BYLAWS

STRATA PLAN BCS-147
THE OSCAR

Last updated February 16, 2011

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• Division 1 - Duties of Owner, 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.
    • (2) If an owner is late in paying his or her strata fees, the owner must pay to the strata corporation a late payment fine in the amount of $25.00 for the first month, $50.00 for the second month and $100.00 per month thereafter until such time the arrears have been cleared.
  • 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.
      
      In cases where an owner has been required to make repairs that, in the opinion of the strata council, could cause damage to other suites and common areas if not attended to and does not do so within a reasonable time, that owner shall be responsible for repairs to his/her own suite and to other suites and common areas affected by any subsequent damage.
  • 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, immoral or injurious to the reputation of the building, 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 that keeps a pet must comply with these bylaws and any rules enacted by the strata council on behalf of the strata corporation pursuant to bylaw 3 with respect to the keeping of pets.
    • (4) An owner, tenant or occupant that keeps a pet in a strata lot, either permanently or temporarily, shall register that pet with the strata council by providing to the strata council a written notice, signed by the owner, tenant or occupant setting out the name, breed and colour of the pet, the strata lot number of the strata lot in which the pet is kept, the name and telephone number of the owner of the pet and the license number of the pet (when a pet is required to be licensed).
    • (5) An owner or occupant of a strata lot shall not permit his pet to be on the common property, including limited common property, unless the pet is leashed and under the control of the owner of the pet or another responsible adult. Pets are not permitted in the fitness room, Oscar Lounge or the Media Room.
    • (6) An owner of a pet shall not permit the pet to urinate or defecate on the common property, and if any pet does urinate or defecate on the common property, the owner shall immediately and completely remove all of the pet's waste from the common property and dispose of it in a waste container or by some other sanitary means and if, in the reasonable opinion of the strata corporation:
      • (a) any special cleaning is required as a result of the pet urinating or defecating, the owner or occupant shall pay all costs of such special cleaning; or
      • (b) replacement of the floor covering is necessary as a result of the pet urinating or defecating, the owner shall pay all costs of such replacement.
    • (7) An owner, tenant or occupant whose guest or invitee brings an animal or pet onto the common property shall ensure that the guests or invitee complies with all requirements of these bylaws as they relate to animals and shall perform all of the duties and obligations with respect to that animal or pet as set out in these bylaws as if the animal or pet were one kept by the owner occupant in his or her strata lot.
    • (8) The strata corporation may:
      • (a) make, amend, rescind and enforce rules and regulations it considers necessary or desirable from time to time in relation to the terms and conditions under which any animal or type of animal may be permitted on the common property and the types of pet permitted to be in the common property and, for this purpose, make different rules and regulations and different terms and conditions for different types of animals; and
      • (b) require removal by an owner or occupier of any strata lot any pet or other animal kept by the owner or occupier in a strata lot if such a pet or animal, in the opinion of the council, constitutes a nuisance to any owner or occupier of a strata lot, or causes danger or damage to any owner or occupier of the strata lot or to any property of the strata corporation or an owner or occupier of a strata lot. Such removal must occur within 5 working days of a notification being served.
      • (c) The number of pets that is allowed to occupy any one suite is limited as follows: 1 large dog or 2 small dogs (under 25 lbs. each) per suite or 2 cats.
      • (d) The strata council may, at its discretion, ban dogs from the building that are acknowledged to pose a potential danger to other residents. Such dogs may include Pit Bulls and Rottweilers. Such removal must occur within 5 working days of the notification.
    • (9) An owner, tenant or occupant must not:
      • (a) keep any animal or pets of any kind in his strata lot or on or about the common property, which includes the outside grounds of the strata plan, except in accordance with these bylaws and any rules and regulations established by the council from time to time;
      • (b) use any part of the common property (other than established storage lockers) for storage, without the written consent of the strata council;
      • (c) use the strata lot for any purpose which involves undue traffic or noise in or about the strata lot or common property between the hours of 10:30 pm and 7:00 am or that encourages loitering by persons in or about the strata lot or common property;
      • (d) 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 owner, tenant or occupant
      • (e) use any musical instrument, amplifier, sound reproduction equipment or other device within or about any strata lot, the common property or any limited common property such that it causes a disturbance or interferes with the comfort of any owner, tenant or occupant;
      • (f) 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;
      • (g) leave on the common property or any limited common property, any shopping cart or any other item designated from time to time by the strata council;
      • (h) use a barbecue, hibachi or like cooking device on a balcony, deck or patio unless such barbeque, hibachi or cooking device is powered by propane, natural gas or electricity and such propane, natural gas or electricity powered barbeques, hibachis and other light cooking devices shall not be used except in accordance with rules made by the strata corporation from time to time;
      • (i) shake any mops or dusters or any kind, nor throw any refuse, out of the windows or doors or from the balcony of a strata lot;
      • (j) do anything that will increase the risk of fire of the rate of insurance on the building or any part thereof;
      • (k) permit a condition to exist within a strata lot which will result in the waste or excessive consumption of the building's domestic water supply or heated water;
      • (l) allow a strata lot to become unsanitary or a source of odour;
      • (m) feed pigeons, gulls or other birds, squirrels, rodents or other animals from a strata lot or anywhere on or in close proximity to the common property or any limited common property, but this shall not apply to a pet permitted to be kept in a strata lot pursuant to these bylaws and rules made hereunder, which pet shall be fed only in a strata lot;
      • (n) install any window coverings, visible from the exterior of his strata lot, which are different in size or colour from those of the original building specifications;
      • (o) hang or display any laundry, washing, clothing, bedding or other articles from windows, balconies or other parts of the building so that they are visible from the outside of the building;
      • (p) use or install in or about a strata lot any shades, awnings, window or balcony guards or screens, ventilators, supplementary heating or air conditioning devices, hard surface flooring, except those installations approved in writing by the council;
      • (q) erect on or fashion to the strata lot, the common property or any limited common property any television or radio antenna, dish or similar structure or appurtenance thereto;
      • (r) place any signs, billboards, notices or other advertising matter of any kind on, or visible from, the exterior of a strata lot;
      • (s) place any indoor-outdoor carpeting on any deck, patio or balcony, or place any items on any deck, patio or balcony except free-standing, self-contained planter boxes, planer boxes properly and securely fastened to the inside of railings, summer furniture and accessories nor install any hanging plants or baskets or other hanging items within three feet of a balcony railing line;
      • (t) give any keys, combinations, security cards or other means of access to the building, the parking garage or common areas to any person other than an employee, contractor, occupant or guest or the strata lot permitted by these bylaws;
      • (u) have, install or use a hot tub, jacuzzi, spa, whirlpool or swirlpool on the balcony, deck or patio of the strata lot or any area in the limited common property or the common property;
      • (v) alter or renovate his strata lot or install any device or material within or about his strata lot or the common property, including limited common property, such that alteration, renovations or installation or use thereof causes or has the potential to cause unreasonable disturbance or unreasonably interferes with the comfort of any other owner, tenant or occupant; or
      • (w) alter or remove any carpeting or other floor covering from the floors of his strata lot without first obtaining the prior written approval of the council.
    • (10) Strata lot occupants are entitled key fobs as follows:
      • (a) 2 per bachelor suite
      • (b) 3 per one bedroom suite
      • (c) 4 for all other suites and town homes
    • (11) No owner, tenant or guest shall use in-line roller blades and/or skateboards on the common property.
    • (12) Smoking and consumption of alcohol on common property are strictly prohibited, subject to Rules and Regulations implemented by strata council from time to time. Cigarette butts and other refuse must not be thrown off of balconies.
    • (13) Those owners who reside in a "Townhouse" style strata lot - specifically Strata Lots #1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, may, collectively, with prior written approval from the strata council, which approval shall not be unreasonably withheld, install a uniform design of security bars as approved by the strata council.
  • 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;
    • (2) On request by the strata corporation, a tenant must inform the strata corporation of his or her name.
    • (3) Prior to a tenant occupying a strata lot, the owner must cause the tenant to complete and deliver to the strata corporation a Notice of Tenant Responsibilities (Form K). The owner shall also review all rules and bylaws of the building with the prospective tenant and submit to the strata corporation a written and signed acknowledgement form prescribed by council that such a review has occurred.
  • 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 the building;
      • (b) the exterior of the building;
      • (c) chimneys, stairs, balconies or other things attached to the exterior of a building;
      • (d) doors, windows or skylights (including the castings, the frames and the sills of such doors, windows and skylights) on the exterior of a building, or that front on the common property (ie. including, for example, adding security devices to the entrance door to a strata lot);
      • (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 current and future expenses relating to the alteration and to remove the alteration and restore the common property, if required by the strata corporation, prior to moving out of the strata lot.
    • (3) An owner, tenant or occupant must not do any act, not alter a strata lot, in any manner, which in the opinion of the council will alter the exterior appearance of the building.
  • 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 common property, or common assets.
    • (2) The strata corporation may require as conditions of its approval that the owner agree, in writing:
      • (a) to take responsibility for any current and future expenses relating to the alteration;
      • (b) to provide, at the request of the strata corporation, evidence of appropriate insurance coverage relating to the alteration;
      • (c) to remove the alteration and restore the common property, if required by the strata corporation, prior to moving out of the strata lot.
  • 7. Permit entry to a 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 24 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 the Act; and
        • ii. to ensure compliance with the Act and these bylaws.
    • (2) The notice referred to in subsection 1(ii) must include the date and approximate time of entry, and the reason for entry.
    • (3)Should entry be denied, the strata council and/or emergency services may arrange for forced entry to the strata lot. Any damage caused by such entry shall be the responsibility of the strata lot owner and any repairs to damage shall be completed by the responsible owner, to the satisfaction of the strata council, within 5 working days.
• 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 that 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 (including the casting, the frames and the sills of such doors, windows and skylights) on the exterior of a building or that front on the common property;
          • E. fences, railing and similar structures that enclose patios, balconies and yards.
• Division 3 - Council
  • 9. Council Size
    • (1) The council must have at least 3 and not more than 7 members at any time. If at any time the council consists of less than 3 members, a General Meeting must be scheduled to elect additional members to satisfy the minimum requirement.
  • 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 a council member is ending is eligible for reelection.
    • (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 the strata lot under the Act.
  • 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) 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. When replacing a council member, the strata council may first consult the roster of interested potential council members established at the previous annual general meeting. The person with the largest number of votes shall first be offered the position. Should he/she refuse, the next person on the roster will be approached. If no one on the roster is available to join the strata council, the council president shall post a notice on the strata council notice board inviting owners to indicate their interest in joining council within 48 hours of the notice being posted. The council will appoint the member who, in its opinion, is the most suited to serve on council.
    • (3) Subject to Bylaw 9 and Bylaw 16(1), the council may not appoint a council member under this section 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 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 power and duties of the president
      • (a) while the president is absent or unwilling or unable to act;
      • (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. 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
    • (1) A quorum of the council is
      • 1, if the council consists of one member
      • 2, if the council consists of 2, 3 or 4 members
      • 3, if the council consists of 5 or 6 members, and
      • 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 a 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
    • (1) 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 Power and Duties
    • (1) Subject to subsections (2) and (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 purpose for which, or the conditions under which, the money may be spent.
    • (4) The council may not delegate its power 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 of 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 Fines
    • (1) The strata corporation may fine an owner or tenant a maximum of:
      • (a) $200 for a contravention of a bylaw; and
      • (b) $50 for a contravention of a rule.
    • (2) The strata corporation may impose a fine on an owner or a tenant or their visitors for a continuing contravention of a bylaw or rule every 7 days.
    • (3) Each owner and tenant is responsible for payment, without notice, of any money (other than strata fees, but including special levies) owing to the strata corporation as provided for in the Act 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 for the first month, $50 for the second month and if such default continues, an additional fine of $100 will be levied against and paid by the tenant, as the case may be, for each additional month such default continues.
    • (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 council pursuant to the Act or these bylaws, shall become part of the assessment of the owner 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.
    • (5) Any costs or expenses incurred by the strata corporation as a result of an infraction or violation of the bylaws or any rules and regulations established under them, including but not limited to the full costs in repairing any damage to the plumbing, electrical and other systems of the building or other parts of the common property caused by the owner, his employees, agents, invites or tenants, shall be charged to that owner and shall be payable on or before the first day of the month next following the date in which the costs or expenses are incurred.
    • (6) Where any claim has been made against the insurance policy of the strata corporation as a result of a violation of any of the bylaws or any rule or regulation which may be established from time to time by the council pursuant to the Act or the bylaws, by any owner or occupant, guest, employee, agent or invitee of such owner or occupant, a sum equal to the amount of the deductible charged by the insurer of the strata corporation as a result of the claim shall be payable by the owner of the strata lot and shall become due and payable on the first day of the month next following.
  • 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 Meetings
    • (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 my not attend any annual and special general meetings, unless they are eligible to vote, and/or unless issued a proxy by the registered owner of a strata lot.
  • 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 council.
    • (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 council is requested, must be announced by the chair and recorded in the minutes of the meeting.
    • (5) If there is a tie vote at an annual or special general meeting, the president, or, if the president is absent or unable or unwilling to vote, the vice president, may break the tie by casting a second, deciding vote.
    • (6) Despite anything in this section, an election of the council or any other vote must be held by secret ballot, if the secret ballot is requested by an eligible voter.
    • (7) 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.
  • 28. Order of Business
    • (1) The order of business at an annual or 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 the minutes from the last annual or special general meeting;
      • (g) deal with unfinished business;
      • (h) received reports of council activities and decisions since the previous annual or special general meeting, including reports or 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 matter 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. If no resolution is reached among the disputing parties, the strata council may render a decision which shall be deemed final.
• Division 7 - Miscellaneous Matters
  • 30. Small Claims Court
    • (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.
  • 31. Electronic Attendance at Meetings
    • (1) Attendance by persons at an annual or special general meeting may be by telephone or other electronic method if such method permits all persons participating in the meeting to communicate with each other during the meeting.
  • 32. Use of Patios and Balconies
    • (1) An owner, tenant or occupant of a strata lot shall not, except on enclosed balconies, place planters or other such items or equipment within any part of the limited common property designated on the strata plan exclusively for the use of such owner unless, in the opinion of the council, such planters, items or equipment are in keeping with the balance of the development in terms of design, quality, proportion and colour. Any such planters, items or equipment will be maintained in good and tidy condition on an ongoing basis and the responsibility for such maintenance will be solely for the account of the owner, tenant or occupant entitled to the use of the limited common property on which they were placed. Under no circumstances will an owner, tenant or occupant install a hook, hanger, bracket or other device to the exterior of the building which could potentially cause a breach of integrity of the building envelope.
  • 33. Garbage Disposal
    • (1) An owner, tenant or occupant shall remove ordinary household refuse and garbage from his strata lot and deposit it in the containers provided by the strata corporation for that purpose; all garbage shall be bagged and tied before so depositing and the owner, tenant or occupant shall remove any materials other than ordinary household refuse and garbage from the strata plan property at his expense.
  • 34. Bicycles, Storage and Parking
    • (1) Bicycles are not permitted in the elevators, hallways or any other common areas. No bicycles are to be kept on balconies or patios; instead, they shall be stored within the owner's designated storage locker or such other areas as may be prescribed by the council. All bicycles must enter or exit the building by way of the vehicle entry to the parking garage only.
    • (2) The owner of each strata lot will be entitled to store one bicycle within the bicycle storage areas located in the parking facility for the development free of charge (but this will not prohibit the imposition of reasonable refundable security deposits for the issuance of keys and security passes). The council will, subject to the provisions of the Strata Property Act, be responsible for the orderly administration of the use of spaces within the bicycle storage areas. Such administration may also include, without limitation, the issuance of keys or security passes and rights to store additional bicycles within the bicycle storage areas, including charging fees to users if approved by resolution of the strata council.
    • (3) The owner of each strata lot will be entitled to the use of one storage locker within the secured area of the parking facility for the development designated for that purpose, free of charge (but this will not prohibit the imposition of reasonable refundable security deposits for the issuance of keys and security passes). Council will, subject to the provisions of the Strata Property Act, be responsible for the allocation of and orderly administration of the use of storage lockers. Such administration may also include, without limitation, the issuance of keys or security passes and the licensing of the use of any unallocated storage lockers, including charging fees to users if approved by resolution of the strata council. Deferred until further notice as per Feb. 26, 2004 AGM.
    • (4) An owner, tenant or occupant that leaves any item anywhere on or in the common property or on any limited common property does so at his own risk, subject to any claim that may properly be made under any insurance policy maintained by the strata corporation by anyone that is insured under that policy.
    • (5) An owner, tenant or occupant must use parking stalls only for parking of licensed and insured motor vehicles, trailers, motorcycles or bicycles, and not for the parking of any other type of vehicle or storage of any other item, unless otherwise approved in writing by the council.
    • (6) An owner, tenant or occupant shall not:
      • (a) use any parking space in the building or on the common property or any limited common property, except the parking space which has been specifically assigned to his strata lot, a parking space leased by the owner or, when specifically agreed with another owner, the parking space assigned to the strata lot of that other owner;
      • (b) carry out any oil changes, major repairs or adjustments to motor vehicles or other mechanical equipment on common property or any limited common property, except in the case of an emergency;
      • (c) rent or lease the parking space assigned by the strata corporation to his strata lot to or otherwise permit that parking space to be regularly used by anyone that is not a resident of the building without prior written consent of the council; and
      • (d) park any vehicle in a manner which will reduce the width of the garage roadway or ramp or any roadway on the common property or limited common property.
    • (7) An owner, tenant or occupant must properly and at its own expense clean up any oil or other substances which spills or leaks onto the common property.
  • 35. Move In / Move Out
    • (1) The strata corporation may regulate the times and manner in which any person moves onto or out of strata lots and may require that such moves be coordinated with the manager of the building at least 7 days in advance of such moves, or such lesser period as the council may, in its sole discretion, permit, provided that if an owner or tenant carries out any move into or out of a strata lot otherwise than in accordance with such prior arrangements made with the manager of the building, the owner or tenant will be subject to a fine of $100, such a fine to be paid on or before the due date of the next monthly strata fees.
    • (2) An owner or tenant must notify the strata corporation in advance of the date and time that the owner or tenant will be moving into or out of the strata lot. A move-in fee of $150.00 for the tower residents must be paid at the time of booking the move. Town home residents must pay $50.00 if the move does not take place through the town home patio door and requires access into the building via the elevator.
    • (3) In case of damage caused by a move, the costs to repair the damage shall be assessed in full amount against the responsible strata lot owner.
    • (4) Moves must be scheduled and completed between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday, and 10:00 a.m. to 4:00 p.m. on Saturday and Sunday.
    • (5) The building manager and/or property manager, on behalf of BCS-147 Strata Corporation, may decline a move in or move out of the Oscar if it would interfere with other planned activities such as other moves and maintenance activities.
    • (6) All moves shall be conducted through the door between the two buildings, except for town homes which require the use of their patio doors.
    • (7) Owners must receive all keys, remotes and key fobs from a tenant when moving out of the Oscar is completed.
    • (8) Owners/tenants moving into or out of the Oscar must ensure exterior doors are not left open and unattended at any time.
    • (9) Only an elevator equipped with protective padding may be used for moves.
  • 36. Selling Strata Lots
    • (1) An owner of a strata lot, when selling his strata lot, will not permit "For Sale" signs to be placed on or about the common property except on the signage board located adjacent to the entrance to the building which is designated for such purposes.
    • (2) An owner of strata lot, when selling a strata lot, will not hold or permit to be held, any public open house except in the matter prescribed by the council. One open house for agents will be allowed per listing. Unless council otherwise prescribes, all showings must be by appointment only.
  • 37. 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 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.
  • 38. Quorum for Adjourned Meetings
    • (1) Notwithstanding section 2.7(3) of the Act, if within 1/2 hour from the time appointed for an annual or special general meeting a quorum is not present, the meeting shall be terminated if the meeting was convened upon the requisition of members, but in any other case, the meeting shall stand adjourned for a further 1/2 hour from the time appointed and, if within one hour from the time appointed a quorum is not present for the meeting, the eligible voters present in person or by proxy shall constitute a quorum.
  • 39. Hardwood Floors
    • (1) An owner of a strata lot who has or installs hard floor surface such as hardwood floors or tile in a strata lot must take all reasonable steps to satisfy noise complaints from neighbours, including without limitation, ensuring that no less than 60% of such hard floor surfaces, excepting only kitchens, bathrooms and entry areas, are covered with area rugs or carpet and avoiding walking on such floors with hard shoes. Any contravention to this bylaw must be immediately resolved to ensure other strata lot owners are not inconvenienced.
  • 40. Common Facilities and Easement Areas
    • (1) Each owner will comply with the rules and regulations from time to time established by the council which govern the use and enjoyment of the common property, the terms of any easement which is for the benefit of the strata corporation and any rules and regulations made pursuant to any such easement. Postings of any such rules and regulations will constitute sufficient notice to all such persons.
    • (2) Except as otherwise permitted pursuant to an easement that governs the common property, all common facilities are for the use of the owners, occupants and their accompanying guests only.
  • 41. Rentals
    • (1) Strata lots shall not be rented for a period of less than 3 months. No more than 2 tenants may occupy a bachelor suite, 3 tenants per one bedroom suite and 4 tenants for two bedroom suites, penthouses and town homes.
  • 42. Christmas Tree
    • (1) No cut Christmas trees shall be permitted in any strata lot.
  • 43. Adult Occupancy
    • (1) No owner, tenant or occupant of a strata lot shall permit any person under the age of 18 years to ordinarily reside in such strata lot without an accompanying adult.
  • 44. Limiting Expenditures of Council
    • (1) Subject to subsection (3) below, if a proposed expenditure has not been approved in the budget or at an annual or special general meeting, the strata corporation may only make such expenditure out of the operating fund if the expenditure, together with all other unapproved expenditures, whether of the same type or not, that were made pursuant to this subsection (1) in the same fiscal year, is less than 3% of the total contribution to the operating fund for the current year.
    • (2) If the strata corporation makes an expenditure under subsection (1) above, the strata corporation must inform owners as soon as feasible about any expenditure of more than 3% on any single item.
    • (3) Notwithstanding subsection (1) above, the strata corporation can make an expenditure out of either the operating fund or the contingency reserve fund if there are reasonable grounds to believe that an immediate expenditure is necessary to ensure safety or to prevent significant loss or damage, whether physical, financial, or otherwise.
  • 45. Uninsured Loses and Insurance Deductibles
    • (1) The amount of any loss or damage to any property or asset of the strata corporation that is not covered by the strata corporation's insurance, which is determined by the strata corporation to be in any way caused by the action or inaction of the owner of a strata lot (the "Owner"), the Owner's tenant, the occupant of the Owner's strata lot, or the Owner's visitor, shall be forthwith payable by the Owner to the strata corporation, and recoverable by the strata corporation as such.
    • (2) Any damage to insured property of the strata corporation which results in the payment by the strata corporation of an insurance deductible shall be deemed to be an uninsured loss and recoverable by the corporation as provided for above.
  • 46. Illegal Use of Strata Lot Prohibited
    • (1) The owner of a strata lot shall not permit it to be used for any purpose that is prohibited by any law, regulation or bylaw, whether federal, provincial or municipal; or in any way that contravenes these bylaws or the rules of the strata corporation, or which, in the opinion of the strata council acting reasonably, is injurious to the good reputation of the strata corporation. Without in any way limiting the generality of the foregoing, this includes producing or trafficking, or both, any controlled substances within the meaning of the Controlled Drugs and Substances Act.
    • (2) Where a strata lot is rented in accordance with bylaw 40 - Residential Rentals, it is the responsibility of the strata lot owner to be in contact with the tenant and ensure that the strata lot is inspected on a regular basis, and in any event no less than once every six (6) months, to ensure that there is no illegal activity taking place within the strata lot as described in bylaw 45 (a), and upon request of the strata council to provide written confirmation to the strata council that the inspection took place.
    • (3) Where a strata lot is used in a manner prohibited by this bylaw, the strata corporation may also charge back to, or sue to recover from, the owner of the strata lot all costs resulting from any loss or damage to other strata lots in the strata corporation and their contents, owners and occupants, and/or to the common property or common assets of the strata corporation, whether or not the owner is or was aware of such prohibited use of the strata lot.
    • (4) Where a strata lot is used in a manner prohibited by this bylaw, the owner of the strata lot may be fined up to $200. For so long as the contravention continues, the owner may be fined every seven days.
  • 47. Commercial Photography, Recording or Filming
    • (1) Council must approve, on a project-by-project basis, any use of any part of The Oscar as a location for commercial still photography, motion picture photography, video recording or sound recording whereby a resident expects to receive a benefit or a payment.
    • (2) Council shall not approve an activity under bylaw 47.1 for more than 8 projects per calendar year, nor for more than a total of 40 days per calendar year, except where a general meeting of owners otherwise directs.
    • (3) Council shall establish a schedule of fees for the use of The Oscar as a location, and these shall be above and beyond any fees or benefit negotiated with a resident for the use of a suite.
    • (4) Any contractor wishing to use The Oscar as a location shall, at his sole expense:
      • (a) post a bond in such form as council shall specify;
      • (b) insure the property of The Oscar against damage for a minimum of $5,000,000, with an underwriter acceptable to council;
      • (c) pay for bonded security personnel of council's choosing;
      • (d) guarantee access to and egress from the building and parking area;
      • (e) guarantee that no vehicle or equipment will be parked or stored in the parking area;
      • (f) restore the property to its condition prior to the commencement of the project and to the satisfaction of the council.
    • (5) Working hours under this bylaw shall commence no earlier than 8:00 a.m. and end not later than 9:30 p.m., except on weekends and holidays when work shall not commence earlier than 9:00 a.m.
    • (6) At least one of the principal doors of the building shall be available at all times for the exclusive use of The Oscar residents, their guests and employees, and trades and service people.
    • (7) Access to the parking area shall be guaranteed at all times.
    • (8) All revenues from fees for projects shall be deposited in the Contingency Reserve Fund.
    • (9) All other bylaws shall remain in effect during projects under bylaws in this section, both in suites and on common property, except where council specifically grants an exemption.
  • 48. Renovations/Alterations
    • (1) An owner or owners may, with the prior written approval of the Strata Council, make changes to the floor finishing of their strata lot from carpet to any hard surface floor finish (e.g.: tile or hardwood flooring) and the council shall give due consultation to the issue of sound transmission between strata lots.
    • (2) An owner or occupant of a strata lot which already has hard floor surfaces such as wooden floors or tile in a strata lot at the time this bylaw was passed must take all reasonable steps to satisfy noise complaints from residents within audible range, including without limitation:
      • (a) ensuring that no less than sixty percent (60%) of such hard floor surfaces, excepting only kitchens, bathrooms, laundry rooms and entry areas, are covered with area rugs or carpet unless otherwise dictated by a medical condition;
      • (b) avoiding walking with hard shoes or dragging furniture or other heavy objects across such floor surfaces;
      • (c) chair legs should be fitted with felt pads;
      • (d) avoiding activities that will cause unnecessary noise such as, bouncing balls, dancing and stomping of feet; and
      • (e) any noise inducing equipment should be separated from the floor with adequate cushioning.
    • (3) Any alteration to a strata lot or to common property that has not received the prior written approval of council must be removed at the owner's expense if the council orders that the alteration be removed. An owner who receives approval will be liable for all costs connected to the alteration, including the cost of repairing and maintaining the alteration and the cost of repairing and maintaining the common property or a strata lot if such repair is required as a result of the alteration. An owner who receives approval may be required by the council to sign an Assumption of Liability Agreement.
    • (4) The owner will be responsible to obtain the applicable building permits prior to commencing the work, and obtaining such permits is a condition of the council's approval.
    • (5) Owners who undertake alterations in accordance with these bylaws, and subsequent owners, are responsible for all costs relating to:
      • (a) the maintenance and repair of the alterations, and
      • (b) the effects on all adjacent strata lots or common property.
    • (6) On the sale of a strata lot, owners must include all obligations and costs that may be applied relating to alterations in any agreement of sale. If the subsequent owner refuses to sign an Assumption of Liability Agreement with the strata corporation the alteration may be removed by council and the cost of the removal will be charged to the new owner.
    • (7) The council reserves the right to require, or have an owner provide, specified professional supervision or inspection as a requirement of approval.
    • (8) Work on alterations shall be limited to between the hours of 9:00 a.m. and 6:00 p.m. Monday through Friday, and 10:00 a.m. to 6:00 p.m. on Saturday, Sunday and statutory holidays.
    • (9) A owner must not permit any construction debris, materials or packaging to be deposited in the Strata Corporation's garbage disposal containers.
    • (10) An owner must ensure that the delivery of any construction materials is through the door between the two buildings, except for townhomes. If an elevator is required, the owner must ensure the elevator is protected with proper wall pads and floor covering.
    • (11) An owner must be responsible to ensure that:
      • (a) They provide all appropriate and approved protective drop cloths, vacuums and other cleaning supplies, and;
      • (b) Drop cloths are installed and removed daily between the elevators and the strata lot as well as between other doors to protect common areas from any spillage or dripping; and;
      • (c) Stairs, lobby and common area hallway areas are regularly cleaned and vacuumed at the end of each day of the renovation.
      • (d) If the Strata Council determines that the protection and cleaning of all the common properties is insufficient or inadequate, the council will use additional cleaning services and charge to the owner's expense. Such costs shall be added to and become part of the strata fees of that owner for the month next following the date on which the cost was incurred and will become due and payable on the due date of payment of monthly strata fees.
    • (12) An owner must be in attendance for all SIGNIFICANT renovations/alterations, the determination of SIGNIFICANT shall be at the discretion of the council.
    • (13) No owners and/or resident shall do anything, or permit anything to be done, that will increase the risk of fire or the rate of fire insurance on the building or any part thereof.
    • (14) Prior to owners proceeding with renovations, a notice must be posted in the elevators and on bulletin boards informing residents that the renovations are taking place. The notice should state the date of the renovations are occurring and also the floor on which they are taking place.
    • (15) Any owner in contravention of any of Bylaw 48.1 to 48.14 (inclusive) shall be subject to a fine of up to $200 for each contravention, as well as be responsible for any cleanup or repair costs.
  • 49. Privacy Policy
    • The Oscar adheres to the BC Personal Information Protection Act. PIPA sets out how BC organizations, including corporations (including strata corporations), sole-proprietorships, partnerships, and non-profit organizations, may collect, use and disclose personal information about individuals.
      
      Under PIPA:
    • (1) The strata corporation may collect, from time to time, certain personal information of owners, tenants, and occupants including:
      • (i) the name, home address, and home telephone and/or cell phone numbers of owners, tenants and occupants
      • (ii) banking information, in the case of owners, for payment of strata fees
      • (iii) video images and voice recordings obtained during the use and operation of the video surveillance system (VSS) installed or to be installed in the building by the strata corporation in the following locations, with signage noting the operation and monitoring and operational 24 hours a day, 7 days a week:
        • (a) Exterior entrance/exit locations for pedestrian and vehicle traffic.
        • (b) Interior entrance/exit locations in common areas.
        • (c) Common activity areas.
        • (d) As needed in other interior/exterior common property or limited common property areas to address security, physical safety illegal actions, or bylaw infractions.
        • (e) Elevators.
      • (iv) Information and data recorded and collected during the use and operation of the access control system (e.g., key fobs) installed in the building that monitors access to and from the common areas of the building 24 hours a day, 7 days a week
    • (2) Personal information recorded and collected will not be disclosed to any person, other than: the building manager; the strata corporation's strata agent; elected members of the strata council during the course of exercising the powers and performing the duties of the strata corporation; the strata corporation's legal counsel; or law enforcement personnel, except:
      • (i) when required or authorized by law to do so
      • (ii) when disclosure is consented to in writing by an owner, tenant, or occupant
      • (iii) to up-date banking or financial records
      • (iv) when required to collect outstanding strata fees
      • (v) during the course of a criminal investigation involving vandalism to or theft of common property or common assets of the strata corporation, vandalism to or theft of personal belongings of owners, tenants, occupants, visitors and invitees, or the physical assault of an owner, tenant, occupant, visitor, or invitee.
    • (3) The strata corporation will take all reasonable precautions to ensure that personal information is kept safe from loss, unauthorized access, modification or disclosure.
    • (4) This bylaw authorizes the collection of personal information using the video surveillance system and access control system for the following purposes only:
      • (i) to monitor access to and from the common property areas of the building
      • (ii) to protect personal property of owners, tenants, occupants, visitors and invitees
      • (iii) to protect common property and common assets of the strata corporation
      • (iv) to protect the security and physical safety of owners, tenants, occupants, visitors and invitees to the building
    • (5) Personal information collected from the use and operation of the video surveillance system and access control system will be retained by way of electronic data storage for up to 3 days on the strata corporation's computer data storage system at which time the personal information recorded and collected will be recorded over.
    • (6) Requests for access to view a specific individual's personal information, including access to view those portions of the video surveillance or access control system that contains personal information for the individual requesting access, must be made in writing and delivered to the strata corporation's strata agent. Access to the specific individual's personal information other than personal information recorded and collected using the video surveillance system and the access control system, will be made available in the presence of an elected member of the strata council or the strata corporation's strata agent, within 14 days from the date of the request and copies of personal information will be provided and a reasonable fee will be charged for the copies of the personal information. Personal information recorded and collected using the video surveillance system and the access control system will, provided that the personal information has not previously been recorded over, be made available for inspection within 24 hours from the date of the request and a reasonable fee will be charged for the inspection of that personal information.