BCS 3426 SILHOUETTE BYLAWS Registered: May 7, 2009, #BB0771708 Amendments: March 13, 2012 September 20, 2011 October 29, 2010 #BB2015909 #BB4015467 #BB1290347
BCS 3426 SILHOUETTE Division 1 - Duties of Owners, Tenants, Occupants and Visitors 1. Payment of Strata fees 1.1 An owner must pay strata fees on or before the first day of the month to which the strata fees relate. 1.2 A special levy is due and payable on the date or dates noted in the resolution authorizing the special levy. 2. Repair and maintenance of property by owner 2.1 An owner must repair and maintain the owner's strata lot, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws. 2.2 An owner who has the use of limited common property must repair and maintain it; except for repair and maintenance that is the responsibility of the strata corporation under these bylaws. 2.3 An owner must keep clear from snow, ice or slush any common property designated as limited common property for the exclusive use of his or her strata lot. 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 (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. 3.2 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. 3.3 An owner shall indemnify and save harmless the strata corporation from the expense of any maintenance, repair or replacement rendered necessary to the common property, limited common property, common assets or to any strata lot by the owner's act, omission, negligence or carelessness or by that of an owner s visitors, occupants, guests, employees, agents, tenants or a member of the owner s family, but only to the extent that such expense is not reimbursed from the proceeds received by operation of any insurance policy. In such circumstances any insurance deductible paid or payable by the Strata Corporation shall be considered an expense not covered by the proceeds received by the strata corporation as insurance coverage and will be charged to the owner. 1
3.4 A resident shall not use or allow their strata lot to be used for commercial or professional purposes other than the rental of their suite. 3.5 The maximum number of residents permitted to reside in a strata lot is limited as follows: (a) in a one-bedroom strata lot - two (2) adults + two young children; (b) in a two-bedroom strata lot - four (4) people; (c) in a three-bedroom strata lot - six (6) people. A person is defined as a resident if they live in the strata lot for over thirty (30) days. 3.6 An owner, tenant or occupant must not, except with the written permission of the Strata Council having first been obtained, alter in any way the exterior appearance of a strata lot, including, but not limited to, the painting of the exterior, or the attachment of sunscreens, greenhouses or communication antennae or dishes. An owner, tenant or occupant of a strata lot must not install any window coverings visible from the exterior of his or her strata lot which are different in size or colour from those of the original building. 3.7 Metallicized or reflective coating or tinting is not permitted on glass windows or doors. 3.8 An owner, tenant or occupant shall not use or permit the use of his/her strata lot for a professional, commercial, business, solicitation or whatsoever other than ordinarily residing in the strata lot. (a) An owner, tenant or occupant shall not use or permit the use of his/her strata lot for purposes that contravene the zoning Bylaws of the City of Burnaby. 3.9 The owner of a strata lot shall be specifically responsible for the activities of co-owners, tenants, occupants, visitors, employees, pets or other invitees of his strata lot. A quiet period shall be in force in the entire complex from 10:00 p.m. until 8:00 a.m. Sunday through Thursday and 11:00 p.m. until 8:00 a.m. Friday and Saturday, at which time owners and everyone else on the premises are expected to take special care and attention to not make noise. 3.10 Owners, tenants and occupants are responsible for any damage to the common property that they do and the owner of the applicable strata lot will be liable for all costs connected with cleaning and repairs. 3.11 No children are allowed to play in the hallways, elevators, lobby or any other common area of the strata plan except in designated recreation areas. 3.12 No owner, tenant, occupant, visitor or otherwise may use the roof top garden between the hours of 11PM and 6AM. 3.13 It is the responsibility of the owner to provide access to their strata lot (including balconies and patios) for inspection and work related purposes in order for the Strata Corporation to perform its duties (as required by the Strata Corporation in accordance with Section 77 of the Strata Property Act) where notice has been given - including the Strata Corporation s Annual Fire Inspection. Owners not providing access to their strata lots with respect to the fore mentioned matters will be fined $35.00 each time access is not provided and will be responsible for any locksmith charges if a locksmith is required to gain access to the suite. 2
4 Pets and animals 4.1 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. 4.2 An owner, tenant or occupant must not keep any pets on a strata lot other than one or more of the following: (a) An owner, tenant, or occupant must not keep animals, livestock, fowl or pets in any strata lot with the exception of not more than one dog or one cat, or as may be permitted by the strata council in writing from time to time at its sole discretion. Those owners/residents with two animals and dogs as permitted by the original developer bylaws registered May 7, 2009 shall be grandfathered in with respect to the pet restrictions until the pet expires. The new pet bylaws take effect on the date of passage by the owners. The owners of pets shall be fully responsible for the behaviour of the pets within the strata lots and common property, and if any pet is deemed to be a nuisance by the strata council, it shall be removed from the development within 30 days. The owner of the strata lot will be responsible for clean up, damage or repair required or caused by the presence of their pets or the pets of their guests in the development. (b) No vicious dogs are permitted in any strata lot or on any portion of the common property. For purposes of this bylaw, a vicious dog means the following: (i) large; any dog that has killed or injured any person or another animal while running at (ii) any dog that aggressively harasses or pursues another person or animal while running at large; (iii) any dog primarily owned or in part for the purpose of dog fighting or is trained for dog fighting; or (iv) Pit Bull Terrier, American Pit Bull Terrier, Pit Bull, Staffordshire Bull Terrier, American Staffordshire Terrier, or any dog of mixed breeding which includes any of these breeds, or any dog which has the appearance and physical characteristics predominately conforming to the standards for any of the above breeds, as established by the Canadian Kennel Club or the American Kennel Club or the United Kennel Club, as determined by a veterinarian licensed to practice in the Province of British Columbia. (c) (d) up to 2 caged birds; one dog or one cat to a maximum height of 17 inches at the shoulder 4.3 Pets of any type are not allowed on the common area grass and garden areas between the buildings (including the surrounding gardens) and the upper terrace garden area. Fines will be levied against residents/owners who allow their pets to defecate on/or walk on these common areas. Pets have to be walked on the sidewalks or roadways and owners must be responsible to clean up after them. 3
4.4 A resident must not keep a pet which is a nuisance on a strata lot, on common property or on land that is a common asset. If a resident has a pet which is in the opinion of council, a nuisance or has caused or is causing an unreasonable interference with the use and enjoyment by residents or visitors of a strata lot, common property or common assets, the council may order such pet to be removed permanently from the strata lot, the common property or common asset or all of them. 4.5 A pet owner must ensure that a pet is kept quiet, controlled and clean. Any excrement on common property or on land that is a common asset must be immediately disposed of by the pet owner. All pets must be on a leash on common property. 4.6 A resident or visitor must not feed birds, rodents or other wild animals from any strata lot, limited common property, common property or land that is a common asset. No bird feeders of any kind are permitted to be kept on balconies, strata lots, common property or land that is a common asset. 5. Parking 5.1 An owner, tenant or occupant of a strata lot is only entitled to the use of a parking stall located in the parking facility pursuant to a partial assignment of the parking lease for that building between Northgate Village Properties Ltd., as landlord, and the tenant. 5.2 An owner, tenant or occupant must use parking stalls only for the parking licensed and insured motor vehicles, trailers, motorcycles or bicycles, and not for the parking of any other type of vehicle or the storage of any other item, or unless otherwise approved in writing by the council. 5.3 An owner, tenant or occupant shall not: (a) (b) (c) (d) (e) (f) use any parking space on the common property or on any limited common property, except the parking space which has been specifically assigned to his or her strata lot, or, when specifically agreed with another owner, the parking space assigned to the strata lot of that owner; carry out any oil changes, major repairs or adjustments to motor vehicles or other mechanical equipment on common property or on any limited common property, except in the case of emergency; rent or lease his or her assigned parking space located on parking level three or four to, or otherwise permit that parking space to be regularly used by, anyone who is not a resident of the development; rent or lease his or her assigned parking space located on parking level two to, or otherwise permit that parking space to be regularly used by, anyone who is not a resident of the development, an owner or employee of a business in the Commercial Air Space Parcel or the Child Care Air Space Parcel immediately adjacent to the strata lots; park any vehicle in a manner which will reduce the width of the garage roadway or ramp or any roadway on the common property or on any limited common property; and use any part of the common property (other than established storage rooms or lockers) for storage, without the written consent of the strata council. 5.4 An owner, tenant or occupant must promptly and at its own expense clean up an oil or other substance which spills or leaks onto the common property. 4
5.5 The visitor parking stalls are for short term use by visitors only and are not to be used by residents for their personal use. 5.6 A resident must not permit any oversized, commercial or recreational vehicles including, but not exhaustively, boats, trailers and campers to enter or be parked or stored on common, limited common property or land that is a common asset. 5.7 A resident must not store unlicensed or uninsured vehicles on the common, limited common property or on land that is a common asset. 5.8 A resident storing an unlicensed vehicle must provide proof of insurance to the strata corporation on the commencement date of the storage. 5.9 A resident must not lease or licence parking stalls to any person other than a resident who is living in the building. 5.10 A resident must park only in the parking stall assigned to the resident. 5.11 A resident or visitor must not permit a vehicle to be parked or left unattended in a manner that interferes with parking stalls, access lanes or no parking zones. 5.12 Any resident s vehicle parked in violation of the parking bylaws will be subject to removal by a towing company authorized by council, and all costs associated with such removal will be charged to the owner of the strata lot. 5.13 A resident or visitor must not use any parking area as a work area for carpentry, renovations, repairs (including, but not exhaustively, sawing, drilling and the use of any adhesive or hardening compounds) or work on vehicles involving any automotive fluids or paints, motor tune ups or mechanical repairs. 5.14 A resident or visitor operating a vehicle in the parking areas must activate the vehicle s headlights and not exceed 7 km/hour. 5.15 A resident must not permit excessive oil or other automotive residue to drip on their parking stalls. Residents will be responsible for cleaning up any oil spillage in their parking stalls and if not cleaned up within 10 days time of written notification the Strata Corporation will clean up the parking spaces costs of which will be charged to the owner of the strata lot. Continuous oil spills will result in prohibition from parking in the designated stall spaces and on common property until such time the vehicle is repaired properly. 5.16 Motor vehicles found in unauthorized areas will be removed immediately, without notice, at the vehicle owner s sole expense. 5.17 No motor vehicles shall be parked in a manner that will reduce the width of the garage, roadway, neighbor s parking spaces, stairwells and/or walkways. Motor vehicles found parked in this manner shall, without notice, be removed at the vehicle owner s sole expense. 5.18 Parking spaces are not to be used for storage of any kind. The strata corporation will remove any items stored in an owner s parking space and any costs incurred in doing so shall be assessed against the strata lot owner s strata account. 5.19 No repairs to motor vehicles shall be carried out on common property. 5
5.20 No cardboard, carpet, drip pan, or kitty litter is allowed to be used in any of the parking spaces to absorb/contain oil or other fluid drips or spills. 5.21 An owner, tenant and occupant shall only wash motor vehicles in a designated car wash area. 5.22 Fire lanes must not be obstructed at any time. 5.23 A resident s personal vehicles must not be parked in the visitor stalls for any reason at any time; the definition of a resident for this bylaw is a resident that lives either full time or part time at The Silhouette. 5.24 Vehicles not permitted in visitor s parking will be towed at the owner s expense. 5.25 Parking in the stalls between the North and South Tower is allowed for a maximum of 15 minutes only. 5.26 Visitor parking is limited to 24 hours only. Longer visits may be up to 72 hours with permission from the Resident Manager. Anyone parking in the Visitor parking must, for any length of time, display a parking pass. 6. Inform Strata Corporation 6.1 Within 2 weeks of becoming an owner, an owner must inform the strata corporation of the owner's name, strata lot number, mailing address and phone number outside the strata plan, if any. 6.2 On request by the strata corporation, a tenant must inform the strata corporation of his or her name. 6.3 Owners must provide the strata corporation with their vehicle licence plate number. 7. Obtain approval before altering a strata lot 7.1 An owner must obtain the written approval of the strata corporation before making an alteration to a strata lot that involves any of the following: (a) the structure of a building; (b) the exterior of a building; (c) chimneys, stairs, balconies or other things attached to the exterior of a building; (d) doors, windows or skylights [amendment SPAA s. 51(a)] on the exterior of a building, or that front on the common property; (e) fences, railings or similar structures that enclose a patio, balcony or yard; (f) common property located within the boundaries of a strata lot; (g) those parts of the strata lot which the strata corporation must insure under section 149 of the Act. 7.2 The strata corporation must not unreasonably withhold its approval under subsection (1), but may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration. 7.3 This section does not apply to a strata lot in a bare land strata plan. 7.4 In order to minimize noise transfer between strata lots, no hard surfaced floors may be installed on floor areas directly over another strata lot without prior written approval of the strata council. For purposes of this bylaw, hard surfaced floors means any non-resilient surface such as hardwood, plastic laminate, ceramic tile, stone, and the like. 7.5 Hardwood floors and ceramic tiles must be installed in accordance with the following: 6
(a) (b) (c) (d) (e) (f) (g) Hours of work: Mondays to Saturdays from 9:00 am to 5:00 pm. No work on Sundays or Holidays. Floating hardwood floor only. Contractor is responsible for removing all debris, old carpet, boards, drywall, etc. from The Silhouette. No debris of any kind is to be placed in the dumpster or the recycling bins. Contractor is responsible for cleaning the hallways, stairwells and elevator of any dust, dirt, debris, etc. at the end of each working day. Security: owner and contractor are responsible for the security of the building at all times. Elevator must be booked to transport any material to and from the suite. Any work involving jack hammering, chipping or grinding is limited to the hours of 11:00 a.m. to 3:00 p.m. (maximum 4 hours per day), Monday to Fridays only. There is to be no jack hammering, chipping or grinding on weekends or on statutory holidays. 7.6 Under no circumstances will an owner be permitted to increase the number of bedrooms in a strata lot unless the owner is restoring the strata lot back to the original development (developers) floor plan not exceeding its specifications. 7.7 Owners are not allowed to partition or sub-divide existing rooms in their strata lot unless the owner is restoring the strata lot back to the original development (developers) floor plan not exceeding its specifications. 7.8 Residents are not to utilize storage rooms or closets for sleeping arrangements. 8. Obtain approval before altering common property 8.1 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. 8.2 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. 9. Permit entry to strata lot 9.1 (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. (c) to ensure a resident s compliance with the Act, bylaws and rules. (d) If forced entry to a strata lot is required due to required emergency access and the inability to contact the owner of the strata lot, the owner shall be responsible for all costs of forced entry incurred by the strata corporation. 7
(2) The notice referred to in subsection (1) (b) must include the date and approximate time of entry, and the reason for entry. 10. Administration of common area user fees 10.1 The Strata Council shall have the authority to implement fees for the use and or rental of the common property (and Resident Manager Suite) areas noted as follows: (a) (b) (c) the guest suite(s); the amenity room(s); the Resident Manager suite. 10.2 The Strata Council shall have the authority to implement fees, and limit the number, as shall be prescribed from time to time, within the strata corporation rules, for the administration and provision of common area access keys and fobs. Division 2 - Powers and Duties of Strata Corporation 11. Repair and maintenance of property by Strata Corporation 11.1 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) 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) the structure of a building; (B) the exterior of a building; (C) chimneys, stairs, balconies and other things attached to the exterior of a building; (D) doors, windows and skylights [amendment SPAA s.51(c)] on the exterior of a building or that front on the common property; (E) fences, railings and similar structures that enclose patios, balconies and yards; (F) decks and patios; (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) the structure of a building, (ii) the exterior of a building, (iii) chimneys, stairs, balconies and other things attached to the exterior of a building, 8
(iv) doors, windows and skylights [amendment SPAA s.51(c)] on the exterior of a building or that front on the common property, and (v) fences, railings and similar structures that enclose patios, balconies and yards. 12. Council size Division 3 - Council 12.1 Subject to subsection (2), the council must have at least 4 and not more than 11 members. 13. Council members' terms 13.1 The term of office of a council member ends at the end of the annual general meeting at which the new council is elected [amendment SPAA s.51(c)]. 13.2 A person whose term as council member is ending is eligible for re-election [note deletion of s. 10(3), (4) and (5) SPAA s. 51(d)]. 14. Removing council member 14.1 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. 14.2 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. 15. Replacing council member 15.1 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. 15.2 A replacement council member may be appointed from any person eligible to sit on the council. 15.3 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. 15.4 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. 16. Officers 16.1 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. 16.2 A person may hold more than one office at a time, other than the offices of president and vice president. 16.3 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. 9
16.4 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. 17. Calling council meetings 17.1 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. 17.2 The notice does not have to be in writing. 17.3 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. 17.4 The council must inform owners about a council meeting as soon as feasible [amendment SPAA s. 51(e)] after the meeting has been called. 18. Requisition of council hearing 18.1 By application in writing, stating the reason for the request, an owner or tenant may request a hearing at a council meeting. 18.2 If a hearing is requested under subsection (1), the council must hold a meeting to hear the applicant within one month [amendment SPAA s. 51(f)] of the request. 18.3 If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week of the hearing. 19. Quorum of council 19.1 A quorum of the council is (a) (b) (c) (d) (e) 2, if the council consists of 2, 3, or 4 members 3, if the council consists of 5 or 6 members, and 4, if the council consists of 7 or 8 members 5, if the council consists of 9 or 10 members 6, if the council consists of 11 members 19.2 Council members must be present in person at the council meeting to be counted in establishing quorum. 20. Council meetings 20.1 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. 20.2 If a council meeting is held by electronic means, council members are deemed to be present in person. 20.3 Owners may attend council meetings as observers only as permitted by Council. All requests to attend must be received in writing 3 business days prior to any meeting. 10
20.4 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. 21. Voting at council meetings 21.1 At council meetings, decisions must be made by a majority of council members present in person at the meeting. 21.2 Unless there are only 2 strata lots in the strata plan, if there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote. 21.3 The results of all votes at a council meeting must be recorded in the council meeting minutes [amendment SPAA s. 51(g)]. 22. Council to inform owners of minutes 22.1 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. 23. Delegation of council's powers and duties 23.1 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. 23.2 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). 23.3 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. 23.4 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. 24. Spending restrictions 24.1 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. 24.2 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. 11
25. Limitation on liability of council member 25.1 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. 25.2 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 26. The strata corporation may fine an owner or tenant a maximum of (a) $200.00 for each contravention of a bylaw, and (b) $50.00 for each contravention of a rule. 27. Continuing contravention 27.1 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. 28. Person to chair meeting Division 5 - Annual and Special General Meetings 28.1 Annual and special general meetings must be chaired by the president of the council. 28.2 If the president of the council is unwilling or unable to act, the meeting must be chaired by the vice president of the council. 28.3 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. 28.4 Quorum: If at the time appointed for a general meeting, a quorum is not present, the meeting shall stand adjourned for a period of thirty minutes whereupon the adjourned meeting shall be reconvened at the same place and date and the persons present in person or by proxy and entitled to vote, shall constitute a quorum. 29. Participation by other than eligible voters 29.1 Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote. 29.2 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. 29.3 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. 30. Voting 30.1 At an annual or special general meeting, voting cards must be issued to eligible voters. 12
30.2 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. 30.3 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. 30.4 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. 30.5 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. 30.6 If there are only 2 strata lots in the strata plan, subsection (5) does not apply. 30.7 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. 31. Order of business 31.1 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 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. 13
32. Voluntary dispute resolution Division 6 - Voluntary Dispute Resolution 32.1 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. 32.2 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. 32.3 The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute. 33. Authorization to proceed 33.1 The strata corporation may proceed under the Small Claims Act, without further authorization by the owners, to recover from an owner, by an action in debt in Small Claims Court, money owing to the strata corporation, including money owing as administration fees, bank charges, fines, penalties, interest or the costs, including legal costs, of remedying a contravention of the bylaws or rules and to recover money which the strata corporation is required to expend as a result of the owner's act, omission, negligence or carelessness or by that of an owner s visitors, occupants, guests, employees, agents, tenants or a member of the owner's family. 34. Display lot Division 7 - Marketing Activities by Owner Developer 34.1 An owner developer who has an unsold strata lot may carry on sales functions that relate to its sale, including the posting of signs. 34.2 An owner developer may use a strata lot, that the owner developer owns or rents, as a display lot for the sale of other strata lots in the strata plan. 34.3 During the time the owner/developer of the strata lots and strata corporation remains the registered owner of any strata lot, the owner/developer shall have the right to maintain and use such strata lots as display units and sales offices and carry out such sales functions as the owner/developer deems necessary to enable the sale and marketing of all strata lots in the development including, without limitation, the following: (a) (b) erecting and placing directorial, locational and advertising signage on the individual strata lots owned by the owner/developer and on the common property; encouraging and allowing prospective purchasers to view the strata lots owned by the owner/developer, the common property and all common facilities; and 14
(c) erecting signage in any yard areas, the lobby, and on the front of the display units and sales office, which signage will be removed by the owner/developer at the conclusion of all sales and marketing activities. 34.4 In order to allow the owner/developer of the strata lots to market and sell the strata lots, the owner/developer may, until the completion of the sale of the last strata lot in the development by the owner/developer or a company related to the owner/developer designate for the owner/developer exclusive use up to twenty-five parking stalls, being a portion of the common property, for the owner/developer s sales staff, agents and prospective purchasers. 35. Moving In/Out Procedures Division 8 Moving and Rentals 35.1 All moves in and out of the building must be booked at least 48 hours in advance with the resident manager. 35.2 Move in and move outs are restricted to between the hours of 9:00 am and 3:00 pm Monday through Sunday. No moves on Holidays. 35.3 A resident must ensure that the lobby doors are not left open, ajar or unattended and that furniture is not left piled in the lobby area. 35.4 A resident must ensure that all common areas are left damage free, clean and all hallways and lobby areas vacuumed immediately upon completion of the move. 35.5 A resident contravening bylaws 35.1 to 35.2 (inclusive) shall be subject to a fine of $200.00. 35.7 Within one 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. 35.8 Where an owner leases a strata lot in contravention of bylaw 35.7, the owner shall be subject to a fine of $200.00 and the strata corporation shall take all necessary steps to terminate the lease or tenancy, including, but not limited to, seeking a declaration or Court injunction to enforce the bylaw. Any legal costs incurred by the strata corporation in enforcing the rental restriction bylaws shall be the responsibility of the contravening owner and shall be recoverable from the owner on a solicitor and own client basis by the strata corporation. 35.9 For the purpose of these Bylaws, "lease" or "leased" shall include any agreement whatsoever, whether written or oral, express or implied, predetermined expiry date or not, between an owner and another person, firm or corporation respecting possession and/or occupancy of a strata lot, including a month-tomonth tenancy. Please note: Bylaw # 35.10-35.17 (inclusively) have been removed. 35.18 No short term rentals/leases will be permitted. For the purpose of these bylaws short term is defined by any rental or lease period shorter than 180 days. 35.19 All move-ins or move-outs must be scheduled with the resident manager in writing 14 days prior to the date of the move. 15
35.20 There will be a $100.00 moving fee for weekday moves and $200.00 on Saturdays payable to the Strata Corporation and also a security deposit of $200.00, refundable if no damages were done to the common area. This fee will be used towards repairing any damage caused by the moves. Any damage to the front lobby or passageways in excess of the $250.00 damage deposit will be assessed to the strata lot and/or billed to the owner responsible. 35.21 Owners are responsible for the cost of the repairs for any damages incurred during a move in or out. Division 9 Miscellaneous 36.1 A resident must not allow a strata lot to become unsanitary or untidy. Rubbish, dust, garbage, boxes, packing cases and other similar refuse must not be thrown, piled or stored in the strata lot or on common property. Any expenses incurred by the strata corporation to remove such refuse will be charged to the strata lot owner. 36.2 A resident must ensure that ordinary household refuse and garbage is securely wrapped and placed in the containers provided for that purpose, recyclable material is kept in designated areas and material other than recyclable or ordinary household refuse and garbage is removed appropriately. 36.3 Owners of strata lots whose residents or guests contravene the waste disposal bylaws 36.1 through to bylaw 36.2 and who do not properly dispose their household waste in the compactor and into the appropriate recycle containers provided; or leave garbage in common areas will incur a $200.00 fine. 36.4 Residents are responsible for the conduct of visitors including ensuring that noise is kept at a level, in the sole determination of a majority of the council that will not disturb the rights of quiet enjoyment of others. 36.5 A resident or visitor must not smoke anywhere on common property. 36.6 A resident or visitor must not wear or use, as the case may be, inline skates, bicycles, scooters or skateboards ANYWHERE in the building, including a strata lot. 36.7 A resident or visitor must not use common property electrical outlets with the exception of parking area outlets used while vacuuming a vehicle. 36.8 A resident must not solicit or pass out, erect or display or permit to be erected or displayed any signs, fences, billboards, placards, advertising, notices or other fixtures of any kind on the common property or in a strata lot. 36.9 A resident must ensure that all entrance doors to strata lots are kept closed and kitchen extract fans are used when cooking. 36.10 A resident or visitor 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. 36.11 A resident must ensure that no air conditioning units, 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. 36.12 A resident must ensure that Christmas lights are installed after December 1st of the year approaching Christmas and removed before January 15th of the year following Christmas. 36.13 A resident must ensure no material substances including burning material such as cigarettes or matches are thrown or allowed to fall out from windows, doors, or balconies of the strata lot or other common property. 36.14 Only artificial Christmas trees are permitted in suites. 16
36.15 No real estate signs or notices are permitted to be placed in a strata lot, on common area windows or on the common property. 36.16 No key lockboxes, including real estate key boxes, are allowed to be placed on common area (including limited common area) property by realtors or owners. 36.17 An owner, tenant, occupant or agent of an owner may not hold an open house under any circumstances whatsoever nor leave open or unlocked any entrance door to the strata plan for the purpose of open house selling. Viewing is restricted to a By Appointment Only basis. Potential buyers must be escorted to and from the strata lot by the owner, tenant or selling agent. 36.18 A resident must not bring bicycles above the parking levels of the complex. All bicycles must enter or exit the building by the parking levels only and be store inside the provided bicycle storage areas only. 36.19 The Strata Corporation assumes no responsibility for bicycles stored in any of the designated bicycle storage rooms. 36.20 No part of the common property except areas designated by the strata corporation will be used for storage without the prior written consent of the council. 36.21 The Strata Corporation assumes no responsibility for the contents stored in lockers assigned to a strata lot. 36.22 Electric BBQs and patio furniture are allowed on balconies and patios. Balconies and patios shall not be used to store items, including but not limited to bicycles and/or appliances. No propane or charcoal BBQ s allowed. 36.23 Balcony cleaning must be done with a damp mop. Excessive use of water to clean balconies will result in fines being assessed against the strata lot. 36.24 Neither children nor pets may be left unattended on a balcony. 36.25 A resident must not store any hazardous or flammable substances in storage lockers. 36.26 No smoking on common property including balconies 17