Our Bylaws

7/28/2019 Our Bylaws

1/23

!!"!#$.

ST. ANDREWSSTRATA PLAN BCS2562

Registration Number Comments Date of Registration

BB0783839 AGM May 21, 2009 June 9, 2009BB1271141 AGM April 28, 2010 May 19, 2010

CA2561006 AGM April 19, 2012 May 25, 2012

CA3142681 AGM April 23, 2013 May 24, 2013


2/23

St. Andrews BylawsApril 2012

Page 2 of 23

INDEX

Division 1 -- Duties of Owners, Tenants, Occupants and Visitors...........41. Payment of Strata Fees ...........................................................................................42. Repair and Maintenance of Property by Owner .......................................................43. Use of Property ........................................................................................................4

4. Pet Bylaws ...............................................................................................................5

5. Inform Strata Corporation.........................................................................................66. Obtain Approval Before Altering a Strata Lot ...........................................................67. Obtain Approval Before Altering Common Property.................................................6

8. Permit Entry to Strata Lot.........................................................................................7Division 2 -- Powers and Duties of Strata Corporation................................79. Repair and Maintenance of Property by Strata Corporation.....................................7

Division 3 Council .................................................................................................810. Council Size .............................................................................................................811. Council Members' Terms .........................................................................................812. Removing Council member......................................................................................813. Replacing Council Member ......................................................................................814. Officers.....................................................................................................................9

15. Calling Council Meetings..........................................................................................916. Requisition of Council Hearing.................................................................................917. Quorum of Council ...................................................................................................9

18. Council Meetings ...................................................................................................1019. Voting at Council Meetings ....................................................................................1020. Council to Inform Owners of Minutes .....................................................................1021. Delegation of Council's Powers and Duties ...........................................................10

22. Spending Restrictions ............................................................................................1123. Limitation on Liability of Council Member...............................................................11Division 4 -- Enforcement of Bylaws and Rules...........................................1124. Fines ......................................................................................................................11

Division 5 -- Annual and Special General Meetings....................................1225. Person to Chair Meeting ........................................................................................1226. Participation by Other than Eligible Voters.............................................................12


3/23


Page 3 of 23

27. Voting.....................................................................................................................13

INDEX - Continued

28. Order of Business ..................................................................................................13

Division 6 -- Voluntary Dispute Resolution....................................................1429. Voluntary Dispute Resolution.................................................................................14Division 7 -- Miscellaneous Matters..................................................................1430. Small Claims Actions .............................................................................................1431. Electronic Attendance at Meetings.........................................................................1432. Window Coverings .................................................................................................1433. Use of Patios and Balconies ..................................................................................15

34. Decorative Lights/Displays.....................................................................................1535. Garbage Disposal ..................................................................................................1536. Bicycles..................................................................................................................1537. Parking and Storage ..............................................................................................16

38. Visitor Parking........................................................................................................17

39. Speed Limit ............................................................................................................1740. Move In/Out ...........................................................................................................17

41. Selling of Strata Lots..............................................................................................1842. Acquisition or Disposition of Personal Property .....................................................1943. Spectators at Council Meetings .............................................................................19

44. Limiting Expenditures of Council............................................................................1945. Access ...................................................................................................................1946. Loss or Damage.....................................................................................................19

47. User Fees ..............................................................................................................2048. Solicitation..............................................................................................................20Division 8 -- Marketing Activities by Developer a/o Owner ......................2049. Display lot ..............................................................................................................2050. Developer Marketing..............................................................................................20

58. Rentals...................................................................................................................22


4/23


Page 4 of 23

Division 1 -- Duties of Owners, Tenants, Occupants and Visitors

1. Payment of Strata Fees

(1) An Owner must pay strata fees on or before the first day of the month to which the stratafees relate.

(2) If an Owner is late in paying his/hers Strata fees, the Owner must pay to the StrataCorporation interest on the late payment in the amount of 10% per annum, compoundedannually and calculated on a monthly basis commencing from the date the payment wasdue and continuing until the last day of the month in which it was paid.

(3) Any Owner owing monies fifteen (15) days after due date will be assessed a late penaltyof $25.00 and an additional $50.00 will be assessed as a further late penalty if payment isnot made within thirty (30) days of the due date. An additional $50.00 will be assessed forsubsequent 30 day periods until the account is paid in full. At the end of a three (3) monthperiod, a lien will be placed on the strata lot involved at Owners expense for the totalmonies due.

(4) Any Owner owing monies as per subsection (1), (2), and (3) that are thirty (30) days inarrears will have their Clubhouse amenities privileges suspended until all monies owingare paid in full. Clubhouse amenities includes the Fireside Lounge, Dukes Room, GuestSuite rentals, Pool area (swimming pool, hot tub, steam room and sauna), Exercise roomand any other areas of the Clubhouse.

2. Repair and Maintenance of Property by Owner

(1) An Owner must repair and maintain the Owners strata lot, except for repair andmaintenance 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; exceptfor repair and maintenance that is the responsibility of the Strata Corporation under theseBylaws.

3. Use of Property

(1) An Owner, Tenant, Occupant or visitor must not use a strata lot, the common property orcommon 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 isintended as shown expressly or by necessary implication on or by thestrata plan.

(2) An Owner, Tenant, Occupant or visitor must not cause damage, other than reasonablewear and tear, to the common property, common assets or those parts of a strata lotwhich the Strata Corporation must repair and maintain under these Bylaws or insureunder section 149 of the Act.


5/23


Page 5 of 23

(3) An Owner, Tenant, or Occupant that keeps a pet must comply with these Bylaws andany Rules enacted by the Strata Council on behalf of the Strata Corporation withrespect to the keeping of pets. An Owner, Tenant, or Occupant must ensure that allanimals are leashed or otherwise secured when on the common property or on land thatis a common asset.

(4) If any Owner, Tenant or Occupant violates any provision of these Bylaws or if the StrataCouncil on reasonable grounds considers a pet to be a nuisance the Strata Council may,by written notice to such Owner, Tenant or Occupant cause such Owner, Tenant orOccupant to have the pet removed from the strata lot within thirty (30) days of receivingsuch notice.

(5) The Strata Council may, from time to time on behalf St. Andrews, enact such Rules withrespect to the keeping of pets as deems necessary, reasonable or desired in event ofany conflict between these Bylaws that may prevail.

4. Pet Bylaws

(1) An Owner, Tenant or Occupant must not keep any pets on a strata lot other than thefollowing:

a) a reasonable number of fish or other small aquarium animals;b) a reasonable number of small caged mammals;c) up to two (2) caged birds;d) one (1) dog or one (1) cat.e) The intentional breeding of pet animals is not permitted.

(2) An Owner, Tenant or Occupant shall not permit their pet to foul the common property(including patios and balconies). The Owner shall immediately and completely removethe offending waste from the common property and dispose of it in a waste container orby some other sanitary means.

(3) An Owner, Tenant or Occupant whose guest or invitee brings a pet unto the commonproperty shall insure that the guest/invitee complies with all requirements of the Bylawsas they are related to animals.

(4) No aggressive dogs permitted in any strata lot or on any portion of the common property.For the purposes of this Bylaw an aggressive dog means the following, as per theVancouver Bylaw 9150 Sec. 1.2:

a) any dog that has killed or injuredi. any person ; orii. another animal while running at large;

b) any dog that aggressively harasses or pursues

i. another person; orii. another animal while running at large;

c) any dog primarily owned, or in part, for the purpose of dog fighting; oris trained for dog fighting; or

d) any dog with a know propensity, tendency or disposition to attackwithout provocation any domestic animal or human; or

e) any dog which has bitten another domestic animal or humanwithout provocation.


6/23


Page 6 of 23

(5) Any animals untethered, unattended, roaming, or aggressive may be handed over to theCity of Surrey.

5. Inform Strata Corporation

(1) Within 2 weeks of becoming an Owner, an Owner must inform the Strata Corporation ofthe Owners name, strata lot number and mailing address outside the strata plan, if any.

(2) On request by the Strata Corporation, a Tenant must inform the Strata Corporation of hisor her name.

6. Obtain Approval Before Altering a Strata Lot

(1) An Owner must obtain the written approval of the Strata Corporation before making analteration 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 (including the casings, the frames and the

sills of such doors, windows and skylights) on the exterior of a building, orthat front on the common property (i.e. including, for example, addingsecurity devices to the entrance door to a strata lot);

e) fences, railings or similar structures that enclose a patio, balcony or yard;f) Common property located within the boundaries of a strata lot; any part of

the strata lot. This includes any renovation to the interior of the strata a lotsuch as, but not restricted to, replacing flooring or cupboards.

g) All plans including selections of materials must be submitted to StrataCouncil. Materials must be of a quality to reduce sound transfer to lowerunits. Any alterations are subject to Owners obtaining proper permits asrequired by the appropriate jurisdiction.

h) those parts of the strata lot which the Strata Corporation must insureunder section 149 of the Act.

(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.

(3) This section does not apply to a strata lot in a bare land strata plan.

(4) An Owner, Tenant or Occupant must not do any act, nor alter a strata lot, in any manner,

which in the opinion of the Council will alter the exterior appearance of the building andcommon property.

7. Obtain Approval Before Altering Common Property

(1) An Owner must obtain the written approval of the Strata Corporation before making analteration to common property, including limited common property, or common assets.


7/23


Page 7 of 23

(2) The Strata Corporation may require as a condition of its approval that the Owner agree, inwriting, to take responsibility for any expenses relating to the alteration and to provide, atthe request of the Strata Corporation, evidence of appropriate insurance coverage relatingto the alteration.

8. Permit Entry to Strata Lot

(1) An Owner, Tenant, Occupant or visitor must allow a person authorized by the StrataCorporation to enter the strata lot

a) in an emergency, without notice, to ensure safety or prevent significant lossor damage, and

b) at a reasonable time, on 48 hours' written notice, to inspect, repair or maintaincommon property, common assets and any portions of a strata lot that arethe responsibility of the Strata Corporation to repair and maintain underthese Bylaws or insure under section 149 of the Act.

(2) The notice referred to in subsection (1) (b) must include the date and approximate time ofentry, and the reason for entry.

Division 2 -- Powers and Duties of Strata Corporation

9. Repair and Maintenance of Property by Strata Corporation

The Strata Corporation must repair and maintain all of the following:a) common assets of the Strata Corporation;b) common property that has not been designated as limited common

property;c) limited common property, but the duty to repair and maintain it is

restricted toi. repair and maintenance that in the ordinary course of events

occurs less often than once a year, and

ii. the following, no matter how often the repair or maintenanceordinarily 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 or skylights (including the casings, the

frames and the sills of such doors, windows and skylights),on the exterior of a building or that front on the commonproperty;

(E) fences, railings and similar structures that enclose patios,balconies and yards;

d) a strata lot in a strata plan that is not a bare land strata plan, but the dutyto 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


8/23


Page 8 of 23

v. fences, railings and similar structures that enclose patios,balconies and yards.

Division 3 Council

10. Council Size

(1) Subject to subsection (2), the Council must have at least 3 and not more than 7 members.

(2) If the strata plan has fewer than 4 strata lots or the Strata Corporation has fewer than 4Owners, all the Owners are on the Council.

11. Council Members' Terms

(1) The term of office of a Council member ends at the end of the Annual GeneralMeeting at which the new Council is elected.

(2) A person whose term as Council member is ending is eligible for reelection.

12. Removing Council member

(1) Unless all the Owners are on the Council, the Strata Corporation may, by a resolutionpassed 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 atthe same annual or Special General Meeting to replace the Council member for the

remainder of the term.

13. Replacing Council Member

(1) If a Council member resigns or is unwilling or unable to act for a period of 2 or moremonths, the remaining members of the Council may appoint a replacement Councilmember for the remainder of the term.

(2) A replacement Council member may be appointed from any person eligible to sit on theCouncil.

(3) The Council may appoint a Council member under this section even if the absence of themember 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 ormore months, persons holding at least 25% of the Strata Corporation's votes may hold aSpecial General Meeting to elect a new Council by complying with the provisions of theAct, the regulations and the Bylaws respecting the calling and holding of meetings.


9/23


Page 9 of 23

14. Officers

(1) At the first meeting of the Council held after each Annual General Meeting of the StrataCorporation, the Council must elect, from among its members, a President, a VicePresident, a Secretary and a Treasurer.

(2) A person may hold more than one office at a time, other than the offices of President andVice President.

(3) The Vice President has the powers and duties of the Presidenta) while the President is absent or is unwilling or unable to act, orb) 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 moremonths, the Council members may appoint a replacement officer from among themselvesfor the remainder of the term.

15. Calling Council Meetings

(1) Any Council member may call a Council meeting by giving the other Council members atleast 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 ifa) all Council members consent in advance of the meeting, orb) the meeting is required to deal with an emergency situation, and all Council

members eitheri. consent in advance of the meeting, orii. 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 themeeting has been called.

16. Requisition of Council Hearing

(1) By application in writing, stating the reason for the request, an Owner or Tenant mayrequest a hearing at a Council meeting.

(2) If a hearing is requested under subsection (1), the Council must hold a meeting to hear theapplicant within one month of the request.

(3) If the purpose of the hearing is to seek a decision of the Council, the Council must give theapplicant a written decision within one week of the hearing.

17. Quorum of Council

(1) A quorum of the Council isa) 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


10/23


Page 10 of 23

d) 4, if the Council consists of 7 members.

(2) Council members must be present in person at the Council meeting to be counted inestablishing quorum.

18. Council Meetings

(1) At the option of the Council, Council meetings may be held by electronic means, so long asall 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 bepresent in person.

(3) Owners may attend Council meetings as observers.

(4) Despite subsection (3), no observers may attend those portions of Council meetings thatdeal 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.

19. Voting at Council Meetings

(1) At Council meetings, decisions must be made by a majority of Council members present inperson at the meeting.

(2) Unless there are only 2 strata lots in the strata plan, if there is a tie vote at a Councilmeeting, the President may break the tie by casting a second, deciding vote.

(3) The results of all votes at a Council meeting must be recorded in the Council meetingminutes.

20. Council to Inform Owners of Minutes

The Council must inform Owners of the minutes of all Council meetings within 2 weeks of themeeting, whether or not the minutes have been approved.

21. Delegation of Council's Powers and Duties

(1) Subject to subsections (2) to (4), the Council may delegate some or all of its powers andduties 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 thata) delegates the authority to make an expenditure of a specific amount for a specific

purpose,or


11/23


Page 11 of 23

b) delegates the general authority to make expenditures in accordance withsubsection (3).

(3) A delegation of a general authority to make expenditures musta) set a maximum amount that may be spent, andb) 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 particularcase,

a) whether a person has contravened a Bylaw or Rule,b) whether a person should be fined, and the amount of the fine, orc) whether a person should be denied access to a recreational facility.

22. Spending Restrictions

(1) A person may not spend the Strata Corporation's money unless the person has beendelegated the power to do so in accordance with these Bylaws.

(2) Despite subsection (1), a Council member may spend the Strata Corporation's money torepair or replace common property or common assets if the repair or replacement isimmediately required to ensure safety or prevent significant loss or damage.

23. Limitation on Liability of Council Member

(1) A Council member who acts honestly and in good faith is not personally liable because ofanything done or omitted in the exercise or intended exercise of any power or theperformance 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 judgmentagainst the Strata Corporation.

Division 4 -- Enforcement of Bylaws and Rules

24. Fines

(1) The Strata Corporation may fine an Owner if a Bylaw or Rule is contravened by(a) the Owner,(b) a person who is visiting the Owner or was admitted to the premises by the Owner forsocial, business or family reasons or any other reason, or(c) an Occupant, if the strata lot is not rented by the Owner to a Tenant.

(2) The Strata Corporation may fine a Tenant if a Bylaw or Rule is contravened by(a) the Tenant,(b) a person who is visiting the Tenant or was admitted to the premises by the Tenant forsocial, business or family reasons or any other reason, or(c) an Occupant, if the strata lot is not sublet by the Tenant to a subtenant.

(3) The Strata Corporation may fine an Owner or Tenant if a Bylaw or Rule is contravened aminimum and maximum ofa) $50.00 and $200.00 for each contravention of a Bylaw, and


12/23


Page 12 of 23

b) $25.00 and $50.00 for each contravention of a Rule.

(4) 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.

(5) Each Owner and Tenant is responsible for payment, without invoice, of any money (other

than strata fees, but including special levies) owing to the Strata Corporation as provided forin the Act or these Bylaws,and if the Owner or Tenant fails to pay any money so owingwithin 15 days after the date such money becomes due, the Owner or Tenant will, afterhaving been given written notice of the default and been provided with a reasonableopportunity to answer the complaint (including a hearing if requested), be assessed and paya fine of $10.00, and if such default continues for a further 15 days, an additional fine of$25.00 will be levied against and paid by the Owner or Tenant, as the case may be, and foreach additional month such default continues, an additional fine of $25.00 will be leviedagainst and paid by the Owner or Tenant.

(6) Additional assessments, fines authorized by these Bylaws, banking charges, filing costs,legal expenses, interest charges and any other expenses incurred by either the Strata

Corporation to enforce these Bylaws, as they may be amended from time to time, or anyRule which may be established from time to time by the Council pursuant to the Act orthese Bylaws, shall become part of the assessment of the Owner responsible and shallbecome due and payable on the first day of the month next following, except that anyamount owing in respect of a fine or the cost of remedying the contravention of a Bylaw willbe calculated as a separate component of such assessment and the Strata Corporationmay not register a lien against such separate component.

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 bythe Vice President of the Council.

(3) If neither the President nor the Vice President of the Council chairs the meeting, a chairmust be elected by the eligible voters present in person or by proxy from among thosepersons 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 inthe 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 themeeting if requested to do so by a resolution passed by a majority vote at the meeting.


13/23


Page 13 of 23

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 votingcards or by roll call, secret ballot or some other method.

(4) The outcome of each vote, including the number of votes for and against the resolution if aprecise count is requested, must be announced by the chair and recorded in the minutes ofthe meeting.

(5) If there is a tie vote at an Annual or Special General Meeting, the President, or, if thePresident is absent or unable or unwilling to vote, the Vice President may break the tie bycasting a second, deciding vote.

(6) If there are only 2 strata lots in the strata plan, subsection (5) does not apply.

(7) Despite anything in this section, an election of Council or any other vote must be held bysecret ballot, if the secret ballot is requested by an eligible voter.

(8) An Owner who is otherwise an eligible voter may not exercise his or her vote for a strata lot,except on matters requiring a unanimous vote, if the Strata Corporation is entitled toregister a lien against that strata lot.

(9) (A) Eligible voters holding one-third (1/3) of the Strata Corporations votes shall constitute aquorum for an annual or Special General Meeting.

(B) Notwithstanding Section 48 (3) of the Act, if with-in one-half (1/2) hour from the timefor an AGM or SGM called be the Strata Council, a quorum is not present, the eligiblevoters present in person or by proxy shall therefore constitute a quorum.

28. Order of Business

The order of business at Annual and Special General Meetings is as follows:a) certify proxies and corporate representatives and issue voting cards;b) determine that there is a quorum;c) elect a person to chair the meeting, if necessary;d) present to the meeting proof of notice of meeting or waiver of notice;e) approve the agenda;f) approve minutes from the last Annual 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;


14/23


Page 14 of 23

l) deal with new business, including any matters about which notice has been givenunder 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

29. Voluntary Dispute Resolution

(1) A dispute among Owners, Tenants, the Strata Corporation or any combination of them maybe referred to a dispute resolution committee by a party to the dispute if

a) all the parties to the dispute consent, andb) the dispute involves the Act, the regulations, the Bylaws or the Rules.

(2) A dispute resolution committee consists ofa) 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 thepersons nominated by the disputing parties, or

b) any number of persons consented to, or chosen by a method that is consentedto, by all the disputing parties.

(3) The dispute resolution committee must attempt to help the disputing parties to voluntarilyend the dispute.

Division 7 -- Miscellaneous Matters

30. Small Claims Actions

Notwithstanding any provision of the Act, the Strata Corporation may proceed under the SmallClaims Act (British Columbia) against an Owner or other person to collect money owing to theStrata Corporation, including money owing as a fine, without requiring authorization by aresolution passed by a vote.

31. Electronic Attendance at Meetings

Attendance by persons at an annual or Special General Meeting may be by telephone or otherelectronic method if such method permits all persons participating in the meeting tocommunicate with each other during the meeting.

32. Window Coverings

An Owner of a residential strata lot will not install, or permit any Occupant of his or her strata lotor any guest, employee, agent or invitee of the Owner or Occupant to install, any windowcoverings, visible from the exterior of his or her strata lot which are different in size or colourfrom those of the original building specifications.


15/23


Page 15 of 23

33. Use of Patios and Balconies

(1) No laundry, clothing, bedding, appliances, satellite dishes, bicycles, tin foil, debris, wastematerial or refuse shall be hung, stored, placed or displayed from windows, decks, patios,balconies or other parts of a strata lot if such items are visible from the outside of the stratalot.

(2) No awning, shade screen, smoke stack, satellite dish, radio or television antenna shall behung from or affixed to the exterior of a strata lot, Limited Common Property or on theCommon Property without prior written approval of the Strata Council.

(3)An Owner of a residential strata lot will not place any items on any deck, patio or balcony,except free-standing, self-contained planter boxes/pots, summer furniture and accessoriesor permit any Occupant of his or her strata lot or a guest, employee, agent or invitee of theOwner or Occupant to place any permanent carpeting or Occupant to install any hangingplants or baskets or other hanging items.

(4) No hot tub, spa, sauna or similar equipment (hereinafter called a Hot Tub) shall beinstalled within a Strata Lot or on Limited Common Property unless the Strata Lot Ownerhas received prior written approval from the Strata Council, which approval may bearbitrarily withheld.

(5) No owner tenant, employee, agent, invitee, guest or visitor of the owner or occupant mayuse, a barbecue, hibachi or other like cooking device on a balcony, deck or patio unlesssuch barbecue, hibachi or cooking device is powered by electricity, propane or gas andsuch electric, propane or gas powered barbecues, hibachis and other light cooking deviceswill not be used except in accordance with rules and regulations made by the stratacorporation from time to time.

34. Decorative Lights/Displays

Will not erect any outdoor decorative (Christmas) lights except from November 15 and removalby January 31;

35. Garbage Disposal

An Owner, Tenant or Occupant shall remove ordinary household refuse and garbage from theirstrata lot and deposit it in the containers provided by the Strata Corporation for that purpose; allgarbage shall be bagged and tied before so depositing. Cardboard only to be deposited indesignated cardboard containers. Owners, Tenants or Occupant shall remove any materialsother than ordinary household refuse and garbage and cardboard from the strata plan propertyat their expense.

36. Bicycles

Bicycles are not permitted in elevators, hallways or any other common areas. No bicycles areto be kept on balconies or patios; instead, they shall be stored within the designated areas(storage areas). All bicycles must enter or exit the building by way of the vehicle entry to theparking garage only.


16/23


Page 16 of 23

37. Parking and Storage

(1) An Owner, Tenant or Occupant must use parking stalls only for the parking of licensed andinsured motor vehicles or motorcycles, and not for the parking of any other type of vehicle orthe storage of any other item, unless otherwise approved in writing by the Council.

(2) An Owner, Tenant or Occupant shall not:a) use any parking space in the building or on the common property or on any limited

common property, except the parking space which has been specifically assigned tohis strata lot, a parking space leased by the Owner or, when specifically agreed withanother Owner, the parking space assigned to the strata lot of that other Owner;

b) carry out any oil changes, major repairs or adjustments to motor vehicles or othermechanical equipment on common property or on any limited common property,except in the case of emergency;

c) warm-up of vehicles will not be tolerated within the confines of the undergroundparking garage.Vehicles must exit the underground garage within 3 minutes of starting the engine;

d) no Owner shall park, store or keep an automobile, truck or other vehicle upon theCommon Property or upon the Limited Common Property if such automobile, truck orother vehicle is not licensed or is not roadworthy or is in a state of disrepair.

e) no recreational vehicles (including, without limitation, any motor home, house trailer,camper, tent trailer or fifth wheel), boat, trailer or any other type of recreational vehicleshall be parked, stored, or kept on any portion of the Common Property or LimitedCommon Property

f) rent or lease the parking space assigned by the Strata Corporation to his strata lot toor otherwise permit that parking space to be regularly used by anyone that is not aresident of the building;

g) park any vehicle in a manner which will reduce the width of the garage roadway orramp or any roadway on the common property or on any limited common property;and

h) use any part of the common property (other than established storage rooms orlockers) for storage, without the written consent of the Council.

i) store any personal items in the parking stall.j) no Owner shall keep, store or accumulate any debris, scrap metal, car parts, refuse

or wastematerial on any portion of the Common Property or upon the Limited CommonProperty.

k) Residents must wait for the gate to close before proceeding to their parking stall orbefore exiting the parking lot.

(3) An Owner or Occupant that permits the dripping of hazardous or damaging vehicle fluids(e.g., motor oil, gasoline, diesel, transmission fluid) onto common property must:

(a) Immediately remove and repair the damage to the satisfaction of the StrataCouncil and pay for the damage to be repaired by the Strata Corporation.

(b) Pay for repair inspection and damage assessments at the discretion of the StrataCouncil.

(c) Place a drip tray made from a non-corrosive material (e.g. galvanized steel,aluminum) sufficient in size to collect and contain the vehicle drips.

(4) An Owner, Tenant or Occupant must promptly and at its own expense clean up any oil orother substance which spills or leaks onto the common property or pay to the StrataCorporation for any damages or repairs.


17/23


Page 17 of 23

38. Visitor Parking

Visitor parking stalls are for the exclusive use of guests visiting Owners and Occupants in BCS2562;

a) visitor parking is in designated stalls marked Visitor only;b) visitor parking stalls are on a First come First served basis;c) visitor vehicles may use visitor parking stalls for up to seven (7) consecutive days. Stays

longer than seven (7) days will require a special permit issued only by the Strata Council.Request and reason for extension must be in writing.

d) vehicles using visitor parking overnight must display visitor parking permits on their dash.e) Two overnight visitor vehicles per strata lot are permitted to park in visitor parking at any

one time. If an Owner requires more than two visitors parking passes, they must makearrangements with another strata Owner or find parking off site.

f) Visitors parking in the visitor parking area do so at their own risk and must abide by theStrata Corporation Bylaws and Rules. Violation of strata Bylaws, Rules or any provincialor municipal laws and regulations may result in the vehicle being towed at the vehicleOwners expense and liability.

g) Vehicles with leaks (e.g.: oil, antifreeze, gas) are prohibited.h) Commercial vehicles are prohibited from overnight parking.

i) Residents are prohibited from parking in the visitor parking area other than a 10 minutemaximum pickup or drop-off.

j) There is no parking allowed in the area immediately outside of the general property gateat 64th Avenue.

k) Parking Rules are vital to traffic flow within the community. With the first violation, awarning will be issued. Further violations will be subject to fines and/or towing at theOwners expense and liability.

l) Owners and Occupants are responsible for any damage caused to common property byvisitors and are subject to the same parking Bylaws indicated in Parking Any resultingdamage is the sole responsibility of the strata lot of the visiting vehicle and the Ownermust:

(a) Repair the damage to the satisfaction of the Strata Council or pay for the

damage to be repaired by the Strata Corporation.(b) Pay for repair inspection and damage assessments at the discretion of the

Strata Council.m) Any vehicles improperly parked may, at Councils discretion, be towed at the Owners

expense & liability.

39. Speed Limit

Speed limit throughout common areas is 8 K/hr (5 MPH).

40. Move In/Out

(1) The Strata Corporation may regulate the times and manner in which any person movesinto or out of strata lots and may require that such moves be coordinated with theCaretaker at least 7 days in advance of such moves, or such lesser periods as theCouncil may, in its sole discretion, permit, provided that if an Owner or Tenant carriesout any move into or out of a strata lot otherwise than in accordance with such priorarrangements made with the Caretaker of the building, the Owner or Tenant will besubject to a fine of $100.00, such fine to be paid on or before the due date of the nextmonthly strata fees.


18/23


Page 18 of 23

(2) A $100 refundable cash damage deposit must be received at the time of booking themove. The damage deposit will be returned upon a successful post move inspection ofcommon areas.

(3) A non refundable assessment of $50.00 will be levied on each move-in/out (except the

first purchaser who will have a one-time exception). Should damage occur during amove, the Owner of the strata lot will be assessed the repair cost.

(4) All moves should take place between 8:00 am and 8:00 pm Monday to Friday only. AnOwner, Tenant or Occupant that leaves any item anywhere on or in the commonproperty or on any limited common property does so at his own risk, subject to any claimthat may properly be made under any insurance policy maintained by the StrataCorporation by anyone that is an insured under that policy.

(5) During the move, Owners:(a) Must ensure that the protective coverings have been installed in the elevator and

floor runners used;

(b) Any door(s) to any building are not propped open and left unattended;(c) Must ensure that due care and attention is used so as not to damage elevators,

common assets or common property (walls, doorways etc);(d) Must take full responsibility for the actions of moving personnel and their vehicles so

they adhere to the Strata Corporation Bylaws and Rules; and(e) Must ensure that vehicles used for moving are removed from the front entrance area

of the building immediately upon completion of the move.(f) Ensure that vehicles are not left running or idling for more than 3 minutes during any

one hour.(g) No one shall obstruct entry or exit from the building other than for the purposes of a

move, transporting shopping items or personal property.(h) Owners, Tenants or Occupants causing damage to the building as the result of a

move must:(a) Repair the damage to the satisfaction of the Strata Council.(b) Pay for repair inspection and damage assessments at the discretion of the

Strata Council.

41. Selling of Strata Lots

(1) An Owner of a strata lot, when selling his/her strata lot, will not permit For Sale signs to beplaced on or about the common property except on the signage board located adjacent tothe entrance to the building which is designated for such purpose.

(2) Unless the Council otherwise prescribes, all showings must be by appointment only.

(3) Realtors are not permitted to:(a) Attach lock boxes to common assets or common property(b) Have For Sale signs or similar signs displayed in any window where the sign may be

visible from the outside.(c) Realtors are permitted to have Open House signs on common property during the

hours of an open house.


19/23


Page 19 of 23

42. Acquisition or Disposition of Personal Property

The Strata Corporation may purchase, lease or otherwise acquire personal property for the useor benefit of the Owners and may sell or otherwise dispose of such personal property for anyamount approved in the annual budget for the Strata Corporation, but otherwise only if approvedby a resolution passed by a vote at an Annual or Special General Meeting if the personalproperty has a market value of more than $1,000.

43. Spectators at Council Meetings

No person other than a member of the Council shall be entitled to attend a meeting of theCouncil unless authorized by a resolution of the Council. In the course of a meeting of theCouncil, any person or persons (other than members of the Council) may be excluded fromsuch meeting by a resolution of the Council.

44. Limiting Expenditures of Council

(1) Subject to subsection (3) below, if a proposed expenditure has not been approved in thebudget or at an Annual or Special General Meeting, the Strata Corporation may onlymake such expenditure out of the operating fund if the expenditure, together with all otherunapproved expenditures, whether of the same type or not, that were made pursuant tothis subsection (1) in the same fiscal year, is less than $1,000.00.

(2) If the Strata Corporation makes an expenditure under subsection (1) above, the StrataCorporation must inform Owners as soon as feasible about any expenditure of more than$1,000.00 on any single item.

(3) Notwithstanding subsection (1) above, the Strata Corporation can make an expenditure

out of either the operating fund or the contingency reserve fund if there are reasonablegrounds to believe that an immediate expenditure is necessary to ensure safety or toprevent significant loss or damage, whether physical, financial or otherwise.

45. Access

An Owner of a residential strata lot will not give, or permit any Occupant of his or her strata lot togive, any keys, combinations, security cards or other means of access to the building, theparking garage or common areas to any person other than an employee, contractor, Occupantor guest of the strata lot permitted by these Bylaws such as to a party strata/managementcompany can contact in case of emergency or while away for an extended time.

46. Loss or Damage

An Owner shall indemnify and save harmless the Strata Corporation from any loses or damageincluding expense of any maintenance, repair or replacement rendered necessary to thecommon property, limited common property, common assets, or to any Strata Lot (loss ordamage). If the Owner is responsible for the loss or damage, but only to the extent that the costof such loss or damage is not reimbursed from the proceeds received by operation of anyinsurance policy. In such circumstances any insurance deductible paid or payable by the Strata


20/23


Page 20 of 23

Corporation shall be considered an expense not covered by the proceeds received by the StrataCorporation as insurance coverage and will be charged to the Owner. For the purposes of thisBylaw, the Strata Corporation will hold an Owner responsible for Loss or Damage arising fromany of the following:

i. Water overflowing from bathtubs or sinks

ii. Failure to pipes that are not common propertyiii. Dishwashersiv. Toiletsv. Washing machines

47. User Fees

The Strata Corporation may impose a user fee on an Owner, Tenant, Occupant or their visitorfor the use of undesignated parking stalls in an amount of $30.00 per month.

48. Solicitation

Solicitation is not permitted anywhere on common property.

Please note: Fines can be imposed on the Strata Corporation 2562 bythe City of Surrey if recyclable materials are placed in the garbagebins. This is very closely monitored.

Division 8 -- Marketing Activities by Developer a/o Owner

49. Display lot

(1) An Owner developer who has an unsold strata lot may carry on sales functions that relateto its sale, including the posting of signs.

(2) An Owner developer may use a strata lot, that the Owner developer owns or rents, as adisplay lot for the sale of other strata lots in the strata plan.

50. Developer Marketing

During the time that the Developer of the Strata Lots remains the registered Owner of any StrataLots in the Development, the Developer shall have the exclusive rights to control, occupy anduse the Amenity Building (and during such time the Developer shall have the sole responsibilityof maintaining the said Amenity Building) and such unsold Strata Lots as display units and salesoffices and to carry out such sales functions as the Developer deems necessary or desirable toenable the sale and marketing of all Strata Lots in the Development including, without limitation:

a) erecting and placing directional, location and advertising signage on and in the AmenityBuilding and on the Strata Lots owned by the Developer and on other portions of theCommon Property.


21/23


Page 21 of 23

b) encouraging and allowing prospective purchasers to view the Amenity Building and theStrata Lots owned by the Developer, the Common Property and all other commonfacilities; and

c) erecting and maintaining a presentation centre, parking area, driveway, placards, flagsand other like items for marketing, sales and advertising on the Common Property of theDevelopment which shall be removed at the Developers expense once all Strata Lots

have been sold by the Developer.

51. In order to allow the Developer of the Strata Lots to market and sell any Strata Lots owned bythe Developer, the Developer may, until the last Strata Lot has been sold by the Developer:

a) designate for the Developers exclusive use, up to 10 parking stalls located within theCommon Property of the Development and intended for visitor use, provided that suchparking stalls have not previously been designated as Limited Common Property on thestrata plan, for use by the Developer and its sales staff, agents and prospectivepurchasers;

b) allow any project or security gate to remain open during regular business hours includingweekends so as to allow prospective purchasers reasonable and unimpeded access to theAmenity Building and any Strata Lot owned by the Developer and access to the Common

Property and facilities of the Development; andc) have unimpeded access for the Developer, its sales staff, agents, and prospective

purchasers to the Amenity Building and other Common Property and common facilities ofthe Development.

52. A strata lot Owner may display on the Common Property a form of signage designed to attractpedestrians and passersby and which signage relates directly or indirectly to the sale or lease ofa strata lot. However, the Strata Corporation shall be entitled to stipulate, within reason, thelocation and maximum size of any Owners signage on the Common Property, and notificationfor resale shall be contained on a directory board to be provided by the Strata Corporation forsuch purpose.

53. Except as provided for in Bylaws 51 or 52, and subject to the restriction contained in Bylaw 52above, no advertising for the resale of a strata lot shall be permitted within or upon any stratalot, Limited Common Property or Common Property.

54. Except as provided for in Bylaws 51 or 52 above, no signs, gates, billboards, placards, flagsnotices or advertising shall be erected or displayed on or from any strata lot, Limited CommonProperty or Common Property without the prior written approval of the Strata Council.

55. In the event that any Owner violates the provisions of Bylaw 53 or 54 above, the Developer shallhave the right to immediately remove such signage without notice and without any responsibilityor liability to the Owner for so doing.

56. In the event that any Owner violates the provisions of any of the Bylaws, the Strata Council may,if after giving seven days written notice requesting the Owner to remedy the violation and theOwner has failed to do so within such time, take all steps necessary to rectify and to enforce theviolation of the applicable Bylaw and the cost of so rectifying the violation and enforcing theapplicable Bylaw shall be added to the monthly assessment next payable by such Owner.

57. The provisions of Bylaws 50, 51, 52, 53 and this Bylaw 57 shall not be repealed, altered oramended in any way unless such repealing, altering or amending has been approved by aunanimous resolution approved by the Owners of the strata lots, including the Developer if the


22/23


Page 22 of 23

Developer is the registered Owner of any of the strata lots at the time such unanimousresolution is voted upon.

58. RentalsSubject to the provisions of this Bylaw, a maximum of 3 strata lots per building shall bepermitted / occupied as rentals with the following considerations and exceptions:

a) not pursuant to original Owners & developer;

b) where cases of undue physical or financial hardship of a personal nature arise, the Ownermay make a written request to the Council for permission to rent a strata lot for a limitedperiod of time, and where the Council has been provided with evidence that undue hardshipwill result if limited rental approval is not given, the Council shall not unreasonably withholdpermission for limited rental;

c) this Bylaw does not apply to prevent the rental of a strata lot to a member of the family of anOwner, meaning:

i.a parent or child of the Owner; orii.a parent or child of the spouse or partner of the Owner,iii.where spouse of the Owner includes an individual who has lived and cohabitated with

the Owner, for a period of at least two years at the relevant time, in a marriage-likerelationship, including a marriage. The spouse or partner of the Owner; like relationshipbetween persons of the same gender;

d) where an Owner has leased a strata lot to a Tenant pursuant to a tenancy agreemententered into before this Bylaw was passed, this Bylaw does not apply to such strata lot.

e) An Owner renting/leasing in breach of this Bylaw must immediately give the Tenant notice tovacate in accordance with the legislation and/or common law of the Province of BritishColumbia governing residential tenancies.

f) An Owner who leases a strata lot, subject to one of the previously stated exceptions, shallprovide to the Strata Corporation Council a Form K Tenants Undertaking in accordancewith sections 46 and 49 of the Condominium Act. Failure to provide the Form K within 10days of the commencement of a tenancy shall be the cause for a $100 fine against the


23/23


Owner of the strata lot. Shall the Form K still not be received from the strata lot Owner;they shall be fined $100 monthly until the Form K is received.

a) Tenancies must be for terms of not less than one year, but may be terminatedsubject to violations of Bylaws;

b) the Strata Corporation is entitled to impose a fine of up to $500 for a contravention ofthis Bylaw, and may impose such fine for a continuing contravention every seven

days.

Our Bylaws

Documents

Transcript of Our Bylaws