9          (1) The council must have 3, 4 or 5 members.

(2) Only registered strata lot owners, or their spouses, may be elected to council. If a strata lot is owned by a corporation, only one representative of the corporation may be a council member at any one time with respect to that lot.

(3) No person may stand for council or continue to be on council with respect to a strata lot if the strata corporation is entitled to register a lien against the strata lot under Section 116(1) of the Act.

Council members' terms

10        (1) The term of office of a council member ends at the end of the annual general meeting at which a replacement is elected.

(2) Subject to Bylaw 9(3), a person whose term as council member is ending is eligible for reelection.

Removing council member

11        (1) The strata corporation may, by a resolution passed by a majority vote at an annual or special general meeting, remove one or more council members.

(2) 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 his/her term.

Replacing council member

12        (1) If a council member resigns or is unwilling or unable to act for a period of 2 or more months, the remaining members of the council may appoint a replacement council member for the remainder of his/her term.

(2) A replacement council member may be appointed from any person eligible to sit on the council.

(3) The council may appoint a council member under this section even if the absence of the member being replaced leaves the council without a quorum.

(4) If all the members of the council resign or are unwilling or unable to act for a period of 2 or more months, persons holding at least 25% of the strata corporation's votes may hold a special general meeting to elect a new council by complying with the provisions of the Act, the regulations and the bylaws respecting the calling and holding of meetings.

Officers

13        (1) At the first meeting of the council held after each annual general meeting of the strata corporation, the council must elect, from among its members, a president and a vice president, and may elect, from among its members, a secretary and a treasurer.

(2) A person may hold more than one office at a time, other than the offices of president and vice president.

(3) The vice president has the powers and duties of the president

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

(b) for the remainder of the president's term if the president ceases to hold office.

(4) If an officer other than the president is unwilling or unable to act for a period of 2 or more months, the council members may appoint a replacement officer from among themselves for the remainder of the term.

Calling council meetings

14        (1) Any council member may call a council meeting by giving the other council members at least one week's notice of the meeting, specifying the reason for calling the meeting.

            (2) The notice does not have to be in writing.

(3) A council meeting may be held on less than one week's notice if all council members either consent in advance of the meeting, or are unavailable to provide consent after reasonable attempts to contact them.

Requisition of council hearing

15        (1) By application in writing, 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 one month of the request.

(3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week of the hearing.

Quorum of council

16        (1) A quorum of the council is

                        (a) 2, if the council consists of 3 members, and

(b) 3, if the council consists of 4 or 5 members.

(2) Council members must be present in person at the council meeting to be counted in establishing quorum.

Council meetings

17        (1) At the option of the council, council meetings may be held by electronic means, so long as all council members and other participants can communicate with each other.

(2) If a council meeting is held by electronic means, council members are deemed to be present in person.

            (3) Owners may attend council meetings as observers.

(4) Despite subsection(1), no observers may attend those portions of council meetings that deal with any of the following:

(a) bylaw contravention hearings under section 135 of the Act;

(b) rental restriction bylaw exemption hearings under section 144 of the Act;

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

Voting at council meetings

18        (1) At council meetings, decisions must be made by a majority of council members present in person at the meeting.

(2) If there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote.

(3) The results of all votes at a council meeting must be recorded in the council meeting minutes.

Council to inform owners of minutes

19        The council must distribute photocopies of council meeting minutes to all owners, within 2 weeks of the meeting date, whether or not the minutes have been approved. Minutes may be delivered by mail, e-mail, or by facsimile.

Delegation of council's powers and duties

20        (1) Subject to subsection (2) to (4), the council may delegate some or all of its powers and duties to one or more council members or persons who are not members of the council, and may revoke the delegation.

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

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

(b) delegated the general authority to make expenditures in accordance with subsection (3).

(3) A delegation of a general authority to make expenditures must

(a) set a maximum amount that may be spent, and

(b) indicate the purposes for which, or the conditions under which, the money may be spent.

(4) The council may not delegate its powers to determine, based on the facts of a particular case,

                        (a) whether a person has contravened a bylaw or rule,

                        (b) whether a person should be fined, and the amount of the fine, or

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

(5) In the event of an emergency, the resident manager, or another person authorized by the strata council, may proceed with any action deemed necessary in order to remedy the situation at least on a temporary basis, until further authorization is obtained from the council.

Spending restrictions

21        (1) A person may not spend the strata corporation's money unless the person has been delegated the power to do so in accordance with these bylaws.

(2) Despite subsection (1), a council member may spend the strata corporation's money to repair or replace common property or common assets if the repair or replacement is immediately required to ensure safety or prevent significant loss or damage.

(3) The council may not authorize non-budgeted, non-emergency expenditures from the operating fund which, in total with all other non-budgeted expenses during a fiscal year, exceed $1,000, without the unanimous consent of all owners.

Limitation on liability of council member

22        (1) A council member who acts honestly and in good faith is not personally liable because of anything done or omitted in the exercise or intended exercise of any power or the performance or intended performance of any duty of the council.

(2) Subsection (1) does not affect a council member's liability, as an owner, for a judgement against the strata corporation.

(3) The strata corporation shall obtain and maintain errors and omissions insurance for the strata council, in an amount not less than $2,000,000.

Division 4 - Enforcement of Bylaws and Rules

Maximum fine

23        (1) The strata corporation may fine an owner or tenant a maximum of

(a) $200 for each contravention of a bylaw,

(b) $50 for each contravention of a rule.

(2) Before enforcing a bylaw or rule, the strata corporation must give an owner or tenant a written warning, and allow the owner or tenant reasonable time to comply with the bylaw or rule.

Continuing contravention

24        If an activity or lack of activity that constitutes a contravention of a bylaw or rule continues, without interruption, for longer than 7 days, a fine may be imposed for each subsequent 7 day period during which the contravention of the bylaw or rule continues.

Division 5 - Annual and Special General Meetings

Person to chair meeting

25        (1) Annual and special general meetings must be chaired by the president of the council.

(2) If the president of the council is unwilling or unable to act, the meeting must be chaired by the vice president of the council.

(3) If neither the president nor the vice president of the council chairs the meeting, a chair must be elected by eligible voters present in person or by proxy from among those persons who are present at the meeting.

Participation by other than eligible voters

26        (1) 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 occupants, may participate in the discussion at the meeting, but only if permitted to do so by the chair of the meeting.

(3) Persons who are not eligible to vote, including tenants and occupants, must leave the meeting if requested to do so by a resolution passed by a majority vote at the meeting.

Voting

27        (1) In accordance with Section 53(1) of the Act, at an annual or special general meeting, each strata lot has one vote.

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

(3) At an annual or special general meeting a vote is decided on a show of voting cards, unless an eligible voter requests a precise count.

(4) If a precise count is requested, the chair must decide whether it will be by show of voting cards or by roll call, secret ballot or some other method.

(5) 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.

(6) If there is a tie vote at an annual or special general meeting, the president, or, if the president is absent or unable or unwilling to vote, the vice president, may break the tie by casting a second, deciding vote.

(7) Despite anything in this section, an election of council or any other vote must be held by secret ballot, if the secret ballot is requested by an eligible voter.

(8) Subject to Sections 28(2) and 53(2) of the Strata Property Act, an owner will not be entitled to vote at general meetings except on matters requiring a unanimous vote, if the strata corporation is entitled to register a lien against that owner’s strata lot under Section 116(1) of the Strata Property Act.

Order of business

28        The order of business at annual and special general meetings is as follows:

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

                        (b) determine that there is a quorum;

(c) elect a person to chair the meeting, if necessary;

(d) present to the meeting proof of notice of meeting or waiver of notice;

(e) approve the agenda;

(f) approve minutes from the last annual or special general meeting;

(g) deal with unfinished business;

(h) receive reports of council activities and decisions since the previous annual general meeting, including reports of committees, if the meeting is an annual general meeting;

(i) ratify any new rules made by the strata corporation under section 125 of the Act;

(j) report on insurance coverage in accordance with section 154 of the Act, if the meeting is an annual general meeting;

(k) approve financial statements, and approve the budget for the coming year in accordance with section 103 of the Act, if the meeting is an annual general meeting;

(l) deal with new business, including any matters about which notice has been given under section 45 of the Act;

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

(n) terminate the meeting.

Division 6 - Voluntary Dispute Resolution

Voluntary dispute resolution

29        (1) A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if

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

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

(2) A dispute resolution committee consists of

(a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or

(b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties.

(3) The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

Division 7 - Local Bylaws

Renting & occupancy by non-owners

30        (1) Prior to renting a strata lot, or allowing non-family members to occupy a strata lot, an owner must provide the strata council or resident manager with a completed ‘Occupancy Notification Form.’ Such notice may be delivered in person, by facsimile, or by e-mail.

The purpose of the form is to notify the strata council and resident manager of a change in occupancy, and to allow the resident manager to introduce him/herself, deliver a copy of the bylaws, and answer any questions the guest may have regarding pets, moorage, parking, common property, quiet time, etc.

(2) A repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant that seriously interferes with another person’s use and enjoyment of a strata lot, the common property, or the common assets is an event that allows the strata council to give the tenant a notice terminating the tenancy agreement under section 36(1) of the Residential Tenancy Act.

House-keeping & outward appearance

31        (1) Only window coverings of a white or beige colour may be used on strata lot windows. Owners wishing to use window coverings other than white or beige must line them so that they appear white or beige from outside the strata lot.

(2) No material of any kind may be draped on or over a deck, railing or fence without prior written approval of the strata council.

(3) Garage overhead doors must be kept closed when not in use.

(4) With the exception of arrival and departure, all boats and boat trailers must be kept in a garage with the garage door being kept closed.

(5) All bicycles and/or toys must be parked inside garages or court yards.

(6) Owners wishing to sell or rent their strata lots shall not permit any ‘for sale’ or ‘for rent’ signs of any kind to be placed anywhere within or upon the strata lot, including inside or outside the windows, or anywhere upon the common property or limited common property, except on the sign-boards provided by the strata corporation.

(7) No signs, notices, billboards, placards or other advertising matter shall be placed or displayed on any part of a strata lot, limited common property, or common property, except as approved in writing by the strata council and in a manner designated by the council.

(8) Garbage cans, garbage bags, and recycling bags are not to be kept outside the strata lot, where visible from the exterior, except to be set outside for collection, on the day of collection, or the evening immediately prior to the day of collection.

(9) Christmas lights and decorations must be removed no later than March 31^st, and be installed no earlier than November 15^th.

Parking

32        (1) Except for the designated parking areas, no vehicles are to be parked on the common roadways within the complex unless prior permission is received from the resident manager or strata council.

(2) No unlicensed vehicles are to be parked on common roadways, driveways, or parking areas. These vehicles must be parked in a garage.

(3) Owners and tenants are responsible for ensuring that their vehicles, and the vehicles of their guests, do not spill oil, grease, or other fluids onto common property. The manager or strata council may order that the area under a vehicle be cleaned and, if not attended to within a reasonable amount of time, may arrange for cleaning, and the cost shall be the responsibility of the strata lot to which the vehicle is associated.

(4) After first attempting to contact the owner of a vehicle parked in violation of the parking bylaws, the resident manager or a strata council member may arrange to have the vehicle towed.

(5) Recreational vehicles including campers, trailers and the like are not allowed on common property without council approval, except for temporary daytime loading and unloading. No vehicle shall be used for living or overnight accommodation.

Marina

33        (1) Docks and boat lifts are for the sole use of strata lot owners, and those persons occupying their strata lots.

(2) Only DNR/Leisure boat lifts, or boat lifts approved by the strata council, may be installed in the marina.

(3) Strata lot owners are responsible for their boat lifts, and for all associated maintenance and insurance.

(4) A strata lot owner may transfer ownership of a boat lift with the ownership transfer of the strata lot.

(5) Moorage is only allowed in the designated areas.

(6) All boats moored at the marina are moored at the boat owner's risk, and the strata corporation shall not be responsible for any loss sustained to and by any boat. If a boat breaks loose from moorage, and the owner cannot be found quickly, the strata council or resident manager has the right to have a local marina remove the boat from the water and take it to their compound at the owner's expense.

(7) Each boat owner is responsible for safe mooring of his own boat. If the boat owner is not sure about the proper securing procedure, the resident manager should be consulted before the boat is placed in the water.

(8) Daytime moorage is restricted to designated areas. The far end of the dock is intended for very short term moorage and loading/unloading.

(9) Overnight visitor moorage requires approval of the strata council or resident manager.

(10) The use or operation of motorized boats or water craft is not permitted in the swim area.

(11) To avoid injury docks should be kept free of foreign objects and personal belongings.

(12) No glass is permitted on the beach or docks.

Insurance & deductibles

34        (1) No owner may commence or proceed with an insurance claim that may affect, or result in a claim on, the common insurance policy held by the strata corporation without first obtaining the written consent of the council. Any and all personal insurance claims must be reported to council even if the claim is not anticipated to effect the common insurance policy.

(2) In the event that loss or damage occurs to common property or limited common property, common assets or within a strata lot that gives rise to a valid claim under the strata corporation's insurance policy, it is agreed and understood that:

If the origination of the loss is within the interior confines of an individual strata lot, the deductible of the strata corporation's policy relative to the loss shall be paid by the strata corporation, and shall be reimbursed to the strata corporation within sixty (60) days by the individual strata lot owner in whose lot the cause of the damage originated.

The foregoing will also hold true if the careless, negligent or inattentive acts of a strata lot owner causes damage outside the strata lot and the origination of the loss is anywhere on the premises.

In the event that an owner or any member of their family or their guests, servants or agents cause damage to common property, limited common property or common assets and the damage so caused is not covered by insurance, the strata lot owner shall be held responsible for such loss and promptly reimburse the strata corporation for the full costs of repair or replacement of the damage done.

In such circumstances and for the purposes of this bylaw, any insurance deductible paid or payable by the strata corporation shall be considered an expense not covered by the proceeds received by the strata corporation as insurance coverage and shall be charged to the owner and shall be added to and become part of the assessment of that owner for the month next following the date on which expense was incurred, and shall become due and payable on the date of payment of the monthly assessment if not previously paid.

The only exception to the foregoing is where loss originates from the rupture or malfunction of a permanent public supply line or sewer system that extends from common property into an individual strata lot, in which case the deductible shall be the responsibility of the strata corporation. It is further agreed and understood that where any loss or damage originates from "common property" as defined in the Strata Property Act and is not the responsibility of a strata lot owner as previously defined, the deductible shall then be the responsibility of the strata corporation.

Damage to personal property of an owner or occupant of the strata lot, together with any upgrading, substituting or improvements or betterments to the unit that have been made or acquired by the present owner from those originally installed shall be the responsibility of the owner, and shall be insured against by the owner. An owner shall provide proof of such insurance to the strata corporation, upon request of the strata corporation.

Pets

35        (1) An owner, tenant, occupant or visitor may keep pets only if the following conditions are observed:

(a) Pets are to be kept under full care and control at all times, and are not permitted to be at large or unattended while on common property or limited common property;

(b) No owner shall permit any pet under his/her control to unreasonably disturb (whether by way of noise or otherwise) or unreasonably interfere with the use and enjoyment by other owners, tenants and occupants, of the strata lots, common property or common assets of the strata corporation.

(c) The pet owner is responsible for ensuring that the pet does not defecate upon or foul the common property or limited common property, and must promptly clean up after the pet;

(d) Pets are not allowed on the docks, or on the beach.

(2) An owner, tenant or occupant must not keep any pets on a strata lot other than one or more of the following:

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

(b) a reasonable number of small caged mammals;

(c) up to 2 caged birds;

                         (d) one dog or one cat.

Interior suites

36        An owner, tenant or occupant may not install, or permit to be installed, a self-contained suite within a strata lot, to permit two family separate accommodation.

Satellite dishes

37        Satellite dishes will only be allowed in a designated area by the garage of strata lot 1, with a feed provided to each strata lot from this location. The installation of satellite dishes at alternate locations will not be allowed.

Click to view the Projected Budget

Paddlewheel Villas

Bylaw 30(1) - Occupancy Notification Form

March 2004

I/we, the owner(s) of strata lot _______, would like to notify you that non-family members will be occupying my/our strata lot. Please ensure our guests receive a copy of the bylaws and rules of conduct for Paddlewheel Villas.

I/we prefer that these documents be delivered:

____ upon arrival, _____ in advance.

If advance, I/we request that these documents be dispatched:

____ by mail, ____ by facsimile, ___ by email.

To:___________________________________________________________________________

     ___________________________________________________________________________

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Guest Contact Person: _________________________________________

Anticipated Arrival Date: _________________ Anticipated Departure Date: ___________________

Anticipated Number of Adults: ____                      Anticipated Number of Children: ____

Require Boat Moorage: ____ Yes, ____No. Permission to Use My/Our Boat Lift: ___ Yes, ___ No.

Make and Model of Boat, if Known: ________________________________________

Approximate Number of Vehicles: ______           Make(s)/Model(s), if Known _____________________

Please Deliver to Resident Manager

By Hand: Unit #1

By Facsimile: (250) _____________

By E-Mail: don@vernonrealestate.com