Amended By-Laws January 9, 2014

SCHEDULE OF BYLAWS

THE OWNERS, STRATA PLAN PGS173 PRINCE GEORGE, BC

BYLAWS OF THE OWNERS, STRATA PLAN PGS173 ALPINE VILLAGE, PRINCE GEORGE, BC

INDEX
Headings Page
Preamble .........................................................................................................................................1
Division 1 – Duties of Owners, Tenants, Occupants and Visitors
1(1)-(3) Payment of strata fees .................................................................................................1
2(1)-(4) Interest charges ...........................................................................................................1
3(1)-(2) Repair and maintenance of property by owner ...........................................................2
4(1)-(5) Use of property ...........................................................................................................2
5(1)-(2) Inform Strata Corporation...........................................................................................3
6(1)-(11) Alterations to the strata lot, LCP or common property ..............................................3
7(1)-(4) Permit entry to Strata Lot............................................................................................6
Division 2 – Powers and Duties of Strata Corporation
8(1) Repair and maintenance of property by Strata Corporation .......................................6
Division 3 – Council
9(1)-(6) Council size and eligibility .........................................................................................7
10(1)-(2) Council members’ terms.............................................................................................8
11(1)-(3) Removing council member .........................................................................................8
12(1)-(4) Replacing council member .........................................................................................8
13(1)-(5) Officers .......................................................................................................................8
14(1)-(4) Calling council meetings.............................................................................................9
15(1)-(3) Requisition of council hearing....................................................................................9
16(1)-(2) Quorum of council ......................................................................................................9
17(1)-(6) Council meetings ......................................................................................................10
18(1)-(3) Voting at council meetings .......................................................................................10
19 Council to inform owners of minutes .......................................................................10
20(1)-(4) Delegation of council’s powers and duties ...............................................................11
21(1)-(2) Spending restrictions.................................................................................................11
21(3) Unapproved expenditures .........................................................................................11
22(1)-(3) Limitation on liability of council member ................................................................12
22(4) Indemnity of council member...................................................................................12
Division 4 – Enforcement of Bylaws and Rules
23(1)-(7) Fines..........................................................................................................................12
23(8)-(9) Remedy a contravention ...........................................................................................13
24 Continuing contravention..........................................................................................13
Division 5 – Annual and Special General Meetings
25(1)-(3) Person to chair meeting.............................................................................................13
26(1)-(2) Participation by other than eligible owners ..............................................................13
27(1)-(6) Voting .......................................................................................................................14
28(1)-(2) Order of business ......................................................................................................14
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29 Governance provisions..............................................................................................15
29(1) Quorum for annual or special general meeting.........................................................15
29(2) Electronic attendance at meetings.............................................................................15
29(3) Eligible voters, strata arrears and quorum ................................................................15
Division 6 – Voluntary Dispute Resolutions
30(1)-(3) Voluntary dispute resolution.....................................................................................15
Division 7 – Additional Bylaws
31(1)-(8) Pets............................................................................................................................16
32 Use of strata lot, limited common property and common property..........................17
32(1)-(2) Prohibitions on the use of strata lot, LCP and common property.............................17
32(3) Restrictions requiring prior approval of council.......................................................19
32(4) Resident obligations..................................................................................................20
33(1) Garbage removal.......................................................................................................20
34(1) Parking and motor vehicles.......................................................................................20
34(1) Speed limit ................................................................................................................20
34(2) Parking location ........................................................................................................20
34(3)-(4) Parking restrictions and prohibitions ........................................................................20
34(5) Rental of additional parking space............................................................................21
34(6)-(8) Towing rights ............................................................................................................22
35(1)-(4) Insurance and insurance deductible ..........................................................................22
36(1)-(6) Indemnity ..................................................................................................................22
37(1)-(2) Authority to bring Small Claims Court action..........................................................24
38(1)-(3) Full indemnity legal costs .........................................................................................24
39 Rentals.......................................................................................................................24
40(1)-(13) Security, access monitoring and video surveillance .................................................25
41(1)-(2) Visitors and children.................................................................................................26
42 Severability ...............................................................................................................26
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PREAMBLE:
These Bylaws bind the Strata Corporation and the owners and tenants to the same extent as if the Bylaws had been signed by the Strata Corporation and each owner and tenant. Owners and tenants are responsible for their occupants and guests.
Unless otherwise stated, all terms have the same meaning as defined in the Strata Property Act, S.B.C. 1998, c. 43. For the purposes of these Bylaws, a “Resident” means collectively, an owner, a tenant or an occupant, and “Residents means collectively, owners, tenants and occupants.
All Residents must comply strictly with the bylaws and rules of the Strata Corporation adopted from time to time.
SCHEDULE OF BYLAWS OF
THE OWNERS, STRATA PLAN PGS173
ALPINE VILLAGE, PRINCE GEORGE, BC
WHEREAS The Owners, Strata Plan PGS173 (the “Strata Corporation”), wishes to amend the bylaws of the Strata Corporation pursuant to the Strata Property Act, S.B.C. 1998, Chapter 43;
NOW THEREFORE:
BE IT RESOLVED by 3/4 vote of the Strata Corporation pursuant to section 128 of the Strata Property Act, S.B.C. 1998, Chapter 43, that:
(a) all previous bylaws registered in the Victoria Land Title Office shall be repealed;
(b) the statutory Standard Bylaws shall be repealed; and,
(c) the following bylaws shall be deemed to be the bylaws of the Strata Corporation (the “Bylaws”):
Division 1 – Duties of Owners, Tenants, Occupants and Visitors
Payment of strata fees
1 (1) An owner must pay strata fees on or before the first day of the month to which the strata fees relate.
(2) An owner of a strata lot must provide the Strata Corporation with monthly consecutive post-dated cheques representing strata fees for that strata lot during the fiscal year of the Strata Corporation, dated on the first day of each month or enter into a preauthorized debit agreement.
(3) All payments returned for non-sufficient funds (“NSF”) will result in a charge to the responsible owner of $25.00.
Interest charges
2 (1) The Strata Corporation's schedule for the payment of strata fees set out in Bylaw 1 shall also provide that strata fees are deemed to be the amount for each strata lot
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based on the approved annual budget from time to time, including any amendments, and calculated based on the unit entitlement formula.
(2) Subject to a provision to the contrary in the resolution, a special levy shall be deemed:
(a) to constitute a strata fee of the Strata Corporation for purposes of this bylaw;
(b) to be in the amount for each strata lot specified by a resolution approved by a ¾ vote of owners from time to time, including any amendments, and calculated based on the unit entitlement formula; and,
(c) to be due and payable on the date specified in the resolution approved by the owners pursuant to section 108 of the Act or, if no date is specified in the resolution, then, it shall be deemed to be due and payable 7 days after the date of owner approval.
(3) The Strata Corporation may charge an owner who is late paying his or her strata fees (comprised of the monthly strata fee and any special levy) interest at the rate of 10% per annum, simple interest, compounded annually or the maximum rate of interest stipulated in the Regulations to the Act enacted from time to time.
(4) Interest payable on a late payment of strata fees is not a fine and shall form part of the strata fees for the purposes of section 116 of the Act
Repair and maintenance of property by owner
3 (1) An owner must repair and maintain the owner's strata lot, except for repair and maintenance that is the responsibility of the Strata Corporation under these bylaws.
(2) An owner who has the use of limited common property must repair and maintain that limited common property, except for repair and maintenance that is the responsibility of the Strata Corporation under these bylaws.
Use of property
4 (1) A Resident or visitor must not use a strata lot, the common property or common assets in a way that
(a) causes a nuisance or hazard to another person;
(b) causes unreasonable noise or makes, causes or permits to be made any noise or sound, including, but not limited to, loud conversation, the playing of amplified music, musical instruments, televisions or radios, which can be heard from outside the strata lot, or any other noise or sound which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of other Residents or their guests at any time, and in particular, between the hours of 10:00 p.m. one day and 8:00 a.m. the following day;
(c) unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot;
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(d) is illegal; or,
(e) is contrary to a purpose for which the strata lot or common property is intended as shown expressly or by necessary implication on or by the strata plan.
(2) If a strata lot is vacant, an owner (or his or her authorized agent) must inspect his or her strata lot once in every 48-hour period during from October 1 through March 31 each year.
(3) A Resident shall not place or install non-permanent, window-mounted air conditioners or fans in windows of the strata lot except during the period from May 1st to September 30th each year, provided that:
(a) air conditioners and fans are safely secured in a manner that does not cause damage to the common property;
(b) are removed on or before October 1st each year; and,
(c) an owner shall be responsible to indemnify the Strata Corporation with respect to any damage caused to the common property arising from the installation of air conditioners and fans, including legal costs on a full indemnity basis.
(4) A Resident or visitor must not cause damage, other than reasonable wear and tear, to the common property, common assets or those parts of a strata lot which the Strata Corporation must repair and maintain under these bylaws or insure under section 149 of the Act.
(5) A Resident or visitor must not do or permit anything to be done that contravenes any statute, ordinance, or bylaw of any government authority, or any rule of law or equity.
Inform Strata Corporation
5 (1) Within 2 weeks of becoming an owner, an owner must inform the Strata Corporation of the owner's name, strata lot number, email address and mailing address outside the strata plan, if any.
(2) On request by the Strata Corporation, a tenant must inform the Strata Corporation of his or her name. The tenant may inform the Strata Corporation of an emergency contact number, vehicle license plate number, phone number and email address outside the Strata Corporation, if any.
Alterations to the strata lot, limited common property and/or common property
6 (1) An owner must obtain the written approval of the council before making an alteration that involves any of the following (the “Alteration”):
(a) the structure of a building;
(b) the exterior of a building;
(c) chimneys, stairs, balconies, patios or other things attached to the exterior of a building;
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(d) doors, windows or skylights on the exterior of a building, or that front on the common property;
(e) fences, railings or similar structures that enclose a patio, balcony or yard;
(f) common property located within the boundaries of a strata lot;
(g) a portion of the strata lot which the Strata Corporation must insure under s. 149 of the Act;
(h) common property, including limited common property;
(i) wiring, plumbing, piping, heating, air-conditioning and other services; or,
(j) common assets.
(2) An owner wishing to make an Alteration must submit an application in writing to the council (the “Application”) prior to commencing work and provide the council with the following:
(a) detailed plans and specification, including a site plan, drawn to scale and outlining the proposed Alteration including dimensions, materials, colours and finishings; and,
(b) any other document or information that the council may reasonably require under the circumstances.
(3) A ¾ vote of owners at an annual or special general meeting will be required pursuant to s. 71 of the Act as one of the conditions of council approval for the Alteration if the council by majority vote determines in its discretion that the Alteration constitutes a significant change to the use or appearance of common property or land that is a common asset.
(4) As a condition of its approval, the Strata Corporation may require the owner, at the owner’s sole expense, to perform the work and to comply with any conditions the council considers reasonable in the circumstances, including the following:
(a) enter into an Alteration and Indemnity Agreement in a form satisfactory to the Strata Corporation;
(b) employ a qualified building envelope professional, architect, engineer or other qualified professional, as required in the sole discretion of the council, to prepare specifications, provide inspection and certification services for the work;
(c) employ qualified/licensed contractor(s) who will perform the work and correct deficiencies;
(d) provide the council with a valid building permit or other permit required for the work by the authority having jurisdiction;
(e) ensure the work is performed to an appropriate standard and in substantial compliance with the plans and specifications approved by the council;
(f) obtain and maintain appropriate insurance for the Alteration;
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(g) indemnify the Strata Corporation and its council members, authorized agents and employees and save them harmless from and against:
(i) any and all costs, expenses, claims or liability arising out of, related to or associated with the Alteration application process, the Alteration and/or the work, including legal costs as between a solicitor and his or her own client; and,
(ii) any damages to the strata lot, limited common property or common property arising out of or related to defects in the design and construction of the Alteration or the failure to adequately repair and maintain the Alteration, including legal costs as between a solicitor and his or her own client; and,
(h) comply with s. 70(4) of the Act and the regulations to the Act, if the Alteration involves increasing or decreasing the habitable area of a residential strata lot;
(i) assume responsibility for all future expenses related to the Alteration, including, without limiting the generality of the foregoing, insurance, repair, maintenance and replacement costs; and,
(j) comply with any other conditions reasonably required in the opinion of the council.
(5) The council may grant written approval for an Alteration to make reasonable accommodation for a person with a disability or special needs.
(6) If an existing Alteration requires replacement, the owner must obtain the prior written approval of the council in accordance with this Bylaw.
(7) If an Alteration has been installed or constructed without approval from the council, or contrary to a condition of approval or otherwise in violation of these Bylaws ("Unauthorized Alteration”), then the owner shall correct, remove and/or restore the property as directed by the council, at the owner’s sole expense, including legal costs as between a solicitor and his or her own client.
(8) If an owner fails to conduct repair, maintenance, removal or other work required pursuant to this Bylaw in a timely fashion after receipt of reasonable notice from the council to conduct such work, the Strata Corporation may carry out the work on behalf of that owner and charge all expenses related to the work to that owner, and the owner shall indemnify and save the Strata Corporation harmless against any and all costs and expenses related to that owner’s failure to conduct said work, including legal costs as between a solicitor and his or her own client.
(9) The notice from the Strata Corporation provided under subsection (6) shall be deemed to constitute a work order for the purposes of sections 83 or 84 of the Act.
(10) Any costs or expenses payable by an owner to the Strata Corporation pursuant to this Bylaw, including legal costs on a full indemnity basis, shall be added to and become part of the strata fees for that owner on the month next following the date on which the cost or expense was incurred and will become due and payable on the next due date of payment of monthly strata fees.
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(11) The approval from the council for an Alteration does not imply any responsibility or liability to the Strata Corporation if the Alteration contravenes any laws and regulations, and all costs and actions required to remedy any contraventions will be the sole responsibility of the owner.
Permit entry to strata lot
7 (1) A Resident or visitor must allow a person authorized by the Strata Corporation to enter the strata lot
(a) in an emergency, without notice, to ensure safety or prevent significant loss or damage, and
(b) at a reasonable time, on 48 hours' written notice, to:
(i) inspect, repair or maintain common property, common assets and any portions of a strata lot that are the responsibility of the Strata Corporation to repair and maintain under these bylaws or insure under section 149 of the Act; or
(ii) to ensure compliance with the Act, Regulations, Bylaws and Rules provided that there are reasonable grounds to believe that a violation exists.
(2) The notice referred to in subsection (1) (b) must include the date and approximate time of entry, and the reason for entry.
(3) An owner or tenant who improperly refuses or fails to provide access contrary to subsection (1) shall be responsible for any damages or additional costs incurred by the Strata Corporation as a result of the refusal or failure to provide an authorized person access. The Strata Corporation may commence court proceedings to compel access to the strata lot and the unit owner or tenant who unlawfully refused or failed to provide access shall not only be responsible for damages, but also for the legal costs of the Strata Corporation as between a solicitor and his or her own client.
(4) If forced entry to a strata lot is required due to an emergency and after using reasonable means the owner or tenant cannot be contacted to provide such entry, then the owner or tenant shall be responsible for all costs related to the forced entry incurred by the Strata Corporation, including any legal costs on a full indemnity basis.
Division 2 — Powers and Duties of Strata Corporation
Repair and maintenance of property by Strata Corporation
8 (1) The Strata Corporation must repair and maintain all of the following:
(a) common assets of the Strata Corporation;
(b) common property that has not been designated as limited common property;
(c) limited common property, but the duty to repair and maintain it is restricted to:
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(i) repair and maintenance that in the ordinary course of events occurs less often than once a year, and
(ii) the following, no matter how often the repair or maintenance ordinarily occurs:
(A) the structure of a building;
(B) the exterior of a building;
(C) chimneys, stairs, balconies, patios and other things attached to the exterior of a building;
(D) doors, windows and skylights on the exterior of a building or that front on the common property;
(E) fences, railings and similar structures that enclose patios, balconies and yards;
(d) a strata lot in a strata plan that is not a bare land strata plan, but the duty to repair and maintain it is restricted to:
(i) the structure of a building,
(ii) the exterior of a building,
(iii) chimneys, stairs, balconies, patios and other things attached to the exterior of a building,
(iv) doors, windows and skylights on the exterior of a building or that front on the common property, and
(v) fences, railings and similar structures that enclose patios, balconies and yards.
Division 3 — Council
Council size and eligibility
9 (1) The council must have at least 3 and not more than 7 members.
(2) A spouse of an owner may stand for the Council. Spouse includes a husband, wife or an individual who has lived and cohabited with the owner for a period of at least 2 years at the relevant time in a marriage-like relationship and includes a marriage-like relationship between persons of the same gender as the owner.
(3) If the owner is a limited corporation or a partnership or other form of business entity, then such entity may appoint an individual who may stand for council.
(4) Only one person is eligible to run for election as a council member at any one time with respect to a particular strata lot.
(5) No person shall stand for council or continue to be on council if the Strata Corporation is entitled to register a lien against that person’s strata lot under Section 116(1) of the Act.
(6) If a council member is unable to continue to be on council pursuant to subsection (5), then that council member is deemed to have resigned for the purposes of these bylaws and the remaining members of the council may replace that member pursuant to Bylaw 12.
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Council members' terms
10 (1) The term of office of a council member ends at the end of the annual general meeting at which the new council is elected.
(2) A person whose term as council member is ending is eligible for re-election.
Removing council member
11 (1) The Strata Corporation may, by a resolution passed by a majority vote at an annual or special general meeting, remove one or more council members. The Strata Corporation must pass a separate resolution for each council member to be removed.
(2) After removing a council member, the Strata Corporation must hold an election at the same annual or special general meeting to replace the council member for the remainder of the term.
(3) If the Strata Corporation removes all of the council members, the Strata Corporation must hold an election at the same annual or special general meeting to replace the council members for the remainder of the term up to, at least, the minimum number of council members required by these Bylaws.
Replacing council member
12 (1) If a council member resigns, or is unwilling or unable to act for a period of more than 2 months, the remaining members of the council may appoint a replacement council member for the remainder of the term.
(2) A replacement council member may be appointed from any person eligible to sit on the council.
(3) The council may appoint a council member under this bylaw even if the absence of the member being replaced leaves the council without a quorum.
(4) If all the members of the council resign or are unwilling or unable to act for a period of 2 or more months, persons holding at least 20% 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.
Officers
13 (1) At the first meeting of the council held after each annual general meeting of the Strata Corporation, the council must elect, from among its members, a president, a vice president, a secretary and a treasurer.
(2) A person may hold more than one office at a time, other than the offices of president and vice president.
(3) The vice president has the powers and duties of the president:
(a) while the president is absent or is unwilling or unable to act, or
(b) if the president is removed, or
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(c) for the remainder of the president's term if the president ceases to hold office.
(4) The council may vote to remove an officer.
(5) 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.
Calling council meetings
14 (1) Any council member may call a council meeting by giving the other council members at least one week's notice of the meeting, specifying the reason for calling the meeting.
(2) The notice does not have to be in writing.
(3) A council meeting may be held on less than one week's notice if:
(a) all council members consent in advance of the meeting; or
(b) the meeting is required to deal with an emergency situation, and all council members either:
(i) consent in advance of the meeting; or
(ii) are unavailable to provide consent after reasonable attempts to contact them.
(4) The council must inform owners about a council meeting as soon as feasible after the meeting has been called.
Requisition of council hearing
15 (1) By application in writing, stating the reason for the request, an owner or tenant may request a hearing at a council meeting.
(2) If a hearing is requested under subsection (1), the council must hold a meeting to hear the applicant within 4 weeks after the request.
(3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week after the hearing.
Quorum of council
16 (1) A quorum of the council is:
(a) one, if the council consists of one member;
(b) 2, if the council consists of 2, 3 or 4 members;
(c) 3, if the council consists of 5 or 6 members; and,
(d) 4, if the council consists of 7 members.
(2) Council members must be present in person at the council meeting to be counted in establishing quorum.
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Council meetings
17 (1) The council may meet together for the conduct of business, adjourn, and otherwise regulate its meetings as it sees fit.
(2) 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.
(3) If a council meeting is held by electronic means, council members are deemed to be present in person.
(4) Owners may attend council meetings as observers unless the council rules by majority vote that observers are not permitted and in that event the ruling shall be final and binding.
(5) Despite subsection (4), no observers may attend those portions of a council meeting that deal with any of the following:
(a) bylaw contravention hearings under section 135 of the Act;
(b) rental restriction bylaw exemption hearings under section 144 of the Act; and,
(c) any other matters if the presence of observers would, in the council's opinion, unreasonably interfere with an individual's privacy.
(6) Every application, complaint or notice to the council for its consent or consideration must be in writing and delivered to the council in compliance with section 63(1) of the Act. The council is not required to deal with a matter brought to its attention in any other manner.
Voting at council meetings
18 (1) At council meetings, decisions must be made by a majority of council members present in person at the meeting.
(2) If there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote.
(3) The results of all votes at a council meeting must be recorded in the council meeting minutes.
Council to inform owners of minutes
19 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, by making the minutes available for viewing at the Strata Corporation’s office and circulating same via email to those owners who consent in writing to this method of delivery or, for those owners who do not consent to delivery via email, then by any other method of delivery set out in the Act.
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Delegation of council's powers and duties
20 (1) Subject to subsections (2) to (4), the council may delegate some or all of its powers and duties to one or more council members or persons who are not members of the council, and may revoke the delegation.
(2) The council may delegate its spending powers or duties, but only by a resolution that:
(a) delegates the authority to make an expenditure of a specific amount for a specific purpose; or,
(b) delegates the general authority to make expenditures in accordance with subsection (3).
(3) A delegation of a general authority to make expenditures must
(a) set a maximum amount that may be spent; and,
(b) indicate the purposes for which, or the conditions under which, the money may be spent.
(4) The council may not delegate its powers to determine, based on the facts of a particular case,
(a) whether a person has contravened a bylaw or rule;
(b) whether a person should be fined, and the amount of the fine;
(c) whether a person should be denied access to a recreational facility; or,
(d) whether an owner should be granted an exemption from a rental restriction bylaw under section 144 of the Act.
Spending restrictions
21 (1) A person may not spend the Strata Corporation's money unless the person has been delegated the power to do so in accordance with these bylaws.
(2) Despite subsection (1), a council member may spend the Strata Corporation's money to repair or replace common property or common assets if the repair or replacement is immediately required to ensure safety or prevent significant loss or damage.
Unapproved expenditures
(3) (a) If a proposed expenditure has not been put forward for approval in the budget or at an annual or special general meeting, the Strata Corporation may only make the expenditure in accordance with this bylaw.
(b) Pursuant to subsection 98(2) of the Act, the expenditure may be made out of the operating fund if the expenditure, together with all other unapproved expenditures, whether of the same type or not, that were made under this subsection in the same fiscal year, is $20,000.00 or less, and the owners are informed of such expenditure as soon as practically possible after same is made.
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Limitation on liability of council member
22 (1) A council member who acts honestly and in good faith is not personally liable because of anything done or omitted in the exercise or intended exercise of any power or the performance or intended performance of any duty of the council.
(2) Subsection (1) does not affect a council member's liability, as an owner, for a judgment against the Strata Corporation.
(3) All acts done in good faith by the council are, even if it is afterwards discovered that there was some defect in the appointment or continuance in office of a member of council, as valid as if the council member had been duly appointed or had duly continued in office.
Indemnity of council member
(4) (a) Each council member shall be indemnified and saved harmless by the Strata Corporation against any and all liability and costs, including legal costs as between a solicitor and his/her own client, for any acts or omissions while he or she was carrying out his or her duties as a member of the council.
(b) Notwithstanding subsection (4), there shall be no indemnity if a council member is adjudged guilty of wilful misconduct, fraud, theft or wrongful exercise of authority in the performance of his or her duties.
Division 4 — Enforcement of Bylaws and Rules
Fines
23 (1) Complaint, right to answer and notice of decision (s.135 of the Act)
(a) The council must not impose a fine for a contravention of a bylaw or rule unless the Strata Corporation has received a complaint about the contravention and given the owner or tenant the particulars of the complaint, in writing, and a reasonable opportunity to answer the complaint, including a hearing if requested by the owner or tenant.
(b) If the person is a tenant, the Strata Corporation must give notice of the complaint to the person's landlord, to the owner, or to the owner’s representative.
(c) The Strata Corporation must promptly give notice in writing of a decision to the tenant or owner.
(d) Once the requirements referred to in this section have been complied with, the council may impose a fine for a continuing contravention of that bylaw or rule without further compliance with this section.
(2) Subject to compliance with subsection (1), the council, in addition to any other rights or remedies that it has available under law, may levy a fine in its sole and absolute discretion in an amount not to exceed a maximum of $200.00 for each contravention of a bylaw of the Strata Corporation and $50.00 for each contravention of a rule.
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(3) A late payment penalty may be assessed against an owner who is in default of payment of his or her strata fees or special levies in the amount of $25.00 for each and every month that payment remains in default.
(4) The Strata Corporation may fine an owner if a Bylaw or rule is contravened by the owner, the owner’s tenant, occupant or visitor.
(5) The Strata Corporation may fine a tenant if a Bylaw or rule is contravened by the tenant or the tenant’s occupant or visitor.
(6) If the Strata Corporation fines a tenant or requires a tenant to pay the costs of remedying a contravention of the Bylaws or rules, the Strata Corporation may collect the fine or costs from the tenant, the tenant’s landlord or the owner, but may not collect an amount, that in total is greater than the fines or costs.
(7) The maximum amount of a fine and the maximum frequency of imposition of a fine must not exceed the maximums set out in the regulations to the Act.
Remedy a contravention
(8) The Strata Corporation may do what is reasonably necessary to remedy a contravention of the Bylaws or rules, including:
(a) doing work on or to a strata lot, the common property or common assets;
(b) removing objects from the common property or common assets.
(9) The Strata Corporation may require the reasonable costs of remedying the contravention be paid by a person who may be fined for the contravention under these bylaws, and reasonable costs shall be deemed to include legal costs as between a solicitor and his or her own client.
Continuing contravention
24 If an activity or lack of activity that constitutes a contravention of a bylaw or rule continues, without interruption, for longer than 7 days, a fine may be imposed every 7 days.
Division 5 — Annual and Special General Meetings
Person to chair meeting
25 (1) Annual and special general meetings must be chaired by the president of the council.
(2) If the president of the council is unwilling or unable to act, the meeting must be chaired by the vice president of the council.
(3) If neither the president nor the vice president of the council chairs the meeting, a chair must be elected by the eligible voters present in person or by proxy from among those persons who are present at the meeting.
Participation by other than eligible voters
26 (1) Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote.
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(2) Persons who are not eligible to vote, including tenants and occupants:
(a) may participate in the discussion at the meeting, but only if permitted to do so by the chair of the meeting; and,
(b) must leave the meeting if requested to do so by a resolution passed by a majority vote of owners present at the meeting.
Voting
27 (1) At an annual or special general meeting, voting cards must be issued to eligible voters.
(2) At an annual or special general meeting a vote is decided on a show of voting cards, unless a precise count is authorized by a majority vote of owners.
(3) If a precise count is requested, the chair must decide whether it will be by show of voting cards or by roll call, secret ballot or some other method.
(4) 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.
(5) If there is a tie vote at an annual or special general meeting, the president, or, if the president is absent or unable or unwilling to vote, the vice-president may break the tie by casting a second, deciding vote.
(6) Despite anything in this section, an election of council or removal of a council member must be held by secret ballot, if the secret ballot is requested by an eligible voter.
Order of business
28 (1) 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;
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(k) approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an annual general meeting;
(l) deal with new business, including any matters about which notice has been given under section 45 of the Act;
(m) elect a council, if the meeting is an annual general meeting;
(n) terminate the meeting.
(2) The order of business at an annual or special general meeting set out in subsection (1) may be changed by a majority vote at the meeting.
Governance provisions
29 (1) Quorum for annual or special general meeting
If within 15 minutes 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, and in any other case, the meeting stands adjourned to 30 minutes from the time appointed for the meeting, at the same place, but, if at the end of that period a quorum is still not present, the eligible voters present in person or by proxy shall be deemed to constitute a quorum.
Electronic attendance at meetings
(2) (a) A person who is eligible to vote may attend at an annual or special general meeting by electronic means, including telephone, teleconference or any other method as determined by the chairperson of the meeting, so long as the method permits all persons participating in the meeting to communicate with each other during the meeting.
(b) If an annual or special general meeting is held by electronic means with a person, the person is deemed to be present in person for the purposes of the meeting.
Eligible voters, strata arrears and quorum (Sections 53(2) and (3) of the Act):
(3) (a) If the Strata Corporation is entitled to register a lien against a strata lot under section 116(1) of the Act, then the vote for that strata lot shall not be exercised at any annual or special general meeting, except on matters requiring a unanimous vote.
(b) If a vote for a strata lot may not be exercised pursuant to subsection (a) then that strata lot's vote must not be considered for the purposes of determining a quorum in accordance with section 48 of the Act or for the purposes of sections 43(1), 46(2) and 51(3) of the Act.
Division 6 — Voluntary Dispute Resolution
Voluntary dispute resolution
30 (1) A dispute among owners, tenants, the Strata Corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if:
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(a) all the parties to the dispute consent, and
(b) the dispute involves the Act, the regulations, the bylaws or the rules.
(2) A dispute resolution committee consists of:
(a) one owner or tenant of the Strata Corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or
(b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.
(3) The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.
Division 7 – Additional Bylaws:
Pets
31 (1) A Resident must not keep any pets on a strata lot other than one or more of the following:
(a) a reasonable number of fish or other small aquarium animals;
(b) a reasonable number of small caged mammals;
(c) up to 2 caged birds;
(d) subject to subsection (2), up to 2 dogs or 2 cats or one dog and one cat, which must be licensed in accordance with any applicable municipal or regional district requirements;
(e) a pet qualified under the Guide Animal Act;
(f) a pet required for living assistance purposes based on satisfactory medical or other evidence.
(2) Subject to subsection (1), all other pets are prohibited and shall not be kept in a strata lot, the limited common property or common property, including, but not limited to, the following: wild animal or other similar type of domestic, exotic or household pet, and notwithstanding subsection (1)(d), the following dogs shall not be permitted to be kept on a strata lot: American Pit Bull Terrier, Bull Terrier, American Staffordshire Terrier, German Shepherd, Doberman, Akita or Rottweiler and any dog of mixed breeding which breeding includes the blood lines of the breeds referred to in this subsection (“Prohibited Pets”).
(3) If, in the opinion of the council, a pet,
(a) causes a nuisance;
(b) constitutes a danger to any person;
(c) disrupts the quiet enjoyment of other occupants;
(d) causes unreasonable noise; or,
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(e) causes unreasonable damage or mess to a strata lot, the common property or limited common property;
(a “Problematic Pet”), the council may require a Resident to remove that pet from the Strata Corporation if the pet is found to be problematic on not less than 3 separate occasions, or the pet is found to be dangerous on one occasion.
(4) A Resident shall remove a Prohibited Pet or a Problematic Pet from the strata lot, limited common property or common property within the time stipulated in a written demand to the Resident from the council to that effect.
(5) If a dog or cat is to be kept on the strata lot for more than 24 hours, a Resident or visitor, as the case may be, shall register that pet with the council by providing the following:
(a) the pet’s name, species, breed and colour, along with a photograph of the pet;
(b) the strata lot number in which the pet is to be kept;
(c) the name and telephone number of the owner of the pet;
(d) the licence number (if applicable), tattoo number and any other information identifying that pet.
(6) A Resident or a visitor, as the case may be, shall:
(a) ensure that pets are on a leash or properly secured within an appropriate container when on the common property or on land that is a common asset; and,
(b) clean up after pets at all times.
(7) A Resident or a visitor, as the case may be, shall not leave a pet unattended at any time on a patio, balcony, yard, or any other part of the common property or limited common property, or in a strata lot for any period exceeding 12 hours.
(8) A Resident in violation of this Bylaw may be subject to any remedy available to the Strata Corporation in addition to fines provided for in these Bylaws, in the discretion of the council.
Use of the strata lot, limited common property and common property
32 (1) Prohibitions on use of strata lot, limited common property and common property
A Resident or visitor, as the case may be, shall not:
(a) have a water bed in the strata lot, unless proof of adequate insurance coverage is provided to the council;
(b) have a real or live Christmas tree in a strata lot (artificial Christmas trees are permitted);
(c) attach festive lighting to the external walls or roof using nails, screws and staples;
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(d) use seasonal lights except during festive periods;
(e) permit anything to be done on the premises which will in any way increase the risk of fire or the rate of fire insurance premium on the building or on the property therein or that will be in breach of any law, order or regulation;
(f) use or ignite any pyrotechnic devices, including fireworks and fire crackers, on the strata lot, common property or limited common property;
(g) store flammable, explosive or hazardous materials in a strata lot or on the common property, including limited common property, except for the storage of gas or propane in approved containers for barbeques or outdoor equipment;
(h) hang laundry, washing, towels, bedding, clothing or other articles in such a manner as to be visible from the outside of a strata lot;
(i) throw any items or shake or wring mops or dusters from patios, balconies, decks, windows, doors or any other portion of the strata lot, common property or the limited common property;
(j) leave or place any items, including cigarette butts or other litter, on the common property;
(k) use or permit his or her strata lot to be used for any purpose other than as a single family dwelling;
(l) use the strata lot for commercial or retail purposes;
(m) place window coverings, including coloured or patterned drapes, sheets, blankets, tin foil or other similar type of coverings, showing from the outside of the building in the windows, except for neutral colour and design, which are permitted;
(n) use charcoal or wood barbeques, except that gas barbeques are permitted;
(o) store any items on decks, patios or yards except for plants, flowers, patio furniture and gas or electric barbecues;
(p) use or install planter boxes on patios, balconies or yards, except planter boxes constructed from landscape ties;
(q) permit plants, including creeping plants such as ivy, to become attached to the exterior surface of a building;
(r) remove, trim, cut or in any way disturb flowers, shrubs, trees or any other plantings on the common property;
(s) do or permit anything to be done that may cause damage to plants, flowers, lawns or other landscaped common areas and for greater certainty, shall not place chairs, tables or other objects on the common property so as to cause damage to landscaping, prevent growth, or interfere with the cutting of lawns or the maintenance of the grounds generally;
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(t) create an obstruction, restriction or hindrance to the sidewalks or other parts of the common property or to persons lawfully using the same;
(u) leave or permit to be left on the common property any bicycles, tricycles, children’s toys or play-things, or any other items likely to cause obstruction, restriction or hindrance to other owners, their visitors, licensees, invitees or workers;
(v) store or pile dust, rubbish, garbage, boxes, packing cases or the like on any part of the common property, excluding designated areas for garbage and other debris; and,
(w) erect signs, fences, billboards, placards, advertising or any other fixture, fitting or signage of any kind whatsoever external to any part of a strata lot or the common property, except a temporary notice to sell a Strata Lot of a size, style and location approved by the Council and signage permitted under the Canada Elections Act.
(2) The council will make reasonable accommodation to a Resident if the Resident proves by medical or other satisfactory evidence, in the sole and reasonable discretion of the council, that the Resident has a medical condition or a physical disability that justifies an exemption from a prohibition enumerated under subsection (1).
(3) Restrictions requiring prior approval of council
A Resident shall obtain the prior written approval of the council before:
(a) installing an awning, aerial, satellite dish, antenna, satellite signal receiving device or any other similar item on the common property or the limited common property;
(b) attaching anything to the external walls or roof using nails, screws, staples or any other fasteners that perforate the exterior of the building or roof;
(c) changing the colour of the exterior of a building, including patios and balconies;
(d) installing a hot tub;
(e) holding a garage sale; and,
(f) operating a home-based business from the strata lot, and if approved, the owner shall ensure that the home-based business:
(i) complies with municipal bylaws and any other applicable legislation;
(ii) does not cause a nuisance or unreasonably interfere with the rights of other persons to use and enjoy their strata lots, the common property or limited common property, including parking areas.
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Resident obligations
(4) A Resident shall:
(a) at all times keep all common areas in a neat, tidy and clean condition;
(b) keep all balconies, decks and patios in a neat, tidy and clean condition; and,
(c) report forthwith to the council or a person designated by it, any accident or injury, insect infestation or failure of water pipes, toilet, drains, fixtures, electrical wires or other fixtures located on the strata lot or common property, including limited common property.
Garbage removal
33 (1) A Resident shall:
(a) remove all household refuse from his or her strata lot and place in designated containers for collection;
(b) properly wrap all garbage in garbage bags, securely tied, to prevent access by animals or birds;
(c) only place household waste in the garbage containers;
(d) place recyclables in separate containers and dispose of the same in compliance with the local municipal bylaws; and,
(e) remove any garbage other than ordinary household refuse from the limited common property or common property, at his or her expense, as soon as practically possible.
Parking and motor vehicles
34 (1) A Resident or his or her guests shall not exceed the speed limit of 10 km per hour on common property roadways.
Parking location
(2) (a) A Resident or his or her guests shall only park motor vehicles in areas designated or assigned for such purpose.
(b) A Resident or his or her guests shall not park in a parking space other the parking spaces designated for that strata lot.
(c) A Resident shall only permit his or her visitor or visitors to park in designated visitors’ parking areas or in the parking space(s) designated for his or her strata lot.
(d) A Resident shall, upon receipt of written notice from the council, remove vehicles from the common property or limited common property to permit sweeping and/or snow removal services.
Parking restrictions and prohibitions
(3) A Resident or their guest shall not:
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(a) park in fire lanes;
(b) park on the common property or the limited common property, including a parking space, in a manner which reduces the width of a neighbouring parking space, roadway or a walkway, or which may compromise the safety or security of the Residents;
(c) park a vehicle in a parking space by backing in;
(d) use a parking space for any purpose other than the parking of vehicles, and for greater certainty, shall not use a parking space for storage of any items;
(e) use a parking space for the storage of a motor vehicle unless proof of adequate storage insurance has been provided to the council, provided that the storage of any vehicle shall not be permitted to exceed a period of 6 months;
(f) park a motor vehicle in a parking space that is not in a moveable condition during the period from November 1st and April 30th, each year;
(g) rent or lease a parking space to a non-Resident of the Strata Corporation or permit any parking space to be used by persons other than a Resident or a visitor to the Strata Corporation;
(h) perform automotive repairs or maintenance on the common property or limited common property, including parking spaces;
(i) park a motor vehicle which is leaking oil or other fluids on the common property or in a parking space, and if such leakage occurs, Residents are responsible for the clean-up of same; or,
(j) park on the interior access road at any time without the prior written approval of the council.
(4) A Resident and their visitors shall not park the following on the common property or on limited common property without the prior written approval of the council, which may be granted subject to conditions:
(a) an uninsured or unlicensed vehicle, including cars, trucks, trailers and motorcycles;
(b) a motor home, recreational vehicle, trailer, tent trailer, canopy trailer, camper, boat or any other recreational vehicle; and,
(c) a commercial vehicle including a transport truck, logging truck, dump truck, bus or other similar vehicle except when used for the provision of services for the benefit of the Strata Corporation or a strata lot.
Rental of Additional Parking Space
(5) An owner may be permitted to rent an additional common property parking space, subject to availability, on a first-come, first-served basis, in accordance with section 110 of the Strata Property Act and regulation 6.9 of the Regulations.
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Towing rights
(6) The council shall provide written notice of any violation of this bylaw to the Resident and if the infraction is not corrected within 24 hours from the date of delivery of such notice, the council, in addition to any other rights which it may have, shall have the right to tow any vehicle which violates this bylaw.
(7) Written notice of a further contravention of this bylaw is not required prior to towing in the event of a second or subsequent infraction of this bylaw.
(8) The Resident who caused or permitted the infraction of these bylaws shall indemnify the Strata Corporation and save it harmless from and against all costs incurred by the Strata Corporation, including towing costs, legal costs, as between a solicitor and his or her own client, and any other reasonable costs.
Insurance and insurance deductible:
35 (1) The Strata Corporation shall obtain an independent appraisal of the property from a qualified appraiser for the purposes of determining full replacement value pursuant to section 149(4)(a) of the Act, and such appraisal shall be conducted at a time determined in the discretion of the council, provided that the time period between each appraisal does not exceed 3-years.
(2) For purposes of section 149(4)(b) of the Act, the Strata Corporation shall obtain adequate insurance for other major perils on an annual basis if such coverage is available and is economically feasible, including:
(a) earthquake insurance;
(b) sewer backup;
(c) flood;
(d) theft or misappropriation of funds; and,
(e) Director’s and Officer’s Liability Insurance.
(3) Subject to the Regulations, the payment of an insurance deductible in respect of a claim on the Strata Corporation’s insurance is a common expense to be contributed to by means of strata fees calculated and payable in accordance with sections 99(2) and 158(3) of the Act.
(4) Strata Corporation approval is not required for a special levy or for an expenditure from the contingency reserve fund to cover an insurance deductible required to be paid by the Strata Corporation to repair or replace damaged property, unless the Strata Corporation has decided not to repair or replace under section 159 of the Act.
Indemnity
36 (1) An owner shall reimburse the Strata Corporation for the expense of any maintenance, repair or replacement and for any loss or damage to that owner’s strata lot, common property, limited common property or the contents of same if:
(a) that owner is responsible for the deductible pursuant to section 158(2) of the Act; or
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(b) the loss or damage arises out of or is caused by or results from an act, omission, negligence or carelessness of that owner, any member of the owner’s family, the owner’s pet(s), or the owner’s guests, employees, contractors, agents, tenants, volunteers or their pets,
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.
(2) For greater certainty, an owner shall be deemed to be responsible even if that owner is not negligent for purposes of payment of the insurance deductible pursuant to section 158(2) of the Act, plus repair costs, legal costs on a full indemnity basis and other related costs or expenses not covered by proceeds from insurance.
(3) Without restricting the generality of the foregoing, an owner is responsible for:
(a) any water escape damage from that owner’s strata lot or any other type of damage caused by or arising out of the operation of any appliance, equipment or fixture located in the owner’s strata lot, including, but not limited to, the following:
(i) dishwasher;
(ii) refrigerator with ice/water dispensing capabilities;
(iii) garburator;
(iv) hot water tank;
(v) washing machine;
(vi) water bed;
(vii) toilet, sink, bathtub and/or shower;
(viii) air conditioner;
(ix) fish tank;
(x) plumbing pipes, fixtures and hoses located wholly within the strata lot and accessible to the owner;
(xi) fireplace; or,
(xii) any other similar type of appliance, equipment or fixture.
(b) any damage arising out of any alteration or addition to the strata lot, the limited common property or the common property installed by that owner or a prior owner of that strata lot; and,
(c) any damage to property that an owner is required to repair and maintain.
(4) An owner shall indemnify and save harmless the Strata Corporation from any cost or expense for repair, maintenance or replacement to the strata lot, common property or limited common property, including legal costs as between a solicitor and his or her own client, but only to the extent that such expense or cost is not reimbursed from the proceeds received by operation of any insurance policy. In such circumstances, any insurance deductible paid or payable shall be considered an expense not covered by the proceeds received by the Strata Corporation as insurance coverage and for purposes of this bylaw will be charged to the owner.
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(5) For purposes of this bylaw, the lesser of the amount of the damages or the insurance deductible plus any uninsured repair costs and related legal costs shall be charged to the owner and shall become due and payable as part of that owner’s monthly assessment on the first of the month following the date on which the expense was incurred.
(6) An owner should obtain and maintain a Condominium Insurance policy to cover:
(a) the losses described in section 161 of the Act;
(b) the deductible portion of the insurance claim against the Strata Corporation’s insurance policy if that owner is responsible for the loss or damage that gave right to the claim; and,
(c) any Alteration, betterments or changes to the buildings or fixtures built by the developer.
Authority to bring Small Claims Court actions
37 (1) Pursuant to section 171(4) of the Act, a ¾ vote of owners to bring a suit against an owner or other person to collect money owing to the Strata Corporation under the Small Claims Act, including money owing as a fine, is not required.
(2) The council is hereby authorized in its sole discretion to authorize legal proceedings in Small Claims Court to collect money owing without the requirement for a further vote or approval of the owners at a general meeting.
Full indemnity legal costs and indemnity
38 (1) An owner in default of the payment of common expenses, strata fees, special levies, interest, fines, and any other amounts owing pursuant to the Act (the “Arrears”) shall reimburse the Strata Corporation and save it harmless against any and all costs and expenses required to collect such Arrears, including legal costs, comprising legal fees, taxes, disbursements and other related expenses, as between a solicitor and his or her own client or on a full indemnity basis.
(2) For purposes of section 133(2) of the Act, “reasonable costs of remedying the contravention” of the Strata Corporation’s bylaws or rules shall be interpreted to include, but not be limited to, legal costs, comprising legal fees, taxes, disbursements and other related expenses, as between a solicitor and his or her own client or on a full indemnity basis.
(3) Subject to the discretion of the council, any legal costs or expenses incurred by the Strata Corporation to collect any Arrears shall be charged to that owner and shall be added to and become part of the assessment of that owner for the month next following the date on which the legal costs or expenses are incurred, but not necessarily paid by the Strata Corporation, and shall become due and payable on the date of payment of the monthly assessment.
Rentals
39 (1) Prior to renting all or part of a strata lot to a prospective tenant, an owner must comply with section 146 of the Strata Property Act by giving the prospective tenant
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(a) the current bylaws and rules (copies of the current bylaws and rules may be obtained from the council for a fee of $0.25 per page (Regulation 4.2(1)); and,
(b) a Notice of Tenant’s Responsibilities (Form K);
(2) Within 2 weeks of renting all or part of a strata lot, the owner must give the Strata Corporation a copy of the Form K signed by the tenant.
Security, access monitoring and video surveillance
40 (1) Residents and employees of the Strata Corporation must ensure when entering and exiting the building that that all locked entranceways are securely closed after use.
(2) Residents must not grant entry to the buildings to any person other than persons known to be Residents or an invitee of Residents, including an employee, contractor or other person known to be performing services and/or making deliveries to a strata lot.
(3) The owners authorize the Strata Corporation to install and operate a closed-circuit television (“CCTV”) camera system solely for the purposes of the safety and security of owners, tenants and occupants of the Strata Corporation and the protection of personal and common property, which other measures have failed to address.
(4) The Strata Corporation shall be responsible to maintain the computerized records for the CCTV systems in secure locations to prevent unauthorized access to the records and to protect the personal information collected by the CCTV systems.
(5) The privacy officer shall be responsible to address all requests for access to the records of the CCTV system in accordance with the provisions of the Personal Information and Privacy Act (“PIPA”).
(6) The CCTV camera system is a video surveillance system with cameras that are motion-activated and operate 24 hours a day and 7 days a week.
(7) There are currently 22 CCTV cameras in operation in the public areas of the Strata Corporation at the following locations:
(a) A drive (entrance), A drive (playground), B drive, C drive, D drive, D drive (entrance), E drive, E drive (playground), F drive, G drive and H drive, I drive;
(b) Sheds: Parking, A38 and A43;
(c) Courtyard: entrance and playground;
(d) A43 – A23, A 23 – A 31, A23 – Dumpster, A50 – A99; and,
(e) D67 – Parking.
(8) The owners authorize the Strata Corporation to install additional CCTV cameras as the council in its discretion, in consultation with the security provider, considers necessary to meet the objectives of safety and security of the Strata Corporation and its residents.
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(9) The Strata Corporation has installed signs at every entrance warning that the area is monitored by video surveillance, and no cameras are positioned so as to record areas beyond the Strata Corporation property or to capture images peripherally or directly through the windows of the Strata Corporation or adjacent buildings.
(10) Recordings from the CCTV cameras shall be stored on a DVR hard drive, which is currently located in the Strata Corporation office, and the Strata Corporation is authorized to utilize an alternative, secure location in its discretion in consultation with the security provider.
(11) Video recordings on the DVR hard drive are stored for approximately 30 days, at which time they are overwritten with new recordings.
(12) Each council member shall have the key to one lock, and the key to the second lock shall be stored off-site in a secure location, currently at the office of the property manager, which may be signed out by a council member or authorized agent.
(13) The video records shall only be accessed in the event of a breach of safety or security, and 2 council members must be present at all times during to view the recording.
Visitors and children
41 (1) Each owner or tenant or their agent is responsible for the conduct of visitors and children residing in their strata lot, including ensuring that noise is kept at a level that, in the sole determination of a majority of the council, does not unreasonably disturb or interfere with the rights of quiet enjoyment of other Residents and their visitors, or that does not violate the noise bylaws of the local jurisdiction, in force from time to time.
(3) Owners and tenants are responsible to ensure that their child or a child under their care and control is properly supervised at all times, including while bicycling, skateboarding, playing hockey or engaging in any other activity on the common property or limited common property.
Severability
42 The provisions of these bylaws shall be deemed independent and severable and the invalidity in whole or in part of any bylaw does not affect the validity of the remaining bylaws, which shall continue in full force and effect as if such invalid portion had never been included herein.
THE END

March 26, 2014

ALPINE STRATA Council # 173

Meeting Minutes

Present: Beth Beeson; Sharon Hordy; Bart Hobson; Franci Meerholz

Administrative Services: Helen DeGroot (Licar Management Group)

Regrets: Derek Fullerton

Homeowner Dan Veller: (entered the meeting at 5:35 PM / left the meeting at 6:00 PM)

1. Call to order at: 5:35 PM

2. Homeowner, Dan Veller, requested to be heard on questions that he sent to Council.

     -Council will respond to Dan Veller in writing with responses to his questions within 7 days.

3. Additions to Agenda: None

4. Motion: To Approve Meeting Minutes from Feb 26 and March 19^th, previously circulated (by Sharon Hordy)

Seconded: By Francie Meerholz

Carried

5. Reports:

   Manager:  

-Financials: Balance Sheet as at 02/28/2014

-Contingency Reserve Fund Statement from Jan 31 2014 to Feb 28 2014

Motion: (by Franci Meerholz) To approve the Feb 2014 Financials

Seconded: by Sharon

Carried

-Balance owed to Strata Feb. 2014, $29,118.71.

-Balance owing to Strata March 26, 2014, $21,018.48.

-Collections: Recovered from SL024, $5545.08 Strata fees, $507.81 interest $128.30 fines and $1724.26 in Legal fees.

- We have recovered from SL 225, $668.96 in Strata fees.

-Recovered from SL 223, $1400.86 in Strata fees.

-Recovered from SL 139, $818.04 in Strata fees.

-Recovered from SL 133, $812.11 in Strata fees.

-Liens have been placed on SL 029, SL 179, SL 122, SL 065, SL 070, and SL 046.

-These 3 Strata units have gone to the courts for collections- SL 046, SL 179, and SL 029.

- Infractions and Violations: Many by-law infractions have been observed and noted. Warning letters have been sent to homeowner. In the case of rental units warning letters have been sent to both homeowner and property managers. Violations will be issued if homeowners do not rectify the infraction (s). The complex will be checked on a regular basis for by-law infractions. Parking will not be tolerated in FIRE LANES. This is a safety issue. Vehicles will be towed at the owner’s expense and a bylaw infraction letter will be sent to the Strata unit owner.

-Persons who receive a Notice of Violation will have 14 days to request a hearing regarding the matter. Failure to comply with the Bylaw regarding the violation or to request a hearing will result in a fine of up to $200.00 being charged every 7 days pursuant to BC Strata Property Act # 135, until such time that Bylaw #__  has been complied with.

-Civic address changes for some units in ‘A’ drive. City of PG determines the civic address and they have re- classified the units A93, A94, A95, A96, A97, A98, and A104. They are all now ‘B’ drive.

Motion: (by Bart Hobson) To instruct office Manager to send out by-law infraction letters to Owners and Property Managers of strata units that are causing disturbance (s).

Seconded: by Sharon Hordy

Carried

 Maintenance: (Mike Grimsrud)

-Some major and minor stucco repairs are required.

- Some wood siding needs to be replaced.

-Painting, calking and sealing building envelope is required.

- Some Trees are plugging gutters and their roots are causing damage to roads, sidewalks and foundations.

  Quotes have been obtained for removing trees. Discussion will ensue at SGM.

- Electrical Room doors kicked in and fuses stolen from Unit’s A84 & A42 fuse panels, resulting in an emergency call out of an electrician.

- Repaired broken electrical room doors and reinforced several others.

-Sewer backups (Feb 28) in ‘A’ drive. Roto Rooter was called to unplug blockage.

-Children jumping over fences resulted in broken fence at rear of ‘B’ drive.

-Blockbuster scoped sewers in A1 – A16 block. Awaiting the report from Blockbuster.

-Defective signs are being replaced.

-Dumpsters constantly full of garbage, dishwashers, furniture, etc.

- Excessive dumping of furniture around garbage bins.

-Flooding in ‘A’ drive. Used sump pump to drain flooded areas

Motion: (by Bart Hobson) To accept Office Manager’s report and Mike’s Maintenance report.

Seconded: by Sharon

Carried

6. Correspondence:

Letters from:  SL019;  SL065; SL210; SL234; SL001; SL002; SL038; SL191; and SL035.

Motion: (by Franci Meerholz) To acknowledge receipt of correspondence

7. Old Business:

-2013/2014 Proposed Budget: discussed increases to Contingency Reserve Fund as recommended in Depreciation Report and also identified costs that need to be funded out of the Operating Fund. Costs need to be clearly identified and budgeted for. 

-Snow clearing invoices (Aurora) to March 17 is $35,277.00.

-Sweeping will be extra. Office Manager to call for quotes for sweeping.

-Office Manager to call for quotes to have all the sewers scoped.

-Insurance claims from past years: 2008; 2009; 2010 (totaling $48,407).

Beth Beeson is to contact Insurance Company to discuss what we can do to keep our premiums as low as possible.  

-Fencing Invoice: Superior Link: Invoice for 933 ft. of fencing along 20^th Ave. Work completed. Total cost $27,990.00. Advance payment of $10,000. Final payment $18,889.50 has been paid in full .As previously arranged,  Gill from Superior Link to meet with Mike Grimsrud regarding back fill underneath new fences and re-seed areas.

-No more new work to be started on fencing until voted on at SGM (Major expenses to be budgeted from Contingency Fund).

8. New Business:

-Motion: (by Sharon Hordy) to meet with Office Manager and Maintenance Manager to conduct work reviews.

Seconded: by Franci Meerholz

Carried

- Complaints: (4) written complaints (Incident Reports)

1. Noise complaint re: SL 175

2. Noise complaint re: SL 236

3. SL 49: Dog barking, running free and pooping everywhere.

4. Re SL 55: unruly behavior of tenants and their guests.

Motion: (by Bart Hobson) to instruct Office Manager to send by-law infraction notices to offending units’ Owners and Property Managers.

Seconded: by Sharron Hordy

Carried.

               

Motion: (by Franci Meerholz) To instruct Office manager to add Confidentiality statement to every outgoing email from Alpine Strata Office.

Seconded by Sharon Hordy

Carried

- Waste Management: 2012 Contract says 6 yard bins, yet only 4 yard bins were provided.

 Result is a breach of contract.

Motion: (by Franci Meerholz) to declare the contract with WM null and void due to breach of contract by WM, and to obtain quotes from other waste disposal businesses for their services.

Seconded: by Bart Hobson

Carried

-  Work BC Employment Services Center Get Working for Youth will have new funding available April 1^st. Last year the BC Govt. funded program had $2800.00 available to offset hiring cost and an additional $1000.00 towards training. Hopefully we can qualify to get some funding.

Franci Meerholz to inquire about funding for hiring new employees for summer work.

See the website:  http://www.getyouthworking.ca/

Next Meeting: Wednesday April 16 2014 at 5:30

Meeting Adjourned: 8:00 PM

March 19 / 2014

Alpine Village Strata – EMERGENCY - Council Meeting Minutes

PGS # 173

We the Council have agreed to waive the 7 days posted notice for Council Meeting so that we can attend to the important business that has come before us.

Meeting start time: 8:15 PM

Present: Beth Beeson; Sharon Hordy; Franci Meerholz (via conference call)

Regrets: Derek Fullerton

Motion: (by Sharon Hordy) To appoint homeowner Bart Hobson to Strata Council

Seconded: by Franci Meerholz

Accepted: by Bart Hobson

Carried

Next Strata Meeting:  Wednesday March 26^th at 5:30 PM

Meeting adjourned at 8:40 PM

Minutes February 26, 2014

February 26, 2014

ALPINE STRATA Council # 173

Meeting Minutes

 

Present: Derek Fulleton, Sharon Hordy, Franci Meerholz (via conference call)

Regrets: Beth Beeson

Administrative Services: Helen DeGroot (Licar Management Group)

 

 

1. Call to order at: 5:52 PM

 

2. Additions to Agenda: Addressing the current Income and Expences for November 2013, December 2013 and January 2014.

 

3. Motion: (by Sharon Hordy) To Accept Income and Expences for November2013, December 2013 and January 2014.

Seconded: By Derek Fullerton

Carried

 

4. Motion: (by Sharon Hordy) To Approve Minutes from January 30^th, 2014 previously circulated.

Seconded:  Derek Fullerton

Carried

 

5. Correspondence:

·         Letter from A5, E6, and D65. Responded with a letter

Motion: (by Sharon Hordy) to acknowledge receipt of correspondence.

Seconded: Derek Fullerton

Carried

 

6. Motion: (by Sharon Hordy) to respond to E6 second letter.

Seconded:  Derek Fullerton.

Carried

 

7. Maintenance

·         Report from Office Manager.

·         Report from Mike Grimsrud.

 

8. Next Meeting: March 13, 7:00 PM

 

9. Meeting Adjourned: 7:10 PM.

 

February 26, 2014

To the Council of Alpine Village Strata

          I regret to inform you all that I must step down from council as I was unaware that my name was not on the land title for the address of C79 2131 Upland St., Alpine Village. The town house was purchased on 2008 during the duration of my marriage. I had assumed both names were on the title of our home. I apologize for this lack of assumed knowledge and any inconvenience this has caused council members and home owners alike. It has been a great experience to work with council on behalf of owners in this strata and I am most confident that I did act in good faith and honesty on behalf of the strata, as well as my fellow council members. To continue to act as such I will on this day February 26, 2014, remove myself as an acting member for Alpine Village Strata.

          At this time I will be returning all confidedtial records/documents that I have acquired, to the best of my knowledge, to remaining members of the Council. I will continue to hold proxy for all other voting matters in the future and will continue to voice my concerns, or help out in any legitimate ways that will better the Strata as a whole. I will no longer hold the responsibilities as a council member or will no longer be privy to any council matters or confidential matters. I will continue to honour the Privacy Act regarding any information I have retained to this point and respect the important need for confidentiality at all times.

          Again, much apologies for the honest ignorance regarding this matter. Thank you for your patience and understanding. I firmly believe in the full competence of the remaining members and encourage you all to continue on what has been accomplished thus far. Job well done and good luck.


Emily Bain

March 2 / 2014 Alpine Strata Council Letter to Owners

March  2  / 2014

Alpine Strata Council Letter to Owners:

 

Alpine Village Strata Council would like to apologise to all owners whose email addresses were inappropriately cc’d on email correspondence on Jan 8 2014. We had instructed our office manager to email Council Meeting Minutes to all owners that we have email addresses for. Unfortunately, all the email addresses were cc’d rather than bcc’d, and everyone on the group email list was then able to see everyone’s email address. Immediately we took steps to prevent that from happening again by directing both the outgoing and the new office manager to never  ‘cc’ emails but to ‘bcc’ them. A bcc is a ‘blind’ cc whereby none of the recipients are able to see any of the other recipients on the email. That is our policy and it was our intention to email the Meeting Minutes in that way. We believe that a breach of your privacy occurred on that day and we sincerely hoped that there would be zero affects to owners caused by that breach.

 Unfortunately, it has come to our attention that some Alpine Village homeowners and possibly someone who is not a homeowner here may be using that email list for their own reasons to communicate with owners at Alpine Village. Any email that is sent to you from any source other that Alpine Village Strata Office or from Council is unauthorized. We would like the unauthorized correspondence to you via the email addresses that were ‘shared’ from the Jan 8 2014 Alpine Village email, to stop. We are looking into what can be done but we need your assistance. If anyone has received ‘unauthorized’ correspondence, please let us know by contacting us at the Strata Office and also by sending us a copy of what you have received. You can forward it to us or copy and mail it or bring it down in person to the office. For this, we need your help and with that we will let you know what action can be taken.

We have been communicative to owners by sending out all the Meeting Minutes and also a Letter to Owners on Jan 3 2014. We email correspondence to everyone that we have email addresses for and for those owners who do not have email, we print and mail via Canada Post which IS expensive. We are trying to obtain an email address for everyone.  So please, help us to save costs, be ‘green’ – help the environment, and let our office know if there is an email address for you that we can send our correspondence to.

We received the final Depreciation Report and we have emailed it out to everyone that we have email addresses for.  It is a very big report, 113 pages long, so we have not printed it or put it in the mail. We will be discussing the Depreciation Report at the ‘SGM’ when it is called. A full report and presentation is required so that owners are fully informed of the current maintenance condition of the buildings and infrastructure in the complex.

Our Maintenance person, Mike is invaluable. He is capable, competent, knowledgeable and is self-motivated. He helps out in every way possible. During the flooding that occurred this winter, Mike mitigated the impending water damage by pumping away all the pools of water. He has a plan drawn for water diversion as well, to mitigate the cost and damage for next winter. Mike alerted us that “many” down-pipes were fallen off the ‘blue’ buildings and water was spewing everywhere. We directed him to reattach all the pipes. In the spring we can assess if the gutters still need to be replaced. Mike is on the ‘front line’ when there is a flooded basement, when sewers back up, when a foundation is cracked and water is leaking in, when pipes are broken, when gutters are plugged, when windows are leaking, when steps are broken. The list is endless and he doesn’t just pick up cigarette butts as an uninformed homeowner has stated elsewhere. . Mike has brought to our attention that there is some sinking happening…..ground giving way around the buildings. He has pointed out that the roots from the trees are causing cracks in the roads, sidewalks and possibly foundations. We get numerous  emergency phone calls from owners to the   Alpine Village Office about cracked foundations and flooded basements. As it is the Strata’s responsibility to repair foundations and the outsides of the buildings, we generally always end up calling CrackMaster to come and make the necessary repairs. This winter, due to flooding everywhere in the Prince George Region, CrackMaster has been so busy that they have not returned our phone calls. Though foundation repairs are costly, they need to be done….. We directed Mike to identify trees that he feels need to be removed for safety reasons or for maintenance reasons. We have called for quotes to remove the trees and we have noted that in our Meeting Minutes. The issue of tree removal will be discussed at the SGM when it is called, however if trees are causing a safety issue or if removal of trees prevents further damage then it will be necessary to remove them without owner’s approval and owners would be advised as soon as possible that this has happened. Tree replacement with a dwarf type tree species can be discussed at the SGM, when it is called, and would be part of the 2013/2014 budget. We do not want to take down any trees. It is not our intention to de-nude the complex, but some trees taken down may be necessary.

 Sewers in some locations in the complex are routinely plugging up causing flooding in basements.  On a regular basis, Strata arranges to get the sewer lines cleaned out. We have been advised by Douglas A. Niemi, CRA, CRP from NLD Consulting Reserve Fund Advisors, strongly urging us, to have the sewer lines scoped to identify any damage or cracks in the pipes.. We are concerned about tree roots growing into the lines causing cracks. In a phone conversation, Doug said that if the lines are cracked and are leaking, it could cost us millions of dollars to repair or replace. We are taking his advice seriously and we will have the lines scoped and the results presented at the SGM when it is called. In the case of a sinking foundation (s), we will have that investigated by a structural engineer. The report will be presented at the SGM when it is called, unless the required repair is of an emergency nature.

We are still working on the 2013/2014 Budget and Contingency Fund Contribution.  Major maintenance costs need to be funded from the Contingency Reserve Fund however the budget that was presented at the AGM did not include a schedule or plan for that. Though the 2013/2014 budget presented at the AGM was flawed and incomplete, the budget had to be passed or else Strata bills could not be paid. We are aware of this limitation and we were given instruction by owners at the AGM that all major (unless emergency) costs need to be approved at an SGM. We are working within the approved budget   and we will be presenting a new budget for you to vote on at the SGM when it is called.

We have been actively working towards collecting all unpaid strata fees, totalling almost $30,000. We are taking legal action such as placing liens, small debts court, etc. in efforts to collect all the money, as well as all associated administrative and legal costs, that are owed to Alpine Village Strata.

We have had our existing Strata by-laws vetted by C.D.Wilson law Corp to bring them into compliance with the BC Strata Property Act. We will bring these by-law changes to the SGM, when it is called, for you to vote on.

Regarding our council member Emily Bain, it is with sadness to report that she has stepped down immediately after finding out she was in fact not registered as a homeowner. She apologises for the "honest ignorance regarding this matter", and her "lack of assumed knowledge". She has acted in good faith and with honesty during her time on council and will be greatly missed. Emily has submitted to the Council of Alpine Village Strata, her letter of resignation. With Emily’s permission, we will be posting it on the blog at:  alpine-village.blogspot.com

As far as another accusation that Licar has been involved in our daily decisions, it is false. We have had Helen DeGroot under contract separately from Licar, to inform us as to what is expected from a properly functioning council as we are new to these legalities and wish to offer you decisions and actions based on current rules. Helen is one of very few licensed individuals who would offer her time, so to keep it from seeming like it was something it was not, she is under contract and has signed confidentiality documents regarding this.

We have not started any audits and that can be a topic to add to the agenda for the SGM when it is called.

Snow removal and garbage collection are major costs to the strata. These topics will be addressed in the budget at the SGM when it is called.

We endeavour to keep owners informed of the work that we are doing as your elected Strata Council. We are volunteers and we are not profiting in any way individually from being in these elected positions other that when Alpine Village becomes a great place to live and is well maintained and well managed, then we all will profit.

We wish to thank you for your understanding and support during these past few months as we have been learning what our responsibilities are as Council and we have been striving to fulfill our obligations to you.

 

Sincerely,

Alpine Village Strata Council:

Derek Fullerton (President); Beth Beeson ( Vice-president & Treasurer); Sharon Hordy ( Secretary); and Franci Meerholz.

 

 

 

 

 

Meeting Minutes Jan 30th 2014

Present: Derek Fullerton, Beth Beeson, Emily Bain, Sharon Hordy, Franci Meerholz (via telephone conference call)
Administrative Services: Helen DeGoot (Licar Management Group)
Home Owner: Dan Veller - entered the meeting at 6:00 PM.

Call to order: 5:35PM

Additions to Agenda: none

Motion: (by Shoron Hordy) To approve agenda
Seconded: by Derek Fullerton
Carried

Motion: (by Sharon Hordy) To approve Jan 16 2014 minutes (previously circulated)
Seconded: Derek Fulllerton
Carried

Motion: (by Franci Meerholz) To approve Financial Report dated Sept 30th 2013
Seconded: by Derek Fullerton
Carried

Reports:
-Office manager Report by Phyllis Thorkelson
-Maintaince Report by Mike Grimsrud (presented by Phyllis Thorkelson)
Motion: (by Emily Bain) To accept reports
Seconded: by Franci Meerholz
Carried

Correspondence:
Motion: (by Sharon Hordy) To acknowledge receipt of Correspondence
Seconded: by Emily Bain
Carried
-Letter from the Office of the Information and Privacy Commissioner-received Jan 24 2014
-Letters of Complaint from units D54 and A111
-Letter from A105: request for an additional pet
Motion:(by Emily Bain) To deny the request
Seconded: by Franci Meerholz
Carried

Motion: (by Emily Bain) To direct Office Manager to provide arrears info for collection for Strata Lot 065 to Lawyer CD Wilson and also for approximate cost to act on behalf of the Strata Corp.
Seconded: by Sharon Hordy
Carried

     -Updated arrears list by PhyllisThorkelson
     -New "K" form letter
     -New Complaint/Incident Report Letter
     -Bylaw amendments to be voted at SGM
     -2013/2014 Proposed Budget and Contingency Fund Contributions

Motion: (by Beth Beeson) To instruct Office Manager Phyllis Thorkelson to email completed Depreciation Report to all owners that we have email addresses for.
Seconded: Derek Fullerton
Carried

9. New Business:
    Motion: (by Beth Beeson) To include Emily Bain and Franci Meerholz as signing authority at the bank - AND - ANY TWO of the five to sign, and they are: Derek Fullerton, Beth Beeson, Sharon Hordy, Emily Bain and Franci Meerholz.
Seconded: Derek Fullerton
Carried


10. Maintenance;
     -No flood damage to Strata complex that we know of.
     -Strata pruchased a sump pump for $125.00 from Princess Auto. Pump used during flooding.          Pump worked very well. Three new pumps needed for when flooding occures again.
     -Mike has been working on down-spouts in the Blue section and has them all repaired using new
      drain pipe.
     -Crack master has not returned our calls.
     -Spruce trees in complex causing damage to roads, sidewalks, foundations and sewers. Mike has
      identified all trees that he feels should be cut down. Quotes required for tree and stump removal.

11. In Camera: at 7:30 PM
     -discussed arrears

12. Next Meeting: Thursday Feb 20 2014 at 5:30 PM

13. Meeting termination time: 8:17 PM

Meeting Minutes Jan. 16th 2014

Present: Beth Beeson; Sharon Hordy; Franci Meerholz (via conference call)
Adminidtrative Services: Helen DeGroot (Licar Management Group)
Regrets; Derek Fullerton; Emily Bain

1. Call to order at 7:22 PM

2. Additions to Agenda: Received Depreciation Report

3. Motion: (by Sharon Hordy) To Approve Agenda
  Seconded: by Franci Meerholz
  Carried

4. Motion: (by Sharon Hordy) To Approve minutes from Jan 3rd and 4th / 2014 preciously circulated.

5. Correspondence:
    -From Office Manager
    - 2 letters of complaints
    -Final Depreciation Report received. Copy to be provided to owners at SGM
   Motion: (by Sharon Hordy) To acknowledge receipt of correspondence.
   Seconded: by Franci Meerholz
   Carried

   Motion: (by Franci Meerholz) To approve that the Office Manager to advise all owners who  have   rented units that a Form "K" must be completed and forwarded to the office within 14 days.
Seconded: by Sharon Hordy
Carried

   Motion (by Franci Meerholz) To give authorization to the Office manager to deal with complaints on an ongoing basis informing both the tenamt and the owner of the by-law violation (s).
Seconded: by Sharon Hordy
Carried

6. Maintenance:
   -Maintenance Report from Mike Grimsrud
   -Flooding
   -Repair office door, secure and weather strip
   -Down pipes fallen off of 'blue' buildings. Mike to reattach.
   -Tool inventory

7. Old Business:
    Motion: (by Sharon Hordy) To ratify to hire new Office Manager Phyllis Thorkelson effective on Jan 8 2014.
    Seconded: by Franci Meerholz
    Carried
    -C.D. Wilson Law Corp. vetting by-laws in compliance with the Strata Property Act, is on-going.
    -Regarding our request to the Accountant for receipts form 2007 &2008 for loans to Claude DesRoches: Accounting does not have the receipts.
    -Emily Bain and Beth Beeson met with Banker regarding business accounts.

8. New Business:
    -Locks and Passcode changed out in office
    -Report from Office manager regarding Liens and Accounts Receivables.
    Motion: (by Franci Meerholz) To instruct Office Manager to contact the mortgage holder for those strata units which have liens registered on the title.
    Seconded: by  Sharon Hordy
    Carried

   Motion: (by Franci Meerholz) from Council for Office Manager to send DEMAND Notices to: Lot 234-H121; Lot 225-H112; Lot 223-H110; Lot 179-G66; Lot 139-E26; Lot 122-E9; Lot 33-A33; Lot 031-A31; Lot 29-A29; Lot 024-A24; and to follow with Liens after the 14 day period has been exhausted.
   Seconded: by Sharon Hordy
   Carried.

9. Next meeting: Thursday January 30 2014 at 5:30 PM

10. Meeting adjourned; 9:06 PM

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