STRATA PLAN PGS-173
ALPINE VILLAGE CORPORATION BYLAWS
Revised and Amended at Annual General Meeting of November 25, 2010
The Strata Council (the
“Council”) of the Owners, Strata Plan PGS173 (the “Corporation”) has prepared
these Bylaws and they are to be read in conjunction with the Bylaws outlined in
the Strata Property Act.
1. RENTALS
1.01 No Owner shall Lease or rent their Strata Lot to another without making
the prospective Tenant fully aware of the existence of the Strata Property Act
and the Bylaws of the Corporation.
1.02 Owners leasing or renting their Strata Lot must note that all assessment,
fines and other charges, which are levied by the Corporation, are against the
Owner of the Strata Lot and it is an Owner’s responsibility to pay the Corporation
for any contravention or breach of the Bylaws by the Tenant.
1.03 Where a Tenant or Occupant of a Strata Lot contravenes the Act, the Bylaws
or the Rules or regulations prescribed by the Corporation, the Corporation, or
person on its behalf may notify the Tenant or Occupant in writing of the
contravention and demand its immediate resolution.
1.04 An Owner will be charged a penalty for failing to provide the Management
Company with a completed Form K prior to the Tenant’s occupancy. A penalty of
$50.00 will be assessed to any Owner who fails to provide a Form K to the
Management Company.
1.05 On request by the Strata Corporation, a Tenant must inform the Strata
Corporation of his or her name.
1.06 a) No commercial or retail is permitted in or on a residential
strata lot, common property or limited common property. However, it is the
intent of this bylaw that home based business will not be prohibited provided
they meet the requirements of paragraph 1.06 b)
1.06 b) A home based business may be permitted on a strata
lot, common property or limited common property if:
i)
the
unit owner, tenant or occupants obtains the prior written permission from the
Strata Council, obtain all required licensed and otherwise complies with all
municipal, provincial and federal laws; and,
ii)
The
home business does not:
a.
interfere
with the use and enjoyment by other owners, tenants or occupants of their
property
b.
cause
a nuisance, a hazard or unreasonable noise; or,
c.
create
a parking concern in the sole discretion of the strata council.
1.06 c) If permission is granted to an owner, tenant or
occupant to carry on a hobby-type business on a strata lot, then parking must
meet the requirements of the applicable municipal bylaws and customer parking
shall be restricted to the strata lot’s designated parking.
2. PETS
2.01 An Owner, tenant or occupant may be allowed, with Council’s continuing
support, entitled to keep two (2), but not more than two (2), domestic pets in
a strata lot, only one (1) of which may be a dog. An owner, tenant or occupant
that keeps a pet must comply with these bylaws and any rules with respect to
the keeping of pets.
2.02 An owner, tenant or occupant that keeps a pet in a strata lot, either
permanently or temporarily, shall register that pet with the strata council by
providing to the office a written notice, signed by the owner, tenant or
occupant setting out the name, breed and color of the pet, the strata lot
number of the strata lot in which the pet is kept, the name and telephone
number of the owner of the pet and the license number of the pet (when the pet
is required to be licensed), as well as a picture and any ID tattoo or other
identification.
2.03 All pets must be spayed or neutered and must have received shots or
inoculations required by the bylaws of the City of Prince George
2.04 Occupiers shall not allow pets in their control and care to damage the
Corporations Property. Owners are liable for any damage to the Corporation’s
assets and Common Property caused by pets residing in or visiting their Strata
Lot.
2.05 The owner of any pets permitted to be kept shall at all times maintain
his/her Strata Lot free of dirt or odors arising from the keeping of any pet.
2.06 The owner of any pet stall immediately and completely remove any
feces deposited by a pet on the Common Property and dispose of it in a waste
container or by some other sanitary means.
2.07 The owner of any pets permitted to be kept must ensure that all animals
are leashed or otherwise secured when on the common property.
2.08 The owner of any pets permitted to be kept must control and remove from
the Strata Lot after seven (7) days written notice from the Corporation, if the
council ( on reasonable grounds) considers the pet to be a nuisance. Shall
include any dog that barks excessively and incessantly for long periods of time
whether indoor or outside.
2.09 No pet shall be left unattended by its Owner on any patio, balcony,
front/back yard or any other part of the Common Property. Any pet of any kind
on the Common Property without identification tags (i.e. collars with the name
and address/phone of the owner) may be removed immediately.
2.10 Pets must not be left unattended for a period exceeding 24 hours.
2.11 All Owners and their Visitors and Guests, who have pets, must comply with
the Bylaws of the Strata Corporation.
2.12 The Strata Council may, from time to time on behalf of the Strata
Corporation, enact such Rules with respect to the keeping of pets as the Strata
Council, acting reasonably, deems necessary or desirable, provided that, in the
event of any conflict between these Bylaws and any such Rule, the provisions of
these Bylaws will prevail.
2.13 There shall be no dog over 40 cm (18 inches) in height and/ or over 18kg (40
pounds) in weight or dogs of these designated breeds (or crossbreeds of these
breeds): Pit bull terrier, German Shepard, Doberman, Rottweiler, be allowed to
move into the complex without express written permission of the strata council.
These dogs may not be onsite as guest dogs of residents. Offenders will be
fined on a weekly basis until such dogs are removed.
The Strata Council (the
“Council”) of the Owners, Strata Plan PGS173 (the “Corporation”) has prepared
these Bylaws and they are to be read in conjunction with the Bylaws outlined in
the Strata Property Act.
3. EXTERIOR
APPEARANCE
3.01 No laundry or washing shall be hung in such a way as to be readily visible
from the outside of a Strata Lot.
3.02 No mops or dusters of any kind shall be shaken and no refuse shall be
thrown out of the windows, doors or from the balcony of a Strata Lot.
3.03 No antenna, satellite dish, or similar structure or appurtenances thereto
shall be erected on or fastened to Common Property, except as may be authorized
by the Council. Satellite dishes are permitted with Council’s prior approval
but cannot be attached to any part of the building, be it roof, walls or porch
overhangs. Satellite dishes can be mounted on a freestanding pole (that is not
more that six (6) feet in height above the ground and two (2) feet below the
ground) in the back yard only – absolutely no dishes can be mounted in the
front yard.
3.04 No signs, billboards, notices, flags or other advertising matter (except
Real Estate “For Sale” and “ For Rent” signs) of any kind shall be placed on
any part of a Strata Lot or Common Property without the prior written consent
of the Council.
3.05 a) The exterior appearance of the buildings
should not be altered by painting, ironwork, concrete or other alterations to the Strata Lot.
b) Sun reflectors, foil, or awnings not
to be allowed. All permitted drapes, curtains and blinds are to be of a neutral color and
acceptable design, unless otherwise approved by Council. Use of blankets or sheets as window coverings is prohibited
without the prior consent of Council.
3.06 No plants (ivy or creeping type) shall be attached
to the exterior surface of the building.
3.07 Do not remove any foliage, plants or flowers from the Common Areas without
prior written approval from the Strata Council. If any Owner/Resident damages
or removes foliage, grass, plants, flowers or trees in the Common Area, such
damage or removal must be repaired or replaced at the Owner’s/Resident’s
expense.
3.08 All planter boxes to be constructed from landscape ties only. No large
construction is allowed.
3.09 No storage of any kind may be stored in the front yards of the building
without first obtaining written permission from the Strata Council.
3.10 All Christmas decorations must be removed from the strata lot by February
1 the following year.
3.11 a) An owner must repair and maintain
the owner’s strata lot except for repairs and maintenance that is the
responsibility of the strata corporation under Alpine Village Strata Bylaws;
and,
b)
An owner who has the use of limited common property must repair and maintain it
except for repairs and maintenance that is the responsibility of the strata
corporation under Alpine Village Strata Bylaws.
4. GARBAGE
4.01 Ordinary household refuse and garbage shall be removed from each Strata
Lot and deposited in containers provided by the Corporation for that purpose at
a central collection point. All garbage shall be well wrapped and securely tied
before depositing in the containers; any materials other than ordinary
household refuse and garbage shall be removed from the Corporation’s Property
at the expense of and by the individual Owners or Residents.
4.02 All cartons must be flattened and all trash placed inside the appropriate
bins provided.
4.03 There shall be no littering on the Common Property, including the exterior
and interior of the building. Cigarette butts are considered to be litter.
4.04 No bags of garbage are allowed to collect in the back or front yards of
the units.
5. ALTERATIONS
5.01 No structural alterations either to the interior or exterior of the
building shall be made.
5.02 No alterations to wiring, plumbing, piping, or other services may be made
unless such alterations do not affect any other Strata Lot or Common Property.
5.03 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 and to provide, at the request of the Strata Corporation,
evidence of appropriate insurance coverage relating to the alteration.
6. COMMON
PROPERTY
6.01 No Owner, Tenant or Guest shall do anything on Common Property to damage
any physical improvement thereto and facilities thereon including parking spaces,
roof, lighting, steps and walkways, utility rooms, storage rooms, retaining
walls, fences, laundry equipment, plumbing, wiring, landscaping, playgrounds
and playground equipment, etc.
6.02 Owners are liable for any damage to the Corporation’s assets and
Common Property caused by family members, Guests, Visitors, or Tenants.
6.03 An Owner causing damage to the Common Property or any Strata Lot due to
negligence, or faulty plumbing such as blocked waste lines, overflowing
bathtubs, sinks or toilets, leaking supply lines, faulty equipment or contents
such as dishwashers, water beds, garberators etc. will be held financially
responsible for the repair of the damage and the cause thereof. If a claim is
made under the Strata Corporations insurance the Owner/Owners of the Strata
Lot/Lots responsible for the damage will be charged back the amount of the
deductible for each claim. All damage created must be repaired immediately.
6.04 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.
7. RESIDENTIAL
PARKING
7.01 All vehicles in the parking area must have at least storage insurance. All
vehicles in the parking area may hold one storage insurance premium for a term
not to exceed six (6) months. Parking of vehicles other than those owned or
used by a Resident or their Guests is prohibited. For the purpose of this
bylaw, vehicles will include cars, trucks, vans, motorcycles, scooters or any
motorized object utilized for transportation. Any vehicle in violation of the
above shall be towed, or if not towed, a weekly fine shall be imposed.
7.02 An Owner, Tenant or Occupant of a residential Strata Lot must use parking
stalls only for the parking of licensed and insured motor vehicles, and not for
the parking of any other type of vehicle or the storage of any other item,
unless otherwise approved in writing by the Strata Council.
7.03 Any vehicle parked in any area other than a designated parking stall
(including visitor’s parking stalls) for more than 48 hours without permission
by the Strata Council will be towed without notification and at the sole risk
and expense of the vehicle Owner.
7.04 Vehicles dripping excessive oils or fuel will be prohibited from the
parking areas until repaired. Owners of parking spaces with vehicles causing
oil staining shall at the Corporation’s notification clean up all drippings, or
on failure to do so in (7) seven days notice, be assessed the cost of clean up.
The Strata Council reserves the right to prohibit a vehicle on Common Property,
that continually leaks oil and where the Resident refuses to remedy the problem
and properly repair the damage caused by their vehicle. A weekly fine shall be
imposed if the above bylaw is violated.
7.05 Parking areas may not be used for storage of any kind.
7.06 No vehicle or equipment attached thereto that may constitute a potential
fire or safety hazard, in the Corporations opinion, shall be permitted in the
parking areas.
7.07 No automotive repairs or maintenance of vehicles in Common Area.
7.08 No vehicle shall park in a manner, which will reduce the width of the
parking lot, neighbor’s parking spaces and walkways.
7.09 All vehicles found in unallocated spaces will be removed at the Owner’s
expense or a weekly fine shall be imposed.
7.10 The speed limit within the complex is ten (10) kilometers per hour.
7.11 All vehicles must be in a moveable condition between November 1st and
April 30th each year to facilitate the removal of snow and sweeping of gravel
in the spring. One warning with a 24-hour provision will be given and if there
is no compliance, the vehicle will be towed at the vehicle Owner’s expense.
7.12 No storage of any recreational equipment, such as tent trailers and canopy
trailers to be parked on Common Property at anytime except with the permission
of the Strata Council in the designated areas.
7.13 No vehicles are permitted on the Common Property unless they are road
worthy.
7.14 Vehicles weighing over one ton GVW are not permitted to park in any
parking stalls on the property unless the vehicle is being used for work hired
for Strata Corporation.
7.15 An Owner, Tenant or Occupant shall not rent or Lease the parking space
assigned by the Strata Corporation to his Strata Lot or otherwise permit that
parking space to be regularly used by anyone that is not a resident of the
building.
7.16 Owners are prohibited from backing their vehicle into parking stalls.
8. HAZARDS
8.01 Hazardous materials, i.e. explosive or flammable materials shall not be
stored or brought into the Common Property, Limited Property, or in any Strata
Lot.
8.02 No Owner shall do anything or permit anything to be done that will
increase the risk of fire or the rate of fire insurance on the building,
grounds or any part thereof.
8.03 Suspected gas leaks shall be reported at once to BC Gas. Other leaks,
i.e.: water, should be reported to the Caretaker, Council Members or the
Management Company.
8.04 Waterbeds are not permitted, except where the Owner provides acceptable
evidence of adequate insurance coverage to the Corporation. Any damage
occurring therefore will be charged to the Owner of such.
8.05 No pyrotechnic (fireworks/fire crackers) device shall be discharged on the
Corporations Property at any time.
8.06 Each Owner/Resident shall endeavor to avoid damaging the plumbing and/or
electrical systems of the building, and any damage to any of these systems
caused by the wrongful act(s) or neglect of any Owner/Resident shall be
repaired at the expense of such Owner/Resident.
8.07 The Strata Corporation PGS173 (Alpine Village) will not be held
responsible for any actions, claims, demands, liabilities, loss damage, injury
or expense of any kind, including attorney fees, which may result for any
reason from use of Common Area property, facilities and equipment.
8.08 Owners (or their representatives) must inspect their vacant units every
two days during the months of October through March 31. Failure to do so, may
impact on any claims against the insurance policy held by the strata.
8.09 An owner shall
reimburse the Strata Corporation for the expense of any maintenance, repair or
replacement and any loss or damages to the sewer system to that Owner’s strata
lot, the common property, the limited common property or the content of same if
the loss or damage arises out or is caused by or results from an act, omission,
negligence or carelessness by flushing into the sewer system any material that
is deemed not to be flushed in the sewer line by:
i)
that
owner; or,
ii)
any
member of the owner’s family; or
iii)
the
owner’s guests, employees, contractors, agents, tenants, or volunteers, but
only to the extent that such expense is not met by the proceeds received from
any applicable insurance policy, excluding the insurance deductible which is
the responsibility of the owner.
9. PROCEDURE
UPON BREACH OF BYLAWS
9.01 Upon being advised in writing by any person that a breach of these Bylaws
has been committed by any Owner or Tenant or Guest of any Resident, the Council
shall: Give notice to the Owner, and the Tenant of any Owner, if applicable of
the breach of the Bylaws in question. The notice to be given pursuant to this
section shall set out in writing the number of the Bylaws breached, the nature of
the breach and the amount of the fine.
9.02 Any person charged a penalty under any bylaw will have the right to put
his case in writing and/or in person within thirty (30) days to the Strata
Council.
10.PENALTY UPON BREACH
10.01 Should any Owner of a Strata Lot or their Tenant be in contravention of
the Bylaws, the Council shall be entitled to take any one or more of the
following actions:
a. Take all
necessary steps to terminate the Tenancy Agreement or Lease on behalf of the
Owner of the Strata Lot.
b. Levy a fine of up to $50.00 per week for each week of contravention, such
fine to be collected by the Corporation from the Owner of the Strata Lot, and
Council is hereby authorized to take all steps necessary to collect such
amount.
11. MAINTENANCE
FEES
11.01 Monthly maintenance payments are due and payable in advance on or before
the first (1st) day of each month. Maintenance fees not received will be subject
to the fines outlined in the Bylaw 11.04.
11.02 For the purpose of these Bylaws the term “Maintenance Fees” shall mean
assessed maintenance fees, penalties, special assessments, parking fees, legal
cost, administration fees, collection costs, and any other unpaid amounts.
11.03 If an Owner is outstanding in their maintenance payments they will not be
allowed to engage in any further financial responsibilities with the Strata
Corporation until their account is cleared up. (i.e. rent an extra parking stall.)
11.04 An owner will be charged a penalty for failing to pay maintenance fee
payments by the due date. A warning letter for the first month a payment is
overdue, $10 for the 2nd month, and $25 for the 3rd and each subsequent month.
After four months of non-payment the strata corporation may issue a lien
against the strata lot in arrears. Fees may be waived if the owner is a
resident at Alpine Village and has made or is making reasonable efforts to pay
the current strata fees and has established a payment plan to have arrears
caught up within 6 months.
11.05 In addition to bylaw 11.04,
an owner late on his payments will be charged an interest rate of 10% per annum
compounded annually and form part of the strata fees.
11.06 If after a line has been registered against the property for unpaid
fees, fines and other charges, as per bylaw
the strata corporation will have the right to initiate court action and
force the sale of the property to collect money owing.
12. DISTURBANCE OF
OTHERS
12.01 In order to promote the safety, welfare, enjoyment, and comfort, of other
Owners/Residents of the Property, the Resident and Guest shall not disturb,
harass, or annoy other Occupants of the property or neighbors. In addition,
noise of any kind, which in the reasonable opinion of the Strata Council may be
calculated to disturb the comfort of any other Occupant of the Property shall
not be made by the Resident or Guest, nor shall any noise whatsoever, including
the playing of any musical instrument be repeated or persisted after a request
to discontinue such noise has been made by the landlord. The Resident or Guest
shall not cause or allow loud conversation, music, television, radio or
irritating noise to disturb the peaceful enjoyment of other Occupants at any
time, and in particular, between the hours of 10:00p.m. and 9:00a.m.
12.02 No instrument or other device shall be used within a Strata Lot which, in
the opinion of the Council, causes a disturbance or interferes with the comfort
of other Owners/Residents.
12.03 Sound reproduction shall be restricted so as not to disturb other
Owners/Residents. If the sound or noise can be heard outside of any Strata Lot,
it shall be deemed as being too loud.
12.04 The sidewalks, walkways, passages and driveways of the Common Property
shall not be obstructed or used for any purpose other than ingress or egress
from the Strata Lots and parking areas within the Common Property.
12.05 An Owner, Tenant or Occupant must not use a Strata Lot for any purpose,
which involves undue traffic, or noise in or about the Strata Lot or Common
Property between the hours of 10:00pm and 9:00am or that encourages loitering
by persons in or about the Strata Lot or Common Property.
13. CORRESPONDENCE
13.01 Communication between Owners/Residents and Council shall be in writing;
signed by the Owner/Resident and shall be directed to the managing agent.
14. AIR CONDITIONER UNITS
14.01 Non-permanent air conditioners and fans are permitted to be placed in
unit windows between May 1st and September 30th of each year. These units must
be removed between October 1st and April 30th or the Owner will be subject to fines.
The surrounding decor must be of a neutral color. The air conditioners and fans
must be secured in a manner that will not cause harm to the building or
Residents.
15. DOORS AND WINDOWS
15.01 Council will continue to maintain the exterior window frames, however,
the repair and maintenance of the glass portion, including broken seals will be
the responsibility of the Strata Lot Owner, as well as the maintenance of
exterior doors.
16. INFORM STRATA CORPORATION
16.01 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.
17. COUNCIL
17.01 Council size
(a) Subject to
subsection (2), the council must have at least 3 and not more than 5 members.
17.02 Council members' terms
(a) The term of
office of a council member ends at the end of the annual general meeting at
which the
new council is
elected.
(b) A person
whose term as council member is ending is eligible for reelection.
17.03 Removing council member
(a) 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 that strata
lot under the Act.
17.04 Replacing council member
(a) If a council
member resigns or is unwilling or unable to act for a period of 2 or more
months, the remaining members of the council may appoint a replacement council
member for the remainder of the term.
(b) A
replacement council member may be appointed from any person eligible to sit on
the council.
(c) 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.
(d) If all the
members of the council resign or are unwilling or unable to act for a period of
2 or more months, persons holding at least 25% of the strata corporation's
votes may hold a special general meeting to elect a new council by complying
with the provisions of the Act, the regulations and the bylaws respecting the
calling and holding of meetings.
17.05 Officers
(a) 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.
(b) A person may
hold more than one office at a time, other than the offices of president and
vice president.
(c) The vice
president has the powers and duties of the president
(i) while the
president is absent or is unwilling or unable to act, or
(ii) for the remainder of the president's term if the president ceases to hold
office.
(d) If an
officer other than the president is unwilling or unable to act for a period of
2 or more months, the
council members
may appoint a replacement officer from among themselves for the remainder of
the term.
17.06 Calling council meetings
(a) 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.
(b) The notice
does not have to be in writing.
(c) A council
meeting may be held on less than one week's notice if
(i) all council
members consent in advance of the meeting, or
(ii) the meeting is required to deal with an emergency situation and all
council members either
(1)
consent in advance of the meeting, or
(2) are unavailable to provide consent after reasonable attempts to contact
them.
(d) The council
must inform owners about a council meeting as soon as feasible after the
meeting has been called.
17.07 Requisition of council
hearing
(a) By application
in writing, stating the reason for the request, an owner or tenant may request
a hearing at a council meeting.
(b) If a hearing
is requested under subsection (1), the council must hold a meeting to hear the
applicant within 1 month of the request.
(c) 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.
17.08 Council meetings
(a) At the
option of the council, council meetings may be held by electronic means, so
long as all council members and other participants can communicate with each
other.
(b) If a council meeting is held by electronic means, council members are
deemed to be present in person.
(c) No person
other than a member of the council shall be entitled to attend a meeting of the
council unless authorized by a resolution of the council. In the course of a
meeting of the council, any person or persons (other than members of the
council) may be excluded from such meeting by a resolution of the council.
17.09 Voting at council meetings
(a) At council
meetings, decisions must be made by a majority of council members present in
person at the meeting.
(b) Unless there
are only 2 strata lots in the strata plan, if there is a tie vote at a council
meeting, the president may break the tie by casting a second, deciding vote.
(c) The results
of all votes at a council meeting must be recorded in the council meeting
minutes.
17.10 Council to inform owners of
minutes
(a) 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.
17.11 Spending restrictions
(a) 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.
(b) 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.
17.12 Limitation on liability of
council member
(a) 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.
(b) Subsection
(1) does not affect a council member's liability, as an owner, for a judgment
against the strata corporation.
17.13 Eligibility to Council.
a) The only persons who may be council members
are the following:
i)
owners;
ii)
individuals
representing corporate owners
iii)
tenants
who, under section 147 or 148 of the SPA have been assigned a landlord’s right
to stand for council
b) An
owner in good standing may assign his or her rights to stand for council to a
long term
occupant
of more than 3 years, also in good standing, or any other qualified person
providing that
the
owner has submitted a Form A General Proxy (Section 56 of the Strata Property
Act) to the
Council
along with a written notice to the Strata Corporation stating the name of the
representative,
the
power assigned and the effective time period.
c) No person shall 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 that strata owner under section 116(1) of the
Strata Property Act
d) If a council member is unable to
continue to be on council pursuant to section 17.13 c) then that
council member is deemed to have
resigned for purposes of section 12 of the Standard Bylaws (Replacing Council
Members)
18. ANNUAL &
SPECIAL GENERAL MEETINGS
18.01 Person to chair meeting
(a) Annual and
special general meetings must be chaired by the president of the council.
(b) If the
president of the council is unwilling or unable to act, the meeting must be
chaired by the vice
president of the
council.
(c) 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.
18.02 Participation by other than
eligible voters
(a) Tenants and
occupants may attend annual and special general meetings, whether or not they
are eligible to vote.
(b) Persons who
are not eligible to vote, including tenants and occupants, may participate in
the discussion at the meeting, but only if permitted to do so by the chair of
the meeting.
(c) 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.
18.03 Voting
(a) At an annual
or special general meeting, voting cards must be issued to eligible voters.
(b) 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.
(c) 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.
(d) The outcome
of each vote, including the number of votes for and against the resolution if a
precise count is requested, must be announced by the chair and recorded in the
minutes of the meeting.
(e) 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.
(f) 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.
(g) 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 to register a lien against that strata lot.
18.04 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; terminate the meeting.
18.05 Electronic Attendance at
Meetings
Attendance by persons at an annual or special general meeting may be by
telephone or other electronic method if such method permits all persons
participating in the meeting to communicate with each other during the meeting.
19. QUORUM FOR ADJOURNED
MEETING
19.01 Notwithstanding section 48(3) of the Act, if within ½ hour from the time
appointed for an annual or special general meeting a quorum is not present, the
meeting shall be terminated if the meeting was convened upon the requisition of
members; but in any other case, the meeting shall stand adjourned for a further
½ hour from the time appointed and, if within one hour from the time appointed a
quorum is not present for the meeting, the eligible voters present in person or
by proxy shall constitute a quorum
20. LIMITING
EXPENDITURE OF COUNCIL
20.01 Subject to subsection (3) below, if a proposed expenditure has not been
approved in the budget or at an annual or special general meeting; the strata
corporation may only make such expenditure out of the operating
fund if the expenditure, together
with all other unapproved expenditures, whether of the same type or not, that
were made pursuant to this subsection (1) in the same fiscal year, is less
than:
(a) $5000.00; or
(b) 15% of the total contribution to the operating fund for the current
year; whichever is less.
20.02 If the strata corporation makes expenditure under subsection (1)
above, the strata corporation must inform owners as soon as feasible about any
expenditure of more than $4500.00 on any single item.
20.03 Notwithstanding subsection (1) above, the strata corporation can make expenditure
out of either the operating fund or the contingency reserve fund if there are
reasonable grounds to believe that an immediate expenditure is necessary to
ensure safety or to prevent significant loss or damage, whether physical,
financial or otherwise
