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STRATA PLAN LMS 2790 So Nest A Bylaws The Sonesta 1989 Dunbar Street, Vancouver, BC, Canada

http://www.mikestewart.ca/ STRATA PLAN LMS 2790 So Nest a Bylaws the Sonesta 1989 Dunbar Street, Vancouver, Bc, Canada

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100% found this document useful (1 vote)
1K views31 pages

STRATA PLAN LMS 2790 So Nest A Bylaws The Sonesta 1989 Dunbar Street, Vancouver, BC, Canada

http://www.mikestewart.ca/ STRATA PLAN LMS 2790 So Nest a Bylaws the Sonesta 1989 Dunbar Street, Vancouver, Bc, Canada

Uploaded by

Mike Stewart
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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STRATA PLAN LMS 2790

SONESTA

BYLAWS

Amendments:

August 27,2001 Registration No. BR 219573

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STRATA PLAN LMS 2790

SONESTA

BYLAWS

Amendment;

Revised: July 2001

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BYLAWS OF THE STRATA CORPORATION

LMS 2790 - SONESTA

PREAMBLE

These Bylaws of the Strata Corporation LMS 2790 - Sonesta are revised in accordance with the
Strata Property Act, S.B.C. 1998, c. 43. These Bylaws are to be interpreted according to the
provisions of the Strata Property act and Strata owners are advised to familiarize themselves with
the provisions of this Act, a copy of which will be held by the Strata Council and will be
available to all owners for reference.

These Bylaws apply to all Strata Lots except where stated to apply only to the non-residential
strata lots.

These Bylaws bind the Strata Corporation 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. 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 and with all Municipal Bylaws,
Rules and Regulations that have a bearing upon this Strata Corporation, and shall
not do anything or permit anything to be done on any Strata lot or common
property which is contrary to any law, statute, Bylaw or regulation of any Federal,
Provincial, Municipal or other authority having jurisdiction.

2. Payment of strata fees and special levies

2.1 Strata fees, which are to be allocated to all Strata lots in accordance with Section
99 of the Act, become due and payable on the first day of the month to which the
strata fees relate.

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2.2 Strata fees not paid within fifteen (15) days of the due date will be subject to an
interest charge of 10% per annum, compounded annually. In addition, failure to
pay strata fees within the period allowed will result in a fine of $50.00 for each
contravention of this Bylaw 2.1. If payment plus penalty has still not been made
after a 90-day period, the Strata Corporation may pursue remedies to recover these
monies and all costs involved shall be to the owner's account.

2.3 An owner must provide the Strata Corporation or its agent with twelve (12)
consecutive, monthly post-dated cheques for strata fees 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 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 $25.00 and an administration charge of $10.00.

2.5 From time to time the Strata Corporation may find it necessary to assess a special
levy to accommodate some extraordinary expense. This 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. If payment of the special levy, plus penalty charges
has still not been made after a 90-day period, the Strata Corporation may pursue
remedies to recover these monies and all costs involved shall be to the owner's
account.

2.7 Where an owner fails to pay a special levy in accordance with Bylaw 2.5,
outstanding special levies will be subject to an interest charge of 10% per annum,
compounded annually.

3. Repair and maintenance of property by owners

3.1 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.

3.2 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.

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4. Use of property

4.1 A resident or visitor must not use a strata lot, the common property or common
assets in a way that:

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

(b) causes unreasonable noise,

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

(d) is illegal, 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.

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 and 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 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
by the owner's act, omission, negligence or carelessness or by that of an owner's
visitors, occupants, guests, employees, agents, tenants or a member of the owner's
family, 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.

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4.5 A resident must not use, or permit to be used, any residential strata lot except as a
private dwelling home and, unless granted prior written approval by the Council, 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. For the purposes of this Bylaw 4.5, 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.

4.6 An owner or occupant who alleges hardship as a result of the passage of Bylaw
4.5 may appeal to the Council for permission to be exempt from Bylaw 4.5 on the
basis of hardship and the Council must not unreasonably refuse the appeal.

4.7 Bylaw 151 of LMS 2790 Bylaws under Registration No. BL166903 is not
repealed and is included here for convenience:

151 A strata lot in the non-residential (commercial) section shall not be used or
occupied for any purpose which is incompatible with the residential part of the
development, including without limitation, the following purposes:

(a) funeral parlour, massage parlour, any type of karate, gymnasium,


health club, or physical fitness facility;
(b) flea market;
(c) amusement, video, or game business;
(d) nightclub, discotheque or dance hall;
(e) 24-hour convenience store;
(f) bar serving alcoholic beverages j(except as incidental to a full
kitchen restaurant operation);
(g) theatre, auditorium, meeting hall, or other place of assembly;
(h) automotive or boat sales or repair;
(i) pool hall, except pool tables will be permitted for coffee shop
operations;
(j) manufacturing facility;
(k) book store selling or exhibiting pornographic material;
(1) storage or processing of "hazardous waste" as defined by federal
or provincial legislation in effect from time to time;
(m) re-cycling or storage of waste materials;
(n) bakery, pizza parlour, or any other use which produces strong
odours

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5. Pets and animals

5.1 A resident or visitor must not keep any pets on a strata lot or common property or
on land that is a common asset, except in accordance with these Bylaws.

• Pets are defined as domesticated animals kept for pleasure rather than utility.
• Seeing eye dogs are permitted, along with all pets used for medical purposes.

5.2 A resident or visitor must ensure that all animals are leashed or otherwise secured
when on common property or on land that is a common asset.

5.3 A resident must not keep a pet on a strata lot other than one or more of the
following:

(a) a reasonable number of fish or other small aquarium animals;

(b) a reasonable number of small caged mammals;

(c) up to two caged birds;

(d) one dog or up to two cats;

5.4 A resident must not harbour exotic pets, including not exhaustively, snakes,
reptiles, spiders or large members of the cat family.

5.5 A resident must apply to the Strata Council for written permission to keep a pet (a
"Permitted Pef') by registering the pet with the Council within 30 days of the pet
residing on a strata lot and by providing, in writing, the name of the Permitted Pet,
breed, colour and markings, together with the name, strata lot number and
telephone number of the pet owner.

5.6 A resident or visitor must not permit a loose or unleashed Permitted Pet (leashes
cannot exceed six feet in length) at any time within the common property or on
land that is a common asset. A Permitted Pet found loose on common property or
land that is a common asset shall be delivered to the municipal pound at the cost
of the strata lot owner.

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5.7 A resident must not keep a Permitted Pet which is a nuisance on a strata lot, or
common property or on land that is a common asset. If a resident has a pet which
is not a Permitted Pet or if, in the opinion of the Strata Council, the Permitted Pet
is a nuisance or has caused or is causing an unreasonable interference with the use
and enjoyment by residents or visitors of a strata lot, common property or
common assets, the Council may order the owner, by written notice, to control the
pet to eliminate the nuisance. The owner may request a hearing before Strata
Council. If Council then confirms the Permitted Pet to be a nuisance, the owner
will be expected to comply with Councils' written notice. In the event that the
owner fails to control the pet after receipt of one warning, a second warning
notice will be given by the Strata Council ordering the removal of the animal
permanently from the Strata Corporation. If the owner fails to comply within
seven days of receiving a second written notice, he or she will be fined $50.00 per
month, or portion thereof, during which the offending pet continues to occupy the
premises. Further, the pet owner will be subject to an immediate injunction
application and the owner of the strata lot will be responsible for all expenses
incurred by the Strata Corporation, to obtain the injunction, including legal costs.

5.8 A pet owner must ensure that a Permitted Pet is kept quiet, controlled and clean.
Any excrement on common property or on land that is a common asset must be
immediately disposed of by the pet owner. Any damage caused by fouling of the
common property will be repaired at the Owner's expense.

5.9 A pet owner must keep a Permitted Pet only in a strata lot, except for ingress and
egress.

5.10 A strata lot owner must assume all liability for all actions by a Permitted Pet,
regardless of whether the owner had knowledge, notice or forewarning of the
likelihood of such action.

5.11 A resident or visitor must not feed birds, rodents or other wild animals from any
strata lot, limited common property, common property or land that is a common
asset. No bird feeders of any kind are permitted to be kept on balconies, strata
lots, common property or land that is a common asset.

5.12 A resident who contravenes any of Bylaws 5.1 to 5.11 (inclusive) will be subject
to a $50.00 fine.

6. Inform strata corporation

6.1 An owner must notify the Strata Corporation of:

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(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.

6.2 On request by the Strata Corporation, a tenant must inform the Strata Corporation
of the tenant's name and the strata lot which the tenant occupies.

7. Obtain approval before altering a strata lot

7.1 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 a building;

(b) the exterior of a building;

(c) patios, 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;

(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; and

(h) wiring, plumbing, piping, heating, air conditioning and other services.

7.2 The Strata Corporation must not unreasonably withhold its approval under Bylaw
7.1, but may require 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.

7.3 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.

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The Strata Corporation shall only provide such written permission upon
satisfactory evidence that the alteration complies with all building codes, receipt
of all necessary building permits and, in the case of a structural alteration, the
written opinion of a qualified architect or engineer or similar professional which
indicates that the structural integrity of the buildings will be maintained.

8. Obtain approval before altering common property

8.1 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.
8.2 An owner, as part of its 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 the 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 8.1.

8.3 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 or 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 to common property, limited common
property or common assets;

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(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.

8.4 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.

8.5 An owner who, subsequent to the passage of Bylaws 8.1 to 8.3 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 alteration 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. Renovations/alterations

9.1 An owner must give the Strata Council two working days' prior notice 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.

9.2 A resident must not permit any construction debris, materials or packaging to be
deposited in the Strata Corporation's disposal containers.

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10
9.3 An owner must ensure that the delivery of any construction materials is through
the parking lot and, if in an elevator, the owner must ensure the elevator is
protected with proper wall pads and floor coverings. An owner must not permit
any renovations/alterations materials to be delivered through the main lobby.

9.4 A resident must be responsible to ensure:

(a) drop cloths are installed and removed daily between the elevators and the
strata lot as well as between other doors to protect common areas from any
spillage or dripping; and
(b) stairs, lobbies and paths through the parking areas are regularly cleaned
(and vacuumed at the request of the Council) and the residential conidor
thoroughly vacuumed daily;

9.5 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.

9.6 An owner must be in attendance for all SIGNIFICANT renovations/alterations,


the determination of SIGNIFICANT shall be in the discretion of the Council.

9.7 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.

9.8 An owner in contravention of Bylaws 9.1 to 9.7 (inclusive) shall be subject to a


fine of $50.00 for each contravention, as well as be responsible for any clean up
or repair costs.

10. Permit entry to strata lot

10.1 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' written notice;

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11
(i) to inspect, repair, renew, replace or maintain common property, common
assets and any portions of a strata lot that are the responsibility of the
Strata Corporation to repair, replace, retiew and maintain under these
Bylaws or the Act or to insure under Section 149 of theAct; or

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

10.2 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 incurred by the Strata Corporation.

10.3 The notice referred to in Bylaw 10.1(b) must include the date and approximate
time of entry, and the reason for entry.

10.4 Where the Strata Corporation is required to enter a strata lot for the purpose of
maintaining common property, the Strata Corporation and its agents shall, in
carrying out any work, or repairs, do so in a proper and workmanlike manner and
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.

Powers and Duties of Strata Corporation

11. Duties and obligations

11.1 The Strata Corporation shall control, manage and adminster the common
property, common facilities and other assets of the Corporaton, in accordance
with the powers and duties described in the Act, for the benefit of all owners.

11.2 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, both internal and external, including lawns, gardens, parking and
storage areas;
(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 event occurs
less often than once a year, and
(ii) the following, no matter how often the repair or maintenance
ordinarily occurs:

A. the structure of a building;


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12
B. the exterior of a building;
C. patios, 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 common property;
E. fences, railings and similar structures that enclose patios,
balconies and yards;

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

(i) the structure of a building;


(ii) the exterior of a building;
(iii) patios, 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 common property, and
(v) fences, railings and similar structures that enclose patios, balconies
and yards.

Strata Council

12. Council powers and duties

12.1 The powers and duties of the Strata Corporation shall, subject to any restrictions
imposed, or direction given by a general meeting, be exercised and performed by
the Strata Council, in accordance with the powers and duties of Council set out in
the Act.

12.2 All acts done in good faith by the Council are, notwithstanding it is afterwards
discovered that there was some defect in the appointment or continuance in office
of a member of the Council, as valid as if the member had been duly appointed or
had duly continued in office;

13. Council size

13.1 The Council must have at least 3 and not more than 7 members.

14. Council eligibility

14.1 The spouse of an owner may stand for Council, but only one person from a strata
lot may be a Council member at one time.

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.
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13
14.3 No person may stand for Council or continue to be on Council with respect to a
strata lot if there are amounts owing to the Strata Corporation charged against the
strata lot in respect of administration fees, bank charges, fines, penalties, interest
or the costs, including the legal costs, of remedying a contravention of the Bylaws
or Rules, including those for which the owner is responsible under Section 131 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 the new Council is elected.

15.2 A person whose term as Council member is ending, is eligible for re-election.

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. In this Bylaw, a two-thirds (2/3) vote means a vote in favour of a
resolution by at least two-thirds of the votes cast by eligible voters who are
present in person or by proxy at the time the vote is taken and who have not
abstained from voting.

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 Coiporation removes all of the Council members, the Strata
Corporation must hold an election at the same annual or special general meeting,
to replace the Council members for the remainder of the term up to, at least, the
minimum number of Council members required by Bylaw of the Strata
Corporation, for the remainder of the term.

16.4 The Council may appoint the remaining Council members necessary to achieve a
quorum for the Strata Corporation, 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 on the Council.

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14
17. Replacing council member

17.1 The office of member of Strata Council shall be vacated if the member:

(a) gives notice in writing to the Strata Corporation that he resigns his office; or

(b) ceases to be an owner, or that member's spouse (as per Bylaw 14.1) ceases to
be an owner.

17.2 If a Council member resigns or is unwilling or unable to act, the remaining


members of the Council may appoint a replacement Council member for the
remainder of the term.

17.3 A replacement Council member may be appointed from any person eligible to sit
on the Council.

17.4 The Council may appoint a Council member under Bylaw 17.3, even if the
absence of the member being replaced leaves the Council without a quorum.

17.5 If all the members of the Council resign or are unwilling or unable to act, 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 Bylaws respecting the calling and holding of meetings.

18. Officers

18.1 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.

18.2 A person may hold more than one office at a time, other than the offices of
President and Vice President.

18.3 The Vice President has the powers and duties of the President:

(a) while the President is absent or is unwilling or unable to act;

(b) if the President is removed,

(c) for the remainder of the President's term, if the President ceases to hold
office.

18.4 The Strata Council may vote to remove an officer.

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15
18.5 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 Council
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 does not have to be in writing.

19.3 A Council meeting may be held on less than one week's notice if:

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

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

(i) consent in advance of the meeting, or

(ii) are unavailable to provide consent after reasonable attempts to


contact them.

19.4 Bylaw 14(4) of the Schedule of Bylaws to the Act does not apply to the Strata
Corporation

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, if a hearing is requested
under Bylaw 20.1, the Council must hold a meeting to hear the applicant within
one (1) month 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 meeting

21.1 A quorum of the Council is 2 where the Council consists of 4 or less members, 3
where it consists of 5 or 6 members and 4 where it consists of 7 members.

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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 together 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 Owners and spouses of owners may attend Council meetings as observers.

22.5 Despite Bylaw 22.4, no observers may attend those portions of Council meetings
that deal with any of the following:

(a) Bylaw contravention hearings under Section 135 of the Act;

(b) Rental restriction Bylaw exemption hearings under Section 144 of the Act;

(c) Any other matters if the presence of observers would, in the Council's
opinion, unreasonably interfere with an individual's privacy.

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.

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 votes at a Council meeting must be recorded in the Council
meeting minutes.

24. Council to inform owners of minutes

24.1 The Council must circulate to or post for owners, the minutes of all Council
meetings within 2 weeks of the meeting, whether or not the minutes have been
approved.

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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 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 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 Bylaw 21.2 of the Schedule of Bylaws to the Act does not apply to the Strata
Corporation.

27. Limitation on liability of Council member

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27.1 A Council member who acts honestly and in good faith is not personally liable
because of anything done or omitted in the exercise or intended exercise of any
power or the performance or intended performance of any duty of the Council.

27.2 Bylaw 27.1 does not affect a Council member's liability, as an owner, for a
judgement against the Strata Corporation.

Enforcement of Bylaws and Rules

28. Fines

28.1 Except where specifically stated to be otherwise in these Bylaws, the Strata
Corporation may fine an owner or tenant:

(a) $50.00 for each contravention of a Bylaw, and

(b) $ 10.00 for each contravention of a Rule.

28.2 The Council must, if it determines in its discretion, that a resident is in repeated
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 7 days, a fine may be imposed every 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 among
those persons, eligible to vote, who are present at the meeting.

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30.4 If within Vi hour from the time appointed for an annual or special general meeting,
a quorum is not present the eligible voters, present in person or by proxy, constitute a
quorum. This Bylaw 30.4 is an alterative to Section 48 (3) of the Act and it does not
apply to a meeting demanded pursuant to Section 43 of the Act 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 Tenants and occupants may attend Annual and Special General meetings, whether
or not they are eligible to vote.

31.2 Persons who are not eligible to vote, may not participate in the discussion at a
meeting.

31.3 Tenants who are not eligible to vote, must leave the meeting if requested to do so,
by a Resolution passed by a majority vote at the meeting.

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 Except on matters requiring a unanimous vote, the vote for a strata lot may not be
exercised if there are amounts owing to the Strata Corporation charged against the
strata lot in respect of administration fees, bank charges, fines, penalties, interest
or the costs, including the legal costs, of remedying a contravention of the Bylaws
or Rules, including costs for which the owner is responsible under Section 131 of
the Act.

32.3 At an annual or special general meeting, voting cards must be issued to eligible
voters.

32.4 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.

32.5 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.

32.6 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 the meeting.

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32.7 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.

32.8 Despite anything in Bylaws 32.1 to 32.7 (inclusive), an election of Council or


removal of a Council member must be held by secret ballot, if the secret ballot is
requested by an eligible voter.

33. Order of business

33.1 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 ikn accordance with Section 103
of the Act, if the meeting is an annual general meeting;

(1) 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.


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34. Voluntary dispute resolution

34.1 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.

34.2 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.

34.3 The dispute resolution committee must attempt to help the disputing parties to
voluntarily end the dispute.

Small Claims Proceedings

35. Authorization to proceed

35.1 The Strata Corporation may proceed under the Small Claims Act, without further
authorization by the owners, to recover from an owner or any 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 act, omission, negligence or carelessness or by that of an
owner's visitors, occupants, guests, employees, agents, tenants or a member of the
owner's family.

Marketing Activities by Owners and Occupants

36. Sale of a strata lot

36.1 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.

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Insurance

37. The Strata Corporation must insure against major perils, as set out in regulation 9.1(2),
including, without limitation, earthquakes.

Storage

38. Storage lockers and bicycle storage

38.1 A resident must store bicycles and tricycles only in the basement bicycle storage
area or in his own storage locker.

38.2 A resident must not store any hazardous materials or flammable substances in his
storage locker.

Parking

39. Parking

39.1 Only vehicles with current registration and insurance in force, or appropriate
storage insurance, with a minimum of $2,000,000.00 third party liability shall be
allowed in the lower level, secure resident parking area, except with special
permission of the Council. Parking of vehicles, other than those owned or leased
by a resident or their house guest is prohibited in the lower level, secure resident
parking area.

39.2 A resident must not permit any oversized, commercial or recreational vehicles
including, but not exhaustively, boats, trailers and campers to enter or be parked
or stored on common, limited common property or land that is a common asset.

39.3 A resident must not store unlicensed or uninsured vehicles on the common,
limited common property or on land that is a common asset.

39.4 A resident storing a vehicle must provide proof of insurance to the strata
corporation on the commencement date of the storage.

39.5 An owner must not sell, lease or licence parking stalls to any person other than an
owner or occupant.

39.6 A resident must park only in the parking stall assigned to the resident.

39.7 A resident or visitor must not permit a vehicle to be parked or left unattended in a
manner that interferes with parking stalls, access lanes or no parking zones.

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39.8 Any resident's vehicle parked in violation of Bylaw 39.7 will be subject to
removal by a towing company authorized by Council, and all costs associated
with such removal will be charged to the owner of the strata lot.

39.9 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 vehicles involving any
automotive fluids or paints, motor tune ups or mechanical repairs.

39.10 A resident or visitor operating a vehicle in the parking areas must activate the
vehicle's headlights and not exceed 15 km/hour.

39.11 A resident or visitor must not smoke while in the parking area.

39.12 A resident must not wash a vehicle anywhere in the underground parking area.

39.13 A resident must not park or store any vehicle that drips oil or gasoline. A resident
must remove any dripped oil, gasoline or other automotive residue.

39.14 Parking areas may not be used for storage of other than one vehicle, except with
the prior written approval of the Strata Council.

39.15 All parking areas are common or limited property and may not be altered or
defaced in any manner.

39.16 The use of vehicle horns is prohibited except in such circumstances where the
horn is required to prevent a collision.

39.17 If an unauthorized vehicle is parked in or blocking an assigned area, the assignee


should inform the Property Manager or a member of the Strata Council, and the
vehicle will be towed away. Any costs incurred will be charged to the owner of
the vehicle.

Moving

40. Moving in/out Procedures

40.1 An owner must conform and ensure that any tenants conform to the Move In and
Move Out Rules established by Council from time to time.

40.2 A resident must provide notice to the Strata Corporation of all moving
arrangements at least 48 hours before the moving date. 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, Sundays and statutory holidays.

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40.3 A resident using the elevator during a move must ensure that the ELEVATOR
SERVICE KEY is used to control the elevator and the doors not jammed open in
any manner.

40.4 A resident must ensure that the lobby doors are not left open, ajar or unattended
and that furniture is not left piled in the lobby area.

40.5 A resident must ensure that all common areas are left damage-free, clean and all
hallways and lobby areas vacuumed immediately upon completion of the move.

40.6 A resident contravening any of Bylaws 40.1 to 40.5 (inclusive) shall be subject to
a fine of $50.00.

Appearance of Strata Lots

41. Cleanliness

41.1 A resident must not allow a strata lot to become unsanitary or untidy. Rubbish,
dust, garbage, boxes, packing cases and other similar refuse must not be thrown,
piled or stored in the strata lot or on common property. Any expenses incurred by
the Strata Corporation to remove such refuse will be charged to the strata lot
owner.

41.2 A resident must ensure that ordinary household refuse and garbage is securely
wrapped and placed in the containers provided for that purpose, recyclable
material is kept in designated areas and material other than recyclable or ordinary
household refiise and garbage is removed appropriately.

41.3 The owner of a strata lot is responsible for the cleanliness of his rented or leased
units.

42. Exterior appearance

42.1 No signs, fences, gates, billboards, placards, real estate signs, advertising, or
notices of any kind shall be erected or displayed on the common property of the
Strata Lot, without prior approval of Council. Owners are permitted to use and
post notices for a period of seven (7) days on the bulletin boards provided by the
Strata Corporation.

42.2 (a) No owner or occupier of the Strata Lot may alter the finish or appearance,
the fencing, railings, floors, walls or ceilings of the patios or balconies
adjoining any Strata Lot.

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(b) The placing of items on the patios and balconies shall be limited to
hanging baskets, free-standing, self contained planter boxes, summer
furniture and accessories and indoor-outdoor carpeting.

42.3 No laundry, washing, clothing, bedding, or other articles shall be hung or


displayed from windows, balconies, or any area outside the buildings so that
they are visible from the exterior of the Strata Lot.

42.4 To ensure the overall appearance of the property, owners shall not change the
Venetian blinds that are standard for the property, without the explicit written
permission of the Strata Council. An Owner may, at their discretion add various
window treatments to the inside of the Venetian blinds as long as the additional
window coverings, in the opinion of the Strata Council do not detract from the
exterior appearance of the property.

42.5 Holiday decorations and lighting are permitted on a strata lot, providing they are
not in place before November 15th and are removed by January 30th each year.

42.6 An owner shall not:

(a) construct any fencing, plant any new trees, bushes, shrubs, etc. on, or in
any way alter, the limited common property or common property, without
first obtaining the written permission of the Strata Council; or
(b) do or permit to be done anything that may cause damage or prevent
growth to trees, plants, bushes, flowers and grass in the common property
or interfere with the maintenance of the common property generally.

42.7 An owner may change locks as long as the device is the colour and style to match
other doors on the property.

Rentals

43. Residential rentals

43.1 Bylaws 138.1 and 138.2 of the LMS 2790 Bylaws under Registration No. BM
164944 are not repealed and are included here for convenience:

138.1 An Owner who wishes to lease a Strata Lot or have a change in


occupancy or tenancy shall first obtain approval from the Strata Council.
The Owner shall deliver to the Strata Council or the Property Manager
employed by the Strata Corporation a written request for a lease Permit
together with the following:

a) The name, occupation and address of each tenant or person who


will occupy the Strata Lot during the term of the proposed lease;
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b) Where applicable, the business telephone number of the tenant or
tenants;

c) The address and telephone number of the Owner which will apply
after the commencement of the lease;

d) The commencement date and term of the lease;

e) If requested by the Strata Council, a security deposit in an amount


not to exceed $400.00 to be held by the Strata Corporation for the
purposes set forth in this Bylaw.

138.2 a) The Strata Corporation may limit the number of Strata Lots within
the Strata Plan that may be leased by owners;

b) The maximum number of Strata Lots that may be leased by the


owners shall be 10;

c) should the number of Strata Lots presently leased not equal or


exceed the limitation established by the Strata Corporation
pursuant to Clause 138.2(b), Strata Lots may be permitted to be
leased until such time as the said limitation is reached.

43.2 If the number of strata lots leased at the time an owner applies for permission to
lease has reached the limit stated in Bylaw 43.1, excluding exempt strata lots
pursuant to Sections 143 and 144 of the Act and Section 17.15 of the Regulations,
the Council must refuse permission and notify the owner of the same in writing,
as soon as possible, stating that the limit has been reached or exceeded, as the
case may be, and place the owner of the strata lot on a waiting list to be
administered by the Council, based upon the date of the request for permission to
rent.

43.3 If the limit stated in Bylaw 43.1 has not been reached at the time the owner applies
for permission to lease a strata lot, excluding exempt strata lots pursuant to
Sections 143 and 144 of the Act and Section 17.15 of the Regulations, the Council
shall grant permission and notify the owner of the same in writing as soon as
possible.

43.4 An owner receiving permission to lease a strata lot must exercise the permission to
lease within 90 days from the date that the Council granted same, otherwise the
permission expires. During the 90 days immediately following the grant of
permission, the strata lot shall be deemed leased for the purposes of the limit
stated in Bylaw 43.1.

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43.5 Prior to possession of a strata lot by a tenant, an owner must deliver to the tenant
the current Bylaws and Rules of the Strata Corporation and a Notice of Tenant's
Responsibilities in Form K.

43.6 Within two weeks of renting a strata lot, the landlord must give the Strata
Corporation a copy of the Form K - Notice of Tenant's Responsibilities signed by
the tenant, in accordance with Section 146 of the Act.

43.7 Where an owner leases a strata lot in contravention of Bylaws 43.1, the owner
shall be subject to a find of $500.00 and the Strata Corporation shall take all
necessary steps to terminate the lease or tenancy, including, but not limited to,
seeking a declaration or Court injunction to enforce the Bylaw. Any legal costs
incurred by the Strata Corporation in enforcing 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.

Visitors and Children

44. Children and supervision

44.1 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 rights of quiet enjoyment of others.

44.2 Residents are responsible for the conduct of children residing 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 disturb the quiet enjoyment of others.

44.3 Residents are responsible to assume liability for and properly supervise activities
of children including, but not exhaustively, bicycling, skateboarding and hockey,
on the strata property.

Protection of Property

45. Damage to property

45.1 In the event of an emergency occurring in a Strata Lot whose occupant cannot be
contacted, access for protection of common property, or safety may have to be
gained by force at the Owner's expense.

45.2 An Owner shall not cause damage to trees, plants, bushes, flowers, or lawns and
shall not place chairs, tables or other objects on the lawns and grounds so as to
damage them or to prevent growth or to interfere with the cutting of the lawns or
the maintenance of the grounds generally.
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45.3 No resident, or visitor is permitted to trespass on any part of the property to which
another Owner is entitled to exclusive occupation.

45.4 The riding of any mechanical device, except for mechanical devices for disabled
people, including bicycles, tricycles, skateboards, roller-skates, etc. is not
permitted on the common areas of the property.

45.5 Games shall be played away from areas that can result in property damage or
injury. An individual Owner will be held responsible for property damage or
injury that has resulted from their actions, the actions of persons residing in the
strata lot (including minors) and/or guests. The Strata Corporation, Strata Council
nor the Management Agent accepts any responsibility for damage or injury which
occurs from such play.

46. Hazards

46.1 Everything shall be done to reduce fire hazards and nothing shall be brought into
or stored on a strata lot or the common property, which will in any way increase or
tend to increase the risk of fire, the rate of any insurance policy or which will
invalidate any insurance policy held by the Strata Corporation.

46.2 No material substances, especially burning material such as cigarettes or matches


shall be thrown out or permitted to fall out of any window, door, balcony, or other
part of the Strata Lot or common property.

46.3 Only gas and electric barbecues will be permitted.

46.4 A resident shall not store propane tanks in any common area, such as
parking/garages. Propane tanks are to be stored outside on patios or balconies
only.

47. Miscellaneous

47.1 A resident or visitor must not smoke on common property.

47.2 A resident or visitor must not hinder or restrict sidewalks, entrances, exits, halls,
passageways, stairways and other parts of the common property. Hindrance and
restriction includes the keeping of personal items and garbage.

47.3 A resident or visitor must not wear or use inline skates and skateboards
ANYWHERE in the building, including a strata lot.

47.4 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.
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47.5 A resident or visitor must not use common property electrical outlets with the
exception of parking area outlets used while vacuuming a vehicle.

47.6 Subject to Bylaw 36.1, a resident or owner must not erect or display or permit to
be erected or displayed any signs, fences, billboards, placards, advertising, notices
or other fixtures of any kind on the common property or in a strata lot, unless
authorized by the Council. This shall include exterior painting and the addition of
wood, ironwork, concrete or other materials.

47.7 A resident may post notices on the designated bulletin board, subject to being
removed by the Council if deemed inappropriate or posted for in excess of one
week.

47.8 A resident must ensure that all entrance doors to strata lots are kept closed and
kitchen extract fans are used when cooking.

47.9 A resident or visitor must not shake rugs, carpets, mops or dusters of any kind
from any balcony, window, stairway or other part of a strata lot or common
property.

47.10 A resident must ensure that no air conditioning units, laundry, flags, clothing,
bedding or other articles are hung or displayed from windows, balconies or other
parts of the building so that they are visible from the outside of the building.

47.11 A resident must not display or erect fixtures, poles, clotheslines, racks, storage
sheds and similar structures permanently or temporarily on limited common
property, common property or land that is a common asset. Despite the foregoing,
the placing of items on the limited common property balconies or patio areas shall
be limited to free standing, self-contained planter boxes or containers, summer
furniture and accessories.

48. Severability

48.1 The provisions hereof shall be deemed independent and severable and the
invalidity in whole or in part of any Bylaw does not affect the validity of the
remaining Bylaws, which shall continue in full force and effect as if such invalid
portion had never been included herein.

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