(1.1.2) the owner of a strata lot for which a dishonored cheque is issued will be charged the financial service charge.

Transcription

1 Schedule of Bylaws for Westwood Strata BCS 2009 Subsection 1 - Duties of Owners, Tenants, Occupants and Visitors (1.1)Payment of strata fees (1.1.1) an owner must pay strata fees on or before the first day of the month to which the strata fees relate. If an owner fails to pay strata fees at the required time the strata corporation may charge interest at the rate of 10% per annum compounded annually. (Revised December 2007) (1.1.2) the owner of a strata lot for which a dishonored cheque is issued will be charged the financial service charge. (1.1.3) if the strata corporation incurs legal or other costs in order to collect strata fees or special levies in relation to a strata lot, the owner of the strata lot will be responsible to reimburse the strata corporation for the full amount of the costs incurred by the strata corporation. (1.1.4) Each owner must provide the strata corporation or its agent with twelve consecutive, month post-dated cheques for strata fees for the fiscal year of the strata corporation, dated as of the first day of each month, or if applicable, written authorization for monthly automatic debit from the owner s bank account. (1.2) a special levy is due and payable on the date or dates noted in the resolution authorizing the special levy. (1.2.1) Failure to pay a special levy on the due date will result in a fine of $50.00 for each month the special levy remains unpaid. (Revised December 2007) (1.2.2) When an owner fails to pay a special levy, outstanding special levies will be subject to an interest charge of 10% per annum, compounded annually. Subsection 2 - Repair and maintenance of property by owner (2.1) 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. (2.2) 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. Subsection 3 - Use of property (3.1) an owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that: (a) Causes a nuisance or hazard to another person, (b) Causes unreasonable noise, (c) Unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot, (d) Is illegal, or (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 (3.2) An owner, tenant, occupant 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. (3.3) An owner, tenant, occupant 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. (3.4) An owner, tenant or occupant must not keep any pets on a strata lot other than the following: (a) A reasonable number of fish or other small aquarium animals; (b) A reasonable number of small caged mammals; (c) Up to 2 caged birds; (d) Two dogs or two cats or one of each. The pet must not be more than 24 inches tall. Pets presently registered are grandfathered until they expire or there is a change in residency. (Revised December 2007) (e) This subsection does not apply to registered assisted dogs (3.5) An owner, tenant, occupant or visitor must ensure that all pets are leashed or otherwise secured when on the common property or on land that is a common asset. Cats are exempt from leashing on exterior common property only. The owner is responsible for the immediate clean-up of any pet excrement that occurs on common property. (3.6) A pet shall not cause a nuisance to any resident (3.6.1) If the council receives a complaint about a pet, a bylaw enforcement hearing will be held in accordance with the provisions of the Strata Property Act. At the end of the hearing, the council may take no action, fine the owner, require the person to pay the costs of remedying the contravention, or order the immediate removal of the pet from the strata lot in which case the pet will be immediately removed. The owner of the pet will be advised about the outcome of the hearing in writing. (3.7) Pet Owners are required to pick-up and clean ALL feces dropped by all pets defecating on common property. Any such failure to do so will result in a fine (3.8) All pets residing within the complex must be registered, including a photo and height measurement, along with owner identification and suite unit number identification prior to January 31, Any pet not registered by January 31, 2012 is subjected to the fines and remedies within these bylaws. (Revised December 2011) (3.9) All pets, including visiting pets must comply with the bylaws of Strata BCS2009 as to size (excluding those registered and exempted prior to December 2007), leash requirement, clean-up and conduct. An owner, tenant, or occupant who has an offending pet is subjected to the fines and remedies within these bylaws. (Revised December 2011) Subsection 4 - Inform Strata Corporation (4.1) Within 2 weeks of becoming an owner, an owner must inform the strata corporation of the owner's name, strata lot number and mailing address outside the strata plan, if any. (4.2) On request by the strata corporation, a tenant must inform the strata corporation of his or her name and all residents of the strata unit. Subsection 5 - Obtain approval before altering a strata lot (5.1) An owner must obtain the written approval of the strata corporation before making an alteration to a strata lot that involves any of the following: (a) The structure of a building;

3 (b) The exterior of a building; (c) Chimneys, stairs, balconies or other things attached to the exterior of a building; (d) Doors, windows or skylights on the exterior of a building, or that front on the common property; (e) Fences, railings or similar structures that enclose a patio, balcony or yard; (f) Common property located within the boundaries of a strata lot; (g) Those parts of the strata lot which the strata corporation must insure under section 149 of the Act. (5.2) 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 (5.3)This section does not apply to a strata lot in a bare land strata plan. (5.4) 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. (5.5) An Owner 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 nor cost incurred by the strata corporation as a result, directly or indirectly, of the alterations to common property, limited common property or common assets; and 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. (5.6) Any costs or expenses incurred by the strata corporation as the result of the alteration will be the responsibility of the owner 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. Subsection 6 - Obtain approval before altering common property (6.1) An owner must obtain the written approval of the strata corporation before making an alteration to common property, including limited common property, or common assets. (6.2) The strata corporation may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration. Subsection 7 - Permit entry to strata lot (7.1) An owner, tenant, occupant 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, to inspect, repair or maintain common property, common assets and any portions of a strata lot that are the responsibility of the strata corporation to repair and maintain under these bylaws or insure under section 149 of the Act.

4 (7.2) The notice referred to in subsection (1) (b) must include the date and approximate time of entry, and the reason for entry. Subsection 8 - Powers and Duties of Strata Corporation (8.1) The strata corporation must repair and maintain all of the following: (a) Common assets of the strata corporation (b) Common property that has not been designated as limited common property (c) Limited common property, but the duty to repair and maintain it is restricted to the repair and maintenance that in the ordinary course of events occurs less often than once a year (d) The structure of a building (e) The exterior of a building (f) Chimneys, stairs, balconies and other things attached to the exterior of a building (g) Doors, windows and skylights on the exterior of a building or that front on the common property (h) Fences, railings and similar structures that enclose patios, balconies and yards; Subsection 9 - Council (9.1) The council must have at least 3 and not more than 7 members (9.2) The term of office of a council member ends at the end of the annual general meeting at which the new council is elected. (9.3) A person whose term as council member is ending is eligible for re-election. (9.4) Beginning at the 2007 regular AGM, 3 members will be elected for a 2 year term, and 4 members will be elected for a 1 year term. (revised December 2007) (9.5) 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 the strata lot under section 116(1) of the Act. (9.6) An owner or the spouse of an owner may stand for council, but not both (9.7) Unless all the owners are on the council, the Strata Corporation may, by a resolution passed by a majority vote at an annual or special general meeting, remove one or more council members. (9.8) After removing a council member, the strata corporation must hold an election at the same annual or special general meeting to replace the council member for the remainder of the term. (9.9) If a council member resigns or is unwilling or unable to act for a period of 2 or more months, the remaining members of the council may appoint a replacement council member for the remainder of the term. (9.10) A Strata Council member, who has missed any 3 out of 5 strata meetings, may be dismissed by the strata council (9.11) A replacement council member may be appointed from any person eligible to sit on the council. (9.12) The council may appoint a council member under this section even if the absence of the member being replaced leaves the council without a quorum.

5 (9.13) If all the members of the council resign or are unwilling or unable to act for a period of 2 or more months, persons holding at least 25% of the strata corporation's votes may hold a special general meeting to elect a new council by complying with the provisions of the Act, the regulations and the bylaws respecting the calling and holding of meetings. (9.14) At the first meeting of the council held after each annual general meeting of the strata corporation, the council must elect, from among its members, a president, a vice president, a secretary and a treasurer. (9.15) A person may hold more than one office at a time, other than the offices of president and vice president. (9.16) The vice president has the powers and duties of the president (9.16.1)While the president is absent or is unwilling or unable to act, or (9.16.2) For the remainder of the president's term if the president ceases to hold office. (9.17) If an officer other than the president is unwilling or unable to act for a period of 2 or more months, the council members may appoint a replacement officer from among themselves for the remainder of the term. (9.18) 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. (9.18.1)The notice does not have to be in writing (9.19) A council meeting may be held on less than one week's notice if: (a) All council members consent in advance of the meeting (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. (9.20) The council must inform owners about a council meeting as soon as feasible after the meeting has been called. (9.21) An owner or tenant may request a hearing at a council meeting as long as there is an application in writing. (9.21.1) If a hearing is requested, the council must hold a meeting to hear the applicant within one month of the request. (9.21.2) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week of the hearing. (9.22) A quorum of the council is (a) 2, if the council consists of 2, 3 or 4 members, (b) 3, if the council consists of 5 or 6 members, and (c) 4, if the council consists of 7 members. (9.23) Council members must be present in person at the council meeting to be counted in establishing quorum. (9.24) 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. (9.24) Owners may attend council meetings as observers. (9.24.1) Despite subsection (9.24), 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;

6 (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. (9.25) At council meetings, decisions must be made by a majority of council members present in person at the meeting. (9.26) If there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote. (9.27) The results of all votes at a council meeting must be recorded in the council meeting minutes. (9.28) 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. (9.29) 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. (9.30) 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. (b) A delegation of a general authority to make expenditures must (aa) Set a maximum amount that may be spent, and (bb) Indicate the purposes for which, or the conditions under which, the money may be spent. (9.31) The council may not delegate its powers to determine, based on the facts of a particular case: (a) Whether a person has contravened a bylaw or rule, (b) Whether a person should be fined, and the amount of the fine, or (c) Whether a person should be denied access to a recreational facility. (9.32) In exercising the powers and performing the duties of the strata corporation, each council member must: Act honestly and in good faith with a view to the best interests of the strata corporation, and exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances (9.33) 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. (9.34) The Strata Council 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. (9.34.1) Pursuant to Part 6 Finances Division 1-98 of the Strata Property Act the monetary limitation upon the strata council for expenditure not authorized in the budget other than in cases of emergency shall be two thousand ($2,000.00) dollars. (9.35) 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. (9.35.1) Subsection (9.35) does not affect a council member's liability, as an owner, for a judgment against the strata corporation.

7 Subsection 10 - Enforcement of Bylaws and Rules Maximum fine (10.1) 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. (10.2) 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. Subsection 11 - Annual and Special General Meetings Person to chair meeting (11.1) Annual and special general meetings must be chaired by the president of the council. (11.2) If the president of the council is unwilling or unable to act, the meeting must be chaired by the vice president of the council. (11.3) 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. (11.4) Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote. (11.5) 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. (11.6) Persons who are not eligible to vote, including tenants and occupants must leave the meeting if requested to do so by a resolution passed by a majority vote at the meeting. (11.7) At an annual or special general meeting, voting cards must be issued to eligible voters. (11.8) 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. (11.9) 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. (11.10) 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. (11.11) 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. (11.12) Despite anything in this section, an election of council or any other vote must be held by secret ballot, if the secret ballot is requested by an eligible voter.

8 (11.13) If within 30 minutes from the time appointed for the general meeting a quorum is not present, the general body will wait for another 15 minutes. At the lapse of 45 minutes from the time appointed for the general meeting, the eligible voters present, in person or by proxy, constitute a quorum. (11.14) The order of business at annual and special general meetings is as follows: (a) Certify proxies and corporate representatives and issue voting cards (b) Determine that there is a quorum (c) Elect a person to chair the meeting, if necessary (d) Present to the meeting proof of notice of meeting or waiver of notice (e) Approve the agenda (f) Approve minutes from the last annual or special general meeting (g) Deal with unfinished business (h) Receive reports of council activities and decisions since the previous annual general meeting, including reports of committees, if the meeting is an annual general meeting (I) Ratify any new rules made by the strata corporation under section 125 of the Act (j) Report on insurance coverage in accordance with section 154 of the Act, if the meeting is an annual general meeting (k) Approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an annual general meeting (l) Deal with new business, including any matters about which notice has been given under section 45 of the Act (m) Elect a council, if the meeting is an annual general meeting (n) Terminate the meeting (o) 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. (Revised December 2007) **If there is an eligible lien against a strata lot, the strata lot owner is not eligible to vote** Subsection 12 Parking (12.1) Underground parking stalls have been designated as limited common property for the benefit of particular strata lots and become the exclusive right to the owners(s) of that strata lot. Unassigned parking stalls remain common property, with the assignment of these stalls the responsibility of the Strata Council. Any change in residency returns the reserve paid parking stall to the pool to be allocated to the next on the first registered/first served list. (Revised December 2007) (12.2) Additional space may be rented from the Strata Corporation, subject to availability on a first come, first served basis, (Parking Space Rental charges will be decided by the strata council) (12.3) If a vehicle is not parked in its allocated space, or parked in areas not designated as parking areas, will be subject to tow-away, at the Owner s expense. (12.4) An owner, tenant or occupant must not store unlicensed or uninsured vehicles on the common property, limited common property or on land that is a common asset. (12.5) An owner, tenant or occupant must not permit any oversized or recreational vehicles including, but not exclusively, boats, trailers and campers to enter or be parked or stored on common property, limited common property or land that is a common asset. (revised December 2007) (12.6) A second space may have been provided by the developer when the owner purchased their strata unit. Additional vehicles that have not been provided a second space must find appropriate parking elsewhere.

9 (12.7) Strata Council will designate Visitor Parking Stalls, and Disabled Person Parking Stalls. (12.7.1) Any vehicle parked in the Disabled Person Parking stall without a valid disabled sticker will be subject to tow-away at the owner s expense. Disabled Person Parking Stalls are for the use of Visitors only. (Revised December 2007) (12.8) Visitors are allowed only to park in the designated Visitor areas. (12.9) Residents are not allowed to park in the Visitor Parking Stalls. (12.10) An owner, tenant or occupant must park only in the parking stall assigned to the owner, tenant or occupant. (Revised December 2007) (12.11) Vehicles that do not have valid license plate or valid current sticker on the plate are not permitted in any parking space within the Strata Corporation except as follows: (a) Where an owner has a vehicle that is in good repair but he/she wishes to have the vehicle unlicensed and off the road for a period of up to six (6) months, the owner may do so upon application and by providing written proof of storage insurance to the strata council. (b) Vehicles with proper storage insurance are restricted to the underground area only. Revised October 2008 (12.12) There shall be no derelict vehicles parked anywhere on the common property. A derelict vehicle is one, which shall be defined as being not presently, roadworthy or is, in the opinion of the majority of the strata council, unsightly. This vehicle will be towed immediately at the owner s expense. This also includes un-insured vehicles. (12.13) There shall be no repairs; oil changes or other maintenance operations carried out on common or limited common property including the washing of vehicles. (12.14) Owners shall clean up any oil spillage from their vehicles, and in the event a spillage is not properly cleaned the strata council may order the work done and shall hold the owner liable for the expenses of such cleanup. (12.15) Any owner, tenant, occupant or visitor parked in violation of these bylaws will be subject to removal by a towing company authorized by council, and all costs associated with such removal will be charged to the owner of the strata lot. (revised December 2007) (12.15) An owner shall not rent or lease his/her parking stall to anyone other than an owner or tenant of Westwood. (12.16) Owners/Visitors must obey the speed limit of 20 km/h. This is for the sole safety of individuals. (12.17) An owner, tenant or occupant must not use a parking lot for anything other than parking a vehicle. (revised December 2007) Subsection 13 Signs/Open House Policy (13.1) In the event that an owner or his/her agent wishes to hold an open house the following policies shall apply: (a) There shall be no for sale signs evident other than during open house hours. There shall be no signs in unit windows, balconies, and patios or on exterior walls. (13.2) A sign post with a generic Units For Sale sign will be displayed for each building. No personalized realtor signs will be displayed on the common property. (amended Dec )

10 (13.3) At any open house, there shall be a person available representing the suite at all times. Visitors to the open house shall not be permitted to wander through the project unescorted. Subsection 14 Barbecuing (14.1) Barbecuing is permissible and should be done with the utmost care and consideration of your neighbors. (14.2) Appropriate safety precautions are be taken to avoid mishaps and accidents. (14.3) Propane and electric barbecues are the only types allowed. (14.4) There shall be no barbecuing anywhere on the common property without written advance permission of the strata council. (14.4) The BBQ appliance, while in use on the ground floor, must be placed away from the building. (14.5) ) The BBQ appliance while in use on upper floors (2-4) are to be placed away from the building and must not cause damage to any common property or limited common property. (revised December 2007) (14.6) If a series of complaints is received by the strata council regarding a particular barbecue, council shall investigate, and may at its sole discretion deny further barbecue privileges to an offending resident. Subsection 15 - Garden Planting (15.1) There shall be no resident garden planting in any of the common areas. (15.2) No Hanging Planter boxes or Planter pots are allowed. (15.2.1) A reasonably sized planter box located on the balcony will be allowed. Subsection 16 - Common Areas (16.1) Common area, including the main lobbies, the main entrance, hallways, garage, mail room, amenities room, locker rooms and grounds may not be used for the purpose of loitering, meetings, games, parties, nor as smoking, drinking or eating areas except in such cases as may specifically be agreed and designated by the strata council on a periodic basis only. (16.2) The common property must be kept free of restrictions or hindrances. Without limiting the generality of the foregoing, this includes entrance, exits, halls, passages, mail room, vestibules, and stairways in the common property of the Westwood complex. (16.3) Cleanliness of the common property is the responsibility of every resident of Westwood complex. Any infractions should be brought to the attention of the Strata Council. (16.4) An Owner shall not use any part of the common property, other than roads and designated parking spaces for the operation or parking of motor vehicles. Nor, shall he/she obstruct or permit the sidewalks, walkways, passages, driveways and parking areas to be obstructed by motor vehicles of his/her family, occupiers, guests or visitors. (16.5) Lockboxes providing access to entry doors are not permitted (Fire Emergency Exempted) Subsection 17 Garbage

11 (17.1) Every person shall ensure that all garbage is drained, placed in bags and securely tied before being placed inside the garbage container. (17.2) Cardboard boxes should be flattened and (if possible) tied together before placing inside the container. (17.2) Recyclables are to be placed inside the container marked Recyclable. Follow the published rules for recyclables. (17.4) If the Garbage container is full, then do not leave garbage bags beside the Garbage container, as it will NOT be picked up by the Garbage Truck. Retain your garbage bags in your unit and bring it back later. (17.5) Do not stack any garbage bags around collection bins as animals shred them open that causes spread of germs and bacteria. (17.6) The resident must remove any and all material, other than ordinary household refuse and garbage, from the common property, or the Owner s strata lot, at their own efforts and cost. (17.7) Littering will not be tolerated. If caught, a fine will be imposed. Subsection 18 - Air Conditioners (18.1) Air conditioners are not permitted to be attached or hung on the outside of any strata lot. (18.2) Portable air conditioners are acceptable that can vent to the outside via an exhaust duct in the window. (18.3) Fans in windows are acceptable. Subsection 19 Waterbeds (19.2) All waterbeds must be of quality construction. (19.2) Owners of the waterbeds will be held responsible for any damages arising to common property or any strata lot as a result of leakage or spillage from the waterbed. (19.2) Owners/residents shall carry appropriate waterbed insurance. (19.2.1) The owner will, on request provide a copy of insurance to the strata council. Subsection 20 - Festive Decorations and Lights (20.1) Festive lights may be displayed for 25 days before and 15 days after the event. (20.2) No live trees are permitted in a strata lot. (20.3) Strata Council will consider a written request for any other festivity and or decoration as appropriate. Subsection 21 Use of Strata Lot (21.1) An owner, tenant or occupant shall not use or permit the use of his strata lot for a professional, commercial or business purpose that: (a) May or will increase the amount of foot traffic or motor vehicle traffic in the common property or the strata lot (b) In any way increases or may increase the liability risk of the strata corporation

12 (c) involves customers, clients, employees, contractors, other workers or any individuals attending the strata lot other than those individuals ordinarily resident in the strata lot; or (d) Involves individuals using a strata lot as a place of temporary lodging. Subsection 22 Rentals (22.1) Rentals will be limited 0 units per building. (Revised December 2007) (22.4) This bylaw does not apply to prevent the rental of a strata lot to a member of the owner s family: (a) Family or Family member means a spouse of the owner, a parent or child of the owner, or a parent or child of the spouse of the owner; (b) Spouse of the owner includes an individual who has lived and cohabited with the owner, for a period of at least 2 years at the relevant time in a marriage-like relationship, including a marriage-like relationship between persons of the same gender. (c) Brother or Sister means the legal sibling of one of the owners provided owner submits a duly notarized document indicating the person is legally a brother or sister of the owner. (Amended March 15, 2014 CA ) (22.5) Owners presently renting their units (original purchasers from Developer exempted) have one year from the registration of this bylaw to comply. (Revised December 2007) (22.6) An owner who leases a strata lot in contravention of this bylaw will be subject to a fine in an amount of $500 for each seven (7) day period that the strata lot is rented in contravention of the by-laws. (22.7) Any owner of a strata lot who leases his lot without submitting a Form K in accordance with the Strata Property Act shall be liable to a fine of $250 for every month or part thereof that a tenant is in occupancy of the lot and the Form K not submitted. (22.8) Maximum number of permanent residents per strata lot shall be restricted to the equivalent of 2 persons per bedroom. Subsection 23 - Satellite Dish Antenna (23.1) Satellite dishes are not permitted on the balcony, deck, patio, roof, or other common areas of the strata. This is to maintain uniformity and customary appearance of Westwood buildings. (23.2) The strata unit owner may request the Strata Council in writing to receive written permission for use of a Satellite Dish meeting the criteria as explained herein. (23.3) Such request will be discussed in the next scheduled Strata Council meeting from the date of receiving such requests. (23.4) Generally, following guidelines will be used by Strata Council to award such permissions: (a) Satellite dishes less than 24 inches in diameter may be allowed by Strata Council. (b) It must not be affixed to the exterior of the building. (c) A suitable tripod may be used for the satellite dish. (d) It must stay within the parameter limits of the balcony, patio or the deck. (e) Any other criteria deemed appropriate by the Strata council. Subsection 24 - Voluntary Dispute Resolution

13 (24.1) 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. (24.2) 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. (24.3) The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute. Subsection 25 Moving in/out procedures (25.1) An owner must conform and ensure that any tenants and occupant conform to the Move In and Move Out rules established by council from time to time. (25.2) An owner, tenant or occupant must provide notice to the strata corporation of all moving arrangements at least 48 hours before the moving date. All moves must take place between 8:00 a.m. and 9:00 p.m. All moves must be completed within four (4) continuous hours from start to finish. Additional time required will be at $12.50 per hour based on use of elevator lock out key and door monitor at front door. (Amended CA ) (25.3) An owner, tenant or occupant using the elevator during a move must ensure that the elevator service key is used to control the elevator and the doors not jammed open in any manner. (25.4) An owner, tenant or occupant must ensure that the lobby doors are not left open, ajar or unattended and the furniture is not left piled in the lobby area. (25.5) An owner, tenant or occupant must ensure that all common area are left damage free, clean and all hallways and lobby areas vacuumed immediately upon completion of the move. (25.6) An owner, tenant or occupant must pay a move in fee or a move out fee of $100.00, 48 hours prior to any move and any expenses incurred by the strata corporation attributable to the owner, tenant or occupant. (Amended CA ) (25.7) An owner, tenant or occupant contravening any of bylaws 25.1 to (inclusive) shall be subject to a fine of $ (Amended February 25, 2014 CA ) (25.8) An owner or tenant must within 7 working days of possession of their unit, attend to the offices of the Strata Property Manager, with all entry key fobs to arrange for re-programming the fobs to current residents of their unit. Any entry key fob not re-programmed within the 7 working days will be deleted from the programming system. (Amended February 24, 2014 CA ) Subsection 26 Amenity Room (26.1) The amenity room is available on a first-come-first-serve basis. Advance reservations are available from the Council Member in charge of Housekeeping. All Reservations must be arranged by an owner of Strata BCS2009.

14 (26.2) The rental fee is $50 per day, from 9am to 12 midnight, Fridays and Saturdays and 9am to 10 pm Sundays to Thursdays. A deposit of $250 is required prior to the date of the rental. Deposit is refundable if there is no damage or cleaning is not required. (26.3) Rent shall not be charged if the function is organized by the Strata Council, for strata Owners, or if used for a reception for family and friends following the death of an Owner. (26.4) Occupancy limit of the Amenity room is as per posted fire regulations. (26.5) Renting the Amenity Room shall be not be available for religious or political gatherings. (26.6) Owners renting the Amenity Room must be present at the function. (26.7) Owners renting the Amenity Room are responsible for cleaning up afterwards, including the kitchen and bathrooms. (26.8) Only non-marking materials are to be used on the walls. Any repairs that are required due to non-compliance shall be charged to the Owner responsible. (26.9) Smoking is not allowed in the Amenity Room or in any public areas of the building. (26.10) It is the Owner s responsibility to ensure that his or her guests observe all By-laws and Rules. Fines and/or costs of remedies will be applicable to the owner responsible. Developer Registered Bylaws 31. During the time that the Developer of the Strata Lots remains the registered owner of any Strata Lots in the Development, the Developer shall have the exclusive right to control, occupy and use the Common Property and such unsold Strata Lots as display units and sales office and to carry out such sales functions as the Developer deems necessary or desirable to enable the sale and marketing of all Strata Lots in the Development including, without limitation: a) erecting and placing directional, locational and advertising signage on and in the Common Property and on the Strata Lots owned by the Developer; b) encouraging and allowing prospective purchasers to view the Strata Lots owned by the Developer and the Common Property; and c) erecting and maintaining placards, flags and other like items for Development which shall be removed at the Developer s expense once all Strata Lots have been sold by the Developer. 32. In order to allow the Developer of the strata lots to market and sell any strata lots owned by the Developer, the Developer may, until the last Strata Lot has been sold by the Developer: a) designate for the Developer s exclusive use, up to 10 parking stalls located within the Common Property of the Development and intended for visitor use, provided that such parking stalls have not previously been designated as Limited Common Property on the strata plan, for use by the Developer and its staff, agents and prospective purchasers; b) allow any project to remain open during regular business hours including weekends so as to allow prospective purchasers reasonable and unimpeded access to the Strata Lots owned by the Developer and access to the Common Property and facilities of the Development; and c) have unimpeded access for the Developer, its sales staff, agents, and prospective purchasers to the Common Property and common facilities of the Development.

15 33. A strata lot owner may display on the Common Property a form of signage designed to attract pedestrians and passersby and which signage related directly or indirectly to the sale or lease of a strata lot. However, the strata corporation shall be entitled to stipulate, within reason the location and maximum size of any owner s signage on the Common Property, and notification for resale shall be contained on the directory board to be provided by the strata corporation for such purpose. (amended Dec ) 34. Except as provided for in Bylaw 31 or 32, and subject to the restriction contained in Bylaw 33 above, no advertising for the resale of a strata lot shall be permitted within or upon any strata lot, Limited Common Property or Common Property. 35. Except as provided for in Bylaw 31 or 32 above, no signs, gated, billboards, placards, flags, notices or advertising shall be erected or displayed on or from any strata lot, Limited Common Property or Common Property without prior written approval of the strata council. 36. No laundry, clothing, bedding, bicycles, tin foil, debris, waste material or refuse shall be hung, stored, placed or displayed from windows, decks, patios, balconied or other parts of a strata lot if such items are visible form the outside of the strata lot. 37. No awning, shade screen, smoke stack, satellite dish, radio or television antenna shall be hung from or affixed to the exterior of a strata lot, Limited Common Property or on the Common Property without the prior written approval of the strata council. 38. No owner shall keep, store or accumulate any debris, scrap metal car parts, refuse or waste material on any portion of the Common Property or Limited Common Property. 39. No owner shall carry out the repair of an automobile, truck or other vehicle while such automobile, truck or other vehicle is parked upon the Common Property or upon the Limited Common Property. 40. No owner shall park, store or keep an automobile, truck, or other vehicle upon the Common Property or upon the Limited Common Property if such automobile, truck or other vehicle is not licensed or is not roadworthy or is in a state of disrepair. 41. No recreational vehicles (including, without limitations, any motorhome, house, trailer, camper, tent trailer, or fifth wheel), boat, trailer or any other type of recreational vehicle shall be parked, stored or kept on any portion of the Common Property or Limited Common Property. 42. In the even that any owner violates the provisions of Bylaw 33 above, the Developer shall have the right to immediately remove such signage without notice and without any responsibility or liability to the owner for so doing. 43. In the event that any owner violates the provision of any of Bylaw 34 through 41 inclusive, the strata council may, if after giving seven days written notice requesting the owner to remedy the violation and the owner has failed to do so within such time, take all steps necessary to rectify and enforce the violation of the applicable Bylaw and the cost of so rectifying the violation and enforcing the applicable Bylaw shall be added to the monthly assessment next payable by such owner. 44. The provisions of Bylaws 31, 32, 33, 42 and this bylaw 44 shall not be repealed, altered or amended in any way unless such repealing, altering or amending has been approved by a unanimous resolution approved by the owners of the strata lots, including the Developer if the Developer is the registered owner of any of the strata lots at the time such unanimous resolution is voted upon.

16 45. No changes in flooring materials shall be made, nor any other services altered or supplemented within any walls or in the Common Property without previous written approval by the strata corporation. 46. Strata Lot owners shall be responsible for advising their visitors of any rules relating to pets and such owner shall be responsible for the cost of any clean-up or damage repair caused by their own pets or their guest s pets. No owner or resident shall feed pigeons, seagulls, crows starlings or other large birds from any Strata lot of the Common Property. 47. A resident must ensure that drapes or blinds visible from the outside of the building are white or off-white in colour. (amended Dec ) 48. The strata corporation may proceed under the Small Claims Act, without further authorization by the owners, to recover from an owner or other person(s), 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. (amended Dec )