"3/4 vote" means a vote in favour of a resolution by at least 3/4 of the votes cast by eligible voters who are present in person or by proxy at the time the vote is taken and who have not abstained from voting;
"80% vote" means a vote in favour of a resolution by at least 80% of the votes of all the eligible voters;
"assessed value" means the value assessed under the Assessment Act;
"bare land strata plan" means
.... (a) a strata plan on which the boundaries of the strata lots are defined on a horizontal plane by reference to survey markers and not by reference to the floors, walls or ceilings of a building, or
.... (b) any other strata plan defined by regulation to be a bare land strata plan;
"bylaw" means a bylaw of a strata corporation;
"common asset" means
....(a) personal property held by or on behalf of a strata corporation, and
....(b) land held in the name of or on behalf of a strata corporation, that is
........(i) not shown on the strata plan, or
........(ii) shown as a strata lot on the strata plan;
"common property" means
....(a) that part of the land and buildings shown on a strata plan that is not part of a strata lot, and
....(b) pipes, wires, cables, chutes, ducts and other facilities for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, if they are located
........(i) within a floor, wall or ceiling that forms a boundary
............(A) between a strata lot and another strata lot,
............(B) between a strata lot and the common property, or
............(C) between a strata lot or common property and another parcel of land, or
........(ii) wholly or partially within a strata lot, if they are capable of being and intended to be used in connection with the enjoyment of another strata lot or the common property;
"contingency reserve fund" means a fund for common expenses, as set out in section 92 (b);
"eligible voters" means persons who may vote under sections 53 to 58;
"judgment" means a judgment of a court, and includes costs awarded in respect of the judgment;
"landlord" means an owner who rents a strata lot to a tenant and a tenant who rents a strata lot to a subtenant, but does not include a leasehold landlord in a leasehold strata plan as defined in section 199;
"limited common property" means common property designated for the exclusive use of the owners of one or more strata lots;
"majority vote" means a vote in favour of a resolution by more than 1/2 of the votes cast by eligible voters who are present in person or by proxy at the time the vote is taken and who have not abstained from voting;
"occupant" means a person, other than an owner or tenant, who occupies a strata lot;
"operating fund" means a fund for common expenses, as set out in section 92 (a);
"owner" means a person, including an owner developer, who is
....(a) a person shown in the register of a land title office as the owner of a freehold estate in a strata lot, whether entitled to it in the person's own right or in a representative capacity, or
....(b) if the strata lot is in a leasehold strata plan, as defined in section 199, a leasehold tenant as defined in that section,
unless there is
....(c) a registered agreement for sale, in which case it means the registered holder of the last registered agreement for sale, or
....(d) a registered life estate, in which case it means the tenant for life;
"rule" means a rule of a strata corporation made under section 125 or 197;
"strata corporation" means a strata corporation established under section 2;
"strata lot" means a lot shown on a strata plan;
"sue" means the act of bringing any kind of court proceeding;
"suit" means any kind of court proceeding;
"tenant" means a person who rents all or part of a strata lot, and includes a subtenant but does not include a leasehold tenant in a leasehold strata plan as defined in section 199 or a tenant for life under a registered life estate;
"unanimous vote" means a vote in favour of a resolution by all the votes of all the eligible voters;
"unit entitlement" of a strata lot means the number indicated in the Schedule of Unit Entitlement established under section 246, that is used in calculations to determine the strata lot's share of
....(a) the common property and common assets, and
....(b) the common expenses and liabilities of the strata corporation;
(1) An Owner must pay Strata Fees on or before the first day of the month to which the Strata Fees relate.
2. Repair and Maintenance of Property by Owners
(1) An Owner must repair and maintain the Owner’s strata lot, except for the repair and maintenance that is the responsibility of the Strata Corporation under these Bylaws.
(2) An Owner who has use of limited common property must repair and maintain the limited common property, except for the repair and maintenance that is the responsibility of the Strata Corporation under these Bylaws.
3. Use of Property
(1) An Owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that:
....(a) cause a nuisance or hazard to another person
....(b) causes unreasonable noise
....(c) unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot,
....(d) is illegal, or
....(e) is contrary to a purpose for which the strata lot or common property is intended as shown expressly or by necessary implication on or by the Strata Plan.
(2) An Owner, tenant, occupant 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.
(3) An Owner, tenant or occupant must not:
....(a) use the strata lot for any purpose, which involves undue traffic or noise in or about the strata or common property between the hours of 11:00 p.m. and 7:00 a.m. or that encourages loitering by persons in or about the strata lot or common property.
....(b) make, cause or produce undue noise, smell, vibration or glare in or about any strata lot or common property or do anything which will interfere unreasonably with any other Owners, tenants or occupant.
....(c) use any musical instrument, amplifier, sound production equipment or other device within or about a strata lot, the common property or limited common property, such that it causes a disturbance or interferes with the comfort of any other Owners, tenants or occupants.
....(d) obstruct or use the sidewalks, walkways, passages and driveways of the common property for any purpose other than ingress or egress from the strata lots or parking areas within the common property of the Strata Plan.
....(e) do anything that will increase the risk of fire or the rate of insurance on the building or any part thereof.
....(f) allow a strata lot to become unsanitary or a source of odour.
....(g) install any window coverings, visible from the exterior of the strata lot, which are other than neutral in colour.
....(h) hang or display any laundry, washing, clothing, bedding or other articles from windows, patios or other parts of the building so that they are visible from the outside of the building.
....(i) use or install in or about a strata lot any shades, awnings, window or balcony guards or screens, except those installations approved in writing by the Council.
....(j) erect on or fasten to the strata lot, the common property or any limited common property any television or radio antenna or similar structure or appurtenance thereto, except those installations approved in writing by the Council.
....(k) place any signs, billboards, notices or other advertising matter of any kind on, or visible from, the exterior of a strata lot.
....(l) give entrance codes or other means of access to common areas to any person other than an employee, contractor, occupant or guest of the strata lot permitted by these Bylaws.
....(m) install ventilators or air conditioning devices on the exterior of the strata lot without the prior written approval of the Strata Council. The noise generated by the operation of the air conditioner shall not unreasonably disturb any neighbours;
....(n) subject the other residents of the complex to the sight of untidy accumulated possessions or debris within the garage of a strata lot. At the request of Council, an Owner, tenant or occupant with unsightly accumulations within the garage, shall keep the garage door closed at all times except when in use for the purpose of entering or leaving the garage.
(4) Cannabis – An owner, tenant, occupant or visitor must not grow, produce, harvest, store, distribute or manufacture cannabis and cannabis-infused products within a strata lot or anywhere on common property including limited common property.
4. Inform Strata Corporation
(1) Within 2 weeks of becoming an Owner, an Owner must inform the Strata Corporation of the Owner’s name, strata lot number and mailing address outside the Strata Plan, if any.
(2) On request by the Strata Corporation a tenant must inform the Strata Corporation of his or her name.
5. Security Devices and Window Definitions/Altering Exterior Appearance
6. Evidence of Insurance Coverage for Altering Common Property
(1) An Owner must obtain the written approval of the Strata Corporation before making an alteration to common property, including limited common property or common assets.
(2) The Strata Corporation may require as a condition of its approval that the Owners agree, in writing, to take responsibility for any expenses relating to the alteration and to provide, at the request of the Strata Corporation, evidence of appropriate insurance coverage relating to the alteration.
7. Inspection of Strata Lots for Bylaw Compliance
2 The notice referred to in Subsection (1)(b) must include the date and approximate time of entry and the reason for entry.
DIVISION NO. 2 - POWERS AND DUTIES OF THE STRATA CORPORATION
Section 8 of the Bylaws
(1) The Strata Corporation must repair and maintain all of the following:
(i) repair and maintenance that in the ordinary course of events occurs less often than once a year, and
(i) the structure of a building.
(ii) the exterior of a building.
9. Council Size
(1) Subject to Subsection (2), the Council must have at least 3 and not more than 7 members. Records will also be kept of two alternates, who will be requested to replace an elected member, who cannot complete their term of office.
(2) If the Strata Plan has fewer than 4 strata lots, or the Strata Corporation has fewer than 4 Owners, all the Owners are on the Council.
10. Council Members’ Terms of Office
(1) The term of office of a Council member shall be two years with the exception of the first election, where three members will be elected to one year.
(2) A person whose term as a Council member is ending is eligible for re-election.
11. Removing Council Members
(1) Unless all the Owners are on the Council, 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.
(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) No person may stand for Council or continue to be on Council with respect to a strata lot if the Strata Corporation is entitled to register a lien against that strata lot under the Act.
12. Replacing Council Members
(1) Where a Council member is unwilling or unable to act for a period of two (2) or more months, the remaining members of Council may appoint a replacement Council member for the remainder of the term.
(2) If at any time there are less than 7 Council members a replacement Council member may be appointed from any person eligible to sit on Council in accordance with Section 28 of the Act.
(3) The Council may appoint a Council member under this section even if the absence of the member being replaced leaves the Council without a quorum.
(4) If all members of the Council resign or are unwilling or unable to act for a period of 2 or more months, persons holding at least 25% of the Strata Corporation’s votes may hold a Special General Meeting to elect a new Council by complying with the provisions of the Act, the Regulations and the Bylaws respecting the calling and holding of meetings.
(1) At the first meeting of the Strata 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) for the remainder of the President’s term if the President ceases to hold office.
(4) If an officer other than the President is unwilling or unable to act for a period of two (2) or more months, Council members may appoint a replacement officer from among themselves for the remainder of the term.
14. Calling Council Meetings
(1) Any Strata Council member may call a Strata Council Meeting by giving the other Council members at least one (1) week’s notice, specifying the reason for calling the meeting.
(2) The notice does not have to be in writing.
(3) A Strata Council Meeting may be held on less than one (1) 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 have been made to contact them.
15. Requisition of Strata Council Hearing by Owner
(1) By application in writing, stating the reason for the request, an Owner or tenant may request a hearing at a Strata Council Meeting.
(2) If a hearing is requested under Subsection (1), Council must hold a meeting to hear the applicant within one month of the request.
(3) If the purpose of the hearing is to seek a decision of the Council, the Council must give the applicant a written decision within one week of the hearing.
16. Quorum of Council
(1) A quorum of the Strata Council is:
....1. (a) 1, if the Council consists of one member,
....2. (b) 2, if the Council consists of 2, 3 or 4 members,
....3. 3, if the Council consists of 5 or 6 members, and
....4. 4, if the Council consists of 7 members.
(2) Strata Council members must be present in person at the Strata Council Meeting to be counted in establishing a quorum.
17. Council Meetings
(1) At the option of the Strata Council. Council Meetings may be held by electronic means, provided that all Council members and other participants can communicate with each other.
(2) Where the Strata Council does hold a Strata Council Meeting by electronic means, Council members will be deemed to be present in person.
(3) Owners are permitted to attend Council Meetings, but cannot participate.
(4) Owners wishing to address the Strata Council, are required to submit a written request, 48 hours prior to the meeting.
(5) Despite subsection (3), no observers may attend those portions of the Strata Council Meeting that deals with any of the following:
....(a) Bylaw contravention hearings, under Section 135 of the Act;
....(b) Rental Restriction Bylaw exemption hearings under Section 144 of the Act;
....(c) any other matters if the presence of observers would, in Council’s opinion, unreasonably interfere with an individual’s privacy.
18. Voting at Strata Council Meetings
(1) At Strata Council Meetings, decisions must be made by a majority of the Strata Council members present in person at the meeting.
(2) Unless there are only 2 strata lots in the Strata Plan, if there is a tie vote at a Strata Council Meeting, the President may break the tie by casting a second and deciding vote.
(3) The results of all votes at Strata Council Meetings must be recorded in the Council Meeting Minutes.
19. Strata Council to Provide Owners with Copies of Minutes
(1) The Strata Council must inform Owners of the Minutes of Council Meetings within 2 weeks from the date of the meeting, whether the Minutes have been approved or not.
20. Delegation of Council’s Powers and Duties
(1) Subject to subsections (2) and (4), the Strata 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 Strata Council, and may revoke such delegation.
(2) The Strata Council may only delegate its spending powers or duties by way of a resolution:
....(a) that delegates the authority to make an expenditure of a specified amount for a specific purpose, or
....(b) that delegates the general authority to make an expenditure in accordance with subsection (3).
(3) A delegation of general authority to make expenditures must:
....(a) set the maximum amount that may be spent, and
....(b) indicate the purpose for which and the conditions under which the money may be spent.
(4) The Strata Council may not delegate its powers to determine based on the facts of a particular case, whether:
....(a) a person has contravened a Bylaw or a Rule,
....(b) a person should be fined, and the amount of the fine, or
....(c) a person should be denied access to a recreational facility.
21. Spending Restrictions
(1) No person may spend the Strata Corporation’s money unless the person has been delegated the power and authority to do so in accordance with these Bylaws.
(2) Despite subsection (1) a Strata Council member may spend the Strata Corporation’s money to repair or to replace common property or common assets if the repair or replacement is immediately required to ensure safety or to prevent significant loss or damage.
22. Limitation on Liability of Strata Council Members
(1) A Strata 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 Council.
(2) Subsection (1) does not affect a Strata Council member’s liability as an Owner, for a judgement against the Strata Corporation.
23. Maximum Fines
(1) The Strata Corporation may fine an Owner or tenant a maximum of
(a) $200.00 for each contravention of a Bylaw, and
(b) $50.00 for each contravention of a Rule.
(2) The Strata Corporation may impose a fine on an Owner or tenant for continuing contravention of a Bylaw or Rule every 7 days.
(3) Each Owner and tenant is responsible for payment, without invoice, of any money (other than Strata Fees, but including Special Levies) owing to the Strata Corporation as provided for in theAct or these Bylaws, and if the Owner or tenant fails to pay any money so owing within 15 days after the date such money becomes due, the Owner or tenant will, after having been given written notice of the default and been provided with a reasonable opportunity to answer the complaint, (including a hearing if requested) be assessed and pay a fine of $25.00 and if such default continues for a further 15 days, an additional fine of $25.00 will be levied against and paid by the Owner or tenant, as the case may be, and for each additional month such default continues, an additional fine of $25.00 will be levied against and paid by the Owner or tenant.
(4) Additional assessments, fines authorized by these Bylaws, banking charges, filing costs, legal expenses, interest charges and any other expenses incurred by either the Strata Corporation to enforce these Bylaws, as they may be amended from time to time, or any Rule which may be established from time to time by the Strata Council pursuant to the Act or these Bylaws, shall become part of the assessment of the Owners responsible and shall become due and payable on the first day of the month next following, except that any amount owing in respect of a fine or the cost of remedying the contravention of a Bylaw will be calculated as a separate component of such assessment and the Strata Corporation may not register a lien against such separate component.
24. Continuing Contravention
26. Person to Chair Meeting
(1) Annual and Special General Meetings must be Chaired by the President of the Strata Council.
(2) If the President of the Strata Council is unwilling or unable to act, the meeting must be Chaired by the Vice-President of the Strata Council.
(3) If neither the President nor the Vice-President of the Strata Council Chairs the meeting, a Chair must be elected by the eligible voters present in person or by proxy from among those Owners who are present at the meeting.
27. Participation by Other than Eligible Voters
(1) Persons who are not eligible to vote may participate in the discussion at the meeting, but only if permitted to do so by the Chair of the meeting.
(2) Persons who are not eligible to vote, must leave the meeting if requested to do so by a resolution passed by a majority vote at the meeting.
(1) At an Annual or Special General Meeting, voting cards must be issued to eligible voters.
(2) At an Annual or Special General Meeting, a vote is decided on a show of voting cards, unless an eligible voter requests a precise count.
(3) If a precise count is requested, the Chair must decide whether it will be by show of 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) If there are only 2 strata lots in the Strata Plan, subsection (5) does not apply.
(7) Despite anything in this section, an election of Council or any other vote must be held by secret ballot, if the secret ballot is requested by an eligible voter.
(8) An Owner who is otherwise an eligible voter may not exercise his or her vote for a strata lot, except on matters requiring a unanimous vote, if the Strata Corporation is entitled to register a lien against that Strata Lot.
29. Order of Business
(1) The order of business at Annual and Special General Meeting is as follows:
(a) certify proxies and corporate representatives and issue voting cards;
(b) determine that there is a quorum;
(c) elect a person to Chair the meeting, if necessary;
(d) present to the meeting proof of notice of meeting or waiver of notice;
(e) approve the agenda;
(f) approve Minutes from the last Annual or Special General Meeting;
(g) deal with unfinished business;
(h) receive reports of Council activities and decisions since the previous Annual General Meeting, including reports of Committees, if the meeting is an Annual General Meeting;
(i) ratify any new Rules made by the Strata Corporation under Section 125 of the Act;
(j) report on insurance coverage in accordance with Section 154 of the Act, if the meeting is an Annual General Meeting;
(k) approve the budget for the coming year in accordance with Section 103 of the Act, if the meeting is an Annual General Meeting;
(l) elect a Council, if the meeting is an Annual General Meeting;
(m) deal with new business, including any matters about which notice has been given under Section 45 of the Act;
30. Voluntary Dispute Resolution
(1) A dispute among or between Owners, tenants, the Strata Corporation or any combination thereof may be referred to a Dispute Resolution Committee by a party to the dispute if
(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.<hr>
(3) The Dispute Resolution Committee must attempt to help the disputing parties to voluntarily end the dispute.
30. Voluntary Dispute Resolution
(1) A dispute among or between Owners, tenants, the Strata Corporation or any combination thereof may be referred to a Dispute Resolution Committee by a party to the dispute if
.....(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.
31. Small Claims Actions
(1) Notwithstanding any provision of the Act, the Strata Corporation may proceed under the Small Claims Act (British Columbia) against an Owner or other person to collect money owing to the Strata Corporation, including money owing as a fine, without requiring authorization by a Resolution passed by a 3/4 vote.
.....(b) All vehicles must be licensed for use on the public roads of British Columbia or have storage nsurance and a minimum of $1,000,000 liability insurance in place. Proof of “storage and liability insurance” including fire must be provided to the Strata Corporation.
(4) An Owner, tenant or occupant must promptly and at its own expense, clean up any oil or substance, which spills or leaks onto the common property.
(5) An Owner, tenant or occupant shall not litter common property.
(6) An Owner, tenant or occupant shall not store flammable materials on common property.
(1) In the event that loss or damage occurs to a strata lot, common property, limited common property or common facilities that gives rise to a valid claim under the Strata Corporation’s insurance policy and an Owner is responsible for that loss or damage, that Owner is responsible for payment for the deductible portion of the Strata Corporation’s policy relative the loss or damage.
(2) In the event that loss or damage occurs to a strata lot, common property, limited common property or common facilities that gives rise to a valid claim under the Strata Corporation’s insurance policy and is the result of a marijuana grow operation, methamphetamine production or any illegal drug related activity, the Owner of the affected suite is responsible for payment for the deductible portion of the Strata Corporation’s policy relative to the loss or damage.
34. Selling of Strata Lots
(1) An Owner of a strata lot, when selling their strata lot, will not permit realtor “For Sale” signs to be placed on or about the common property nor in the window of the strata lot.
(2) An Owner of a strata lot, who wishes to sell their strata lot without the assistance of a realtor, may put their unit number and telephone number on the “For Sale by Owner” sign at the front entrance to the complex.
(3) An Owner of a strata lot, when selling their strata lot, will not hold or permit to be held, any public Open House, except in the matter prescribed by the Strata Council. One Open House for all agents will be allowed per listing. Unless the Council otherwise prescribes, all showings must be by appointment only.
35. Acquisition or Disposition of Personal Property
(1) The Strata Corporation may purchase, lease or otherwise acquire personal property for the use or benefit of the Owners and may sell or otherwise dispose of such personal property for any amount approved in the annual budget for the Strata Corporation, but otherwise only if approved by a Resolution passed by a ¾ vote at an Annual or Special General Meeting if the personal property has a market value of more than $1,000.00.
36. Rental Restrictions
(1) Subject to the provisions of this Bylaw, strata lots shall be Owner-occupied only, with the following considerations and exceptions:
....(a) at any given time, up to 4 strata lots may be leased for terms of not less than one year and the procedure to be followed by the Strata Corporation in administering this limit will be as follows:
..........(i) any Owner wishing to rent a strata lot must make an application in writing to Council.
..........(ii) approvals will be granted by the Strata Council on a first come basis, in the order of the date such applications are received by the Strata Council.
..........(iii) the Council will not screen tenants, establish screening criteria, require the approval of tenants, require the insertion of terms in tenancy agreements or otherwise restrict the rental of a strata lot, except as set out in this Bylaw.
..........(iv) the Council will consider each application upon receipt and will respond to each application in writing, within one week of receipt.
..........(v) the Council will keep a list of Owners who wish to rent their strata lot and the priority of their application and will advise each Owner as soon as their application can be accepted
..........(vi) upon acceptance of an application to rent, an Owner must enter into a lease of a strata lot within 6 months from acceptance by the Strata Council of such Owner’s application or the acceptance will be automatically revoked and the Council will be entitled to advise the Owner next following on the list, that their application to rent a strata lot, has been approved; and
..........(vii) an Owner may continue to lease their strata lot until the earlier of the date such Owner moves into the strata lot to take occupancy or the date the strata lot is sold by the Owner to a third party.
....(d) where an Owner has leased a strata lot to a tenant pursuant to a tenancy agreement entered into before this Bylaw was passed, this Bylaw does not apply to such strata lot until the later of:
..........(i) one year after the tenant who is occupying the strata lot at the time the Bylaw is passed, ceases to occupy the strata lot as a tenant; and
..........(ii) one year after the Bylaw has been passed.
37. Adult Occupancy
(1) It is the intention of the Strata Corporation to maintain the development as an adult-oriented community. No Owner, tenant or occupant of a strata lot shall permit any person under the age of 45 years to ordinarily reside in such strata lot. Where a person of less than 45 years of age is to be resident in any strata lot for a period in excess of 30 cumulative days in a period of one year, the Owner, tenant or occupant must apply in writing to the Strata Council for an exception to this Bylaw due to extraordinary circumstances. The letter of application must state the maximum duration of the residence period being requested. Council approval of such a request shall not be unreasonably withheld.
38. Christmas Decorations
(1) Christmas decorations may be installed on the exterior of a strata lot during the month of November, but not lit until December 1st and are to be removed by January 31st. The lights can only be clipped onto the gutters or soffits or temporarily fastened to the wood. No decorations would be permitted on the roof.
(1) The provisions hereof shall be deemed independent and severable and the invalidity in whole or in part of any Bylaw, Rule or Regulation, does not affect the validity of the remaining Bylaws, Rules and Regulations, which shall continue in full force and effect as if such invalid portion had never been included herein.
(1) Preamble: The Corporation recognizes that Owners, tenants or an occupant may wish to keep pets or other animals. However, an Owner, tenant, occupant or visitor may not do so if the pet and/or animal:
(a) causes a nuisance or hazard to another person;
(b) causes unreasonable noise.
(c) unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot, or
(d) is kept contrary to these Bylaws.
(2) Grandfather Clause – Under Part 7 (123) – Bylaws of the Strata Property Act and its attending Regulations 17.12, this Bylaw does not apply to a pet living with an Owner, tenant or occupant at the time this Bylaw is passed and which continues to live there after this Bylaw is passed.
(a) with the exception as outlined in Part 7 (123) – Bylaws of the Strata Property Act and its attending Regulation 17.12, no Owner, tenant, occupant or visitor shall keep any pet and/or animal within the Strata Plan LMS 3764 without registration and the approval of the Strata Council.
(b) an Owner, tenant or occupant shall be entitled to keep:
(i) two, but not more than two, domestic pets in a strata lot;
(b-2) an owner, tenant or occupant shall not be entitled to keep
(c) an Owner of a dog or cat shall attach a collar to the pet(s) with a tag identifying the Owner, tenant or occupant.
(d) all dogs and cats and other pets must be securely leashed while on common property.
(e) an Owner of a pet(s) shall not permit the pet(s) to urinate or defecate on the common property and if any pet(s) does urinate or defecate on common property, the Owner shall immediately and completely remove all of the pet’s waste from the common property and dispose of it in his or her own waste container or by some other sanitary means.
(f) an Owner, tenant or occupant whose guest or invitee brings an animal or pet onto the common property, will be solely responsible for the behaviour of his guest or invitee and must ensure that the guest or invitee complies with all requirements of this Bylaw and shall perform all of the duties and obligations with respect to that pet(s) and/or animal as set out in these Bylaws.
(g) an Owner, tenant or occupant may let a pet and/or animal use freely the limited common property assigned to the strata lot, provided that the common property is fully enclosed in such a way that the pet and/or animal cannot escape from that limited common property. However, pets and/or animals must be kept indoors during times when the landscaper performs his work or when members of Council wish to inspect the limited common property (Part 17, Division 1(7)(1) of the Strata Property Act.
(h) pet or animal waste deposited on the Owner’s, tenant’s or occupant’s limited common property must be promptly removed and deposited in a waste container or by some other sanitary means, in order to avoid damaging grass areas or causing odours. The landscaper may refuse to enter any limited common property if it contains pet and/or animal wastes in any form. The landscaper is also directed to report to Council any limited common area that contains animal faeces or is damaged due to the urination or defecation of an Owner’s, tenant’s or occupant’s pet(s) or animals.
(i) no Owner, tenant or occupant shall permit its pet(s) to interfere with any other person, pet or object or permit its pet(s) to disturb any other Owner, tenant or occupant with barking, howling or other such similar noise.
(j) all Cat Owners must maintain an indoor litter box for their pet.
(k) feeding of Wild Animals and/or Birds
Council is aware that feeding of wild animals and/or birds brings enjoyment to Owners, tenants or occupants. Still, Council is concerned that such feeding may attract rodents, racoons, etc. that may bring diseases onto the Strata Plan or cause other damage. With this in mind, no strata lot owner shall feed pigeons, gulls or any other birds or animals from their strata lot or anywhere within the boundaries of Creekside at Clayton Hills. The one exception – Hummingbird feeders will be allowed.
(l) an owner/occupant must accept all responsibility and expense for the damage to any and all property caused by their pet.
(m) The Strata Council may, from time to time on behalf of the Strata Corporation, enact such rules with respect to the keeping of pets as the Strata Council, acting reasonably, deems necessary or desirable, provided that, in the event of any conflict between these bylaws and any such rule, the provisions of these bylaws will prevail.
41. Enforcement of Pet Bylaws
(a) to have a persistent problem cat trapped with a humane trap provided by the Strata Corporation. The cat (if caught) will be returned to its Owner, provided the cat is wearing an identification tag and the Owner will be charged the appropriate fine under 1(a), (b) or (c). If no Owner is identified, the cat will be turned over to the SPCA.
(b) pay a fine of $50.00 in the first instance
(2) Any enforcement action will only be enacted upon a majority vote by Council.
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