BYLAWS

STRATA PLAN BCS 2196 – ONE MADISON AVENUE

2345/2355 Madison Avenue

Burnaby, B.C.
V5C 0B4/V5C 0B3

Amended:
July 28, 2008, November 17, 2008
June 16, 2009, June 16, 2014, July 31, 2015
June 15, 2016, November 4, 2016
Amended June 21, 2017 under No. CA6101483 and registered on June 28, 2017
Amended May 30, 2018 under No. CA6842508 and registered on June 4, 2018
Amended May 29, 2019 under No. CA7550696 and registered on June 10, 2019
Amended July 29, 2020 under No. CA 8354928 and registered on August 11, 2020
Amended July 7, 2021 under No. CA195582 and registered on July 15, 2021
Amended July 17, 2023 under No. CB778665 and registered on July 25, 2023

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Contents
Division 1 – Duties of Owners, Tenants, Occupants and Visitors 4
1 Payment of strata fees 4
2 Repair and maintenance of property by owner 4
3 Use of property 4
4 Inform Strata Council 9
5 Obtain approval before altering a strata lot 9
6 Obtain approval before altering common property 12
7 Permit entry to strata lot 13
Division 2 – Powers and Duties of Strata Corporation 14
8 Repair and maintenance of property by strata corporation 14
Division 3 – Council 15
9 Council size 15
10 Council member’s terms 15
11 Removing council member 15
12 Replacing council member 16
13 Officers 16
14 Calling council meetings 16
15 Requisition of council hearing 17
16 Quorum of council 17
17 Council meetings 17
18 Voting at council meetings 18
19 Council to inform owners of minutes 18
20 Delegation of council’s powers and duties 18
21 Spending restrictions 19
22 Limitation of liability of council member 19
23 Maximum fine 19
24 Continuing contravention 19
Division 4 – Annual and Special General Meetings 20
25 Quorum 20
26 Person to chair meeting 20
27 Participation by other than eligible voters 20
28 Voting 20
29 Order of business 21
Division 5 – Voluntary Dispute Resolution 22

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30 Voluntary dispute resolution 22
Division 6 – Miscellaneous 22
31 Common Areas 22
32 Parking 22
33 Damage to Property 24
34 Security 24
35 Moving and Resale 25
36 Rental of Strata Lots 26
37 Pest Control 27
38 No Harassment 27
39 Small Claims Court and collection of strata property fees and special levies 27
40 Privacy Policy 27
41 Owner insurance and indemnity for damage to common property and strata lots 29
42 Amenity Building 31

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

1 Payment of strata fees

(1) An owner must pay strata fees on or before the first day of the month to which the
strata fees relate.

(2) No person may stand for council or continue to be on council with respect to a strata
lot, or vote on behalf of a strata lot (except on matters requiring a unanimous vote),
if the strata corporation is entitled to register a lien against that strata lot under
section 116 (1) of the Strata Property Act (the “Act”).

(3) If an owner fails to pay strata fees or a special levy on the due date, the strata
corporation may fine an owner for contravention of these bylaws and, at its sole
discretion, apply a charge interest at the rate of 10% per annum compounded
annually on any unpaid strata fees and on any unpaid special levies.

(4) The owner of a strata lot for which a dishonoured cheque is issued will be charged
the financial service charge.

(5) If the strata corporation incurs legal or other costs in order to collect strata fees or
special levies in relation to a strata lot, the owner of the strata a lot will be
responsible to reimburse the strata corporation for the full amount of the costs
incurred by the strata corporation.

2 Repair and maintenance of property by owner

(1) An owner must repair and maintain the owner’s strata lot, except for repair and
maintenance that is the responsibility of the strata corporation under these bylaws.

(2) An owner who has the use of limited common property must repair and maintain
it, except for repair and maintenance that is the responsibility of the strata
corporation under these bylaws.

(3) Notwithstanding the generality of subsections (1) and (2), an owner is responsible
to repair and maintain any alterations to common property or limited common
property made by the owner.

(4) A strata lot that is left vacant and unoccupied for a period of 30 or more consecutive
days must be inspected by the owner of the strata lot or their appointed
representative at least once per month.

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,

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 (c) unreasonably interferes with the rights of other persons to use and enjoy the
common property, common assets or another strata lot,

(d) is illegal, or

(e) is contrary to a purpose for which the strata lot or common property is
intended as shown expressly or by necessary implication on or by the strata
plan.

(f) that is in contravention of any rule, order or bylaw of The City of Burnaby
applicable to the strata lot or that will result in any unusual or objectionable
odour to emanate from the strata lot, or that is inconsistent with the intent
of these Bylaws.

(2) An owner, tenant, occupant or visitor must not litter on common property or 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) A resident must not allow more than two persons to occupy a strata lot originally
designated by the owner developer as a one bedroom unit and not allow more than
four persons to occupy a strata lot originally designated by the owner developer as
a two bedroom unit and not allow more than six persons to occupy a strata lot
originally designated by the owner developer as a three bedroom unit. For the
purposes of this bylaw, a “person” is defined to include children, but exclude
visitors staying for less than 30 days with an owner, occupant or tenant of a strata
lot.

(4) An owner, tenant, occupant or visitor must ensure that all animals are leashed or
otherwise secured when on the common property or on land that is a common asset.

(5) An owner, tenant or occupant must not keep any pets on a strata lot other than the
following:

a) one aquarium up to 65 gallons in size to house fish and other small aquatic
animals;

b) up to 2 small caged mammals or reptiles;

c) up to 2 caged birds;

d) one dog or one cat including any guide or service dog, as defined under the
Guide Dog and Service Dog Act.

(6) Despite subsection (5), an owner, tenant, occupant or visitor must not have more
than 2 types of pets as described in subsection (5) or keep any pet in a strata lot that
is prohibited in British Columbia under the Wildlife Act and Controlled Alien
Species Regulation.

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 (7) The owners of pets shall be fully responsible for their behaviour within the common
property including being responsible for pet excrement. If a pet is deemed to be a
nuisance by the Strata Council, it shall be removed from the Strata Corporation
within thirty (30) days. Visiting pets are not permitted.

(8) No pets are allowed on the 3rd floor exterior terrace/green space, in the Amenities
Pavilion or in the Buildings Lounges.

(9) No pet shall be permitted to urinate or defecate on the common property, or on any
balcony or a patio. Pets may not be left unattended, unsupervised, or confined on
balconies or patios.

(10) If a pet defecates on the common property, a balcony or a patio, the Pet Owner shall
immediately and completely remove all of their pet’s waste from the common
property, balcony or patio, and dispose of it in a waste container or by some other
sanitary means.

(11) An owner, tenant or occupant shall not feed nuisance birds such as pigeons,
seagulls, crows, starlings and other birds from any Strata Lot or the common
property.

(12) An owner, tenant or occupant must not (without the written permission of the strata
corporation):

(a) place signs, notices or other advertising matter of any kind on or in a strata
lot that is visible from outside the strata lot or on common property or land
that is a common asset;

(aa) store more than one standard size 20-pound propane tank on any balcony
or patio.

(b) install or hang or apply anything to or on a window that is visible from the
exterior of a strata lot, other than drapes or blinds that are cream or white in
colour;

(c) store any items on common property or any limited common property other
than in storage lockers or any other place designated by the council from
time to time for the storage of items;

(d) keep or store anything on any deck, balcony or patio except free-standing,
self-contained planter boxes, patio furniture, patio accessories and
barbeques;

(e) use balcony floor coverings;

(f) use, affix or hang any awning, shade screen, smoke stack, satellite dish,
radio or television antenna to the exterior of a strata lot;

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 (g) hang or display any laundry, clothing, bedding, or other articles from
windows, patios, or other parts of the strata lot;

(h) use any cooking device on any deck, balcony or patio other than a propane,
natural gas, or electric barbecue, which must be kept at a minimum distance
of 24 inches away from the building exterior walls;

(i) keep or store anything in a strata lot or on common property (including

limited common property) that will increase the risk of damage or fire or
the rate of insurance on the strata corporation;

(j) display any holiday decorations except for between December 1 and
January 15;

(k) permit any strata lot to be used or occupied as short-term accommodation

by anyone who, directly or indirectly, pays or gives the owner, tenant or
occupant any fee, compensation or other remuneration. Without restricting
the generality of the foregoing, an owner, tenant or occupant must not:

(i) permit any strata lot to be used or occupied as hotel, bed and
breakfast, vacation, travel, AirBnB, Vacation Rental By Owner,
home stay or student accommodation for any period of time; or

(ii) directly or indirectly advertise, market, promote or license for use

any strata lot as hotel, bed and breakfast, vacation, travel, AirBnB,
Vacation Rental By Owner, home stay or student accommodation
for any period of time.

(l) use a strata lot for commercial or professional purposes, except as a home
office;

(m) make excessive noise or play loud music that is audible from within another
strata lot after 9:00 PM from Sunday to Thursday and after 10:00PM on
Friday or Saturday;

(n) bicycle, rollerblade, or skateboard on the common property other than the
driveway is prohibited;

(o) mops or dusters of any kind shall not be shaken, and nothing shall be thrown
out of any window, door, passage, or other parts of the Strata Lot or the
common property;

(p) smoke tobacco, cannabis or illicit drugs, including vaping, on limited

common property, balconies, common property, or land that is a common
asset, or within 10 meters of any doorway, window or air intake vent;

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 (q) deposit materials that are not accepted by the municipal waste management
or recycling system (“Unauthorized Waste”) in the strata corporation’s
garbage and recycling containers. Residents scheduling Large Item Pickup
with the City of Burnaby must inform the building manager prior to placing
items on common property for collection.

(s) install any high efficiency, tinted windows on the exterior of a strata lot with
the exception of a strata lot located on the 31st floor which may have tinted
windows installed with the written permission of council; Removed at July
17, 2023 AGM and replaced with Bylaw 5(8).

(t) allow any person or object to prevent an elevator door from closing by
obstructing the sensor or door;

(u) use or permit anyone to use a common property wall outlet for charging an
electric vehicle or for any purpose other than to vacuum a vehicle;

(v) obstruct or hang objects from any fire suppression sprinkler in a strata lot or
on common property;

(w) tamper, obstruct or misuse common property fire safety equipment in any
way, including but not limited to alarm pull stations and fire extinguishers.

(x) solicit, canvass or campaign on common property.

(y) use of property for the purpose of growing, producing, harvesting, marketing,
selling or distribution of cannabis or marijuana. Storage within a strata lot or
transport through common property of cannabis or marijuana is prohibited,
except for quantities less than or equal to limits specified (if any) for legal
personal possession of cannabis or marijuana under relevant federal or
provincial legislation.

(z) ride or use skateboards, electric bikes, electric scooters, segways,

hoverboards, electric or motorized equipment or device, other than
accessibility devices used as a mobility aid, on any path, sidewalk, parking
area, common property or land that is a common asset;

(13) Owners and tenants are responsible for disposing of Unauthorized Waste at their
own expense. Owners who deposit Unauthorized Waste in the strata corporation’s
garbage or recycling containers will have the strata corporation’s cost of disposing
of the Unauthorized Waste and any fines paid by the strata corporation charged
back to their account.

(14) A small amount of water may be used to clean balcony and patio surfaces only
during times of heavy rainfall. No cleaning products or solvents may be used to
clean balcony and patio surfaces. Solid debris on balconies and patios must be
collected by sweeping or vacuuming. Planters and plants must have catch trays
inserted underneath to prevent water from spilling over balcony edges.
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 (15) Living or natural Christmas or holiday trees and decorations are not permitted. This
includes living wreaths and other natural holiday decorations which pose an
increased fire hazard.

(16) Natural gas or propane fire pits or heaters are permitted on balconies and patios
when kept a minimum of 24 inches away from building exteriors, balcony
perimeters, balcony curbs, windows, ceilings, awnings, gardens, and railings. Such
appliances must be Canadian Standards Association or Underwriters Laboratory of
Canada approved and used in accordance with the manufacturer’s instructions at
all times. No more than one standard size 20-pound propane tank may be stored on
any balcony or patio.

(17) An owner, tenant, or occupant must not use or bring any fireworks, sparklers or
firecrackers on the strata property as per the City Bylaws. Violators of this bylaw
will be subject to a $200 fine.

4 Inform Strata Council

(1) Within 2 weeks of becoming an owner, an owner must inform the strata corporation
of the owner’s name, strata lot number, phone number, email address and mailing
address outside the strata plan if any,

(2) On request by the strata corporation, a tenant must inform the strata corporation of
his or her name, phone number and email address.

(3) On an annual basis, owners, tenants and occupants must ensure that all assigned
fobs and transmitters against their strata lot are registered with the strata corporation
during the fob/transmitter and contact information registration period (to be
determined by strata council). The audit registration must be completed by all
owners, tenants and occupants. Non-resident owners must complete an audit
registration separate from their tenants and occupants. Only devices in your
possession may be registered; non-resident owners may not register devices on
behalf of their tenants or occupants. Upon completion of the audit unregistered
devices will be removed from the access control system and revoked access to
building doors, gates, and elevators.

5 Obtain approval before altering a strata lot

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

(a) the structure of a building;

(b) the exterior of a building;

(c) chimneys, stairs, balconies or other things attached to the exterior of a

building;

(d) doors, windows, or skylights on the exterior of a building, or that front on

the common property;
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 (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.

(h) the painting of the exterior, or the attachment of sunscreens or greenhouses.

(2) The strata corporation may require as a condition of its written approval that the
owner agree, in writing, to take responsibility for any expenses relating to the
alteration and to indemnify and hold harmless the strata corporation, its employees
and agents for any future costs in connection with the alteration.

(3) An owner intending to apply to the strata corporation for permission to alter a
strata lot must submit, in writing:
a) a detailed written description of the intended alteration,
b) a detailed plan showing the proposed location of the construction of the
alteration and nature of the change, including details of the proposed
materials and dimensions,
c) name(s) of the qualified/licensed contractor or consultants who will
design, construct and inspect the alterations,
d) proof of valid liability insurance for the qualified/licensed contractor or
consultants who will design, construct and inspect the alterations,
e) an indemnity to cover any damage to common property or other strata lots
as a result of the alterations,
f) all applicable permits, licences and approvals from the appropriate
governmental authorities;
g) a signed assumption of liability agreement if required by the strata council
under bylaw 5(2), and
h) such further and other documents or information which the strata council
may reasonably require.

(4) Any alterations approved under this section may only be carried out between the
hours, and will be subject to all applicable municipal and provincial bylaws and
codes of 8:00 a.m. and 5:00 p.m., Monday through Saturday, excluding statutory
holidays.

(5) An owner, tenant or occupant who alters a strata lot without adhering strictly to
these bylaws, must restore, at the owner’s sole expense, the strata lot to its condition
prior to the alteration. If the owner, tenant or occupant refuses or neglects to restore
the alteration to its original condition, the strata corporation may conduct the
restoration, at the expense of the owner. The cost of such restoration 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.

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 (6) Transportation of building material and equipment that requires use of the elevators
must be booked with the building manager during regular manager’s working
hours. To prevent damage, the elevator used for moving must be padded and placed
in independent service.

(7) Air Conditioning devices must be installed using the following specifications:

(a) Owners may install air conditioning units only in accordance with the
bylaws and upon obtaining prior approval of the strata council and
fulfilling any conditions to the approval set out by the strata council.

(b) The Strata Council can only approve air conditioner units that the council
determined to be “ductless split” type air conditioners.

(c) Any owner installing an air conditioner must have it installed by a licensed
professional installer, and the owner must provide a copy of the installer's
name, contact information, and credentials at the time of seeking
permission to install an air conditioner.

(d) Owners must show proof that the unit installed is rated by its manufacturer
to produce no more than 50dB of noise, and provide evidence of this
rating at the time of seeking approval.

(e) Owners must show proof that the installation plan will not exceed the
existing maximum electrical capacity of the Strata Lot, and provide
evidence of this at the time of seeking approval.

(f) No owner will install or have installed an air conditioner unit if that
installation attached any item to the building exterior in any way or pierces
the building’s exterior or envelop in any way, unless:
i. The owner provides information as-required to a building envelope
professional, approved by the strata council, and obtains from that
building exterior professional assurance that the installation will
not compromise the exterior of the building.
ii. The owner provides access to the unit as necessary for that
building envelope professional to examine the installation and
thereafter, and
iii. The owner pays the fees for the foregoing.

(g) The outside condensing unit:

i. May only be installed on a balcony, but may not be permanently
affixed to the balcony.
ii. Must not negatively alter the overall appearance of the outside of
the building, and the council may require specific measures to be
taken to hide the unit at the strata council’s discretion.
iii. Must be installed with adequate vibrational isolation as to prevent
undue disturbance to neighbouring units.
iv. Condensate must drain from within the unit and not onto the
balcony or outside the building.
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 (h) Air conditioning units are subject to removal at the discretion of the strata
council for any reason that the strata council deems sufficient. Owner shall
pay all costs associated with the removal of an air conditioner unit.

(8) Obtain approval before altering a Strata Lot; owners must obtain approval from
Council to install high efficiency window film on the interior of windows within
their unit.
a) Owners may have window film only in accordance with the bylaws and
upon obtaining prior approval of the strata council and fulfilling any
conditions to the approval set out by the strata council.
b) Window film will need to meet the following criteria:
a. Non-metallicized
b. Window film allows for 70% of visible light or more;
products with this designation will allow that amount of
light +- 2%.
c) Any owner installing window film must have it installed by a licensed
professional installers, and the owner must provide a copy of the
installer’s name, contact information, and credentials at the time of
seeking permission to install window films.
d) Owners must show proof that the film installed is rated by its
manufacturer to match the above criteria and provide evidence of this
rating at the time of seeking approval.
e) Window Film is subject to removal at the direction of the strata council for
any reason that the strata council deems sufficient. The Owner will pay all
costs associated with the removal of the window film.
f) The strata may require as a condition of its approval that the owner agrees,
in writing, to take responsibility for any expenses related to the alteration.

6 Obtain approval before altering common property

(1) An owner must obtain the written approval of the strata corporation before making
an alteration to common property, including limited common property, or common
assets.

(2) The strata corporation may require as a condition of its approval that the owner
agree, in writing, to take responsibility for any expenses relating to the alteration.

(3) An owner intending to apply to the strata corporation for permission to alter
common property must submit, in writing:
a) a detailed written description of the intended alteration,
b) a detailed plan showing the proposed location of the construction of the
alteration and nature of the change, including details of the proposed
materials and dimensions,
c) name(s) of the qualified/licensed contractor or consultants who will
design, construct and inspect the alterations,
d) proof of valid liability insurance for the qualified/licensed contractor or
consultants who will design, construct and inspect the alterations,
e) an indemnity to cover any damage to common property or other strata lots
as a result of the alterations,

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 f) all applicable permits, licences and approvals from the appropriate
governmental authorities;
g) a signed assumption of liability agreement if required by the strata council
under bylaw 6(2), and
h) such further and other documents or information which the strata council
may reasonably require.

(4) Any alterations approved under this section may only be carried out between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday, excluding statutory
holidays, and will be subject to all applicable municipal and provincial bylaws and
codes.

(5) An owner, tenant or occupant who alters common property without adhering
strictly to these bylaws, must restore, at the owner’s sole expense, the common
property to its condition prior to the alteration. If the owner, tenant or occupant
refuses or neglects to restore the alteration to its original condition, the strata
corporation may conduct the restoration, at the expense of the owner. The cost of
such restoration 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.

(6) For hardwood, laminate or similar composite flooring upgrades the product used
must be a minimum 12mm laminate and or engineered wood floor with the
installation of a quality acoustic sound absorbing underlay with the following
minimal specifications: Thickness 3.0 mm, Acoustical – 63 FIIC (ASTM E492)
Impact Sound Transmission and Density – 22 lbs./cu. ft. The concrete must be
leveled and dried prior to applying the acoustic sound absorbing underlay using a
minimal amount of adhesive and manufacture recommended drying time, followed
by the application of more adhesive and the installation of the flooring followed by
further drying time. (The procedure may change pending on wood product,
however the materials used should accept each other). Carpet flooring upgrades
must use the same acoustic sound absorbing underlay as specified above.

7 Permit entry to strata lot

(1) An owner, tenant, occupant or visitor must allow a person authorized by the strata
corporation to enter the strata lot

(a) in an emergency, without notice, to ensure safety or prevent significant loss

or damage, and

(b) at a reasonable time, on 48 hours’ written notice, to inspect, repair or

maintain common property, common assets and any portions of a strata lot
that are the responsibility of the strata corporation to repair and maintain
under these bylaws or insure under section 149 of the Act.

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

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

(4) Without limiting the generality of the foregoing, an owner, tenant or occupant must
provide access to his or her strata lot to a person authorized by the strata corporation
to perform an annual inspection of fire safety equipment, which includes but is not
limited to, alarms, speakers, smoke detectors and sprinklers.

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 be designated as limited common property;

(c) limited common property, but the duty to repair and maintain it is restricted
to

(i) repair and maintenance that in the ordinary course of events occurs
less often than once a year, and

(ii) the following, no matter how often the repair and maintenance
ordinarily occurs:

(a) the structure of a building;

(b) the exterior of a building;

(c) chimneys, stairs, balconies and other things attached to the

exterior of a building;

(d) doors, windows and skylights on the exterior of a building

or that front on the common property;

(e) fences, railings and similar structures that enclose patios,

balconies and yards;

(d) a strata lot in a strata plan that is not a bare land strata plan, but the duty to
repair and maintain it is restricted to

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 (i) the structure of a building;

(ii) the exterior of a building;

(iii) chimneys, stairs, balconies and other things attached to the exterior
of a building;

(iv) doors, windows and skylights on the exterior of a building or that

front on the common property, and

(v) fences, railings and similar structures that enclose patios, balconies
and yards.

(2) The cost of any repairs and maintenance carried out to a strata lot by the strata
corporation pursuant to subsection (d) shall be paid by the owner of the strata lot,
and 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.

Division 3 – Council

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

(2) If the strata plan has fewer than 4 strata lots or the strata corporation has fewer
than 4 owners, all the owners are on the council.

10 Council member’s terms

(1) The term of office of a council member ends at the end of the annual general
meeting at which the new council is elected.

(2) A person whose term as council member is ending is eligible for reelection.

11 Removing council member

(1) Unless all the owners are on the council, the strata corporation may, by a resolution
passed by a majority vote at an annual or special general meeting, remove one or
more council members.

(2) After removing a council member, the strata corporation must hold an election at
the same annual or special general meeting to replace the council member for the
remainder of the term.

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

(2) A replacement council member may be appointed from any person eligible to sit
on the council.

(3) The council may appoint a council member under this section even if the absence
of the member being replaced leaves the council without a quorum.

(4) If all the members of the council resign or are unwilling or unable to act for a period
of 2 or more months, persons holding at least 25% of the strata corporation’s votes
may hold a special general meeting to elect a new council by complying with the
provisions of the Act, the regulations and the bylaws respecting the calling and
holding of meetings.

13 Officers
(1) At the first meeting of the council held after each annual general meeting of the
strata corporation, the council must elect, from among its members, a president, a
vice president, a secretary and a treasurer.

(2) A person may hold more than one office at a time, other than the offices of president
and vice president.

(3) The vice president has the powers and duties of the president

(a) while the president is absent or is unwilling or unable to act, or

(b) for the remainder of the president’s term if the president ceases to hold office.

(4) If an officer other than the president is unwilling or unable to act for a period of 2
or more months, the council members may appoint a replacement officer from
among themselves for the remainder of the term.

14 Calling council meetings

(1) Any council member may call a council meeting by giving the other council
members at least one week’s notice of the meeting, specifying the reason for calling
the meeting.

(2) The notice does not have to be in writing.

(3) A council meeting may be held on less than one week’s notice if

(a) all council members consent in advance of the meeting, or

(b) the meeting is required to deal with an emergency situation, and all council
members either

Strata Plan BCS 2196 – Bylaws July 2023 Page 16

 (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 to the strata corporation’s property manager, stating the
reason for the request, an owner or tenant may request a hearing at a council
meeting.

(2) If a hearing is requested under subsection (1), the council must hold a meeting to
hear the applicant within one month of the request.

(3) If the purpose of the hearing is to seek a decision of the council, the council must
give the applicant a written decision within one week of the hearing.

16 Quorum of council
(1) A quorum of the council is

(a) 1, if the council consists of one number,

(b) 2, if the council consists of 2, 3, or 4 members,

(c) 3, if the council consists of 5 or 6 members, and

(d) 4, if the council consists of 7 members.

(2) Council members must be present in person at the council meeting to be counted in
establishing quorum.

17 Council meetings
(1) At the option of the council, council meetings may be held by electronic means, so
long as all council members and other participants can communicate with each
other.

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

(3) Owners may attend council meetings as observers.

(4) Despite subsection (3), no observers may attend those portions of council meetings
that deal with any of the following:

(a) bylaw contravention hearings under section 135 of the Act;

Strata Plan BCS 2196 – Bylaws July 2023 Page 17

 (b) rental restriction bylaw exemption hearings under section 144 of the Act;

(c) any other matters if the presence of observers would, in the council’s
opinion, unreasonably interfere with an individual’s privacy.

18 Voting at council meetings

(1) At council meetings, decisions must be made by a majority of council members
present in person at the meeting.

(2) Unless there are only 2 strata lots in the strata plan, if there is a tie vote at a council
meeting, the president may break the tie by casting a second, deciding vote.

(3) The results of all votes a council meeting must be recorded in the council meeting
minutes.

19 Council to inform owners of minutes

The council must inform owners of the minutes of all council meetings within 2 weeks of
the meeting, whether or not the minutes have been approved.

20 Delegation of council’s powers and duties

(1) Subject to subsections (2) to (4), the council may delegate some or all of its powers
and duties to one or more council members or persons who are not members of the
council, and may revoke the delegation.

(2) The council may delegate its spending powers or duties, but only be a resolution
that

(a) delegates the authority to make expenditure of a specific amount for a

specific purpose, or

(b) delegates the general authority to make expenditures in accordance with

subsection (3).

(3) A delegation of a general authority to make expenditures must

(a) set a maximum amount that may be spent, and

(b) indicate the purposes for which , or the conditions under which, the money
may be spent.

(4) The council may not delegate its powers to determine, based on the facts of a
particular case,

(a) whether a person has contravened a bylaw or rule,

(b) whether a person should be fined, and the amount of the fine, or

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

Strata Plan BCS 2196 – Bylaws July 2023 Page 18

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 any acts or omissions while he or she is or was carrying out his or her
duties as a member of the strata council, and shall be indemnified and saved
harmless by the strata corporation against all liability and costs, including legal
costs as between solicitor and his or her client.

(2) Subsection (1) does not affect a council member’s liability, as an owner, for a
judgment against the strata corporation.

23 Maximum fine

(1) The strata corporation may fine an owner or tenant a maximum of

(a) $200 for each contravention of a bylaw, and

(b) $1,000 for each contravention of a bylaw that prohibits, or limits use of all
part a residential strata lot for numeration as vacation, travel or temporary
accommodation; and

(c) $50 for each contravention of a rule.

(2) An owner is liable for the contravention of the bylaws by his or her tenants, invitees,
licensees or visitors and is liable for all costs or expenses incurred or expended by
the strata corporation in correcting, remedying or curing such infractions or
violations and the same shall be charged to that owner, and shall be payable on the
first day of the next month following the infraction or violation.

(3) An owner, shall be liable for and indemnify the strata corporation for any legal and
administrative expenses, including legal costs on a solicitor and own client basis,
incurred or expended by the strata corporation as a result of such infraction or
violation or of its having to enforce these bylaws and rules.

24 Continuing contravention
If an activity or lack of activity that constitutes a contravention of a bylaw or rule continues,
without interruption, for longer than 7 days, a fine may be imposed every 7 days. In case
of bylaw described in section 3. (12). (k), a fine may be imposed daily.

Strata Plan BCS 2196 – Bylaws July 2023 Page 19

 Division 4 – Annual and Special General Meetings

25 Quorum
(1) A quorum for a general meeting is 1/3 of the strata corporation’s eligible voters,
present in person or by authorized representative or by proxy.

(2) At any annual or special general meeting called by the strata corporation, if a
quorum is not present at the appointed time or within 15 minutes thereafter, then
the eligible voters who are present in person, by authorized representative or by
proxy, shall constitute a quorum.

(3) Subsection (2) does not apply to general meetings called by voters pursuant to s.
43 of the Act.

26 Person to chair meeting

(1) Annual and special general meetings must be chaired by the president of the
council.

(2) If the president of the council is unwilling or unable to act, the meeting must be
chaired by the vice president of the council.

(3) If neither the president nor the vice president of the council chair 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.

27 Participation by other than eligible voters

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

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

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

28 Voting
(1) At an annual or special general meeting, voting cards must be issued to eligible
voters.

(2) At an annual or special general meeting a vote is decided on a show of voting cards,
unless an eligible voter requests a precise count.

(3) If a precise count is requested, the chair must decide whether it will be by show of
voting cards or by roll call, secret ballot or some other method.

Strata Plan BCS 2196 – Bylaws July 2023 Page 20

 (4) The outcome of each vote, including the number of votes for and against the
resolution if a precise count is requested, must be announced by the chair and
recorded in the minutes of meeting.

(5) If there is a tie vote at an annual or special general meeting, the president, or if the
president is absent or unable or unwilling to vote, the vice president, may break the
tie by casting a second, deciding vote.

(6) If there are only 2 strata lots in the strata plan, subsection (5) does not apply.

(7) Despite anything in this section, an election of council or any other vote must be
held by secret ballot, if the secret ballot is requested by an eligible voter.

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

(a) certify proxies and corporate representatives and issue voting cards;

(b) determine that there is a quorum;

(c) elect a person to chair the meeting, if necessary;

(d) present to the meeting proof of notice of meeting or waiver of notice;

(e) approve the agenda;

(f) approve minutes from the last annual or special general meeting;

(g) deal with unfinished business;

(h) receive reports of council activities and decisions since the previous annual general
meeting, including reports of committees, if the meeting is an annual general
meeting;

(i) ratify any new rules made by the strata corporation under section 125 of the Act;

(j) report on insurance coverage in accordance with section 154 of the Act, if the
meeting is an annual general meeting;

(k) approve the budget for the coming year in accordance with section 103 of the Act,
if the meeting is an annual general meeting;

(l) deal with new business, including any matters about which notice has been given
under section 45 of the Act;

(m) elect a council, if the meeting is an annual general meeting;

(n) terminate the meeting.

Strata Plan BCS 2196 – Bylaws July 2023 Page 21

 Division 5 – Voluntary Dispute Resolution

30 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 part to the dispute if

(a) all the parties to the dispute consent, and

(b) the dispute involves the Act, the regulations, the bylaws or the rules.

(2) A dispute resolution committee consists of

(a) one owner or tenant of the strata corporation nominated by each of the
disputing parties and one owner or tenant chosen to chair the committee
by the persons nominated by the disputing parties, or

(b) any number of persons consented to, or chosen by a method that is

consented to, by all the disputing parties.

(3) The dispute resolution committee must attempt to help the disputing parties to
voluntarily end the dispute.

Division 6 – Miscellaneous

31 Common Areas
(1) The Strata Council shall administer all common areas and any rules and regulations
formulated by the Strata Council from time to time shall be binding upon all
owners, residents and visitors.

(2) The common facilities are for the use of residents and their invited guests only. A
resident must accompany guests when using these facilities.

32 Parking
(1) An owner shall use the parking space(s) which have been specifically assigned to
their strata lot (as registered in the Land Titles Office) except for private
arrangements with other owners for the use of parking spaces assigned to such other
owners, with consent from Strata Council.

(2) No oil changes, repairs or adjustments to motor vehicles or other mechanical

equipment shall be carried out on common property.

(3) Strata Lot owners are permitted to rent parking stall(s) and storage space(s). Rental
of stalls and spaces to non-residents is not permitted. The commencement and

Strata Plan BCS 2196 – Bylaws July 2023 Page 22

 completion of all parking stall and storage space rentals must be communicated to
the building manager within Seven (7) days after.

(4) No vehicle shall park in a manner which will reduce the width of the garage
roadway or another strata lot’s assigned parking space. Over-height vehicles,
equipment and objects are not permitted to enter the gated garage parking areas.
This includes over height roof racks, car antennas and other objects which do not
comply with the height restrictions posted at the garage gate entrances and may
cause damage to overhead common property.

(5) Only currently insured vehicles are permitted in the parking stalls.

(6) For unlicensed vehicles, storage insurance with third party liability is the minimum
acceptable ($1,000,000) coverage. Proof of insurance (i.e. copy of the policy) must
be displayed in the vehicle and presented on demand.

(7) Vehicles dripping oil or other fluids must be removed until repairs are made to
resolve the problem. The owner assigned to the stall is responsible for cleaning the
parking stall. Failure to comply with this requirement will result in the Strata
Council arranging for the clean-up at the owner’s expense.
(8) Motorcycles and bicycles must be parked at the closed end of the parking stall, but
may not be locked to any common property. Strata Council has authority to remove
any lock/chain locked to common property.

(9) Parking stalls shall be kept in a clean and tidy condition by the user and shall not
be used for storage or for keeping items that are not specifically permitted by the
Strata Corporation.

(10) The maximum speed limit in the parkade is 15 kph. Fines may be imposed for
excessive speed.

(11) Upon entering or exiting the parkade, vehicles pedestrians and cyclists must wait
until the gate completely closes behind them.

(12) All visitors must visibly display a valid parking pass, complete with the suite
number and date. Written notes are not acceptable. Any vehicle not displaying a
pass will be towed at the vehicle owner’s expense without notice.

(13) Visitor parking is for “Visitors Only” with the exception of parking stalls
designated from time to time by the strata corporation as electric vehicle charging
stations as set out in subsection (15) of this bylaw. Visitors may not park in the
visitor parking stall for a period of longer than 48 hours, and not more than two
overnights in a week. If a resident has a visitor staying longer than 48 hours, the
resident must contact the Building Manager to request an extension and confirm a
departure date.

Strata Plan BCS 2196 – Bylaws July 2023 Page 23

 (14) No idling of motor vehicles is permitted in the parkade, or on any other common
property or land that is a common asset.

(15) An owner, tenant, occupant or visitor must not park a vehicle in a common property
visitor parking stall with an electric vehicle charging station (an “EVCS Parking
Stall”) unless he or she is charging an electric vehicle. An owner, tenant, occupant
or visitor using an EVCS Parking Stall must:
(a) remove their electric vehicle from the EVCS Parking Stall within thirty (30)
minutes of the vehicle becoming fully charged;
(b) pay the strata corporation a user fee for the electricity consumption of the
EVCS Parking Stall, as determined by the electricity meter installed in the
EVCS Parking Stall used to measure such consumption;
(c) remove the vehicle from the EVCS Parking Stall during an emergency
power shut down or planned power outage.

(16) Any vehicle which does not comply with these bylaws may be towed by the strata
corporation at the owner’s expense.

33 Damage to Property
(1) An Owner or resident shall not cause damage to trees, plants, bushes, flowers or
lawns and shall not place chairs, tables or other objects on lawns or grounds so as
to damage them or prevent growth.

34 Security
(1) Strata Lot owners or residents are responsible for anyone they admit onto or about
the common property, inclusive of agents, servants, licensees, delivery services or
invitees.

(2) The Strata Council shall form a Security Committee to provide guidelines for the
security of individual Strata Lots, and to establish resident based voluntary crime
prevention programs such as Block Watch.

(3) Strata lot owners and residents may only use FOBS (radio keys), garage doors
openers and keys issued by the strata corporation. Keys may not be copied or
duplicated without written permission from the strata council. There is a cost to
purchase devices and keys. Tenants may purchase replacement devices; the strata
lot owner must provide written consent for their tenant to purchase additional
devices. Unless approved by strata council a limit of 4 FOBS (radio keys) and 2
garage door openers may be issued for strata lots with 2 or fewer bedrooms. A limit
of 4 FOBS (radio keys) and 3 garage door openers may be issued for strata lots with
3 or more bedrooms. Any owner who requires additional devices beyond the set
limits must submit a written request to council stating their reasons for needing the
additional FOBS/garage door openers.

(4) Strata lot owners and residents must not provide any non-resident access to the
building by use of the front door intercom unless the owner or resident is present to
greet them, including access to any courier or delivery person. Deliveries may not

Strata Plan BCS 2196 – Bylaws July 2023 Page 24

 be left on common property areas including hallways, lobbies or mailrooms. Strata
lots which contravene the intercom security bylaws may have intercom privileges
revoked for a reasonable period of time.

(5) Only owners or residents may use or possess building keys, key FOBS or wireless
remotes used to access common property, unless otherwise approved by the strata
council.

(6) An owner or resident must inform the building manager immediately (during
regular manager hours) if any key FOB or wireless remote has been lost or stolen.

(7) An owner or resident must not allow unauthorized access to the building to any
unidentified or suspicious person.

(8) Upon entering or exiting the building all residents and visitors must ensure doors
and gates close securely behind them to prevent unauthorized access. All owners
and residents must present and use their assigned access device upon entering the
building. Visitors must use the entercom.

35 Moving and Resale

(1) It will be the express responsibility of the Owner to ensure that all moves in or out
by the Owner or resident conform to the regulations as established by the Strata
Council from time to time.

(2) Except in the case of advertising and marketing of Strata Lots by the Developer,
any advertising for the resale or rental of a Strata Lot shall only be permitted within
the boundaries of the Strata Corporation on the Directory Board which shall be
located, supplied and maintained by the Strata Council.

(3) A non-refundable move-in charge of Two Hundred and Fifty Dollars ($250) will
be assessed against every strata lot whenever a move-in, tenancy or occupancy
takes place. The fee is charged to the strata lot owner when a new tenant or occupant
assumes occupancy. Payment of the fee is required prior to a move-in or occupancy.
This fee will also cover the move out.

(4) A resident must pay a refundable damage deposit of Two Hundred and Fifty Dollars
($250) prior to any move, whether in or out, and subject to section 135 of the Act,
any expenses incurred by the strata corporation to clean, repair damage to common
areas attributable to the resident and all fines levied will be deducted from the
deposit.

(5) The moving in and out of the building, including large item deliveries or
transportation of any large items such as furniture, appliances, barbeques, boxes,
mattresses, bed frames, sofas, etc., shall be scheduled with the building manager
with as much notice as possible, preferably Seven (7) days advance notice but no
less than 2 days. Elevator used for moving must be padded and placed in
independent service.

Strata Plan BCS 2196 – Bylaws July 2023 Page 25

 (6) The hours of moving in and out of the building, large item deliveries and
transportation of large items, must be scheduled between 9:00am to 5:00pm,
Monday to Friday excluding holidays.

(7) In order to ensure that the security of the building is not breached by unauthorized
persons accessing the property, the front entry doors must not be propped open or
unattended at any time during the move. Care must be taken to prevent the doors
from being opened beyond 90 degrees.

(8) The moving of furniture or large items that requires use of elevators must be
scheduled with the building manager during regular manager’s working hours. To
prevent damage, the elevator used for moving must be padded and placed in
independent service. Furniture or large items include but are not limited to: sofas,
chairs, mattresses, tables, shelves, large instruments, appliances, laundry machines,
fridges, ovens, dishwashers, barbeques.

36 Rental of Strata Lots

(1) Before renting to a prospective tenant, an owner must comply with s. 146 of the
Act by giving the prospective tenant:

(a) the current bylaws and rules of the strata corporation (copies of the current
bylaws and rules may be obtained from the strata corporation for the fees
prescribed under the Act and the Regulations); and

(b) a Notice of Tenant’s responsibilities in Form K. The Form K must be

submitted prior to the tenant(s) moving in to the building.

(2) Prior to renting a strata lot, the landlord must:

(a) give the strata corporation a copy of the Form K - Notice of Tenant's
Responsibilities signed by the tenant; and

(b) pay the strata corporation the move in fee of $250.00.

(3) Any owner of a strata lot who leases their strata lot in contravention of subsections
(1) and (2) above may be subject to a fine of $200.00 for each 7 day period that the
strata lot is leased until the prescribed documents have been provided to the tenant
and/or the strata corporation.

(4) The minimum length of time any strata lot may be rented is 12 months unless
otherwise approved by the strata corporation. Such approval shall not be
unreasonable withheld by the strata corporation.

(5) Tenants are not permitted to sublet a strata lot, parking lot or storage space
without written permission from the strata lot owner.

Strata Plan BCS 2196 – Bylaws July 2023 Page 26

37 Pest Control
(1) An owner or tenant of a strata lot who suspects that bed bugs or other pests are
present within their strata lot must immediately notify the strata corporation.

(2) Any cost associated with pest control that the strata corporation incurs on behalf of
a strata lot, including pest inspection and treatment, will be charged back to the
owner of a strata lot.

38 No Harassment
(1) Every owner, tenant or occupant of a strata lot and every employee, contractor or
agent of the strata corporation is entitled to use and enjoy the strata lots and
common property (including limited common property) free from harassment or
abuse of any kind, (whether in person, over the telephone or in writing) which
includes but is not limited to:

(a) verbal abuse or threats of any kind,

(b) physical abuse which includes but is not limited to unwelcome touching or
threats of unwelcome touching, or

(c) unwelcome remarks, jokes, slurs, or taunting about a person’s race, colour,
ancestry, place of origin, religion, marital status, family status, physical or
mental disability, sex, sexual orientation, gender or age.

(2) Upon being notified by another owner, tenant or occupant verbally or in writing (a
“Notifying Person”), no owner, tenant or occupant may deliver any emails, notices,
or any written communications of any kind to the strata lot of any Notifying Person,
except for communication that is from the strata corporation or that is authorized to
be delivered to a Notifying Person under the Act, the Strata Property Regulation
or these bylaws.

39 Small Claims Court and collection of strata property fees and special levies
(1) The strata corporation may proceed under the Small Claims Act, without further
authorization of the owners, to recover from an owner or other person by an action
in Small Claims Court money owing to the strata corporation, including money
owing as a fine.

(2) An action to recover from an owner or other person money owing to the strata
corporation, including money owing as a fine in Small Claims Court must be
authorized by a majority vote of the council.

(3) The council has full authority to settle all actions commenced in small claims court
and all actions commenced to collection outstanding strata property fees and special
levies.

40 Privacy Policy
(1) In addition to personal information that is collected, used and disclosed by consent
or as otherwise required by law, the strata corporation collects, uses, and discloses

Strata Plan BCS 2196 – Bylaws July 2023 Page 27

 personal information from owners, occupants and tenants for the purpose of
carrying out its duties and responsibilities under the Act. The personal information
collected and used includes the following:

(a) banking or credit card information to allow pre-authorized payments

(“PAP”) to pay strata fees,

(b) information regarding pets in a suite,

(c) personal information collected through the use of video surveillance

equipment,

(d) names and contact information of all persons living in a suite, and

(e) information created by a computerized access key fob system.

(2) The council shall develop and implement a privacy policy setting out the
procedures for collecting, using, verifying and disclosing personal information. An
up-to-date copy of the privacy policy shall be provided to each owner or registered
tenant upon request.

(3) Closed circuit television (CCTV) and video surveillance may be installed in the
following common areas of the strata corporation buildings:

(a) exterior entrances for pedestrian and vehicular traffic;

(b) interior entrances in common areas;

(c) amenity areas;

(d) elevators; and

(e) as needed in other interior/exterior common property areas to address

security, physical safety, illegal actions or bylaw infractions.

(4) The CCTV system operates 24 hours a day and the strata corporation collects data
from the CCTV and video surveillance. The strata corporation also collects data
with respect to the usage of each security fob programmed for use at the strata
corporation.

(5) The video and/or fob records will be used only to ensure the safety and security of
the residents and the strata property, by detecting or deterring and assisting in
investigation of criminal activity, and by the enforcement of bylaws and rules
which relate to the safety and security of residents and strata property.

(6) The video and/or fob records will be stored for a period of 45 days from the date
of recording, which period may be extended for those files required for law
enforcement and/or bylaw enforcement purposes.

Strata Plan BCS 2196 – Bylaws July 2023 Page 28

 (7) The personal information of owners, tenants, occupants or visitors collected in
accordance with this bylaw will only be reviewed or disclosed to:

(a) authorized law enforcement personnel; and/or

(b) the authorized agent of the strata corporation and strata council members.

(8) In installing and/or maintaining the systems described herein, the strata
corporation makes no representations or guarantees that any of the systems will be
fully operational at all times. The strata corporation is not responsible or liable to
any owner, tenant or occupant or visitor in any capacity (including the failure to
maintain, repair, replace, locate or monitor any of the systems, whether arising
from negligence or otherwise) for personal security or personal property in any
area monitored by any of the system.

41 Owner insurance and indemnity for damage to common property and strata lots
(1) An owner must obtain and maintain liability and property insurance on his or her
strata lot(s) sufficient to cover the cost of any insurance deductibles or uninsured
repair costs charged to the owner by the strata corporation pursuant to this bylaw.
An owner must provide proof of insurance to the strata corporation upon request.

(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 is responsible for any damage to any property described in subsection
(2) caused by occupants, tenants, or visitors to the owner's strata lot.

(4) (a) If an owner is responsible for any loss or damage to a strata lot, common property,
limited common property, or common assets, that owner must indemnify and save
harmless the strata corporation from the expense of any maintenance, repair or
replacement rendered necessary to the strata lot, common property, limited
common property or common assets but only to the extent that such expense is not
reimbursed from the proceeds received by operation of any strata insurance policy.

(b) For clarity and without limiting the meaning of the word “responsible”, an owner
is deemed to be responsible, under bylaw 41.4(a), for any of the following:

(i) the owner is responsible for any loss or damage to the common property, limited
common property, common assets or to any strata lot, and/ or personal injury or
death, as the word “responsible” has been interpreted in the courts or a tribunal in
connection with section 158(2) of the Act;

(ii) any loss or damage caused to the common property, limited common property,
common assets or to any strata lot, and/ or personal injury or death, where the cause
of such loss or damage is the result of an act, omission, negligence or carelessness

Strata Plan BCS 2196 – Bylaws July 2023 Page 29

 of the owner, and/or owner’s tenants, occupants, and visitors (including family
members, employees, agents, contractors, guests or invitees); and

(iii) any loss or damage caused to the common property, limited common property,
common assets or to any strata lot, and/or personal injury or death, where the cause
of such loss or damage originated within the owner’s strata lot or limited common
property designated for the exclusive use of such owner’s strata lot, including, but
not limited to, anything arising from any of the following:

dishwasher;
refrigerator with ice/water dispensing capabilities;
garburator;
washing machine;
toilets, sinks, bathtubs;
dedicated plumbing related pipes and fixtures, that solely service a strata lot;
fireplaces;
exhaust fans and humidifiers/dehumidifiers;
anything introduced into the strata lot by a resident or visitor;
any alterations or additions to the strata lot, the limited common property or the
common property made by the owner or by prior owner(s) of the strata lot;
any pets residing in or visiting at the owner’s strata lot;
any person residing in or visiting at the owner’s strata lot; and
barbecues or smokers.

(c) For the purposes of these bylaws, an expense not covered by the strata insurance
proceeds received by the strata corporation includes:

(i) the costs of investigating the cause of any loss or damage, where the owner is
responsible;

(ii) the costs of repairing the cause of any loss or damage, where the owner is
responsible;

(iii) legal costs, on a full indemnity basis, incurred in relation to defending any claim
against the strata corporation, and/or prosecuting any claim made against the
owner;

(iv) any insurance deductible paid or payable by the strata corporation; and

(v) the costs to repair the loss or damage, where no strata insurance policy operates or
where the Council decides not to make a claim on any strata insurance policy
because no strata insurance policy would operate or because making a claim is not
in the best interests of the strata corporation, as determined by the Council acting
reasonably. Where an insurance claim is not made because it would not be in the
best interests of the strata corporation, the owner’s liability under this bylaw
41.4(c)(v) is limited to an amount equal to the insurance deductible that would have
been paid or payable by the strata corporation had an insurance claim been made
and accepted by the insurer.

Strata Plan BCS 2196 – Bylaws July 2023 Page 30

 An expense not covered by the strata insurance proceeds received by the strata
corporation will be charged to the owner. For certainty, nothing in this bylaw 41.4
requires the strata corporation to make a claim on any strata insurance policy in
order to charge an amount to the owner in accordance with bylaws 41.4(a), 41.4(b),
and/or 41.4(c).

(d) For the purposes of these bylaws, “strata insurance” means the insurance coverage
obtained and maintained by the strata corporation pursuant to the Act and these
bylaws.
(5) For the purposes of this bylaw any insurance deductibles or uninsured repair costs
charged to an owner 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
and shall become due and payable on the date of payment of the monthly
assessment.

42 Amenity Building
(1) The hours of operation of the strata corporation’s amenity building (the “Amenity
Building”) including the gym, pool, hot tub, lounge, sauna and steam room, are
from 5:00 a.m. to 11:00 p.m. Notice of facility closures may be posted from time
to time for cleaning, maintenance or other reasons. No person may enter the
Amenity Building or use the facilities outside of the hours of operation and while
facilities are closed for cleaning, maintenance or other reasons.
(2) Any person using pool, hot tub, steam room and/or sauna must shower immediately
prior to entering using the showers located in the Amenity Building washrooms.

(3) Any person who violates the Amenity Building bylaws or rules may have access to
the facility revoked for a reasonable period of time.

Strata Plan BCS 2196 – Bylaws July 2023 Page 31