COTTON RIDGE STRATA - BCS 1844 CONSOLIDATED BYLAWS 2014 DIVISION 1 DUTIES OF OWNERS, TENANTS, OCCUPANTS AND VISITORS

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1 COTTON RIDGE STRATA - BCS 1844 CONSOLIDATED BYLAWS 2014 DIVISION 1 DUTIES OF OWNERS, TENANTS, OCCUPANTS AND VISITORS 1 PAYMENT OF STRATA FEES 1.1 An owner must pay strata fees on or before the first day of the month to which the strata fees relate. 2 REPAIR AND MAINTENANCE OF PROPERTY BY OWNER 2.1 An owner must maintain and repair 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. 2.3 An owner is responsible to keep such articles as dishwashers, washing machines, dryers, kitchen and bathroom faucets and drains, toilets, and other fixtures and appliances in good condition, and shall be responsible for loss or damage caused as a result of the failure, breakage, or malfunction of the said articles and appliances. (Added at the Annual General Meeting held on July 12, 2011) 2.4 Despite Bylaw 8.1, an owner is responsible for the day-to-day maintenance of limited common property designated for the owner s exclusive use (including patios). This includes a duty to repair torn or burnt vinyl decking immediately, and to ensure that seams in vinyl decking are sealed. (Added at the Annual General Meeting held on July 12, 2011) 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, (quiet time hours are from 11:00 p.m. to 7:00 a.m.) (Amended at the Annual General Meeting held on July 21, 2009) 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 injurious to the reputation of the Strata Corporation, (Amended at the Annual General Meeting held on July 21, 2009) 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, and

2 f) is contrary to any statue, ordinance, Bylaw or Regulation of any government, whether Federal, Provincial, Municipal, or otherwise. (Added at the Annual General Meeting held on July 21, 2009) 3.2 An owner, tenant, occupant or visitor must not; a) place a freezer on his or her balcony, b) clean or wash a balcony in a manner that would cause dripping or leakage below or in a manner that flushes or floods the balcony; except for the first floor, or c) throw any objects off of the balcony, such objects to include but not be limited to cigarettes or cigarette butts. 3.3 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. 3.4 An owner, resident or tenant must ensure that no laundry, flags, clothing, bedding or other articles are hung or displayed from windows, balconies or other parts of the building so that they are visible from the outside of the building. (Added at the Special General Meeting held on January 15, 2007) 3.5 An owner, resident or tenant must not shake rugs, carpets, mops or dusters of any kind from any balcony, window, stairway or other part of a strata lot or common property. (Added at the Special General Meeting held on January 15, 2007) 3.6 An owner, resident or tenant must not allow a strata lot to become unsanitary or untidy. Rubbish, dust, garbage, boxes, and other similar refuse must not thrown, piled or stored in the strata lot or on common property. Storage of household furniture is not permitted on balconies or patios. (Added at the Special General Meeting held on January 15, 2007) 3.7 An owner, resident or tenant must ensure that all drapes or blinds visible from the outside of the building are cream or white in color. (Added at the Special General Meeting held on January 15, 2007) 3.8 An owner, resident, or tenant is not permitted to bring any live and/or potted Christmas trees onto a strata lot or common property. (Added at the Special General Meeting held on January 15, 2007) AGE RESTRICTION: 3.9 This is an adult oriented development where the exclusive use, occupation and enjoyment of the strata lots are restricted to persons nineteen (19) years of age or over. a) If a resident of a strata lot has a child while occupying a strata lot, then on or before the child s second birthday, the resident must vacate the strata lot. (Added at the Annual General Meeting held on September 18, 2007) 2

3 3.10 A resident must not use or permit to be used, the strata lot except as a private dwelling home and, unless granted prior written approval by the Council. A resident must not allow more than three (3) adult persons to occupy a strata lot originally designated by the Owner Developer as a one bedroom unit and not allow more than four (4) persons to occupy a strata lot originally designated by the Owner Developer as a two bedroom unit. For the purposes of this Bylaw, a "person" is defined to include children, but excludes visitors staying for less than 30 days with an owner, occupant or tenant of a strata lot. Council may review special requests if a written request is submitted to Council for prior approval An owner shall cause their guests to comply with the Bylaws and Rules. Owners are responsible for fines relating to any violations that may be caused by their tenants, occupants, or visitors No owner, tenant, occupant or invitee shall; a) trespass on a part of the Premises to which another owner, tenant or occupant is entitled exclusive use, b) copy any key to Common Property without the written permission of the Strata Council, c) canvas or solicit, or permit any Person to canvass or solicit on the Premises, or d) place a mat or any other miscellaneous items on the floor in the common hallways An owner, tenant or occupant shall report to the police the presence of any suspicious person in or around the Premises An owner, tenant or occupant shall remove ordinary household refuse and garbage from his or her Strata lot and deposit it in the container provided by the Strata Corporation for that purpose; all garbage shall be bagged and tied before so deposited and the owner, tenant or occupant shall remove any materials other than ordinary household refuse and garbage from the strata plan property at his or her expense. (Added at the Annual General Meeting held on January 15, 2007) (Amended at the Annual General Meeting held on July 21, 2009) (Amended at the Annual General Meeting held on September 29, 2014) 3.15 An owner shall ensure that all hoses, pipes and other connections to appliances in a Strata Lot are and remain in good working order and are reasonably and sufficiently connected, such appliances to include but not be limited to washing machines, dryers, dishwashers, and plumbing units All cardboard must be disposed of in the cardboard recycling container and flattened prior to disposal An owner shall be responsible for, and immediately upon notice from the Strata Corporation reimburse the Strata Corporation for any fines or costs levied to the Strata Corporation as the result of attendance at the Premises by the fire department, police department, ambulance or other emergency services resulting from a false alarm caused by an Owner or his or her Guests. 3

4 3.18 An owner, tenant, or occupant shall do all such things as are reasonably necessary to conserve water and utility consumption on the Premises and in a Strata Lot. (Added at the Annual General Meeting held on July 21, 2009) 3.19 An owner shall not smoke, or allow guests to smoke in the interior common areas and the elevator An owner, tenant, occupant, or visitor shall not smoke at the front entrance of the building or underground parkade or within three meters of any opening of the building. (Added at the Annual General Meeting held on July 21, 2009) 3.21 No signs, billboards, advertising or notices of any kind shall be erected or displayed on the common property or strata lot, if visible from common property, without prior approval of the Strata Council A resident who installs Christmas lights on their balcony may install them no earlier than December 1st and must have them removed by January 15th. (Added at the Annual General Meeting held on July 21, 2009) 3.23 Garage/lawn sales are not permitted. (Added at the Annual General Meeting held on July 21, 2009) 3.24 A resident or visitor must not use or store fossil fuel barbecues, except propane on common property A resident or visitor must not hinder or restrict sidewalks, entrances, exits, passageways and other parts of the common property. Hindrance and restriction includes the keeping of personal items and garbage A resident or visitor must not wear or use inline skates, skateboards, and bicycles anywhere in the building, including a strata lot. (Added at the Annual General Meeting held on July 21, 2009) 3.27 A resident may post notices only on the designated bulletin board, subject to being removed by the Council if deemed inappropriate. (Added at the Annual General Meeting held on July 21, 2009) 3.28 A resident/owner may not place stickers other than those indicating an alarm company or a pet alert on the exterior of their strata lot door. Christmas wreaths will be allowed during the holiday season (December 1 - January 15). (Added at the Annual General Meeting held on July 21, 2009) 3.29 A resident must not display or erect fixtures, poles, clotheslines, racks, storage sheds and similar structures permanently or temporarily on limited common property, common property or land that is a common asset. Despite the foregoing, the placing of items on the limited common property balconies and patio areas shall be limited to free-standing, selfcontained planter boxes or containers, summer furniture, accessories and non fossil fuel barbecues. 4

5 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 last name. 5 OBTAIN APPROVAL BEFORE ALTERING A STRATA LOT 5.1 An owner must obtain the written approval of the Strata Corporation before making an alteration to a strata lot that involves any of the following; a) the structure of a building, b) the exterior of a building, c) chimneys, stairs, balconies or other things attached to the exterior of a building, d) doors, windows or skylights on the exterior of a building, or that front on the common property, e) fences, railings or similar structures that enclose a patio, balcony or yard, f) common property located within the boundaries of a strata lot, or 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 subsection 5.1, but may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration. 5.3 An owner intending to apply to the Strata Corporation for permission to alter the interior of a strata lot must submit, in writing, detailed plans and written description of the intended alteration. Ex: Hardwood flooring, cabinetry, etc. 5.4 This section does not apply to a strata lot in a bare land strata plan. 5.5 No structural alteration to any bearing or party wall shall be made and no plumbing or electrical work within any bearing or party wall, if any, shall be made without the proper written consent of the council; such consent will not be unreasonably withheld. Any work approved by the Strata Council and undertaken by the homeowner(s) must be conducted by a licensed and insured tradesperson and all work conducted must be completed in a professional manner that complies with current BC Building Code legislation. (Added at the Annual General Meeting held on July 21, 2009) (Amended at the Annual General Meeting held on September 29, 2014) 5

6 5.6 An owner must give the Council two working days prior notice of the scheduled arrival of tradespersons or delivery of materials in the event of major alterations taking place. Tradespersons must be licensed, bonded, and covered by up to date WorkSafe BC Coverage. Inadequate notice or work by unlicensed or non-bonded tradespersons will result in the levy of fines. (Amended at the Annual General Meeting held on September 29, 2014) 5.7 No owner or occupant shall permit or use any scrap material, tinfoil, newspaper or cardboard as window shade material. (Added at the Annual General Meeting held on July 21, 2009) 5.8 Flooring other than carpet will require a superior soundproofing barrier. (Added at the Annual General Meeting held on July 21, 2009) 5.9 A resident must not permit any construction debris, materials or packaging to be deposited in the Strata Corporation's disposal containers. The cost to remove said debris alone or resulting in an extra garbage pick up will be charged back to the strata lot owner and fined as outlined in bylaw An owner must ensure that the delivery of any construction materials is through the parking lot and, if in an elevator, the owner must ensure the elevator is protected with proper wall pads During renovations a resident must be responsible to ensure; (Added at the Annual General Meeting held on July 21, 2009) a) stairs, lobbies and paths through the parking areas are regularly cleaned (and vacuumed at the request of Council) and the residential corridors thoroughly vacuumed after each work day An owner must ensure that the hours of work are restricted to 9:00 a.m. to 6:00 p.m. Monday through Saturday An owner must be in attendance for all significant renovations/alterations, the determination of significance shall be at the discretion of the Council. (Added at the Annual General Meeting held on July 21, 2009) 5.14 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 An owner in contravention of Bylaws 5.1 to 5.16 (inclusive), shall be subject to a fine of $ for each contravention, as well as be responsible for any cleanup or repair costs associated with common property damage. (Added at the Annual General Meeting held on July 21, 2009) 5.16 The Strata Corporation may require as a condition of its approval that the owners agree, in writing, to take responsibility for any expenses relating to the alteration and to provide, at the request of the Strata Corporation, evidence of appropriate insurance coverage relating to the alteration. 6

7 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. 6.3 No balcony enclosures or any architectural changes to the exterior of the building are permitted under any circumstances. 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, and c) to ensure compliance with the Act and these Bylaws. (Added at the Annual General Meeting held on July 21, 2009) 7.2 The notice referred to in subsection 7.1(b) must include the date and approximate time of entry, and the reason for entry. DIVISION 2 POWERS AND DUTIES OF STRATA CORPORATION 8 REPAIR AND MAINTENANCE OF PROPERTY BY 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; i) repair and maintenance that in the ordinary course of events occurs less often than once a year, and ii) the following, no matter how often the repair or maintenance ordinarily occurs; A) the structure of a building, 7

8 B) the exterior of a building, C) chimneys, stairs, balconies and other things attached to the exterior of a building, D) doors, windows and skylights on the exterior of a building or that front on the common property, and E) fences, railings and similar structures that enclose patios, balconies and yards. d) a strata lot in a strata plan that is not a bare land strata plan, but the duty to repair and maintain it is restricted to; i) the structure of a building, ii) iii) iv) the exterior of a building, chimneys, stairs, balconies and other things attached to the exterior of a building, doors, windows and skylights on the exterior of a building or that front on the common property, and 9 COUNCIL SIZE v) fences, railings and similar structures that enclose patios, balconies and yards. DIVISION 3 - COUNCIL 9.1 Subject to subsection 9.2, the council must have at least 3 and not more than 7 members. 9.2 If the strata plan has fewer than 4 strata lots or the Strata Corporation has fewer than 4 owners, all the owners are on the council. 9.3 In addition to those persons set out in the Act, the following persons are entitled to stand for election as a council member; a) spouse of an owner or legal common law partner, b) court appointed representative of an owner, or c) any person appointed as the attorney of an owner pursuant to the Power of Attorney Act or any act made in substitution thereof, Provided however, that only ONE (1) representative of a strata lot may stand for election as a council member. 9.4 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 Certificate of Lien against that strata lot. 8

9 10 COUNCIL MEMBERS TERMS 10.1 The term of office of a council member ends at the end of the Annual General Meeting at which the new council is elected A person whose term as council member is ending is eligible for re-election. 11 REMOVING COUNCIL MEMBER 11.1 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 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. 12 REPLACING COUNCIL MEMBER 12.1 If a council member resigns or is unwilling or unable to act for a period of 2 or more months, the remaining members of the council may appoint a replacement council member for the remainder of the term A replacement council member may be appointed from any person eligible to sit on the council 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 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. 13 OFFICERS 13.1 At the first meeting of the council held after each Annual General Meeting of the Strata Corporation, the council must elect, from among its members, a president, a vice president, a secretary and a treasurer A person may hold more than one office at a time, other than the offices of president and vice president The vice president has the powers and duties of the president; a) while the president is absent or is unwilling or unable to act, or b) or the remainder of the president s term if the president ceases to hold office. 9

10 13.4 If an officer other than the president is unwilling or unable to act for a period of 2 or more months, the council members may appoint a replacement officer from among themselves for the remainder of the term. 14 CALLING COUNCIL MEETINGS 14.1 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 The notice does not have to be in writing 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 The council must inform owners about a council meeting as soon as feasible after the meeting has been called. 15 REQUISITION OF COUNCIL HEARING 15.1 By application in writing, stating the reason for the request, an owner or tenant may request a hearing at a council meeting If a hearing is requested under subsection 15.1, the council must hold a meeting to hear the applicant within one month of the request 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. 16 QUORUM OF COUNCIL 16.1 A quorum of the council is; a) 1, if the council consists of one member, b) 2, if the council consists of 2, 3 or 4 members, c) 3, if the council consists of 5 or 6 members, and d) 4, if the council consists of 7 members Council members must be present in person at the council meeting to be counted in establishing quorum. 10

11 17 COUNCIL MEETINGS 17.1 At the option of the council, council meetings may be held by electronic means, so long as all council members and other participants can communicate with each other If a council meeting is held by electronic means, council members are deemed to be present in person Owners may attend council meetings as observers Despite subsection 17.3, no observers may attend those portions of council meetings that deal with any of the following; a) bylaw contravention hearings under section 135 of the Act, b) rental restriction bylaw exemption hearings under section 144 of the Act, or 18 VOTING AT COUNCIL MEETINGS c) any other matters if the presence of observers would, in the council s opinion, unreasonably interfere with an individual s privacy At council meetings, decisions must be made by a majority of council members present in person at the meeting Unless there are only two strata lots in the strata plan, if there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote The results of all votes at a council meeting must be recorded in the council meeting minutes. 19 COUNCIL TO INFORM OWNERS OF MINUTES 19.1 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. 20 DELEGATION OF COUNCIL S POWERS AND DUTIES 20.1 Subject to subsections 20.2 to 20.4, 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 The council may delegate its spending powers or duties, but only by a resolution that; a) delegates the authority to make an expenditure of a specific amount for a specific purpose, or b) delegates the general authority to make expenditures in accordance with subsection

12 20.3 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 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. 21 SPENDING RESTRICTIONS 21.1 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 Despite subsection 21.1, 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 Subject to subsection 21.4 below, if a proposed expenditure has not been approved in the budget or at an Annual or Special General Meeting, the Strata Corporation may only make such expenditures out of the operating fund if the expenditure, together with all other expenditures, whether of the same type or not, that were made pursuant to this subsection 21.3 in the same fiscal year, is less than; (Added at the Annual General Meeting held on July 21, 2009) a) $ , or b) 5 % of the total contribution to the operating fund for the current year; whichever is less If the Strata Corporation makes an expenditure under subsection 21.3 above, the Strata Corporation must inform the Owners as soon as feasible about the expenditure of more than $1, on any single item Notwithstanding subsection 21.3 above, the Strata Corporation can make an expenditure out of either the operating fund or the contingency reserve fund if there are reasonable grounds to believe that an immediate expenditure is necessary to ensure safety or to prevent significant loss or damage, whether physical, financial or otherwise. (Added at the Annual General Meeting held on July 21, 2009) 12

13 22 LIMITATION ON LIABILITY OF COUNCIL MEMBER 22.1 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 Subsection 22.1 does not affect a council member s liability, as an owner, for a judgment against the Strata Corporation. 23 MAXIMUM FINE DIVISION 4 - ENFORCEMENT OF BYLAWS AND RULES 23.1 The Strata Corporation may fine an owner or tenant a maximum of; a) $ for each contravention of a bylaw, and b) $50.00 for each contravention of a rule. 24 CONTINUING CONTRAVENTION 24.1 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. 25 SMALL CLAIMS ACTIONS 25.1 Notwithstanding any provision of the Act, the Strata Corporation may proceed under the Small Claims Act (British Columbia) against an owner or other person to collect money owing to the Strata Corporation, including money owing as a fine, without requiring authorization by a Resolution passed by a 3/4 vote. (Added at the Annual General Meeting held on July 21, 2009) DIVISION 5 - ANNUAL AND SPECIAL GENERAL MEETINGS 26 PERSON TO CHAIR MEETING 26.1 Annual and Special General Meetings must be chaired by the president of the council If the president of the council is unwilling or unable to act, the meeting must be chaired by the vice president of the council 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. 13

14 27 PARTICIPATION BY OTHER THAN ELIGIBLE VOTERS 27.1 Tenants and occupants may attend Annual and Special General Meetings, whether or not they are eligible to vote 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 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. 28 VOTING 28.1 At an Annual or Special General Meeting, voting cards must be issued to eligible voters 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 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 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 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 If there are only 2 strata lots in the strata plan, subsection 28.5 does not apply 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. 29 ORDER OF BUSINESS 29.1 The order of business at annual and special general meetings is as follows; a) certify proxies and corporate representatives and issue voting cards, b) determine that there is a quorum, c) elect a person to chair the meeting, if necessary, d) present to the meeting proof of notice of meeting or waiver of notice, e) approve the agenda, f) approve minutes from the last Annual or Special General Meeting, g) deal with unfinished business, 14

15 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, and n) terminate the meeting. DIVISION 6 - VOLUNTARY DISPUTE RESOLUTION 30 VOLUNTARY DISPUTE RESOLUTION 30.1 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 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 The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute. 15

16 31 RENTALS (Added at the Special General Meeting held on January 15, 2007) (Amended at the Annual General Meeting held on July 21, 2009) (Amended at the Annual General Meeting held on September 17, 2012) 31.1 The rental of a strata lot is prohibited Not withstanding paragraph 31.1, where cases of undue physical or financial hardship of a personal nature arise, the owner in accordance with section 144 of the Strata Property Act, may make a written request to the Council for permission to rent a strata lot for a limited period of time, and where the Council has been provided with evidence that undue hardship will result if limited rental approval is not given, the Council shall not unreasonably withhold permission for limited rental. a) This Bylaw does not apply to prevent the rental of a strata lot to a member of the family of an owner, meaning; i) the spouse of the owner, ii) iii) a parent or child of the owner, or a parent or child of the spouse of the owner, where spouse of the owner includes legal common law spouses with the owner, in a marriage-like relationship, including a marriage-like relationship between persons of the same gender. b) The Strata Corporation will impose a fine of up to $500 for a contravention of this Bylaw, and may impose such fine for a continuing contravention every seven days. c) The Strata lot owner shall be ultimately responsible for his/her tenant s conduct, activities, fines, and penalties or damages. Owners must ensure that their prospective tenants are suitable and compatible with other Cotton Ridge residents. Owners must thoroughly interview their prospective tenants and ensure they complete a written application form and Tenancy Agreement. Verification of all information must be done. Owners must; i) provide tenants with the current Bylaws and Rules, ii) iii) complete a Notice of Tenant s Responsibilities in Form K, and consult with the tenant s current and previous landlord, and provide the Bylaws to the prospective tenant and advise them these Bylaws will be strictly enforced. Tenants, who like to listen to loud music, have parties or who are irresponsible should be discouraged from moving into Cotton Ridge Under the Strata Property Act, a tenant in a Strata Corporation must comply with the bylaws and rules of the Strata Corporation that are in force from time to time (current bylaws and rules attached) The current bylaws and rules may be changed by the Strata Corporation, and if they are changed, the tenant must comply with the changed bylaws and rules. 16

17 31.5 If a tenant or occupant of the strata lot, or a person visiting the tenant or admitted by the tenant for any reason, contravenes a bylaw or rule, the tenant is responsible and may be subject to penalties, including fines, denial of access to recreational facilities, and if the strata corporation incurs costs for remedying a contravention, payment of those costs The Strata Corporation shall have the right to terminate the tenancy of any tenant the Strata Corporation considers objectionable or a nuisance. In the event the Strata Corporation terminates a tenancy for this reason, the fines applicable under the provisions of the Strata Property Act shall immediately become due and payable by the Strata lot owner Owners who rent their units must be sure that tenants understand and are aware of the Strata Property Act and the Bylaws and Rules of the Strata Corporation. 32 PETS (Amended at the Special General Meeting held on January 15, 2007) (Amended at the Annual General Meeting held on July 21, 2009) 32.1 Residents and visitors must abide by the following bylaws regarding pets An owner, tenant or occupant must not keep any pets 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, or d) two dogs or two cats; or one dog and one cat A resident must ensure that all animals are leashed or otherwise secured and in the presence of a responsible person when on the common property Residents must immediately remove from common property or land that is a common asset, all pet excrement arising from the resident s pet or any pet belonging to a resident s visitor The resident or owner is responsible to pay for any damage, repairs, replanting of grass, shrubs or trees, or cleanup of any kind that is required due to their pet s activities in the complex A resident or visitor must not bring any dangerous or poisonous animals onto a strata lot, the common property or on land that is a common asset No resident or owner shall permit their pet to interfere with any other person, pet or object, or permit their pet to disturb any other resident with uncontrolled barking or howling A permitted pet must not be in excess of lbs. (and/or) 16 inches at the shoulder. 17

18 32.9 A resident or visitor must not feed birds, rodents or other wild animals from any strata lot, limited common property, common property or land that is a common asset. No birdfeeders of any kind are permitted to be kept on balconies, strata lots, common property or land that is a common asset. 33 PARKING 33.1 No owner, tenant or occupant shall repair or adjust any vehicle on the premises so as to cause a nuisance, inconvenience or mess to any owner, tenant or occupant or to cause damage to the premises, and not withstanding the generality of the foregoing, no owner, tenant or occupant shall do tune-ups or oil changes on the premises No owner, tenant, occupant shall; a) except with the consent of the Strata Corporation, cause or permit a vehicle that is not registered or insured in British Columbia to be parked on the Premises, except for visitors, b) cause or permit a vehicle to be parked on the premises if such vehicle is not in good working order or; c) except with the consent of the Strata Council, drive, park, or store a trailer, boat, camper or motor home on the Premises, and d) except for the delivery of household items to or from a strata lot, shall cause or permit a vehicle greater than, 9000 lbs to be driven, stored, or parked on the premises An owner, tenant, or occupant who parks a vehicle on the premises shall; a) not park a vehicle in the front visitor parking area unless a parking pass is visibly displayed in the vehicle, b) except for a motorcycle and one other vehicle, not cause or permit more than one vehicle to be parked in a parking stall, c) take all steps that are reasonable required to ensure that no person enters the parking area through a parking garage without permission, and not withstanding the generality of the foregoing, an owner, tenant, or occupant who enters through the parking garage shall ensure that the door is fully closed before proceeding away from the door, d) not cause or permit a vehicle to leak oil, gas, or other fluids, and notwithstanding the generality of the foregoing, shall not cause a parking stall to become stained, and e) promptly and at its own expense clean up any oil or other substance, which spills or leaks onto the common property. 18

19 33.4 An invitee may park a vehicle in the outdoor parking area provided that; a) all overnight visitors must park in the outdoor parking area. Visitor parking permits must be displayed on the dash, right side up with numbers clearly visible, and b) park or permit any person to park a vehicle in the spaces designated for handicapped individuals, unless a handicapped sign is visibly displayed in the vehicle The Strata Corporation is not responsible for damage incurred to vehicles parked on the common property or underground parking lot An owner, tenant or occupant shall not; a) Use any parking space in the underground parking, except the parking space which has been specifically assigned to his/her strata lot, a parking space leased by the owner or, when specifically agreed with another owner, the parking space assigned to the strata lot of that other owner. 34 STORAGE, BICYCLES AND PARKING 34.1 Any owners, tenant or occupant that leaves any item anywhere on or in the common property or on any limited common property does so at his own risk, subject to any claim that may properly be made under any insurance policy maintained by the Strata Corporation by anyone that is an insured under that policy An owner, tenant, or occupant must use parking stalls only for the parking of licensed and insured motor vehicles, trailers, motorcycles or bicycles, and not for the parking of any other type of vehicle or the storage of any other item, unless otherwise approved in writing by the Council Speed in excess of 5 km/h in all parking area(s) is prohibited The use of vehicle horns in the parking area is prohibited, except when the horn is required to prevent a collision Parking is only permitted in a designated parking space and shall not reduce the width of an access driveway No recreational vehicle shall be stored on any common property for more than seven consecutive days Vehicles parked or stored in contravention of the Bylaws or Rules of the Strata Corporation will be towed after 24 hours notice at the owner s, resident s, tenant s or visitor s risk and expense A resident must store bicycles and tricycles in the basement bicycle storage area only A resident must not store any hazardous or flammable materials. 19

20 35 INSURANCE (Amended and added to at the Annual General Meeting held on July 6, 2010) (Amended and added to at the Annual General Meeting held on July 12, 2011) 35.1 Owners are responsible for providing adequate insurance for the use of outdoor barbecues. Owners will be held responsible for all claims resulting from the use of a barbecue Owners are responsible for providing adequate insurance for aquariums Residents must obtain contents insurance, betterments or improvement coverage, as well as water escape coverage for losses that may arise that fall within the owners responsibility All residents vehicles at Cotton Ridge must carry a minimum of $2,000, Third Party Liability Insurance, whether they are licensed or unlicensed All residents of "Cotton Ridge" must submit a copy of proof of their Personal and Third Party Liability Insurance Policies to the Strata Council annually at the Annual General Meeting. Personal information on the supplied proof may be blacked out The Strata Corporation must obtain and maintain property insurance as required by Section 149 of the Strata Property Act The Strata Corporation must obtain and maintain liability insurance and errors and omissions insurance as set out in Sections 150 and 151 of the Strata Property Act On the written request of an owner, the Corporation shall produce to him a copy of the insurance policy or policies and verification of the premium In the event that loss or damage occurs to Common Property or Limited Common Property or Common Facilities and gives rise to a valid claim under the Strata Corporation s insurance policy, it is agreed and understood that, if the origination of the loss is within the interior confines of an individual Strata Lot for which the owner is responsible, the Strata Corporation may sue the strata lot owner for the deductible of the Strata Corporation s policy relative to the loss, and such deductible shall be paid by the individual Strata Lot Owner in whose lot the cause of the damage originated The foregoing shall also apply if the careless, negligent or inattentive acts of a Strata Lot Owner or Occupant causes damage outside the Strata Lot and the origination of the loss is anywhere on the premises In the event that an Owner or Occupant or any member of their family or their guests, servants or agents causes damage to Common Property, Limited Common Property or Common Facilities, and the damage so caused gives rise to a valid claim under the Strata Corporation s insurance policy, the deductible of the Strata Corporation s policy relative to the loss shall be paid by the individual Strata Lot Owner. 20

21 35.12 In the event that an Owner or Occupant or any member of their family or their guests, servants or agents causes damage to Common Property, Limited Common Property or Common Facilities and the damage so caused is not covered under the insurance in place, the Strata Lot Owner shall be held responsible for such loss and promptly reimburse the Strata Corporation for the full costs of repair or replacement The only exception to the foregoing is where loss originates from the rupture or malfunction of a permanent public facility; supply line or sewer system that extends from Common Property into an individual unit, in which case the deductible of the Strata Corporation s insurance policy shall be the responsibility of the Strata Corporation. It is further agreed and understood that when any loss or damage originates from Common Property as defined in the Act and is not the responsibility of the Strata Lot Owner as previously defined, the deductible of the Strata Corporation s insurance policy shall then be the responsibility of the Strata Corporation Damage to personal property of a Strata Lot Owner or occupant, or their guests, servants or agents, or damage together with any upgrading, substituting, improvements or betterment to the unit that have been made or acquired by the present owner from those originally installed shall be the responsibility of the Strata Lot Owner. 36 INSURANCE CLAIMS (Added at the Annual General Meeting held on July 12, 2011) 36.1 An owner of a strata lot shall be deemed to be responsible for any loss or damage, however caused, to a strata lot, or to common property or assets, or to limited common property, which arises totally from within his/her strata lot, up to the amount of the insurance deductible on the insurance policy maintained by the strata corporation, and shall reimburse the strata corporation for the cost of repairing or remedying the loss or damage up to the amount of the deductible For the purpose of this Bylaw, any costs for which a strata lot owner is responsible shall be considered as an expense chargeable to the owner and shall be added to and become a part of the assessment of that owner for the month next following the date on which the expense was incurred and shall become due and payable on the date of payment of the monthly assessment An owner who fails to pay the cost of repair or remedying the loss or damage when due shall reimburse the strata corporation and save it harmless against any and all costs and expenses required to collect such reimbursement, whether by court action or other means and including council member or management costs associated with lost time from employment, strata management costs and legal costs, comprised of legal fees, taxes, disbursements and other related expenses, as between a solicitor and his own client or on a full indemnity basis. 37 USE OF PATIOS AND BALCONIES 37.1 An owner, tenant, occupant must not affix any indoor-outdoor carpeting on any deck, patio or balcony. 21

22 38 SELLING OF STRATA LOTS 38.1 An owner of a strata lot, when selling his strata lot, will not permit Realtor "For. Sale" signs to be placed on or about the common property. Owners are to inform Council of the listing agents contact information upon listing their unit An owner of a strata lot, when selling a strata lot, will not hold or permit to be held, any public open house except in the manner prescribed by the Council. One open house for agents will be allowed per listing. Unless the Council otherwise prescribes, all showings must be by appointment only. Owners and/or Realtors must secure and monitor the front door during an open house and must not compromise the security of the building. The time and date of the open house must be forwarded to Council in writing. 39 ACQUISITION OR DISPOSITION OF PERSONAL PROPERTY 39.1 The Strata Corporation may purchase, lease or otherwise acquire personal property for the use or benefit of the owners and may sell or otherwise dispose of such personal property for any amount approved in the annual budget for the Strata Corporation, but otherwise only if approved by a Resolution passed by a 3 /4 vote at an Annual or Special General Meeting if the personal property has a market value of more than $1, ALARMS 40.1 Management must be advised of any suite that is alarmed or monitored. Alarms must be silenced within 30 minutes. The Strata Corporation has the right to enter the suite after 30 minutes and silence or disable the alarm. 41 SECURITY 41.1 Only registered owners and residents are permitted to hold keys for exterior doors, unless otherwise approved by Council Owners will be held responsible for the cost of re-keying all common area doors locks, should all keys not be returned by their tenant and visitor No owner, tenant or visitor shall leave open, or unlocked any outside entrance or fire escape for the purpose of moving into or out of a strata lot or otherwise, unless they are in constant supervision of the entrance No owner, tenant or guest shall let another person, including tradesmen or deliverymen, into the building when entering or leaving, unless that person is known to them If you are called on your Enterphone, verify who is on the Enterphone, before admitting any visitor No owner, tenant, occupant or visitor is permitted in any part of the restricted common areas of the Strata Corporation, such as the roof, electrical rooms, mechanical rooms and locked rooms other than their own; except with express permission of the Strata Council. 22

23 41.7 Garage door openers are not to be left in owners', tenant's or occupant's vehicles. Owners who do so will be responsible for the cost associated with changing the security code in the event of a theft of a door opener. 42 DECORATION AND IMPROVEMENT 42.1 Except in connection with a common television antenna or cable system, no owner, tenant, or occupant shall, without the written consent of the Strata Corporation, erect or fasten a television antenna, satellite dish, or similar structure or appurtenance to any part of the Premises. 43 DAMAGE TO PROPERTY 43.1 No owner, tenant, occupant or invitee shall do anything or omit to do anything that causes damage to the Premises or to the Common Assets. 44 MOVING 44.1 A resident using the elevator during a move must ensure that the Elevator Service Key is used to control the elevator and the doors not jammed open in any manner A resident must ensure that all common areas are left damage free, clean and all hallways and lobby areas vacuumed immediately upon completion of the move Moves shall occur between the hours of 8:00 a.m. - 9:00 p.m. Monday to Friday and 9:00 a.m. - 9:00 p.m. Saturday and Sunday Moving residents shall ensure building security is not jeopardized during a move. Doors to the building shall not be left unattended at any time The owner of a Strata lot will be assessed a non-refundable move-in/move out charge at the commencement of the occupancy by the owner or each new occupant by a tenant. The amount of the move in charge will be determined by the Council and set out in the Rules of the Strata Corporation. The owner of a Strata lot will be assessed a refundable movein/move-out charge to cover any damage to common areas. The amount of the refundable move-in/move-out charge will be determined by the Council and set out in the Rules of the Strata Corporation Owners and residents must contact the designated Council Member, 5 days prior to moving in, to reserve an elevator and padding. This applies to moving in or out of the building or from one suite to another within the Strata Corporation. 45 CHILDREN AND SUPERVISION 45.1 Residents are responsible for the conduct of their 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 Parents or guardians are responsible for the conduct of children residing or visiting 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. 23