Strata Bylaws

The Imperial (EPS4776) Consolidated Bylaws

Last amendment: August 30, 2019

1. Payment of strata fees

(1) An owner must pay strata fees on the first day of the month to which they relate and may only pay them by way of:

• (a) pre-authorized payment; or
• (b) 12 pre-authorized post-dated cheques delivered to the strata management company on or before the start of each fiscal year.

(2) If an owner has not paid their strata fees pursuant to s. 1(1) by the 10th of the month, the owner shall be subject to a fine of $50.00 plus applicable interest pursuant to s.1(3) for each month that the strata fees are not paid.

(3) An owner must pay a special levy on the date(s) on which it is due.

(4) Interest may be charged on overdue strata fees and special levies and where charged, shall be calculated at ten percent (10%) per annum, compounded annually, which is in addition to any fine that might be imposed.

(5) An owner shall pay to the strata corporation Its actual legal fees and disbursements incurred by the strata corporation In collecting overdue strata fees and special levies, including the costs of issuing a demand letter.

(6) An owner whose payment is returned NSF shall pay to the strata corporation a $25.00 fee.

2. Repair and maintenance of property by owner

(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 it, except for 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) 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,
• (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, occupant or visitor must ensure that all animals are leashed or otherwise secured when on the common property or on land that is a common asset.

Amended August 30, 2019

(4) An owner, tenant or occupant 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) up to 2 dogs, or 2 cats, or 1 dog and 1 cat;

and for greater clarity, without limiting the generality of the foregoing, must not keep or harbour exotic pets, including, without limitation, snakes, reptiles, spiders or large members of the cat family.

(4A) Notwithstanding the foregoing, an owner, tenant or occupant must not keep a pet or permit the visit of a pet which is a nuisance or a danger to others on a strata lot, on common property or on land that is a common asset; it shall be an offence under these Bylaws for an owner, tenant or occupant to keep or harbour on or about their strata lot or the common property:

• (i) a resident or visiting pet which, in the opinion of the strata council, is a nuisance or has caused or is causing an unreasonable interference with the use and enjoyment by other residents or visitors; or

• (ii) a resident or visiting pet which is a Vicious Dog (as defined below); in such case, the strata council shall be entitled to order such pet to be removed permanently from the strata lot, the common property and the Development generally, within Seven (7) days after notice to the owner, tenant or occupant of the strata lot of the determination of the strata council.

In the case of a contravention of this Bylaw in connection with a pet prohibited under subsections (i) or (ii) above, the owner of the strata lot will be subject to a fine of $200 for each occurrence. If such offence continues, without interruption, for longer than 7 days, a fine may be imposed every 7 days.

In addition to such fine, in the case of a contravention of this Bylaw in connection with a pet prohibited under subsections (i) or (ii) above, if determined appropriate by the strata council, the owner of the strata lot will be subject to an immediate injunction application and the owner of the strata lot will be responsible for all expenses incurred by the strata to obtain the injunction, including actual own solicitor-client legal costs.

For purposes of this Bylaw, a Vicious Dog means the following:

• (A) any dog that has killed or injured any person or another animal while running at large;
• (B) any dog that aggressively harasses or pursues another person or animal while running at large;
• (C) any dog primarily owned or in part for the purpose of dog fighting or is trained for dog fighting;
• (D) a Pit Bull Terrier, American Pit Bull Terrier, Pit Bull, Rottweiler or Bullmastiff (collectively, the “Breeds”); or
• (E) any dog which has the appearance and physical characteristics predominately conforming to the standards of any of the Breeds, as established by the Canadian Kennel Club or the American Kennel Club or the United Kennel Club, and as determined by a veterinarian licensed to practice in the Province of British Columbia.

(4B) An owner of a strata lot shall be fully responsible for the behaviour within the Development of any pets kept in the owner’s strata lot, whether kept by the owner, tenant or occupant of the strata lot. If a pet is determined to be a nuisance by the Strata Council, it shall be removed by the owner from the Development within 30 days of written notice to the owner by the Strata Council of such determination.

(4C) An owner, tenant or occupant of a strata lots shall ensure that their pets or those of their visitors do not cause damage to buildings, improvements, trees, plants, bushes, flowers or lawns within the Development.

(4D) The resident of a strata lot shall inform visitors of the rules concerning pets, and shall be responsible for any injury or damage caused by pets brought onto the Development by their visitors.

(4E) Pigeons, seagulls, crows, starlings and other birds and squirrels, racoons and other animals shall not be fed from any strata lot or the common property.

(5) All owners, tenants, occupants, and visitors shall immediately remove feces left by their animal from the common property and 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. Obtain approval before altering a strata lot

(1) An owner must obtain the written approval of the strata corporation before making an alteration to a strata lot that involves any of the following:

• (a) the structure of a building;
• (b) the exterior of a building;
• (c) chimneys, stairs, balconies or other things attached to the exterior of a building;
• (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) those parts of the strata lot which the strata corporation must insure under section 149 of the Act.

(2) The strata corporation must not unreasonably withhold its approval under subsection 1), but may require as a condition of its approval that the owner agree, in writing, to take responsibility for any expenses relating to the alteration.

(3) This section does not apply to a strata lot in a bare land strata plan.

6. Obtain approval before 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 owner agree, in writing, to take responsibility for any expenses relating to the alteration.

7. Permit entry to strata lot

(1) An owner, tenant, occupant 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 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.

(2) The notice referred to in subsection 1) b) must include the date and approximate time of entry, and the reason for entry.

Division 2 — Powers and Duties of Strata Corporation

8. Repair and maintenance of property by strata corporation

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
  • (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 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 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

9. Council size

(1) Subject to subsection 2), the council must have at least 3 and not more than 7 members.

(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

(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 reelection.

(3) to 5. [Repealed 1999-21-51.]

11. Removing council member

(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.

12. Replacing council member

(1) If a council member resigns or is unwilling or unable to act for a period of 2 or more months, the remaining members of the council may appoint a replacement council member for the remainder of the term.

(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 section 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 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.

13. Officers

(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) 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 2 or more months, the council members may appoint a replacement officer from among themselves for the remainder of the term.

14. Calling council meetings

(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.

15. [Repealed 2009-17-35.]

16. Quorum of council

(1) A quorum of the council is

• (a) 1, 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.

17. Council meetings

(1) 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.

(2) If a council meeting is held by electronic means, council members are deemed to be present in person.

(3) Owners may attend council meetings as observers.

(4) Despite subsection 3), no observers may attend those portions of council meetings 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;
• (c) any other matters if the presence of observers would, in the council’s opinion, unreasonably interfere with an individual’s privacy.

18. Voting at council meetings

(1) At council meetings, decisions must be made by a majority of 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 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.

19. Council to inform owners of minutes

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.

20. Delegation of council’s powers and duties

(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, or
• (c) whether a person should be denied access to a recreational facility.

21. Spending restrictions

(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.

22. Limitation on liability of council member

(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.

Division 4 — Enforcement of Bylaws and Rules

23. Maximum fine

The strata corporation may fine an owner or tenant a maximum of:

• (a) Except as otherwise set out below, a fine of up to $200 for each contravention of a bylaw;
• (b) $1,000 per day for a contravention of Bylaw 40;
• (c) $50 for each contravention of a rule

24. Continuing contravention

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

25. Person to chair meeting

(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.

26. Participation by other than eligible voters

(1) Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote.

(2) Persons who are not eligible to vote, including tenants and occupants, may participate in the discussion at the meeting, but only if permitted to do so by the chair of the meeting.

(3) Persons who are not eligible to vote, including tenants and occupants, must leave the meeting if requested to do so by a resolution passed by a majority vote at the meeting.

27. Voting

(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.

28. Order of business

The order of business at annual and special general meetings is as follows:

• (a) certify proxies and corporate representatives and issue voting cards;
• (b) determine that there is a quorum;
• (c) elect a person to chair the meeting, if necessary;
• (d) present to the meeting proof of notice of meeting or waiver of notice;
• (e) approve the agenda;
• (f) approve minutes from the last annual or special general meeting;
• (g) deal with unfinished business;
• (h) receive reports of council activities and decisions since the previous annual general meeting, including reports of committees, if the meeting is an annual general meeting;
• (i) ratify any new rules made by the strata corporation under section 125 of the Act;
• (j) report on insurance coverage in accordance with section 154 of the Act, if the meeting is an annual general meeting;
• (k) approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an annual general meeting;
• (l) deal with new business, including any matters about which notice has been given under section 45 of the Act;
• (m) elect a council, if the meeting is an annual general meeting;
• (n) terminate the meeting.

Division 6 — Voluntary Dispute Resolution

29. Voluntary dispute resolution

(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

• (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 — Marketing Activities by Owner Developer

30. Display lot

(1) An owner developer who has an unsold strata lot may carry on sales functions that relate to its sale, including the posting of signs.

(2) An owner developer may use a strata lot, that the owner developer owns or rents, as a display lot for the sale of other strata lots in the strata plan.

31. Marketing Activities

(1) If and so long as the owner developer has unsold strata lots, then it shall have the right to maintain and use one or more unsold strata lots as display units and to carry out such sales functions on or about the common property as the owner developer deems necessary to enable to sale and marketing of all strata lots in the Development including, without limitation, the following:

• (a) erecting and placing directional, locational and advertising signage on or about the individual strata lots owned by the owner developer and common property areas;
• (b) encouraging and allowing prospective purchasers to view the strata lots owned by the owner developer and all common property and common facilities; and
• (c) outfitting and operating an unsold strata lot and/or the common property Amenity Building as a temporary marketing and sales office.

(2) In order to allow the owner developer of the strata lots and strata corporation to market and sell the strata lots the owner developer may, until the last strata lot has been sold:

• (a) mark for the owner developer’s exclusive use visitor parking stalls as temporary parking stalls for the owner developer’s sales staff, agents and prospective purchasers;
• (b) construct temporary sidewalk access, picket fencing and landscape works for the benefit of the sales office and the display units on adjacent common property and limited common property areas; and
• (c) allow any display unit(s) and/or sales office to remain open during customary business hours for the real estate sales industry including weekends to allow prospective purchasers unimpeded access to the strata lots owned by the owner developer and all common property and common facilities.

32. Use of Decks and Yards

(1) With regard to any Limited Common Property deck designated for a strata lot:

• (a) an owner shall not construct, place or install any building, fence, screen, lattice or other improvement, fixture or structure on, in or about such deck;
• (b) an owner shall not place or install any ornamental objects, outdoor furniture, or other objects or things on, in or about such patio or deck, which are permanent or incapable of easy removal nor, in the determination of the Strata Council, an obstacle or hindrance in the repair and maintenance of such deck;
• (c) an owner shall permit the Strata Corporation and its employees and contractors to maintain and repair the patio or deck, pursuant to the repair obligations of the Strata Corporation, as the Strata Council determines to be appropriate, and shall ensure that such maintenance and repair work is not obstructed or hindered by the owner or the occupants of the owner’s strata lot; and
• (d) the Strata Council shall have the power to require an owner maintain and repair such deck at his own expense, if he fails to comply with clauses (a), (b) and (c) above.

(2) With regard to the Limited Common Property back yard designated for a strata lot:

• (a) an owner shall not construct, place or install any building, greenhouse, arbor, fence, screen, lattice, sign or other improvement, fixture, structure or thing in such back yard;
• (b) an owner shall not place or install any ornamental objects, outdoor furniture, or other objects or things on or about the lawn areas in such back yard, which are permanent or incapable of easy removal, nor which are, in the determination of the Strata Council, an obstacle or hindrance in the lawn mowing and other maintenance of landscaping in such bark yard by the Strata Corporation, nor which would damage the lawn areas in such back yard or prevent their growth;
• (c) an owner shall not construct, place, install or attach any sign, markings, decoration, lattice, arbor or other improvement object or thing on or about the fencing and gates surrounding such back yard;
• (d) an owner or any occupant of a strata lot shall not cause damage to trees, plants, bushes, flowers or lawns maintained by the Strata Corporation in such back yard;
• (e) an owner shall permit the Strata Corporation and its employees and contractors to maintain and repair the lawn, landscaping, fencing, gates and related works in or about such back yard pursuant to the maintenance and repair obligations of the Strata Corporation, as the Strata Council determines to be appropriate, and shall ensure that such maintenance and repair work is not obstructed or hindered by the owner or the occupants of the owner’s strata lot; and
• (f) the Strata Council shall have the power to require an owner to maintain and repair such back yard at his own expense, if he fails to comply with clauses (a), (b), (c), (d) and (e) above.

(3) With regard to the Common Property front yard areas in front of a strata lot:

• (a) an owner does not have exclusive use of such front yard area in the same manner as the Limited Common Property back yard designated for such strata lot;
• (b) an owner shall not construct, place or install any building, greenhouse, arbor, fence, screen, lattice, sign or other improvement, fixture, structure or thing in such front yard;
• (b) an owner shall not place or install any ornamental objects, outdoor furniture, or other objects or things on or about such front yard;
• (d) an owner or any occupant of a strata lot shall not cause damage to trees, plants, bushes, flowers or lawns maintained by the Strata Corporation in such front yard;
• (e) the Strata Corporation and its employees and contractors shall be entitled to maintain and repair the lawn, landscaping and related works in or about such front yard pursuant to the maintenance and repair obligations of the Strata Corporation, as the Strata Council determines to beappropriate, and an owner shall ensure that such maintenance and repair work is not obstructed or hindered by the owner or the occupants of the owner’s strata lot; and
• (f) the Strata Council shall have the power to require an owner to maintain and repair such front yard at his own expense, if he fails to comply with clauses (b), (c), (d) and (e) above.

33. Disturbance of Others

(1) No noise or other disturbances or nuisances shall be made in or about the strata lot or on the common property which, in the opinion of the Strata Council, interferes with the enjoyment by others of other strata lots or the common property.

(2) Subject to the provisions of the Strata Property Act, as amended from time to time, no owner, resident or visitor shall be permitted to trespass on Limited Common Property to which another owner or owners is entitled to exclusive use or occupation.

34. Hazards

Everything should be done to reduce fire hazards and nothing should be brought onto or stored on a strata lot or the common property which will in any way increase or tend to increase the risk of fire or the rate of fire insurance or any other insurance policy held by the Strata Corporation, or which will invalidate any insurance policy.

35. Cleanliness & Garbage, Recycling and Compostables Disposal

(1) All household refuse and garbage shall be contained in plastic bags placed in animal proof garbage cans according to prudent housekeeping practice and otherwise in accordance with the rules and procedures set from time to time set from time to time by the Strata Council and/or the waste management service company.

(2) Garbage cans shall be kept in the garage, and only placed at the curb for pick-up no sooner than 8:00p.m. on the day prior to the designated pick-up day and must be removed from the curb, along with all garbage/debris remaining, no later than 11:59p.m. on the designated pick-up day and otherwise in accordance with the rules and procedures set from time to time set from time to time by the Strata Council and/or the waste management service company.

(3) At all times, whether placed at the curb or kept in the garage, all garbage cans shall be kept firmly closed, with the lid latched.

(4) Any unwanted or abandoned things, waste material, refuse or garbage, other than ordinary household refuse and garbage placed in animal proof garbage cans, shall be removed from the Development and properly disposed of by the owner or resident of the strata lot, and shall not be deposited anywhere on the common property.

(5) Where recycling pick-up services are provided for certain recyclable items, such items shall not be disposed of in the regular garbage and shall be placed in the appropriate recycling bags and/or containers, in accordance with the rules and procedures set from time to time by the Strata Council and/or the waste management service company.

(6) Where pick-up services for food waste and other compostables are provided for, such items shall not be disposed of in the regular garbage and shall be placed in the appropriate containers, in accordance with the rules and procedures set from time to time by the Strata Council and/or the waste management service company.

(7) If the breach of any of the foregoing provisions of this Bylaw 35 by an owner or tenant result in the levying of a fine or charge by the City of Surrey and/or by the waste management service company against the Strata Corporation, then such owner or tenant shall pay to the Strata Corporation the amount of such fine or charge within 30 days of written request to do so.

36. Exterior Appearance

(1) No signs, fences, gates, billboards, placards, advertising or notices of any kind shall be erected or displayed on the common property, limited common property or the strata lot without prior written approval of the Strata Council, excepting the owner developer’s rights under Bylaws 30 and 31.

(2) No awning, shade screen, smoke stack, satellite dish, radio or television antenna shall be hung from or attached to the exterior of the strata lot, any Limited Common Property exterior use areas or any part of the common property, without prior written consent of the Strata Council.

(3) No laundry, clothing, bedding, or other articles shall be hung or displayed in or from windows, porches, decks, balconies, stairs, patios, yards or other parts of the Development so that they are visible from the outside of the buildings.

(4) No enclosures of Limited Common Property or other structural alterations either to the interior or the exterior of the buildings shall be made, nor shall the wiring, plumbing, piping, or other services be altered or supplemental on the strata lot or within any walls or on the common property without previous written approval of the Strata Council.

(5) The exterior appearance of the strata lot (and its Limited Common Property exterior use areas) and the buildings shall not be altered in any way, including but not limited to the painting of exterior parts of the buildings, or the attachment of sunscreens, solariums or greenhouses, without previous written approval of the Strata Council.

(6) An owner shall maintain, repair and replace the front window blinds standard throughout the development such that on the front streetscape of the development the windows have a uniform appearance throughout the development when window coverings are closed.

(7) An owner, tenant, occupant, or visitor is not permitted to display seasonal or festive decorations on the common or limited common property except for four (4) weeks prior to the holiday or celebration to which they relate and must remove the same no later than two (2) weeks following the holiday or celebration. Decorations must not be fastened to the exterior by nails, staples, screws or otherwise affixed to the exterior of the building.

37. Motor Vehicles and Parking

(1) No owner nor any tenant or resident of their strata lot shall park any vehicles except within the garage of their strata lot or within a Limited Common Property driveway designated for their strata lot but if and only if it fits wholly within such driveway when parked perpendicular to the garage door and subject to compliance with Bylaws 37(4), (5) and (6) below. No owner nor any tenant or resident of their strata lot shall park parallel to the strata lot’s garage within a Limited Common Property driveway at any time. No owner nor any tenant or resident of their strata lot shall park any vehicle on or about the common property driveway serving the garage of their strata lot, unless it is a Limited Common Property driveway designated for their strata lot.

(2) Visitor parking shall be permitted only in the designated visitor parking spaces. Visitors will not be allowed to use the visitor parking spaces for longer than forty-eight (48) hours, without written consent of the Strata Council. Visitors using the visitor parking stalls between 10p.m. and 7a.m. shall display a parking pass provided by the Strata Corporation on the dash of the vehicle. The Strata Council shall be entitled to impose shorter time restrictions on some or all of the visitor parking spaces from time to time as may be required to control and regulate visitor parking.

(3) A maximum speed of 10 kph hall apply within the common property.

(4) No commercial vehicles nor any vehicles exceeding 9,000 lbs. G.V.W. shall be parked or brought onto the common property without consent of the Strata Council, except when used in delivery to or removal from the Development. No trailers, boats, campers or recreation vehicles shall be parked or brought onto the common property, which cannot be parked or stored inside the garage of a strata lot.

(5) No parking is allowed anywhere along the common property roads and drive lanes or in any area not specifically designated as a parking space, nor shall any vehicle be parked in a manner which will reduce the width of a common road or drive lane.

(6) No major repairs or adjustments shall be made to motor vehicles within garage driveways, common property roadways or other parts of the common property.

(7) Any vehicle which does not comply with this Bylaw 37 will be removed at the owner’s expense.

38. Driveways, Garages & Coach Lights

(1) An owner shall be responsible for the cleaning of any oil or fuel leakage or spills on or about the garage of his strata lot or the driveway (whether Limited Common Property or common property) of his strata lot, and for any charges incurred by the Strata Corporation for cleaning such leakage or spill if he fails to do so after written notice and for any increase in insurance premiums payable by the Strata Corporation resulting from such leakage or spill and/or such failure to clean such leakage or spill; and if required the Strata Corporation shall be entitled to have access during weekday business hours to such garage or driveway to carry out such cleaning, on reasonable written notice to the owner.

(2) An owner shall at his cost ensure that the coach lights affixed to the exterior of the garage or to the deck over the garage of his strata lot is kept illuminated from dusk to dawn, each day and that such coach lights are maintained in good repair and working order.

39. Damage to Property

(1) Where the Strata Corporation is required to enter a strata lot for the purpose of maintaining, repairing, or renewing walls, floors, ceilings, and other structural elements or pipes, wires, cables and ducts for the time being existing in the strata lot and capable of being used in connection with the enjoyment of any other strata lot or the common property, the Strata Corporation and its agents shall in carrying out any work or repairs do so in a proper and workmanlike manner and shall make good any damage to the strata lot occasioned by such works and restore the strata lot to its former condition, leaving the strata lot clean and free from debris.

(2) If there is an insurance claim on any insurance policy held by the strata corporation and if the act or omission to act of the owner, occupant or visitor of a strata lot was the cause of the event giving rise to such insurance claim, then the owner of such strata lot shall re-imburse the strata corporation the amount of the deductible borne by thestrata corporation for such insurance claim.

(3) The owner of a strata lot shall ensure that the owner’s own condominium owner’s insurance policy contains coverage for the owner’s responsibility to the strata corporation under subsection (2) above.

40. Short Term Accommodation

(1) Subject to (2) an owner, tenant or occupant must not:

• (a) use or allow their strata lot (or any part of it) to be used for the purposes of providing temporary accommodation for the general public including, but not limited to:
  • (i) as a vacation rental or as travel accommodation;
  • (ii) any sort of short term accommodation arrangement (being an occupancy of less than 30 days),
  • (iii) as a room rental, home exchange or other similar arrangement.
• (b) allow, permit, agree or otherwise grant a license, in exchange for money, to a person who ordinarily resides outside the strata corporation to occupy their strata lot while that owner, tenant or occupant is absent from the strata lot.

(2) The following activities shall not be prohibited by this bylaw:

• (a) the hosting of a single foreign student as part of a homestay or exchange program;
• (b) a person staying in the strata lot for less than 60 days while the owner or tenant is absent on vacation, for the purposes of caring for the strata lot and its contents (including pets).

41. Smoking

(1) An owner, tenant, occupant or visitor must not smoke tobacco, marijuana (except as permitted by bylaw 39(4) or any similar organic substance nor use an e-cigarette or other vaporizer:

• (a) in the amenities building;
• (b) on the exterior common property within 7.5 meters of any window, entrance door or air in-take vent (including on a patio, deck or balcony).
• (c) on any portion of the exterior common or limited common property, including patios, decks, balconies and yards;

(2) An owner, tenant, occupant or visitor who, within a strata lot:

• (a) smokes tobacco, marijuana or any similar organic substance; or
• (b) uses an e-cigarette or other vaporiser

must not permit the smoke, odour or vapours to escape their strata lot such that it can be smelled by another resident.