Manoah Village Strata By-Laws
NW 51 Manoah Village
Schedule of Bylaws
These bylaws bind the strata corporation and the owners, tenants and occupants including boarders to the same extent as if the bylaws had been signed by the strata corporation and each owner, tenant and occupant including boarders and contain covenants on the part of the strata corporation with each owner, tenant and occupant including boarders 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.
For the purposes of these bylaws, “residents” means collectively, owners, tenants and occupants including boarders and “a resident” means collectively, an owner, a tenant and an occupant including boarders. Occupant includes individuals who reside in a strata lot but who do not pay rent or some other stipend regardless of label. Providing personal services in lieu of cash payment for living in a strata lot is considered to be a form of rental payment for the purposes of these bylaws.
Robert’s Rules of Order will be observed at all Annual General meetings, Special General meetings and strata council meetings.
Duties of Owners, Tenants, Occupants and Visitors
1. Compliance with bylaws and rules
(1) All residents and visitors must comply strictly with the bylaws and rules of the strata corporation adopted from time to time.
2. Payment of strata fees and special levies
(1) An owner must pay strata fees on or before the first day of the month to which the strata fees relate.
(2) Where an owner fails to pay strata fees in accordance with this section, outstanding strata fees will be subject to an interest charge of ten (10) percent per annum, compounded annually. In addition to interest, failure to pay strata fees on the due date will result in a fine of $25 for each contravention.
(3)A special levy is due and payable on the date or dates noted in the resolution authorizing the special levy. The Strata Council may deem special levies to be payable in installments or in some other manner as seem appropriate. (4)Failure to pay a special levy on the due date will result in a fine of ten (10) percent of the special levy for each contravention of bylaw 2.3.
3. Repair and maintenance of property by owner
(1) An owner must report as quickly as possible any leak, plumbing or electrical problem to avoid damages to any other strata lots or common property. In the case of an emergency other than fire, police, or ambulance, please contact the Management Company (Schedule C).
(2) 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.
4. Use of property
(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.
(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 Strata Property Act.
(3) An owner is responsible for any damage caused by occupants, tenants, boarders or visitors to the owner’s strata lot, common property or common assets.
(4) An owner must 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 where the owner is responsible for the damage or where the owner’s visitors, occupants, guests, employees, agents, tenants, or a member of the owner’s family are responsible for the damage, but only where the expense is not reimbursed from the proceeds of insurance. Any insurance deductible paid or payable by the strata corporation is an expense not covered by the proceeds of insurance and will be charged to the owner.
(5) An owner or occupant must not use, or permit to be used, the strata lot except as a private dwelling home. An owner or occupant may take in boarders but the number must not exceed two boarders per bedroom excluding the owner or tenant’s bedroom.
5. Pets and animals
(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.
(2) A resident or visitor must ensure that all animals are leashed or otherwise secured when on the common property or on land that is a common asset.
(3) 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 mammals,
(c) up to 2 caged birds,
(d) two dogs or two cats or a combination thereof.
(4) A resident must obtain permission from the council before bringing exotic pets, including but not exhaustively, snakes, reptiles, spiders or large members of the cat family into a strata lot. Failure to comply with this sub-section will result in the removal of said pet at the occupant’s expense plus a fine as outlined in bylaw 5.15.
(5) A resident must register those type of pets referred to in bylaw 5.3(d) and (e) with the council within 30 days of the pet or pets 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.
(6) A resident or visitor must not permit a loose or unleashed pet (leashes cannot exceed six feet in length for use in the courtyard or ten feet in length for use in any other common area) at any time on the common property or on land that is a common asset. A pet found loose on common property or land that is a common asset shall be delivered to the municipal pound at the cost of the strata lot owner.
(7) A resident must not keep a pet that 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 pet or if, in the opinion of council, the 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.
(8) If a resident contravenes bylaw 5.7, the owner of the strata lot will be subject to a fine of $25.
(9)Notwithstanding bylaw 5.8, a resident whose pet contravenes bylaw 5.7 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.
(10) A pet owner must ensure that a pet is kept quiet, controlled and clean. Any excrement on common property must be immediately disposed of by the pet owner.
(11) A pet owner must keep a pet only in a strata lot.
(12) A strata lot owner assumes all liability for all actions by a pet, regardless of whether the owner had knowledge, notice or forewarning of the likelihood of such action.
(13) A resident or visitor may feed birds but not rodents or other wild animals from any strata lot or common property. Bird feeders are permitted on balconies provided that their contents on not spilled on to other strata lots or common property.
(14) No pet shelters shall be kept in a carport. Outside pet shelters are permitted on rear patios or balconies.
(15) A resident who contravenes any of bylaws 5.1 to 5.7 (inclusive) or 5.9 to 5.14 (inclusive) will be subject to a $25 fine.
6. Inform strata corporation
(1) An owner must notify the strata corporation of:
(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) any mortgage or other dealing in connection with the strata lot within two weeks of such mortgage or other dealings.
(2) An owner must inform the strata corporation of the tenant’s name and the strata lot which the tenant will be occupying prior to the tenant’s moving by submitting a completed Form K - NOTICE OF TENANT’S RESPONSIBILITIES (see Schedule A for an example) to the property manager (Schedule C). Also, the owner or his agent must be aware of the provisions of Section 40 - Moving as well.
7. Obtain approval before altering a strata lot
(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 a building,
(b) the exterior of a building,
(c) patios, balconies, ductwork 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, and
(h) wiring, plumbing, piping, heating, air conditioning, coaxial cable and other services.
(i) hardwood or laminate flooring must be installed per specifications set by council from time to time. These specifications shall be no less stringent than the following specifications: · underlay (sound deadening material) must possess a Sound Transmission Class (STC) rating equal to or greater than 61; and · proof of purchase denoting the STC rating for the underlay must be provided to council in writing prior to the installation commencing. Compliance with this bylaw shall not relieve any owner or resident from the obligation to not cause unreasonable disruption to the peace and quiet of other residents and in the event that noise carried from any strata lot is caused, in the reasonable opinion of council, by or increased by hardwood or laminate flooring council may require remedial work to be done to solve such problem including, but not limited to, requiring the hardwood or laminate flooring be removed and replaced by, or covered by, carpeting and underlay.
(2) The strata corporation must not unreasonably withhold its approval under bylaw 7.1, 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 indemnify and hold harmless the strata corporation for any future costs in connection with the alteration.
(3) 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. Obtain approval before altering common property
(1) An owner must obtain the written approval of the strata corporation before making or authorizing an alteration to common property, including common assets.
(2) An owner, as part of its application to the strata corporation for permission to alter common property, 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
(c) Obtain the consent of the owners by written approval of the strata council under bylaw 8.1.
(3) The strata corporation may require, as a condition of its approval, that the owner agree, in writing, to certain terms and conditions, including, but 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) alteration to common property 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,
(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, 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 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.
(4) An owner who has altered common property 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.
(5) An owner who, subsequent to the passage of bylaws 8.1 to 8.3 inclusive, alters common property without adhering strictly to these bylaws, must restore, at the owner’s sole expense, the common property 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. The cost of such restoration 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.
9. Renovations/alterations
(1) Where an owner contracts with licensed tradesmen then an owner must have proof of liability and workers’ compensation coverage and may be asked to provide the documentation to the strata council or its representative.
(2) Routine repair and maintenance items such as painting a strata lot or replacing a water tank is not considered to fall within the scope of this section.
(3) An owner must not permit any construction debris, materials or packaging to be deposited in the strata corporation’s garbage rooms.
(4) An owner must ensure that any delivered construction materials is placed in the owner’s carport unless council approval is received to deliver to a different location.
(5) An owner must ensure compliance with the hours of work as set out in the City of Richmond Bylaw on construction noise. Construction noise is restricted to 7:00 a.m. to 8:00 p.m., Monday through Saturday, and 9:00 a.m. to 6:00 p.m., Sundays and Statutory Holidays.
(6) An owner is responsible and personally liable for the actions of their contractors or workers.
(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 licenses are obtained.
(8) An owner in contravention of bylaws 9.1 to 9.7 (inclusive) shall be subject to a fine of $200 for each contravention, as well as be responsible for any clean up or repair costs.
10. Permit entry to strata lot
(1) A resident or visitor must allow a person authorized by the strata corporation to enter the strata lot:
(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 on reasonable grounds.
(2) In the event of an emergency, if permission to enter a strata lot is not available then the owner shall be responsible for all costs associated with the forced entry.
(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
(1) The strata corporation must repair and maintain all of the following:
(a) the common assets of the strata corporation,
(b) a strata lot but the duty to repair and maintain it is restricted to:
(i) the structure of a building,
(ii) the exterior of a building,
(iii) patios, balconies and other things attached to the exterior of a building,
(iv) doors, windows and skylights on the exterior of a building or that front on common property, and
(v) fences, railings and similar structures that enclose patios, balconies and yards.
REFER TO REGULATION NW51-1 FOR MORE SPECIFIC INFORMATION ON BUILDING EXTERIORS
Council
12. Council size
(1) Subject to bylaw 13.2 below, the council must have at least three (3) and not more than seven (7) members.
13. Council eligibility
(1) The spouse of an owner may stand for council.
(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 116(1) of the Act.
(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.
(4) 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
(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.
(2) A person whose term as council member is ending is eligible for re-election.
15. Removing council member
(1) Unless all the owners are on the council, the strata corporation may, by a resolution passed by a majority of 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.
(2) After removing a council member, the strata corporation may hold an election at the same annual or special 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 remained of the term.
(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 12(1) of the strata corporation for the remainder of the term.
(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.
(5) A replacement council member appointed pursuant to bylaws 16.2 and 16.4 may be appointed from any person eligible to sit on the council.
16. Replacing council member
(1) If a council member resigns or is unwilling or unable to act, for a period of two (2) or more months, the remaining members of the council may appoint a replacement council member for the remainder of the term.
(2) A replacement council member may be appointed from any person eligible to sit on the council.
(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.
(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. Directors
(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 the table officers: a president, a vice president, a secretary and a treasurer.
(2) 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.
(3) An individual may hold more than one office at a time, other than the offices of the president and vice president.
(4) The strata council may vote to remove a director from an appointed position.
(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
(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.
(2) The notice in bylaw 18.1 does not have to be in writing.
(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.
19. Requisition of council hearing
(1) An owner or resident may request a hearing at a council meeting by submitting a written application to the property manager. The application must state the reasons for the request.
(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.
(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
(1) A quorum of the council is four (4), as the council consists of seven (7) members.
(2) Council members must be present in person at the council meeting to be counted in establishing quorum.
21. Council meetings
(1) The council may meet together for the conduct of business, adjourn and otherwise regulate its meetings as it sees fit.
(2) Owners and spouses of owners may attend council meetings as observers.
(3) Despite bylaw 21.2, 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
(1) At council meetings, decisions must be made by a majority of council members present in person at the meeting.
(2) If there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote.
23. Council to inform owners of minutes
(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.
(2) Unit numbers will be shown on all documentation unless the strata council rules otherwise. The unit numbers coincide with the strata lot numbers.
24. Delegation of council’s powers and duties
(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.
(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.
(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.
(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 the recreational facility or pool,
(d) whether an owner should be granted an exemption from a rental restriction bylaw under section 144 of the Act.
25. Spending
(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 bylaw 25.1, 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.
26. 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 the performance or intended performance of any duty of the council.
(2) Bylaw 26.1 does not affect a council member’s liability, as an owner, for a judgment against the strata corporation.
(3) All acts done in good faith by the council is, 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
(1) Except where specifically stated to be otherwise in these bylaws, the strata corporation may fine an owner tenant or boarder for each and subsequent contravention as follows:
(a) $25 First contravention, $50 Second contravention, $100 Third contravention, and $200 Fourth contravention.
(b) $25 for each contravention of a rule.
(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
(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. 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, eligible to vote, who are present at the meeting.
30. Participation by other than eligible voters
(1) Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote.
(2) Persons who are not eligible to vote may not participate in the discussion at a meeting.
(3) Tenants who are not eligible to vote, must leave the meeting if requested to do so by a motion duly seconded and carried by a majority vote at the meeting.
31. Voting
(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.
(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. (3) 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.
(4) At an annual or special general meeting, voting cards must be issued to eligible voters.
(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.
(6) 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.
(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. Electronic attendance at meetings
(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.
(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.
33. Order of business
(1) If at the appointed time for an annual general meeting a quorum is not present, the meeting shall stand adjourned for a period of 30 minutes. At that time the adjourned meeting shall be reconvened at the same place and the persons present or by proxy and entitled to vote shall constitute a quorum.
(2) 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, a quorum is defined as 33 1/3 % of the owners (37) but subject to the provisions of bylaw 33(1),
(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
34. Voluntary dispute resolution
(1) A dispute among owners, 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 of the strata corporation nominated by each of the disputing parties and one owner nominated by the strata council.
(b) one owner to chair the committee will be selected by the persons nominated by the disputing parties.
(c) any number of persons consented to or chosen by a method that is consented to by all the disputing parties.
Small Claims Court Proceedings
35. Authorization to proceed
(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
36. Sale of a strata lot
(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.
Insurance
37. Insurance
(1) The strata corporation must insure against major perils, as set out in regulation 9.1(2), including, without limitation, earthquake.
(2) No owner, tenant, boarder or visitor shall do anything, or permit anything to be done that will increase the risk of fire or the rate of fire insurance for the building or any part thereof.
(3) Where the owner, the owner’s tenants, boarders, guests or invitees are responsible for damage to a strata lot or lots and a claim has been made against the insurance policy of the strata corporation, that owner shall have the cost of any repairs up to the amount of the deductible portion as set out in the insurance contract of the strata corporation assessed to them. Such a charge will be added to that strata lot owner’s next regular monthly assessment.
Storage
38. Storage lockers and bicycle storage
Refer to Regulation NW 51 - 2 for information on assigned storage rooms.
Parking
39. Parking
(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 property or land that is a common asset without the written consent of the strata council.
(2) A resident must not store unlicensed or uninsured vehicles on the common property or on land that is a common asset.
(3) A resident storing a vehicle must provide proof of insurance to the strata corporation on the commencement date of the storage.
(4) An owner must not sell, lease or license parking stalls.
(5) 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, fire lanes or no parking zones. This section applies to moving vans.
(6) A strata lot owner will be subject to a fine for each vehicle parked in contravention of bylaw 39.5. The fine is $50 per vehicle for the first contravention and $100 for each additional contravention of this bylaw.
(7) A resident or visitor must not use any common area as a work place for vehicle or mechanical repairs involving any automotive fluids or paints, any liability incurred as a result of work performed on a vehicle on the property will be the responsibility of the strata lot owner.
(8) A resident or visitor operating a vehicle in the parking areas must activate the vehicle’s headlights if vehicle does not have driving lights and not exceed 8 km/hour.
(9) A resident may wash a vehicle in either the carport or common area location. Once washing is completed, the resident must hose down and remove all dirt, refuse and excess water from the washing area. Vehicles must not be washed when weather conditions allow frost or ice to form.
(10) 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.
(11) Vehicle engines are not allowed to “idle” for excessive periods of time, in carports as this results in dangerous fumes entering other units via drier vents, screen doors, etc.
(12) No commercial vehicle, in excess of 2,300 kilograms Gross Vehicle Weight, shall be parked on the common property of the development, save in the course of delivery to or removal from the respective premises. Any vehicle parked in contravention of this regulation is to be removed, and any costs incurred will be the responsibility of the owner.
Moving
40. Moving in/out procedures
(1) A departing resident must ensure that the common keys for the pool, courtyard gates, storage rooms, bike rooms and garbage rooms are turned over to the subsequent resident. Cost incurred as a result of lost or missing keys will be the responsibility of the strata lot owner.
(2) A departing resident must ensure that all common areas are left damage free and clean immediately upon completion of the move.
(3) A departing resident must ensure that all articles are removed from all storage and bicycle storage areas.
Appearance of strata lots
41. Cleanliness
(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.
(2) Each resident must provide their own garbage containers (two maximum) complete with lids and both containers and lids must be clearly labeled with their strata lot number. Each resident must ensure that ordinary household refuse and garbage is securely wrapped and placed in the garbage containers. Recyclable material is to be kept in designated areas and materials, other than recyclable or ordinary household refuse and garbage, such as engine fluids or paint is disposed of according to current statutory requirements.
(3) No garbage container or parcel can weigh more than 32 kilograms, as the Municipality will not pick up any container over this weight.
(4) Any material other than normal household refuse and any material that the city refuses to remove shall be removed from the strata lot or common property by the owner and at the owner’s expense.
(5) Newspapers, bottles and cans are to be sorted by category before being placed in the blue “Recycle” containers in the garbage rooms. Do not place these items directly on the floor.
(6) To maintain sanitary conditions, owners are responsible for cleaning & disinfecting their garbage cans on a regular basis. THIS IS NOT THE CARETAKER’S JOB.
(7) Carports, although they are the property of strata lot owners, must be maintained in a clean and tidy condition. Any carport that is, in the opinion of the strata council or manager, in an untidy condition may be cleaned and the cost of such cleaning will be assessed against the strata lot owner.
Rentals
42. Residential rentals
(1) The total number of strata lots within the strata corporation that may be rented and leased at any one time is limited to five (5).
(2) An owner wishing to rent or lease a strata lot must apply in writing to the council for permission before entering into a tenancy agreement. Section 144 of the Strata Property Act (SBC 1998 Chapter 43) is explicit about the responsibilities on both parties. Refer to Schedule B for more complete information.
(3) If the number of strata lots leased at the time an owner applies for permission to lease has been reached the limit stated in bylaw 42.1, 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.
(4) If the limit stated in bylaw 42.1 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.
(5) An owner receiving permission to rent or 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 42.1.
(6) 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 (refer to Schedule A for an example).
(7) Within two weeks of renting a strata lot, the landlord must give the strata corporation a copy of the Form K - Notice of Tenant’s Responsibilities signed by the tenant, in accordance with section 146 of the Act.
(8) Where an owner leases a strata lot in contravention of bylaws 42.1, 42.2 or 42.3, the owner shall be subject to a fine of $500.00 per month or portion thereof 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 or a solicitor by the strata corporation.
(9) A tenant, any member of the tenant’s household, and any persons invited onto the residential premise by the tenant or any member of the tenant’s family shall not engage in any criminal activity on the premises or property including, but not limited to:
(a) any drug-related criminal activity,
(b) solicitation (pimps, prostitution activity),
(c) street gang activity,
(d) assault or threatened assault,
(e) unlawful use of a firearm,
(f) any criminal activity that threatens the health, safety or welfare of the landlord, other tenants or persons on the residential property or residential premises.
43 Boarders
(1) Boarders are subject to all bylaws of the Strata Corporation.
(2) For the purposes of this bylaw, Boarders are defined as individuals who are not family members and are sharing a strata lot or part of a strata lot with an owner. This includes students who are not categorized as family members.
(3) An owner must be ordinarily resident when a boarder is residing in the strata lot. If the strata lot ceases to be the owner’s primary residence then the boarder must vacate the premises.
(4) An owner is liable for all damage done to the common property, which is caused by himself, a boarder or a boarder’s invitee. The owner is responsible for all damage, including but not limited to damage to the swimming pool and the loss of access keys provided by the owner to others.
(5) All owners with boarders shall provide a Form K to the Strata Corporation upon registration of this bylaw or prior to the boarder moving into the strata lot.
(6) Where a Boarder has contravened one or more of the; Strata Property Act, the bylaws, or rules and regulations of the Strata Corporation, the Strata Council may take steps to remove the Boarder from the premises in accordance with section 47 of the Strata Property Act and the Residential Tenancy Act and any other subsequent legislation.
(7) Should a Court or Arbitrator deem any part of this bylaw unenforceable, then for the purposes of interpretation and enforcement each subparagraph hereof shall be deemed as a sever able and separate provision and the balance of the paragraphs shall remain in full force and effect.
(8) A Boarder and any persons invited onto the residential premise by the Boarder shall not engage in any criminal activity on the premises or property including, but not limited to:
(a) any drug-related criminal activity,
(b) solicitation (pimps, prostitution activity),
(c) street gang activity,
(d) assault or threatened assault,
(e) unlawful use of a firearm,
(f) any criminal activity that threatens the health, safety or welfare of the landlord, other tenants or persons on the residential property or residential premises.
Visitors and Children
44. Children and supervision
(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 of quiet enjoyment of others.
(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.
(3) Residents are responsible to assume liability for and properly supervise activities of children including, but not exhaustively, bicycling, skateboarding and hockey.
Recreational Facilities
45. Recreation centre
(1) All persons using the Recreation Center do so at their own risk.
(2) Booking of the center can be arranged through the Caretaker. Application must be completed at least 14 days prior to the date the center is required.
(3) An owner who rents the center must be present during the function for which it has been rented and must ensure that all courtyard gates are kept locked. Entry gates used by visitors and guests must not be blocked open unless under direct supervision of an owner.
(4) Persons who rent the recreation center are responsible for their guests and for the actions of their guests and for any damage caused by their guests in the recreation center and while on common property.
(5) The center must be cleaned no later than 11:00 a.m. on the day following use, or earlier if so stipulated by the Caretaker.
46. Swimming pool
(1) All persons using the pool do so at their own risk.
(2) Abuse of these rules will result in an automatic fine and/or a suspension of pool privileges or closure of the pool by the council and/or the Department of Health.
(3) No lifeguard is on duty so the users are responsible for their own actions.
(4) The pool is for the use of all residents and their guests. Guests must be accompanied by a resident, 16 years or older. Maximum number of guests per strata lot is four (4) from Monday to Friday, two (2) on Saturday, Sunday and Holidays.
(5) Parents are responsible for the safety of their children. All children under 12 years of age must be accompanied by an adult.
(6) No glass or other harmful items may be brought into the pool area.
(7) Playing tag or rough play is not permitted in or around the pool enclosure.
(8)Proper swimwear must be worn in the pool. Cut-offs are not acceptable as they fray and clog the filter.
(9) Pets are not allowed in the pool enclosure.
(10) All persons with open sores, bandages, discharging ears or noses or inflamed eyes are forbidden to enter pool enclosure.
(11) Persons must refrain from using oil-based suntan lotions or similar oils. Neglect of this point will cause a layer of oil to be deposited on the surface of the pool resulting in annoyance and discomfort to all users and could result in damage to the filtering system.
(12) No smoking allowed in the pool area.
(13) No abusive language or excessive noise in or about the pool enclosure.
(14) No radios or loud speakers may be used in the pool enclosure, except use of personal earphones.
(15) The pool gate is not to be opened to strangers, i.e. unknown individuals without a pool key.
(16) The hours of operation shall be as determined by the strata council, and posted on the pool gate.
(17) A charge will be made for pool keys.
47. Noise
(1) No noise shall be made in or about the common property that, in the opinion of the Strata Council, is a nuisance, or unreasonably interferes with the use and enjoyment of any other strata lot owners or occupants.
(2) No stereo, radio, television, or other sound reproducing equipment, nor any musical instrument, shall be used within a strata lot at a volume that, in the opinion of strata council, causes a disturbance, or unreasonably interferes with the use and enjoyment of any other strata lot by owners.
(3) All Municipal Bylaws covering noise, disturbances, and public nuisance shall apply to all owners, tenants, boarders and their guests.
(4) While washing a vehicle, a resident must keep audio volume low.
48. Miscellaneous
(1) A resident or visitor must not store anything on common property.
(2) A resident must not permit any person to play in the flowerbeds or climb trees on common property.
(3) The riding of bicycles is not permitted in the courtyard except for tricycles ridden by young children. Bicycles with training wheels are considered as tricycles for the purposes of this bylaw.
(4) A resident or visitor must not use or store barbecues on common property, including the storage rooms.
(5) Any criticism of the manner in which the caretaker performs duties shall be directed to the Property Manager, not to the caretaker or members of the strata council, and in writing. The property manager’s address is noted in Schedule C.
(6) Replacement keys will be provided at the cost of each replacement key plus a minimum of one hour’s labour for the caretaker’s time to go and have a key or keys cut.
(7) The erection of tents, or other similar items is not permitted in the common areas. Unless used as a temporary shelter during social functions or for the purpose of cleaning.
(8) Laundry is not to be hung in common areas or on patios or balconies.
· Bylaws repealed and replaced in its entirety at the Annual General Meeting held December 4, 2001
· Bylaw #7(1)(i) added at the Annual General Meeting held April 8, 2008
· Bylaw #4(4) amended at the Annual General Meeting held April 8, 2008