STRATA PLAN PGS-173
ALPINE VILLAGE CORPORATION BYLAWS
Revised and Amended per 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. 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 ofPrince 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.
2.01 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
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
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) No sun reflectors, foil, or awnings 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.
3.07 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.
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.
6.01 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 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.
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 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.
7.07 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.
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:
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.
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.
11.01 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
lien has been registered against the property for unpaid fees, fines and other
charges, as per bylaw 11.04, 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.
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.
(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
(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.
(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.
(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
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
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
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.
(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.
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.
