“THE HUDSON OWNERS’ STRATA PLAN LMS 3256hudsonstrata.com/hudsonbylaws/LMS 3256 Bylaws.pdf · 2018-09-14 · Compliance with bylaws and rules 1.1 All residents and visitors must

Strata Plan LMS3256 “The Hudson” Master Bylaws Page 1 of 38 Amended November 30, 2015. Registered December 7, 2015 (CA4858651). Amended November 30, 2015. Registered December 7, 2015 (CA4858651). Amended November 15, 2016. Registered December 7, 2016 (CA5699652)

“THE HUDSON” OWNERS’ STRATA PLAN LMS 3256

STRATA CORPORATION’S BYLAWS, RULES & REGULATIONS

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Attached hereto are the bylaws for Strata Plan LMS 3256. They are consolidated for convenience. For legal purposes please obtain a true copy as registered at the Land Title Office.


THE HUDSON BYLAWS TABLE OF CONTENTS

Duties of Owners, Tenants, Occupants and Visitors

1. Compliance with bylaws and rules

2. Payment of strata fees and special levies

3. Repair and maintenance of property by owners

4. Use of property

5. Pets and animals

6. Exterior/interior appearance and guidelines

7. Inform strata corporation

8. Obtain approval before altering strata lot

9. Obtain approval before altering common property

10. Renovations/Alterations

11. Permit entry to strata lot Powers and Duties of Strata Corporation

12. Repair and maintenance of property by strata corporation Council

13. Election of Council

14. Council eligibility

15. Council members’ terms

16. Removing council member


17. Replacing council member

18. Officers

19. Calling council meeting

20. Requisition of council hearing

21. Quorum of council

22. Council meetings

23. Voting at council meetings

24. Council to inform owners of minutes

25. Delegation of council’s powers and duties

26. Spending restrictions

27. Limitations of liability of council members Enforcement of Bylaws and Rules

28. Fines

29. Continuing contravention Annual and Special General Meetings

30. Person to chair meeting

31. Participation by other than eligible voters

32. Voting

33. Electronic attendance at meetings

34. Order of business

Voluntary Dispute Resolution


35. Voluntary dispute resolution Small Claims Court Proceedings

36. Authorization to proceed Moving

37. Moving in/out procedure Sale of Strata Lot

38. Sale of strata lot Insurance

39. Insurance Strata Corporation Property

40. Acquisition or disposition of person property Hazards

41. Hazards Bicycles

42. Bicycles restrictions Parking

43. Parking Security

44. Security of the building Rentals

45. Rentals Visitors and Children

46. Visitors, children and supervision Recreational Facilities

47. Recreational facilities rules Severability

48. Severability


“SCHEDULE A”

BYLAWS

STRATA PLAN LMS3256

THE HUDSON

Preamble These bylaws bind the strata corporation (The Hudson) and the owners, tenants and occupants to the same extent as if the bylaws had been signed by the strata corporation and each owner, tenant and occupant and contained covenants on the part of the strata corporation with each owner, tenant and occupant and on the part of each owner, tenant and occupant with every other owner, tenant and occupant and with the strata corporation to observe and perform their provisions. Unless otherwise stated, all terms have the meanings prescribed in the Strata Property Act, S.B.C. 1998, c.43. (the Act). For the purposes of these bylaws, "residents" means collectively, owners, tenants and occupants, and "a resident" means collectively an owner, a tenant and an occupant.

Duties of Owners, Tenants, Occupants and Visitors

1. Compliance with bylaws and rules 1.1 All residents and visitors must comply strictly with the bylaws and rules of the strata

corporation adopted from time to time. 2. Payment of strata fees and special levies 2.1 An owner must pay strata fees on or before the first day of the month to which the

strata fees relate. 2.2 Where an owner fails to pay strata fees in accordance with bylaw 2.1, outstanding

strata fees will be subject to an interest charge of 10% per annum, compounded annually, and calculated on a monthly basis commencing from the date the payment was due and continuing until the day it is paid.


2.3 An owner must provide the strata corporation or its agent with twelve (12) consecutive, monthly post-dated cheques for the fiscal year of the strata corporation, dated as of the first day of each month or, if applicable, written authorization for monthly automatic debit from the owner's bank account.

2.4 Failure by an owner to submit twelve (12) monthly, post-dated strata fee cheques or written authorization for automatic debit in accordance with bylaw 2.3 is a contravention of bylaw 2.3 and the a strata corporation will levy a fine of $50.00 for each contravention. Each dishonoured cheque or dishonoured automatic debit will be subject to a fine of $50.00 and an administration charge of $25.00.

2.5 A special levy is due and payable on the date or dates noted in the resolution

authorizing the special levy. 2.6 Failure to pay a special levy on the due date will result in a fine of $50.00 for each

contravention of bylaw 2.5. 2.7 Where an owner fails to pay a special levy in accordance with bylaw 2.5, outstanding

special levies, or unpaid portions thereof, will be subject to an interest charge of 10% per annum, compounded annually, and calculated on a monthly basis, commencing from the date the payment was due and continuing until the day it is paid.

2.8 The strata council may take legal action, as it deems appropriate, against an owner in

arrears of strata fees and/or special levies, as the case may be, exceeding $1,000.00. 3. Repair and maintenance of property by owner 3.1 An owner must repair and maintain the owner’s strata lot, including repairs to and

replacement of internal doors, and window and door hardware, except for repairs and maintenance that is the responsibility of the strata corporation under these bylaws.

3.2 An owner who has the use of limited common property, such as balconies, patios and

roof terraces that are limited for use of the strata lot to which they are attached, must clean and maintain it, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws. (See section 12).

4. Use of property 4.1 A resident or visitor must not use the strata lot, the common property, limited common

property, or common assets in a way that, in the opinion of the strata council,

(a) causes a nuisance or hazard to another person,

(b) causes unreasonable noise,

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


(d) 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, or the bylaws and rules of the strata corporation.

4.2 A resident or visitor must not cause damage, other than reasonable wear and tear, to

the common property, common assets or those parts of a strata lot which the strata corporation must repair and maintain under these bylaws or insure under section 149 of the Act.

4.3 An owner is responsible for any damage caused by occupants, tenants or visitors to the

owner's strata lot. 4.4 (a) 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 to any strata lot arising from any incident occurring or originating in the owner’s strata lot if the owner is responsible for the loss or damage that gave rise to the claim, whether such incident, loss or damage is caused by or contributed to by the owner's act, omission, negligence or carelessness or by that of an owner's visitors, occupants, guests, employees, agents, or tenants, but only to the extent that such expense is not reimbursed from the proceeds received by operation of any insurance policy. In such circumstances, and for the purposes of bylaws 4.1, 4.2 and 4.3, any insurance deductible paid or payable by the strata corporation shall be considered an expense not covered by the proceeds received by the strata corporation as insurance coverage and will be charged to the owner.

(b) 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.

4.5 A strata lot shall be used exclusively as a private dwelling home and may include a live-

in housekeeper or nurse. 4.6 Unless otherwise authorized by the strata council, the number of persons occupying a

strata lot shall be:

i) In a one bedroom suite - no more than two persons ii) In a two bedroom suite - no more than four persons iii) In a three bedroom suite - no more than six persons.

For the purposes of this bylaw 4.6, a "person" is defined to include children, but excludes visitors staying for less than 30 days with an owner, occupant or tenant of a strata lot.


4.7 An owner or occupant who alleges hardship as a result of bylaw 4.6 may appeal to the strata council for permission to be exempt from bylaw 4.6 on the basis of hardship. A hearing before council may be required, but council must not unreasonably refuse the appeal.

4.8 A strata lot shall not be used for commercial or professional purposes where clients

require access to the building, or for any purpose that may be contrary to any government or city rules or ordinances, or that is injurious to the reputation of the building or its owners, or to the security of the building.

4.9 Any owner whose strata lot is found to be in contravention of bylaw 4.8 will, within ten days of receiving written notice from the strata council, and subject to section 135 of the Act, be fined $200.00, and the fine may be imposed every seven days during the time in which the premises are being used contrary to bylaw 4.8.

4.10 Residents and visitors shall comply with all fire and safety rules. 4.11 A resident must not:

(a) use a strata lot for any purpose which involves undue traffic or noise in or about the strata lot or common property between the hours of 11:00 p.m. and 7:00 a.m. or that encourages loitering by persons in or about the strata lot or common property; (City of Coquitlam bylaws covering noise, disturbances, and public nuisances also apply to all residents and visitors.)

(b) make, cause or produce undue noise, smell, vibration or glare in or about any strata lot or common property or do anything that, in the opinion of the strata council is a nuisance or will interfere unreasonably with any other resident's right to quiet enjoyment;

(c) use any musical instrument, amplifier, sound reproduction equipment or other device within or about any strata lot, the common property or any limited common property such that it causes a disturbance or interferes with the comfort of any other resident;

(d) without prior written approval of the strata council, which approval will not be unreasonably withheld, obstruct or use the sidewalks, walkways, passages, corridors, stairwells, elevators, entrances, exits, lobby, parkade and driveways of the common property for any purpose other than ingress into or egress from the strata lots or parking areas within the common property.

(e) leave on the common property plants, shopping carts, ornaments or any other items designated from time to time by the strata council;

(f) use a barbecue, hibachi or other light cooking device on a balcony, roof terrace or patio unless such device is powered by propane, natural gas or electricity, and is used only in accordance with rules made by the strata council from time to time. Such cooking devices may only be used during the hours of 10:00 AM until 10:00 PM;


(g) allow mops, dusters, mats or carpets to be shaken from, or anything else to be thrown or dropped from, any window, door, balcony, roof terrace, passage, or any other part of a strata lot or of the common property;

(h) permit a condition to exist within a strata lot or on common property which will result in the waste or excessive consumption of the building's water supply or heated water;

(i) use common property electrical outlets with the exception of parking area outlets while vacuuming a vehicle;

(j) prop open doors to stairwells or to strata lots and must ensure that kitchen extract fans are used when cooking;

(k) smoke or allow smoking in common areas of the building;

(l) trespass on the part of the property to which another resident is entitled to exclusive use or occupation, nor allow visitors or guests to do so;

(m) leave a strata lot unoccupied for extended periods of time without arranging for inspections for water ingress and other hazards at least once a week or as frequently as is required by the individual homeowner insurance policy;

(n) install any hard surface flooring without giving written assurance in advance to the strata council that a suitable soundproofing underlay will be installed.

(o) deface, or alter common property or limited common property or remove any items, including notices posted with the approval of the strata council, from common property or from limited common property.

(p) use notice boards except as designated by the strata council, except for notices

prepared or approved by the strata council. Notices must be dated and removed after 15 days, except for those notices prepared by the strata council.

(q) use gas fireplaces as a source of room heating as they are extremely inefficient. (r) dispose of unwanted items or materials in the garbage room that are not

permitted as posted on the garbage-room door, subject to fines as provided in Bylaw 28.

4.12 Residents and visitors must not use the strata lot, the common property, limited

common property or common assets in a way that is illegal. 4.13 Commercial shopping carts (as opposed to privately owned ones) are not allowed to be

brought onto, or used, anywhere on common property, or limited common property, including the grounds and parkade. Violation of this bylaw would be subject to a fine of up to $200 under bylaw 28.1. The strata corporation will purchase the necessary number of carts for the use of residents at the Hudson.

4.14 The corridors leading to units 204, 304, and 404, being common property and subject

to the provisions of the bylaws are subject to the following special conditions:

Strata Plan LMS3256 “The Hudson” Master Bylaws Page 10 of 38 Amended November 30, 2015. Registered December 7, 2015 (CA4858651). Amended November 15, 2016. Registered December 7, 2016 (CA5699652)

The respective owners may, with written approval from council and at no expense to the strata corporation, do the following:

1. Placement of not more than six (6) plant containers; 2. Placement of not more than one (1) bench; and 3. Placement of one (1) entrance mat;

With the following terms and conditions:

1. The approval will be automatically revoked at the time of the change in ownership of any one of these units at which time all items on the common property at that time shall be removed at no cost to the strata corporation;

2. The common property corridors leading to these units will remain accessible at all

times to all residents at Strata Plan LMS-3256; 3. The approval given herein is not to be construed as giving the owners of units 204,

304 and 404 the right to exclusively use these corridors; 4. The owners of each of units 204, 304 and 404 must agree, in writing, to take

responsibility for any expenses, including cleaning and maintenance, relating to the placement of the items on the common property and to indemnify the strata corporation for any future costs, losses or damages arising in connection with the placement of these items on these corridors, failing which the approval granted herein will be deemed to be automatically revoked.

5. Following a change of ownership of units 204, 304, and 404, a new owner must

comply with this bylaw. 6. The corridor leading to unit 104 must remain unobstructed as a general fire-escape

route. 4.15 An owner, tenant or occupant must not use or allow a strata lot be used, rented,

occupied or licensed as vacation or travel accommodation, including but not limited to, as a hostel, hotel room, bed and breakfast, home stay, student housing, Airbnb or similar service.

5. Pets and animals

5.1 a) No resident shall contravene applicable City of Coquitlam bylaws (animals, noise, etc.).

b) Throughout this bylaw, every resident shall be responsible in all respects for not only their pet(s) but also for the pet(s) of their guests.

c) The terms "cat" and "dog" and "vicious dog" shall be as defined in the City of Coquitlam bylaws.


d) The term "wild or exotic animal" shall be as defined in the City of Coquitlam bylaws. e) Pets are defined as domesticated animals kept for pleasure rather than

utility. Registered assistance animals are permitted regardless of other restrictions in these bylaws. (Sept 27/05)

5.2 No resident shall keep any animals, livestock, fowl, reptiles or other pets in his her strata lot other than:

a) a reasonable number of fish or other small aquarium animals; b) a reasonable number of small caged mammals; c) up to 2 caged birds; d) 2 dogs or 2 cats, or a combination of both, but no more than 2 in total. A dog

shall not be taller than 14 inches from the ground to the top of the shoulder when fully grown. (Sept 27/05)

5.3 No resident shall keep a "vicious dog" or a "wild or exotic animal" in or around the

building. 5.4 Every resident is responsible for control of their pet(s) and is liable for all costs incurred

to correct any damage caused by their pet(s). 5.5 No resident shall permit his/her pet(s) on the common property without the animal

being leashed. 5.6 No resident shall permit his/her pet(s) to urinate or defecate on the common property

and, if such pet(s) should happen to urinate or defecate on the common property, the resident is responsible for the satisfactory and sanitary clean up of the mess and disposal of the waste.

5.7 No resident shall linger with his/her pet(s) in the building common areas, including the

mailroom. Pets are to be taken directly between the resident's strata lot and the nearest exit/entrance of the building.

5.8 A resident who keeps a animal which in the opinion of the strata council proves to be a

nuisance, whether in the strata lot or on common property, or which is an unauthorized pet, will be required, upon written notice, to immediately remove the animal permanently from the premises.

5.9 No resident shall permit his/her pet(s) to interfere with any other person, pet or object,

or permit his/her pet(s) to disturb any other resident with uncontrolled barking or howling.

5.10 The strata council may, from time to time on behalf of the strata corporation, enact

such rules with respect to the keeping of pets as the strata council, acting reasonably, deems necessary or desirable, provided that, in the event of any conflict between these bylaws and any such rule, the provisions of these bylaws will prevail.


5.11 A pet owner that is in contravention of any of the bylaws 5.1 through 5.9 will be fined $50.00 for each contravention, and the fine may be imposed every seven (7) days for a continuing violation. The pet owner will be liable for all costs including legal costs incurred by the strata corporation in remedying a pet bylaw violation.

6. Exterior/Interior Appearance and Cleanliness 6.1 A resident shall not allow his/her strata lot to become untidy, unsanitary or a source of

odour. Rubbish, dust, garbage, packing cases, or the like shall not be thrown, piled or stored on common property or on limited common property. The strata council shall be at liberty to remove the rubbish and clean up the common property or limited common property and charge the expense to the owner.

6.2 A resident must ensure that ordinary household refuse and garbage is securely wrapped

in leak-proof bags and placed in the containers provided for that purpose in the garbage room.

6.3 a) Recyclable material is to be deposited in the designated bins as explained on the

signs above the bins, which are provided on common property by approval of the strata council. Cardboard and flattened cardboard boxes are to be placed in the yellow bin designated for this purpose, not in the green garbage bins.

b) The sorting bin shed is available for any resident who wishes to sort refundable

containers. The rules for use of the sorting bin are posted on it. 6.4 A resident or visitor must not feed wild birds, rodents or other wild animals from any

strata lot, common property, limited common property or land that is a common asset, but this shall not apply to pets permitted to be kept pursuant to these bylaws and the rules made hereunder, which pets shall be fed only in a strata lot.

6.5 Balcony enclosures shall not be permitted. Balcony floors may be tiled, with written

approval from strata council, in a color that conforms to the exterior color scheme of the building. Tiles must be “outdoor quality” that will not crack in freezing temperatures and the outer edges of the balcony floor must be sealed in a proven method to prevent the ingress of water.

6.6 A resident shall not install any window blinds or coverings, visible from the exterior of

the strata lot, which are different in size, style or colour from those of the original building specifications.

6.7 No laundry, washing, clothing, bedding, window coverings or other articles shall be

hung or displayed from or on windows, balconies, railings, or any area outside the building so that they are visible from the exterior of the strata lot.

6.8 No awning, shade, window covering, canopy, air conditioning unit and no radio or

television antenna nor satellite dish shall be hung from or attached to the exterior of the building or strata lot without prior written consent from the strata council. Window


style air conditioners may be used only during the months of June through September, and each application for installation will be considered individually by the strata council. A release of responsibility waiver signed by the strata lot owner will be required and any complaint from other residents relative to noise disturbances will result in instructions to have the unit removed.

6.9 No non-glare film or foil shall be used on any window glass. Tinting of window glass in any fashion is not permitted.

6.10 No alterations either to the interior or the exterior of the building shall be made, except

as provided for in sections 8 and 9 of these bylaws. No exterior alterations to wiring, plumbing, piping, or other services shall be made, either on the strata lot or the common property. Interior alterations to wiring, plumbing, piping, or other services may be made providing they comply with all building codes and do not affect any other strata lot. City permits for any such alterations must be obtained prior to making the changes.

6.11 The exterior appearance of the building shall not be altered by painting wood, ironwork,

concrete, or other parts of the exterior of the building or the strata lot. The inside surface of concrete walls surrounding patios and roof terraces may be painted a colour to conform to the exterior colour scheme of the building.

6.12 The storage of freezers and other such household appliances on patios, balconies or

roof terraces shall be permitted subject to type, size, and color restrictions. Written approval of the strata council is required.

6.13 No signs, fences, gates, fixtures, poles, clotheslines, racks, billboards, placards,

advertising, or notices of any kind shall be erected or displayed on the common property on the strata lot or on land that is a common asset without prior approval from the strata council.

6.14 Christmas lights may be installed on balconies, patios and roof terraces after December

1st and must be removed before January 15th following. 6.15 Any indoor-outdoor carpeting on any balcony, patio or roof terrace must not be

fastened down or glued down. This is a precaution to avoid any penetration of the waterproofing membrane and to prevent damage to the membrane when glued-down carpet is removed. This also applies to any other action that might damage the membrane.

6.16 Hot tubs are not permitted on balconies or roof terraces. 6.17 Lattices and trellises, whether attached to the building or not, are not permitted, nor

are climbing vines or similar plants that may attach to the building and that may penetrate the building's waterproofing membrane.

6.18 Owners of strata lots with roof terraces may apply to have a container for gardening

tools and supplies providing that, in the opinion of the strata council, such container


blends with the colour of the building's exterior and does not detract from the building's appearance.

6.19 Balconies, patios and roof terraces may have placed on them free-standing, self-

contained planter boxes, barbecues, summer furniture and accessories, and any hanging plants or baskets or other hanging items must not present a potential hazard or nuisance to other strata lots.

6.20 The water shut-off valves located in the common areas are not to be touched without

special permission from the property manager or the caretaker. A violation will result in a fine of $200.00 in addition to the person(s) being liable for the cost of any resulting damage.

7. Inform strata corporation 7.1 An owner must notify the strata corporation of:

(a) within two weeks of becoming an owner, the owner's name and any occupants' names, strata lot number and mailing address outside the strata plan, if any; and

(b) any mortgage or other dealing in connection with the strata lot within two weeks of such mortgaging or other dealing.

7.2 A tenant must inform the strata corporation of tenant's name, the strata lot which the

tenant occupies, and the names of any occupants. 8. Obtain approval before altering a strata lot 8.1 An owner must obtain the written approval of the strata corporation before making or

authorizing an alteration to a strata lot that involves any of the following:

(a) the structure of the building;

(b) the exterior of the building, or the appearance of the exterior of the building;

(c) patios, stairs, balconies, roof terraces or other things attached to the exterior of the building;

(d) doors or windows on the exterior of the building, or that front on the common property;

(e) fences, railings or similar structures that enclose a patio or balcony;

(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; and

(h) wiring, plumbing, piping, ducting and other services.


8.2 The strata corporation must not unreasonably withhold its approval under bylaw 8.1, but requires as a condition of its 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 for any future costs in connection with the alteration.

8.3 An owner intending to apply to the strata corporation for permission to alter a strata lot must submit, in writing, detailed plans and written description of the intended alteration. The strata corporation reserves the right to request an engineering report.

8.4 An owner must obtain the written approval of the strata corporation before the

installation of any interior hard surface flooring, including, but not limited to hardwood or laminate flooring. Approval is subject to the current specifications regarding sound deadening substrates to be prepared by the strata council on an ongoing basis based on technological changes.

9. Obtain approval before altering common property 9.1 An owner must obtain the written approval of the strata corporation before making or

authorizing an alteration to common property, including limited common property or common assets.

9.2 An owner, as part of his/her application to the strata corporation for permission to alter

common property, limited common property or common assets, must:

(a) submit, in writing, detailed plans and description of the intended alteration

(b) obtain all applicable permits, licences and approvals from appropriate governmental authorities and provide copies to the strata council; and

(c) obtain the consent of the owners by written approval of the strata council under bylaw 9.1.

9.3 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. The strata corporation may require, as a condition of its approval, that the owner agree, in writing, to certain terms and conditions, including, not exhaustively, the following:

(a) that alterations be done in accordance with the design or plans approved by the

strata council or its duly authorized representatives;

(b) that the standard of work and materials be not less than that of the existing structures;

(c) that all work and materials necessary for the alteration be at the sole expense of the owner;

(d) that the owner from time to time of the strata lot receiving the benefit of an alteration to common property, limited common property or common assets must, for so long as he/she remains an owner, be responsible for all present and future maintenance, repairs and replacements, increases in insurance, and any


damage suffered or cost incurred by the strata corporation as a result, directly or indirectly, of the alterations;

(e) that the owner and any subsequent owner on title who receives the benefit of such alteration must, with respect only to claims or demands arising during the time that they shall have been owner, indemnify and hold harmless the strata corporation, its council members, employees and agents from any and all claims and demands whatsoever arising out of or in any manner attributable to the alteration. Any costs or expenses incurred by the strata corporation as the result of such claim or demand will be the responsibility of the owner from time to time of the strata lot who has benefited from the alteration and the said costs or expenses incurred must be charged to that owner and shall be added to and become part of the strata fees of that owner for the month next following the date upon which the cost or expenses are incurred, but not necessarily paid by the strata corporation, and shall become due and payable on the due date of payment of monthly strata fees.

9.4 An owner who has altered common property, limited common property or common

assets prior to the passage of these bylaws shall be subject to their content and intent to the extent that any damages suffered or costs incurred by the strata corporation as a result, directly or indirectly, of the alteration, must be borne by the owner who has benefited from the alteration.

9.5 An owner who, subsequent to the passage of bylaw 9.1 to 9.3 inclusive, alters common

property or limited common property without adhering strictly to these bylaws, must restore, at the owner's sole expense, the common property, limited common property or common assets, as the case may be, to its condition prior to the alteration. If the owner refuses or neglects to restore the alteration to its original condition, the strata corporation may conduct the restoration at the expense of the owner who altered the common property or limited common property. 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.

9.6 An owner undertaking such alteration(s) will be required to provide, upon request from

the strata corporation, evidence of appropriate insurance coverage relating to the alteration(s).

9.7 Without limiting the foregoing bylaws, an owner intending to install a permanent air

condition unit (“AC Unit”) must first arrange for an in-suite review of the proposed installation by two (2) members of the strata council and the site manager. And obtain the written approval of the strata corporation, prior to committing to any contract with a manufacturer or installation contractor. The strata council will not be held responsible for any deposits or funds lost as a result of an owner entering into a contract or agreement before written approval of the installation is granted. The strata corporation may require the following as conditions of its approval:


(a) a complete summary of the proposed AC Unit installation; (b) the location of any potential or planned drilling through the building’s brick

or stucco walls, ceilings or floors for any AC Unit which requires an external heat exchanger or heat pump to be connected to its interior components via drilling;

(c) the AC Unit’s external exchanger or heat pump must not be suspended

from the exterior of the building, hung or set upon a balcony railing or be visible in a manner which clutters the appearance of the building (a lower profile component set back and within a balcony area would be optimal);

(d) the AC Unit must be installed such that condensation is drained into an

interior drain, as designed by a licensed plumber approved by the strata corporation, or drained to a ‘roof drain’ on a roof balcony where possible. Condensation may also be discharged into a container with an electric element located on the balcony that will dissipate moisture. Condensation must not be allowed to drain into the “scupper” drainage hole located within the concrete balconies;

(e) any electrical work necessary to install the AC Unit, must be performed by

a licensed electrician approved by the strata corporation, and the owner must obtain an electrical permit from the City of Coquitlam where applicable;

(f) any external component of the AC Unit must not generate sound levels

exceeding 50 decibels, and must be serviced and maintained annually to ensure no future operational noises develop;

(g) access to inspect the AC Unit must be provided to the site manager on an

annual basis; (h) the owner must enter into and execute an assumption of liability

agreement if so required by the strata corporation. 10. Renovations/alterations 10.1 An owner must give two working days' prior notice to the building manager or caretaker

of the scheduled arrival of tradespersons or delivery of materials. Tradespersons must be licensed and bonded. Inadequate notice or work by unlicensed or unbonded tradespersons will result in the levy of fines.

10.2 A resident must not permit any construction debris, materials or packaging to be

deposited in the strata corporation's disposal containers.


10.3 An owner must ensure that the delivery of any construction materials is, wherever possible, through the visitor parking entrance and, if not possible, then through the front entrance. If an elevator is needed, the owner must ensure that the elevator is protected with proper wall pads, and that the floor coverings and corridors are properly protected.

10.4 A resident is responsible to ensure:

(a) drop cloths are installed and removed daily between the elevator and the strata lot as well as between other doors to protect common areas from any tracking, spillage or dripping; and

(b) stairs, lobbies and paths in the areas through which construction materials are brought in and debris removed are regularly cleaned (and vacuumed at the request of the council) and the residential corridor vacuumed daily.

10.5 An owner must ensure that the hours of work are restricted to 8:00 a.m. to 5:00 p.m.,

Monday through Friday, and 10:00 a.m. to 5:00 p.m. Saturdays, Sundays and statutory holidays. To perform renovations/alterations on statutory holidays, an owner must apply for permission in writing to the council at least five business days before the holiday date.

10.6 For any moving in of construction materials or removal of construction debris, the strata

corporation reserves the right to request a refundable damage deposit not exceeding $200.00.

10.7 When moving materials or debris through the front entrance, the owner shall arrange to

monitor the entrance to ensure unauthorized persons do not enter. 10.8 An owner performing or contracting with others to perform renovations or alterations

will be responsible, financially and otherwise, for ensuring that any and all required permits and licences are obtained.

10.9 An owner in contravention any of bylaws 10.1 to 10.8 shall be subject to a fine of up to

$200.00 for each contravention, as well as be responsible for any clean up or repair costs.

11. Permit entry to strata lot 11.1 A resident or visitor must allow a person authorized by the strata corporation to enter

the strata lot or limited common property (a) in an emergency, without notice, to ensure safety or prevent significant

loss or damage;

(b) at a reasonable time, on 48 hours' notice


(i) to inspect, repair, renew, replace or maintain common property, common assets and any portions of the strata lot that are the responsibility of the strata corporation to repair, replace, renew and maintain under these bylaws or the Act, or to insure under section 149 of the Act; or

(ii) to ensure a resident's compliance with the Act, bylaws and rules.

(c) without limiting the generality of bylaw 11.1 (b()(i), an owner, tenant or occupant must allow a person authorized by the strata corporation to enter the strata lot at a reasonable time, and upon at least 48 hours’ notice, to conduct an inspection and cleaning of the gas fireplaces in a strata lot.

11.2 If forced entry to a strata lot is required due to required emergency access and the

inability to contact the owner of the strata lot, the owner shall be responsible for all costs of forced entry by the strata corporation.

11.3 The notice referred to in bylaw 11.1(b) must include the date and approximate time of

entry, and the reason for entry.

Powers and Duties of Strata Corporation 12. Repair and maintenance of property by strata corporation 12.1 The strata corporation must repair and maintain all of the following:

(a) common assets of the strata corporation;

(b) common property, that has not been designated as limited common property;

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

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

(ii) the following no matter how often the repair or maintenance occurs:

A. the structure of the building;

B. the exterior of the building;

C. patios, stairs, balconies, roof terraces, and other things attached to the exterior of the building;

D. fences, railings and similar structures that enclose patios, balconies, and roof terraces; and

E. drainage systems of patios and roof terraces.

(d) a strata lot, but the duty to repair and maintain it is restricted to:

(i) the structure of the building;

(ii) the exterior of the building;


(iii) patios, stairs, balconies, roof terraces and other things attached to the exterior of the building; and

(iv) fences, railings and similar structures that enclose patios, balconies, and roof terraces.

(v) cleaning the gas fireplaces in a strata lot every second year. Any required

repairs would be owner responsibility as the strata corporation is not assuming responsibility for the fireplaces, only cleaning.

12.2 The strata corporation will not accept responsibility for any damage to personal items

left on common property, or on limited common property, that may be damaged during any maintenance and repairs to the building.

Council

13. Election of council 13.1 At each annual general meeting of the strata corporation, all members of the council

shall retire from office and the strata corporation shall elect a new council consisting of no more than seven (7) members.

13.2 In order to facilitate continuity of strata corporation business and the stability of the

strata council, at least three (3) retiring council members will be asked to allow their names to stand for re-election.

14. Council eligibility 14.1 The only persons who may be council members are the following:

(a) owners;

(b) individuals representing corporate owners;

(c) tenants who, under section 147 or 148 of the Act, have been assigned a landlord's right to stand for council.

(d) a spouse, including a common law spouse, of an owner.

(Note: 14.1 (a), (b), and (c) are required under section 28 of the Act and are included here for information purposes.)

14.2 No person may stand for council or continue to be on council with respect to a strata lot

if the strata corporation is entitled to register a lien against that strata lot under section 116(1) of the Act.

15. Council members' terms 15.1 The term of office of a council member ends at the end of the annual general meeting

at which a new council is elected.


16. Removing council member 16.1 The strata corporation may, by a resolution passed by a two-thirds (2/3) vote at an

annual or special general meeting, remove one or more council members. The strata corporation must pass a separate resolution for each council member to be removed.

16.2 After removing a council member, the strata corporation may hold an election at the

same annual or special general meeting to replace the council member for the remainder of the term, or the remaining members of the council may appoint a replacement council member for the remainder of the term.

16.3 If the strata corporation removes all of the council members, the strata corporation

must hold an election at the same annual or special general meeting to replace all of the council members for the remainder of the term.

16.4 The council may appoint the remaining council members necessary to achieve a

quorum, even if the absence of the members being replaced leaves the council without a quorum.

16.5 A replacement council member appointed pursuant to bylaws 16.2 and 16.4 may be

appointed from any person eligible to sit in the council. 17. Replacing council member 17.1 If a council member resigns or is unwilling or unable to act, or misses three (3)

consecutive council meetings, he/she shall be deemed to have resigned from council, and the remaining members of the council may appoint a replacement council member for the remainder of the term.

17.2 A replacement council member may be appointed by council from any person eligible to

sit on the council. 17.3 The council may appoint a council member under bylaw 17.2 even if the absence of the

member being replaced leaves the council without a quorum. 17.4 If all the members of the council resign or are unwilling or unable to act, persons

holding 20% 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.

18. Officers 18.1 The council president shall be elected by the council members at the first meeting of

the new council from among members who have completed at least one year of council service whenever possible.


18.2 The council shall also elect from its remaining members a vice-president and a finance

chairperson. 18.3 The council shall appoint two Hudson owners to the Westwood Place Recreation Centre

committee, at least one of whom must be a council member. Owners interested in serving on this committee should contact the president or any council member.

18.4 A person may hold more than one office at a time, other than the offices of president

and vice-president. 18.5 The vice-president has the powers and duties of the president

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

(b) if the president is removed, or

(c) for the remainder of the president's term if the president ceases to hold office. 18.6 The strata council may vote to remove an officer. 18.7 If an officer other than the president is removed, resigns, is unwilling or unable to act,

the council members may elect a replacement officer from among themselves for the remainder of the term.

19. Calling council meetings 19.1 Any council member may call a council meeting by giving the other members at least

one week's notice of the meeting, specifying the reason for calling the meeting. 19.2 The notice in bylaw 19.1 must be in writing. 19.3 A council meeting may be held on less than one week's notice in writing if

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

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

(i) consent in advance of the meeting, or

(ii) are unavailable to provide consent after reasonable attempts to contact them.

20. Requisition of council hearing 20.1 By application in writing, a resident may request a hearing at a council meeting stating

the reasons for the request.


20.2 Except for a hearing pursuant to section 144 of the Act (re: rental restriction bylaws), if a hearing is requested under bylaw 20.1, the council must hold a meeting to hear the applicant within 4 weeks of the date of receipt by the council of the application.

20.3 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 date of the hearing. 21. Quorum of council 21.1 A quorum of the council is four (4). 21.2 Council members must be present in person at the council meeting to be counted in

establishing quorum. 22. Council meetings 22.1 The council may meet for the conduct of business, adjourn and otherwise regulate its

meetings as it thinks fit. 22.2 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. 22.3 If a council meeting is held by electronic means, council members are deemed to be

present in person. 22.4 No person other than a member of the council shall be entitled to attend a meeting of

the council unless a person has requested in writing to the strata council, through the strata corporation’s property manager, a hearing before council, and the request is received not less than ten (10) days prior to the meeting of the council, or the person has been requested by council to attend.

22.5 All correspondence addressed to council must be forwarded to the management

company at least 1 week prior to the scheduled council meeting, Any correspondence received after that date, unless of an emergency nature will be held for the subsequent meeting.

23. Voting at council meetings 23.1 At council meetings, decisions must be made by a majority of council members present

in person at the meeting, or by electronic means as provided in bylaw 22.2. 23.2 If there is a tie vote at a council meeting, the president may break the tie by casting a

second, deciding vote.


23.3 The results of all motions voted on at a council meeting must be recorded in the council minutes. The strata council, in its discretion, may list the number of votes for and against a motion or the names of each council member and how they voted.

24. Council to inform owners of minutes 24.1 With the exception of in-camera minutes (which may involve properties or persons), the

council must circulate to owners the minutes of all council meetings within six week of the meeting, whether or not the minutes have been approved.

25. Delegation of council's powers and duties 25.1 Subject to bylaws 25.2, 25.3 and 25.4, the council may delegate some or all of its

powers and duties to one or more council members or to persons who are not members of the council, and may revoke the delegation.

25.2 The council may delegate its spending powers or duties, but only by a resolution that

(a) delegates the authority to make an expenditure of a specific amount for a specific purpose, or

(b) delegates the general authority to make expenditures, in accordance with bylaw 25.3.

25.3 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.

25.4 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,

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

(d) whether an owner should be granted an exemption from a rental restriction bylaw under section 144 of the Act.

26. Spending restrictions 26.1 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. 26.2 Despite bylaw 26.1, a quorum of council members 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.

26.3 Subject to bylaw 26.5 below, if a proposed expenditure has not been approved in the

budget at an annual or special general meeting, the strata corporation may only make such expenditure out of the operating fund if the expenditure, together with all other unapproved expenditures, whether of the same type or not, that were made pursuant to this bylaw in the same fiscal year, is less than $10,000.00.

26.4 If the strata corporation makes an expenditure under bylaw 26.3, the strata corporation

must inform owners as soon as feasible about any expenditure of more than $2,000.00 on any single item.

26.5 Notwithstanding bylaw 26.3, the strata corporation can make an expenditure out of

either the operating fund or the contingency reserve fund if there are reasonable grounds to believe that an immediate expenditure is necessary to ensure safety or to prevent significant loss or damage, whether physical, financial or otherwise.

27. Limitation on liability of council member 27.1 A council member who acts honestly and in good faith in the performance of his/her

council duties is not personally liable because of anything done or omitted in the exercise of any power or the performance or intended performance of any duty of the council.

27.2 Bylaw 27.1 does not affect a council member's liability, as an owner, for a judgement

against the strata corporation. 27.3 All acts done in good faith by the council are, even if it is afterwards discovered that

there was some defect in the appointment or continuance in office of a member of council, as valid as if the council member had been duly appointed or had duly continued in office.

27.4 Sections 27.1, 27.2 and 27.3 apply to person(s) serving on a committee duly authorized

by the strata council.

Enforcement of Bylaws and Rules 28. Fines 28.1 Except where specifically stated to be otherwise in these bylaws, the strata corporation

may fine a resident: (subject to the provisions of section 135 of the Act which sets out the procedure to be followed in levying fines)

(a) up to $200.00 for each contravention of a bylaw, and

(b) up to $50.00 for each contravention of a rule.


28.2 The council must, if it determines in its discretion that a resident is in contravention of

any bylaws or rules of the strata corporation, levy fines and the fines so levied shall be immediately added to the strata fees for the strata lot and shall be due and payable together with the strata fees for the strata lot in the next month following such contravention.

29. Continuing contravention 29.1 Except where specifically stated to be otherwise in these bylaws, if an activity or lack of

activity that constitutes a contravention of a bylaw or rule continues, without interruption, for longer than seven (7) days, a fine may be imposed every seven (7) days.

Annual and Special General Meetings

30. Person to chair meeting 30.1 Annual and special general meetings must be chaired by the president of the council. 30.2 If the president of the council is unwilling or unable to act, the meeting must be chaired

by the vice-president of the council. 30.3 If neither the president nor the vice-president of the council chairs the meeting, a chair

must be elected by the eligible voters present in person or by proxy from either those persons eligible to vote who are present at the meeting, or the property manager.

30.4 If within 1/2 hour from the time appointed for an annual or special general meeting a

quorum is not present, the meeting stands adjourned for a further 1/2 hour on the same day and at the same place. If within a further 1/2 hour from the time of the adjournment a quorum is not present, the eligible voters present, in person or by proxy, constitute a quorum.

This bylaw 30.4 is an alternative to section 48(3) of the Act. This bylaw does not apply to a meeting demanded pursuant to section 43 of the Act (special general meeting called by voters), and failure to obtain a quorum for a meeting demanded pursuant to section 43 terminates, and does not adjourn, that meeting.

31. Participation by other than eligible voters 31.1 Only persons who would qualify for council eligibility under bylaw 14.1 may attend

annual and special general meetings. 31.2 Council may agree from time to time to have expert speaker(s) attend to address a

general meeting on specific matters.


32. Voting 32.1 Except on matters requiring a unanimous vote, the vote for a strata lot may not be

exercised if the strata corporation is entitled to register a lien against that strata lot under section 116(1) of the Act.

32.2 At an annual or special general meeting, each strata lot is entitled to one vote and

voting cards must be issued to eligible voters. 32.3 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. 32.4 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. 32.5 The outcome of each vote, including the number of votes for and against the resolution

if a precise count is requested, as well as the number of abstentions, must be announced by the chair and recorded in the minutes of the meeting.

32.6 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.

32.7 The outcome of a resolution will be based on the total number of votes cast by eligible

voters present in person or by proxy at the time the vote is called, after accounting for abstentions.

32.8 Despite anything in bylaws 32.1 to 32.9, an election of council or a vote for the removal

of a council member must be held by secret ballot. 33. Electronic attendance at meetings 33.1 A person who is eligible to vote may attend an annual or special general meeting by

electronic means so long as the person and the other participants can communicate with each other.

33.2 If an annual or special general meeting is held by electronic means with a person, the

person is deemed to be present in person for the purposes of the meeting. 34. Order of business 34.1 The order of business at annual or special general meetings is as follows:

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

(b) determine that there is a quorum; (1/3 of eligible voters present in person or by proxy)


(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, or amend it by majority vote;

(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 (i.e.:- matters described in the notice of meeting);

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

(n) terminate the meeting.

Voluntary Dispute Resolution 35. Voluntary dispute resolution 35.1 A dispute among owners, tenants, the strata corporation or any combination of them

may be referred to a dispute resolution committee by a party to the dispute if

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

(b) the dispute involves the Act, the regulations, the bylaws or the rules. 35.2 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.

35.3 The dispute resolution committee must attempt to help the disputing parties to

voluntarily end the dispute.

Small Claims Court Proceedings


36. Authorization to proceed 36.1 The strata corporation may proceed under the Small Claims Act, without further

authorization by the owners, to recover from an owner or other person, by an action in debt in Small Claims Court, money owing to the strata corporation, including money owing as administration fees, bank charges, fines, penalties, interest or the costs, including legal costs, of remedying a contravention of the bylaws or rules and to recover money which the strata corporation is required to expend as a result of the owner's or other person's act, omission, negligence or carelessness, or by that of the owner's or other person's visitors, occupants, guests, employees, agents, tenants or a member of the owner's or other person's family.

Moving

37. Moving in/out procedure 37.1 An owner must conform, and ensure that any tenants conform, to these move in and

move out bylaws as well as any relevant rules established by council from time to time. 37.2 A resident or resident-to-be must provide notice to the strata corporation, through the

building management company (BMC), of all moving arrangements at least seven (7) days before the moving date. Upon receipt of the deposit specified in bylaw 37.6, the BMC will assign a specific day for that move, and the move-in or move-out must be completed in that designated day. Only one move-in or move-out per day will be allowed. The BMC will notify the building caretaker promptly. All moves must take place between 9:00 a.m. and 6:00 p.m., Monday through Friday, and 10:00 a.m. to 5:00 p.m. on Saturdays. No moves will be permitted on Sundays and Statutory holidays. Failure to follow this bylaw may result in denial of access to the building, and may be subject to a fine as prescribed in bylaw 37.9.

37.3 A resident or resident-to-be, requiring the use of the elevator must make arrangements

with the building caretaker for the elevator to be locked off. The elevator door must not be jammed open in any way, and the protective padding must be in place in the elevator.

37.4 To ensure that the lobby doors, or any other outside doors, during a move in/move out

are not left open or unattended, the resident or resident-to-be must hire a qualified security guard to monitor the door(s) to ensure that unauthorized persons do not gain entrance to the building. Alternately, the resident or resident-to-be can arrange with the Site Manager for a responsible person to monitor the entrance(s) at a cost of $15.00 per hour, payable upon completion of the move. This charge is in addition to any other charges required by these bylaws.

37.5 A resident or resident-to-be must ensure that furniture and packing cases are not left

piled in the lobby or corridors nor leaned against the walls, and that all common areas are left damage free and clean, and all hallways and lobby areas are vacuumed immediately upon completion of the move.


37.6 Every move-in and every move-out shall result in a $200 non-refundable fee.

37.7 When large or heavy furniture or appliances are to be moved into or out of the building, the resident must provide 24 hours notice to the caretaker (site manager) so that floor mats and/or elevator pads may be put in place. Only rubber-tired dollies and hand trucks may be used. Such moves are permitted only between 9 am and 5 pm, Mondays through Saturdays. No moving fee is required, but all other provisions of Bylaw 37 will apply.

37.8 A copy of bylaws 37.1 through 37.10 shall be provided by BMC to all real estate agents, residents or residents-to-be involved in a potential move.

37.9 A resident contravening any of the bylaws 37.1 to 37.9 shall, subject to section 135 of

the Act, be fined $200.00.

Sale of a Strata Lot 38. Sale of a strata lot 38.1 Real estate signs must not be displayed in a strata lot or on the common property

except in the location designated by the strata corporation for real estate signs. 38.2 An owner of a strata lot, when selling a strata lot, will not hold, or permit to be held,

any showing or any public open house except between the hours of 9:00 a.m. and 8:00 p.m. One open house for agents will be allowed per listing.

38.3 Persons wishing to view a strata lot for sale during a public open house must be met at

the front door of the building, escorted to the strata lot that is for sale, and escorted out of the building when they leave.

Insurance

39. Insurance by strata corporation 39.1 The strata corporation must obtain and maintain insurance as required by Part 9 of the

Act and as defined in Part 9 of the regulations to the Act, against major perils including, without limitation, earthquakes.

Strata Corporation Property

40. Acquisition or disposition of personal property


40.1 The strata corporation may purchase, lease or otherwise acquire personal property for the use and benefit of the owners and may sell or otherwise dispose of such personal property for any amount approved in the annual budget for the strata corporation, but otherwise only if approved by a resolution passed be a 3/4 vote at an annual or special general meeting if the property has a market value of more than $5,000.00.

40.2 The strata corporation may, at the discretion of the strata council, rent out on a lease,

or month to month basis, or otherwise utilize the six strata owned parking spaces specifically numbers 217, 218, 219, 230, 234 and 235, at rates to be determined from time to time by council.

40.3 The Strata Corporation may, at the discretion of the strata council, rent out on a lease

or month-to-month basis, the strata-owned suite, #207, including the use of parking space #90 and locker number G-118.

Hazards

41. Hazards 41.1 Nothing shall be brought into or stored on a strata lot, in a storage locker or on the

common property which will in any way, in the opinion of the strata council, constitute a hazard to people or property, increase or tend to increase the risk of fire or the rate of fire insurance or any other insurance coverage held by the strata corporation, or which will invalidate any part of any insurance policy held by the strata corporation.

41.2 No material substances, especially, but not limited to, burning material such as

cigarettes or matches shall be thrown out or permitted to fall from any window, door, balcony, roof terrace or other part of a strata lot or common property. This includes wash water, plant watering, and snow off balconies and roof terraces.

41.3 Water-beds are not permitted above the first floor, except where the resident files with

the council acceptable evidence of adequate insurance coverage. It will be the resident's responsibility to remedy any and all damages resulting from leakage from such a bed.

41.4 Natural or "live" Christmas trees shall not be permitted. Artificial Christmas trees are

permitted. 41.5 Any food or drinks stored in the locker storage rooms must be contained in sealed,

vermin-proof containers. Processing of food or drinks in locker rooms is prohibited. Council, upon 48 hours notice, may require a resident to open his/her locker for inspection to ensure compliance with this bylaw.


Bicycles

42. Bicycle restrictions 42.1 Bicycles or tricycles will not be allowed into the building or on common property with

the exception of the parking-level area by access through the parkade or visitors' parking entrance in order to access the elevator and to gain access to a strata lot or storage locker. Under no circumstances are bicycles to be taken through the carpeted entrance lobby at the ground floor level.

42.2 The strata corporation cannot accept any responsibility for loss or damage to bicycles

left on the common areas including the bicycle racks in the visitors' parking area, in the secured parkade, or in the individual storage lockers.

Parking

43. Parking 43.1 Parking of vehicles on the Hudson premises, other than those owned or leased by a

resident or their guests, is prohibited. All Hudson resident vehicles must prominently display the LMS3256 parking decal. Other vehicles are subject to being towed away at the vehicle owner's expense.

43.2 Only vehicles with a current licence and/or liability insurance in force shall be allowed in

the parking areas. Others are subject to being towed away at the vehicle owner's expense.

43.3 Unlicensed vehicles in the secured parkade shall not be permitted unless displaying

proof of current storage insurance. A copy of the proof of current liability insurance is to be forwarded to the building management company at the commencement of the storage period.

43.4 Unlicensed vehicles are not permitted to park in the visitors' parking and will be towed

away at the vehicle owner's expense. 43.5 Residents and residents' guests shall park their vehicle(s) only in places assigned or

rented to them. 43.6 Visitors' vehicles dripping oil or other liquids are to be advised by note on the vehicle

and to the resident being visited that parking privilege is revoked until such leak is repaired. This could also result in the vehicle being immediately removed at the vehicle owner's expense. The cost of cleaning up the spill may be assessed on the resident.

43.7 No one shall park, or leave unattended, or cause to be parked or left unattended, any

vehicle in such a position that it interferes or infringes upon other parking spaces, roadways, driveways, ramps, access lanes or no-parking zones.


43.8 The marked areas of the circle driveway are designated as pick-up and drop-off zones, as well as for disabled access and ‘Fire Lane’ directly in front of the building entrance for emergency vehicles. No parking is permitted in the circle driveway for any period of time. Violators are subject to being towed away at the vehicle owner’s expense. The underground VISITORS’ PARKING is to be used instead, during daytime hours, for under-height vehicles, including service vehicles. Parking in the circle driveway for over-height or other essential vehicles will only be permitted at the discretion and direction of the Site Manager.

43.9 A resident must wash a vehicle in the location designated for vehicle washing only.

Once washing is completed, the resident must hose down and remove all dirt, refuse and excess water from the washing area. While washing vehicles, a resident must keep audio volume low. Vehicles must not be left unattended in the wash area.

43.10 No smoking is allowed in the parking areas, including inside a vehicle. 43.11 A resident or visitor must not use any parking area as a work area for carpentry,

renovations, repairs (including, but not exhaustively, sawing, drilling and the use of any adhesive or hardening compounds), or work on any vehicles involving any automotive fluids or paints, motor tune-ups or mechanical repairs. Excessive engine running is prohibited.

43.12 Assigned parking stalls shall not be used for storage other than a motor vehicle or

bicycles. 43.13 A resident must not park or store any vehicle that drips oil, gasoline or other fluids. A

resident must remove any dripped oil, gasoline or other automotive residue. 43.14 A resident is responsible to keep his/her assigned parking stall clean. 43.15 All garage areas are common property and shall not be altered or defaced in any

manner. 43.16 If an unauthorized vehicle is parked in an assigned resident's stall, the caretaker,

building manager or a member of the strata council may have the vehicle removed. 43.17 The strata corporation shall, through the caretaker, building manager or a member of

the strata council, have removed, at the vehicle owner's expense, an unauthorized or improperly identified vehicle from the visitor parking areas or other common areas not assigned to residents.

43.18 An owner must not sell, lease or loan a parking stall to any person other than a resident

of the building, nor permit a parking stall to be regularly used by anyone that is not a resident of the building.


43.19 Where it becomes necessary under any of these bylaws to have a vehicle towed away, the costs will be borne entirely by the owner of the vehicle or the person responsible for that vehicle.

43.20 While in the parkade or on the roadways of the Hudson all vehicles are to be driven in a

safe and cautious manner, vehicle speed is not to exceed 10 km hour. Use of vehicle horns are only permitted in order to prevent a collision. Vehicles must keep to the right at all times.

43.21 When entering or leaving the parkade, residents must wait for the security gate to close completely to prevent access by unauthorized persons.

43.22 No parking is permitted beside the yellow curb (fire and emergency zone) by the front of the building. The two loading zones may be used as a drop off and pick up area.

43.23 Visitors parking:

a) Residents are responsible for the conduct of their visitors, including compliance

with the strata corporation’s bylaws.

b) Visitor parking permits for periods in excess of 24 hours (up to 14 days) may be obtained from the caretaker or a member of the strata council. The permit must be placed on the dash of the vehicle in a visible position.

c) Trade or commercial vehicles are permitted to park in visitors parking during the

day providing the vehicle is identified, and a note is left on the dash of the trade vehicle providing the unit number of the suite the trade worker is in while the vehicle is in the visitors parking.

e) Hudson resident vehicles are permitted to park their vehicles in visitor parking for

a maximum of 3 hours providing the vehicle is identified with a Hudson LMS3256 Parking Decal on it.

f) During the times the security gate to visitors parking is closed residents are not

permitted to use the visitor parking. 43.24 Subject to the provisions of section 135 of the Act, a violation of any these bylaws in

section 43 will result in a fine of $100.00 for each offence, and such fine may be imposed every seven (7) days for a continuing violation


Security

44. Security of the building 44.1 No one shall leave open or unlocked, or block open, any outside entrance/exit door

unless they are in constant supervision of that entrance/exit. 44.2 No one shall let another person, particularly persons claiming to be tradesmen or

delivery men, into the building unless that person is known to them. This applies whether the person is calling from the entry call-up on the telephone or in person at an entrance/exit.

44.3 No one shall be permitted in the common areas of the building which are restricted

such as the roof, boiler room, electrical rooms, mechanical rooms and locker rooms other than their own, except as allowed by strata council members or their delegates, the resident caretaker and/or the property manager.

44.4 Residents shall report any suspicious activity within the building, including the parking

areas and the common areas around the building, to the caretaker or property manager, or directly to the police if it seems appropriate.

44.5 Exit doors to the outside from stairwells and from the parkade are not to be used

except in emergencies. These doors are all equipped with alarms and anyone using them without written permission from council, or setting off the alarms, will be subject to fines as set out in bylaws 28 and 29.

44.6 The south-east ground level exit of the building is an emergency exit only and shall not

be used as an entrance or exit for other purposes, except by the occupants of unit #104.

44.7 The remote entry devices provided to residents for opening of the security gate and

various doors are individually coded and listed in the building computer system. In the event of the loss of a remote, the caretaker or property manager is to be advised immediately in order that it may be deactivated. If it is subsequently found, it can be reactivated. Replacement or additional remote devices are available at a cost established by the strata council.

44.8 A resident shall not give any keys, combinations, remote entry devices or other means

of access to the building, the parking garage or common areas to any person other than an employee, contractor, occupant or guest of the strata lot resident. For security reasons, remote entry devices are not to be left in unattended vehicles.

44.9 Additional remote entry devices may be purchased from the caretaker. The maximum

number of remote control devices permitted per strata lot is one device per person in the strata lot plus 1. Only 2 devices are permitted to be coded for entry to the Westwood Place Recreation Center.


44.10 New owners acquiring remote devices from the vendor must reregister remotes with the caretaker. Registration will be limited to the number of persons living in the suite plus 1.

44.11 (a) The surveillance cameras placed throughout the building are not to be tampered

with or blocked off by any means that interferes with their function. (b) The purpose of the cameras is to produce visual records of possible security

breaches, bylaw violations, or illegal activities.

(c) The images produced are stored electronically in the Hudson office. (d) The stored images may be viewed by the caretaker, the strata agent, council

members, or police or fire officers. (e) Live images are available to residents on their home televisions for purposes of

identifying persons calling on the intercom seeking entry to the building. Any recording of these images by residents may, in certain cases, constitute invasion of privacy and/or a violation of the Personal Information and Privacy Act, and is not permitted.

Rentals

45. Rentals 45.1 Subject to Bylaw 45.2, no strata lot may be leased or rented, except for Strata Lot 207

owned by the strata corporation. 45.2 An owner who is renting a strata lot at the time this bylaw is passed is exempt from

Bylaw 45.2, until such owner moves into the strata lot or the strata lot is conveyed by the owner, so long as the strata lot is continuously rented, and provided that:

(a) written permission to rent that strata lot has previously been duly obtained under

the bylaws of the strata corporation; (b) the previous tenant was not exempt from rental restriction bylaws by virtue of

section 142, 143 or 144 of the Act; and (c) the strata lot has been continuously rented to tenants other than those exempt

under section 142, 134, or 144 of the Act since written permission of the strata corporation to rent the strata lot was obtained.

For the purpose of this subsection, “continuously rented” means another tenancy agreement must be entered into and the unit occupied by a new tenant within 90 days of the termination of the previous tenancy.


45.3 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 Strata Property Act and the Regulations); and

(b) a Notice of Tenant's responsibilities in Form K.

45.4 Within two weeks of 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 moving fee set out in Bylaw 37.

45.5 An owner who leases a strata lot in contravention of Bylaw 45.1 may be subject to a

fine not to exceed $500 for each 7 day period that the strata lot is rented in contravention of this bylaw.

45.6 The strata corporation shall take all necessary steps to terminate a lease or tenancy

that contravenes this bylaw including, but not limited to, seeking a declaration or court injunction to enforce the bylaw. Any legal costs or expenses incurred by the strata corporation in enforcing any part of the rental restriction bylaws shall be the responsibility of the contravening owner and shall be recoverable from the owner on a solicitor and own client basis by the strata corporation.

45.7 The moving fee described in Bylaw 37 applies any time there is a change of tenants for

a strata lot, including furnished strata lots. 45.8 An owner or tenant must not enter into or approve a sub-lease or assign of the

tenancy.

Visitors and Children 46. Visitors, children and supervision 46.1 Residents are responsible for the conduct of visitors including ensuring that noise is

kept at a level, in the sole determination of a majority of the council, that will not disturb the right to quiet enjoyment of others.

46.2 Residents are responsible for the conduct of children residing or visiting in their strata

lot, including ensuring that noise is kept at a level, in the sole determination of a majority of the council, that will not unreasonably disturb the quiet enjoyment of others.


46.3 Residents are responsible to assume liability for and to properly supervise activities of children in the common areas.

46.4 A resident must not permit any person to play or loiter in the garden areas, on common

property or on land that is a common asset. 46.5 Bicycling, skateboarding, rollerblading, hockey, soccer and similar activities are not

permitted on common property which includes the lobby, corridors, driveways, ramps, sidewalks, garden areas, pathways and the vehicle parking areas.

Recreational Facilities

47. Recreational facility rules 47.1 All rules established by the Westwood Place Recreation Centre committee for the use,

care and management of the recreation centre shall be in force for residents of the Hudson and their visitors.

47.2 Each strata lot is permitted to have a maximum of 2 remotes coded for entry to the

Westwood Recreation Center. 47.3 An owner not complying with the bylaws and rules of the Westwood Place Recreation

Center my have their access to the facility denied. 47.4 A resident, to whom a remote-access device that permits access to the Westwood

Recreational Centre (WRC) is issued, is responsible for the activities of any person using that device, and, in the event of any damage caused to the facility or its contents, in addition to losing their access privileges for an unspecified period, shall be held financially responsible for all costs arising from damage of any nature caused by that resident, their tenant, relatives, invitees or visitors, and/or be subject to a fine as provided for in bylaw 28. Since the WRC does not have the power to fine or to assess financial damages against a strata lot, the WRC will charge the damages to the relevant strata corporation which will, in turn, recover the costs from the owner or tenant responsible.

Severability

48. Severability 48.1 Should any portion of these bylaws be deemed unenforceable by any court of

competent jurisdiction, then, for the purposes of interpretation and enforcement, each bylaw hereof shall be deemed a separate provision and severable, and the balance of the provisions contained herein shall remain in full force and effect.

Documents

“THE HUDSON OWNERS’ STRATA PLAN LMS 3256hudsonstrata.com/hudsonbylaws/LMS 3256 Bylaws.pdf · 2018-09-14 · Compliance with bylaws and rules 1.1 All residents and visitors must