1844-COTTON RIDGE ESTATES

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1 -Main /r..almem HOMELIFE E HomeLife Glenayre Realty Chilliwack Ltd. Property Management Division MEMO DATE: October 16, 2012 To: Re: All Owners of BCS 1844-COTTON RIDGE ESTATES Registered Bylaws and Rules Please find enclosed an updated consolidated version of all of your Strata's Bylaws and Rules, which includes all registered Bylaws to date consolidated into one package. This replaces all previous versions given. Please discard all old Bylaws and replace with this newest version. Your Strata Council Keith Wilson Rd., Chilliwack, B.C. V2R 5S1 Bus. (604) Toll Free: Fax (604)

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3 FORM_STFtATA_V6 NEW WESTMINSTER LAND TITLE OFFICE Oct :59: STRATA PROPERTY ACT FILING. PROVINCE OF BRITISH COLUMBIA CA P A G E 1 O F 2 5 PA G E S Your electronic signature is a representation by you that: CA, cn=dean Simpson you are a subscriber, and Dean Simpson ON11,PN, o-, Notary, you have incorporated your electronic signature into ou=verify ID at this electronic application, and DN1 IJW Lk LJP.cfm?id =DN1IJW the imaged copy of each supporting document attached to this electronic application, and have done so in accordance with Sections and (4) of the Land Title Act, RSBC 1996, C.250. Your electronic signature is a declaration by you under Section of the Land Title Act in respect of each supporting document required in conjunction with this electronic application that: the supporting document is identified in the imaged copy of it attached to this electronic application; the original of the supporting document is in your possession; and the material facts of the supporting document are set out in the imaged copy of it attached to this electronic application. Each term used in the representation and declaration set out above is to be given the meaning ascribed to it in Part 10.1 of the Land Tide Act. I. CONTACT: (Name, address, phone number) Simpson Notaries File No JA Vedder Road LTO#11219, Phone: Chilliwack BC V2R 4E6 Julie Ashfield, Auth-Agent Document Fees: $23.90 Deduct LTSA Fees? Yes 2. IDENTIFICATION OF ATTACHED STRATA PROPERTY ACT FORM OR OTHER SUPPORTING DOCUMENT: Form-I Amendment to Bylaws LTO Document Reference: 3. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND: [PID] [LEGAL DESCRIPTION] NO PID NMBR STRATA PLAN BCS1844 Related Plan Number: BCS1844

4 REGISTRAR, LAND TITLE OFFICE 88 6 th STREET NEW WESTMINSTER, BC V3L 5B3 Please receive herewith the following document for filing: NOTIFICATION OF AMENDMENT TO BYLAWS FORM I, under the Strata Property Act, Strata Plan, BCS Strata Property Act Form I AMENDMENT TO BYLAWS (Section 128) The Owners, Strata Plan BCS 1844, certify that the following or attached amendments to the bylaws of the Strata Corporation were approved by a resolution passed in accordance with section 128 of the Strata Property Act at an Annual or Special General Meeting held on September 17, Signature of CO.Utleii- ember Signature of Second Council Member (not required if council consists of only one member) Section 128 (2) of the Act provides that an Amendment to Bylaws must be filed in the land title office.

5 COTTON RIDGE STRATA BCS 1844 CONSOLIDATED BYLAWS 2012 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 and approved at the July 12,2011 AGM 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 and approved at the July 12, 2011 AGM 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 (c) (d) (e) causes a nuisance or hazard to another person, causes unreasonable noise, (quiet time hours are from 11:00 p.m. to 7:00 a.m.) unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot, is illegal or injurious to the reputation of the Strata Corporation, 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. (f) Is contrary to any statue, ordinance, Bylaw or Regulation of any government, whether Federal, Provincial, Municipal, or otherwise.

6 2 3.2 An owner, tenant, occupant or visitor must not; (c) place a freezer on his, her, or its balcony. 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. 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. 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. 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. 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. 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. 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. 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 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 4(5), 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.

7 3.12 No Owner, Tenant, Occupant or Invitee shall: 3 (c) (d) trespass on a part of the Premises to which another Owner, Tenant or Occupant is entitled exclusive use; copy any key to Common Property without the written permission of the Strata Council; canvass or solicit, or permit any Person to canvass or solicit on the Premises; place a mat or any other miscellaneous items on the floor in the common hallways; 3.13 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 and materials other than ordinary household refuse and garbage from the strata plan property at his or her expense 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 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 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 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.

8 Garage/lawn sales are not permitted A resident or visitor must not use or store fossil fuel ba rbecues, 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 A resident may post notices only on the designated bulletin board, subject to being removed by the Council if deemed inappropriate 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) 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 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: (c) (d) (e) 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;

9 What Laws Regulate Smoking in British Strata Corporations By Elaine McCormack, Alexander Ho!burn Beaudin & Lang, UP 5 moking in British Columbia strata complexes is governed mainly by the Tobacco Control Act, the Schedule of Standard Bylaws in the Strata Property Act, the common law of nuisance, and the Human Rights Code. Increasingly, strata councils are also considering proposing amendments to the bylaws regarding smoking for the consideration of the owners in their complexes. Before proposing a bylaw, it is important to consider the physical layout of the complex, the characteristics of the residents, and the common law and statute law that govern smoking in strata complexes. This article will be published in two parts. This first part will focus on the current statutory limitations on smoking in strata complexes located in British Columbia. The second part will discuss drafting, passing, registering and enforcing non-smoking bylaws and possible human rights challenges to those bylaws, and will be published in the next CHOA Journal. Columbia's newly amended Tobacco Control Act, R.S.B.C. 1996, c. 451 ("Tobacco Control Act"), smoking is prohibited in or near certain places to which the public is ordinarily invited or permitted access. This legislation came into force and effect on March 31, Pursuant to this legislation, smoking is prohibited in places customarily available to the public. These places will likely be found to include the common property areas of a strata complex including elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies, exercise areas, and in the buffer zones around public areas. Section 2.3 of the Tobacco Control Act provides as follows: No smoking in or near certain places 2.3 (1) Subject to subsection (2), a person must not smoke tobacco, or hold lighted tobacco, in any building, structure, vehicle or any other place that is fully or substantially enclosed and (i) is a place to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is rharged for entry, (ii) is a workplace, or (iii) is a prescribed place, or within a prescribed distance from a doorway, window or air intake of a piece described in paragraph. (2) Subsection (1) does not apply to the ceremonial use of tobacco in relation to a traditional aboriginal cultural activity, or by a prescribed group for a prescribed purpose. (3) Subject to subsection (5), if any person contravenes subsection (1) in respect of a place described under subsection (1) (i) or (iii), each manager, owner and lessee of the place is deemed to have

10 Continued on page 30 SIATA Name:_ $ f u g a l : S Strata No. Order Yours Today! / Address:. City: Tel: 1 = VISA Card Number Amount Signature Expiry Date 5..;;1, Fax orders tot (250) 'lei: (250) Toll Free: ala v. WI CHOVIournal IJuly

11 Continued from page 29 contravened that subsection and each is liable for the contravention. (4) Subject to subsection (5), if any person contravenes subsection (1) in respect of a workplace, the employer is deemed to have contravened that subsection and is liable for the contravention. (5) It is a defence to a charge under Subsection (3) or (4) if the manager, owner, lessee or employer, as applicable, demonstrates that he or she exercised reasonable care and diligence to prevent the contravention. (6) Subsections (3) and (4) apply whether or not the person who smoked tobacco, or held lighted tobacco, or any other person, is charged with contravening subsection (1). Section 4.22(1) of the Tobacco Control Regulation provides as follows: No smoking near doorways, windows or air intakes 4.22 (1) For the purposes of Section 2.3 (1) of the Act, the prescribed distance from a doorway, window or air intake in which a person must not smoke tobacco, or hold lighted tobacco, is 3 metres. Of special concern is Section 2.3 (3), which makes managers, owners, and lessees of a place liable for contraventions. As a result, a strata corporation and its manager are theoretically liable for breaches of the Tobacco Control Act by individuals while they are on the common property, whether the person smoking is an owner, tenant, occupant, or visitor. The legislation will be enforced by Tobacco Enforcement Officers through the various health authorities. Our office spoke to an Officer who characterized his role as predominantly one of facilitation. He advised that he had the power to enforce the Tobacco Control Act through ticketing, but that he is reluctant to do so. He has not as of yet ticketed someone for smoking in the common area of a strata or an apartment. He further mentioned that while they generally give a warning before ticketing someone they are not obliged to do so and have given tickets without warning for especially blatant offences. Fine amounts are $58.00 for the smoker, or $ for the manager, owner, or lessee. These fines could be issued every day. How the legislation will actually be applied in the context of strata corporations is uncertain. The legislation does not appear to directly address whether the windows or air intakes for the private areas of a strata complex will be covered by Section 2.3. For instance, if there is an apartment style building, can an owner of a strata lot smoke on the balcony that he uses? Does it matter if the balcony is designated as common property, limited common property, or part of a strata lot? Does it matter if the person smoking on the balcony is less than 3 metres away from his neighbour's window? Also, what if someone is smoking in their strata lot within 3 metres of the door that leads to the common hallway? The Strata Property Act Section 3 of the Standard Bylaws reads as follows: 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 causes a nuisance or hazard to another person, causes unreasonable noise, (c) unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot, (d) is illegal, or (e) is contrary to a purpose for which the strata lot or common property is intended as shown expressly or by necessary implication on or by the strata plan. (2) 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) An owner, tenant, occupant or visitor must ensure that all animals are leashed or otherwise secured when on the common property or on land that is a common asset. (4) An owner, tenant or occupant must not keep any pets on a strata lot other than one or more of the. following: a reasonable number of fish or other small aquarium animals; a reasonable number of small caged mammals; (c) up to 2 caged birds; (d) one dog or one cat. We note that the Tobacco Control Act limits smoking based on location. In some ways the Schedule of Standard Bylaws is more expansive, in that it prohibits smoking that creates a nuisance or hazard to another person, whether the smoker is in a strata lot, on the common property or on a common asset of the strata corporation. We note that the word "nuisance" is being used as a legal term and is likely to be interpreted in a way similar to the common law action of nuisance discussed below. The Schedule of Standard Bylaws also prohibits illegal behaviour, which means that smoking that is a violation of the Tobacco Control Act would also be a violation of bylaw 3(1)(d) of the Schedule of Standard Bylaws. Section 26 of the Strata Property Act supports the concept that councils have a positive duty to enforce bylaws, in that it provides that "Subject to this Act, the regulations and the bylaws, the council must exercise the powers and perform the duties of the strata corporation, including the enforcement of bylaws and rules." The duty of council to enforce the bylaws of a strata corporation is a complex one and we recommend that legal advice be obtained if a council is asked by a resident to enforce a nuisance bylaw because of smoking. The Common Law of Nuisance At common law, a "nuisance" is a condition on a property or some use of a property that interferes with a neighbouring owner's ability to enjoy their property. Nuisances can also arise from intentional acts undertaken for lawful purposes. For example, an 30 n CHOA Journal July 2008

12 industrial plant that otherwise operates lawfully may cause a nuisance if smoke or noise invades the right of enjoyment of neighbouring landowners to an unreasonable degree. As stated by the British Columbia Court of Appeal in Royal Anne Hotel Co. Ltd. v. Ashcroft et al (1979), 8 C.C.L.T. 179: "The test then is, has the defendant's use of this land interfered with the use and enjoyment of the plaintiff's land and is that interference unreasonable? here. actual physical damage occurs it is not difficult to decide that the interference is in fact unreasonable. Greater difficulty will be found where interference results in little or no physical injury but may give offence by reason of smells, noise, vibration or other intangible causes." The law of nuisance attempts to reconcile competing uses of land. It endeavors to balance the rights of one occupier of land to use his or her property for lawful purposes with another occupier's right to the quiet use and enjoyment of his or her land. The Court can intervene when the interference with the other's use or enjoyment of land is unreasonable. The courts in British Columbia have adopted an objective test for nuisance, which applies the standards of an ordinary reasonable person. In Popoff v. Krafczyk, [1990] B.C.J. No (Q.L.), the British Columbia Supreme Court approved the objective test as follows: "In every case it is not whether the individual plaintiff suffers what he regards as substantial discomfort or inconvenience, but whether the average man who resides in that locality would take the same view of the matter. The law of nuisance does not guarantee for any man a higher immunity from discomfort or inconvenience than that which prevails generally in the locality in which he lives." Where the nuisance complaint involves individuals living in a strata complex governed by legislation and the bylaws of a strata corporation, the courts have recognized that there are additional factors to consider when determining whether there is an actionable case of nuisance. In this type of communal living arrangement, the residents of a strata complex are required to exhibit more cooperation and respect for others to ensure that each occupier is able to enjoy their property to the fullest extent. As stated by the British Columbia Supreme Court in The Owners, Strata Plan NW 87 v. Karamanian, [1989] B.C.J. No. 629 (Q.L.) ("Karamanian"): "While the courts are reluctant to interfere with how persons live in their own homes, there are some activities which may not be done particularly when the home is regulated by the Condominium Act and the bylaws of a Strata Council. This is the communal type of living which often requires a tremendous amount of cooperation and consideration from each other, for all residents to enjoy the lifestyle to its maximum." In Karamanian, the plaintiff strata corporation sought an order restraining the defendant, a strata lot owner, from breaching the bylaws of the strata corporation or continuing to create a nuisance. The defendant had installed an air conditioning unit and a Jacuzzi tub on his property. The air conditioner and Jacuzzi tub created excessive noise and vibrations. Noise could be heard and the vibrations felt in the strata lot directly below the defendant's strata lot. The owners of the strata lot directly below. the defendant's suite complained that the noise and vibrations interfered with their quiet enjoyment of their strata lot. At trial, the plaintiff asked the Court to limit the operation of the defendant's air conditioner and Jacuzzi to specific periods during the day. The Court granted the strata corporation's application and ordered that operation of the air conditioner and Jacuzzi be limited to specific hours during the day. This case illustrates that a strata corporation can obtain relief from a court to ensure that a behavior that is creating a nuisance to certain residents be limited so that it does not continue to create a nuisance. The case illustrates that an order may be granted restraining a resident from creating a nuisance even when it has not been proven that the behavior is creating a health problem for others in the complex. In the British Columbia Supreme Court case of Raith v. Coles, [1984] B.C.J. No. 772 (Q.L.), owners of a strata lot applied for an injunction to stop their downstairs neighbours from "emitting and discharging noxious substances, or specifically cigar smoke and odour, from their premises..." The plaintiffs alleged that the smoke and odour from cigars smoked by the defendants infiltrated their apartment and led to health problems. The plaintiffs provided evidence that the cigar smoke caused them to suffer from indigestion, nausea, sore throats, and emotional anxiety. When considering the matter of nuisance the Court stated: The standard of comfortable living which is thus to be taken as the test of a nuisance is not a single universal standard for all times and places, but a variable standard differing in different localities. The question in every case is not whether the individual plaintiff suffers what he regards as substantial discomfort or inconvenience, but whether the reasonable man who resides in that locality would take the same view of the matter. The result is that he who dislikes the noise of traffic must not set up his abode in the heart of a great city. He who loves peace and quiet must not live in a locality devoted to the business of making boilers or steamships. The Court ultimately granted the injunction, which prohibited the defendants from emitting cigar smoke from their strata lot until the final disposition of the dispute. As illustrated in this case, no matter what bylaws are in place, the common law of nuisance allows a resident bothered by smoke to take another resident of the complex to court to request an order that the smoking cease. Left with the Tobacco Control Act, which has yet to be interpreted, the uncertain protection offered in the Schedule of Standard Bylaws, and the common law of nuisance, many councils are now considering proposing bylaws that limit or prohibit smoking. Smoking bylaws will be the focus of an article in the next CHOA Journal. CHOA Journal I July

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14 To assist the enforcement of non-smoking bylaws, the Human Rights Code protects the rights of individuals who have a demonstrated allergy or sensitivity to second-hand smoke. An owner may be able to turn to the Code for protection if they have a disability that is exacerbated by second-hand smoke, and can take the position that the strata corporation has a responsibility to limit or ban smoking in order to accommodate the owner's disability. On the other hand, there is support for the premise that nicotine addiction is within the meaning of physical disability under the Code. While there is no inherent right to smoke, smoking is still a legal activity, as long as it is carried out in places where the smoke does not harm others. Therefore, smoking prohibition bylaws should only ban smoke in areas where non-smokers are put at risk, and the strata corporation should be mindful that they may have to accommodate people who are addicted to nicotine. Unfortunately, to date, there are no cases reconciling the interests of persons with allergies to smoking with those of residents who have an addiction, leaving strata councils struggling to resolve smoking disputes. Addressing competing interests may require creative solutions, including such things as alterations to the ventilation systems of the building. To Ban or not to Ban? Strata corporations and managers face the difficult task of balancing the competing interests of owners, while ensuring that they comply with the laws in place in the province. What is clear is that there is now a positive obligation to ensure that public spaces are smoke free. While nothing in provincial legislation and applicable municipal bylaws imposes an obligation on a strata corporation to pass a bylaw to that effect, a strata corporation will be more easily able to discharge its obligation to enforce the ban on smoking in the identified public areas if a bylaw is formally adopted. The benefit of having something in writing, in the form of a bylaw, is that it makes it clear to owners where they are or are not allowed to smoke. Bylaws are registered in the Land Title Office, and as such, everyone is deemed to have notice of the bylaw, including persons who purchase a strata lot. Further, strata corporations then have the ability to enforce the bylaw and respond to complaints by imposing bylaw infraction penalties under the Strata Property Act, including fines.

15 And while an outright ban on smoking, including in individual strata lots, may not be necessary, or, for that matter, easy to pass, the law of nuisance provides protection for owners from second-hand smoke in specific instances where they can demonstrate they are personally being negatively impacted by someone else smoking. Kristine All

16 In BC, the common law of nuisance deals with the use of property of one owner that interferes with a neighbouring owner's ability to use and enjoy their property. Section 3(1) of the Standard Bylaws in the Strata Property Act imports the law of nuisance into the bylaws of the strata corporation by prohibiting an owner, tenant, occupant, or visitor from using a strata lot or the common property in a way that causes a nuisance or hazard to another person. This can include smoking even if the strata corporation does not have a more specific non-smoking bylaw in place. Drifting smoke from one unit into another unit can constitute a nuisance or hazard. This has in fact been tested by the courts, in the case of Raith v. Coles, a 1984 BC Supreme Court Case in which one owner complained of health problems caused by the cigar smoke from the downstairs neighbour. The smoke from the cigars came into the Raiths' apartment, causing nausea, indigestion, sore throats and emotional anxiety. The Judge found that the smoking had become harmful to others in the complex and granted an injunction stopping the neighbouring owners from smoking. Municipal Bylaws In BC, some municipalities have enacted bylaws that are either similar to, or stronger than the provincial Tobacco Control laws, including Vancouver, Surrey, Richmond, and the Capital Regional District. Where municipal bylaws are stricter than provincial legislation, unresolved complaints should be made to the municipal bylaw enforcement department. For example, Vancouver Health By-Law No bans smoking in all public places. The Vancouver no-smoking zone is six metres of an entryway, open window or air intake of a building, while the provincial act only bans smoking within three metres of these areas. The Vancouver bylaw also imposes the duty on responsible persons to post no-smoking signs. Depending on which municipality the condominium building is located, strata corporations and managers should check the local bylaws for applicable smoking rules. Human Rights Code The BC Human Rights Code can be used in two ways: it can assist the enforcement of non-smoking bylaws, but may require that a strata corporation accommodate the owner who is addicted to smoking.

17 SMOKING IN STRATA CORPORATIONS Many strata corporations are currently grappling with the issue of smoking in the condominium complex: should there be a non-smoking bylaw and, if so, whether there should be a complete ban on smoking not only on common property, but also in individual strata lots. The new Tobacco Control Act imposes restrictions on smoking in public places, including parts of condominium complexes. However, this Act is not the only law that governs smoking in BC strata corporations. The following outlines some of the various ways that strata corporations can ensure that they comply with the various laws concerning smoking, while trying to minimize the infringement on any competing rights of owners who smoke. Provincial Legislation: the Tobacco Control Act Effective March 31, 2008, new provisions in the BC Tobacco Control Act and Regulation ban smoking in indoor public spaces and workplaces. The purpose of this ban is to reduce tobacco use and the effects of second-hand smoke by ensuring that public spaces and workplaces are smoke-free. According to section 4.21 of the Regulation, the following places are prescribed as places in which a person must not smoke tobacco or hold lighted tobacco: common areas of apartment buildings, condominiums and dormitories. Of particular note to strata corporations and their managers is that they are responsible for enforcing the smoking ban in common areas of the building, including elevators, hallways, parkades, and common rooms like reception areas and swimming pools, laundry rooms, and lobbies, or in the buffer zones three metres around public areas. The "three metre buffer zones" provide that one cannot smoke within three metres of an entryway, open window or air intake of a building area or an area that is substantially enclosed. While the 2008 amendments to the Tobacco Control Act serve to ban public smoking, they do not apply to individual units, or to balconies in condominium or apartment complexes unless within the three metre buffer zone. The Common Law of Nuisance and the Strata Property Act

18 (f) common property located within the boundaries of a strata lot; 5 (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. 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 WCB Coverage. Inadequate notice or work by unlicensed or non-bonded tradespersons will result in the levy of fines. 5.7 No owner or occupant shall permit or use any scrap material, tinfoil, newspaper or cardboard as window shade material. 5.8 Flooring other than carpet will require a superior soundproofing barrier. 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 item 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; 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.

19 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 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 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 (c) in an emergency, without notice, to ensure safety or prevent significant loss or damage, and 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. to ensure compliance with the Act and these Bylaws. 7.2 The notice referred to in subsection 7.1 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: common assets of the strata corporation; common property that has not been designated as limited common property;

20 7 (c) 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: (A) (B) (C) (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. (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) (ii) (iii) (iv) (v) 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, and fences, railings and similar structures that enclose patios, balconies and yards. DIVISION 3 - COUNCIL 9 COUNCIL SIZE 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: spouse of an owner or legal common law partner; court appointed representative of an owner;

21 8 (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. 10 COUNCIL MEMBERS' TERM S 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.

22 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. 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; 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. 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. 1 6 Q UO RU M O F C OU NC IL 16.1 A quorum of the council is; (c) 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

23 10 (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. 17 C O U N C IL M E E T ING S 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: (c) 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. 18 VOTING AT COUNCIL MEETINGS 18.1 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.

24 20.2 The council may delegate its spending powers or duties, but only by a resolution that 11 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 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; (c) 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. 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: $ ; or 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.

25 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. 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. 2 3 M A X I M U M F I N E DIVISION 4 - ENFORCEMENT OF BYLAWS AND RULES 23.1 The Strata Corporation may fine an owner or tenant a maximum of: $ for each contravention of a bylaw, and $50.00 for each contravention of a rule. 24 CONTINU ING CONTRAVENTIO N 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 SM ALL C LAIM S AC TION S 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. DIYISIOIL5=ANNUALAMLSPECIALGENERALIIEETINGS 26 PERSON TO CH AIR MEE TING 26.1 Annual and special 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.