Type
of Modification/Alteration/Addition:
STRATA CORPORATION KAS2464
Balmoral Resort Community
Consolidated General Bylaws
June 18, 2008
STRATA CORPORATION KAS2464
Balmoral Resort Community
Consolidated General Bylaws
June 18, 2008
Introduction Page 4
Definitions Page 4
Part I - Duties of Owners, Occupants and Visitors Page 5- 6
1 – Compliance with bylaws & rules
2 – Payment of strata fees and special levies
3 – Repair and maintenance of property by owner/occupant
4 – Age
5 – Inform strata council
6 – Obtain approval before modification/alteration/addition to a strata lot
7 – Obtain approval before altering common property
Part II – Powers and Duties of Strata Council Page 7-11
8 – Repair and maintenance of property by Strata Corporation
9 – Council size
10 – Council eligibility
11 – Council members’ terms
12 – Removing a council member
13 – Replacing a council member
14 – Officers
15 – Calling council meeting
16 – Requisition of council hearing
17– Quorum of council
18 – Council meetings
19 – Voting at council meetings
20 – Notice of council meeting and circulation of council minutes
21 – Delegation of council’s powers and duties
22 – Spending restrictions
23 – Limitation on liability of council/committee members
Part III – Annual and Special General Meetings Page 11-13
24 – Annual general meeting/special general meeting
25 – Person to chair meeting
26– Participation by other than eligible voters
27 – Voting
28– Order of business
PART IV – Voluntary Dispute Resolution/Enforcement of Bylaws & Rules
29 – Voluntary dispute resolution Page 13-14
30 – Contravention of a bylaw
31 – Maximum fines
32 – Continuing contravention
Part V – Small Claims Court Proceedings Page 14
33 – Authorization to proceed
Part VI – Marketing Activities by Owners and Occupants Page 14
34 – Display of signs
Part VII – Insurance Page 15
35 – Insurance
Part VIII – Rentals Page 15
36 – Residential rentals
Part IX – Miscellaneous Bylaws Page 15-20
37 – Pets and animals
38 – Parking
39 – Cleanliness
40 – Visitors, children & supervision
41 – Use of property
42 – Other bylaws
43 – Snow Removal
44 – Landscaping
Form K Page 21
Modification/Alteration/Addition Application Form Page 22 -23
Appendix to Balmoral Resort Community Consolidated General Bylaws:
Current Architecture and Landscape Guidelines
Strata Corporation KAS 2464 Balmoral Resort Community
CONSOLIDATED GENERAL BYLAWS
June 18, 2008
The following Bylaws shall take the place of the Standard Bylaws to the Strata Property Act (the “Act”) permitted by section 120 of the Act and all previously registered Bylaws.
These Bylaws bind and form a covenant among the Strata Corporation and the Owners and occupants to observe and carry out these provisions. In addition, the Owners and occupants continue to be bound by the Laws of Canada and British Columbia in addition to the Bylaws and ordinances of the City of Kelowna.
Unless otherwise stated, all terms have the meanings prescribed in the Strata Property Act S.B.C. 1998, c.43 (the “Act)
For the purpose of these Bylaws, all terms shall have the meaning ascribed to them in the Strata Property Act. (Part 1-Definitions)
Recreational vehicle (RV) for the purposes of these Bylaws is defined as a motor home, fifth wheel, travel trailer, van conversion, truck camper unit, tent trailer, boat and trailer, snowmobile and trailer, ATV and trailer and utility trailers.
1. Compliance with Bylaws and Rules
a All Owners/occupants, tenants and visitors must comply with the Bylaws and Rules of the Strata Corporation.
2. Payment of Strata Fees and Special Levies
a Strata Fees are due and payable on or before the first of every month in advance. Payment options are limited to postdated cheques or auto-debit. If paying by postdated cheques, Owners must have 12 cheques delivered to Management (each cheque equal to 1/12 of the assessment of their Strata Lot) by the first day of the month after the Annual General Meeting. If paying by auto-debit system, Owners are to contact Management before the 20th day of the month after the Annual General Meeting to make the necessary arrangements. Failure to pay Strata Fees by their due date or by the payment options will result in monthly interest charges payable at the rate of 10% per year and continuing until the assessment is paid in full and correct arrangements have been made for future payments. No invoicing is provided. Levies are due and payable per their authorized resolution date and are subject to the same interest as Strata Fees if not paid on time.
b A vote for a Strata Lot may not be exercised, except on matters requiring a unanimous vote ,if the Strata Corporation is entitled to register a lien against that Strata Lot under Section 116(1) of the Strata Property Act.
3. Repair, Maintenance of Property by Owner/Occupant
a The Owners/occupants must repair and maintain the Owner’s Strata Lot.
4. Age
a All Owners/occupants who own/occupy a Strata Lot should be 45 years of age or older.
5. Inform Council
a Owners/occupants must notify the Council within two weeks of becoming an Owner/occupant, with the Owner’s name and any occupant’s names, Strata Lot number and mailing address outside the Strata Plan, if any.
b In the event that a tenant is occupying a Strata Lot, the landlord must give the Strata Corporation a copy of the signed (by the tenant) Notice of Tenant’s Responsibilities (Form K) within two weeks of renting all or part of a Strata Lot.
6. Obtain Approval Before Modification/Alteration/Addition to a Strata Lot
a An Owner/occupant must obtain the written approval of the Strata Corporation before making an alteration to a Strata Lot than involves any of the following:
i The structure of a building,
ii The exterior of a building,
iii Chimneys, stairs, balconies or other things attached to the exterior of the building,
iv Fences, railings or similar structures that enclose a patio or yard,
v Common property located within the boundaries of a Strata Lot,
vi Those parts of the Strata Lot which the Strata Corporation must insure under Section 149 of the Act
vii This also applies to permanent landscape changes including trees. Any plantings, which at maturity will exceed 4 feet, must have written approval.
b The Strata Corporation must not unreasonably withhold its approval under subsection (a) 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.
c An Owner/occupant applying to Strata Council for permission to alter a Strata Lot must submit a completed “Modification/Alteration/Addition Application” in writing showing the detailed plans and description of the intended alteration and receive written approval from Council; regarding the alteration.
d Small satellite dish systems are permitted in the community. Owners/occupants are permitted to install a maximum of ONE satellite dish system on their Strata Lot. Round dishes must not exceed 22 inches in diameter, and elliptical dishes must not exceed a maximum of 32 inches. Dishes must be installed as inconspicuously as possible and location is subject to approval by council. Installation of larger TV dishes or any similar equipment is not permitted.
e Owners/occupants who contravene this Bylaw may be required to dismantle any work done at their own expense.
f The Architecture and Landscape Committee will review applications in accordance with the AL Guidelines in effect at the time of application and make recommendations to Council. Council will make the final decisions (guidelines included as Appendix to Bylaws).
7. Obtain Approval Before Altering Common Property
a An Owner/occupant must obtain the written approval of the Strata Corporation before making an alteration to common property or common assets.
b 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.
8. Repair and Maintenance of Property by Strata Corporation
a The Strata Corporation must repair and maintain all of the common property and assets of the Strata Corporation.
9. Council Size
a The Council must have at least 5 and not more than 7 members.
10. Council Eligibility
a Either Owner or a spouse of an Owner may stand for Council but not both concurrently.
b 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.
11. Council Members Terms
a The term of office of a Council Member ends at the end of the Annual General Meeting at which the new Council is elected.
b In the election of Council Members held at each Annual General Meeting after the second Annual General Meeting, the Members elected to fill the vacant positions must be elected for 2 years.
c A person whose term as a Council Member is ending is eligible for re-election.
12. Removing a Council Member
a Unless all the Owners are on the Council, the Strata Corporation may, by Resolution passed by a Majority Vote at an Annual or Special General Meeting remove one or more Council Member.
b After removing a Council Member, the Strata Corporation must hold an election at the same Annual or Special General Meeting to replace the Council Member for the remainder of the term.
c Despite anything in Bylaws 12.a & b, an election of Council or removal of a Council Member must be held by secret ballot.
13. Replacing a Council Member
a If a Council Member resign or is unwilling or unable to act for a period of 2 or more months, the remaining members of the Council may appoint a Council Member for the remainder of the term.
b A replacement Council Member may be appointed from any person eligible to sit on the Council.
c The Council may appoint a Council Member under this section even if the absence of the member being replaced leaves the Council without a quorum.
d If all the members of the Council resign or are unwilling or unable to act, for a period of 2 or more months, persons holding at least 25% of the Strata Corporation’s votes may hold a Special General Meeting to elect a new Council by complying with the provisions of the Act, the Regulations and the Bylaws respecting the calling and holding of meetings.
14. Officers
a 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.
b A person may hold more than one office at a time, other than the offices of President and Vice-President.
c The Vice-President has the powers and duties of the President when or if:
i The President is absent, unwilling or unable to act.
ii For the remainder of the President’s term if the President ceases to hold office.
d If an officer other than the President is unwilling or unable to act for a period of 2 or more months, the Council Members may appoint a replacement officer from amongst themselves for the remainder of the term.
15. Calling Council Meeting
a 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.
b The notice in Bylaw 15.a (Part II) does not have to be in writing.
c A Council Meeting may be held on less than one week’s notice if
i All Council Members consent in advance of the meeting, or
ii The meeting is required to deal with an emergency situation, and all Council Members either:
o Consent in advance of the meeting, or
o Are unavailable to provide consent after reasonable attempts to contact them.
16. Requisition of Council Hearing
a By application in writing or by e-mail to the Council, an Owner/occupant or group of Owners/occupants or a tenant may request a hearing at a Council Meeting stating the reasons for the request.
b If a hearing is requested under Bylaw 16 a, the Council must hold a meeting to hear the applicant within one month of the date of receipt by the Council of the application. This meeting could be held sooner than one month if the matter is of an urgent nature.
c 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.
17. Quorum of Council
a A quorum of Council is 3, if the Council consists of 5 or 6 Members and 4 if the Council consists of 7 Members.
b Council Members present in person or attending by electronic means are considered to be present in person to be counted in establishing a quorum.
18. Council Meetings
a 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.
b The Council may meet together for the conduct of business, adjourn and otherwise regulate its meetings, as it deems necessary. Recording minutes are required and procedures for calling meetings must be adhered to.
c Owners/occupants or tenants, and spouses of Owners/occupants or tenants may attend Council Meetings as observers.
d Despite bylaw 18.c, no observers may attend those portions of Council Meetings that deal with any of the following regulatory “in camera” sessions:
i. Bylaw contravention hearings under Section 135 of the Act;
ii. Any other matters if the presence of observers would, in the Council’s opinion unreasonably interfere with an individual’s privacy.
e Costs of all phone charges to either make or receive a call from person(s) wanting attendance at a Council Meeting, will be the cost of the person(s) wishing to attend the Council Meeting.
19. Voting at Council Meetings
a At Council Meetings, decisions must be made by a majority of Council Members present in person at the meeting.
b If there is a tie vote at a Council Meeting, the president may break the tie by casting a second, deciding vote.
c The results of all votes at a Council Meeting must be recorded in the Council Meeting Minutes.
20. Notice of Council Meetings and Circulation of Council Minutes
a The Council must inform Owners/occupants about a Council Meeting as soon as feasible after the meeting has been called.
b The Agenda of all regular scheduled monthly Council Meetings will be posted 7 days in advance, on the Council bulletin board.
c The Council must make the Minutes of all Council Meetings available for the Owners/occupants within two (2) weeks whether or not the minutes have been approved. This requirement can be satisfied by: a) posting a copy of the minutes in the clubhouse, or b) placing an electronic copy on the Strata’s website (www.balmoralresort.com). Upon request copies of the minutes will be delivered for those who do not have access to the website.
21. Delegation of Council’s Powers and Duties
a Subject to Bylaws 21.b and 21.d 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.
b The Council may delegate its spending powers or duties by a Resolution that:
i Delegates the authority to make an expenditure of a specific amount for a specific purpose, or
ii Delegates the general authority to make expenditures in accordance with section (c)
c A delegation of a general authority to make expenditures must
i Set a maximum amount that may be spent, and
ii Indicate the purposes for which, or the conditions under which, the money may be spent.
d The Council may not delegate its power to determine, based on the facts of a particular case,
ii Whether a person has contravened a Bylaw or Rule,
iii Whether a person should be fined, and the amount of the fine, or
iv Whether a person should be denied access to a recreational facility.
22. Spending Restrictions
a 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.
b Despite subsection 22 (a), a Council Member may spend the 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.
c Council may make expenditures up to a maximum of $5,000.00 for unbudgeted items per fiscal year. Any expenditure made under this Bylaw must not exceed the minimum amount needed to ensure safety or prevent significant loss or damage, and the Council must inform Owners as soon as feasible about any such expenditure.
d The Strata Corporation must obtain prior approval by a resolution passed by a ¾ Vote at an Annual or Special General Meeting of an acquisition or disposal of personal property if the personal property has a market value of more than $5,000.00.
23. Limitation on Liability of Council/Committee Members
a A Council Member or Committee 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.
b Bylaw 23.a does not affect a Council/Committee Member’s liability, as an Owner/occupant for a judgment against the Strata Corporation.
24. Electronic Attendance at Meetings
a Attendance at an Annual or Special General Meeting may be by telephone or any other method, if the method permits all persons participating in the Meeting to communicate with each other during the Meeting.
b A person who attends a meeting as provided under subsection 24.a is present in person at the Meeting.
c All associated costs to attend the Meeting(s) are borne by the person(s) placing the calls and receiving the calls.
25. Person to Chair Meeting
a Annual and Special General Meetings must be chaired by the President of the Council.
b If the President of the Council is unwilling or unable to act, the meeting must be chaired by the Vice-President of the Council.
c 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 persons, who are present at the meeting.
26. Participation by Other than Eligible Voters
a Tenants and occupants may attend Annual and Special General Meetings, whether or not they are eligible to vote.
b Persons, who are not eligible to vote, including tenants and occupants may participate in the discussion at a meeting at the discretion of the chair.
c Persons, who are not eligible to vote, including tenants and occupants must leave the meeting if requested to do so by a Resolution passed by a Majority Vote at the Meeting.
27. Voting
a At an Annual or Special General Meeting, voting cards must be issued to eligible voters. There shall be one vote per Strata Lot.
b 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.
c If a precise count is requested, the chair must decide whether it will be by show of voting cards or by roll call. If requested a Secret Ballot must be held.
d 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.
e If there is a tie vote at an Annual or Special General Meeting, the President, or, if the President is absent or unwilling or unable, the Vice President may break the tie by casting a second, deciding vote.
f Despite anything in this section, an election of Council or removal of a Council Member must be held by secret ballot.
28. Order of Business
a The order of business at Annual and Special General Meetings is as follows:
i Certify proxies and corporate representatives and issue voting cards.
ii Determine that there is a quorum.
iii Elect a person to chair the meeting, if necessary.
iv Present to the meeting proof of notice of meeting or waiver of notice.
v Approve the agenda.
vi Approve minutes from the last Annual or Special General Meeting.
vii Deal with unfinished business.
viii 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.
ix Ratify any new Rules made by the Strata Corporation under Section 125 of the Act.
x Report on insurance coverage in accordance with section 154 of the Act, if the meeting is an Annual General Meeting.
xi Approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an Annual General Meeting.
xii Elect a new Council, if the meeting is an Annual General Meeting.
xiii Deal with new business, including any matters about which notice has been given under section 45 of the Act.
xiv Terminate the meeting.
29. Voluntary Dispute Resolution
a A dispute among Owners/occupants, tenants, the Strata Corporation or any combination of them may be referred to a Dispute Resolution Committee by a party to the dispute if:
i. All parties to the dispute consent, and
ii. The dispute involves the Act, the Regulations, the Bylaws or the Rules.
b A Dispute Resolution Committee consists of:
i. One Owner/occupant or tenant of the Strata Corporation nominated by each of the disputing parties and one Owner/occupant or tenant chosen to chair the Committee by the persons nominated by the disputing parties, or
ii. Any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.
c The Dispute Resolution Committee must attempt to help the disputing parties to voluntarily end the dispute.
d The dispute may also go to Mediation if both parties are in agreement (Mediation is handled per the guidelines of The B.C. Mediator Roster Society).
30. Contravention of a Bylaw
a Two notices of violation will be sent to homeowner for any violation of a Bylaw or Rule.
b The homeowner has the right to dispute the issuance of the violation notice, by writing to Council.
31. Maximum Fines
a Except where specifically stated to be otherwise in these Bylaws, the Strata Corporation may fine an Owner/occupant a maximum of:
i $200.00 for each contravention of a Bylaw
ii $50.00 for each contravention of a Rule, and
iii $500.00 for each contravention of the Rental Restriction Bylaw
32. Continuing Contravention
a Except where specifically stated to be otherwise in these Bylaws, if an activity or lack of activity constitutes a contravention of a Bylaw or Rule continues, without interruption, for longer than 7 days, a fine may be imposed every 7 days.
33. Authorization to Proceed
a The Strata Corporation may proceed under the Small Claims Act, without further authorization by the Owners/occupants, to recover from an Owner/occupant 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/occupant’s act, omission, negligence or carelessness or by that of an Owner’s/occupant’s visitors, occupants, guests, employees, agents, tenants or a member of the Owner’s/occupant’s family.
34. Display of Signs
a Real Estate signs must not be displayed on a Strata Lot or on the common property except in the location designated by the Strata Corporation for Real Estate signs.
b A user fee of $10 per listing displayed is payable to the Strata Corporation in advance of displaying any material on the sign board to pay for maintenance of the sign board.
35. Insurance
a The Strata Corporation must insure against major perils, as set out in strata property regulation 9.1(2) including, without limitation, earthquakes.
b The Strata Corporation must also carry liability coverage for all common areas, Council members and volunteers.
36. Residential Rentals
a There will be no rental units allowed in Balmoral Resort Community.
i An Owner shall give notice to the Council in writing when their residence will be cared for by a house sitter or used on a house exchange arrangement. Such notice shall include commencement date and duration. Such duration shall not exceed six months.
ii An Owner may apply under Section 144 of the Act to the Strata Corporation for exemption from Bylaw 36 on the grounds that the Bylaw causes hardship to the Owner and such application will be made with the provisions of the Strata Property Act
37. Pets and Animals
a An Owner/occupant must not keep more than two (2) pets on a Strata Lot, such animal not to exceed 18 inches high at the shoulder upon maturity and the same must be controlled when on the Owner’s/occupant’s strata lot. An Owner/occupant must obtain written permission from council for any pets other than cats and dogs.
b An Owners/occupants and visitors must ensure that their cat /dog is kept quiet, controlled and clean and must immediately dispose of any excrement on common property or asset or within 24 hours on the Owner/occupant Strata Lot.
c An Owner/occupant or visitor must ensure that all cats/dogs are on a leash (not longer than 10 feet or 3 metres) and under control at all times or otherwise secured when on common property or on land that is a common asset.
d If a pet is a nuisance or has caused or is causing an unreasonable interference with the use and enjoyment by Owners/occupants or visitors of a Strata Lot, common property or common assets, the Council may order such a pet to be removed permanently from the Strata Lot, the common property or common assets or all of them. Upon receipt of such notice, the Strata Lot Owner/occupant shall forthwith remove such animal from the Strata Lot.
e Any contravention of Bylaw 37 inclusive may result in a fine. (Part IV, 31)
f Notwithstanding Bylaw 37.e, an Owner/occupant whose pet contravenes Bylaw 37.d may be subject to an injunction application and the Owner/occupant of the Strata Lot will be responsible for all expenses incurred by the Strata Corporation to obtain the injunction, including the legal costs.
g A Strata Lot Owner/occupant must assume all liability for action by a pet, regardless of whether the Owner/occupant had knowledge, notice or forewarning of the likelihood of such action.
h Owners/occupants may have hummingbird feeders and finch feeders on their properties, limited to the rear of the house and to the garden areas only. Each lot will be limited to one of each feeder. No feeders are permitted on common property. Finch feeders must be of the construction designed specially for finches. Seed used in the feeder must be the type specifically packaged and sold as “finch bird seed”. No other types of feeders are allowed.
38. Parking
a Maximum driveway parking, for recreational, commercial and other like vehicles including loading and unloading time is forty-eight (48) hours per week without written approval of Council. This does not include an Owner’s/occupant’s own personal vehicle.
b No visitor RV parking within the complex.
c Maximum on-street parking, for an Owners/occupants personal and recreational vehicles and commercial and other like vehicles including loading and unloading time is forty-eight (48) hours per week without written approval from Council.
d There is no overnight parking of commercial vehicles on the roadway notwithstanding Bylaw 38.c.
e Any Owner/occupant who persistently inconveniences neighbours by intermittent but persistent parking on the road shall be sent two (2) warning letters. If the Owner/occupant persists, at the discretion of the Council, he/she will be subject to having the vehicle towed away and/or having a fine levied against the Strata Lot.
f An Owner/occupant must not store unlicensed or uninsured vehicles on the common property or on land that is a common asset of the Strata Corporation. An uninsured or unlicensed, vehicle must not be stored on a driveway. Such vehicle must be stored in the Owner’s/occupant’s garage.
g An Owner/occupant must not lease or rent parking or storage space on a Strata Lot to any person other than an Owner/occupant of Balmoral.
h An Owner/occupant or visitor must not permit a vehicle to be parked or left unattended in a manner that interferes with driveway entrances or access to driveway entrances.
i Any Owner’s/occupant’s vehicle parked in violation of Bylaw 38.h will be subject to removal by a towing company authorized by 2 or more Council Members (recorded in the minutes of the very next Strata Council Meeting), and all costs associated with such removal will be borne by the Owner of the vehicle towed.
j No motor tune-ups, mechanical repairs or bodywork on any vehicle, recreational vehicle or other like vehicles shall be carried out on driveways, common property or common assets.
k An Owner/occupant or visitor shall not use any part of a Strata Lot, other than the concrete driveway as a parking stall. A vehicle must be properly parked on a driveway and not overhang the common roadway.
l During snowfall periods, each Owner/occupant is responsible for ensuring that all vehicles are removed from the common roadways at the commencement of a snowfall, in order to facilitate proper snow clearing of roadways.
m There shall be no parking in front of unit #416 and unit #418 and the south side of unit #135.The residents of unit #416 and unit #418 are exempted from this Bylaw for 24 hour periods when required to load and unload their RV’s.
39. Cleanliness
a An Owner/occupant must not allow a Strata Lot to become unsanitary or untidy. Rubbish, garbage refuge, garbage, boxes, packing cases and other similar refuse must not be thrown, piled or stored on 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/occupant.
b Garbage must not be placed at the curb any earlier than the evening before collection day. Garbage containers must be stored in the Owner’s/occupant’s garage and not at the side or the front of a dwelling.
c Any materials other than ordinary household refuse and garbage shall be removed from the common property or the Owner’s/occupant’s strata lot at the expense of or by the individual Owner/occupant.
d Hanging laundry or washing on an external clothesline in such a way as to be visible from outside of the Strata Lot is not permitted.
e The placing of items on patio areas shall be limited to free standing, self contained planter boxes or containers, summer furniture and accessories and not used for storage of other items.
40. Visitors, Children and Supervision
a Owners/occupants are responsible for the conduct of visitors including children ensuring that noise is kept at a level that will not disturb the activities of others.
b The swimming pool is not a toddler friendly area. For safety reasons each child who does not have accredited swimming skills must be accompanied in the pool at all times by a responsible adult. Any person that is not toilet trained is not allowed in the pool. The Owner/occupant is responsible for any clean up expenses.
c For safety reasons no children are allowed in the hot tub.
d An Owner/occupant or visitor must not erect, place, expose or maintain any playground equipment including but not limited to swings, wading pools, basketball hoops and hockey nets on any part on any Strata Lot or common property. SKATEBOARDS ARE A DANGER TO OWNERS/OCCUPANTS AND ARE PROHIBITED ANYWHERE IN THE COMPLEX.
41. Use of Property
a An Owner/occupant or visitor must not use a Strata Lot, the common property or common assets in a way that:
i Causes a nuisance or hazard to another person.
ii Causes unreasonable noise.
iii Unreasonably interferes with the rights of other persons to use and enjoy the common property or common assets, or another Strata Lot.
iv Is illegal, or 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.
v Increases the risk of fire or the rate of insurance.
vi No wood burning devices are allowed on a Strata Lot.
vii Woodworking, metal work and other recreational activities may only be carried out in a Strata Lot, or on a driveway or patio of a strata lot in a manner that does not cause unreasonable noise.
b An Owner/occupant or visitor must not cause damage, other than reasonable wear and tear, to the common property, common assets or those of a Strata Lot which the Strata Corporation must repair and maintain under these Bylaws or insure under Section 149 of the Act.
c An Owner/occupant, shall indemnify and save harmless the Strata Corporation from the expense of any maintenance, repair or replacement rendered necessary to the common property, common assets or to any Strata Lot by the Owner’s/occupant’s act, omission, negligence or carelessness or by that of an Owner’s/occupant’s visitors, occupants, guests, employees, agents, or a member of the Owner’s/occupant’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 5.a, 5.b, and 5.c, (Part IX) 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/occupant.
d An Owner/occupant must not use or permit to be used, the Strata Lot except as a private dwelling home. This limitation does not prevent the operation of a legal home based business as long as such business does not impact traffic patterns or parking in any way and creates no client (customer) visits and produces no retail sales.
e Vegetables & tomato plants are permitted only in an unobtrusive area. Any planting must not interfere with the maintenance of the grounds. No changes are to be made to the present garden areas to allow for such plantings.
f A reasonable number of garden ornaments in keeping with the general appearance of Balmoral Resort, shall be permitted in front gardens providing they do not impose on the enjoyment of other Owners/occupants. Any complaints by Owners/occupants with respect to garden ornaments shall be forwarded to Council who shall obtain a report from the AL Committee as to recommendations on any action to be taken.
g Christmas lights must not be installed before November 1st and must be removed by the following March 15th.
42. Other Bylaws
a An Owner/occupant, tenant or visitor must allow entry to the Strata Lot by Council or other approved personnel for emergency reasons.
b When an Owner’s home is to be left vacant for a period in excess of thirty (30) days, the Owner/occupant must leave an address and telephone number with Council through which s/he may be contacted in case of emergency or other reason relating to the house and the community. Council will maintain a confidential register of this information.
c No door to door solicitations are allowed without prior permission of Council. This includes canvassing for charitable or political donations or signatures for petitions.
d For the purposes of gathering support for a petition, the petition may be posted in the library for a maximum of 14 days.
o Prior to posting any petition relating to Strata Corporation governance or related matters, owners/occupants are strongly encouraged to discuss their concerns with Council.
43. Snow Removal
a Pursuant to Section 72 (3) of the Strata Property Act, the Strata Corporation shall be responsible for snow removal on the driveways of all Strata Lots in the development and 3½ foot wide path from the driveway to the front door of each Strata Lot. Except as may be necessary to create the 3½ foot path described herein, the Strata Corporation is not responsible for snow removal on patios and courtyards included in Strata Lots.
b The Strata Corporation shall be entitled to enter into a snow removal contract for the purposes of fulfilling its obligations pursuant to this Snow Removal Bylaw, and the costs shall be a common expense and shall be included in the annual budget of the Strata Corporation. For clarity, the costs associated with the snow removal contract shall be borne by all the Owners of the Strata Corporation in accordance with unit entitlement.
c An Owner may elect to do his or own snow removal. In the event an Owner elects to do his or her own snow removal, the contractor hired by the Strata Corporation will not perform any of the tasks identified in 43 (a) of this Bylaw, however, the Owner will still be responsible for his or her share of the costs associated with the snow removal contract in accordance with unit entitlement. The Owners will indicate to the contractor and the Strata Council that they require snow removal service by placing a ribbon on their lamp standard. This ribbon will be supplied by the Strata Corporation (these ribbons will be supplied by the Council).
44. Landscaping
a Pursuant to Section 72(3) of the Strata Property Act, the Strata Corporation shall be responsible for the repair and maintenance of the landscaped portions of all the Strata Lots in the development, such repair and maintenance to be limited to the following:
i. Mowing, trimming, fertilizing, planting, removing clippings, raking and aerating of lawns. Winterization and start up of irrigation systems.
ii. Weeding, pruning, fertilizing, clean up and removal of garden refuse
iii. Planting, fertilizing
b The Strata Corporation shall be entitled to enter into a landscape maintenance contract for the purposes of fulfilling its obligations pursuant to this Landscape Bylaw. The costs associated with such a landscaping maintenance contract shall be a common expense and shall be included in the annual budget of the Strata Corporation. For clarity, the costs associated with the Landscaping Maintenance contract shall be borne by all the Owners of the Strata Corporation in accordance with unit entitlement.
c An Owner may elect to do his or her own landscaping, according to the ALC guidelines attached to the Bylaws; in which case the Owner must so advise the Council in writing. In the event an Owner elects to do his or her own landscaping, the contractor hired by the Strata Corporation will not perform any of the tasks identified in 44.a ii or 44.a iii of this Bylaw, however the Owner will still be responsible for his or her share of the costs associated with the Landscaping Maintenance contract in accordance with unit entitlement.
d In the event an Owner elects to do his or her own landscaping in accordance with 44.a ii or 44.a iii of this Bylaw, the landscaping must be completed in accordance with the standards described in the current landscaping agreement entered into by the Strata Corporation as amended from time to time. In the event the landscaping is not completed in accordance with the standards described in the current landscaping agreement as amended from time to time, the party performing under the landscape contract will be at liberty to enter onto the Owner’s Strata Lot and perform the work to the applicable standard as outlined in Architecture and Landscape Guidelines and Bc Standard of Care (Level II).
NOTICE OF TENANTS’ RESPONSIBILITIES
(Section 146)
RE: Strata Lot___________(strata lot number as shown on strata plan) of Strata Plan KAS2464.
Street Address of Strata Lot # - 2365 Stillingfleet Road, Kelowna, V1W 4X5
Name(s) of Tenant(s)
Tenancy commencing (Month, Day,Year)
1. Under the Strata Property Act, a tenant in a Strata Corporation must comply with the Bylaws and Rules of the Strata Corporation that are in force from time to time (current Bylaws and Rules attached).
2. The current Bylaws and Rules may be changed by the Strata Corporation, and if they are changed, the tenant must comply with the changed Bylaws and Rules.
3. If a tenant or occupant of the Strata Lot, or a person visiting the tenant or admitted by the tenant for any reason, contravenes a Bylaw or Rule, the tenant is responsible and may be subject to penalties, including fines, denial of access to recreational facilities, and if the Strata Corporation incurs costs for remedying a contravention, payment of those costs.
Date: (Month,Day,Year)
Address of Landlord, or agent of landlord
Signature of Landlord. or Agent of Landlord
Signature of Tenant
Balmoral Strata Corporation KAS2464
MODIFICATION/ALTERATION/ADDITION APPLICATION FORM
This application form is to be used for approval of any landscaping, structural or exterior changes that affect the properties at Balmoral Strata Corporation KAS2464. Please attach to this form plans and a description of the work to be carried out.
Please submit this completed form to the Architecture and Landscape Committee via the Council mailbox for consideration and action.
Name of Resident: Unit # Phone #
1.
Type
of Modification/Alteration/Addition:
Building
Structural
Grounds Tree
Addition
Addition
Shrub Removal
Other Plant Replacement
Provide a brief description:
2. Structural Alterations:
Are construction permits required? (If YES, please attach sketch) YES NO
City of Kelowna requires a building permit for sunrooms and glassed-in patios. After approval, please forward a copy of the building permit to council to be attached to the alteration form. This is for yours and council’s protection for insurance reasons.
Is the modification/alteration/addition affecting the appearance of the exterior? YES NO
Do other units within Balmoral have similar modification/alteration/addition as request? YES NO
(If YES, please indicate which unit no’s :__________________________________)
3. Grounds:
Is the modification/alteration/addition affecting any underground utilities (including irrigation)? YES NO
(If YES, please outline which utilities:____________________________________)
Is any landscaping required (removal or replacement) because of the construction? YES NO
(If YES, please indicate what has to be done:____________________________ )
Trees/shrubs: Provide the projected height at maturity:____________________ )
4. Liabilities:
Are you willing to assume the full cost of construction, and the cost of ongoing maintenance for your modification/alteration/addition: YES NO
Are you willing to accept full responsibility and liability for your modification/alteration/addition including any claim(s) by workmen and/or material suppliers involved in such changes. YES NO
Do you fully understand that any work on easements or common property because of the request will be at the resident’s cost, and that no liability will be assumed by the Balmoral Strata Corporation KAS2464 for repairs or damage? YES NO
5. General:
Have you completed and attached an accurate drawing relative to your request? YES NO
Do you grant permission for the Architecture and Landscape Committee and/or its representatives and/or members of your Strata Council to inspect the site prior to dealing with your submission, and following completion? YES NO
The Architecture and Landscape Committee and/or its representatives may speak with persons who may be affected by the changes either physically or visually, prior to considering this proposal.
Anticipated Completion Date:
Additional Comments: (Please attach separate sheet if space inadequate)
Applicant’s Signature Date
APPROVAL/RECOMMENDATIONS ACTIONS
Architecture and Landscape Committee’s Comments:
Signature Date
Strata Council Comments:
Signature Date
Applicant advised of decision, Date: