- comply with the provisions of Bylaws 9, 10, and
2. Permit entry to strata lot
- An owner, tenant, occupant or visitor must allow a person authorized by the strata corporation to enter the strata lot:
- in an emergency, without notice, to ensure safety or prevent significant loss or damage; and
- 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 underthese bylaws or insure under section 149 of the Act; or
- to ensure compliance with the Act or these
- The notice referred to in subsection 13(1)(b) must include the date and approximate time of entry, and the reason for entry.
3. Indemnification and insurance deductible
- An owner shall indemnify and save harmless the strata corporation from the expense of any maintenance, repair or replacement rendered necessary to the common property, limited common property, common assets or a strata lot for which the owner, or any member of his or her family or tenant or their guests, servants, agents or invitees is responsible but only to the extent that such expense is not met by the proceeds of insurance carried by the strata corporation.
- In the event that loss or damage occurs to common property, limited common property, common assets or any strata lot that gives rise to a valid claim under the strata corporation’s insurance policy, the owner shall reimburse the strata corporation for the deductible portion of the insurance claim if the owner or any member of his or her family or tenant or their guests, servants, agents orinvitees is responsible for the loss or damage that gave rise to the claim.
- Where an owner, tenant, occupant or visitor does or permits anything to be done that is illegal or for any reason invalidates the strata corporation’s insurance, the owner must indemnify and saveharmless the strata corporation from the expense of any maintenance, repair or replacement of any damage to the common property, limited common property, common assets or strata lots.
- For the purpose of this bylaw, any costs for which a strata lot owner is responsible shall beconsidered as an expense chargeable to the owner and shall be added to and become a part of theassessment of that owner for the month next following the date on which the expense was incurred and shall become due and payable on the date of payment of the monthly assessment.
- An owner who fails to pay the cost of repair or remedying the loss or damage when due shallreimburse the strata corporation and save it harmless against any and all costs and expensesrequired to collect such reimbursement, whether by Court action or other means and including council member or management costs associated with lost time from employment, strata management costs and legal costs, comprised of legal fees, taxes, disbursements and other related expenses, as between a solicitor and his own client or on a full indemnity basis.
Division 2 – Powers and Duties of Strata Corporation
4. Repair and maintenance of property by strata corporation
- The strata corporation must repair and maintain all of the following:
- common assets of the strata corporation;
- common property that has not been designated as limited common property;
- limited common property, but the duty to repair and maintain it is restricted to:
- repair and maintenance that in the ordinary course of events occurs less often than once a year; and
- the following, no matter how often the repair or maintenance ordinarily occurs:
- the structure of a building;
- the exterior of a building;
- chimneys, stairs, balconies and other things attached to the exterior of a building;
- doors, windows and skylights on the exterior of a building or that front on the common property; and
- fences, railings and similar structures that enclose patios, balconies and
- a strata lot, but the duty to repair and maintain it is restricted to:
- the structure of a building;
- the exterior of a building;
- chimneys, stairs, balconies and other things attached to the exterior of a building;
- doors, windows and skylights on the exterior of a building or that front on the common property; and
- fences, railings and similar structures that enclose patios, balconies and
Division 3 – Council
5. Council size and membership
- The council must have at least 3 and not more than 7
- An owner will not be entitled to be elected to council or continue to stand on council if the strata corporation is entitled to register a lien against that strata lot under section 116 of the Act.
6. Council members’ terms
- The term of office of a council member ends at the end of the annual general meeting at which the new council is elected.
- A person whose term as council member is ending is eligible for re-
7. Removing council member
- 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.
- 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
8. Replacing council member
- If a council member resigns or is unwilling or unable to act for a period of 2 or more months, theremaining members of the council may appoint a replacement council member for the remainder of the term.
- A replacement council member may be appointed from any person eligible to sit on the
- 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.
- 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 20% of the strata corporation’s votes may hold a special generalmeeting 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.
9. Officers
- At the first meeting of the council held after each annual general meeting of the strata corporation, at which the council is elected, the council must elect, from among its members, a president, a vice president, a secretary, a treasurer and a privacy officer.
- A person may hold more than one office at a time, other than the offices of president and vice president.
- The vice president has the powers and duties of the president:
- while the president is absent or is unwilling or unable to act; or
- for the remainder of the president’s term if the president ceases to hold
- The privacy officer is responsible to ensure that the strata corporation complies with the
Personal Information Protection Act.
- 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.
10. Calling council meetings
- 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.
- The notice does not have to be in
- A council meeting may be held on less than one week’s notice if:
- all council members consent in advance of the meeting; or
- the meeting is required to deal with an emergency situation, and all council members either:
- consent in advance of the meeting; or
- are unavailable to provide consent after reasonable attempts to contact
- The council must inform owners about a council meeting as soon as feasible after the meeting has been called.
11. Quorum of council
- A quorum of the council is:
- 2, if the council consists of 3 or 4 members;
- 3, if the council consists of 5 or 6 members; and
- 4, if the council consists of 7
- Council members must be present in person at the council meeting to be counted in establishing quorum.
12. Council meetings
- 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.
- If a council meeting is held by electronic means, council members are deemed to be present in
- Owners may attend council meetings as
- Despite subsection 23(3), no observers may attend those portions of council meetings that deal with any of the following:
- bylaw contravention hearings under section 135 of the Act;
- rental restriction bylaw exemption hearings under section 144 of the Act; and
- any other matters if the presence of observers would, in the council’s opinion, unreasonably interfere with an individual’s privacy.
13. Voting at council meetings
- At council meetings, decisions must be made by a majority of council members present in person at the meeting.
- If there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote.
- The results of all votes at a council meeting must be recorded in the council meeting
14. 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.
15. Delegation of council’s powers and duties
- Subject to subsections 26(2) and 26(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.
- The council may delegate its spending powers or duties, but only by a resolution that:
- delegates the authority to make an expenditure of a specific amount for a specific purpose; or
- delegates the general authority to make expenditures in accordance with subsection 26(3).
- A delegation of a general authority to make expenditures must:
- set a maximum amount that may be spent; and
- indicate the purposes for which, or the conditions under which, the money may be
- The council may not delegate its powers to determine, based on the facts of a particular case:
- whether a person has contravened a bylaw or rule;
- whether a person should be fined, and the amount of the fine;
- whether a person should be required to pay the reasonable costs of remedying a contravention of the bylaws or rules; or
- whether an owner should be exempted from a bylaw that prohibits or limits
16. Spending restrictions
- 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.
- Despite subsection 27(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.
17. Limitation on liability of council member
- 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.
- Subsection 28(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
18. Maximum fine
- The strata corporation may fine an owner or tenant a maximum of:
- $500 for the contravention of Bylaw 6;
- $1,000 for the contravention of Bylaw 7;
- $200 for the contravention of any other bylaw; and
- $50 for the contravention of a
19. Continuing contravention
- If an activity or lack of activity that constitutes a contravention of a bylaw or rule continues, the strata corporation may impose fines as follows:
- for the breach of Bylaw 7, on daily basis; and
- for a breach of any other bylaw, every 7 days. Division 5 –Annual and Special General Meetings
20. Quorum
- Quorum for an annual or special general meeting shall be the eligible voters holding 1/3 of the strata corporation’s votes present in person or by proxy.
- If at the time appointed for a general meeting, a quorum is not present:
- a meeting held pursuant to section 43 of the Act is cancelled; and
- for a meeting held other than pursuant to section 43 of the Act, the persons present in person or by proxy and entitled to vote at any time during the meeting shall constitute a quorum.
21. Person to chair meeting
- Annual and special general meetings must be chaired by the president of the
- If the president of the council is unwilling or unable to act, the meeting must be chaired by the vice president of the council.
- 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.
22. Participation by other than eligible voters
- Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote.
- 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.
- 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.
23. Voting
- At an annual or special general meeting, voting cards must be issued to eligible
- 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.
- 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.
- The outcome of each vote, including the number of votes for and against the resolution if a precisecount is requested, must be announced by the chair and recorded in the minutes of the meeting.
- If there is a tie vote at an annual or special general meeting, the president, or, if the president isabsent or unable or unwilling to vote, the vice president, may break the tie by casting a second, deciding vote.
- 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.
- An owner will not be entitled to vote at a general meeting except on matters requiring a unanimousvote or an 80% vote if the strata corporation is entitled to register a lien against the strata lot under section 116 of the Act.
24. Order of business
- The order of business at annual and special general meetings is as follows:
- certify proxies and corporate representatives and issue voting cards;
- determine that there is a quorum;
- elect a person to chair the meeting, if necessary;
- present to the meeting proof of notice of meeting or waiver of notice;
- approve the agenda;
- approve minutes from the last annual or special general meeting;
- deal with unfinished business;
- 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;
- ratify any new rules made by the strata corporation under section 125 of the Act;
- report on insurance coverage in accordance with section 154 of the Act, if the meeting is an annual general meeting;
- approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an annual general meeting;
- deal with new business, including any matters about which notice has been given under section 45 of the Act;
- elect a council, if the meeting is an annual general meeting; and
- terminate the
- Despite subsection 35(1), the order of business at an annual or special general meeting may be amended by a majority vote resolution passed at the same meeting.
Division 6 – Voluntary Dispute Resolution
25. Voluntary dispute resolution
- 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:
- all the parties to the dispute consent; and
- the dispute involves the Act, the regulations, the bylaws or the
- A dispute resolution committee consists of:
- 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
- any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.
- The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.
Division 7 – Small Claims
26. Small claims actions
- Pursuant to section 171 of the Act, the council, on behalf of the strata corporation, may commence aproceeding under the Small Claims Act against an owner or other person to collect money owing to the strata corporation without further authorization from the strata corporation. The council may commence the proceedings to collect monies owing to the strata corporation for any reason,including but not limited to monies owing by an owner or tenant for a fine or to recover the deductible portion of an insurance claim if the person is responsible for the loss or damage that gave rise to the The council has full authority to negotiate a settlement or discontinue or dismiss the action.
Division 8 – Severability
27. Severability
- Should any portion of these bylaws be deemed unenforceable by any court of competent jurisdiction, then for the purposes of interpretation and enforcement of the bylaws, each
paragraph, sub-paragraph or clause hereof shall be deemed a separate provision and severable,and the balance of the provisions contained herein shall remain in full force and effect.
- For the purposes of all bylaws, wherever the singular or masculine is used, it shall be construed asmeaning the plural or feminine or body corporate where the context The terms “resident” or “residents” refer to those individuals residing in the building, whether as owners, tenants or other occupants.
Division 9 – Miscellaneous
28. Moving fee
- Each time that an owner, tenant or occupant moves substantially the whole of his household furnishings and personal possessions into a strata lot, the owner of the strata lot will pay to the strata corporation a fee of $200.
29. Balconies and patios
- No owner, tenant or occupant shall place or store on his, her or its patio, deck, or balcony any boxes,garbage, bicycles, household items, goods, chattels, laundry, or other objects, which are visible from another strata lot or common property, provided that an owner, tenant, or occupant may place the following on his, her or its patio, deck, or balcony
- patio furniture;
- planters;
- a barbecue in accordance Bylaw 40(2); and
- a fire pit in accordance with Bylaw 40(3).
- No owner, tenant, or occupant shall use a barbecue unless:
- the barbecue is fueled by electricity or propane; and
- the barbecue is used and maintained in a safe manner and in accordance with the manufacturer’s recommendations.
- No owner, tenant, or occupant shall use a fire pit unless:
- the fire pit is fueled by electricity or propane; and
- the barbecue is used and maintained in a safe manner and in accordance with the manufacturer’s recommendations.
- Notwithstanding Bylaw 40(1), an owner, occupant, or tenant may display seasonal items, such as Christmas or holiday lights, provided that they are not affixed to the building.
30. No smoking bylaw
- An owner, tenant, occupant, or visitor must not smoke or vape anywhere on or within Strata Plan BCS2665, including in a strata lot, or anywhere on or within a common For the purposes of this Bylaw 41(1), the following definitions apply:
“smoke” or “smoking” includes inhaling, exhaling, burning or carrying of a lighted cigarette, cigar, pipe, hookah pipe or other lighted smoking equipment that burns tobacco or other weed substances (including, for clarity, cannabis);
“vape” or “vaping” includes inhaling, exhaling, vaporizing or carrying or using an activated e cigarette. (Amended 2023-01-12 CB426815).
- No owner, tenant, or occupant will grow or cultivate marijuana plants within a strata lot, common property or limited common property.
31. Security cameras and data collection
- The strata corporation may install and maintain security cameras on the common property for the purpose of monitoring common property, including:
- being alerted to the presence of trespassers;
- preventing, recording, investigating, and obtaining evidence of any theft, vandalism, nuisance, damage, or injury caused by any person; and
- ensuring compliance with bylaws relating to safety and
- The security cameras will be installed in 12258 and 12268 224th street, Maple Ridge in the main lobby entrances, enter phones, main lobbies, garbage room., recycling room, and
- In addition to security cameras, the use of access devices by owners, occupants, and tenants results in the collection of data by the strata corporation.
- The data from the security cameras and from each access device will be protected, held and used as follows:
- it will be stored on a computer which is password protected;
- it will be held for a period of one month, and after such time:
- if there is no need to retain the data for a purpose contemplated in Bylaw 42(1), the data will be overwritten or deleted;
- if the Council resolves to retain the data for a purpose contemplated in Bylaw 42(1), theStrata Council will record such resolution in the minutes of the Strata Council meeting and will retain such data for as long as is reasonably necessary; and
- it will be viewed by members of the council, the caretaker and/or security personnel hired by the strata corporation for such purposes, and will be provided to law enforcement, if applicable.
- The strata corporation makes no representation or guarantees that any of the security cameras will be fully operational at any time. The strata corporation is not responsible to an owner, tenant,occupant, or guest for any cost, loss or damage whatsoever related to a failure of the security cameras to operate for any reason, including but not limited to a failure resulting from negligence or lack of maintenance or repair.
- No owner, tenant or occupant shall do anything to damage or interfere with the security
32. Access keys and remotes
- The strata corporation will issue no more than 4 access devices per strata lot. Notwithstanding theforegoing, if an owner, occupant, or tenant believes that the limit of 4 access devices creates anundue hardship, the owner may make written application to the council, and if the council in its discretion believes that undue hardship exists, the council may issue and additional access device tothe owner for a user fee as set out in the
- For security purposes, without giving notice, the council will deactivate any access device which has not been used during a one-year period.
- Owner, occupants, and tenants are fully responsible for preventing an access device from beingstolen and used unlawfully, and for any damage resulting from such loss or unlawful use. An owner,occupant or tenant acknowledges that any delay in reporting the loss of an access device could result in loss or damage to the strata lot occupied by the owner, occupant, or tenant and that such damageis the sole responsibility of the owner, occupant, or tenant.
33. Notices and Minutes
- Notice of General Meetings to be distributed by
- Minutes of Council Meeting and General Meetings to be distributed via email
34. Electronic Attendance at General Meetings
- The Strata Corporation may hold Annual or Special General Meetings by electronic means, includingSpecial General Meetings demanded by 20% of the strata Corporation’s votes pursuant to section 43 of the Act or by 25% of the Strata Corporation’s votes pursuant to Consolidated Bylaw 12(4), including by telephone conference call, video conferencing or any other electronic means, so long as all authorized participants are eligible voters may communicate with each other during meeting either through an electronic platform or teleconference.
- If an annual or special general meeting is held by electronic means, eligible voters are deemed to be present in person or by proxy.
- An authorized participant means an agent of the Strata Corporation including a strata manager, legal counsel, insurance agent, CHOA representative, or any other person authorized by councilto attend prior to the
- Annual and Special general meetings held by electronic means must be chaired by the president of the council.
- If the president of the council is unwilling or unable to act, the electronic meeting must be chaired by the vice president of the council.
- If neither the president or the vice president of the council chairs the electronic 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.
- The secretary of the council shall prepare the minutes of the electronic
- If the secretary of the council is unwilling or unable to act, the minutes of the electronic meetingmust be prepared by an authorized person or eligible voter appointed by the
- The chairperson may appoint authorized participants or eligible voters to assist with practice and procedure during the electronic meeting.
- Participation by other than eligible voters at electronic meeting
- Persons who are not eligible to vote or are not authorized participants cannot participate in the discussion at a general meeting held by electronic means.
- Voting at Electronic Meeting
- At an annual or special general meeting held by electronic means, registration, verification ofproxies, participation, and quorum of eligible voters in person or by proxy must be confirmed by thechair at the beginning of the meeting by calling the roll or any other method that confirms eligiblevoters present in person or by
- All matters will be decided by majority vote at an electronic annual or special general meeting unless a different voting threshold is required or permitted by the Act or the
- The resolutions and the outcome of a vote on a resolution must be announced by the chair and recorded in the minutes of the meeting.
- If a precise vote is requested, the chair must decide whether the vote will be by roll call or some other method.
- The outcome of each vote requiring a precise count, including the number of votes for and against the resolution and any abstentions must be announced by the chair and recorded in the minutes of the meeting.
- If there is a tie vote on any matter at an electronic 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.
- Notwithstanding any other bylaw, a vote may not be conducted by secret ballot at an electronic annual or special general meeting.
- The votes on a resolution at an electronic meeting may be cast by eligible voters using any one of the following voting methods:
- email to a designated email address during a designated voting window;
- show of voting cards if visual electronic communication is available;
- call of the roll;
- hand delivery of the ballots to a designated location;
- any other electronic method that identifies votes of eligible voters
- Amendments to resolutions and the budget may be voted upon by calling the roll or by any other electronic method so long as the chair can determine the outcome of the vote by all eligible voters during the meeting.
- After the voting window is closed at the meeting:
- the total number of votes cast by the registered eligible voters on each resolution will be calculated;
- the chair will announce the outcome of the vote for each resolution including the total number ofvotes cast, the number of votes in favour, against, abstentions and whether the resolution was approved or defeated; and,
- the outcome of the vote must be recorded in the minutes of the
- The Strata Corporation must keep all ballots and proxies for an electronic Annual or Special generalmeeting for a period of two (2) years, or as otherwise determined by the eligible voters by majority vote, after which they will be destroyed.
35. Order of Business for Electronic Meeting
- The order of business at Annual and Special General meetings held by electronic means is as follows:
- Register eligible voters and certify proxies;
- verify eligible voters present in person or by proxy and participating in the meeting by calling the roll;
- call the meeting to order;
- establish and announce quorum;
- elect a person to chair the meeting, if necessary;
- present to the meeting proof of notice of meeting or waiver of notice;
- approve the agenda;
- review procedures and voting methods for the meeting; approve minutes of the previous Annual or Special General meeting;
- review reports that relate to the order of business, if necessary;
- ratify any new rules made by the strata corporation under section 125 of the Act included in the notice of meeting;
- report on insurance coverage as part of an electronic annual general meeting in accordance with section 154 of the Act;
- approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an electronic annual general meeting;
- deal with new business and resolutions, including any matters about which notice has been given under section 45 of the Act;
- confirm the method for electing council;
- conduct balloting and vote on agenda items, resolutions and/or elect a council, as applicable, using the voting methods adopted for the meeting;
- terminate the
- The order of business at an annual or special general meeting set out in subsection
- may be changed by a majority vote at the meeting.