STRATA PLAN BCS 3925 DOLCE AT SYMPHONY PLACE BYLAWS BYLAW

Transcription

1 STRATA PLAN BCS 3925 DOLCE AT SYMPHONY PLACE BYLAWS BYLAW

2 STRATA PLAN BCS 3925 DOLCE AT THE SYMPHONY BYLAWS Amendments: Registration: March 9, 2012 BB Registration: March 21, 2014 CA Registration: July 31, 2014 CA Registration: March 2, 2015 CA Registration: Reg. Date Reg. # Registration: Reg. Date Reg. #

3 TABLE OF CONTENTS DIVISION 1 DUTIES OF OWNERS, TENANTS, OCCUPANTS AND VISITORS... 1 DIVISION 2 POWERS AND DUTIES OF STRATA CORPORATION... 8 DIVISION 3 COUNCIL... 9 DIVISION 4 ENFORCEMENT OF BYLAWS AND RULES DIVISION 5 ANNUAL AND SPECIAL GENERAL MEETINGS DIVISION 6 VOLUNTARY DISPUTE RESOLUTION DIVISION 7 MARKETING ACTIVITIES BY OWNER DEVELOPER DIVISION 8 RESALE OF STRATA LOTS DIVISION 9 MOVING AND RENTALS DIVISION 10 LIVE/WORK LOTS DIVISION 11 PARKING DIVISION 12 AMENITIES DIVISION 13 GENERAL AND MISCELLANEOUS... 22

4 DOLCE AT SYMPHONY PLACE SCHEDULE OF STANDARD BYLAWS 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. 1.2 If an owner is late in paying his or her strata fees, the owner must pay to the Strata Corporation interest on the late payment in the amount of 10% per annum, compounded annually, and calculated on a monthly basis commencing from the date the payment was due and continuing until the last day of the month in which it is paid. 1.3 In addition to interest, failure to pay strata fees on the due date will result in a fine of $50.00 for each contravention of bylaw When arrears of strata fees exceed three monthly payments a lien will be placed by the strata corporation on the strata lot involved at the owner s expense for the total monies due, including all legal and other expenses. 1.5 A special levy is due and payable on the date or dates noted in the resolution authorizing the special levy. 1.6 Failure to pay a special levy on the due date will result in a fine of $50.00 for each contravention of bylaw 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. 3. Use of Property 3.1 A resident or visitor must not, without the express written consent of the strata corporation, enter any portion of the common property allocated for use in the connection with installing, placing, maintaining, and storing a satellite dish, nor touch or disturb a satellite dish within such portion of the common property. A resident or owner may not install a satellite dish on any patio or balcony or window or on any other common or limited common property. Bylaws Revised February 24, 2015 Page 1

5 3.2 An owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that; (d) (e) Causes a nuisance or hazard to another person, Causes unreasonable noise, Unreasonably interferes with the rights of the other persons to use and enjoy the common property, common assets or another strata lot, Is illegal, or 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 3.3 An owner shall not: (d) (e) (f) (g) Use his strata lot for any purpose which may be injurious to the reputation of the building, Make undue noise in or about any strata lot or common property; Use any musical instrument, sound reproduction system or other device within a strata lot, which in the opinion of the strata corporation causes a disturbance or interferes with the comfort of other owners; Make or cause to be made any structural alteration to his strata lot, or paint, decorate, or add to or remove any structure from the exterior of the building or the strata lot or add to or alter the wiring, plumbing, piping, or other services on his strata lot, or within any bearing or party wall or the common property without first obtaining the written consent of the Strata Council; Install any lock on any door leading to or in the strata lot without first obtaining the express written consent of the strata council; Store or operate a barbeque, grill, or other cooking device on the balcony or deck of a strata lot or limited common property except for a gas or propane barbecue located no closer than 30 cm. from the exterior all of the building; and Dispose of or pour any liquids, cigarettes, cigarette butts or other garbage or refuse from the balcony or deck of a strata lot or limited common property. 3.4 An owner shall indemnify and save harmless the strata corporation from the expense of any maintenance, repair or replacement rendered necessary to the common property, limited common property, common assets or to any strata lot by the owner s act, omission, negligence or carelessness or by that of an owner s visitors, occupants, guests, employees, agents, tenants or a member or the owner s family, but only to the extent that such expense is not reimbursed from the proceeds received by operation of any insurance policy. In such Bylaws Revised February 24, 2015 Page 2

6 circumstances, and for the purpose of bylaws 3.1, 3.3 and any insurance deductible paid or payable by the strata corporation shall be considered an expense not covered by the proceeds received by the strata corporation as insurance coverage and will be charged to the owner 3.5 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. 3.6 Fire hazards must be minimized. No item shall be brought onto or stored in a strata lot, the common property, the limited common property or land that is a common asset which will in any way increase or tend to increase the risk of fire or rate of fire insurance or any other insurance policy held by the strata corporation, or which will invalidate any insurance policy. 3.7 No material substances, especially burning material such as cigarettes or matches, shall be permitted to be discharged from any window, door, patio or other part of the strata lot, the common property, the limited common property or land that is a common asset. 4. No Lodging and Other uses of Strata Lot 4.1 An owner, tenant or occupant must not use a strata lot for: Commercial purposes such as a hotel, lodging house, vacation rental, time share or bed and breakfast; Short term lodging of an employee of the owner, tenant, or occupant, unless the employee is a live- in nanny, housekeeper, or caregiver. For the purposes of this rule, "short term lodging" means a stay of 30 consecutive days or less in the strata lot." 5. Pet and Animals 5.1 A resident or visitor must not keep any pets on a strata lot or common property or on land that is a common asset except in accordance with these bylaws. 5.2 A resident or visitor must ensure that all animals are leashed or otherwise secured when on the common property or on land that is a common asset, including but not limited to the parkade, hallways, stairways, and lobbies 5.3 A resident must not keep a pet on a strata lot other than one or more of the following: (d) a reasonable number of fish or other small aquarium animals; a reasonable number of small caged animals; up to 2 caged birds; two dogs; or two cats; or one dog and one cat. Bylaws Revised February 24, 2015 Page 3

7 5.4 A resident must not harbour exotic pets including not exhaustively, snakes, reptiles, spiders or large members of the cat family. 5.5 Owners are prohibited from having a vicious dog in any strata lot or on any part of the common property, limited common property, or land that is a common asset. A vicious dog is defined as: (d) Any dog that has killed or injured any person or another animal any dog with a known propensity, tendency, or disposition to attack without provocation other domestic animals or humans; any dog which has bitten another domestic animal or human without provocation, or a Pit Bull Terrier, American Pit Bull Terrier, Pit bull, Staffordshire Bull Terrier, American Staffordshire Terrier or any dog of mixed breeding which includes any of the aforementioned breeds. 5.6 A resident or visitor must not permit a loose or unleashed pet (leashes cannot exceed six feet in length) at any time on the common property or on land that is a common asset. A pet that is found loose on the common property or land that is a common asset shall be delivered to the municipal pound at the cost of the strata lot owner. 5.7 A pet owner must ensure that a pet is kept quiet, controlled and clean. Any excrement on common property or on land that is a common asset must be immediately disposed of by the pet owner. 5.8 A strata lot owner must assume all liability for all actions by a pet, regardless of whether the owner had knowledge, notice or forewarning of the likelihood of such action. 5.9 No pets are allowed on the 5th floor terraces 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 bird feeders of any kind are permitted to be kept on balconies, strata lots, common property, limited common property or land that is a common asset A resident must not keep any animals on the strata lot or the common property after notice not to do so from the Strata Council A resident who contravenes any of the bylaws 5.1 to 5.11 (inclusive) will be subject to a $200 fine, assessed every month until the contravention is remedied. Bylaws Revised February 24, 2015 Page 4

8 6. Inform strata corporation 6.1 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. 6.2 On request by the strata corporation, a tenant must inform the strata corporation of his or her name. 7. Obtain approval before altering a strata lot 7.1 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: (d) (e) (f) (g) (h) the structure of a building; the exterior of a building; chimneys, stairs, balconies or other things attached to the exterior of a building; doors, windows or skylights on the exterior of a building, or that front on the common property fences, railings or similar structures that enclose a patio, balcony or yard; common property located within the boundaries of a strata lot; those parts of the strata lot which the strata corporation must insure under section 149 of the Act; wiring, plumbing, piping, heating, air conditioning and other services. 7.2 Without limiting the generality of the bylaw 7.1, a resident shall not make or cause to be made any structural alteration to a strata lot, or paint, decorate or add to or remove any structure from the exterior of the building or the exterior of a strata lot including, without limitation, sunscreens or greenhouses, or add to or alter the wiring, plumbing, piping or other services on a strata lot within any bearing or party wall or the common property without first obtaining the written consent of the strata corporation. 7.3 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 and expenses relating to the alteration and to indemnify and hold harmless the strata corporation for any future costs in connection with the alteration. 7.4 The strata corporation must not unreasonably withhold its approval under subsection (1), but may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration. 7.5 This section does not apply to a strata lot in a bare land strata plan. Bylaws Revised February 24, 2015 Page 5

9 8. Obtain approval before altering common property 8.1 An owner must not perform or authorize an alteration to the common property, limited common property or common assets. 8.2 An owner who alters common property, limited common property or common assets, must restore, at the owner s sole expense, the common property, limited common property or common assets, as the case may be, to its condition prior to the alteration. If the owner refuses or neglects to restore the alteration to its original condition, the strata corporation may conduct the restoration, at the expense of the owner who altered the common property, limited common property or common assets. The cost of such alteration shall be added to and become part of the strata fees of that owner for the month next following the date on which the cost was incurred and will become due and payable on the due date of payment of monthly strata fees. 8.3 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. 8.4 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. 9. Renovations and Alterations 9.1 An owner must give the council two working days prior notice of the scheduled arrival of tradespersons or delivery of materials. Tradespersons must be licensed and bonded. Inadequate notice or work by unlicensed or unbonded tradespersons will result in the levy of fines. 9.2 A resident must not permit any construction debris, materials or packaging to be deposited in the strata corporation s disposal containers. 9.3 A resident 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 and floor coverings by arrangement with the Property Manager or onsite staff. A resident must not permit any renovations/alterations materials to be delivered through the main lobby. 9.4 A resident must be responsible to ensure: drop cloths are installed and removed daily between the elevators and the strata lot as well as between other doors to protect the common areas from any spillage or dripping; and stairs, lobbies and paths through the parking areas are regularly cleaned (and vacuumed at the request of council)and the residential corridor thoroughly vacuumed daily. Bylaws Revised February 24, 2015 Page 6

10 9.5 An owner must ensure that the hours of work are restricted to 8:00 am to 5:00 pm, Monday through Friday, and 10:00 am to 4:00 pm, Saturdays, Sundays and statutory holidays. To perform renovations/alterations on statutory holidays, an owner must apply for permission in writing to the council at least five business days before the holiday date. 9.6 An owner in contravention of bylaws 9.1 to 9.5 (inclusive) shall be subject to a fine of $ for each contravention, as well as be responsible for any clean up or repair costs. 9.7 A resident must be in attendance for all significant renovations/alterations. The determination of significant shall be at the discretion of Council. 9.8 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. 9.9 An owner will not enclose, or otherwise add to or alter the construction or, in whole or in part, any balcony within the building. 10. Hardwood Floors 10.1 An owner who wishes to install hard floor surfaces such as hardwood floors or tile in a strata lot must obtain the written approval of the Strata Council before installation. In considering whether or not to approve such installation, the Strata Council may require such owner to submit an acoustical report An owner of a strata lot who has or installs hard floor surfaces such as hardwood floors or tile in a strata lot must take all reasonable steps to satisfy noise complaints from neighbors, including without limitation, ensuring that no less than 60% of such hard floor surfaces, excepting only kitchens, bathrooms and entry areas, are covered with area rugs or carpet and avoiding walking on such flooring with hard soled shoes and dragging furniture or other heavy objects across such floor surfaces Owners with hard surface floors must fit chair legs with felt pads Owners with hard surface floors must avoid activities that will cause unnecessary noise such as, bouncing balls, dancing and stomping of feet Owners with hardwood surface floors must separate any noise inducing equipment from the floor with adequate cushioning. 11. Permit entry to strata lot 11.1 An owner, tenant, occupant or visitor must allow a person authorized by the Strata Corporation to enter the strata lot: in an emergency, without notice, to prevent property damage to the common property or another strata lot or those portions of a strata lot that are the responsibility of the Strata Corporation under these bylaws; and Bylaws Revised February 24, 2015 Page 7

11 at a reasonable time, on a minimum of twenty-four (24) hours written notice: (i) (ii) to inspect, maintain or repair common property or common assets; or to ensure the Strata Property Act (British Columbia), as amended or replaced, and these bylaws are being complied with The notice referred to in Bylaw 10(1) must include the date, the approximate time of entry and the reason for the entry If the authorization cannot be obtained then the person authorized by the Strata Corporation to enter the strata lot may do so by using reasonable force on the locking devices, and the replacement of the locking device and any resulting damage to the door and door frame will be at the expense of the strata lot owner. DIVISION 2 POWERS AND DUTIES OF STRATA CORPORATION 12. Repair and maintenance of property by strata corporation 12.1 The strata corporation must repair and maintain all of the following: common assets of the strata corporation; common property that has not been designated as limited common property; limited common property, but the duty to repair and maintain it is restricted to (i) (ii) repair and maintenance that in the ordinary course of events occurs less often than once a year, and the following, no matter how often the repair or maintenance ordinarily occurs: (d) (e) the structure of a building; 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; fences, railings and similar structures that enclose patios, balconies and yards; (iii) 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 the structure of a building, the exterior of a building, Bylaws Revised February 24, 2015 Page 8

12 (d) (e) 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 fences, railings and similar structures that enclose patios, balconies and yards. DIVISION 3 COUNCIL 13. Council size 13.1 Subject to subsection (2), the council must have at least 3 and not more than 7 members 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. 14. Council member in default 14.1 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 reelection No person may be elected to Council or continue to be on Council if the Strata Corporation is entitled to register a lien under the Act against a strata lot in which that person has an interest. 15. Removing council member 15.1 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. 16. Replacing council member 16.1 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. Bylaws Revised February 24, 2015 Page 9

13 16.3 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. 17. Officers 17.1 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 while the president is absent or is unwilling or unable to act, or for the remainder of the president's term if the president ceases to hold office 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. 18. Calling council meetings 18.1 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 all council members consent in advance of the meeting, or the meeting is required to deal with an emergency situation, and all council members either (i) (ii) consent in advance of the meeting, or 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. 19. Repealed 19.1 [Repealed ] 20. Quorum of council Bylaws Revised February 24, 2015 Page 10

14 20.1 A quorum of the council is (d) 1, if the council consists of one member, 2, if the council consists of 2, 3 or 4 members, 3, if the council consists of 5 or 6 members, and 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. 21. Council meetings 21.1 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 (3), no observers may attend those portions of council meetings that deal with any of the following: bylaw contravention hearings under section 135 of the Act; rental restriction bylaw exemption hearings under section 144 of the Act; any other matters if the presence of observers would, in the council's opinion, unreasonably interfere with an individual's privacy. 22. Voting at council meetings 22.1 At council meetings, decisions must be made by a majority of council members present in person at the meeting Unless there are only 2 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. 23. Council to inform owners of minutes 23.1 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. Bylaws Revised February 24, 2015 Page 11

15 24. Delegation of council's powers and duties 24.1 Subject to subsections (2) to (4), the council may delegate some or all of its powers and duties to one or more council members or persons who are not members of the council, and may revoke the delegation The council may delegate its spending powers or duties, but only by a resolution that delegates the authority to make an expenditure of a specific amount for a specific purpose, or delegates the general authority to make expenditures in accordance with subsection (3) A delegation of a general authority to make expenditures must set a maximum amount that may be spent, and 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, whether a person has contravened a bylaw or rule, whether a person should be fined, and the amount of the fine, or whether a person should be denied access to a recreational facility. 25. Spending restrictions 25.1 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 (1), a council member may spend the strata corporation's money to repair or replace common property or common assets if the repair or replacement is immediately required to ensure safety or prevent significant loss or damage. 26. Limitation on liability of council member 26.1 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 (1) does not affect a council member's liability, as an owner, for a judgment against the strata corporation. Bylaws Revised February 24, 2015 Page 12

16 DIVISION 4 ENFORCEMENT OF BYLAWS AND RULES 27. Maximum fine 27.1 The Strata Corporation may fine an owner or tenant a maximum of: $200 for each contravention of a bylaw; and $50 for each contravention of a rule The Strata Corporation may impose a fine on an owner or tenant for a continuing contravention of a bylaw or rule every 7 days Additional assessments, fines authorized by these bylaws, banking charges, filing costs, expenses, interest charges and any other expenses incurred by either the Strata Corporation to enforce these bylaws, as they may be amended from time to time, or any rule which may be established from time to time by the Council pursuant to the Act or these bylaws, shall become part of the assessment of the owner responsible and shall become due and payable on the first day of the month next following, except that any amount owing in respect of a fine or the cost of remedying the contravention of a bylaw will be calculated as a separate component of such assessment and the Strata Corporation may not register a lien against such separate component. 28. Continuing contravention 28.1 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. DIVISION 5 ANNUAL AND SPECIAL GENERAL MEETINGS 29. Quorum of meeting 29.1 A quorum at an annual or special general meeting of the strata corporation is eligible voters holding at least one third (1/3) of the strata corporation votes, present in person or by proxy If within 1/2 hour from the time appointed for an annual or special general meeting, a quorum is not present, the eligible voters present in person or by proxy constitute a quorum. This bylaw 28.2 is an alternative to section 48(3) of the Act. This bylaw does not apply to a meeting demanded pursuant to section 43 of the Act, and failure to obtain a quorum for a meeting demanded pursuant to section 43 terminates, and does not adjourn, that meeting. 30. Person to chair meeting 30.1 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. Bylaws Revised February 24, 2015 Page 13

17 30.3 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. 31. Participation by other than eligible voters 31.1 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. 32. Voting 32.1 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 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 An owner may not exercise the owner s vote in respect of the owner s strata lot if the Strata Corporation is entitled to register a lien under the Act against that owner s strata lot, except on matters requiring a unanimous vote. 33. Order of business 33.1 The order of business at annual and special general meetings is as follows: (d) certify proxies and corporate representatives and issue voting cards; determine that there is a quorum; elect a person to chair the meeting, if necessary; present to the meeting proof of notice of meeting or waiver of notice; Bylaws Revised February 24, 2015 Page 14

18 (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) approve the agenda; approve minutes from the last annual or special general meeting; deal with unfinished business; 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; ratify any new rules made by the strata corporation under section 125 of the Act; report on insurance coverage in accordance with section 154 of the Act, if the meeting is an annual general meeting; approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an annual general meeting; deal with new business, including any matters about which notice has been given under section 45 of the Act; elect a council, if the meeting is an annual general meeting; terminate the meeting. DIVISION 6 VOLUNTARY DISPUTE RESOLUTION 34. Voluntary dispute resolution 34.1 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 all the parties to the dispute consent, and the dispute involves the Act, the regulations, the bylaws or the rules A dispute resolution committee consists of 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 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. DIVISION 7 MARKETING ACTIVITIES BY OWNER DEVELOPER 35. Promotion Bylaws Revised February 24, 2015 Page 15

19 35.1 During the time that the owner developer of the Strata Corporation is the owner or lessee of any units, it shall have the right to maintain any unit or units, whether owned or leased by it, as a display unit or sales centre and to carry on marketing, sales or leasing functions within such units in order to enable it to sell or lease the units As may be reasonably determined by the owner developer in order to enable or assist it in marketing or selling any strata lot within the development or other developments by the owner developer or a party related to or affiliated with the owner developer, it may use any area of the common property to conduct the marketing, sale or lease of such strata lots (including by way of hosting promotional events) for up to 48 months after the date of first occupancy of any strata lot within the development; and have access to any and all parts of the common property and common facilities for the purpose of showing units, the common property and the common facilities to prospective purchasers and their representatives for as long as the owner developer considers necessary in order to market or sell any such strata lots. DIVISION 8 RESALE OF STRATA LOTS 36. For sale signage 36.1 Signs advertising the sale, lease or open house of a strata lot must only be displayed on the common post, directory board or directory tree, if any, supplied by the Strata Corporation and may not be displayed in the windows or on the balcony of a strata lot or any common property including lobby windows and doors. 37. Open Houses 37.1 Realtors holding open houses or doing showings may not at any time buzz visitors into the building. They must meet all visitors at the lobby entrance and escort them in and out of the respective suite(s). DIVISION 9 MOVING AND RENTALS 38. Leasing Requirements 38.1 An owner must: provide the Strata Corporation with a true and complete copy of every written tenancy agreement (as defined in the Residential Tenancy Act (British Columbia) as amended or replaced); and cause the tenant to execute a Form K - Notice of Tenant s Responsibilities as provided in the Strata Properly Act (British Columbia), as amended or replaced, prior to his or her occupation of the strata lot and provide the Strata Corporation with a copy thereof. An owner must provide a copy of these bylaws to each new tenant. Bylaws Revised February 24, 2015 Page 16

20 39. Restriction of Rentals 39.1 The Strata Corporation may not prohibit or restrict the rental of any strata lot during the five (5) year period immediately following the deposit of the strata plan which creates the strata lot. 40. Move in Procedures 40.1 Owners are required to contact the building security and/or janitorial company to arrange for a move. Staff will arrange to lock off the elevator, hang the protective coverings, open the second door and monitor the move Owners are required to give the building caretaker a minimum of one week notice of a move. If this does not occur and an owner gives less than one week notice, or does not give notice, the owner is subject to a $ fine There will be a $ move in fee payable to the Strata Corporation care of FirstService Residential and also a security deposit of $250.00, refundable if no damages were done to the common area. This fee will be used towards repairing any damage caused by the moves. Any damage to the front lobby or passageways in excess of the $ damage deposit will be assessed to the strata lot and/or billed to the owner responsible An owner must conform and ensure that any tenants conform to the Move In and Move Out bylaws. When selling a strata lot, owners must make the new incoming owners aware of the bylaws regarding Moves in and/or out bylaw 40.3 pertaining to a $ moving fee. Failure to do so will result in a $ fine The hours available for moves are between 8:00 a.m. and 4:00 p.m. Monday to Sunday. The time slots available for booking are from 8 am to 12pm and 12pm to 4 pm. Any owners that wish to move outside of these hours will be subject to a $100.00/ hour charge. This charge is the Strata Corporation s cost to have a staff member onsite during the afterhours time. This fee will be payable to the Strata Corporation 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. Any expenses incurred by the Strata Corporation to repair any such damage will be charged to the strata lot owner Residents are directly responsible for moving personnel and/or friends/relatives who are assisting with their move. All must adhere to the Bylaws and Rules of the Strata Corporation A resident must ensure that the lobby doors are not left open, ajar or unattended and that furniture is not left piled in the lobby area. Any violations may result in fines to the resident All unscheduled moves will be subject to a $ fine as well as any costs associated with restarting the elevator. Bylaws Revised February 24, 2015 Page 17

21 DIVISION 10 LIVE/WORK LOTS 41. Use of Strata Lots 41.1 The owners of Strata Lots 1-5 (the Live/Work Lots ) are entitled to use the office component of the Live/Work Lots as an office for any lawful businesses in that strata lot, other than as Financial Institutions, Health Care Offices and Health Enhancement Centres, as such uses are defined under the City of Vancouver s Zoning and Development Bylaw, as amended or replaced from time to time, at all hours and on all days subject only to compliance with all applicable laws, rules and regulation of all governments and governmental authorities The Strata Corporation must not interfere with or prevent any business permitted in Bylaw 39(1) from being conducted in the office component of the Live/Work Lots. No bylaw, rule or regulation will be passed by the Strata Corporation which directly or indirectly unreasonably interferes with or prevents an owner or occupant of a Live/Work Lot from carrying on a lawful business in accordance with Bylaw 39(1). 42. Signage Guidelines 42.1 The owner of any Live/Work Lot may affix signage/office identity adjacent to or on the front entrance door of such strata lot provided that such signage/office identity conforms to the following specifications: (d) (e) (f) signage shall be limited in size to a maximum of 12 inches in width and 8 inches in height; signage shall be placed at a location at the Live/Work Lot specified by the architect for the development; no electrical back-lighting, neon or other similar illumination shall be incorporated; no window applied graphics is permitted; only one sign per strata lot is permitted; and all signs must meet City of Vancouver approval and are subject to the Bylaws of the Strata Corporation. 43. Improvement Guidelines 43.1 The owner of any Live/Work Lot must comply with the following requirements in connection with work, construction, alteration and renovation in and to the interior of its strata lot: any changes or additions to the structure or the systems employed in the building necessitated by the owner s work must be approved by the Strata Council, such approval not to be unreasonably withheld, and be designed and performed by a professional architect or engineer at the owner s expense. In addition, the owner Bylaws Revised February 24, 2015 Page 18

22 must employ a professional architect or engineer to handle the electrical and mechanical design distribution within the strata lot at the owner s expense; (d) (e) (f) (g) the owner is solely responsible for preparation of all preliminary design plans, detail plans (working drawings) and specifications relating to completion of the office component of the Live/Work Lots for occupation by the owner, the calling of tenders and letting of contracts relating to the owner s work and the supervision and completion of the owner s work; the owner is solely responsible for obtaining all necessary approvals and permits for its work from the appropriate municipal authority and all other authorities having jurisdiction, and the owner must submit evidence of these approvals to the Strata Council before commencing work. The owner is responsible for payment of all fees and charges incurred in obtaining said approvals and for obtaining an occupancy permit prior to occupation; the owner will ensure that all the provisions and conditions contained or imposed in this Bylaw 41 are observed and performed by all designers, contractors and trades engaged by the owner; the owner will engage professional designers, consultants, contractors and subcontractors or trades. The owner will enter into its own contractual agreements with the contractor and/or subcontractors. The owner shall ensure that the contractor and/or subcontractors carry the necessary insurance and have taken out the necessary permits, and shall indemnify the Strata Corporation for any loss, cost or damage suffered by it if they fail to do so. The owner s contractors and/or subcontractors are to ensure that their work conforms to the criteria of the overall base building standards; the owner will indemnify the Strata Corporation from any and all claims arising out of work done by the owner or its contractors and the owner will promptly remove any liens filed against title to the common property in connection with its work; and; the owner will cause all of its work to be done in a good and workmanlike manner and in accordance with any approvals issued by the Strata Council pursuant to this Bylaw 41. DIVISION 11 PARKING Residents, visitors, occupants and guests are required to stop and wait for the gate to completely shut when entering or exiting the parkade. Failure to do so will result in a reminder being sent to the strata unit owner, followed by fines for subsequent failure(s) to wait for gate closure. Residential Parking 45.1 A resident must not permit any oversized, commercial or recreational vehicles including, but not exhaustively; boats, trailers and campers to enter or be parked or stored on common property, limited common property or land that is a common asset. Bylaws Revised February 24, 2015 Page 19

23 45.2 A resident must not store unlicensed or uninsured vehicles on the common property, limited common property or on land that is a common asset A resident storing a vehicle must provide proof of insurance to the Strata Corporation on the commencement date of the storage An owner must not sell, lease or license parking stalls to any person other than an owner or occupant A resident must park only in the parking stall assigned to the resident A resident or visitor must not permit a vehicle to be parked or left unattended in a manner that interferes with parking stalls, access lanes or no parking zones Any resident s vehicle parked in violation of the Rules 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 A resident or visitor must not use any parking area as a work area for carpentry, renovations, repairs (including, but not exhaustively, sawing, drilling and the use of any adhesive or hardening compounds) or work on vehicles involving any automotive fluids or paints, motor tune ups or mechanical repairs or washing vehicles A resident or visitor operating a vehicle in the parking areas must activate the vehicle s headlights and not exceed 10km/hour A resident or visitor must not smoke while in the parking area including inside a vehicle A resident must not park or store any vehicle that drips oil or gasoline. A resident must remove any dripped oil, gasoline or other automotive residue, or will be charged for such removal by the strata. 46. Visitor Parking 46.1 Visitor parking stalls are for the exclusive use of visitors of residents at The Strata. No owners/residents may use the visitors parking area at any time. Violators will be fined and towed without warning One laminated visitor parking permit will be distributed to each Strata Lot. These permits must be visibly displayed on the dash of the visitor s vehicle. The visitor lot will be monitored regularly, with license plate numbers recorded. It is the responsibility of each resident to supply their visitor with a parking permit Visitor parking permits may not be reproduced under any circumstances. If lost or damaged, replacement permits cost $ Visitor parking is permitted for periods up to and including two consecutive days. For clarification purposes, the maximum time permitted does not reset if the vehicle is removed from the parkade during the two day period. For example if a Bylaws Revised February 24, 2015 Page 20

24 vehicle is parked on a Monday, the maximum length of time allowed in visitor parking without written approval is until Wednesday regardless if the vehicle is removed from the parkade during this period 46.5 Visitor parking permits for periods of greater than two consecutive days or a reasonable number of non-consecutive days must be requested, in writing, to the Strata Council. Based on demand, these longer term requests may be accepted or denied. Strata Council reserves the right to determine what amount of time is reasonable Visitors parking in the visitor lot do so at their own risk and must abide by any and all regulations that apply to the parking stalls in general Resident owners are responsible for any damage caused to the common property by their visitors No commercial vehicles are permitted to park in the visitors parking area Vehicles in violation of these rules will be towed at the liability and expense of the vehicle owner The Concierge will deny the use of the visitor parking to oversized vehicles After the maximum period of 2 consecutive days in Visitor Parking, guests of residents are not permitted to park in the Visitor Parkade for the next 7 calendar days. Towing will be strictly enforced on this matter. DIVISION 12 AMENITIES Amenities (including the Gym, Hot tub, Steam Room, Lounge, and Outdoor common areas) are for the use of residents and accompanying guests only. Any person using these facilities do so at their own risk, and release and indemnify the strata corporation and the managing agent from any and all claims arising from the use of these facilities. No commercial activity is permitted in any of the amenities. No animals are allowed in any amenities areas. No alcohol is permitted in the hot tub, sauna or gym. Any and all accidents must be reported immediately to the building staff and to the Strata Manager. Any and all damages must be reported immediately to the building staff and to the Strata Manager. Any breach of the above bylaws and stated Rules may be subject to fine(s) being levied against their strata lot in accordance with the Strata Corporation s Bylaws and/or the removal of privileges regarding use of the facilities. Additional charges Bylaws Revised February 24, 2015 Page 21

25 may be levied for the repair or replacement of equipment that shows evidence of willful damage. 55. Hours of operation and other details for the various amenities are as stated in the building Rules. DIVISION 13 GENERAL AND MISCELLANEOUS 56. Small Claims Actions 56.1 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 ¾ vote of the Strata Corporation. 57. Parking/Storage Area Lease 57.1 Each owner of a strata lot may be entitled to the exclusive use of one or more of the parking stalls and may be entitled to the use of a storage unit located in the parking facility pursuant to a partial assignment of the parking/storage unit lease (the Parking/Storage Unit Lease ) between Solterra Symphony Place Corp. and as tenant, a copy of which is attached hereto. Pursuant to the Parking/Storage Unit Lease, upon the registration of the strata plan for the Strata development, the Strata Corporation will automatically assume all of the covenants and obligations of Solterra Symphony Place Corp. under the Parking/Storage Unit Lease with respect to the Stalls and the Storage Units (as defined in the Parking/Storage Unit Lease). 58. Planters/Landscaped Areas 58.1 Owners of the strata lots which do not have enclosed balconies will not place planters, landscaping or other such items or equipment within any part of the limited common property designated on the strata plan exclusively for the use of such owner unless, in the opinion of the Strata Council, such planters, items or equipment are in keeping with the balance of the development in terms of design, quality, proportion and color. Any such planters, landscaping items or equipment (including, without limitation, landscaped areas and/or planters designated as limited common property and installed as part of the original development) will be maintained in good and tidy condition on an ongoing basis and the responsibility for such maintenance will be solely for the account of the owner of the strata lot entitled to the use of the limited common property on which they are placed. No strata lot owner within a landscaped area and/or planter designated as limited common property will change, alter or amend the plantings within such landscaped areas and/or planters without the written consent of the Strata Council. 59. Administration of common area user fees 59.1 The Strata Council shall have the authority to implement fees for the use and or rental of the common property areas noted as follows: the visitor parking area; Bylaws Revised February 24, 2015 Page 22