| Table of Contents |
| Division I - Duties of Owners, Tenants, Occupants and Visitors |
| Division 2 - Powers and Duties of Strata Corporation |
| Bylaw 7 | Repair and Maintenance of Property by Strata Corporation |
| Division 3 - Council |
| Bylaw 8 | Council Size | ||
| Bylaw 9 | Council Members' Terms | ||
| Bylaw 10 | Removing Council Member | ||
| Bylaw 11 | Replacing Council Member | ||
| Bylaw 12 | Officers | ||
| Bylaw 13 | Calling Council Meetings | ||
| Bylaw 14 | Requisition of Council Hearing | ||
| Bylaw 15 | Quorum of Council | ||
| Bylaw 16 | Council Meetings | ||
| Bylaw 17 | Voting at Council Meetings | ||
| Bylaw 18 | Council to Inform Owners of Minutes | ||
| Bylaw 19 | Delegation of Council's Powers and Duties | ||
| Bylaw 20 | Spending Restrictions | ||
| Bylaw 21 | Limitation of Liability of Council Member |
| Division 4 - Enforcement of Bylaws and Rules |
| Bylaw 22 | Maximum Fine & Other Charges (Moves and Moving Violations) | ||
| Bylaw 23 | Small Claims |
| Division 5 - Annual and Special General Meetings |
| Bylaw 24 | Person to Chair Meeting | ||
| Bylaw 25 | Participation by Other than Eligible Voters | ||
| Bylaw 26 | Quorum | ||
| Bylaw 27 | Voting | ||
| Bylaw 28 | Order of Business |
| Division 6 - Voluntary Dispute Resolution |
| Bylaw 29 | Voluntary Dispute Resolution |
| Division 7 - Other Bylaws for Strata Plan LMS 1328 |
| Amendment | Validate Rental Disclosure Statement Amended January 27. 2005 | ||
| Bylaw 30 | Rental Amended 2013 | ||
| Bylaw 31 | Selling of Strata Lots | ||
| Bylaw 32 | Acquisition or Disposition of Personal Property | ||
| Bylaw 33 | Garbage Disposal (Needs revision (2) a, b, c, & d) | ||
| Bylaw 34 | Bicycles & Storage | ||
| Bylaw 35 | Pets | ||
| Bylaw 36 | Hardwood Floors | ||
| Bylaw 37 | Meeting/Amenity Rooms | ||
| Bylaw 38 | Audit Exemption |
| Bylaw additions of July 16, 2002 |
| DIVISION 1 - DUTIES OF OWNERS, TENANTS, OCCUPANTS AND VISITORS |
| 1. | PAYMENT OF STRATA FEES and SPECIAL LEVIES |
| (1) | An owner must pay strata fees to the strata corporation on or before the first day of the month to which the strata fees relate. | |
| (2) | If an owner is late in paying his or her strata fees, the owner must pay to the strata corporation a fine in the amount of $50.00 for each and every month payment is not received. | |
| (3) | The strata corporation may file a lien and take court action to collect overdue strata fees, with all costs charged back to the owner. | |
| (4) | A special levy is due and payable on the date or dates noted in the resolution authorizing the special levy. | |
| (5) | Failure to pay a special levy on the due date will result in a fine of $100.00 for each contravention of Bylaw (4). | |
| (6) | The strata corporation may register a lien and take court action to collect any amount of overdue special levies, with all costs charged back to the owner. A lien will be automatically registered against a strata lot if the amount owing exceeds $1,000. | |
| (7) | No person may stand for council or remain on council with respect to a strata lot if the strata corporation is entitled to register a lien against the strata lot under the Act. | |
| 2. | REPAIR AND MAINTENANCE OF PROPERTY BY OWNER |
| (1) | An owner must repair and maintain the owner's strata lot, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws. | |
| (2) | An owner who has the use of limited common property must repair and maintain it, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws. | |
| 3. | USE OF PROPERTY (amended Jan 2008 and Jan 2009) |
| (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 a hazard to another person; | ||
| (b) | causes unreasonable noise; | ||
| (c) | (amendment by insertion Jan 2009) unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot; | ||
| (d) | is illegal; | ||
| (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; | ||
| (2) | a resident or visitor must not: |
| (a) | do anything that will increase the risk of fire or the rate of insurance on the building or any part thereof; | ||
| (b) | use an electric or gas barbeque without having a fire extinguisher in close proximity to the barbeque. | ||
| (c) | permit any condition to exist within a strata lot which will result in waste or excessive consumption of the building's domestic water supply or heated water; | ||
| (d) | spit or discard any object, including lit or unlit cigar or cigarette or tobacco products from balconies or patios or windows; | ||
| (e) | shake any mops, rugs, dusters of any kind or throw any refuse out of the windows, doors or from the balcony of a strata lot; | ||
| (f) | place any items or equipment within any part of the limited common property designated on the strata plan exclusively for the use of such owner unless prior approval of strata council has been obtained. Such items or equipment must be in keeping with the balance of the development in terms of design, quality, proportion and colour. Any such items or equipment must be maintained in good and tidy condition on an ongoing basis and the maintenance will be the responsibility of the owner, tenant or occupant; | ||
| (g) | place free standing objects on top of balcony railings; | ||
| (h) | adhere, fasten, mount or install any item to any exterior surface of the limited common property or common property including any deck, patio or balcony; | ||
| (i) | install hanging baskets, plants or any other hanging items on limited common property or common property; | ||
| (j) | erect on or fasten to the strata lot, common property or any limited common property any television or radio antenna or similar structure such as satellite receivers or appurtenance thereto with the exception of a free standing satellite dish of a maximum diameter not to exceed 24 inches. The dish must not protrude outside of the balcony railings;(amended Jan 2008) | ||
| (k) | use their balcony, patio or deck for storage except for patio furniture, plants, gas, electric barbecues and freezers; | ||
| (l) | install any window coverings, visible from the exterior of the strata lot, which are a different colour than white or beige; | ||
| (m) | hang or display any laundry, washing, clothing, bedding or other articles from windows, balconies, decks, patios or other parts of the building so that they are visible from the outside of the building; | ||
| (n) | display or erect signs of any kind on common property, limited common property or which can be viewed from the exterior of any strata lot other than the existing sign tree for real estate sales; | ||
| (o) | post any items or notices on the strata corporate notice boards without first obtaining permission from the strata council. No items are to be posted that may be objectionable to other residents; | ||
| (p) | remove notices or letters by the strata council from the notice board. | ||
| (q) | interfere with the Strata Council in sending letters, circulating minutes and notices and or posting letters, Minutes and/or Notices; | ||
| (r) | post any notices, posters and like items on their front unit doors or on any windows if notified by the strata council to remove same; | ||
| (s) | obstruct or use the sidewalks, walkways, passages or driveways of the common property for any purpose other than the ingress or egress from the strata lots or parking areas within the common property of the strata plan; | ||
| (t) | (Amended Feb 2007) An Owner, tenant, resident, or guest or visitor is prohibited from bringing onto or leaving shopping cart(s), or any other item not designated by the strata council on the Common or Limited Common Property. This includes but is not limited to the exterior grounds including visitor parking, the inside of the building lobby, hallways, elevator and the underground parkade and stairwells; | ||
| (u) | feed birds, squirrels, rodents or other animals from a strata lot or anywhere on or in close proximity to the common property or any limited common property, other than domestic pet(s) permitted to be kept in a strata lot pursuant to these bylaws and the rules made hereunder, which pet(s) shall be fed only within the strata lot; | ||
| (v) | allow the transport of live Christmas trees through common property and nor allow live Christmas trees in their strata lot. | ||
| (w) | not store any hazardous or flammable substances in any starage locker with the determination by the Strata Council acting reasonably. The Strata Council will use guidelines provided by WHMIS (workplace Hazardous Materlals Information System) and the BC Fire Code. | ||
| (3) | 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. | |
| (4) | An owner is responsible for any damage caused by occupants, tenants or visitors to the owner's strata lot. | |
| (5) | 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 or careless or by that of an owner's family, but only to the extent that such expense is not reimbursed from the proceeds raised by operation of any insurance policy. In such circumstances, and for the purposes of bylaws 3(l) through (4), 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. | |
| (6) | Notwithstanding Bylaw 3(5), an owner shall indemnify and save harmless the strata corporation from the expense of any maintenance, repair or replacement rendered necessary to the glass windows or doors in or about a strata lot, but only to the extent that such expense is not reimbursed from the proceeds raised by operation of any insurance policy. 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. | |
| (7) | In addition to the obligations and liabilities imposed by Bylaw 3(1) through (5), an owner is strictly liable to the Strata Corporation and to other owners and occupants for any damage to common property, limited common property, common assets or to any strata lot as a result of: | |
| (a) | any of the following items located in the owner's strata lot: |
| i. | dishwasher; | |||
| ii. | refrigerator with ice/water dispensing capabilities; | |||
| iii. | garburetor; | |||
| iv. | washing machine; | |||
| v. | heating system; | |||
| vi. | toilets, sinks, bathtubs and where wholly within the strata lot and accessible to the owner, plumbing pipes fixtures and hoses; | |||
| vii. | fireplaces; | |||
| vii. | 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. | damage arising from a blocked drain on the deck, balcony or patio designated as limited common property for the owner's strata log; | |||
| ii. | any pets residing in or visiting at the owner's strata lot; | |||
| iii. | any children residing in or visiting at the owner's strata lot; | |||
| (7) | (Second one added March 2015) A resident must:: | |
| (a) | not allow his/her strata lot or areas allocated to his/her exclusive use to become excessively untidy, unsanitary or infested with insects or rodentwst: |
| (b) | not store an excessive amount of personal effects in a strata lot or storage locker with the determination of excessive by the Strata Council acting responsiboy |
| (c) | immediately report any infestation of insects or rodents in or on his.her strata lot or allocated to his.her exclusive use to the Strata Council |
| (d) | not throw, pile or store or permit to be thrown, piled or stored rubbish, dust, garbage, boxes, packing cases or the like, on the strata lot, common property, or limited common property | ||
| In the event that a resident breaches any of this bylaw 3 (7) the Strata Corporation may take any measures determined to be necessary by the strata council actiong reasonably, to remedy such breach, including but not limited to cleaning or removing items from the strata lot. Any expenses incurred by the strata corpoation in respect of such measures will be charged to the owner of the applicable strata lot. | |||
| (8) | 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 Bylaw 3(7) above, but to the only to the extent that such expense is not reimbursed from the proceeds received by operation of any insurance policy held by the Strata Corporatioon. 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 sharged to the owner. | |
| (9) | For the purposes of Bylaws 3(5) and 3(8), 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 teh monthly assessment. | |
| (10) | The adoption of Bylaws 3(1) through 3(10) does not in any way limit the Strata Corporation's ability to rely upon section 158(2) of the Strata Property Act | |
| (11) | (Amendment by addition Jan 2009) Without limiting the generality of Bylaw 3(1), an owner, tenant, resident or occupant or visitor of a strata lot must not smoke on the common property, including any limited common property: |
| (a) | an owner, tenant, occupant or visitor must not dispose of cigarette or cigar butts on the common property, including limited common property; | ||
| (b) | upon notification of a justified complaint of the smell of smoke in the common property, including limited common property, emanating from a strata lot, the owner, tenant, occupant or visitor must take appropriate steps to stop the smoke from escaping. | ||
| 4. | AN OWNER MUST INFORM STRATA CORPORATION |
| (1) | Within seven (7) business days of becoming an owner, an owner must inform the strata corporation or their representative of the owner's name and the name(s) of any or all occupants, their mailing address outside the strata plan if any, any telephone numbers. Failure to provide the above information will be subject to a $200.00 fine. | |
| (2) | If a strata lot is rented, a Form K must be completed and delivered to the strata council within four (4) business days. The owner must also provide to the strata council the tenant(s) name(s), relationship to the owners and telephone number(s) prior to the move-in. Failure to provide the above information will be subject to a $200.00 fine. | |
| (3) | The owner or owner's representative must provide to the strata corporation an emergency contact, an address and telephone number(s) within three (3) business days of moving into the unit. Failure to provide the above information will be subject to a $200.00 fine. | |
| 5. | AN OWNER MUST OBTAIN APPROVAL BEFORE ALTERING A STRATA LOT, COMMON PROPTERTY OR LIMITED COMMON PROPERTY |
| (1) | An owner must obtain the written approval of the strata corporation before making or authorizing an alteration to common property, limited common property, common assets or to a strata lot that involves any of the following: |
| (a) | the structure of a building; | ||
| (b) | the exterior of a building; | ||
| (c) | patios, stairs, balconies, or balconies surfaces or other things attached to the exterior of a building; | ||
| (d) | doors, windows or skylights (including the casings, the frames and the sills of such doors, windows and skylights) on the exterior of the building, or that front on the common property (i.e. including, for example, adding security devices to the entrance door to a strata lot); | ||
| (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) | wiring, plumbing, piping, heating, air conditioning and other services. | ||
| (2) | An owner, as part of its application to the strata corporation for permission to alter a strata lot, 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 government authorities and provide copies to the strata council. | ||
| (3) | The strata corporation must not unreasonably withhold its approval under subsection (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 indemnity and hold harmless the strata corporation for any future costs in connection with the alteration. | |
| (4) | An owner, tenant or occupant must not do any act, nor alter a strata lot, in any manner, which in the opinion of the council will alter the exterior appearance of the building. | |
| (5) | The strata corporation 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 an 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 the benefit of such alteration, must, with respect only to claims or demands arising during the time that they shall have been owner, indemnity 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 benefited 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; and to provide evidence of appropriate insurance coverage relating to the alteration. | ||
| (6) | Subsequent purchasers (new owners) are bound by this bylaw with respect to alterations made by a prior owner of a strata lot and is the duty of the seller (existing owner) to notify such subsequent purchasers of any obligations arising from alterations. | |
| (7) | 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 benefited from the alteration. | |
| 15. | QUORUM OF COUNCIL |
| (1) | A quorum of 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. | ||
| (2) | Council members must be present in person at the council meeting to be counted in establishing quorum. | |
| 16. | COUNCIL MEETINGS |
| (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. | |
| (2) | If a council meeting is held by electronic means, council members are deemed to be present in person. | |
| (3) | Owners may attend council meetings as observers only. Any concerns an owner may have must be in writing and given to a member of the council or its representative 3 days prior to the meeting. The council will review the concern during the "In Camera" session and respond back to the owner with its decision. | |
| (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. | ||
| 17. | VOTING AT COUNCIL MEETINGS |
| (1) | At council meetings, decisions must be made by a majority of council members present in person at the meeting. | |
| (2) | The results of all votes of a council meeting must be recorded in the council meeting minutes. | |
| 18. | COUNCIL TO INFORM OWNERS OF MINUTES |
| The council must inform owners of the minutes of all council meetings within 2 weeks of the meeting, whether or not the minutes have been approved. | |
| 19. | DELEGATION OF COUNCIL'S POWERS AND DUTIES |
| (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 revoke the delegation. | |
| (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 subsection (3). | ||
| (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 or the conditions under which the money may be spent. | ||
| (4) | The council may not delegate its powers to determine, based on 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. | ||
| 20. | SPENDING RESTRICTIONS |
| (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. | |
| (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 of replacement is immediately required to ensure safety or prevent significant loss or damage. | |
| 21. | LIMITATION ON LIABILITY OF COUNCIL MEMBER |
| (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 performance or intended performance of any duty of the council. | |
| (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 |
| 22. | MAXIMUM FINE AND OTHER CHARGES |
| (1) | The strata corporation may fine an owner or tenant a maximum of: |
| (a) | $ 200 for each contravention of a bylaw; | ||
| (b) | $ 50 for each contravention of a rule; and | ||
| (c) | $500 for each contravention of the rental restriction bylaw. | ||
| (2) | 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. | |
| (3) | Each owner and tenant is responsible for payment without invoice of any money (other than strata fees but including special levies) owing to the strata corporation as provided in the Act or these bylaws, and if the owner or tenant fails to pay any money so owing within 15 days after the date such money becomes due, the owner or tenant will after having being given written notice of the default and been provided with reasonable opportunity to answer the complaint (including a hearing if requested within 30 days), be assessed and pay a fine of $50.00, and if: |
| (a) | such default continues for a further 15 days, an additional fine of $50.00 will be levied against and paid by the owner or tenant, as the case may be; | ||
| (b) | and for each additional month such default continues, an additional fine of $50.00 will be levied against and paid by the owner or tenant; | ||
| (c) | A decision made by the Strata Council on an appeal shall be final. | ||
| (4) | Additional assessments, fines authorized by these bylaws, banking charges, filing costs, legal expenses, interest charges and other expenses incurred by either the strata corporation to enforce these bylaws, as they may be amended from time to time, or any other rule which may be established from time to time by the council pursuant to the Act or these bylaws, shall become part of the assessment of the owner responsible and shall become due and payable on the first day of the month next following, except that any amount owing in respect of a fine or the cost of remedying the contravention of a bylaw will be calculated as a separate component of such assessment and the strata corporation may not register a lien against such separate component. | |
| (5) | A move-in fee in the amount of $100.00 is payable to the Strata Corporation. | |
| (6) | All moves must take place between 9 am and 5 pm, Monday to Saturday. Any move-ins/move-outs outside of scheduled posted hours will be fined $200.00. | |
| 23. | SMALL CLAIMS |
| Notwithstanding any provision of the Act, the strata corporation may proceed under the Small Claims Act (British Columbia) against an owner or other person to collect money owing to the strata corporation, including money owing as a fine, without requiring authorization by a resolution passed by a 3/4 vote. |
| DIVISION 5 - ANNUAL AND SPECIAL GENERAL MEETINGS |
| 24. | PERSON TO CHAIR MEETING |
| (1) | Annual and special general meetings must be chaired by the president of the council. | |
| (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. | |
| (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. | |
| 25. | PARTICIPATION BY OTHER THAN ELIGIBLE VOTERS |
| (1) | Tenants and occupants may attend annual and special meetings, whether or not they are eligible to vote. | |
| (2) | Persons who are not eligible to vote, including tenants and occupants, may participate in the discussion at the meeting, but only if permitted to do so by the chair of the meeting. | |
| (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 at the meeting. | |
| 26. | QUORUM |
| (1) | One third of the persons entitled to vote present in person or by proxy constitutes a quorum. | |
| (2) | If within half an hour from the time appointed for an annual or special general meeting a quorum is not present, those owners present shall constitute a quorum, and the meeting shall be called to order. | |
| 27. | VOTING |
| (1) | Except on matters requiring an unanimous vote, the vote for a strata lot may not be exercised if the strata corporation is entitled to register a lien against strata lot under Section 116(1) of The Act. | |
| (2) | At an annual or special general meeting, voting cards must be issued to eligible voters. | |
| (3) | 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 of these ballots. | |
| (4) | The outcome of each vote must be announced by the president and recorded in the minutes of the meeting. If an owner has requested a precise count, the outcome of each vote including the number of votes for and against the resolution must be announced by the president and be recorded in the minutes of the meeting. | |
| (5) | 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. | |
| (6) | If within half an hour from the time appointed for an annual or special general meeting a quorum is not present, those owners present shall constitute a quorum, and the meeting shall be called to order. | |
| (7) | Despite anything in this Bylaw, an election of council must be held by way of unmarked, secret ballot provided at the meeting. The representative of the management company or any agreed person who has not been nominated shall count the ballots and proclaim the elected members. Any person nominated as a council member may appoint scrutinizers. | |
| (8) | Where the number of members nominated for election to council is less than 7 (seven), no election shall take place and all nominated shall be proclaimed elected. | |
| (9) | Any ballot marked to vote for more than seven persons for council members shall be deemed spoiled and disregarded in the count. | |
| 28. | ORDER OF BUSINESS |
| The order of business at an annual or special general meeting is as follows: |
| (a) | Certify proxies and corporate representatives and issue voting cards; | |
| (b) | Elect a person to chair the meeting, if necessary; | |
| (c) | Present to the meeting proof of notice of meeting or waiver of notice; | |
| (d) | Approve the agenda; | |
| (e) | Approve minutes from the last annual or special general meeting; | |
| (f) | Deal with unfinished business; | |
| (g) | 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; | |
| (h) | Ratify any new rules made by the strata corporation under Section 125 of The Act; | |
| (i) | Report on insurance coverage in accordance with Section 154 of The Act, if the meeting is an annual general meeting; | |
| (j) | Approve the budget for the coming year in accordance with Section 103 of The Act, if the meeting is an annual general meeting; | |
| (k) | Elect a council, if the meeting is an annual general meeting; | |
| (l) | Motion to destroy ballots; | |
| (m) | Deal with new business, including any matters about which notice has been given under Section 45 of The Act; | |
| (n) | Terminate the meeting. | |
| DIVISION 6 - VOLUNTARY DISPUTE RESOLUTION |
| 29. | VOLUNTARY DISPUTE RESOLUTION |
| (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 | ||
| (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. | ||
| (3) | The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute. |
| DIVISION 7 - OTHER BY.LAWS FOR STRATA PLAN LMS 1328 |
| Amendment | VALIDATE RENTAL DISCLOSURE STATEMENT |
| Excerpt from Annual General Meeting Minutes held January 27, 2005 | |
| 9. RESOLUTION #1-to validate the existing Rental Disclosure statement. |
| IT IS THERFORE RESOLVED AS A 3/4 MAJORTTY VOTE RESOLUTION of the Owners, |
| Strata Plan LMS 1328 to authorize the Strata Council, LMS1328 to recognize the Rental Disclosure |
| Statement for Grandview and Parkview Courts, LMS 1328, as valid, thereby recognizing the rights of |
| first Owners to rent their units until such time as these Owners sell to a third party and, as provided |
| under the Strata Properly Act, recognize the rights of second Owners to rent their units until January 1, 2006. |
| End of Resolution |
| It was: MOVED and SECONDED to approve Resolutioin #1 as presented. |
| Discussion: After discussion the vote was called and the: |
| MOTION WAS PASSED. |
| 30. | RENTAL |
| (1) | No strata lots may rented. |
| (2) | If an owner is exempt from a rental restriction bylaw pursant to the Act, 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 Responsibilites in Form K. |
| (3) | If an owner is exempt from a rental restriction bylaw pursant to the Act, within four days after the start of a tenancy, the owner must provide to the council, the following information: |
| (a) | The name of the tenant(s); | ||
| (b) | Telephone number of the tenant(s); | ||
| (c) | Term of the tenancy and | ||
| (d) | Completed General Contact Information Sheet. | ||
| (4) | Upon request, an owner that rents their strata lot pursuant to an exemption under section 142 o'f the Act (family member exemption) must provide proof of the relationship with the tenant within 72 hours. | |
| (5) | ln order to comply with its duties to set out the total number of rentals in the strata corporation in a Form B - lnformation Certificate, an owner that rents a strata lot on the basis of an exemption under sections 142 or 143 of the Act must report, in writing, to the council: | |
| (a) | The owner's intention to rent out the strata lot; | ||
| (b) | Confirmation that the strata lot has been rented out within two weeks of renting the strata lot, and; | ||
| (c) | The date the tenancy ends within two weeks following the end of the tenancy. | ||
| (6) | Where an owner rents a strata lot in contravention of bylaws 30(1), the owner is subject to a fine of $500.00 and the strata corporation shall take all necessary steps to terminate the tenancy, including, but not limited to, seeking a declaration or court injunction to enforce the bylaw. Any legal costs incurred by the strata corporation to enforce the rental restriction bylaws shall be the responsibility of the contravening owner and recoverable from the owner on a solicitor and own client basis by the strata corporation. | |
| 31. | SELLING A STRATA LOTS |
| (1) | An owner of a strata lot when selling their strata lot will not permit "For Sale" signs to be place on or about the common property except on the signage board located adjacent to the entrance of the building which is designated for such purpose. | |
| (2) | An owner of a strata lot, when selling a strata lot, will not hold or permit to be held, any public open house except in the manner prescribed by the council. | |
| 32. | ACQOUISITION OR DISPOSITION OF PERSONAL PROPERTY |
| The strata corporation may purchase, lease, or otherwise acquire personal property for the use or benefit of the owners and may sell or otherwise dispose of such personal property: |
| (a) | for any amount approved in the annual budget for the strata corporation; | |
| (b) | for personal property with a market value in excess of $1,000, if approved by a 3/4 vote resolution duly passed by the owners at an annual or special general meeting. | |
| 33. | GARBAGE DISPOSAL (Needs revision (2) a, b, c, & d) |
| (1) | A resident shall remove ordinary household refuge and garbage from their strata lot and deposit same in the containers provided by the strata corporation for that purpose. All garbage shall be bagged and tied before so depositing. A resident shall remove any materials other than ordinary household refuse and garbage from the strata plan property at the resident's own expense. No refuse shall be kept on balconies or common areas/hallways at any time. | |
| (2) | If the strata corporation engages in a recycling program through the public municipality or private contractor (typically blue bin containers), residents shall adhere to the local authority bylaws and the bylaws contained herein and dispose of recycling refuse in the following manner; but not limited to the following that may change from time to time: | |
| (a) | newspaper print to be disposed in the recycle container for newsprint only and must comply with local authority recycling bylaws and all other refuse in this container will constitute violation of this bylaw; | ||
| (b) | mixed paper to be disposed in the recycle container for mixed paper only and must comply with local authority recycling bylaws and all other refuse in this container will constitute violation of this bylaw; | ||
| (c) | mixed containers to be disposed in the recycle container for mixed containers only and must comply with local authority recycling bylaws and all other refuse in this container will constitute violation of this bylaw; | ||
| (d) | cardboard must not be recycled in any recycling container or disposed of in the ordinary household refuse and garbage containers but may be recycled by breaking down all cardboard in two foot square parts maximum, tied and placed beside the recycling containers or disposed of through local authority disposal sites, failing to comply with this procedure will constitute violation of this bylaw. | ||
| (3) | In addition to any fines assessed for violations of Bylaw 33, any charges that local authorities may assess against the strata corporation for any violation of Bylaw 33(2) will charged to the resident determined to have triggered the charge. | |
| 34. | BICYCLES & STORAGE |
| (1) | No bicycles are to be left or stored on any common property with the exception of the bicycle racks, designated storage locker or other area as may be prescribed by the council. All bicycles must enter or exit the building by way of the vehicle entry to the parking garage only. | |
| (2) | An owner, tenant or occupant that leaves any item anywhere on or in the common property or on any limited common property does so at his or her own risk. | |
| 35. | PETS - (Guide dogs or assistant dogs are excluded from the pet restrictions) |
| (1) | A resident or visitor must not keep any pets in a strata lot or on common property or on land that is a common asset except in accordance with these bylaws and any rules of the Strata Corporation. | |
| (2) | Prior to obtaining any animal as a pet, a resident must obtain the written approval of the council and in addition to the following restrictions and/or conditions: | |
| (a) | a maximum of two cats OR two dogs OR one cat and one dog will be permitted to be kept in in a strata lot. | ||
| (b) | an aquarium in a strata lot must not exceed 10 gallons in size. | ||
| (c) | animals other than cats or dogs or small fish kept are prohibited; | ||
| (d) | the following breeds or cross-breeds of dogs are prohibited: | ||
| i. | Akita | |||
| ii. | Pit Bull Terrier | |||
| iii. | American Pit Bull Terrierr | |||
| iv. | Staffordshire Terrier | |||
| v. | Rottweilerr | |||
| vi. | Full size Doberman-Pincher | |||
| vii. | any other dog that the council deems to be vicious | |||
| (3) | A resident, as part of its application to the strata council for permission to keep a dog or cat, must provide proof it has been spayed or neutered, as the case may be, | |
| (4) | A resident or visitor must ensure that all animals are leashed or otherwise secured when on common propefty or on land that is common asset. | |
| (5) | A resident or visitor must not allow a pet to urinate or defecate on common or limited common property. lf any pet does urinate or defecate on the common property or on limited common property, the pet owner shall immediately and completely remove all of the pet's waste from the common or limited common property and dispose of it in a waste container or by some other sanitary means; | |
| (6) | lf a resident violates any provision of Bylaw 35 or if, on reasonable grounds, the strata council considers a pet to be a nuisance, the strata council may, by written notice to the owner of the pet require such resident to have the pet removed from the strata lot within thirty days of receipt such notice; | ||
| (7) | A resident must ensure that a pet does not unreasonablv interfere with anv other resident, pet or obiect, or does not disturb anv other resident with unreasonable barkinq or howlinq. | ||
| (8) | A pet owner must assume all liabilitv for all actions of a pet, reqardless of whether the owner had knowledqe, notice or forewarninq of the likelihood of such action. | |
| 36. | HARDWOOD FLOORS |
| (1) | A resident of a strata lot who has hard floor surfaces, such as hardwood floors or tile in a strata lot, must take all reasonable steps to satisfy noise complaints from neighbours, including without limitation, ensuring that no less than 60% of such hard floor surfaces (excepting only kitchens, bathrooms and entry areas), are covered with area rugs or carpet, and shall avoid walking on such flooring with hard shoes. | |
| (2) | An owner of a strata lot who installs hard floor surfaces, such as hardwood floors or tiles, in a strata lot must adhere to all manufacturer and supplier recommended maximum noise insulation requirements i.e. such as underlay. | |
| 37. | MEETING / AMENITY ROOMS |
| (1) | A $50.00 user fee, payable 3 days prior to the function, will be charged to a resident for their visitor for the use of the amenity room. | |
| (2) | The $50.00 user fee may be refunded to the owner, tenant or occupant subject to an after-use inspection by the strata council or its representative. | |
| (3) | The strata corporation may impose fines and/or recover actual costs from an owner, tenant or occupant or their visitor when their use of the amenity room has resulted in damages to that room or other common property. | |
| (4) | The resident of a unit is responsible for booking meeting rooms but no person under the age of 18 shall be permitted to book the meeting amenity room. | |
| (5) | No person under the age of 16 is allowed in the common/amenity room at any time unless accompanied by an adult. If anyone under the age of 16 is found in the room and unsupervised, a fine will be levied against the owner of the strata lot in which the child is residing or visiting. | |
| 38. | AUDIT EXEMPTION |
|
The Strata Corporation LMS 1328 is exempted from the Strata Property Act where it is required that the Strata Corporation completes and audit every year. An audit will be conducted every 3 years commencing year end 2013-2014. |
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