Mountain View VIS4643 Bylaws 2018 Final

:i t SCHEDULE OF' CONSOLIDATED BYLAWS MOI'NTAIN YIEW TIIE OWNERS, STRATA PLAI\\I VIS 4643 CAMPBELL RIYE& BC PREPARED BY CORA D. WILSON, J.D. WILSON MCCORMACK LAW GROUP BARRISTERS & SOLICITORS 630 TERMINAL AVENUE NORTH, NANAIMO, B,C. V9S 4K2 (250)74r-1400



BYLAWS OF THE O\\ryNERS, STRATA PLAN VIS 4643 The MOUNTAIN VIEW, CAIUPBELL RMR\" BC INDEX Headings Page Division 1- Duties of Owners, Tenants, Occupants and f isitors l(I)-(4) Payment of strata fees.............. .-..'....:....4'.a... --------.. 1 2(I)-(2) Interest charges ..i...,\"....,'..'.-........'.!'....'..'.. ......-.-....2 3(l)-(?) Repair arrd maintenance of property by owner '....--.-....--'------.--'.- 2 3(3) 3(4) Alterations to the strata lol LCP ar:dlor colnmor property -.'.....3 6(l ) 6(2) Flooring alterations '......'........'.........'.4 6(3)-(I l) Alterations to the strata 1ot, LCP and/or common property (cont'd) -....---...-....4 7(1)-(3) Permit entry to strata lot....... ..--'.....--'.6 Division 2 * Porvers and Duties of Strata Corporation Repair and maintenance of properly by Strata Corporztion, 6 8{1 ) '..'...' 1e[1) Council to inform owners of minutes & notice procedures ....... l0 19(2)-(4) Notice by Email to the Strata Corporation. ...-....'.. l0 20(1)-(4) Delegation of council's powers and duties .....-..-.' 11 21(1X2) Spending restrictions....... '..'..;.'-\".'-'-.... ...........-.-... 11 2l(3)-t4) Unapproved expenditures ..----..'....'.-' 11 22(l>(3\\ Limitation on liability of council member .'....\".... 12 22(4>{5) Indemnity of council member..,.... ....-'.....'.....-.'.'.. 12 Division 4 Enforcemert of Bylaws and Rules - 23(1X7) Fines, Conptaint, right to answer & nofice of decision... \"\"\"\"\" 12 23(SX9) Remedy a contavention .-'........\".....' 13 24 Continuing contraventionr.!r.:............... -........'........i......-...-.-....'. 13 Division 5 Annuel and $pecial General Meetings - 25{1}(3) Person to chair meeting........\"........- ....--'...-..'.-..'.\".. 13 26(1)-(2) Participation by other than eligible voters..'-..-'... ...-'....--...'.-.-..-. 14 27(1H7) Voting.......... ......\".'.'..'- 14 2St1)-(2) Order of business ............... \"\"\"-\"\"-\" 14

29 Govemanceprovisions...... ............... 15 29(1)-(2) Quorurn ...............-......15 29t3) Quorum for annual or special ge,neral meeting....... ......-............ 15 29(4)-(5) Eligible voters, strata arears and quorum.. ........... 15 29(6) Timingforannual generalmeeting....... ................16 29(7X8) Electronic attendance at meetings.. .....,..........\".\".... 16 Division 6- Voluntary Dispute Resolutions 30(l)-(3) Voluntary disprte resolution................ ................. 16 - Division 7 Additional Bylaws JZ Use of strata lot, limited common properxy and common propert)' ........,.......17 32(1) Use prohibitions on the use of strata }ot, LCP and common property .........,.. l7 32Q) Restrictions requiring prior approval of council ......................,. 19 34(1 ) 35(1) 35(2) 3s(3) 35(4)-(6) Towing rights.....\"..,.. ....--....-.............22 36(1I(4) Insurance and insurance deductible., ..................,..23 37(1X5) Indemnity.... ...-....-.......23 Division S Small Clainns & Indemnity - 38(1.)-{2) Authority for Small Claims Court Action .........,.-.24 39(l)-(3) Full indemniS legat costs and indemnity .............24 Ilivision 9- Privacy Policy 40(1X7) Privacy Policy .............24 40(8)-tl l) Electronic recording..... ..-........n..r..... .'........'.........26 40(12)-( 19) Accuracy & correction of personal infbrmation ....--....-.............76 40(20) Third party cornpliance with privacy policy..-...-.-. ..-.................27 40(21>{27) Access to personal information.. ......27 Division 10- Age & Rental 4l(lx7) Senior Oriented Complex...... ...........28 4t(8)-(10) Remedy for violation. .....-...............'.29 42 Rental Lirnitation 8y1aw.............. ...........,......,......29 42(1) 42(2) Rental Limitation ..'....29 4213) Period of Time for Rental '...'...\"....'..30 42t4) Procedure by Owner...,...... ......,......,.30 42(s) Procedure by Council... ...........'........3l 42(6) Application of Bylaw..... ..................3: 42{7} Bylaw Exemption to Family of Family Members..... ..,.,............31 42(8) Hardship.....- ................32 42(e) Rental Disclosure Statement Exernption.\". ....,,......32 42(10) Rernedy and Fines..... ........'..............33 43(l)-(2) Short Term Occupancy & Licencc Rcstriction .-.'..,....'....'....'....33 44 Severability '.'..'...-...'...33

.t PREAMBLE: These bylaws bind the Strata Corporation and the owners and Jenants to the same extent as if the bylaws had been signed by the Strata Corporation ald each owner and fenant. Owners are responsible for their tenauts, occupants and visitors. Tenants are responsible for their occupants and visitors. Unless otherwise stated, all terms have the same meaning as defined in the Strata Property Act, S.B.C. 1998, c. 43. For the purposes of these bylaws, a '\"Resident\" n'leans collectively, an owner, tenant and occupant and \"Resitlent$\" means collectively owners, tenants and occupants. AII Residents must comply stricfly with the bylarvs and rules of the Strata Corporation adopted from time to time. SCHEDULE OF BYLAWS OF TIIE OWNERS, STRATA PL{N VIS 4643 CAMPBELL RIVER, BC WHEREAS The Owners, Skata Plan \\4S 4643 (the \"strata Corporation\"), wishes to amend the bylaws of the Strata Corporationpursuant to the Strata Property lcr, S.B.C. 1998, Chapter 43; NOW THI:REFORE BE IT RESOLVED by 314 vote of the strata lots pursuant to section 128 of the Strata Property lcl, S.B.C. 1998, Chapter 43 thx: (a) all previous bylaws registered in the Victoria Land Title Offrce shall be repealed exc€pt for the fullowing: a. the pet bylaw 3.4(d) filed in the Victoria Land Title Office on October 8, 2010 under Instrument No. FB.377974 (the 'Histo5ical Pet Bylad') shall be amended by Consolidated Bylarv 3l and retained for grandfathering purposes; b. the age bylaw 6(1) filed in the Yictoria Land Title Office on December 19. 2001 under Instrument No. ESl1481l (the \"I{istorical Age Bylaw') shall be retained aad is reproduced as Consolidated Bylarv 41; and, c. the rental limitation bylaw filed in the Victoria Land Title Office on September 10, 2015 under Inshr:ment No. CA46665i9 and rstained (the \"Ilistorical Rental Limitation Bylaw\") shall be retained during the one year grace pcriod before the amended rental limitation bylaw set out in Consolidated Bylaw 42 applies to a strata lot; (b) the statutory Standard Bylaws shall be repealed; and, (c) the following bylaws shall be deemed to be the bylarvs of the Strata Corporation: Division I * Duties of Owners, Tenants, Occupants and Visitors Payment ol'strate fees I (1) An owler must pay stata fees on or before the first day of the month to which the strata fees relate.

2 (2) An ovvner of a strata lot must provide the skata Corporation with monthly collsecutive post-dated cheques representing strata fees for that strata lot during the fiscat year of the Strata Corporation, dated on the first day of each month. (3) All banking charges incurred by the skata corporation as a result of a payment being dishonoured by the owner's financial institution will be charged back to the owner in addition to any fine levied by the Strata Corporation. {4) If the Strata Corporation incurs legal or other costs in order to collsct strata fees or special ler.ies in relation to a strata lot, the owner of the strata lot will be responsible to reimburse the Strata Corporation lbr the full amount of the achral costs incurred by the Strata Corporation, including legal costs on a full indemnig basis. Interest charges (l) The strata coqporation may charge an owner **ro is late paying his or her st-rajta fees or special levy interest at the rate of 10% psr uumum, compounded annually. (2) Interest payable on a late payment of strata fees is not a fine and shall form pa* of the skata fees for the purposes of section 116 of the lcr. Repair and maintenance of property by owner (l) An owner must repair and maintain the owner's strata log except for repair and ilainteuarce that is the responsibility of the Strata Corporation under these bylav'rs. (2) An owner who has the use of limited common property must repair and maintain that limited cortmon property, except for repair and maintenance that is the responsibility of the Strata Corporation under these bylaws. Responsibility for alterations (3) The owner of a strata lot is respoasible at his or her expense to repair, nraintain, insure and replace an Alteration to his sr her strata lot or limited cortlmon property designated for his or her exclusive use even if the Alteration was installed by a previous owner and an Alteration & Indemnity Agreement does not exist. Reporting $) A Resident must folthwith report to the council or a person designated by it, any accident or injury, inse,ct infestation or failure of water pipes, toileg drains, fixfures, elec'trical wires or other fixturss located on the strata lot or cofitmon properfy, including limited common property; Use of property (1) A Resident or visitor must not use a strata lot, the commor property or cofilmon assets in a way that (a) causes a nuisanca, security risk, or hazard to another person; (b) causes unreasonable noise or uffeasoilably disturbs other Residents at any time, and in particular, between the hours of 1l:00 p.m. and 7:00 a.m.;

3 (c) unreasonably intErferes with the rights of other persons to use and enjoy the common propertyr cornmon assets or another strata lot; (d) is illegal; or, (e) is contrary to a purpose for which the strata lot or commou property is intended as sho$rn expressly or by necessary implication oR or by the stra& plan. (2) A Resident or visitor must not cause damage, other than reasonable wear and tear, to the common property, common assets or those parts of a strata lot which the Strata Corporation must repair and maintain under thesc bylaws or insure under section 149 of the lcr. (3) A Resident or visitor must not do or permit anything to be done that co::travenes any stahrte, ordinance'- or bylaw of any federal, provincial or municipal government authority or any other law. (4) A Resideirt must shut off all sources of continuously flowing water such as a toilet, dishwasher, washing machine or arly other similar tlpe of appliance or equipment when leaying the strata lot unoccupied for a period of seventy two {72) hours or rnore. Inform Strata Corporation (1) Within 2 rveeks of becomi*g an owner, an owuer must inform the Strata Corporation of the o$,ner's name, shata lot number, email addre.ss or mailing address outside the strata plan, if any, vehicle license plate number(s), proof that occupants are at least 55 years of age or older and may provide emergency contact information (z\\ On request by the Strata Corporation, a tenant must inform the Strxa Corporation of his or her name, strata lot number, email address, if any, vehicle license plate number(s) and provide evidence that any occupants are at Ieast 55 years of age or older Alterations to the strata lo! Iirnited common property and/or common property (l) An owner must obtain the written approval of the council before making an alteration that involves any of the following (the \"Alteration'): (a) the structure of a building; (b) the exterior of a building; (c) chimneys, stairs, balconies, patios or other things attached tcr 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; (0 cormron property located within the boundaries of a sfi'ata lCIt; (g) cofirmon property, inciuding limited coutmon property;

r! 4 (h) those parts of the strata lot which *re Srata Corporation must insure under section 149 of the A.ct including majgr interior alterations, but ericluding cosmetic changes, such as interior painting, hanging pictures and other interior decorative changes where permissiort is not required: (i) flooring changes within a sffata lot; 0) wiring plumbing, piping, heating, air-condifioning and other service facilities; or, (k) common assets\" {2) Flooring alterations: An owner must not change the flooring in his or her strata lot without rhe prior written pernission of council which may be granted subject to conditions regarding acoustioal standards and other conditions satisfactory to couneil. (3) Before proceeding with the Alteration, an ownsr must obtain written approval from council to the Alteration application containing the following: (a) details of the proposed Alteralion including the nature of the changqs, plans, specifications, a site plan and the proposed dimensionso materials, colours and finishings; (b) proposed acoustical standards and specifications for flooring changes; and, (c) any other docurnents or informatio4 that the council may reasonably require. (4) A 3/a vote of owners at a general meeting is required pu$uant to section 71 of the Act as a condition of approval if the council determines that the Alteration constitutes a significant change to the use or Bppearance of common property or land that is a common asset- (s) The council may appmve an Alteration, subject to the owner complying with one or more of the following conditions of approval: (a) execute an Alteration & Iudemnity Agreement satisfactory to council; (b) carry out the work usiug licensed qualified conuactors and professionals; (c) complete an hazardous materials survey and comply with rernediation recomrnendations from a qual ifi ed professional ; (d) ensure all contractors are registered with WorkSafeBC and are up-to-date paylng their premiums; (e) provide council wirh valid permits required by the authority having juristliction; (0 perform the work in a good and rvorkmanlike fashion and pursuant to applicable buildings codes, applicablg standards, laws and conditions of approval; (S) complete the work within a reasonable time frame; (h) perform the work drning the hours of 8:00 a.m. and 6:00 p.m.;

5 (i) obtain and maintain appropriate insurance for the Alteration; O rectify deficiencies in a timely fashion; (k) indemnify the Strata Corporation, its council, authorized agents and employees and save them harmless against any costs, expenses, claims or liability, present or future, whether known or unknown, related to the Alteration. application process, rvork, enrrironmental risks, defects, permits, resultant damage, Iiens or otherwise, including legal costs on a full indemnity basis; 0) assume responsibility for costs related to the Alteration, including constnrcti on. insurance, repair, maintenanee and repl acem ent oosts; (m) notify subsequent purchasers of the strata lot of the tsrms of the Alteration & Indemnity Agreement and require the purchaser to agree, in writing. to the terms of the Agreement. failing'which the owner will rcmove the Alteration at his or her expense; and, (n) any other conditions required in the opinion of council. (6) The council may grant written approval for an Alteration with or without conditions to proride reasonable accommodation to a person with a disability. (7) lf an existing Alteration requires replacernen! the orvner must obtain the prior rvritten approval of council in accordance with this bylaw. (8) If an Alteration has been installsd or constructed in violation of these bylaws (\"Unauthorized Alteration'), then the owner at his or her expenses shall correct, remove and/or restore the property as directed by council. (9) If an owner fails to conduct repair, maintenance, removal or other work within the time stipulated in a written notice from councii to that effect, then the Strata Corporation may carry out the work and charge all related costs to &at owner and tle owner shall be responsible to reimburse the Sffata Corporation for all such costs, including legal costs on a fi.rll indemnity basis. (10) The notice from the Strata Corporation to perform work shall constitute a work order for the purposes of sections 83, 84 and 85 of the lcr. (11) An owner in contraventioa of this bylaw may be subject to any available remedy under law including one or more of the following: (a) a stop work order, rectification ordeq demaad for costs or fines from the Shata Coqporation; (b) an order from a court or tribunal to: (i) stop wcrk; (i0 remove tha Alteration and restore the property in the discretion of couucil, including clean up and restoration costs; (ii| pay costs. expersss and frnes on a full indernnity basis; or, (iv) otherrelief.

Permit entry to strata lot ? (1) A Resident or visitor must allor.v a person authorized by the Strata Corporation to enter the strata lot: (a) in an emergency, without notice, to ensure safety or prevent significant loss or damage; and, (b) at a reasonable time, on 48 hours'written notice, to: (i) inspect repair s1 maintain common properry, 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 ofthelct; ar, (ii) to ensure compliance with the Act, rcgalations, bylaws and rules provided hat there are reasodable grounds to believe that a violation exists. (2) The notice referred to in subsection (1) (b) nrust include the date and approximate time of entry, and the reasor for entry. (3) An owner or tena&t who fails to provide access after the expiry of reasonable notice to that effect or in an emeigency situation where notice is not requireq shall be responsible for any damages related to sueh failure and the costs of the Strata Corporation to compel access, including legal costs on a full indemnify basis. Divlsion 2 Fowers and Duties of Strata Corporation - Repair and maintenance of properq by Strata Corporation S (l) The Strata Corporation must repair and mainmin all of the following: (a) common assets of the Strata Corporation; (b) coru,mon property that has not beeo designated as limited common property; (c) Iimited common property, but the duty to repair and maintain it is reskicted to: (r) repair and maintenance that in the ordinary course of events occuni less o&ea than once a year; and, (ii) the following, no matter how often the repair or maintenance ordinarily occurs: (A) the stmcture of a building; (B) the exterior of a building; (C) chimneys, stairs, balcories, patios and other things attached to the exterior of a building; (D) doors, windows and skytights on the exterior of a buildiirg or that front on the common propertll (E) fences, raiiings and similar structures that enclose patios, balconies and yards;

.1 (d) a strata lot in a strata plan that is not a bare land strata plan, but the duty to repair and maintain it is restricted to: (i) the struchne of a building, (ii) the exterior of a building, (iir) chimneys, stairs, balcouies. patios and other things attached to the exterior of a building, (iv) doors, windows and skylights on the exterior of a building or that front on the common property, (v) fences, railings and similar struchr€s that enclose patios, balconies and yards, and, (vD servicinggasfireplaces. Division 3 Council - Council size and eligibility 9 (l) The council must have at least 3 and not more than 7 memberc. (2) A spouse of an owner may stand for the council. Spouse includes a husband, wife or an individual who has lived and cohabited with the owner for a period of at least 2 years at tlre relevant time in a marriage-like relationship and includes a marriage-like relationship between persons of the sarne gender as the owner. (3) Only one person is eligible to run for election as a council member at any one tirne with respect to a particular strata lot. (4) No person shatt stand for council or continue to be on council if the Strata Corporation is entitled to register a lien against that person's strata lot under section 116(1) of theAcr (5) If a council member is unable to continue to be on council pursuant to subsection (4), then that council member is deerned to have resigned for the purposes of these bylaws and the remaining members of the council may replace that member pursuanttobylaw 12. Council members'terms 10 (1) The term of office of a council member ends at the end of the annual genepl meeting at which the new council is elected. {?) A person whose term as council member is ending is eligible for re-election. Removing council member 11 (l) The Strata Corporation may, by a resolution passed by a majority vote at an annual or speeial general meeting, remove ofle or more council members. The Strata Corporation must pass a separate resolution for each council member to be removed- g 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.

,8 {3} If the Strata Corporatioil 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 thesebylaws. R,eplacing council member l2 {1} If a council member resigns, or is unwilling or unable to act for a period of more than? montls, the remaining rnembers of the council may appoint a replacement council member for the remainder of the term. {2\\ A replacernent council member may be appointed from any person eli:gible to sit on thg council. (3) The council may appoiut a council member under this bylaw even if the absence of the member being replaced leaves the council w{thout a quofltrrl (4) If all the members of the council resign or are unwilling or urable to act for a period of 2 or more months, persons holding at least 25Yo of the Strata Corporation's votes may hold a speeial general meeting to elect a new council by complying with the provisions of the Act, the regulations and the b.vlaws respecting the calling and holding of meetings. 0fficers 13 (1) At the first meeting of the council held atter each annual general meeting of the Strata Coqporation, the council must elect, from among its members, a president, a vice president, a secretary, a treasurer and a privacy officer. (2) A person may hold more than one officb at a time, other than the offices of president and vice president. (3) Th$ vice presidant has the powers and duties of the president: G) rvhile the president is absent or is un*.illing or unable to aet; or, (b) if the president is rernoved; or', (c) for the remainder of the president's term if the president ceases to hold office. (4) The council may vote to remove an officer. (5) lf an officer. other than the president\" is unrvilling or unable to act for a period of 2 or more month$, the council members may appoint a replacement officer from among themselves for the remainder of the term. Calling council meetings t4 (1) Any council menaber 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. at The notice does uot have to be in w:riting. (3) A council meeting may be held on less than one week's notice if: (a) all council mernbers consent in advance of the meeting; or,

.9 (b) the meeting is required to deal wi$ an emergeney 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. (4) The council must inform owners about a council meeting as soon as feasible after the meeting has been called. Requisition of council hearing 15 (1) By application in wrifing, stating the reason for the request, an owner or tenant may request a hearing at a council meeting. (2) If a hearing is requested under subsection (1), the council must hold a meeting to hear the applicant within four (4) weelcs after the request. (3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a wrjtts-n decision within one (1) week after the hearing. Quorum of council 16 (1) A quorum of the council is: (a) 3, if ihe council consists of 3 or 4 members; (b) 3, if the council consists of 5 or 6 members; and, (c) 4, if the council consists of 7 rnembers. (2) Subject to any bylaws to the contrary, council members must be present in person at the council meeting to be counted in establishing quorum. Council meetings 17 (1) The council may meet together for the conduct of business, adjoura, and otherwise regulate its meetings as it sees fit. @ At the option of council, council nreetings may be lield by electronic meansr so long as all council membels and other participants can communicate with each other. (3) If a council meettrrg is held by electronic mearrs' council members are deemed to be present in person. (4) Despite subsection (4), no observers may attend those portions of a council meeting thatdeal with any of the following: (a) bylaw contravention hearings under section 135 of the;{c/; (b) rental restriction bylaw exemption hearings under section 144 of the Act; (c) in camera council meetings; or, (d) any other matters if the presence of observers would, iu the council's opilion, unreasonably interfere with an individual's privacy,

10 Voting at council meetings & email votes r8 (r) At council meefings, decisions must be made by a majority of council members present in person at the meeting. t2\\ If there is a tie vote at a council meetiug, the president may break the tie by casting a second, decidingvote. (3) The results of all votes at a courcil meeting must be recorded in the council meetirgminutes. (4) A vote on a resolution may be conducted by email subject to the following conditions: (a) all council members must respond to the request for an email vote by voting in favour of the resolutio-n,. voting against the resolution or abstaining and this vote shall be delivered to the Strata Cotporation email address as soon as practically possible after the date ofthe,reques[ (b) if a council member objects to the email vote or fails to respond to the request for an email vote, then the vote shall be postponed until the next duly convened council meeting; and, (c) the vote taken by email shall be recorded in the council minutes and disrributed to the owners as soon as feasible. (s) If a council meeting is held by email council members are deemed to be present in person and notice of the meeting is deemed to har.e been waived. Council to inform owners of minutes & notice procedures l9 (l) The council must inforrn owners of the minutes of all council meetings and ernail votes within 2 weeks of the meeting, whether or not the minutes have been approved, by making the miuutes available for viewing at the Strata Corporatio4's office ard circulating same via email to those owners who consent ia writing to this method of delivery and by any other delivery method set out in section 61 of fhe Act for the rernaining owners. Notice by email to the Strata Corporction @ For purposes of section 63 of the Act, the email address provided by the Srata Corporation for this purpose from time to time shall be used for email communicaticns required or permitted to be giVen under the Aci, bylaws or rules to the Strata Corporatio:r, including correspondence, notices, records or documents. (3) The email account will be checked at least once per week and responses to email inqriries will be processed at the next scheduled council meeting, excluding a request for a hearing pursuant to section 34.1 of the Aet, which will be addressed as soon as practically possible. (4) Every application, complaint or noticE to council for its consent or consideration must be in writing and delivered to the council in compliance with section 63(l) of the Act. The cormcil is not requked to deal with a matter brought to its attentisn in any other manner.

, 11 Delegation of councils pon'ers and duties Z0 (l) Subject tc subsections (2) to (4), the council may delegate some ot atl of its powers and duties to one or more council members or persons whc arp not members of the council, and may rer.oke the delegation. (2) The council may delegate its spending powers or duties, but only by a resolution ihat: (a) ilelegates the authority to make an expenditr:re of a specific amount for a specific purpose; or, (b) delegates the general authority to make expenditures in accordance with subsection (3). (3) A delegation of a general authority to make expendihrres must: (a) set a maximum arnount *rat may be sBent; and, (b) indicatethe pu{poses for which, or the conditions under which, the money may be spent. (4) The council may not delegate its powers to determine, based on the facts of a particular case, (a) whether a person has contravened a bylaw or nrle; (b) whether a persor should be fined, and the amount of the fine; (c) rvhether a person should be denisd access to a recreational facility or, (d) rvhether an owner should be granted an exemption from a rental restriction bylaw under section 144 of the Act Spending restrictions 21 (i) A person may not spend the Strata Corporation's money unless the person has been delegated the power to do so in accordance with these bylaws. (2) Despite subsection (1), a council member rnay spend the Strata Corporation's money to repair or replace cornmon property or common assets if the repair or replacement is irnmediately required to ensure safety or prevent significant loss or damage. Unapproved expenditnres (3) [f a proposed expenditure has not been put forward for approval in the budget or at an annual or special general meeting, the Strata Corporation may only make the expendinre in accordance with this bylaw. (4) Pursuant to subsection 98(2) of the AcL, the expenditure may be made out of the operating fund if the expendinre, together with all other unapprov6d expenditures, whetler of the same $rpe or not, that were made u*der this subsection iu the same fiscal year, is S25,000.00 or less, and the r)\\ryners zre informed of such expendihre as soon as practicallypossible aftersame is made.

12 Limitation on liability of council member 22 (l) 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 perforrnance or intendEd performance of any duty of the colncil. (2) Subsection (1) does not affect a council member's liability, as an owfler, frlr a judgment against the Strara Corporation. (3) A11 aca done in good faith by the council are, evefl if it is afterwards discovered that there vras some defect in &e appointrnent or continuance in office of a member of council. as valid as if the council member had been duly appointed or had duly continued in office. Indemnity of council menrber (4) Each courcil member shall be indemnified and saved harmless by the Strata Corporation against any and all liability and costs, including legal costs oa a frrll indemnity basis, for any acts or omissions while he or she was carrying out his or her duties as a member of the council. (5) Notwithstanding subsection (4), there shall be no indemnity if a council rnember is adjudged guilty of wilful misconduct, ,fraud, theft or wrongful exercise of authority in the perforrnance of hjs or her duties. Division 4 f,nforcement of Bylaws *nd Rules - Fines 23 (r) complain! right to answer and notice of decision (sectionl35 of the la) (a) The council must not impose a fine for a contravention of a bylaw or rule, require a person to pay the costs of remedying a conlravention or deny a person the use of a recreation facility unless the sffata corporation has received a complaint about the contravention and given the owner or tenant the particulam of the complaint, in writing, and a reasonable opportunity to answer the complain! including a hearing if requested by tke owner or tenant. (b) If the person is a tenaffn the Strata Corporation must give notice of the complaint to the person's landlord, to the owner, or to the ownetr's representative. (c) The Strata Corporation must promptly give norice in writing of a decisioa to the tenant or owner- (d) Once the requirements referred to in this secrion have been complied with, the co-uncil may impose a fine for a continuing contravention of that bylaw or ruIe without fruther compliance with this section, (2) Subject to compliance with subsecLion (l), the council, in addition to any other rights or remedies that it has available uuder larir, ma1, levy a fine in its sole and absolute discretion in an amount not to exceed a maximum of $500.00 for each cortraverttion of the rental limitation bylaw, $200.00 for each contravention of the

,13 remaining byiaws of the Strata Corporation and $50.00 for each contraventisn of a rule. (3) A late payment penalty may be assgssed against ar owner who is in default of payront of his or her strata fees or special levies in the amount of $25.00 for each and every month that payment remains in default. (4) The Strata Corporation may fine an owner if a bylaw or rule is contravened by the o\\f,trer, the owner's tenant, occupant or visitor'. (5) The Stata Corporation may fine a tenant if a bylaw or ruIe is contravened by the tenant or the tenant's occupant or visitor. (6) If the Strata Corporation fines a tenant or requires a tenant to pay the costs of remedying a contravention of the bylarvs or rules. the Streta Corporation may collect the fme or costs from the telant, the tenant's landlord or the owner, but may not collect an amount, that in total is greater than the fines or costs. (7) The maximum amount of a fine and the maximum frequency of imposition of a fine must not exceed the maximums $et out in the regulations to the.{cr. Remedy a contrevention (B) The Strata Corporation may do what is reasonably necessary to rernedy a confravention of the bylaws or rules, including: (a) doing work on or to a strata lot, the common properly or common assets; and/or, (b) removing objects from the commox property or common assets. (9) Subject to compliance with section 135 of lhe Act, the Sfata Corporation may require the reasonable costs of remsdying the contravention be paid by a person who may be fined for the contravention under these bylaws, and reasonable costs shall be deemed to include legal costs on a fulI indemnity basis. Continuing contravention 24 If an activity or lack of activiry that constitutes a contravention of a bylaw or rule continues, without intemrpdon, for longer than 7 days, a fine may be imposed every 7 days. Division 5 Annu*l and Special General Meetiags - Person to chair meeting 25 (1) Annual and special general meetings must be chaired by the president of the council. (2) tf the president of the council is unwilling or unable tc act, the meeting must be chaired by the vice president ofthe council. (3) If neither the president nor the vice president of,the council chairs the meeting, a chair must be elected from among those persons who are present at the meeting.

t' .14 Participation by other than eltgible voters 26 (l) Tenants and occupants may attend annual and special general meetings, whether or not they are eligible to vote. (2) Persons who are not eligible to vote, including tenants and occulants: (a) may participate in the discussion at the meeting, but only if permitted to do so by the chair of the meeting; and, (b) must leave the meeting if requested to do so by a resolution passed by a majority vote of owners present at the meeting. Voting 27 (1) At an annual or special general meeting voting cards must be issued to eligible voters- a) At an annual or special general meeting a vote is decided on a shorv of voting cards, unless a precise count is authorized by a majority vote of owners. (3) lf 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. t4) 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. (s) If there is a tie vote at an annual or special general meeting. the president or, if the president is absent or unable or unwilling to vote, the vice-president may break the tie by casting a second deciding vote. (6) Despite anything in this section, an election of the council must be held by secret ballot if the secret ballot is requested by an eligible voter, and any other vote must be held by secret ballot ifthe chair decides to hold a secret ballot or if a secret ballot is requested by a majority vote at the meeting. (7) An owner attending a general meeting by electronic means waives his or her rigbt to vote by secret ballot. Order of business 28 (1) The order of business at annual and special general meetings is as follows: (a) certifyproxies and corporate representatives and issue votingcards; (b) deteminethat there is a quorum; (c) elect a person to chair the meeting, if necessary; (d) present to the meeting proof of nodce bf meefing or waiver of notice; (e) approvethe agenda; (fl approve minutes from the last annual or special general meeting; (g) deal with unfinished business;

G , 15 (h) receive reports of council activities and decisions since the previous annual general meetiag, including reports of committees, if the meeting is an annual general meeting; (0 ratiff any new rules made by the Srata Corporation under section 125 of theAct; 0) report on insurance coverage in accordance with section 154 of the Act,\"if the rneetiag is an annual general meeting; (k) approve the budget for the coming year in accordance with section 103 of *te Act, if the meeting is an annual general meeting; (t) deal with new business, including any'matters about which notice has been given under section 45 of lhe Ac4 (m) elect a council, if the meeting is an anrrual general meeting; (n) terminate the rneeting. (2) The order of business at an annual or special geireral meeting set out in subsection (l) may be changed by a majority vote at the meeting. Governance provisions 29 Quorum (1) Business must not be conducted at an annual or special general mseting of the Strata Corporation unless a quorum is present. @ A quorum for an annual or special gener{ meeting of the Strata Corporation is t/3 of the eligible voters of the Strata Corporation, present in person or by proxy. Quorum for annual or special general meeting (3) If witbin 15 minutes from the time appointed for an annual or special general meeting a quorum is not present, the meeting shall be terminated if the meeting was convened upon the requisition of members, and in any other case, the meeting stands adjourned to 30 minutes fiom the time appointed for the meeting, and if at the end of that time a quorum is sfill not presant, the eligible voters present in person or by proxy shall be deemed to constitute a quonrm until the meetlng is terminated. Eligible voters, strata arrears and quorum (4) If the Strata Corporation is entitled to register a lie,n against a strata lot under section 116(l) of tbe Act, then the vote for that strata 1ot shall not be exercised at any arnual or special general meedng, except on matters requiring a unanimous vote. (s) If a vote for a strata lot may not be exercised pursuant to subsection (4) then that strata lot's vote rnust not be considered for the purpo$es of determining a quorum in accordance with section 48 of the Act or for the purposes of sections 43(1), 46(2) and 5l(3) of the lct.

16 Timing for annual general meeting (6) An annual general meeting of the Strata Corporation must be held no later than 2 months afterthe Shata Corporation's fiscal year end. Electronic attendance at meetings (7) A person who is eligible to vote may attend at an afinual or special general meeting by electronic means, including telephone, teleconference or any other method as determined by the chairperson of the meeting, so long as the method permits all persons participating in the meeting to communicate with each other during the meeting. (8) If an annual or special general meeting is held by elecronic means rvith a person, dre person is deemed to be present in person for the purposes of the meeting. Division 6 Voluntary llispute Resolution - Yoluntary dispute resolution 30 (1) A dispute among owners, tenurts, the Strata Corporation or any combination of them may tre 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 nlles. Q) A dispute resolution committee consists of: (a) one owner or tenant of the Strata Corporation nominated by each of the disputing pafiies and one owner of tenant chosen to chair the commiHee by the persons nominated by the disputing parties; or, (b) any number of persons consented to! or chosen by a method that is consented to, by all the disputing parties. (3) The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute. Division 7 Additional Bylaws: - Pets 3l (l) A Resident rnust not keep any pets on a residential strata lot other than the following: (a) one small dog weighing approximately 25 pounds at maturity or one cat; (b) a dog certifiod underttre Guide Dog and Setvice Dog Act; (c) a living assistance pet approved by council based on satisfactory medical evidence with or without conditions to comply with the Human Rights Code; and/or, (d) a pet living with a Resident in compliance with the Historical Pet Bylaw at the time this byiaw is passed and which continues to live there after this bylaw is passed.

17 tZ) Subject to subsectiou (1) all other wild, exotic, domestic or household pets are prohibited in a residential skata lot (a \"Prohibited Pet\"). (3) A Resident must register his or her pet with the council. (4) If, in the opinion of the couacil. a pet, (a) causes a nuisance; (b) constitutcsadangertoanyperson; (c) unreasonably disrupts the quiet enjoyment of other occupants; (d) causesunreasonable noise; or, (e) causes unreasonable damage to a strata lot, the comffron proporty or limited common properly; then council may require that the removal ofthat pet from the Strata Corporation if the pet is found to be problsmatic on not less than 3 separate occasions ('?roblematic Pet\") or the pet is found to be damgerous on one oceasion (\"Dangerous Pet'). (5) An owner or tenant shall remove or cause to be removed a Prohibited Peq Problematic Pet or a Dangerous Pet from the Strata Corporation within the time stipulated in a written demand to that eflecl (6) A Resident or a visitor shall: (a) ensure that dogs are under control and on a leash at all times while on commofi property or on land that is a common asset; (b) promptly clean up pet excrement and dispose of same in a sanitary manner; and, (c) not leave a dog tied up or unattendr:d af any tirne while on the common property or limited coslmon property. (7) An owner is responsible for the actions of his or her pet(s) and the pet(s) of his br her tenants, occupants and visitors. A tenant is responsible for the actions ofhis or her pet(s) and the pet(s) ofhis or her occupants and visitors. (8) An owner or teoant in violation of this bylaw may, in addition to fines, be subject to any remedy available to the Strata Corporation under law, including but not limited to fines. Use of the strata lot limited cornmon property and common property 32 (l) Use prohibitions on strata lot,limited common properly & common property A Resident or visitor shall not: (a) install hard swface flooring in a strata lot, [except in the kitchen, bathroom or foyer] without the prior written approved of council; (b) place or install a hot tub on the strata lot, Iimited common property or common property; (c) have a water bed in a strata lot;

18 (d) have a real or live Chrislmas tree in a strata lot (artificial Christmas tregs are perrnitted); (e) attach festive lighting to the external walls or roofusing nails, scrervs and staples; (f) permit anything to be done on the premises which will in any way increase the risk of fire or the mts of fire insurance premium on the building or on the property therein or that will be in breach of any law, order or regulation; (g) hang larmdry washing, towels, bedding. clothing or other artic.les on a patio, deck, common property or the Iimited cornmon property; (h) throw any items or shake or wring mops or dusters from patios, balconies, declis, windows, doors or any other portion of the strata lot, commor properryor the limited common properrli (i) place window coyerings, iucluding coloured or patternsd drapes, sheets, blankets, tin foil or other similar type of coverings, showing from the outside of the building in the windows, except for neutral colour and design, which are permitted; fi) use a deck, patio or balcony for storage of items, except for freestanding and self-contained planter boxes, and summer patio fumiture aud accessodes; (k) use a barbeque on a patio, deck or balcony at any time; (l) permit the patios or balconies to become unsightly, unsanitary or untidy; (m) do or pennit anything to be done that may cause damage to plants, flowers, lawns or other landscaped common area.s; (n) erect signs, fences, billboards, placards, advertising or any other fixiure, frtting or signage ofany kind whatsoever extemal to any part of a strata lot or the common property, except a temporary notice to sell a sffita lot of a size, style and location approved by the council and election signage permitted under federal, provincial or municipal legislation; (o) create a hazard or an umeasonable risk of fire due to an unreasonable accumulation of garbage. boxes, debris, tefuse or other items in a strata lot or otherwise permit a strata lot to become unsanitary; (p) store gasoline, gasoline containers, propane cylinders and large amounts of any combustible material in the strata lot or on common property, including limited common property; (q) feed wildlife including seagulls and crows from a strata lot. balcony or patio, comrnon property or limited cofilmon property at any time; (r) install, hang or display articles from the window, patio, balcony or other pafis ofths building so that they are visible from the exterior, excluding an air conditioaing unit which isperrnitted;

I9 (s) erect or display fixtures, avrnings, teler.ision autennae, satellite dish, poles, clotheslines, racks, storage sheds and other simiiar items psfinane[tly or temporarily on the strata lot, common propefiy or ths limited common propefry, excluding shades and screerx which are permitted witb the prior written pennission of council; (t) use the sidewalks, passages, common hallways, stairways, clevator or lobbies except for prnpose of ingress and egress and shatl not unreasonably obstruct, hinder or restrict these areas at any time. Restrictio:rs requiring prior approval of council Qj A Resident shall obtain ths prior written approval of the council before: (a) installing a shade or a screen cn a strata [ot, common property or the limited colnmon property; (b) making an Alteration to a strata lot, common propefry or limited common property; and, (c) chauging flooring in a strata lot. Smoking prohibition bylaw {3} A Resident or visitor is prohibited from smoking in the following areas: (a) in a strata lot; (b) on a patio, deck or balcony; (c) within six (6) metres of an exterior door, window or air intake; an4 (d) in the interior of the building, including the activity rooms, office, foyer, kitchen, telephone rooms, lobby, hallways, elevators, stairs, parkade, storage areas, common rooms and other interior common areas. (4) \"Smoking\" for the purposes of this bylaw, meaus releasing into the air gases, particles, or vapors as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion. electrical ignition or vaporization is kuman inhalation of the by-products, except when the combusting or vaporizing rnaterial contains no tobacco or nicotine and the purpose of inhalation is soleJy olfactory, such as, for example, smoke from incense. The terr \"Smoking\" includes, but is not limited to, tobacco smoking. smoking using elecbonic vapors, marijuana smoking, crack cocaine srnoking and other similar substances. (5) An owner is responsible to ensure that his or her tenants, occupants, visitors ald invitees comply with this bylaw. A tenant is'responsible to ensure that his or her occupants, visitors and inr,'itees comply with this bylaw. Moving 33 {r) A moving fee of one hundred dollars (3100.00) per move into a strata lot in the Strata Corporatioa shall be paid by the owner or tenant to the Strata Corporation prior to the date scheduled for the move.

I I 20 {2) The owner or tenant shall: (a) provide the Strata Corporation with at least seven (7) calendar days' notice prior to moving in or out of a strata lot; (b) only move in, move out or schedule furniture and/or equipment deliveries or removal during the hours of 8:30 a.m. to l0:00 p.m.; (c) be present or cause a represertative to be present at all times during the move; (d) contact a council member before and after the rnove to attend and inspect the common properfy skirrrays and hallways Ieading from the exterior of the building to the strata lot to determine whether any damage was caused by the move; and, (e) reimburse the Strata Corporation for the costs to remedy any damage to the common property caused by the move, including legal costs of a full indemnity basis- (3) An orvner, tenant or occupant or his or her agent must ensure during a move, delivery or removal that: (a) security of the building is rnaintained at all times; (b) elevator pads and appropriate blankets are used at all times to protect the elevator and common hallways from damage; (c) the elevator doors are not propped open or held open except by rhe \"open\" button on the button panel so as to avoid excessive wear and damage \"to the closing mechanism: (d) moving vans and/or trucks do not block the front entrance of the building and that access to the building by other owners, tenants or occupants and emergency vehicles is maintained at all times; (e) entrances to the building aad locked corlmon property doors are closed and locked after usage; (0 an authorized person remains stationed at the enhance door or at common property doors at all times when such doors are left unlocked or propped opea during the move, delivery or removal; (g) all personnel involved in the move, delivery or rernoval: (0 are informed of the appropriate routes through the commoa property; (i0 are accompanied to and from the strata 1o! and (iii) are supervised at all times while on the common property or the interior of a building; (h) packing materials, including moving boxes, padding and *rapping paperr are removed at his or her expense from the Stata Corporation as soon ps practically possible; and.

2t (0 the garbage bin located in the basement is not used for the disposal of packing materials and is used only for household trash. Garbage removal 34 (1) A Resident shall: (a) remove all household refuse from his or her strata lot to an area designated by the colncil for collection; (b) only place household rvaste in the gartage oontainers; (c) properly wrap all garbage in garbage bags and place it in containers located at the garbage collection area; (d) securely cover or tie receptacles or bags containing refuse for collection to prevent access by animals or birds; (e) place recyclables in a ssparate container and dispose of the same in the recycling bin provided by the Strata Corporation for this purposc; and, (f] rernove any garbage other than ordinary household refuse from the limiid commoil property or common property, at his or her expense, as soon as practically possible. Parking and motor vehicles 35 (1) A Resident and visitors shall not exceed thd speed limit of l0 km per hour on colnmon property roadways. Parking location (2) A Resident shall only park his or her motor vehicle in a parking space designated or assigned by council for this purpose. Parking restricdons and prohibitions (3) A R.esident or his or her visitor shatl not: (a) park on the comrnon property at sny time, except for the purpose of dropping off and picking up; (b) park in a fre lane; (c) park a commercial vehicle including a Eansport truck, logging truck, dump truck, bus or other similar vehicle on the common property except for the short term provision ofservices to the Strata Corporation or a strata lot; (d) park a rnotor vehicle which is leaking oil or other fluids on the common property or in a parking space, and if such leakage occurs. the owner or tenant is responsible for the clean-up within the timE provided in a notice to that effect from council, failing which the Strata Corporation may conduct the clean-up and charge back the related costs to the responsible olrngr or tenant; (e) store an uninsured, unregistered or unlicensed vehicle, including a car, truck, traililn motorcycls or other vehicle at any time on tlrc common

22 propefiy or lirnited coilrmon prop€rty without fnst providing council with proof of storage insurance; and, (f) carq/ out carpentry work or major repairs to a motor vehicle or other mechanical equipment on limited cofilmon property or on oommon propefiy except in the case of an emergency; (e) ,ivash a vehicle on the common propefiy or limited common property in a manner that causes a nuisance or unreasonably interlbres with the usE of these areas by other Residents; (h) use a parking stall for any purpose oiher than the parking of one motor vehicle ttrat fits within the dimensions of the parking stall; and, (i) park a motorcycle, motor home, recreational vehicle, trailer, camper, boat or any other recreational.vehicle in thi parkade, but may park same on the common property with the prior written approval of the council, which may be granted with conditions. Towing rights (4) The council shall provide written notice of any violation of this bylaw to the Resident and if the infiaction is not corrected within 24 hours from the date of delivery of such notice, the council, in addition to any otber rights which it may have, shall have the right to tow any vehicle which violates this bylaw. (5) Written notice of a further contravention of this bylaw is not required prior to towing in the event of a sErious safety violation or a second or subsequent infraction of this bylaw. (6) The owner or teirant who eaused or permitted the infraction of these bylaws shall indemni$r the Strata Colporation and save it hannless from and against all costs incurred by the Strata Corporation, including towing costs, legal costs, on a full indemnity basis, and any other reasonable costs. Insurance and insurance deductible 36 (l) The Strata Corporation shall obtain an independent appraisal of &e propelty from a qualified appraiser for the purposes of determining full replacement value pursuant to section lag(4Xai of the Act, and such appraisal shall be conducted at a time determined in the discretion of the council, p:ovided that the tirne period between each appraisal does not exceed 3 years. a) For purposes of section 149(4Xb) of the Act, the Skata Corporation shall obtain adequate insurance for other major perils on an annual basis if such coverage is available and is economically feasible, including: (a) oarttrquake insurance; (b) sewer backup; (c) flood; (d) theft or misappropriation of fuuds; and, (e) Director's and Officer's Liability lnsuraace.

23 (3) The payment of an insurance deductible in respect of a claim oil the Strata Corporation's insurance is a common expense to be contributed to b;, means of strata fees calculated and payable in accordance with sections 99(2) and 158(3) of theAct. (4) Strata Corporation approval is not required fbi a special levy or expenditures from the contingeney reserye fund to cover an insurance deductible required to be paid by the Strata Corporation to repair or replace damaged property, unless the Strata Corporation has decided not to repair or replace under section 159 of the lcl. Intlemnity 37 (1) An owner shall reimburse the Strata Coryoration for tl\"re expense of any repair, replacement. Ioss or damage to a strata loq common property, limited common property or the contents of sarne if that ovrner or his or her occupants! pets, visitofs, employees, contractors, agents, tenants or invitees is responsible, but only to the extent that such expense is not met by the proceeds received from any applicable insurance policy. (2) An owner shall be deemed to be responsible even if that owner is not negligent for ptrrposes of: (a) payment of the insurance deductible pursuant to section 158(2) of the Act where Strata Corporation insurar:ce is available; or, (b) the costs to repair damage to a skata lot ifl (i) the repair costs are less thbn the amount of the deductible; or, (ir) the repair costs are more than the amount of the deductible and insurauce is not available. (3) Without restricting the generality of the foregoing, an ownsr is responsible for: (a) any water escape or related damage from any appliance, fixture, equipment or other similar item located in that owner's strata lot and ac.cessible to that owner; (b) any damage arising out of any alteration or addition to the strata lot, the Iimited conrmon property or the common property installed by that owrer or a prior orvner of that strata lot; (c) any damage to property that an owner is required to repair and maintaia; an4 (d) any vicarious liability, loss or damage related to the consumption of alcohol on conlmor property by that owrler or his or her occupants, visitors, employees, contmstors, ageflts, tenants or invitees. t4) An orvner shall indemnify and save harmless the Strata Corporation from any cdst or expense for repair, maintenance or replacement to common property or limited common propeffy, including legal costs on a full indemnity basis, if the owner, or his or her tenants, occupants or pets is responsible for the damage, but only to the extent that such expense or cost is not reimbursed from the proceeds received by operation of any insurance policy.

t' 24 (5) A Resident is advised to obtain a personal insurance policy covering items set out in section 161 of the Act, including but not limited to the following: personal property, tiability, betternrents to the strata lot, alterations for which the owner respousible, living-out expenses, perils nat included or covered by the Shata Corporation policy and the insurance deductible portion of the insurance claim against the Strata Corporation's insurance oolicy if the owner is responsible for the loss or damage that gave right to the claim. Division 8- Small Claims & Indemnity Authority to hring Small Clalms Court Action 38 (1) Pursuant to section 171 ofthe,{cr, the council, on behalf ofthe Sfrata Corporation may commence a proceeding under the Small C.laims Act against an owner or otherperson to collect morsy owing to the Strata Corporation without at/tyate of olvners- (2) The council is authorized to commence leggl proceedings in the Small Claims Court against art owner or other person to collect money owing to the Strata Corporation including money owing as a fine. Full indemnity legal costs and indemnity {t) An owner who has failed to pay conrmon expenses, strata fees, special levies, interest, fires, or any other amount owing (the \"Arrears\") shall reimburse the Skata Corporation the actual costs ,incured to collect such Amears, including legal costs on a full indemnitybasis. {2) For puryoses of section 133(2) of the lct, \"reasonable costs of remedying the contravention\" of the Strata Corporation's bylaws or rules means actual legal costs on a full indemnity basis. (3) The Strata Corporation shall charge back the actual legal costs for the Arrears or the reasonable costs of remedying the contravention to the responsible owner or tenant and such amount shall be deemed to be due and payable by the responsible owner or tenant on the first of the following month following the date that the expense was incrmed, whether paid sr not. Division 9 Prir'*cy Policy - Privacy policy (1) The Strata Corporation is committed to protecting the personal information of Residents. (2) The Strata Coqporation collects personal information for the following reasonsl (a) to identiff and communicate with the Residents; (b) to process payments; (c) to respond to emergencies; (d) to ensure the orderly management of the Strata Corporation;

25 (e) to comply with legal requirements imposed by the lct and other applicable laws; an{ (f) to authorize the use of vidso and other surveillance to ensur€ the safoty and securit_v of the Strata Corporation's Residerits and their visitors. (3) Tlpically, the Strata Corporation collects the following information from or about Residents: (a) names, addresses, emails, phone numbers. vehicle licence plates and proof ofageo as applicable; (b) banking information; (c) emergencycontactinfonnation; (d) names of family members living with an owner or occupying a strata lot; (e) debts owed to the Strata Corporation by an owner; (q vehicledesoriptionllicenseplates;and, (g) pet infonnation. (4) Except where the Strata Corporation is legally authorized or consent is otherwise not required, the Strata Corporation will seek consent from a Resident before coilecting, using or disclosing personal infonnation. (s) Consent is not required in the following circurnstances: (a) collection of information pursuant to the lcr or any other law; (b) collection, use or discloswe of personal information of an CInployee of the Skata Corporation to establish, manage or termiuate the employment relationship provided that the employee is notified of the collection, use or disclosure; (c) recording the name and unit number or strata lot number of : (i) the rnover or seconder to a motion at a general meeting, unless that person withdraws his or her consent in which case he or she will not be permitted to move or second a motion; (ii) a person attending as a visitor at a council meeting; and, (ii} a eouncil member who is not in attendance at a council meeting; (6) The Stata Corporation will not collect\" use or disclose personal information of a Resident except for the identified purposes set out in this bylaw or as otherwise permitted by law without the Resident's consent which may be given either orally or in uniting. (7) Consent will be implied when ttre purpose of collecting, using or disclosing personal infbrrnation is considered obvious and the Resident voluntarily provides his or her personal information for that obvious purpose.

26 Electronic recording (8) A person shall not elechonically record a council meeting using an audio a*d/or visual recording device of any kind, unless the council authorizes such a recording by a majority vote of those council members present at the beginning of that meetiag. (9) A person, including the Strata Colporation, shall not electronically record a general meeting using an audio and/or visual recording device of any kind., unless the owners approve such a recording by a majority vote of eligible voters present at the meetiag in person or by proxy at the time the vote is taken. (10) Upon receipt of a written request from an authorized person, the Strata Corporation rvill disclose letters forming the subject matte,r of a complaint under rhe Act or the bylaws to a person who is the subject matter of that complaint. (11) The Strata Corporation will only collect, use or disclose the personal information that is necessary to fulfiII the identified purposes set out in this bylaw and will rlot collect use or disclose personal informatiol in other circumstances without the prior consent of the Rssident. Accuracy and correction of personal information (12) The Strata Corporation will make reasonable efforts to ensure that any personal infofiation collected, used or disclosed is accurate and complete. (13) If a Resident becomes awaxe that the personal iaformation under the Strata Corporation's coutrol needs to be corrected, then that Resident should advise the Strata Corpomtion about the correction iu writing, (14) lf the St*rta Corporation is satisfied that a Resident's request for correction is reasonable, then the Strata Corporation will as soon as reasonably possible thereafter: (a) correct the personal information; and, (b) send the corrected personal information to the Resi<lent and each organization which received disclosure of such information from the Strata Corporation in the year prior to the correction. (15) [f the personil information is not corrected, then the Strata Corporation must note on documents or records in its custody or control containing such personal information that the Strata Coqporation received a roquest for correction. (16) The Strata Coryoration does not require consenf to collec! use or disclose the following: (a) with respect to a strata lot owner, the owner's name, the strara lot address, the mailing address if different from,the strata lot address, the strata lot number and the unit entitlement of the owner's shata 1o! (b) infonnationaulhorized by a bylaw; (c) the names and addresses of mortgagees who have filed a Mortgagee's Request for Notificaticn;

27 (d) the nanaes of tenants of a strata loi, if any; (e) with respect to council members, the names and mailing addresses; (0 information for an investigation or a legal proceeding if collection with consent would compromise its availability or accuracy; ard, (g) information already available to *re public from any of the following: z telephone directory, a professional or business directory a registry or a printed or electronic publication. (17) Except where withdrawing consent would frusrate the perfonnance of a legal obligation, a Resident can withdraw consent at any time by giving ttre Strata Corporation reasonable notice. If consent is withdrawn, then the Skata Corporation will inform the person withdrawing consent of the likely consequences of taking that step. (18) The Strata Corporation will only retain personal infomration for as long as is necessary to fulfill the identified purposes or as long as is required for a legal or business purpose. If the information of a Reside,nt is used to help the Strata Corporation render a decision, the infonnation will be retained for a period of one (l year. ) (19) The Srata Corporation will implement reasonable security arrangements to prevent against risks associated with the improper collection, use or disclosure of personal information, including, but not limited to unauthorized access, cop)nng, nrodification or disposal of personal information. Third party complia*ce with privacy policy {20) If the Strata Coqporation retains another organiiation to do work for the Strata Corporation that involves personal infonnation, the Srata Coqporation musL (a) ensure that there is an agreement in place that commits that organization to adhere to its' privacy policy; and, (b) inform Residents of the agreement as soorl as feasible. Access to personal information (21) A Resident is entitled to access his or her own personal information under the Strata Coqporation's control and is entitled to kuow how that informarion has been used or disclosed. QZ) Any request by a Resident for access to his crher own penional information must be made in writing and directed to the Strata Corporation's privacy officer- (23) The Strata Corporation will respond to a written request within 30 days of receipt of the request and thE Strata Corporation may, in appropriate circumstances, extend the response petiod. Q4) [n providing a req)onse, the Strata Corporaiion will: (a) inform the requesting party whether he or she is entitled to arcess the requested information, and if access is denied, the reason for the denial; iltrd,

28 (b) provide the name and contact informatiou of the Strata Corporation's privacy officer who can aos\\r'er any questious about the rcsponse. (25) Subject to litigation privilege, solicitor/ciient privilege or a court order to the contrary, the Strata Corporation is not required to redact personal infcnnatiou or to edit out eertain information before pror.iding access to or copies of records or documents to an authorized person pursuant to sections 35, 36 and 59 of the lcr. (?6) The Strata Corporation may charge a fee for a copy of a record or document provided pursuant to this bylaw of not more than $.25lpage pumuant to Regulation 4.2 (L) of the Strata Property Regulations. {27\\ If a requesting person is not satisfied with a response from the Strata Corporation, then that pefson may address the matter with the British Columbia office of the Information and Privacy Conrmissioner. Division l0-Age & Rental Senior Oriented Complex 4l (l) The Strata Corporation desires a senior oriented complex and persons under the age of fifty frve (55) are prohibited from living in a strata lot on a permanent basis, excluding the following persons (an \"Exernpt Occupant\"): (a) a persou undpr the age of 55 who was residing in the strata lot at the time this bylaw was passed and who continuss to reside there after this bylaw was passed; (b) a Spouse under the age of 55 provided that the other spouse is 55 or older; (c) a person under ihe age of 55 who applies for and is granted written permission by the council to occupy a strata lot for medical reasons based on satisfactory medical or other evidence and such permission may be granted subiect to conditions. (2) \"Spouse\" mears: (i) a porson married to a tenant or owner, or, Gi) a person who has lived and cohabited with the tenant or owner for a period of at least 2 years at the relevant time, in a marriage-like relationship, including a marriage-like relationship between persons of the same gender. (3) A person, excluding an Exernpt Occupant, under the age of55 years shall not be permitted to reside in a strata lot (4) This bylaw conforms with the provisions of the f{uman Rights Code and sections 121(1)(c) wrdl}lp){c) of the Strata Properry Aa. (s) Visitors may stay in a strata iot who are under the age of 55 years for periods not to exceed 50 days in the calendar year. Lo'nger visits may be permitted under special circumstances only with the prior written approval of the council, such permission not to be unreasonably withhEld.

29 t6) An occupant, including an owner, te[ant, spouse of au owner or tenant, or a family member residiag in a stata lot shall provide adequate proof of age *.ithin a reasonable period of time after a written request from the Council. (7) All occupants of a strata lot must meet the criteria provided for in this bylaw, except those who ale exempt. Remedy for violation (8) Sh'ict compliance with this Age Restriction Bylaw is required to ensure that the desired lifestyle is achieved in the Strata Corporation. (9) An ownEr or tenant who permits a person to reside in his or her strata lot jn contravention of this bylaw shall be liable to a fine in the amount of 5200.00 for each seven day period that this Bylarv is being violated. (10) The Strata Corporation shall pursue any violation of this Age Restrictiorr Bylaw with all force of law, including, in addition to any other remedies, an application to the Civil Resolution Tribunal for orders to compel an o\\yner or tenant to comply with the bylaws and to reimburse the Strata Corporation any legal costs on a full indemnity basis incurred to compel compliance with the bylaws. Rental Limitation Bylaw 42 It is desirable to retain the Historical Rental Limitation Bylaw so that it will continue to apply on an unintenupted basis and avoid the application of section 143 of the lcl which grants a \"ons year grace period\" before any rental bylaw can take effect. The rental limitation bylaw filed in the Victoria l\"and Title Ofrice on September 10, 2015 under lnstrurnent No. CA4666519 (the \"Historical Rental Limitation By[aw\") shall be retained during the,one year grace period before the following amended rental limitation bylaw 42 applies to a stratra [ot. Upon the expiry of the one year grace period set out in section 143 of the lc;t for a strata lot, the Historical Rental Limitation Bylaw shall be deemed to be repealed and replaced with the following bylaw: Purpose of tte Rental Limitation Bylaw (1) The Strata Coqporation wishes to limit the number of strata lots that may be rented at any one time for the following reasons: (a) to protect the preferred lifestyle of the community by eucouraging owner- occupation of the residentisl strata lots; (bi to exclude speculators frorn purchasing strata lots for the purpose of rental and.ior resale; and, (c) to define the procedurre to be followed by the strata lot owner and the council in administering the said rental limitation. Rental Limitation @ Pursuant to Section 141 f the Act, and subject to any exemptions provided under the said Act,the number of residential skata lots within the Strata Corporation that may be leased or rented by the owrers at any one time is ten (10). For greater certairty, an exernpt sr,rata lot shall not be counted when determining whether the limit has been met.

30 (3) Period of Time for Rental (a) The council may restrict the period of time for which the strata lots may be leased orrented to a telIar}t pursuant to section 141(2xbxii) of the Act. (b) Prior to the expiry of the period of time imposed by the council pusuanr to subsection (3[a) hereto, furrher written approval of council to continue to rent rvill be required using the procedure and meeting the criteria set out in this bylaw, except the requiiement tb provide a Form K. (c) If there is a waiting lisf then this application will be placed at the bottom of the waiting list and addressed on a first-come, first-served basis. Ir firther approval to rent is not granted in writing by the councjl by the expiry date of period of time imposed pursuant to subsection (3)(a), then permission is deemed to have been rsvoked as of the said expiry date and the tenant must vacate the shata lot. (d) If the rental approval is not subject to a period of time restriction pursuant to subsectisn (3Xa) hereto, thea the ovmer may conrinue to re, rt or lease until a date that: (0 tke strata lot remains vacant for a period of ninety (90) cousecutive days without either a tenancy or a replacement tenancy if the existing tenant moves out; or, (ii) flre strata Iot is sold. (e) whon the rental period rcferred to subsection (3)(a) expires and is not renewed, then at that time, the approval to rent shall be revoked and the owner will be required to re-apply for permission to rent his or her strata lot using the same procedure and meeting the same criteria set out in this bylaw. Procedure by Owner (4) An owner who wishes to Iease or rsnr his or her strata lot shall: (a) apply in writing to the Strata Corporation for permission to lease in accordance with the prescribed limit and the application shall include the fotlowiug: (0 name(s). address(es), and telephone number(s) of all persons who intend to occupy the strata lot during the term of the lease and evidence that all occupanls comply with the age restriction bylaw; (ii) proposed temr of the lease; and, (iii) any other infomration or documents shall be provided as may reasonably be requested by the council; (b) prior to renting to a prospective tenant, comply with Section 146 of the Act by: (i) giving the prospective tEnant rhe current Bylaws and Rules (copies of the eurrent bylaws and rules rnay be obtained from the Council for a fee of $.25 per page mandated by Regulation a.2(l));

3l (i0 giving the tenant a Notice of Teaant's Responsibilities (Form K); and, (iir) providing the Strata Corpomtion with the Form K signed by the tenant within two weeks of renting the strata lot. (s) Procedure by Council (a) The Strata Ccrporation receiving an application from an owner to lEase or rent or to extend the period of time for a lease or a rental shall: (i) respond in writing to the owner within four (4) weeks after the date of the applicafion stating its decision to approve or reject the application to rent, and if rejected, the basis for the rejection of the application; and, (ii) deal with each application on a \"first comer first served\" basis in the order received. (b) An owner who has received permission to rcnt shall do so within ninety (90) days from the date the council grauted permission and during this said ninety (90) day period, the strata lot shall be deemed to be leased for purpases of the limitation set out in subsection (2). {c) If the tenant of ao ownsr who has received permission to lease or rent under the rental limitation vacates the shata lot, then subject to any restriction on the period of time for a rental set out in subsections 3(a) and (b) hcreto, the owner may re-rent the strata lot within the ninety (90) day period comrnencing on the date that the tenant vacated the stata lot and during the said ninety (90) day peiiod, the strata lot shatl be deemed to be leased for the purposes of the limit set out in subsection (2)\" If the owner fails to rent within this period, then permission to rent shall be revoked and the council shall proceed to the next applicant (d) Au orpner who is denied permission to rcnt for any reason or who wishes to reot may place his or her name on a waiting list for future consideration and their application will be addressed on a first come, first served basis in the order received usiug the procedure set out in this bylaw. Application of Byltw (6) This Rental Limitation Bylaw does rot apply to a strata lot until the later of: (a) one year after a tenant who is occupying the strata lot at the time the bylaw is passed ceases.to occupy it as a tenant; an{ (b) one year afterthe bylaw is passed. (7) Bytaw Exemption to Family or Family Members (a) This bylaw does not apply to prevent the rental of a strata lot to a member of the owner's farnily who complies with the age reskiction bylaw. (b) \"Family\" or \"Family Member\" means a spouse of the owner, a parent or child of the owner, or a parent or child of the spouse of the owner. \"spouse of the Owner\" includes an individual who has lived and cohabited

32 with the owner for a period of at least 2 years at the reler,'ant time, in a marriage-Iike relatioaship, including a marriage-like relationship between psrsolrs of the same gender. (8) Hardsfrip (a) Where the limit of leased strata lots established in this bylaw is reached, subject to any other statutory exceptions, no further rentals shall be permitted except on grounds that tlie bylaws cause a hardship to the owngr, (b) An owner may provide a written application to the Stata Corporation for permission to rent on grounds of hardship statlng the following: ii) the reason the owner thinks an exemption should be made; and, (ii) whether the owner wishes a heanlng. (c) The application of the owner should include documentation in support of the reasons for an exemption on g ounds of hardship, including satisfactory financial and other relevant documentation. (d) If the owner wishes a hearing, the Strata Corporation must hear the owner or the owner's agent within 4 weeks after the date the application is given to the .Strata Corporation. (e) An exemption is allowed if the Strata Corporation does not gir.e its dscision in writing to the owner: (i) if a hearing is held, within one week a{ter the hearing; (ir) if no hearing is requested, within 2 weeks after the application,is girren to the Strata Corporation; or (iiD the owner requests a hearing and the Skata Corporation does not hold a hearing within 4 weeks after the date the application is given to the Strata Corporatiou- (0 An exemption granted by the Strata Corporation under this provision may be for a limited time. (e) The Strata Corporation must not ur:reasonably refuse to gmnt an applicatioa for an exemption on grounds of hardship. Rental Disclosure Statement Exemption (9) Subject to the on€-year grace period, ifa strata lot has bean designated as a rental strata lot on a Rental Disclosure Statement and all the requirements set out in s. I 39 of the Act have been met, then this rental limitation bylaw does not apply to tlrat strata lot until the earlier of: (a) the date the strata lot is conveyed by the first owner of the strata lot other than the owner developer, and, O) the date the rental period expires, as disclosed in the Rental Disclosure Statement as it read on December 31, 2009.

33 (10) Remedy and Fines (a) An owner who rents or leases a strata lot in contravention of this bylaw may be subject to a fiae ia the discretion of the council in an amount not to excEed S500.00 for each 7 day period that the strata lot is rented in contravention of this bylaw. (b) A zero tolerance or strict compliance policy with respect to the Rental Limitation Bylaw is required to ensure the desired lifestyle is achieved in the Strata Corporation. The Strata Corporation is directed ro strictly enforce this bylaw against violating owners. (c) The Strata Corporation shall pursue a violation of this bylarv with ail force of law, including, in addition to any other remedies available uuder larv, an application to the Supreme Court or to the Trib'unal to compel ill owner or tenaff to comply with the bylaws. The owner shall reimburse the Strata Corporation for any costs, including legal ccsts, ou a flill indemnity basis incurred to compel compliance with this bylaw. Short Term Oecupancy & Licence Restriction 43 (l) A Resident shall not: (a) use ot permit his or her strata lot to be used far any purpose other than as a residential dw\"elling unit; (b) operate a home based business from a strata !ot, excluding a business which does not generaie traffic or reguire client attendances at the strata Iot; (c) use the strata lot for commercial, retail or non:residential purposes; and (d) permit a person to occutr y all or a portion of his or her strata lot pusuant to a short term occupancy or a licence affangement and for greater certainty, the following occupancies are prohibited: Airbub, hotel like occupancy, vacation rental, bed and breakfast house swap, time share, student horne stay or any other sirnilar type of occupancy arrangcment. (2) Short term ocqrpancy is delined as the rental of all or a portion of a stata lot on a short term or a trarrsient basis for a period of approximately thirty (30) consecutive days or less. Severability U The provisions of these bylaws shall be deemed independent and severable and the invalidity in whole or in part of any bylaw does not affect the validity of the remainiig bylaws, which shall continue in fuIl force and effect as if such invalid poftion had never been included herein ruIE END