Sample Strata Bylaws - Division 1

2021 DRAFT

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

1)     Payment of strata fees and special levies

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

b)     An owner who is delinquent in paying strata fees on time for two consecutive months must, upon request, pay with consecutive, post-dated cheques dated as of the first day of each month for the remainder of the calendar year, or in the alternative, provide written authorization for monthly automatic debit from the owner’s bank account.

c)     Outstanding strata fees or special levy funds will be subject to an interest charge of 10% per annum, compounded annually.

 

2)     User fees and repair and maintenance of property by owner

a)     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.

b)     An owner who has the use of limited common property, including a balcony or patio, must repair and maintain it, except for repair and maintenance that is the responsibility of the strata corporation under these bylaws or s.72 of the Strata Property Act.

c)     An owner who is granted permission, pursant to s.76 of the Strata Property Act for temporary exclusive use of other common property, or any alteration to it, including an added deck, carport enclosure, skylight, hedge, garden, or view must agree to pay user fees of up to $50 per month into a reinstatement fund pursuant to Strata Property Regulation 6.9.

d)  The strata council will adjust user fees to suit each alteration and will report the amounts in the same minutes as the annual budget.

e)   User fees must be reasonable enough to cover the costs attributable to the existence of said alteration such as the statutory repair, maintenance, insurance, and reinstatement and disposal responsibilities of the strata corporation, and the proportionate land value, property taxes, fees, levies, intrusion, or loss of use borne by others. 

e)     When an  owner does not agree to, or pay said user fees, the alteration will be removed pursuant to s.76 of the SPA, and the common property will be reinstated by council to its original condition as shown on the strata plan, within one (1) year of the last permission or user fee assessment relating to said owner. The cost of removal of any alteration or reinstatement to the original condition will be paid from the amounts collected for the reinstatement fund, or by any other reasonable means, including a chargeback to said owner of up to a maximum of $15,000 based on the number of years of their use, and the cost of reinstatement.  

 

3)     Use of property

a)     An owner,tenant, 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, common assets or another strata lot,

iv)    is illegal, or

v)     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.

b)     An owner,tenant,occupant or visitor must not cause damage, other than reasonable wear and tear, to the common property, common assets or those parts of a strata lot which the strata corporation must repair and maintain under these bylaws or insure under section 149 of the Act.

c)     Extra decks, skylights, carport enclosures, personal gardens, and other alterations to common property are a privilege, and council has the authority to impose reasonable user fees or remove any source of nuisance or hazard and chargeback the cost to the owner responsible for said nuisance or hazard.

c)     Pets in a strata lot are a privilege, and  must not create a nuisance or hazard, be kept illegally, cause damage or unreasonable noise, or exceed a total of four (4), or a reasonable number of fish.

d)     An owner, tenant, or occupant is responsible for pets attributable to their strata lot and must not keep pets that are not reasonably clean, quiet, well behaved

i)       dogs

ii)      cats

iii)    fish or other small aquarium pets

iv)    small caged birds or mammals.

e)     On 90 days written notice to the owner of the strata lot council has the authority to remove and permanently bar any pet that it is the source of a serious attack, or an unreasonable number of complaints and fines.

f)      Pets on the common property must be leashed, secured, or otherwise shown to be under constant control and supervision by reliable training.

g)     Pet waste must be promptly removed from the common property, balcony  or patio, and disposed of in a waste container or by some other sanitary means.

h)     No wild animal shall be fed from any strata lot or from common property except hummingbirds from a hummingbird feeder supplying liquid only in a suitable location.

 

4)     Inform strata corporation

a)     Within 2 weeks of becoming an owner, an owner must inform the strata corporation of the owner's name, strata lot number and mailing address outside the strata plan, if any.

b)     On request by the strata corporation, a tenant must inform the strata corporation of his or her name.

c)     These bylaws bind each owner, member of council, tenant/occupant and the Strata Corporation, to the same extent as if the bylaws had been signed by each one and contained covenants on the part of each one to strictly comply with their provisions, and the strata corporation must be promptly informed of anyone with a disability that may interfere with timely reading and comprehending of these bylaws or the Strata Property Act and Regulation.

 

5)     Obtain approval before altering a strata lot

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

i)       the structure of a building;

ii)      the exterior of a building;

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

iv)    doors, windows or skylights on the exterior of a building, or that front on the common property;

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

vi)    common property located within the boundaries of a strata lot, including wiring, plumbing, piping, heating, air conditioning, and other services;

vii)  those parts of the strata lot which the strata corporation must insure under section 149 of the Act, including the structure, floor coverings, plumbing, or lighting.

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.

6)     Obtain approval before altering common property

a)     An owner must obtain the written approval of the strata corporation before making an alteration to common property, including limited common property, and more particularly

i)    trees and landscaping

ii)   retaining walls and stairs

iii)  structural boundaries

iv)  the exterior of a building

v)     chimneys, stairs, balconies, patios or other things attached to the exterior of a building;

vi)    doors, windows or skylights on the exterior of a building, or that front on the common property;

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

viii) common property located within the boundaries of a strata lot, including wiring,   plumbing, piping, heating, air conditioning, and other services; and

ix)    anything which the strata corporation must insure under s.149 of the Act.

b)     The strata corporation may require as a condition of its approval that the owner agree, in writing, to pay user fees for exclusive use of common property pursuant to s.6.9 of the Strata Property Regulation as amended, and to take responsibility for any expenses relating to the alteration, including the costs of removal and reinstatement of the original condition of the property at any time pursuant to s.76 of the SPA.

 

7)     Permit entry to strata lot

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

i)       in an emergency, without notice, to ensure safety or prevent significant loss or damage, and

ii)      at a reasonable time, on 48 hours' written notice, to inspect, repair or maintain common property, common assets and any portions of a strata lot that are the responsibility of the strata corporation to repair and maintain under these bylaws or insure under section 149 of the Act.

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

  END OF DIVISION 1 DRAFT