Colonial Bylaws

STRATA PLAN NW 2777

THE COLONIAL

BYLAWS

REVISED MAY 2016

For legal purposes, a true copy of the bylaws is available at the Land Titles Office.

Please retain these bylaws for your records, as there is a charge for additional copies.

SCHEDULE OF STANDARD BYLAWS

DIVISION 1 – DUTIES OF OWNERS, TENANTS, OCCUPANTS AND VISITORS

1. Compliance with Bylaws and Rules

1.1 All residents and visitors must comply strictly with the bylaws and rules of the strata corporation adopted from time to time

2. Payment of strata fees and special levies

2.1 An owner must pay strata fees on or before the first day of the month to which the strata fees relate.

2.2 Where an owner fails to pay strata fees in accordance with bylaw 2.1 outstanding fees will be subject to an interest charge of 10% per annum, compounded annually. In addition to interest, failure to pay strata fees on the due date will result in a fine of $25 for each contravention of bylaw 2.1.

2.3 An owner must provide the strata corporation or its agent with (12) consecutive, monthly post-dated cheques for strata fees for the fiscal year of the strata corporation, dated as of the first day of each month, or if applicable, written authorization for monthly automatic debit from the owner’s bank account.

2.4 Failure by an owner to submit twelve (12) monthly, post-dated strata fee cheques or written authorization for automatic debit in accordance with bylaw 2.3 is a contravention of bylaw 2.3 and the strata corporation will levy a fine of $10 for each contravention. Each dishonored cheque or dishonored automatic debit will be subject to a fine of $25 and an administrative charge of $25.

2.5 A special levy is due and payable on the date or dates noted on the resolution authorizing the special levy.

2.6 Failure to pay a special levy on the due date will result in a fine of $50 for each contravention of bylaw 2.5.

2.7 Where an owner fails to pay a special levy in accordance with bylaw 2.5, outstanding special levies will be subject to an interest charge of 10% per annum, compounded annually.

3. Repair and maintenance of property by owner

3.1 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.

3.2 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.

3.3 Owners to whom interior halls and stairways have been assigned as limited common property shall clean and maintain said area jointly with all other owners to whom such limited common property has been assigned. The routine cleaning responsibilities and aesthetic improvements including paint and floor coverings are to be equally shared by the unit holders (owners). A decision to proceed with – improvements to a four-plex entrance requires consent of at least 3 of the 4 unit holders who have the exclusive use of the limited common property. Routine

3.4 Cleaning is to be equally shared by unit holders – if this working relationship is not possible – the strata corporation may hire an outside cleaner and those costs would be the responsibility of the unit holders who have the exclusive use of the limited common property. Costs for cleaning fee will be due and payable on the same schedule as strata fees immediately following the cleaning work.

4. Use of property

4.1 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.

4.2 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 that the Strata Corporation must repair and maintain under these bylaws or insure under section 149 of the Act.

5. Pets and Animals

5.1 An owner, tenant or occupant must not keep any pets on a strata lot other than one or more of the following

(a) Up to 2 caged birds
(b) One indoor cat
(c) One small fish aquarium maximum 10 gallons
(d) No small mammals
(e) No reptiles
(f) No dogs

5.2 An owner, tenant, occupant or visitor must ensure that all animals are leased or otherwise secured on the common property or on land that is a common asset.

5.3 The owner of pets shall be responsible for their behavior while on common property. If a pet is deemed to be a nuisance by the strata council, the pet shall be removed from the strata corporation within thirty (30) days. Strata Lot owners are responsible for advising their visitors of the rules concerning pets and will be responsible for any clean-up or damage repair caused by their guest’s pets.

5.4 No owner shall feed pigeons, seagulls, crows, starlings or other large birds from any strata lot or common property.

6. Age

6.1 All persons who occupy a strata lot must be 19 years of age or older.

7. Inform Strata Corporation

7.1 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.

7.2 On request by the Strata Corporation, a tenant must inform the Strata Corporation of his or her name.

8. Obtain approval before altering a Strata Lot

8.1 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:

I. the structure of a building;
II. the exterior of a building;
III. patios, chimneys, stairs, balconies or other things attached to the exterior of a building;
IV. doors, windows or skylights, on the exterior of a building, or that front on the common property;
V. fences, railings or similar structures that enclose a patio, balcony or yard;
VI. common property located within the boundaries of a Strata Lot;
VII. those parts of the Strata Lot which the Strata corporation must insure under section 149 of the Act.
VIII. If the alteration to an individual Strata Lot requires and or involve altering or modifying any plumbing or electrical a certified, bonded and insured plumber or electrician must be used. The Owner must apply for approval from the Strata Council prior to commencing the said work, in conjunction with Bylaw 8.2 Proceeding with this type of renovation without prior Council approval could result in a Fine being assessed.

8.2 An owner intending to apply to the Strata Corporation for permission to alter a Strata Lot must submit, in writing, detailed plans and written description of the intended alteration.

8.3 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 and to indemnify and hold harmless the Strata Corporation for any future costs in connection with the alteration.

9. Obtain approval before altering Common Property

9.1 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

9.2 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.

9.3 Refer to Bylaw BH257944 (1994-07-08) for specifics of owner’s responsibility

10. Renovations

10.1 An owner must give the council two working days prior notice of the scheduled arrival of tradespersons or delivery of materials. Tradespersons must be licensed and bonded. Inadequate notice or work by unlicensed or non bonded tradespersons will result in the levy of fines.

10.2 An owner or their resident must not permit any construction debris, materials or packaging to be deposited in the Strata Corporation’s disposal containers.

10.3 An owner or their resident must ensure that common entrances are protected and cleaned during construction.

10.4 An owner must establish agreed upon construction times (hours and days) in writing with the Strata Corporation.

10.5 An owner must be in attendance for all SIGNIFICANT renovations – alterations the determination of SIGNIFICANT shall be in the discretion of the Strata Council.

10.6 An owner in contravention of bylaws 10.1 to 10.5 (inclusive) shall be subject to a fine of $100 for each contravention, as well as be responsible for any clean up or repair costs.

11. Permit entry to Strata Lot

11.1 An owner, tenant, occupant or visitor must allow a person authorized by the Strata Corporation to enter a Strata Lot or limited common property

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.; and
c) to ensure a resident’s compliance with the Act, bylaws and rules.

11.2 If forced entry to a Strata Lot is required due to required emergency access and the inability to contact the owner exists, the owner shall be responsible for all costs of forced entry incurred by the Strata Corporation.

11.3 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

12. Repair and maintenance of property by Strata Corporation

12.1 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) 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. patios, chimneys, stairs, balconies and other things attached to the exterior of a building;

D. doors, windows or skylights, 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;
d) a Strata Lot, but the duty or 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,
iv) doors and windows 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.

DIVISION 3 – COUNCIL

13. Council Size

13.1 the council must have at least 3 and not more than 7 members.

14. Council Eligibility

14.1 An owner or the spouse of an owner may stand for council, but not both.

14.2 No person may stand for council or continue to be on council with respect to a Strata Lot if the Strata Corporation is entitled to register a lien against the Strata Lot under section 116 (1) of the Act.

14.3 No person may stand for council or continue to be on council with respect to a Strata Lot if there are amounts owing to the Strata Corporation charged against the Strata Lot in respect of administration fees, bank charges, fines, penalties, interest or the costs, including the legal costs, of remedying a contravention of the bylaws or rules.

14.4 No person may stand for council or continue to be on council with respect to a Strata Lot if there are amounts owing to the Strata Corporation charged against the Strata Lot in respect of administration fees, bank charges, fines, penalties, interest or the costs, including the legal costs, of remedying a contravention of the bylaws or rules for which the owner is responsible under section 131 of the Act.

15. Council Members’ Terms

15.1 The term of office of a council member ends at the end of the annual general meeting at which the new council is elected.

15.2 A person whose term as council member is ending is eligible for reelection

16. Removing council members

16.1 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.

16.2 After removing a council member, the Strata Corporation must hold an election at the same annual or special meeting to replace the council member for the remainder of the term.

17. Replacing council member

17.1 If a council member resigns or is unwilling or unable to perform their duties, the remaining members of the council may appoint a replacement council member for the remainder of the term.

17.2 A replacement council member may be appointed from any person eligible to sit on the council.

17.3 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.

17.4 If all the members of the council resign or are unwilling or unable to act 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.

18. Officers

18.1 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.

18.2 A person may hold more than one office at a time, other than the offices of president and vice president.

18.3 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

18.4 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.

19. Calling council meetings

19.1 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.

19.2 The notice does not have to be in writing.

19.3 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.

19.4 The council must inform owners about a council meeting as soon as feasible after the meeting has been called.

20. Requisition of council hearing

20.1 By application in writing, stating the reason for the request, an owner or tenant may request a hearing at a council meeting.

20.2 If a hearing is requested under subsection (1), the council must hold a meeting to hear the applicant within one month of the request.

20.3 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.

21. Quorum of council

21.1 A quorum of the council is

a) 1, if the council consists of one member,
b) 2, if the council consists of 2, 3 or 4 members
c) 3, if the council consists of 5 or 6 members, and
d) 4, if the council consists of 7 members.

21.2 Council members must be present in person at the council meeting to be counted in establishing quorum.

22. Council meetings

22.1 The council may meet together for the conduct of business, adjourn and otherwise regulate its meetings as it sees fit.

22.2 Owners and spouses of owners may attend council meetings as observers.

22.3 Despite subsection (2), no observers may attend those portions of council meetings that deal with any of the following:

a) by law contravention hearings under section 15 of the Act;
b) rental restriction bylaw exemption hearings under section 144 or the Act.
c) any other matters if the presence of observers would, in the council’s opinion, unreasonably interfere with an individuals’ privacy.

23. Voting at council meetings

23.1 At council meetings, decisions must be made by a majority of council members present in person at the meeting.

23.2 If there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote.

23.3 The results of all votes at a council meeting must be recorded in the council meeting minutes.

24. Council to inform owners of minutes

24.1 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.

25. Delegation of council’s powers and duties

25.1 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.

25.2 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).

25.3 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.

25.4 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.
d) Whether an owner should be granted an exemption from a rental restriction bylaw under section 144 of the Act.

26. Spending restrictions

26.1 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.

26.2 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.

27. Limitation on liability of council member

27.1 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.

27.2 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

28. Fines

28.1 Except where specifically stated to be otherwise in these bylaws, the Strata Corporation may fine a resident (subject to the provisions of section 135 of the Act which sets out the procedure to be followed in levying fines)

a) $100.00 for each contravention of a bylaw
b) up to $50.00 for each contravention of a rule.

28.2 The council must levy fines if it determines in its discretion that a resident is in contravention of any bylaws or rules of the Strata Corporation. The fines so levied shall be immediately added to the strata fees for the Strata Lot and shall be due and payable together with the strata fees for the Strata Lot in the next month following such a contravention of the rules or bylaws.

29. Continuing Contravention

29.1 If any 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

30. Quorum of Meeting

30.1 If within 15 minutes from the time appointed for an annual or special general meeting, a quorum is not present, the meeting stands adjourned for a further 15 minutes on the same day and at the same place. If within a further 15 minutes from the time of the adjournment, a quorum is not present, the eligible voters, present in person or by proxy, constitute a quorum.

The bylaw is an alternative to section 48 (3) of the Act. This bylaw does not apply to a meeting demanded pursuant to Section 43 of the Act and failure to obtain a quorum for a meeting demanded pursuant to Section 43 terminates and does not adjourn, that meeting.

31. Person to chair meeting

31.1 The president of the council must chair annual and special general meetings.

31.2 If the president of the council is unwilling or unable to act, the meeting must be chaired by the vice president of the council.

31.3 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.

32. Participation by other than eligible voters

32.1 Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote.

32.2 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 chairperson of the meeting.

32.3 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.

33. Voting

33.1 At an annual or special general meeting, voting cards must be issued to eligible voters.

33.2 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.

33.3 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.

33.4 The outcome of each note, 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.

33.5 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.

33.6 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.

33.7 Except on matters requiring a unanimous vote, the vote for a Strata Lot may not be exercised if there are amounts owing to the Strata Corporation charged against the Strata Lot in respect of administration fees, bank charges, fines, penalties, interest or the costs, including the legal costs, of remedying a contravention of the bylaws or rules, including legal costs, for which the owner is responsible.

34. 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 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.

DIVISION 6 – VOLUNTARY DISPUTE RESOLUTION

35. Voluntary dispute resolutions

35.1 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.

35.2 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.

35.3 The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

36. Authorization to Proceed

36.1 The Strata Corporation may proceed under the Small Claims Act, without further authorization by the owners, to recover from an owner or other person, 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, quests, employees, agents, tenants or a member of the owner’s family.

DIVISION 8 – RENTALS

37. Rentals

37.1 Residential Rentals (a) The number of Strata lots (including part strata lots) within the strata corporation that may be leased at any one time is limited to four (4).

37.2 An owner wishing to lease a Strata Lot or part of a Strata Lot must apply in writing to the council for permission to rent before entering into a tenancy agreement. For greater certainty, bylaws 37.1 through 37.8 apply to a new rental and change of tenant.

37.3 If the number of Strata Lots leased at the time an owner applies for permission to lease has reached the limit stated in bylaw 37.1 excluding exempt Strata Lots pursuant to sections 143 or 144 of the Act, the council must refuse permission and notify the owner of the same in writing, as soon as possible stating that the limit has been reached or exceeded, as the case may be, and place the owner of the Strata Lot on the waiting list to be administered by the council based upon the date of the request for permission to rent.

37.4 If the limit stated in the bylaw 37.1 has not been reached at the same time the owner applies for permission to lease a Strata Lot, excluding exempt Strata Lots pursuant to sections 143 or 144 of the Act, the Council shall grant permission and notify the owner of the same in writing as soon as possible.

37.5 An owner receiving permission to lease a Strata Lot must exercise the permission to lease within 90 days from the date that council granted the same, otherwise the permission expires. During the 90 days immediately following the grant of permission, the Strata Lot shall be deemed leased for the purposes of the limit stated in bylaw 37.1.

37.6 Prior to the possession of a Strata Lot by a tenant, an owner must deliver to the tenant the current bylaws and rules of the Strata Corporation and a Notice of the Tenant’s Responsibilities in Form K.

37.7 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.

37.8 Where an owner leases a Strata Lot in contravention of bylaws 37.1, 37.2 or 37.3, the owner shall be subject to a fine of $500 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.

DIVISION 9 INSURANCE

38. Insurance

38.1 The Strata Corporation must insure against major perils, as set out in regulation 9, (2), including, without limitation, earthquakes.

a) All Owners both new and preexisting, must provide to the Strata Council, proof of Home Owners Insurance which includes insurance to cover the deductible for the Strata Corporation. Council can advise you of the current deductible. Council requires a copy of your Homeowner’s insurance policy before the anniversary date each year.

38.2 In the event that loss or damage occurs to common property or limited common property or common facilities that gives rise to a valid claim under the Strata Corporation’s insurance policy, it is agreed and understood that: “if the origination of the loss is within the interior confines of an individual Strata Lot the deductible of the Strata Corporation’s policy relative to the loss shall be paid by the individual Strata Lot owner in whose lot the cause of the damage originated.

38.3 The foregoing will also hold true if the careless, negligent or inattentive acts of a Strata Lot owner causes damage outside the Strata Lot and the origination of the loss is anywhere on the premises.

38.4 In the event that an owner or any member of their family or their quest, servant or agents cause damage to common property, limited common property or common facilities and the damage so caused is not covered by insurance, the Strata Lot owner shall be held responsible for such loss and prompt reimburse the Strata Corporation for the full costs of repair or replacement of the damage done.

38.5 The only exception to the foregoing is where the loss originates from the rupture or malfunction of a permanent public facility supply line or sewer system that extends from common property into an individual unit, in which case the deductible shall be the responsibility of the Strata Corporation. It is further agreed and understood that where any loss or damage originates from “common property” as defined in the Strata Property Act and is not the responsibility of a Strata Lot Owner as previously defined, the deductible then shall be the responsibility of the Strata Corporation.

38.6 In the event of glass breakage, glass damage originating from within is deemed as the responsibility of the owner whereas glass damage originating from the outside is deemed the responsibility of the Strata Corporation.

38.7 Damage to personal property of an owner or occupant of the unit, together with any upgrading, substituting or improvements or betterments to the unit that have been made or acquired by the present owner from those originally installed shall be the responsibility of the owner.

DIVISION 10 APPEARANCE AND CLEANLINESS OF STRATA LOTS

39. Appearance and Cleanliness

39.1 The Strata Council shall not withhold consent for sunscreens/patio covers providing they are white and are to be attached to the rear units only.

39.2 Council shall not withhold permission for installations of air conditioners, providing it is a wall type unit, to be placed in a window without removal of such window and does not extend out of the window by more than 6 inches.

39.3 Temporary clotheslines shall be allowed at the rear of the building only and no sheets, clothes, towels, etc., shall not be hung over the railings or balconies or patios. Clothes horses shall be allowed on all rear patios.

39.4 An owner shall allow no signs, billboards, notices or other advertising matter of any kind to be placed on any part of his Strata Lot, limited common property, or on the common property without the prior written consent of council or except as specifically permitted by the regulations of the Strata Corporation.

39.5 Window coverings viewed from the exterior of the building shall be white (or off-white). Window Blinds that are broken and or unsightly must be replaced at Owners expense.

39.6 Seasonal patio or window decorations including Christmas lights can be displayed from November 15th through to January 15th whereby they must be removed and or uninstalled

39.7 Patios and decks shall be kept in a clean and tidy condition and not used for the keeping of unsightly or inappropriate items for storage.

39.8 An owner or 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 common property. Any expenses incurred by the Strata Corporation to remove such refuse and restore the Strata Lot to a safe and sanitary standard will be charged to the Strata Lot owner.

PARKING

40. Parking

40.1 The residents of each Strata Lot may use only the one carport space designated as the limited common property of the Strata Lot.

40.1(a) Parking and Battery Charging for Mobility Scooters

-Parking of Mobility Scooters are not permitted in the common hallway of fourplex units as per the B.C. Building Code 3.4.4.4. Integrity of Exits 6) An exit shall be designed for no purpose other than for exiting, except that an exit is permitted also to be designed to serve as an access to a floor area. Exit corridors are designed to facilitate exiting only, they are not to be used for storage. Confirmed and validated by the Maple Ridge Fire Department.

-Mobility Scooters being used by an Owner must be parked at the end of their individual carport stall. Securing of the scooters to the concrete wall can be requested to the Strata Council with all costs incurred being paid by the Owner of said unit.

-The charging of the battery on the mobility scooter must be done via the GFI outlet provided in the rear carport area. Charging of these batteries is not permitted on common property and residential extension cords are not permitted for charging these types of batteries on Commercial/Strata property.

The cost of using ”common hydro power” will be a nominal fee charged back to the individual Owner that makes use of this service provided to them specifically. The proposed charge will be $5 per month in advance or paid with monthly post dated cheques for the 2016/2017 fiscal year.

40.2 All vehicles, including recreational vehicles, must park within the confines of a stall or carport, not extending into or overhanging common driveways, sidewalks or landscaped areas.

40.3 Extra parking spaces located at the east end of the property may be rented by the residents of each Strata Lot at an annual fee of $480 for recreational vehicles and $240 for non-recreational vehicles, or other amounts as may be established at an Annual general meeting from time to time, for parking of recreational vehicles (as defined by council) in one of the eight designated parking stalls only, or for parking of one non-recreational vehicle in a standard size parking space. For purposes of this bylaw, boats and trailers are deemed to be recreational vehicles.

40.4 Only 11 standard sized parking spaces may be rented at any one time, with non-rented spaces being reserved for visitors.

40.5 No rental parking space shall be assigned for bylaw 40.3 until payment in full of the annual fee is received by the Strata Corporation.

40.6 All vehicles parked within the limits of our parking area must have valid full coverage vehicle insurance.

40.7 A resident storing a vehicle must provide proof of ownership and proof of storage insurance, including liability coverage, to the Strata Corporation on the commencement date of storage and on request thereafter.

40.8 An owner must not rent parking stalls to any other person than a resident.

40.9 Vehicles parked illegally or contrary to the bylaws will be removed at the owner’s expense.

EMERGENCY SYSTEMS

41. Smoke Alarms

41.1 Each strata unit must maintain a minimum of one hard wired smoke alarm – the standard of which will be determined by the Strata Corporation. Under no circumstances may an owner disconnect the required smoke alarm, have a smoke alarm which is non fuctional or a smoke alarm that exceeds the determined expiry date.

41.2 The cost of each Strata Lot smoke alarm replacement will be the responsibility of each owner and replacement will take place at least one month prior to the smoke alarm’s expiry date.

DIVISION 11 CONTINGENCY FUND

42. Contingency Reserve Fund

40.1 If the amount of money in the contingency reserve at the end of any fiscal year after the first annual general meeting is equal to or greater than 200% of the total annual budgeted contribution to the operating fund for the fiscal year that has just ended, any surplus contribution to the contingency reserve fund must be approved by a resolution passed by a ¾ vote at an annual or special general meeting. (modification of 6.1b of the SPA)

DIVISION 12 MISCELLANEOUS

43. Storage

43.1 A resident must store bicycles and tricycles in the provided bike storage shed.

43.2 The storage closet in the lower level entrance of the fourplex units is the equal use of the residents assigned to such limited common property. The storage closet is limited to the storage of household items.

43.3 A resident must not store any hazardous or flammable substances in storage lockers.

44. Sale of Strata Lot

44.1 Real Estate signs must not be displayed in a Strata Lot or on the common property except in the location designated by the Strata Corporation for real estate signs.

45. Publications

45.1 Each Strata Lot will receive copies of agendas, bylaws and community rules along with minutes of meetings, and any special information notices. Additional copies of booklet type publications or special forms required for legal business or sale of Strata Lots will have a per page photocopying fee which will be determined each year by the strata council.

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