EIGHT WEST (A)

STRATA PLAN – EPS 1160

BYLAWS
(Last updated at the June 13, 2017, AGM)

Please find attached a copy of the Bylaws and / or amendments for

Strata Corporation EPS 1160

These Bylaws are provided on a “without prejudice” basis. If you

require Bylaws for legal purposes, we recommend you obtain an exact
copy of the Strata Corporation’s registered Bylaws from the Land
Titles Office and consult professional legal counsel regarding their
content.

THE WYNFORD GROUP

Managing Agents for
Strata Plan EPS 1160
 STRATA PLAN EPS 1160 – EIGHT WEST

BYLAWS

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

Payment of strata fees

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

Repair and maintenance of property by owner

2 (1) An owner must repair and maintain the owner's strata lot, except for repair and
maintenance that is the responsibility of the strata corporation under these bylaws.
(2) An owner who has the use of limited common property must repair and maintain it, except
for repair and maintenance that is the responsibility of the strata corporation under these
bylaws.

Use of property
3 (1) An owner, tenant, occupant or visitor must not use a strata lot, the common property or
common assets in a way that:
(a) causes a nuisance or hazard to another person,
(b) causes unreasonable noise,
(c) unreasonably interferes with the rights of other persons to use and enjoy the common
property, common assets or another strata lot,
(d) is illegal, or
(e) is contrary to a purpose for which the strata lot or common property is intended as
shown expressly or by necessary implication on or by the strata plan.
(2) An owner, tenant, occupant or visitor must not cause damage, other than reasonable wear
and tear, to the common property, common assets or those parts of a strata lot which the
strata corporation must repair and maintain under these bylaws or insure under section 149
of the Act.
(3) An owner, tenant, occupant or visitor must ensure that all animals are leashed or otherwise
secured when on the common property or on land that is a common asset.
(4) 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.
(5) An owner, tenant or occupant must not install festive lights before December 1st. Festive
lights must be removed before January 15th, of any given year.
(6) An owner, tenant, occupant or visitor must not consume any alcohol beverages on the
common property of the stairwells, garage / parkade or the common hallways of the Strata
Corporation.
Inform strata corporation
4 (1) Within 2 weeks of becoming an owner, an owner must inform the strata corporation of
the owner's name, strata lot number and mailing address outside the strata plan, if any.
(2) On request by the strata corporation, a tenant must inform the strata corporation of his or
her name.

Obtain approval before altering a strata lot

5 (1) An owner must obtain the written approval of the strata corporation before making an
alteration to a strata lot that involves any of the following:
(a) the structure of a building;
(b) the exterior of a building;
(c) chimneys, stairs, balconies or other things attached to the exterior of a building;
(d) doors, windows or skylights, on the exterior of a building, or that front on the
common property;
(e) fences, railings or similar structures that enclose a patio, balcony or yard;
(f) common property located within the boundaries of a strata lot;
(g) those parts of the strata lot which the strata corporation must insure under section 149
of the Act.
(2) The strata corporation must not unreasonably withhold its approval under subsection
(1), but may require as a condition of its approval that the owner agree, in writing, to take
responsibility for any expenses relating to the alteration.
(3) This section does not apply to a strata lot in a bare land strata plan.

Obtain approval before altering common property

6 (1) An owner must obtain the written approval of the strata corporation before making an
alteration to common property, including limited common property, or common assets.
(2) The strata corporation may require as a condition of its approval that the owner agree, in
writing, to take responsibility for any expenses relating to the alteration.

Permit entry to strata lot

7 (1) An owner, tenant, occupant or visitor must allow 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 inspect, repair or maintain
common property, common assets and any portions of a strata lot that are the
responsibility of the strata corporation to repair and maintain under these bylaws or
insure under section 149 of the Act.
(2) The notice referred to in subsection (1) (b) must include the date and approximate time of
entry, and the reason for entry.

Division 2 -- Powers and Duties of Strata Corporation

Repair and maintenance of property by strata corporation

8 The strata corporation must repair and maintain all of the following:
(a) common assets of the strata corporation;
(b) common property that has not been designated as limited common property;
(c) limited common property, but the duty to repair and maintain it is restricted to:

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 (i) repair and maintenance that in the ordinary course of events occurs less often than
once a year, and
(ii) the following, no matter how often the repair or maintenance ordinarily occurs:
(A) the structure of a building;
(B) the exterior of a building;
(C) chimneys, stairs, balconies and other things attached to the exterior of a
building;
(D) doors, windows or skylights, on the exterior of a building or that front on the
common property;
(E) fences, railings and similar structures that enclose patios, balconies and yards;
(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 structure of a building,
(ii) the exterior of a building,
(iii) chimneys, stairs, balconies and other things attached to the exterior of a building,
(iv) doors and windows on the exterior of a building or that front on the common property,
and
(v) fences, railings and similar structures that enclose patios, balconies and yards.

Division 3 -- Council

Council size
9 (1) Subject to subsection (2), the council must have at least 3 and not more than 7 members.
(2) If the strata plan has fewer than 4 strata lots or the strata corporation has fewer than 4
owners, all the owners are on the council.

Council members' terms

10 (1) The term of office of a council member ends at the end of the annual general meeting at
which the new council is elected.
(2) A person whose term as council member is ending is eligible for reelection.

Removing council member

11 (1) Unless all the owners are on the council, 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 the
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 the 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.

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 (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, a vice president,
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:
(a) all council members consent in advance of the meeting, or
(b) the meeting is required to deal with an emergency situation, and all council members
either:
(i) consent in advance of the meeting, or
(ii) are unavailable to provide consent after reasonable attempts to contact them.
(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 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) 1, if the council consists of one member,
(b) 2, if the council consists of 2, 3 or 4 members,
(c) 3, if the council consists of 5 or 6 members, and
(d) 4, if the council consists of 7 members.
(2) Council members must be present in person at the council meeting to be counted in
establishing quorum.

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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 (3), 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) Unless there are only 2 strata lots in the strata plan, 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 inform owners of the minutes of all council meetings within 2 weeks of the
meeting, whether or not the minutes have been approved.

Delegation of council's powers and duties

20 (1) Subject to subsections (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) delegates the authority to make an expenditure of a specific amount for a specific
purpose, or
(b) delegates the general authority to make expenditures in accordance with 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.

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.

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 (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.

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 judgment
against the strata corporation.

Division 4 -- Enforcement of Bylaws and Rules

Maximum fine
23 The strata corporation may fine an owner or tenant a maximum of:
(a) $200.00 for each contravention of a bylaw, and
(b) $50.00 for each contravention of a 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 every 7 days.

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 the 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) At an annual or special general meeting, voting cards must be issued to eligible voters.
(2) 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.
(3) 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.

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 (4) 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.
(5) 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) If there are only 2 strata lots in the strata plan, subsection (5) does not apply.
(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) Notwithstanding Section 48(3) of the Act, if within 15 minutes from the time appointed for
an annual or special general meeting a quorum is not present, the eligible voters present in
person or by proxy constitute a quorum.

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 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.

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

Division 7 -- Marketing Activities by Owner Developer

Display lot
30 (1) An owner developer who has an unsold strata lot may carry on sales functions that relate
to its sale, including the posting of signs.
(2) An owner developer may use a strata lot, that the owner developer owns or rents, as a
display lot for the sale of other strata lots in the strata plan.

Division 8 -- Types of Strata Lots

Types
31 (1) The strata lots within the strata plan are designated as certain types of strata lots as follows:
(a) Strata Lots 1 to 79 will be designated as residential strata lots;
(b) Strata Lots 80 and 81 will be designated s commercial strata lots; and
(2) These bylaws shall not be amended by the owners to:
[i] prohibit, restrict or impair the ability of an owner of a commercial strata lot from
fully using those strata lots for commercial purposes, provided such uses are in
accordance with applicable governmental zoning bylaws in effect from time to time;
and
[ii] restrict or impair the ability of an owner of a strata lot to rent such strata lot.

Division 9 -- Miscellaneous

Insurance Deductible
32 (1) An owner shall indemnify and save harmless the strata corporation EPS 1160, Eight West, from
the expense of any maintenance, repair or replacement rendered necessary to the common
property, limited common property, common assets, or to any strata lot by the owner’s act,
omission, negligence, responsibility or carelessness or by that of an owner’s visitors, occupants,
guests, extent that such expense is not reimbursed from the proceeds received by operation of any
insurance policy. In such circumstances, and for the purpose of the 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 will be charged to the
owner.

(2) Bylaw 32 (1) does not limit, in any way the ability of the strata corporation to sue an owner
pursuant to section 158 (2) of the Strata Property Act.

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Fire Testing and Inspection
33. Failure to provide access to your Strata Lot on the scheduled date of the annual fire test(s) and
inspection(s) and / or any subsequent scheduled dates will result in your Strata Lot account be
fined $50.00 for each failure to provide access.

Vehicle Insurance
34. Only vehicles with current liability insurance of two million dollars in force shall be permitted to
park on common property. Storage of vehicles with current liability insurance coverage is
permitted only in designated / assigned parking stalls. Current liability insurance must be clearly
displayed on the vehicle’s dashboard or displayed by attaching to the vehicle in a reasonable
manner. Vehicles not clearly displaying current liability insurance will be subject to the automatic
removal of such vehicle(s) without further warning and at the Owner’s expense.

Vehicles & Parking

35. (1) A resident shall use the parking space(s) which has (have) been specifically assigned to his/her
strata lot.

(2) No trailers, boats, or equipment of any kind may be parked on any common property.

(3) Parking is permitted only in marked stalls.

(4) The parking spaces assigned to a strata lot shall not be rented or leased to non-residents.

(6) No major repairs, adjustments, or oil changes to motor vehicles shall be carried out on
common property.

(7) Residents may not park in visitor stalls. Vehicles parked illegally by residents may have a
letter placed on the windshield to warn their owners that they are in breach of this bylaw.
Residents who have been given a warning letter and continue to park in visitor stalls will have
their illegally-parked vehicles towed.

(8) Each strata lot owner shall be solely responsible for the cleanliness of their designated stall.
The council shall be at liberty to remove rubbish or clean up the assigned stall to its
satisfaction and charge all associated expenses to the owner.

(9) The strata corporation, through the strata council, shall have the right to order such clean-up
as may be deemed necessary. Failure of an owner to comply with such an order within 14
days may result in the strata corporation cleaning the stall and assessing the cost of the clean-
up to the owner.

(10) No vehicle shall park in a manner which will reduce the width of the garage roadway,
neighbors’ parking spaces or walkways.

(11) No flammable or hazardous materials of any kind are to be stored in parked vehicles or on
common property.

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 (12) A resident may wash a vehicle only in the location designated for vehicle washing.

(13) Vehicles that are in a state of disrepair (e.g. flat tire), leak auto fluids or are not roadworthy
are not permitted to be parked or stored within the boundaries of the strata corporation. After
written notice is given, the strata corporation reserves the right to have offending vehicles
towed at the vehicle owner’s sole risk and expense.

(14) Failure by an owner, tenant, guest or other individual to comply with any section of this bylaw
may result in the removal of the offending vehicle at the vehicle owner’s sole risk and
expense.

Bylaw Amendments

May 20, 2014 – AGM

 Bylaw #23 – amended
 Bylaw #33 – added
 Bylaw #34 – added
 Bylaw #3(5) – added

May 21, 2015 – AGM

 Bylaw #3(6) – added
 Bylaw #35 – added

June 13, 2017 – AGM

 Bylaw #27(8) – amended

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