SCHEDULE B Bylaws OWNERS OF STRATA PLAN N21 Division 1 Duties of Owners, Tenants, Occupants and Visitors 1. Payment of Strata fees 1) An Owner must pay Strata fees on or before the first day of the month to which the Strata fees relate. 2) Strata fee payments can be made by automatic monthly bank withdrawal, through monthly installments via post-dated cheques or annually by a cheque at the first of the year. An NSF charge in the amount of $25.00 will be applied to all returned cheques or automatic withdrawal payments. 3) Where an Owner has failed to pay Strata fees, special assessments, fines or other charges by the time set by the Strata Council, the indebtedness shall carry interest at the rate of 10 percent per annum until the amount owing, plus accrued interest and all costs incurred, including but not restricted to solicitor-client costs, is fully paid. 4) The Strata Corporation may recover from an Owner by an action in debt in a court of competent jurisdiction any money owing, plus accrued interest and all costs incurred, including but not restricted to solicitor-client costs, in respect of Strata fees, special assessments, fines, or other charges. 5) Where an Owner has failed to pay Strata fees, special assessments, fines or other charges by the time set by the Strata Council, the Strata Council may suspend that Owner s privileges to use the recreation centre or to rent a boat slip pending the payment of the amount owing, plus accrued interest and all costs incurred, including but not restricted to solicitor-client costs. 6) The Strata Corporation may register a certificate of lien in the land title office against the Strata lot of an Owner if the Owner fails to pay to the Strata Corporation those amounts owed as set out in section 116 of the Strata Property Act. 2. Repair and maintenance of property by Owner 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) 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. 1
3) Owners must repair and maintain the following and do so in accordance with the standards set in the Building Guidelines: Stairs, balconies, doors, windows, decks, railings, air conditioning units, on-deck storage units, skylights (except those skylights originally installed and shown on the Strata plans), approved renovations and other things attached by the Owner to the exterior of the building. Owners will be responsible for any damage to their units caused by the failure to repair or maintain any of the above. If an annual inspection finds a particular repair issue that is the responsibility of the Owner, the Owner will be given notice from the Council to have the repair completed in the specified time, failing which the Council will have the work done and charge the Owner for the costs of doing the work. 3. Use of property 1) An Owner, tenant, occupant or visitor must not use a Strata lot, the Common Property or common assets in a way that (a) causes a nuisance or hazard to another person, (b) causes unreasonable noise, (c) unreasonably interferes with the rights of other persons to use and enjoy the Common Property, common assets or another Strata lot, (d) is illegal, or (e) is contrary to a purpose for which the Strata lot or Common Property is intended as shown expressly or by necessary implication on or by the Strata plan. 2) No one shall behave at any time in a manner that will unduly disturb his neighbors or Akiskinook staff. All residents must observe the 11:00 PM noise curfew. Violators of this bylaw are subject to a $200 fine. 3) The discharge of firearms or any other weapons on the property of the Strata Corporation is prohibited except where failure to do so would place a person in danger. 4) No fireworks, sparklers or firecrackers may be brought onto or used on the Akiskinook property. Violators of this bylaw are subject to a $200 fine. 5) Barbeque and Other Outdoor Fire Pits/Places: An Owner, tenant or occupant must not use a barbeque, hibachi or other like cooking device on a Strata lot, balcony, deck, patio or on any Common Property or Limited Common Property unless such barbeque, hibachi, or cooking device is powered by propane, natural gas or electricity and such propane, natural gas or electricity powered barbeques, hibachis and other light cooking devices shall not be used 2
except in accordance with rules made by the Strata Corporation from time to time. Violators of this bylaw are subject to a $200 fine. An Owner, tenant, or occupant is prohibited from placing or using an outdoor fire place on a Strata lot, balcony, deck, patio or on any Common Property or Limited Common Property unless same is powered by propane, natural gas or electricity. 6) Roads and Parking: a) No one shall exceed the speed limit as posted within Akiskinook 20 km/hr. b) There is absolutely NO parking or driving on the grass, unless permission has been granted by the Manager due to construction, moving or maintenance work. Violators of the driving or parking on the grass bylaw are subject to a $200 fine and are also responsible for the cost of any damage to the sod or the irrigation system. In the event a unit is under construction, it will be the sole responsibility of the Owner(s) to inform their contractor of this bylaw, and any fines or cost incurred to repair damage to common or Limited Common Property not adequately repaired by the subject Owner(s) will be issued and billed to the Owner, not the contractor. c) No Parking areas must be observed. Owners of offending vehicles and trailers are subject to a $50 fine and the expense of towing. d) Units in Horsethief, Columbia, and Swansea building blocks, as well as the cabins, have designated parking spots that must be observed. e) For units with multiple Owners and/or cars, please do not park more than one vehicle per unit by your condo during peak periods in July and August and all long weekends. Overflow parking at the front gate is available for additional vehicles. The Staff and security have the right to enforce one vehicle per unit if necessary during peak periods and all long weekends. Towing expenses will be charged to the offending unit. f) Upon entry to Akiskinook Resort, Owners must display the current tag in their windshield. Visitors, guests and renters who plan to park their cars must display either this tag (if provided by the Owner) or a temporary visitor pass with the unit number. Temporary passes are available on the Akiskinook website or from the office. It is important for security purposes that this rule be followed and enforced. g) Due to limited parking, only one vehicle per unit may be parked at the Beach during July and August and must display a valid parking tag. h) Recreational vehicles and trailers, only with Resort Manager approval, must be parked in the overflow parking area, and may not be used for accommodation while so parked. 3
i) Golf Carts may be operated by persons with a valid driver s license on the roads in the premises but cannot be parked on the grass around the condo units or on the grass down at the beach. j) During peak periods, guests must park in the overflow area. k) Owners with golf carts must sign a waiver form and agree to the rules governing the use of a golf cart on Akiskinook Resort property. A golf cart sticker, as issued from the Akiskinook office, must be displayed in a visible location on the golf cart. l) Guest Parking: The parking area located at the entrance to Akiskinook Resort is designated as parking for guest motor vehicles. Recreation vehicles, boats or trailers of any kind may not be kept, stored, placed or parked on any part of the guest parking area unless first receiving permission in writing from the Council or from the office and obtaining a valid temporary parking pass that is posted in a conspicuous place. The Council reserves the right and has the authority to remove or cause to be removed any recreation vehicle, boat or trailer that is kept, stored, placed or parked on any part of the guest parking area without the written approval of the Council or from the office. 7) Use of Recreation Centre, Beach and Marina a) The use of the recreation centre, beach and marina shall at all times be restricted to: Owners and their family members who are physically residing in a unit Renters and their family members who are physically residing in a unit Registered guests and their family members who are physically residing in a unit Guests staying or visiting with an Owner (or renter or registered guest) who is physically residing in a unit b) For the purpose of this bylaw, family members shall mean: A spouse of an Owner, renter or registered guest; A parent or child of the Owner, renter or registered guest; A parent or child of the spouse of the Owner, renter or registered guest; A grandchild of the Owner, renter or registered guest c) Registered guests are equivalent to renters who do not pay rent. They are physically residing in the unit without the Owner present, and as such must be registered at the Akiskinook Office by the Owner. An email or submitted Form K to the office is sufficient notice for registered guests. 4
8) Renters The Akiskinook Standard Rental Agreement must be submitted for renters. d) The Strata Corporation shall fine an Owner in the amount of $50 for each contravention of this bylaw. e) Access rights are grandfathered for individuals who were registered Owners prior to February 2003, who also owned another vacation property in the area at the time and who still retain Ownership at Akiskinook. These rights are not transferable. a) Any Owner, as that term is defined in section 1(1) of the Strata Property Act must, before renting his/her/its Strata lot on the basis of a commercial transaction at Akiskinook Resort, submit an executed Akiskinook Standard Recreational Property Rental Application and Agreement, to the administration office at Akiskinook. You can print this form from the Akiskinook website. This information will allow the Resort Manager to monitor who is using the Resort and track circumstances around any issued fines. We request that you email or submit a Form K to the office for any Registered Guests who are staying at your unit overnight if you are away. This form is also available from the Akiskinook website. A fine of $50.00 will be issued to any Owner not providing the Office with the correct form for renters and registered guests. b) As required by Section 146 in the B.C. Strata Property Act, Owners must give renters the current bylaws and rules. Owners must inform their renters that only one vehicle is to be parked at the unit and second vehicles should be parked at the front gate. c) Providing renter s access to units or keys is the Owner s responsibility. If an Owner fails to provide a renter with access to their unit or keys, the renter will be charged a $25.00 fee for the Resort Manager to provide access to a unit during 8:00am-5:00pm. A $50.00 fee will be charged to renters if the Resort Manager is asked to provide access outside of those hours. 9) 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. 10) 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. Violators of the on-leash bylaw are subject to a $200 fine. 5
11) An Owner, tenant or occupant must not keep any pets on a Strata lot other than the following: A reasonable number of fish or other small aquarium animals, small caged mammals, caged birds, dogs, or cats. 12) Owners must clean up after their pets. 13) ABSOLUTELY no pets allowed on the beach, including the grass area, or on the tennis courts. Dogs will be allowed in the dog swimming area located in the paddle/kayak storage area. 14) An Owner shall maintain public liability insurance coverage in an amount of not less than $1,000,000. Owners are personally liable for any and all damage, including any insurance deductible charged by the Corporation s insurers, caused to the common assets or Common Property caused by the Owner or any of his Occupiers, visitors, invitees, guest, or tenants. 15) Akiskinook Resort contracts a waste disposal firm to pick-up garbage every two weeks from September to June, and once a week during July and August. Household garbage must be tied and placed inside the dumpsters located throughout the resort. No garbage or refuse of any kind is to be left on the grounds. The occasional presence of bears in the resort necessitates that dumpster lids are tightly secured at all times. 16) Food and paper scraps must be bagged, tied and placed in the green dumpsters. Please ensure that the lid is secure. If the container is full, find another dumpster on the resort that has room. Bears are often hungry and very determined, and ravens make a dreadful mess with unsecured trash. NEVER leave garbage or refuse of any description beside the dumpster, even those with new enclosures. 17) Other household garbage that will fit inside the green dumpsters can also be disposed of using these containers. All bulk items and other garbage becomes a personal responsibility. Bottles and other returnable items may be left in plastic bags behind the garbage bins within the enclosure. 18) All household hazardous waste (e.g. chemical products, old cans of oil-based paints, thinners, furniture strippers, paints, lubricants, motor oils etc.) are NOT to be disposed of in the dumpsters. These must be taken to the dump. 19) Dumpsters are intended for domestic use only. No construction debris of any type is allowed. If you are renovating, instruct your contractors to dispose of their waste at the dump. 20) Fireplace ashes deserve extra caution and should be left in the fireplace overnight to ensure that there are no hot embers. 6
4. Inform Strata Corporation 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. 2) On request by the Strata Corporation, a tenant must inform the Strata Corporation of his or her name. 5. Obtain approval before altering a Strata lot 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: The structure of a building; The exterior of a building; Chimneys, stairs, decks, balconies, air conditioners, awnings, fans, satellite dishes, 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. Interior flooring in second story condos. 2) The Strata Corporation must not unreasonably withhold its approval under subsection (1) but may require as a condition of its approval that the Owner first do one or more of the following: Provide to the Strata Council for its review drawings and specifications relating to the proposed alterations, compiled by a professional engineer or architect, as the case may be, the cost of which is to be borne by the Owner; Provide to the Strata Council a written estimate of the cost of the proposed alterations; Provide to the Strata Council copies of all necessary Municipal Development permits and Municipal permits for wiring, plumbing and any other services to be altered for the proposed alterations; Provide to the Strata Council the name(s) of the proposed contractors to be used by the Owner; Provide to the Strata Corporation written confirmation from the contractor(s) that the contractor(s) has/have current paid up WCB coverage in place and current paid up liability insurance in place an amount not less than $2,000,000; Agree, in writing, to take responsibility for any expenses relating to the alterations and provide at the request of the Strata Corporation, evidence of appropriate insurance coverage relating to the alterations. 7
3) a) Preliminary written approval for proposed alterations may then be granted if such approval is required by the Municipality before it will issue any remaining approvals and permits for the proposed alterations. b) Under no circumstances are any alterations to be commenced before the Owner is provided with final written approval for the proposed alterations. In the event that any alterations are commenced for which final written approval has not been provided OR if the actual alterations are not in accordance with the alterations approved by the Strata Council, the Strata Council reserves the right to forthwith stop the alterations, have any alterations removed and the work area restored to its original condition by the Strata Corporation. Any costs incurred by the Strata Corporation to remove the alterations and restore the work area to its original condition will be added to the Owner s common expenses account for payment by the Owner; c) In the event that the written estimate of the costs of an Owner s proposed alterations(s) exceeds, for the 12 month period commencing from the date of the request for written approval, the sum of $5,000 (before applicable taxes), the Strata Council reserves the right to require the Owner to have the proposed alterations approved by a resolution passed by a 3/4 vote at an annual or general meeting. 4) Exterior Finishes, Materials and Specifications must comply with the Building Standards per the attached Schedule A-1 (located at the end of the Building Standards). Schedule A-1 forms part of these bylaws. 5) In accordance with the Building Standards, which form part of these bylaws, Owners will have 18 months in order to complete the work approved by the building committee or Council. If work is not completed within 18 months, the Owner must re-apply for approval. 6. Obtain approval before altering Common Property 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. 2) The Strata Corporation must not unreasonably withhold its approval under subsection (1) but may require as a condition of its approval that the Owner first do one or more of the following: Provide to the Strata Council for its review drawings and specifications relating to the proposed alterations, compiled by a professional engineer or architect, as the case may be, the cost of which is to be borne by the Owner; Provide to the Strata Council a written estimate of the cost of the proposed alterations; Provide to the Strata Council copies of all necessary Municipal Development permits and Municipal permits for wiring, plumbing and any other services to be altered for the proposed alterations; 8
Provide to the Strata Council the name(s) of the proposed contractors to be used by the Owner; Provide to the Strata Council written confirmation from the contractor(s) that the contractor(s) has/have current paid up WCB coverage in place and current paid up liability insurance in place an amount not less than $2,000,000; Agree, in writing, to take responsibility for any expenses relating to the alterations and provide at the request of the Strata Corporation, evidence of appropriate insurance coverage relating to the alterations. 3) Preliminary written approval for proposed alterations may then be granted if such approval is required by the Municipality before it will issue any remaining approvals and permits for the proposed alterations. Under no circumstances are any alterations to be commenced before the Owner is provided with final written approval for the proposed alterations. In the event that any alterations are commenced for which final written approval has not been provided OR if the actual alterations are not in accordance with the alterations approved by the Strata Council, the Strata Council reserves the right to forthwith stop the alterations, have any alterations removed and the work area restored to its original condition by the Strata Corporation. Any costs incurred by the Strata Corporation to remove the alterations and restore the work area to its original condition will be added to the Owner s common expenses account for payment by the Owner; In the event that the written estimate of the costs of an Owner s proposed alterations(s) exceeds, for the 12 month period commencing from the date of the request for written approval, the sum of $5,000 (before applicable taxes) the Owner will be required to have the proposed alterations approved by a resolution passed by a ¾ vote at an annual or general meeting. 4) Exterior Finishes, Materials and Specifications must comply with the Building Standards per the attached Schedule A-1 (located at the end of the Building Standards). Schedule A-1 forms part of these bylaws. 5) In accordance with the Building Standards which form part of these bylaws, Owners will have 18 months in order to complete the work approved by the building committee or Council. If work is not completed within 18 months, the Owner must re-apply for approval. 9
7. Permit entry to Strata lot 1) An Owner, tenant, occupant or visitor must allow a person authorized by the Strata Corporation to enter the Strata lot (a) in an emergency, without notice, to ensure safety or prevent significant loss or damage, and (b) at a reasonable time, on 48 hours written notice, to inspect, repair or maintain Common Property, common assets and any portions of a Strata lot that are the responsibility of the Strata Corporation to repair and maintain under these bylaws or insure under section 149 of the Act. 2) The notice referred to in subsection 1(b) must include the date and approximate time of entry, and the reason for entry. Division 2 Powers and Duties of Strata Corporation 8. Repair and maintenance of property by Strata Corporation The Strata Corporation must repair and maintain all of the following: (a) common assets of the Strata Corporation; (b) common property that has not been designated as limited common property; (c) skylights originally installed and shown on the Strata plan. Division 3 Council 9. Council size 1) The Council must have at least 3 and not more than 9 members. 10. Council members' terms 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. 2) A person whose term as Council member is ending is eligible for re-election. 11. Removing Council member 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. 10
2) 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 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. 2) A replacement Council member may be appointed from any person eligible to sit on the Council. 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. 4) 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 20% 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 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. 2) A person may hold more than one office at a time, other than the offices of President and Vice President. 3) The Vice President has the powers and duties of the President (a) while the President is absent or is unwilling or unable to act, or (b) for the remainder of the President's term if the President ceases to hold office. 4) 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 20% 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. 5) An Owner who is in arrears to the Strata Corporation to the extent that the Corporation is entitled to file a lien, is not eligible to run for a position on Council. 6) As permitted by section 28(2) of the Act, a person other than an owner, an individual representing a corporate owner and a tenant may be a member of the council provided such person falls within one of the following classes of persons: 11
(a) a spouse, including a common law spouse, of an owner provided that only the owner or the spouse of the owner can be a member of the council at any one time; (b) (c) a professional advisor of an owner; and an adult child of an owner. 14. Calling Council meetings 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. 2) The notice does not have to be in writing. 3) A Council meeting may be held on less than one week's notice if (a) all Council members consent in advance of the meeting, or (b) the meeting is required to deal with an emergency situation, and all Council members either (i) consent in advance of the meeting, or (ii) are unavailable to provide consent after reasonable attempts to contact them. 4) The Council must inform Owners about a Council meeting as soon as feasible after the meeting has been called. 15. Repealed [Repealed 2009-17-35.] 16. Quorum of Council 1) A quorum of the Council is (a) 2, if the Council consists of 2,3, or 4 members (b) 3, if the Council consists of 5 or 6 members, (c) 4, if the Council consists of 7 or 8 members, (d) 5, if the Council consists of 9 members. 2) If there is a tie vote at a Council meeting, the President may break the tie by casting a second, deciding vote. 3) Council members must be present in person at the Council meeting to be counted in establishing quorum. 12
17. Council meetings 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. 2) If a Council meeting is held by electronic means, Council members are deemed to be present in person. 3) Owners may attend Council meetings as observers. 4) Despite subsection (3), no observers may attend those portions of Council meetings that deal with any of the following: (a) bylaw contravention hearings under section 135 of the Act; (b) rental restriction bylaw exemption hearings under section 144 of the Act; (c) 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 1) At Council meetings, decisions must be made by a majority of Council members present in person at the meeting. 2) If there is a tie vote at a Council meeting, the President may break the tie by casting a second, deciding vote. 3) The results of all votes at a Council meeting must be recorded in the Council meeting minutes. 19. Council to inform Owners of minutes 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 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. 2) The Council may delegate its spending powers or duties, but only by a resolution that (a) delegates the authority to make an expenditure of a specific amount for a specific purpose, or (b) delegates the general authority to make expenditures in accordance with subsection (3). 3) A delegation of a general authority to make expenditures must (a) set a maximum amount that may be spent, and (b) indicate the purposes for which, or the conditions under which, the money may be spent. 13
4) The Council may not delegate its powers to determine, based on the facts of a particular case, (a) whether a person has contravened a bylaw or rule, (b) whether a person should be fined, and the amount of the fine, or (c) whether a person should be denied access to a recreational facility. 21. Spending restrictions 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. 2) 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. 3) The Strata Corporation gives Council the authority to make unapproved expenditures up to a lesser of $15,000 or 5% of the total contributions to the operating budget for the current year, where: (a) No one expenditure may exceed $5,000 (b) All such expenditures must be approved by a majority of the Council at a duly constituted board meeting. 4) Use of Contingency Reserve Fund When funds are to be used from the Contingency Reserve Fund for emergencies, the board must follow the following procedure: (a) All board members present at an official board meeting, held by phone or in person, must unanimously agree that the expenditure is necessary to ensure safety or prevent significant loss or damage, whether physical or otherwise, as per the Strata Property Act. (b) A detailed budget and at a minimum 2 quotes must be presented to the board before proceeding. The expenditure must not exceed the minimum amount needed to ensure safety or prevent significant loss or damage. (c) Any expenditures as outlined in 1 and 2 above will be at the personal responsibility of the person or persons involved if board approval is not granted. 5) The Strata Corporation gives Council the authority to reallocate capital expenditure dollars as required to repair or replace an existing capital item, with the understanding that: (a) Any replacement capital item must be of the same general type and cost (b) These dollars cannot be reallocated to build a new permanent fixture that changes the appearance of our Common Property (eg. New retaining wall, fence, shed). 14
22. Limitation on liability of Council member 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. 2) Subsection (1) does not affect a Council member's liability, as an Owner, for a judgment against the Strata Corporation. Division 4 Enforcement of Bylaws and Rules 23. Maximum fine 1) The Strata Corporation may fine an Owner or tenant a maximum of (a) $200 for each contravention of a bylaw, and (b) $50 for each contravention of a rule. 2) Any unpaid fines due to violation of rules, regulations or bylaws by renters or tenants will be the responsibility of the Owner. 24. Continuing contravention 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 25. Person to chair meeting 1) Annual and special general meetings must be chaired by the President of the Council. 2) If the President of the Council is unwilling or unable to act, the meeting must be chaired by the Vice President of the Council. 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. 26. Participation by other than eligible voters 1) Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote. 2) 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. 3) 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. 15
27. Voting 1) If a quorum is not met at a general meeting within one half hour from the time appointed for the meeting, the eligible voters present in person or by proxy constitute quorum. 2) Proxy forms for special resolutions must allow the Owner to vote for or against each special resolution and must indicate how the proxy will be voted if the proxy is left blank by the Owner. If a meeting will be considering special resolutions, all material with respect to such special resolutions must be provided to the Owners with the Notice of the Meeting. The proxy holder will have discretion with respect to voting on any amendments to a special resolution. 3) At an annual or special general meeting, voting cards must be issued to eligible voters. 4) 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. 5) 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. 6) 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. 7) 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. 8) 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. 9) With the exception of a unanimous vote at a General Meeting, if the Strata Corporation is entitled to register a lien against a Strata lot for arrears, that Strata lot Owner is not allowed to exercise their vote at the meeting. The vote of such a person or a person abstaining from voting on a motion, is removed from the denominator of any calculation of percentage. 10 i) At least 60 days before each annual general meeting the strata council shall causee to be sent out a separate communication to all strata lot owners requesting that any strata lot owners willing to stand for a council position to advise the strata council in writing of their willingness and identify themselves and inviting each of those potential council members to provide a short biography (max 250 words) outlining the qualifications they bring to the position. 16
(ii)the annual general meeting notice package to be sent to all strata lot owners will include a list of all strata council nominees identified prior to the annual general meeting along with their biographies, to allow owners to review their qualifications before the agm. (iii)the annual general meeting notice package is to include a ballot form for the election of council members to be included with the names of all strata council nominees identified to the strata council pursuant to this bylaw and include spaces for the names of strata council nominees who allow their names to stand at the annual general meeting. (iv) Owners who assign proxies may vote on the names included on the ballot sheet in the annual general meeting notice package or allow a proxy holder to vote for specific nominees or for any nominees, whether on the ballot or nominated at the annual general meeting. 28. Order of business The order of business at annual and special general meetings is as follows: (a) certify proxies and corporate representatives and issue voting cards; (b) determine that there is a quorum; (c) elect a person to chair the meeting, if necessary; (d) present to the meeting proof of notice of meeting or waiver of notice; (e) approve the agenda; (f) approve minutes from the last Annual General or Special General Meeting; (g) deal with unfinished business; (h) receive reports of Council activities and decisions since the previous Annual General Meeting, including reports of committees, if the meeting is an Annual General Meeting; (i) ratify any new rules made by the Strata Corporation under section 125 of the Act; (j) report on insurance coverage in accordance with section 154 of the Act, if the meeting is an Annual General Meeting; (k) approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an Annual General Meeting; (l) deal with new business, including any matters about which notice has been given under section 45 of the Act; (m) elect a Council, if the meeting is an Annual General Meeting; (n) terminate the meeting. 17
Division 6 Voluntary Dispute Resolution 29. Voluntary dispute resolution 1) A dispute among Owners, tenants, the Strata Corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if (a) all the parties to the dispute consent, and (b) the dispute involves the Act, the regulations, the bylaws or the rules. 2) A dispute resolution committee consists of (a) one Owner or tenant of the Strata Corporation nominated by each of the disputing parties and one Owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or (b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties. (iv) The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute. 30. Privacy bylaw (1) The Strata Corporation may collect, from time to time, certain personal information, ( PI ) of Owners, tenants and occupants including but not limited to: (i) the name, home address, and home telephone and/or cell phone numbers of Owners, tenants and occupants; (ii) e-mail addresses; (ii) banking information, in the case of Owners, for payment of Strata fees; (iii) video images and voice recordings obtained during the use and operation of the video surveillance system (the VSS ) installed and placed at the marina and beach and in 8 locations on the exterior and interior of the recreation centre, with signage noting the operation and monitoring by the VSS, and operational 24 hours a day, 7 days a week (2) PI collected will not be disclosed to any person, other than to elected members of the Strata Council during the course of exercising the powers and performing the duties of the Strata Corporation, the Strata Corporation s Strata Resort Manager, legal counsel or law enforcement personnel except: (i) when required or authorized by law to do so; (ii) when disclosure is consented to in writing by an Owner, tenant or occupant, as the case may be; (iii) during the course of a criminal investigation involving vandalism to or theft of Common Property or common assets of the Strata 18
Corporation, vandalism to or theft of personal belongings of Owners, tenants, occupants, visitors and invitees, or the physical assault of an Owner, tenant, occupant, visitor or invitee. (3) The Strata Corporation will take all reasonable precautions to ensure PI is kept safe from loss, unauthorized access, modification or disclosure. (4) For the purpose of bylaw (i) and bylaw (iii), this bylaw authorizes the use and collection of PI through the use of the VSS for the following purposes only: (i) to monitor access to and from the Common Property areas of the recreation centre, including the marina and beach; (ii) to protect personal property of Owners, tenants, occupants, visitors and invitees; (iii) to protect Common Property and common assets of the Strata Corporation; (iv) to protect the personal security of Owners, tenants, occupants, visitors and invitees to the building. (5) PI collected from the use and operation of the VSS will be retained by way of electronic data storage for up to 12 months on the Strata Corporation s computer data storage system at which time the PI will be permanently deleted from the computer hard drive for the VSS. (6) Requests for access to view a specific individual s PI, including access to view those portions of the VSS that contain PI for the individual requesting access, must be made in writing and delivered to the Strata Corporation s Strata Resort Manager. Access to the specific individual s PI will be made available in the presence of an elected member of the Strata Council or the Strata Corporation s Strata Resort Manager, within 14 days from the date of the request. Copies of PI will be provided and a reasonable fee will be charged for the copies of the PI. 31. Small Claims Actions 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 but not limited to money owing as administration fees, bank charges, fines, penalties, interest, or legal costs, without requiring authorization by a resolution passed by a ¾ vote. 19
32. Winterizing your unit There have been a number of problems at Akiskinook caused by the long and extremely cold spells in the past. To minimize or prevent damage, please ensure that the following steps have been taken with your unit: a) When you leave your unit, all thermostats in your unit must be left at a minimum of 10 C and the main water valve must be turned off. b) Make sure your heating system works. A number of units have broken thermostats, burned out relay switches, or have heaters which have been turned off at the electrical panel. Only the hot water tank should be switched off when you are away. Maintenance of the heat in your unit is your own responsibility. Leave all internal doors open to prevent isolation. c) The water heaters in the 3-storey units are in cupboards. The cupboard doors must be left open to prevent the water in the tanks from freezing. d) Shovels are available from the Resort Manager or Supervisor for any Owners who wish to clear snow off their decks or stairs. e) Any damage to strata lots, common property, common assets and the buildings due to the failure to follow these procedures will be the financial responsibility of the unit causing the damage. f) The fine for not adhering to this bylaw is $200.00. 33. Common area landscape maintenance a) No modification, change and/or addition is to be made or maintained to the common area landscape by anyone until the request for change has been approved by the Resort Manager and Property/Grounds Committee. This especially includes pruning of trees and removal of bushes. b) Upon review by the members of the Strata Council on the Grounds Committee and Resort Manager, any and all elements of the common area landscape may be subject to removal, modification, changes, addition, etc. c) In these cases, the Committee will notify unit Owners within the scope of the impacted area. Unit Owners will be given fifteen (15) days from the date of correspondence of notification to provide a written statement in objection to the proposed Committee action. If there are any objections, the Strata Council will rule upon the intended Committee action to insure reasonable actions are being taken in reference to the desires of the impacted unit Owners. d) No private flower beds are to be created. 20
e) The Strata Corporation is, pursuant to bylaw 8(b), required to repair and maintain all Common Property at Akiskinook, which includes all landscaped areas including any areas currently referred to as Private Gardens. Owners, occupants and tenants are prohibited from making any changes to the Common Property grounds, including planting of plants, shrubs, trees or placing any landscape or garden artifacts on Common Property and further, the Strata Corporation will be responsible to manage any existing gardens that have been constructed on Common Property as part of its obligation to repair and maintain Common Property. 21