ALPINE
VILLAGE BYLAWS - November 25, 2010
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)
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.
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.
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, garburators 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 cleanup.
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 any time
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
