designated areas and material
other than recyclable or ordinary household refuse and garbage is
removed appropriately.
Rentals
43. Residential rentals
43.1 The number of strata lots within the strata corporation that
may be leased at any one time is limited to 15.
43.2 An owner wishing to lease a strata lot must apply in writing
to the council for permission to rent before entering into a tenancy
agreement.
43.3 If the number of strata lots leased at the time an owner applies
for permission to lease has reached the limit stated in bylaw 43.1,
excluding exempt strata lots pursuant to sections 143 and 144 of
the Act and section 17.15 of the Regulations, the council must refuse
permission and notify the owner of the same in writing, as soon
as possible stating that the limit has been reached or exceeded,
as the case may be, and place the owner of the strata lot on a waiting
list to be administered by the council based upon the date of the
request for permission to rent.
43.4 An owner may apply to the strata corporation, under provisions
within section 144 of the Act, for an exemption to bylaws 43.1,
43.2 and 43.3 on the grounds that these bylaws cause hardship to
the owner.
43.5 If the limit stated in bylaw 43.1 has not been reached at the
time the owner applies for permission to lease a strata lot, excluding
exempt strata lots pursuant to sections 143 and 144 of the Act and
section 17.15 of the Regulations, the council shall grant permission
and notify the owner of the same in writing as soon as possible.
43.6 An owner receiving permission to lease a strata lot must exercise
the permission to lease within 90 days from the date that the council
granted same, otherwise the permission expires. During the 90 days
immediately following the grant of permission, the strata lot shall
be deemed leased for the purposes of the limit stated in bylaw 43.1.
43.7 Prior to possession of a strata lot by a tenant, an owner must
deliver to the tenant the current bylaws and rules of the strata
corporation and a Notice of Tenant's Responsibilities in Form K.
43.8 Within two weeks of renting a strata lot, the landlord must
give the strata corporation a copy of the Form KNotice
of Tenant's Responsibilities signed by the tenant, in accordance
with section 146 of the Act.
43.9 Where an owner leases a strata lot in contravention of bylaws
43.1, 43.2, 43.3 or 43.4, the owner shall be subject to a fine of
five-hundred dollars ($500) and the strata corporation shall take
all necessary steps to terminate the lease or tenancy, including,
but not limited to, seeking a declaration or Court injunction to
enforce the bylaw. Any legal costs incurred by the strata corporation
in enforcing the rental restriction bylaws shall be the responsibility
of the contravening owner and shall be recoverable from the owner
on a solicitor and own client basis by the strata corporation.
Visitors and Children
44. Children and supervision
44.1 Residents are responsible for the conduct of visitors including
ensuring that noise is kept at a level, in the sole determination
of a majority of the council, that will not disturb the rights and
quiet enjoyment of others.
44.2 Residents are responsible for the conduct of children residing
in their strata lot, including ensuring that noise is kept at a
level, in the sole determination of a majority of the council, that
will not disturb the quiet enjoyment of others.44.3 Residents are
responsible to assume liability for and properly supervise activities
of children including, but not exhaustively, bicycling, skateboarding
and hockey.
Miscellaneous
45. Miscellaneous
45.1 A resident or visitor must not smoke on common property.
45.2 No barbecues or cooking devices other than gas or electric
are permitted for use on balconies, patios and common property and
their emissions must not interfere with the comfort of other owners.
All propane tanks must be stored on open-air balconies only; storage
is forbidden within strata lots, lockers, garages or other closed
areas.
45.3 A resident or visitor must not hinder or restrict sidewalks,
entrances, exits, halls, passageways, stairways and other parts
of the common property. Hindrance and restriction includes the keeping
of personal items and garbage.
45.4 A resident or visitor must not wear or use inline skates and
skateboards ANYWHERE in the building, including a strata lot.
45.5 A resident or visitor must not use common property electrical
outlets with the exception of parking area outlets used while vacuuming
a vehicle and of those electrical outlets in the hobby workshop.
45.6 Subject to bylaw 37.1, a resident or owner must not erect or
display or permit to be erected or displayed any signs, fences,
billboards, placards, advertising, notices or other fixtures of
any kind on the common property or in a strata lot, unless authorized
by the council. This shall include exterior painting and the addition
of wood, ironwork, concrete or other materials.
45.7 A resident may post notices on the designated bulletin board,
subject to being removed by the council if deemed inappropriate
or posted for in excess of one week.
45.8 A resident must ensure that all entrance doors to strata lots
are kept closed and kitchen extract fans are used when cooking.
45.9 A resident or visitor must not shake rugs, carpets, mops or
dusters or throw material or objects of any kind from any balcony,
window, stairway or other part of a strata lot or common property.
45.10 A resident must ensure that drapes or blinds visible from
the outside of the building are cream or white in colour.
45.11 A resident must ensure that no air conditioning units, laundry,
flags, clothing, bedding or other articles are hung or displayed
from windows, balconies or other parts of the building so that they
are visible from the outside of the building.
45.12 A resident must not display or erect fixtures, poles, clotheslines,
racks, storage sheds and similar structures permanently or temporarily
on limited common property, common property or land that is a common
asset. A resident must not attach anything to the exterior of the
building that requires nailing or drilling holes or in any way the
breaching of the exterior of the building. 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, summer furniture and accessories.
45.13 An owner must ensure that Christmas lights are installed after
December 1st of the year approaching Christmas and removed before
January 15th of the year following Christmas.
45.14 For security reasons, marked fire-exit doors leading to the
outside of the building shall only be used for exiting the building
in cases of emergency.
All other locked entrance doors to the building, including those
leading to the garage floors, shall be kept closed and locked whenever
not in actual use. They shall not be propped open.
45.15 A resident contravening bylaw 45.14 shall be subject to a
fine of $100.
45.16 The Guest Suite is for the temporary accommodation of guests
in accordance with the Guest Suite rules established by the strata.
Strata corporation rules and bylaws must be observed by residents
and their guests. Failure to do so will subject the host resident
to fines.
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