The following sample bylaws are for educational and informational purposes only. Gibraltar Management Ltd. recommends that before using any bylaws listed below you have the bylaw reviewed by your Corporate Lawyer to ensure the bylaw achieves the desired binding effect.
Strata Property Act
AMENDMENT TO BYLAWS
The Owners, Strata Plan VIS _______ certify that the following addendum to the bylaws of the Strata Corporation is approved by a resolution passed in accordance with section 128 of the Strata Property Act at the General Meeting held on ___________.
Lockboxes of any type are not to be affixed to the interior or the exterior of the building. Any owner who has contracted the services of Real Estate Company for the purposes of selling their unit must make alternate arrangements for the Real Estate Agent to access the building and suite.
Any owner of a strata lot that causes water damage to any other strata lot or to the common property due to negligence or leakage from a hot water tank where the warranty has expired, will be held responsible for the payment of the insurance deductible and/or any cleanup and repair costs if a claim is not warranted by the strata corporation's insurance policy.
No Owners shall park or permit to be parked on the Common or Limited Common Property a vehicle exceeding 4,000 lbs. GVW except when used in the delivery to or removal from the premises. Recreational vehicles, motorhomes, campers, boats and trailers are prohibited on Common or Limited Common Property.
Only registered and currently licensed vehicles will be permitted on the Common Property of the Strata Plan. Vehicle storage insurance is required for vehicles not currently licensed. The owner must provide the Strata Council with a copy of the vehicle storage insurance within 7 days upon receipt of request for verification.
No Owner shall carry out repairs, major adjustments and oil changes to motor vehicles or other mechanical equipment on the Common or Limited Common Property. Residents are responsible for the condition of the assigned parking stalls, and excessive oil leaks must be cleared up promptly at the expense of the owner.
A late payment fine of twenty ($20.00) dollars may be applied to strata lots whose fees are not received by the first day of each month. Monies received by the Strata Corporation will be applied against the oldest outstanding receivable for that strata lot.
Rental of suites shall be for a minimum tenancy term of __________________. Owners found to be in violation of this bylaw may be fined a maximum of $200.00 per incident. If a violation of the bylaw continues, the fine may be re-imposed every seven days in accordance with regulation 7.1 of the Strata Property Act.
The owners of a strata lot must pay a move in fee of twenty-five ($25.00) dollars that will be invoiced at the time of the move in. All owners moving in or out shall notify the Management Company and the Strata Council at least one week prior to the move date.
A twenty ($20.00) dollar administration fee may be charged to a strata lot for any NSF cheques or automatic withdrawal rejections.
"The Owners of Strata Plan VIS ______, do hereby resolve, by way of ¾ vote, that the Property Management Contract between _________________, and the owners of Strata Plan ________, be cancelled in accordance with section 39 of the Strata Property Act" (2 months notice).
(1) Pursuant to Section 141 (2) of the Strata Property Act the number of strata lots that may be leased or rented shall be restricted to THREE (3) STRATA LOTS.
(2) The restriction set out in (1) above, shall be enforced and administered by the strata council.
(3) Any owner wishing to lease or rent his/her strata lot shall apply to the strata council in writing. Such rental or lease period shall be for not less than six months. On receipt of any application, the strata council shall then advise the applicant whether any rental vacancies are available. The strata council in approving any rental shall consider all applications and shall act in what they consider to be the best interests of the Strata Corporation as a whole and reserve the right to advise all of the owners of any application in order that other owners may also apply if they desire.
(4) No owner shall be entitled to priority based on having received permission to lease or rent in the past or on the basis of the date or time of application.
(5) The owners shall be solely responsible for the costs associated with any action undertaken by the Strata Corporation to enforce the provisions hereof including, without restricting the generality of the foregoing, all legal costs on a solicitor and own clients basis.
(6) The Strata Corporation may levy a fine not in excess of FIVE HUNDRED ($500.00) DOLLARS for a breach of this bylaw.
Where a claim is made upon the policy of insurance maintained by Strata Corporation #______ pursuant to Part 9 of the Strata Property Act, for loss or damage to one or more strata lots or to their carpeting, appliances, fixtures or other improvements and where such loss or damage is due to negligence on the part of the owner/occupant, then it shall be the responsibility of the owner of such a strata lot to make payment to Strata Corporation #_______ or the insurer, as the case may be, of any amount of any deductible payment pursuant to such policy of insurance.
Existing floor coverings must not be changed for the second, third, fourth or fifth floors (the first floor is exempt from this bylaw) with the following exceptions:
a) Where carpet is changed for new carpet;
b) Where vinyl flooring is changed for new flooring of the same type; and
c) Where the existing flooring is changed for carpet
The owner of a Strata Lot or lessee thereof shall report immediately to the Property Manager or Strata Council any incident to, or damage to, or failure of the water pipes, drains, electric wires or cables on common property in or about the building. The owner of a Strata Lot is not permitted to perform or cause any maintenance procedures on the water pipes, drains, electric wires or cables, fire sprinkler system on common or limited common property in or about the building.
An Owner shall indemnify and save harmless the Strata Corporation from the expenses of any maintenance, repair or replacement rendered necessary to the Common Property or to any Strata Lot by the Owner's family or the Owner's guests, employees, agents or tenants, but only to the extent that such expense is not met by the proceeds from any insurance policy. In such circumstances, and for the purposes of this Bylaw, any insurance deductible paid or payable by the Strata Corporation shall be charged to the Owner and shall be added to and become part of the assessment of that Owner for the month next following the date on which the expense was incurred.
Residents are prohibited from hanging flags, bird feeders, laundry or other objects from balconies, downpipes and gutter systems that detract from the aesthetics of the exterior of the building as deemed by the Strata Council.
An Owner shall not erect, place, allow, keep or display signs, billboards, advertising matter or other notices or displays of any kind on the Common Property in or about any Strata Lot in any manner which may make the same visible from the outside of the Strata Lot without the prior written consent of the Strata Council.
An Owner shall not erect antennas or satellite dishes for radios, television, citizen bands or other forms of receiving or transmitting devices on a Strata Lot without prior written consent of the Strata Council.
No structural alterations to the exterior of a building shall be made without previous written approval of the Strata Council and the Owner first having obtained a building permit from the Municipality of Victoria. An Owner shall not paint any exterior door, balcony or railings. Written consent for any modification to the exterior (i.e.…doors, windows, awnings or similar materials) must be obtained from the Strata Council. Any alteration or additions made by an Owner without such approval may be restored or removed by the Strata Council or its duly authorized representative, and any costs incurred by the Strata Corporation as a result thereof shall forthwith be paid by such Owner to the Strata Corporation.
Window coverings (drapes, blinds, etc.) are to be kept in good repair and be neutral in colour. The Strata Council shall determine the acceptability of such coverings if complaints from Owners are received in writing by the Strata Council or the Management Agent. The Owner shall not cover any window with aluminum foil, paper, sheets, plastic or other similar coverings. Windows may be tinted with prior approval of the Strata Council.
RESOLVED, as a THREE-QUARTER (3/4) VOTE of The Owners, Strata Plan No. _____, that the Strata Corporation raise the sum of ONE MILLION, SIX HUNDRED AND FIFTY THOUSAND ($1,650,000.00) DOLLARS as a special levy. The purpose of the special levy is to:
(Explain in detail)
Each owner's share of the special levy shall be based on their unit entitlement and is set out on the Schedule attached hereto and forming part of this resolution. The special levy shall be due and payable in 2 equal payments, 50% due on the 1st day of January 2007 and 50% due on the 1st day of March 2007
This resolution is passed by a 3/4 majority of owners represented in person or by proxy at the Strata Corporation's General Meeting held on December 1, 2006.