Policy Example: Duties of Owners, Tenants, Occupants and Visitors

 Division 1 -- Duties of Owners, Tenants, Occupants and Visitors

1          Payment of strata fees
(1)  An owner must pay strata fees on or before the first day of the month to which the strata fees relate. Interest will accrue on late payment of strata fees at the rate of 10 percent per annum compounded annually.
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)  An owner must participate in the management and maintenance of the common property according to the rules and regulations established by the council from time to time.
3          Use of property
[deleted: standard pet bylaw]
(1)  An owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that:

  1. causes a nuisance or hazard to another person;
  2. 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.
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 one(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: i) 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; or ii) to ensure compliance with the Act and the bylaws.
  (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
(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:
(i)   repair and maintenance that in the ordinary course of events occurs less often than once a year; and

  1. 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 or 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 or skylights on the exterior of a building or that front on the common property; and

  1. fences, railings and similar structures that enclose patios, balconies and yards.

(2)  Structures and items added to decks/balconies, on top of duck boards, are the responsibility of the owner as is their removal for renovation or repair.

Division 3 -- Council
9          Council membership  [replaces original standard council size with Council membership]
(1)  All residents shall be members of council. Each strata lot shall be represented by one occupant and each lot has one vote.
10        Council members' terms
(1)   Terms of council commence at each Annual General Meeting and continue to the next Annual General Meeting.
11        Removing council member
(1)   No owner or occupier may stand for council or continue to be on council if the strata corporation is entitled to register a lien against that owner’s or occupier’s strata lot under the Strata Property Act.
12        Replacing council member
Deleted
13        SigningOfficers  
(1) At the Annual General Meeting, four signing officers will be elected.
(2)  At the first meeting of the council held after each annual general meeting of the strata corporation, the council must elect, from among the signing officers, a president, a vice president, a secretary and a treasurer.
(3)  A person may hold more than one office at a time, other than the offices of president and vice president.
(4)  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.
(5)  If a signingofficer 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 seven (7) days 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 seven (7) days 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 possible after the meeting has been called.
15        Requisition of council hearing
(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 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 for council meetings is 7 eligible voters.
(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)  Deleted
18        Voting at council meetings
(1) Consensus is defined as unanimous agreement of council members present at a scheduled council meeting. Consensus is considered to be reached where there are no votes in opposition to the matter or the motion, and at least 50% of the voters have voted in favour of the resolution.

(2) At council meetings, decisions are made by a consensus process. If consensus cannot be reached after voting at three scheduled meetings, the decision will be put to a ¾ vote.

(3) At the first meeting, should council fail to reach consensus on a decision, the decision will be deferred to the next council meeting where that decision will be submitted again to the consensus process.

(4) At the second meeting, if consensus is not reached, the matter shall again be tabled until the next council meeting.

(5) At the third meeting if a consensus still has not been reached on the matter, the matter will be put to a ¾ vote.

19        Council to inform owners of minutes
The council must inform residents 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.
(5)  The following committees are created for the purpose of executing the roles and duties of the strata corporation:
(a) Administration/Finance
(b) Community Living
(c) Maintenance
Other committees may be formed by council as is necessary for special events and special projects. The committees are delegated the authority of expense, maintenance and repairs as set out in the annual budget. Emergencies and insurance claims must be co-ordinated by the Maintenance and/or Administration/finance committees.
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.

  1. 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
(1)  The strata corporation may fine an owner or tenant a maximum of:
(a) $200 for each contravention of a bylaw; and
(b) $50 for each contravention of a rule.
24        Continuing contravention
(1)  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)  A chair of Annual and Special General Meetings must be elected by eligible voters present in person or by proxy.
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, a vote is decided on a show of voting cards. 
(2)  The outcome of each vote must be announced by the chair and recorded in the minutes of the meeting.
(3)  An instrument appointing a proxy must be in writing signed by the appointer or his/her attorney.
(4) Except on matters requiring a unanimous vote, a strata lot is not entitled to a vote if the strata corporation is entitled to register a lien against that strata lot under the Strata Property Act.
(5) A quorum of an annual or special general meeting is 7.
28        Order of business
(1)  The order of business at annual and special general meetings is as follows:
(a)  certify proxies
(b)  determine that there is a quorum;
(c) select 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;

  1. 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) ratify council membership as consisting of all residents, if the meeting is an annual general meeting
(m)  elect signing officers, 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.

  1. 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.
                                                                                                            (Approved May 2008)

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