BYLAWS STRATA PLAN LMS-4050 THE 501 Preamble...3 Division 1 Duties of Owners, Tenants, Occupants and Visitors...3 1. Payment of strata fees & Common Expenses...3 2. Repair and maintenance of property by owner... 4 3. Use of property... 4 4. Inform strata corporation...7 5. Obtain approval before altering a strata lot...8 6. Obtain approval before altering common property...9 7. Permit entry to strata lot...9 Division 2 Powers and Duties of Strata Corporation...9 8. Repair and maintenance of property by strata corporation...9 Division 3 Council...10 9. Council size...10 10. Council members' terms...10 11. Removing council member...10 12. Replacing council member...10 13. Officers...11 14. Calling council meetings...11 15. Requisition of council hearing...11 16. Quorum of council...12 17. Council meetings...12 18. Voting at council meetings...12 19. Council to inform owners of minutes...13 20. Delegation of council's powers and duties...13 21. Spending restrictions...13 22. Limitation on liability of council member...13 Division 4 Enforcement of Bylaws and Rules...14 23. Maximum fine...14 24. Continuing contravention...14 Division 5 Annual and Special General Meetings...14 25. Person to chair meeting...14 26. Participation by other than eligible voters...14 27. Voting...14 28. Order of business...15 Division 6 Voluntary Dispute Resolution...16 29. Voluntary dispute resolution...16 Division 7 Rentals...16 Last Updated: March 31, 2010 Page 1 of 19 Bylaws
Division 8 Insurance...16 Division 9 Small Claims Actions...17 Division 10 Privacy...17 Last Updated: March 31, 2010 Page 2 of 19 Bylaws
BYLAWS STRATA PLAN LMS-4050 THE 501 Preamble These bylaws bind the owners, tenants and occupants in the Strata Corporation to the same extent as if the bylaws had been signed by the Strata Corporation and each owner, tenant and occupant in the Strata Corporation and contained covenants on the part of each owner, tenant and occupant in the Strata Corporation with every other owner, tenant and occupant in the Strata Corporation to observe and perform their provisions. Unless otherwise stated, all terms have the meanings prescribed in the Strata Property Act, S.B.C. 1998, c. 43 (the Act). These bylaws supercede the Schedule of Standard Bylaws to the Act. Division 1 Duties of Owners, Tenants, Occupants and Visitors 1. Payment of strata fees & Common Expenses (1) An owner must pay strata fees on or before the first day of the month to which the strata fees relate. (2) If an owner is late paying his or her strata fees, the owner must pay the strata corporation interest on the late payment in the amount of 10% per annum, compounded annually and calculated monthly from the date the payment was due until the last date of the month in which it is paid. (3) Strata lots 1 to 11 inclusive, being commercial strata lots, are deemed one type of strata lot. (4) Strata lots 12 to 295 inclusive, being residential strata lots, are deemed another type of strata lot. (5) As the strata plan consists of more than one type of strata lot, the common expenses must be apportioned in the following manner: Common expenses attributable to one or more type of strata lot must be allocated to that type of strata lot and must be borne by the owners of that type of strata lot in the proportion that the unit entitlement of that strata lot bears to the aggregate unit entitlement of all strata lots concerned. Common expenses not attributable to a particular type or types of strata lot must be allocated to all strata lots and must be borne by the owners in proportion to the unit entitlement of their strata lots. Last Updated: March 31, 2010 Page 3 of 19 Bylaws
(c) Contributions to the contingency reserve fund or special levies must be calculated according to section 6.4(3) of the regulations to the Strata Property Act, subject to a resolution under section 100 or 108(2) of the 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. (3) When ordered by a competent public authority, an owner must promptly carry out any work on his or her strata lot, and pay all related charges, assessments, and taxes. 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, in the opinion of the strata council: (c) (d) (e) (f) Causes a nuisance or hazard to another person Causes unreasonable noise Unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets, or another strata lot Is illegal 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. For example: no owner, tenant, or occupant may operate a business enterprise that would create foot traffic or unreasonable noise, or require signage May injure the reputation of the strata corporation (2) Damage to Property 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 that the strata corporation must repair and maintain under these bylaws, or insure under section 149 of the Act. In the event that an owner, or the owner s tenant, occupant, or visitor causes damage to common property, limited common property, or common facilities, the owner will be held responsible for the reasonable costs incurred by the strata corporation to repair the damage. Upon presentation of the repair invoice, the owner will promptly reimburse the strata corporation in full. Failing this, the repair costs will be added to the owner s common expense account and will become due and payable on the 1 st day of the following month. Exceptions to 2 apply where damage originates from the rupture or malfunction of a permanent public supply line or sewer system, or where damage originates from common property, which are the responsibility of the strata corporation Last Updated: March 31, 2010 Page 4 of 19 Bylaws
(c) An owner, tenant, or occupant is responsible for damages to personal property and any upgrading, substituting, improvements, or betterment to the strata lot that have been made or acquired by the owner from those originally installed. (3) Pets (1) The number of pets allowed to occupy any one suite is limited as follows: (c) (d) (e) Two domestic mammals. For example: two dogs; two cats; one dog and one cat Rodents generally considered pests, such at rats and mice, are not permitted. Monkeys of any species are not permitted. A reasonable number of fish or other small aquarium animals in an aquarium no larger than 20 gallons and/or 225 lbs filled weight Up to 2 caged birds (2) Reptiles are not permitted. (3) Within 10 days of a dog residing in a strata lot, the resident must provide in writing the name of the dog, breed, colour, and markings, current City license number, together with the name, strata lot number, and telephone number of the pet owner. (4) Dog owners must provide the strata corporation with proof of re-registration with the City of Vancouver not later than March 31 of each year. (5) All pets must be leashed while on common property. (6) Pets are not permitted in the guest suites, games room, fitness room, pool or spa area, or in or near the volleyball courts. (7) Pets must always be taken off common property to relieve themselves. If any pet urinates or defecates on common property, or limited common property, the person responsible must immediately and complete remove the pet waste and dispose of it in a waste container or by some other sanitary means. (8) The owner of the strata lot is responsible for the cost of any special cleaning, floor covering replacement, or painting required as a result of a pet soiling common or limited common property. (9) The owner of the strata lot is responsible for ensuring his or her tenants, occupants, visitors, and/or agents comply with these pet bylaws. (10) Pet owners are responsible for the behavior of their animals. The strata corporation may require removal of any animal kept by an owner, tenant, occupant, visitor, or agent if the animal, in the reasonable opinion of the council, constitutes a nuisance or danger to any other person or animal. Removal must occur within 30 calendar days of notification being served. Last Updated: March 31, 2010 Page 5 of 19 Bylaws
(11) Pet owners are responsible for flea maintenance within their own units. (4) Prohibitions (1) An owner, tenant, occupant, visitor, or agent must not: Do anything that increases the risk of fire, flood, or life safety and thus impacts the rate of insurance levied on the strata corporation Use a strata lot for any purpose that involves undue traffic or noise in or about the strata lot or common property or that encourages loitering by persons in or about the strata lot or common property (c) Smoke, or permit guests to smoke, in any common areas or limited common areas (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) Leave open any outside door or gate without an attendant present for the duration of the opening Park in the rear driveway/fire lane, or stop for longer than 10 minutes Restrict or hinder passage on sidewalks, driveways, entrances and exits, hallways, stairwells and or other passages Collect or store domestic garbage or discarded items on any common or limited common property Allow a strata lot to become unsanitary or a source of odour Trespass on property to which another owner, tenant, or occupant is entitled to exclusive use Feed wild birds or animals of any kind from on or near any strata lot, common property, or limited common property, including balconies, patios, or decks Use a barbeque, hibachi, or other cooking device on a balcony, patio, or deck unless it is powered by propane, natural gas, or electricity Store propane cylinders or any other flammable containers on common property or limited common property, including storage lockers and parking stalls Shake mops or dusters of any kind from windows, balcony, or patio or throw any refuse from windows, balconies, patios, or decks Store bicycles, packing boxes, freezers, compost boxes or other items on balconies or patios Place any items on a balcony or patio except free-standing, self-contained, securelyfastened planter boxes, barbecues, summer furniture and accessories Hang planter baskets or any other items from the balcony roof Last Updated: March 31, 2010 Page 6 of 19 Bylaws
(q) (r) (s) (t) (u) Hang laundry, clothing, bedding, or any other personal items from windows, balconies, patios, or decks, or other parts of limited common or common property visible from outside the building Place signs, flags, bill boards, notices, or other advertising matter of any kind on or visible from outside the strata lot Place a satellite dish, television, or radio antenna on a balcony, patio, or deck that is visible above the balcony railing and/or the street, or attach any of these in any way to the building exterior Erect a fence, trellis, cover or enclosure on common or limited property without prior written approval of the strata council. Install window coverings visible from outside the strata lot that are not a neutral beige or white. (5) Parkade (v) Display Christmas lights except between December 1 and January 31. (1) Motor vehicles must display current insurance or proof of storage insurance. (2) Parking stall use is restricted to a currently insured motor vehicle, motorcycle, trailer, or bicycles on wall racks. (3) Owners are responsible for keeping their parking stalls free of oil and grease. Oil spills and grease stains not cleaned within a reasonable time will be cleaned by the strata corporation at the owner s expense. (4) No vehicle work, including oil changes, mechanical adjustments, or vehicle repairs, may be performed in a parking stall or on common property, except in case of emergency. (5) Vehicles must be removed from parking stalls during annual or semi-annual parkade cleaning carried out by the strata corporation. (6) Vehicles parked in violation of any bylaws or rules will be towed at the vehicle-owner s expense. (7) Parking stalls may not be rented, leased, or sold to non-residents. 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, if outside the strata plan, the owners mailing address outside the strata plan. (2) On request by the strata corporation, a tenant must inform the strata corporation of his or her name. Last Updated: March 31, 2010 Page 7 of 19 Bylaws
(3) To ensure maximum security of the 501 property and its residents, owners must inform the strata corporation of all key fobs in their possession, and/or the possession of their tenants, occupiers, or agents during bi- or tri-annual fob re-registration. Any fobs not accounted for during re-registration will be deactivated on the day following the advertised re-registration deadline. 5. Obtain approval before altering a strata lot (1) An owner must request in writing and obtain written approval from the strata corporation before making an alteration to a strata lot that involves any of the following: (c) (d) (e) (f) (g) 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; including for example, adding security devices to the entrance door of a strata lot Fences, railings, or similar structures than 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 (2) Prior to installing hardwood or laminate flooring, an owner must meet the following conditions: Request approval in writing, and obtain written approval from the strata council, to install hardwood or laminate flooring, including underlay (sound deadening material). Council must specifically approve the sound transmission class (STC) rating for the underlay prior to installation. Provided approval is given under subsection 2, the owner must, within 48 hours of completing the installation, provide the strata council with written proof of purchase and underlay STC rating. (3) The strata corporation must not unreasonably withhold its approval under subsection (2) and may also require as a condition of approval that the owner: Agree, in writing, to assume responsibility for any expenses relating to the alteration and pay the full cost of any damages to other strata lots, common property, or limited common property caused by the alteration Acquire and show proof of building permits and completed inspections from the City of Vancouver Last Updated: March 31, 2010 Page 8 of 19 Bylaws
6. Obtain approval before altering common property (1) An owner must request in writing, and obtain written approval of the strata council, before making an alteration to common property, including limited common property, or common assets. (2) The strata council may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration. (3) Balconies and patios must not be enclosed to create additional living space whether permanently or temporarily. (4) All commercial signage must be approved by the strata corporation prior to installation. 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 under the following conditions: In an emergency, without notice, to ensure safety, prevent significant loss or damage to the strata lot or other strata lots, or to protect common property. If the occupant cannot be reached, the strata corporation s representative may gain access by force at the owner s expense. 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 corporation to repair and maintain under these bylaws, or insure under section 149 of the Act, and to ensure compliance with the Act, these bylaws, and the rules of the strata corporation. Written notice must specify the date and approximate time of entry, and reason for entry. (c) Without limiting the foregoing, 48 hours written notice will be given to enter a strata lot for the annual fire inspection service, dryer vent cleaning and/or replacement, sprinkler replacement, washing machine replacement and such other repair and maintenance required by the strata corporation under to the Act, these bylaws, or rules. Division 2 Powers and Duties of Strata Corporation 8. Repair and maintenance of property by strata corporation (1) The strata corporation must repair and maintain all of the following: (c) Common assets of the strata corporation Common property that has not been designated as limited common property Limited common property, where the duty to repair and maintain is restricted to: (i) Repair and maintenance that in the ordinary course of events occurs less often than once a year Last Updated: March 31, 2010 Page 9 of 19 Bylaws
(ii) The following, no matter how often the repair or maintenance ordinarily occurs: 1. The structure of a building 2. The exterior of a building 3. Chimneys, stairs, balconies, and other things attached to the building exterior 4. Doors, windows and skylights on the exterior of a building or that front on the common property 5. Fences, railings and similar structures that enclose patios, balconies and yards Division 3 Council 9. Council size (1) Council must have at least 3 and not more than 7 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. (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 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. Last Updated: March 31, 2010 Page 10 of 19 Bylaws
(5) An owner may not sit on council if the strata corporation is entitled to register a lien against the strata lot. 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 While the president is absent or is unwilling or unable to act For the remainder of the president's term if the president ceases to hold office (4) If an officer other than the president is unwilling or unable to act for a period of 2 or more months, the council members may appoint a replacement officer from among themselves for the remainder of the term. (5) No person may stand for council or continue to be on council if that person is in payment arrears or if the strata corporation is entitled to place a lien against the owner s strata lot. 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: 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 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. Requisition of council hearing (1) By application in writing, stating the reason for the request, an owner or tenant may request a hearing at a council meeting. Last Updated: March 31, 2010 Page 11 of 19 Bylaws
(2) If a hearing is requested under subsection (1), the council must hold a meeting to hear the applicant within 1 month of the request. (3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within 1 week of the hearing. (4) Owners requesting hearing must contact only the Property Manager in writing 16. Quorum of council (1) A quorum of the council is (c) (d) 1, if the council consists of one member 2, if the council consists of 2, 3 or 4 members 3, if the council consists of 5 or 6 members 4, if the council consists of 7 members (2) Council members must be present in person at the council meeting to be counted in establishing quorum. 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: (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 (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 tied vote at a council meeting, the president may break the tie by casting a second, deciding vote. Last Updated: March 31, 2010 Page 12 of 19 Bylaws
(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: Delegates the authority to make an expenditure of a specific amount for a specific purpose Delegates the general authority to make expenditures in accordance with subsection (3) (3) A delegation of a general authority to make expenditures must: Set a maximum amount that may be spent Indicate the purposes for which, or the conditions under which, the money may be spent (4) 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 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 or delegated representative 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 council may authorize, except in emergency situations, to spend up to a maximum of $2,500.00 for any one item or service that was not set out in the annual budged approved by the owners at a general meeting. 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. Last Updated: March 31, 2010 Page 13 of 19 Bylaws
Division 4 Enforcement of Bylaws and Rules 23. Maximum fine The strata corporation may fine an owner or tenant a maximum of: $200 for each contravention of a bylaw $50 for each contravention of a rule 24. Continuing contravention (1) If a bylaw contravention continues without interruption for longer than 7 days, then the strata corporation may impose a fine on an owner every 7 days. (2) Special assessments, fines authorized by these bylaws, banking charges, filing costs, legal expenses, interest charges and any other expenses incurred by the strata corporation to enforce these bylaws, or any rule, become part of the assessment of the owner responsible and become due and payable on the 1 st day of the following month. 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. 27. Voting (1) At an annual or special general meeting, voting cards must be issued to eligible voters. (2) 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. (3) 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. Last Updated: March 31, 2010 Page 14 of 19 Bylaws
(4) 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. (5) 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. (6) 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. (7) An owner of a strata lot that is in arrears is not eligible to vote at a general meeting. 28. Order of business (1) The order of business at annual and special general meetings is as follows: Determine that there is a quorum Certify proxies and corporate representatives and issue voting cards (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) Elect a person to chair the meeting, if necessary Present to the meeting proof of notice of meeting or waiver of notice Approve minutes from the last annual or special general meeting President s Report Ratify any new rules made by the strata corporation under section 125 of the Act Report on insurance coverage in accordance with section 154 of the Act, if the meeting is an annual general meeting Approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an annual general meeting Deal with new business, including any matters about which notice has been given under section 45 of the Act Elect a council, if the meeting is an annual general meeting Open the floor to general discussion and questions, if the meeting is an Annual General Meeting Terminate the meeting (2) Notwithstanding section 48(3) of the Strata Property Act, if at the time appointed for an annual or special general meeting, a quorum is not present, the meeting will be terminated if the meeting was convened upon requisition of members. In any other case, the meeting will stand adjourned for ½ hour from the time appointed at which time, if a quorum is not present for the meeting, the eligible voters present in person or by proxy will constitute a quorum. Last Updated: March 31, 2010 Page 15 of 19 Bylaws
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: All the parties to the dispute consent The dispute involves the Act, the regulations, the bylaws or the rules (2) A dispute resolution committee consists of: One owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties Any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties (3) The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute. Division 7 Rentals 30. Rentals (1) The bylaws and rules of the Strata Corporation are binding upon a tenant. (2) An owner who leases a strata lot to a tenant must deliver to the tenant the current bylaws and rules of the strata corporation and a Notice of Tenant s Responsibilities in Form K. (3) Within two weeks of renting a strata lot, the landlord must give the strata corporation a copy of the Form K Notice of Tenant s Responsibilities, signed by the tenant, in accordance with section 146 of the Act. Division 8 Insurance 31. Insurance (1) An owner, tenant, occupant or visitor must not do, or omit to do, whether deliberately or negligently, any act that would result in costs being incurred by the Strata Corporation. (2) Strata lot owners must carry current homeowners insurance for all contents and betterments made to their strata lot. (3) Strata lot owners must ensure that tenants occupying their strata lots must carry current tenant s insurance for all personal effects. Last Updated: March 31, 2010 Page 16 of 19 Bylaws
(4) An owner of a strata lot must indemnify and save harmless the strata corporation from the expenses of any maintenance, repair, or replacement required to the common property, limited common property, common assets, or to any strata lot by the owner s act, omission, negligence, or carelessness or by that of an owner s occupants, tenants, visitors, agents and, for commercial lot owners, their customers, clients, employees or agents. This holds to the extent that such expense is not reimbursed from the proceeds received via any insurance policy. Any insurance deductible paid to, or payable by, the strata corporation in such circumstances will be considered an expense not covered by the proceeds received by the strata corporation as insurance coverage, and will be charged to the owner. Division 9 Small Claims Actions 32. Small Claims Actions (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 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. Division 10 Privacy 33. The 501 adheres to the BC Personal Information Protection Act. PIPA sets out how BC organizations, including corporations (including strata corporations), sole-proprietorships, partnerships, and non-profit organizations, may collect, use and disclose personal information about individuals. Under PIPA: (1) The strata corporation may collect, from time to time, certain personal information of owners, tenants, and occupants including but not limited to: (i) (ii) (ii) (iii) the name, home address, and home telephone and/or cell phone numbers of owners, tenants and occupants e-mail addresses banking information, in the case of owners, for payment of strata fees video images and voice recordings obtained during the use and operation of the video surveillance system (VSS) installed or to be installed in the building by the strata corporation in the following locations, with signage noting the operation and monitoring and operational 24 hours a day, 7 days a week: Exterior entrance/exit locations for pedestrian and vehicle traffic Interior entrance/exist locations in common areas Last Updated: March 31, 2010 Page 17 of 19 Bylaws
(c) (d) Common activity areas such as gym, spa, and games room As needed in other interior/ exterior common property or limited common property areas to address security, physical safety illegal actions, or bylaw infractions (iv) information and data recorded and collected during the use and operation of the access control system (e.g., key fobs) installed in the building that monitors access to and from the common areas of the building 24 hours a day, 7 days a week (2) Personal information recorded and collected will not be disclosed to any person, other than: the building manager; the strata corporation s strata agent; 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 legal counsel; or law enforcement personnel, except: (i) (ii) (iii) (iv) (v) when required or authorized by law to do so when disclosure is consented to in writing by an owner, tenant, or occupant to up-date banking or financial records when required to collect outstanding strata fees during the course of a criminal investigation involving vandalism to or theft of common property or common assets of the strata 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 that personal information is kept safe from loss, unauthorized access, modification or disclosure. (4) This bylaw authorizes the collection of personal information using the video surveillance system and access control system for the following purposes only: (i) (ii) (iii) (iv) to monitor access to and from the common property areas of the building to protect personal property of owners, tenants, occupants, visitors and invitees to protect common property and common assets of the strata corporation to protect the security and physical safety of owners, tenants, occupants, visitors and invitees to the building Last Updated: March 31, 2010 Page 18 of 19 Bylaws
(5) Personal information collected from the use and operation of the video surveillance system and access control system will be retained by way of electronic data storage for up to 3 days on the strata corporation s computer data storage system at which time the personal information recorded and collected will be recorded over. (6) Requests for access to view a specific individual s personal information, including access to view those portions of the video surveillance or access control system that contain personal information for the individual requesting access, must be made in writing and delivered to the strata corporation s strata agent. Access to the specific individual s personal information, other than personal information recorded and collected using the video surveillance system and the access control system, will be made available in the presence of an elected member of the strata council or the strata corporation s strata agent, within 14 days from the date of the request and copies of personal information will be provided and a reasonable fee will be charged for the copies of the personal information. Personal information recorded and collected using the video surveillance system and the access control system will, provided that the personal information has not previously been recorded over, be made available for inspection within 24 hours from the date of the request and a reasonable fee will be charged for the inspection of that personal information. Last Updated: March 31, 2010 Page 19 of 19 Bylaws