Strata Corp BCS Royal Avenue E. New Westminster V3L 5W5 RULES

Transcription

1 Strata Corp BCS Royal Avenue E. New Westminster V3L 5W5 RULES A. Use of Strata Lots 1. Owners/Occupants are responsible for the behaviour and control their children and children of their guests. Common property shall not be used as a play area. The common property includes but is not limited, to the amenities room, hallways, entrance way, stair, garage, bicycle room and gardens. 2. No yard or garage sales. 3. No noise or vibration shall be made in or about any Strata Lot or the common property which in the opinion of the Strata Council is a nuisance or unreasonably interferes with the use and enjoyment of any other Strata Lot by its occupants. Municipal Bylaws covering noise disturbances and public nuisance shall apply to all Owners, tenants or visitors. Further to the forgoing, quietness is to be observed after 11:00 pm and residents shall be held responsible for their guests. 4. Nothing shall be thrown out of any door, window, balcony or other part of any Strata Lot or out of the common property. 5. Strata Lot Owners, tenants and guests shall not cause any restrictions or hindrance to the used of sidewalks, driveways, entrances, exits or other parts of the common property. Bicycles, tricycles, children s toys or any other items are to be stored inside the Strata Lot. 6. An Owner shall not allow his Strata Lot and area designated for his/her exclusive use (patio, parking, balcony storage) to become untidy, unsightly or unsanitary. Rubbish, dust, garbage, boxes, parking cases, or the like shall not be thrown, piled, or stored on the Strata Lot or common property. The Strata Council shall be at liberty to remove rubbish and clean up the common property or the Strata Lot, with all costs incidental to such cleanup to be charged to the Strata Lot owner. 7. An Owner or occupier of a Strata Lot shall not deposit refuse or garbage on or about the common property. This refuse must be stored inside the Strata Lot until taken to the garbage container. Any material other that ordinary household refuse or garbage shall be removed from the property by the Owner at his/her cost and not deposited in the garbage container provided by the Strata Corporation. No gypsum board, furniture, appliances, electronic equipment, corrugated cardboard or newsprint is to be placed in the common garbage container. 8. Corrugated cardboard and newsprint are to be deposited into the recycle bin. 9. The Owner of a Strata Lot is responsible for the cleanliness of rented or leased units. 10. a. Rental and Leasing Restrictions No more than two (2) Lots, including those covered by the original disclosure statement for First Time Purchasers, may be rented or leased in Strata Plan BCS1676. If the number of Strata Lots rented or leased exceeds two (2), second, third, etc. time owners are not permitted to rent of lease.

2 A lease or tenancy agreement shall be not less than 6 months nor longer than 12 months. b. Administration of Limits An owner must receive written permission from the strata corporation before entering into a rental or lease agreement for their Lot. An owner who has a rental or lease agreement on his lot at the time the rules are implemented shall register this agreement with the Strata Corporation within 30 days of implementation. The registration shall contain: (a) The name of the tenant or occupant, address, telephone number, emergency contact, and motor vehicle license numbers, and the submission of Form K. (b) The date of expiration of the agreement c. Notice of cessation of occupancy An owner must notify the Strata Corporation within 30 days of the date on which the tenant or occupant ceases to occupy the Strata Lot. d. Enforcement The Strata Corporation will impose a fine of $500 per month for the violation of rule 10 a. B. Hazards 1. Everything shall be done to reduce fire hazards and nothing shall be brought into or stored on a Strata Lot, the common property, or storage areas, which will in any way increase or tend to increase the risk of fire, the rate of any insurance policy or which will invalidate any insurance policy held by the Strata Corporation or the Strata Lot Owners. 2. Waterbeds and aquariums are permitted in the Strata Lot, but the Strata Lot Owner shall be held responsible for damage to any Strata Lot or common property resulting for the use of said waterbeds or aquariums. 3. The installation of hot tubs shall be prohibited. 4. Only barbecues fuelled by propane or electricity may be used on common or limited common property. Residents using barbecues must have an approved fire extinguisher on balcony or patio. Barbecues must be situated away from the side of the building, so as not to cause a fire hazard or smoke damage to the side of the building. 5. No charcoal or wood fuelled appliances to be used on or near patios. 6. An Owner shall not store propane tanks in any common area, such as storage and/or parking spaces. Propane tanks are to be stored outside on balconies or patios only. 7. Only artificial Christmas trees shall be permitted on any Strata Lot. 8. Owners or residents shall not allow their Strata Lot to become unsanitary or create a health hazard and if so deemed by the Strata Council or the City Health department, the Strata Council shall take all necessary steps to render the Strata Lot sanitary or acceptable to the City Health Department. The cost of any such clean up shall be at the expense of the owner. 9. Nothing shall be hung on the outside of balcony railings.

3 C. Exterior appearance and alterations 1. No signs, fences, gates, billboards, placards, advertising or notices of any kind except a temporary notice to sell a Strata Lot shall be erected or displayed on the common property or that Strata Lot. 2. No owner or occupier of the Strata Lot may alter the finish or appearance of the fencing, railings, floors, walls or ceiling of the patios or balconies adjoining any Strata Lot. 3. No external air conditioners without written permission from the Strata Council. 4. No items shall be placed or stored anywhere on the common property without prior written permission from Strata Council, other than in the storage lockers allocated to the Strata Owner. 5. Any Owner or occupier of the Strata Lot must not install any window coverings, visible from the outside of the Strata Lot, which are different in size or colour from the original white retractable blinds of the original buildings specifications. Additional different coloured window coverings may be installed inside of the blinds or other white window covering, which ay than be closed to maintain a uniform outside appearance of the windows. 6. No satellite dishes are permitted on any Strata Lot. D. Pets, Animals 1. No live animals may be kept at any Strata Lot, other than the following: a. Fish (see rule B2) b. Up to two (2) caged birds c. One (1) cat or one (1) dog d. Caged hamsters or gerbils to a maximum of two in total e. No reptiles of any kind All First Time Purchasers from the Developer are grand fathered into this rule. 2. The Strata Council shall establish a register of pets existing in the building, identifying each pet that may be lawfully kept, its owner, and the Strata Lot in which the pet(s) reside. The owners of each pet shall cause his/her pet to be registered in the Strata Council register within fourteen (14) days of receipt of the pet. This is implemented to enable a possibility of rescuing the pet in case of fire or emergency. 3. Those Strata Lots which are not occupied by the person whose name appears as legal owner on that Strata Lot s State of Title Certificate as maintained under the Land Title Act, or which are leased to a tenant under a residential lease agreement, shall not have pets of any kind. 4. No animals or pets of any kind may be left unattended in a Strata Lot for a period exceeding twenty-four (24) hours. 5. Any Owner, who keeps a pet which proves to be a nuisance, whether on the Strata Lot or common property, will be ordered in writing by the Strata Council to control the pet and to eliminate the nuisance. In the event that the Owner fails to control the pet after the receipt of one warning, a second warning notice will be given by the Strata Council ordering the removal of the animal permanently from the Strata Lot. If the owner fails to comply within seven (7) days of receiving the

4 second written notice, he/she will be fined fifty dollars ($50.00) per week during which the offending pet continues to occupy the premises. 6. All pets inside the boundaries of the common property must be controlled as to prevent fouling of the common property. Any damage caused by the fouling of the common property will be repaired at the owner s expense. All excrement deposited on the common property by pets must be removed by the pet s owner. 7. No Strata Lot Owner or guest will permit a registered animal to travel or walk on any common area of the Strata Plan or within the boundaries of Victoria Hill unless controlled by a leash of six (6) feet or less. 8. Visitors and/or guests are not allowed to bring animals or pets of any kinds into a Strata Lot or the common property, other than those animals or pets as defined in rule D 1 a-f. E. Parking 1. Only vehicles with current registration and insurance in force shall be allowed in the parking areas. Each Strata Owner will provide the Strata Council with the license number of all vehicles for emergency purposes and insurance issues. All vehicles in the secured parking area within the underground parkade must have a Victoria Hill Parking Decal as provided by the Strata Council or its representatives. Residents with more than one parking stall must obtain a decal for each stall. The decal must be placed on the windshield behind the rear view mirror inside the vehicle. The onus is on the resident to ensure the decal is clearly visible from the outside. 2. Derelict or inoperative motor vehicles shall not be stored on common property. Violation of this rule may result in impoundment of the offending vehicle, with all costs incidental to such impoundment being the responsibility of the vehicle owner. 3. Occupants shall park their vehicle(s) only in spaces assigned to them in their purchase agreement, as the case may be. Violation of this rule may result in impoundment of the offending vehicle, with all costs incidental to such impoundment being the responsibility of the vehicle owner. 4. No one shall park, or leave unattended, or cause to be parked or left unattended, any vehicle in such a position that it interferes or infringes upon other parking spaces. Nor shall a vehicle be parked in any way that it blocks or infringes on access lanes, fire zones, or no parking zones. Violation of this rule may result in impoundment of the offending vehicle, with all costs incidental to such impoundment being the responsibility of the vehicle owner. 5. Vehicles may only be washed in the designated car wash area in a way not to cause a nuisance to neighbours. Persons washing vehicles must hose away all dirt. 6. Vehicles dripping oil, gasoline or any other vehicle fluids will be prohibited from parking until repaired. Owners of vehicles causing staining from such fluids shall, when notified by the Strata Council, clean up all areas affected. Failure to do so within seven (7) days of receipt of this notification shall result in the Strata Council cleaning and repairing the areas with all costs incidental to the cleanup to be charged to the vehicle owner. 7. All parking areas are common property and may not be altered or defaced in any way. 8. The maximum speed limit on all parking areas and driveways is ten (10) km per hour. 9. No propane tanks or propane powered vehicles permitted in parking area.

5 10. Guests or visitors are not allowed to park cars or other vehicles on any part of the common property, other than in designated visitor parking. These vehicles must display a visitor s pass. Violation of this rule may result in impoundment of the offending vehicle, with all costs incidental to such impoundment being the responsibility of the vehicle owner. Visitor parking stalls are for short term use only. Maximum length of visitor parking is 5 days, regardless of whether the visitor's vehicle has been moved during that time. Owners requiring an extended visitor parking pass for visitors staying longer than the 5 day maximum, must contact the head of the Security Committee or a Council Member through the Victoria Hill Website at No major repairs or adjustments to automobiles shall be carried out on the common property. This restriction applies to but is not limited to, oil changes, coolant changes and transmission services. 12. Failure to comply with these rules will result in the vehicle being towed at the violator's expense. F. Damages to property, insurance deductible charge back 1. The Strata Corporation shall not be financially responsible to an Owner for any loss, damage or expense to the Owner caused by an overflow or leakage of water arising from any adjoining Strata Lot where such leakage or overflow results from the wrongful act of any other owner. 2. In the event of emergency occurring in a Strata Lot whose occupant cannot be contacted, access for protection of the common property or safety shall be gained by force by the Owner s expense. 3. An owner shall not cause damage to trees, plants, bushed flowers or lawns and shall not place chairs, tables or other objects on the lawns and grounds so as to damage them or to prevent growth or interfere with the cutting of the lawns or the maintenance of the ground generally. 4. Owners are responsible for any damage to any Strata Corporation property, which has been caused by them, their families, guests, residents or agents. 5. An owner shall indemnify and save harmless the Strata Corporation from the expense of any maintenance, repair of Strata Lot or the contents thereof caused by or resulting from acts, omissions, negligence or carelessness, by the owner, resident or by any member of the owner s family or their guest, employees, contractors, agents, tenants or volunteers, but only to the extent that such expense is not met by the proceeds received from any applicable insurance policy and the application of any direction of payment caused to be made by The Insurance Bureau of Canada and its publications or the Strata Properties Act of British Columbia. 6. For the purpose of this rule any insurance deductible paid or payable by the application of the Strata Corporation s insurance policy, for damage caused by an owner, resident or by any member of the owner s family or their guest, employees, contractors, agents, tenants or volunteers, shall be added to and form part of that owner s monthly maintenance fees in the month following the date on which the expense was incurred. G. Use of common property Recreational Facilities 1. The use of any recreational facility is subject to rules and regulations that will be established by the Strata Council from time to time.

6 2. Any damage caused to the recreation equipment/facilities by an owner or their tenants or their guests shall be repaired by the Strata Corporation and charged to the Strata Lot Owner. 3. The Strata Council may, at its discretion, grant exclusive use of any recreational facility to any Owner or Occupant in the building pursuant to rules, regulations and fee schedules that will be established by the Strata Council from time to time. 4. Violation of the rules and times for use of the recreational facilities may result in restrictions of future use by the violators. 5. A $ damage deposit will be required of any Owner who wished to reserve a recreational facility for a private party or function. The deposit will be returned upon verification of the undamaged condition of the facility and return of keys. Elevators 6. It is the responsibility of the owner to ensure that all moves in or out by the owner or resident conform to the regulations as established by the Strata Council from time to time. Owners shall pay the cost of repairing any damage caused to the common property incurred when moving either in or out, or when moving pieces of furniture or other heavy objects into or out of a unit. a. To prevent damage to the elevators, safety blankets will be installed by the building manager or designate. The building manager requires at least 7 days advance notice. The fee for placing the safety blankets is $50 for each occurrence, except for moving in, where the fee is $100 as per the Strata Bylaws, Section 39 (1). 7. Our elevators are equipped with a telephone and an alarm button, which are to be used in emergencies only. When these buttons are pressed, an operator responds. If there is no answer to their request, the Elevator Monitoring Service is mandated by law to investigate the call, which means a Technician is dispatched to the building to check on the Emergency call. If this is deemed a false alarm we are charged for the call out, and in turn Strata will hold the owner who abused the system responsible for the charge, and they shall also be subject to a fine. 8. The elevator wall protection pads shall be used moving furniture or large objects in the elevator. 9. Elevator must be reserved with the Strata Council for moves in or out. Exclusive use will be limited to three (3) hours at a time. Other Common Property 10. No Owner shall be permitted to make any alteration to any part of the common property. 11. No Owner shall go on, or otherwise use, or permit any person to go on any roof. 12. No Owner shall remove or be permitted to remove any of the trees, plants or shrubs. 13. Patio and balcony areas allocated for the exclusive use of Owners shall not be used for storage of any items or materials such as freezers, work benches, cardboard cartons, bicycles, household appliances, garbage or other refuse. 14. Christmas lights and decorations are permitted during the period of December 1st through January 5th only.

7 H. Security 1. Each owner shall keep the plumbing and water system and the sewers and drains, which service the building, on his/her Strata Lot, as well as the Strata Lots of other Owners, open and free from obstruction. Any damage to any of the aforesaid caused by the wrongful act or neglect of any owner or his guest shall be repaired at the expense of such owner. 2. An owner shall immediately report and ensure that a tenant reports, any sign of water leakage into his/her Strata Lot and make arrangements satisfactory to the Strata Council for access to the Strata Lot for inspection and repair. 3. If an owner or tenant is absent for any period during the winter months, a measure of heat must be maintained in the Strata Lot to prevent the possibility of water pipes freezing. Thermostat should not be set less than 15 degrees Celsius. 4. No owner/occupant of their guest shall leave open or unlocked any outside door unless they are in constant supervision of that door. 5. Owners and residents are responsible for anyone they admit onto or about the common property, inclusive of agents, servants, licensees or invitees. 6. No owner, resident or their guest shall let another person into the building by way of the intercom or when entering the building themselves, unless that person is known personally to them. The rule applies particularly to persons claiming to be trades persons or delivery persons, since there is no reason for them to be entering the building unless the person they are calling upon is at home. 7. In the event that a FOB is either lost or stolen, the person losing the FOB shall immediately report the loss to a member of the Strata Council, Management Company or Developer as the case may be. 8. Owners and residents shall immediately report to the police or a member of the Strata Council any suspicious person(s) they see in or around the strata property. 9. Owners and residents shall not duplicate any common area key. Duplicate keys may only be obtained through the Strata Council. 10. No lockboxes, either attached to part of the building or freely placed, are permitted. This applies to real estate lockboxes as well as lockboxes from service organizations. Any such lockboxes that are found will be removed. I. Rules Pertaining to Strata Council 1. Should a member of the Strata Council resign or sell their unit prior to the end of their term in office, then the Strata Council may appoint a Strata Lot owner to sit on the Strata Council. The newly appointed council member shall hold office as a regular voting council member until the next annual general meeting. 2. The Strata Council shall meet when any member gives the other members not less that seven (7) days notice of a proposed meeting, specifying the reason for calling the meeting, unless the other members agree to waive the notice. 3. Official communications to the Strata Council shall be in writing, signed by the owner and directed to the Chairperson or Vice-Chairperson of the strata.

8 4. The Strata Council may join any organization which may serve to promote the interests or benefits the Strata Council. The Strata Council may, at any time, hire and direct a management company to conduct the daily administration and management of the Strata Corporation. 5. Without limiting the authority given to the Strata Council under the provisions the Strata Properties Act. The Strata Council shall, from time to time, make rules and regulations it considers necessary or desirable in relation to the administration, used, enjoyment, safety and cleanliness of the common property, common facilities or other assets of the Strata Corporation. 6. Do all things necessary for the enforcement of the bylaws, rules and regulations of the Strata Corporation, for the control, management and administration of the common property, common facilities or other assets of the Strata Corporation, generally, including, but not limited to, removing privileges in the use of common property, equipment and facilities. 7. Assess and collect fines levied by the Strata Council against owners in contravention of the bylaws, rules or regulations of the Strata Corporation. Fines are fifty dollars ($50.00) per infraction unless otherwise noted. 8. Any Monthly Strata Fee which is returned NSF shall be charged a fifty dollar ($50.00) NSF fee. 9. The Strata Corporation may recover from an owner by an action for debt in a court of competent jurisdiction money which the Strata Corporation is required to expend as a result of an act or omission by the owner, resident, their employees, agents, invitees, licensees or tenants, or an infraction or violation of the bylaws or any rules or regulations established under them. Revision History E-10 Revised and Ratified at A.G.M. March 4,2007 A-10.a, A-10.b, B-4, C-3, D-1, G-6&7, Revised and Ratified at A.G.M. March 10,2010 A-10.a, A-10.d Revised and Ratified at A.G.M. March 16, 2011 G-6, G-6.a and H-10 revised by Strata Council, August 28, 2014