Subject: LMS154 Proposed Package for Owners -- Policies, Practices, Procedures & Rules From: "Andy Gower"Date: Wed, 26 Nov 2003 16:15:12 -0800 To: gower2003@telus.net > From: Darren Schulz > To: "Andy Gower (E-mail)" > CC: "Harold (E-mail)" > Subject: FW: Proposed Package for Owners -- Policies, Practices, Procedures & Rules > Date: Wed, 26 Nov 2003 15:57:55 -0800 > > Hi Again - sorry about the plethora of email but I am just trying to get my > directives done from last night. If you could please pass this document > onto Michele for her consideration, this document is put in the welcome > package for all new owners > > Best regards, > Darren > > > > VR-564 York Gardens > > Policies, Practices, Procedures & Rules > > November 24, 2003 > > > A. Basic Information about Strata Plan VR-564 York Gardens > > > York Gardens is a Strata Corporation with 35 Strata Title units and common > property. The affairs of Strata Corporation are directed by a 7-member > Strata Council, which is elected at the Annual General Meeting. From among > its elected members the Council elects a President, Vice-President, > Treasurer and Secretary, and may also elect or designate other official > positions as required. > > The business affairs of the Strata Corporation are managed by a Property > Management firm, which assigns a Property Manager to be responsible for the > building. At the present time, we are managed by > > Ascent Real Estate Management Corporation > > 2176 Willingdon Avenue > > Burnaby, BC V5C 2Z9 > > Darren Schulz, Strata Agent - 604-431-1800 > > 1. Locks and Security: Each Strata Title Lot is entitled to receive > three building keys at no charge. Additional keys or replacements for lost > keys will be charged at $20 per key. Each key is individually numbered. If > the building is rekeyed, owners will receive one new key for every old key > which is turned in, up to three, but will be charged $20 for each key beyond > that number, regardless of how many were turned in. > 2. Remote Controls for the Overhead Garage Door: Each Strata Title Lot > is entitled to receive one remote control. Additional remote controls or > replacement for lost remote controls will be charged at $45 per remote > control unit. If a remote is lost, stolen or permanently disabled, the > owner must immediately inform the Strata President or a designate, so the > missing remote's code may be deactivated. > 3. Enterphone and Security: The Enterphone at the front door is > connected to the telephone in each unit. We do not post suite numbers but > assign a buzzer code to each owner. New owners should contact David > Dunsmuir, in 101, to have their name added to the owners' list on the > Enterphone board. > > When someone buzzes the Enterphone, your telephone will ring. Pick up the > receiver to speak to the person at the front door. When you have determined > the individual's identity, push the 6 key on the telephone number pad, to > unlock the front door. If you are on the telephone while someone buzzes, > you will hear a distinctive beep. Press 3 on the number pad to put your > caller on hold and speak to the person at the door; to admit the individual, > press 6, and the door will open and you will then be returned automatically > to your telephone caller to continue your call. > > Do not admit anyone into the building for any reason whatsoever if you do > not know the person. For deliveries, please come to the front door to pick > them up in person, unless you know that you are expecting a particular > service. > > Do not admit anyone to the building whom you do not know, even if the > individual is right behind you at the door. Similarly, if you are in the > lobby, do not admit anyone who is buzzing another owner, unless you know all > the individuals concerned and know for a certainty that the owner in > question is at home and wishes that visitor to enter. It may not be polite > but it's safer by far. > > > B. Arrears > > > Fines for accounts in arrears will be assessed according to the by-laws. If > an owner meets with the Strata Council and sets up a repayment schedule > acceptable to both parties, additional fines may be suspended from the next > subsequent month on, provided that the owner maintains the schedule and does > not incur new arrears. If the payment schedule is interrupted or terminated > before the arrears are fully paid, the schedule of fines will apply from the > first of the next month, at the maximum rate. > > Payment of Arrears: Unless specifically directed otherwise by an owner, all > payments for arrears will be applied first to fines, from the oldest first > to the most recent last, and after that to the principal of the arrears, > from the oldest first to the most recent last, on the FIFO basis. > > Payments of Monthly Fees and Arrears: If an owner pays a single lump > payment to cover outstanding debts on the owner's account, the payments will > be applied first to fines, in order from oldest to newest; then to amounts > owing for repairs or damages assessed to the owner by the strata > corporation; then to the monthly fees, from in order from oldest to newest. > > > C. Heating System Repairs in Strata Title Units > > > The Strata Corporation will be responsible for repairs to all > components of the original hot water heating system within each Strata Lot. > This includes the thermostat, zone valves, heating pipes and drain cocks. > > > D. Plumbing Repairs in Strata Title Units > > > The Strata Corporation will be responsible for repairs to original > shut-off valves within each Strata Lot. When repairs are made by an owner > to any component of the plumbing for which the owner is responsible, new > shut-off valves will be installed at the Strata's expense, until all such > units have been replaced. Then, all will be replaced on a similar 15-year > rotation basis. > > Owners may make no alterations, modifications, additions or deletions > to or from the original plumbing system of the building without the written > permission of the Strata Council, and then only provided the work is done by > certified professionals. > > > E. Electrical Repairs and Modifications in Strata Title Units > > > Owners may make no alterations, modifications, additions or deletions > to or from the original electrical wiring system of the building without the > written permission of the Strata Council, and then only provided the work is > done by certified professionals. > > > F. Owner Improvements and Alterations to Strata Title Units > > > Before owners undertake any improvements or alterations to their Strata > Title Units, they must first obtain permission from the Strata Council. > Normally, permission will be granted routinely for improvements to or > replacement of appliances, fixtures, etc. but structural alterations will be > approved only upon submission of a signed structural engineer's report that > is favourable to the proposed changes. The owner is responsible for > engaging the engineer and for paying any costs whether or not approval is > given. > > Removal of carpets and/or installation of non-carpeted flooring will be > approved only if adequate noise reduction provisions are included in the > upgrade. Owners must undertake that only qualified, insured professionals > will carry out all repair work. > > Owners are reminded that the Strata Corporation's insurance does not cover > the cost of repairs to or replacement of upgrades and improvements to Strata > Title Units. The policy covers restoration to original specifications, or > replacement of original equipment or fixtures or their equivalent. Owners > should carry their own insurance coverage for improvements to their property > and for enclosures and their contents in order to ensure full coverage in > cases of major loss. > > > G. Noise Complaints After Quiet Hours (11 pm to 8 am) > > > Upon receipt of complaints of undue noise from an owner with respect to > noise originating in another owner's strata lot or caused by another owner > anywhere on the common property, the Strata Council will take the following > action. > > 1. If the noise is occurring at the time of the complaint, a member of > the Council will investigate the complaint to determine whether the noise is > sufficient to warrant a complaint. > 2. If complaint it deemed to be warranted, the member of Council will > contact the owner/occupant of the suite from which the noise emanates, will > explain the nature of the complaint, and will request that the noise cease. > This will constitute a warning and will be recorded on the permanent record > of that owner. > 3. If the noise recurs or resumes within 30 minutes and a further > complaint is made, the owner will be contacted again, told that a fine will > be assessed, and given 15 minutes to terminate the activity that causes the > noise. If within 15 minutes this has not occurred to the satisfaction of > the member of Council involved, the member of Council may ask the police to > attend. In this instance, a second fine will be assessed. > 4. If the complaint is made to a member of Council subsequent to the > time of the actual disturbance, the matter will be brought to the next > meeting of Council for a decision. > 5. If this is the first instance of a complaint against a particular > owner, that owner will be notified in writing of the date and nature of the > complaint and the incident will be recorded in the permanent record of that > owner. > 6. For any subsequent infractions, a fine will be assessed against the > owner of the suite from which the noise emanated. > 7. In case the noise emanates from more than one suite, such as a party > that occupies more than one owner's suite, notifications and warnings and > fines will be assessed to all the owners involved, according to the policy > above. > > > H. Repairs - Emergency Repairs and Routine Maintenance > > > When an owner informs Council or a member of Council of the need for a > repair, Council or a designated member of Council will follow up on the > incident until it is satisfactorily repaired or replaced. > > 1. If the incident is of an emergency nature, such as water leak, > immediate repairs will be undertaken to stop the source of the problem. > Cosmetic repairs will follow at a reasonable later date. > 2. If the incident is not of an emergency nature but is one which will > cause inconvenience and/or additional expenses if it is not repaired in a > timely fashion, within one week of the report, an investigation will > determine the extent of the problem and the need for repairs. > 3. A repair will be authorized within one week of that determination. > Cosmetic repairs will follow at a reasonable later date. > 4. If the incident is not urgent, Council may defer repairs until such > time as other, similar repairs are also required, and then a group of items > will be repaired at the same time so as to minimize the costs of service > calls. > > > I. Deck and Balcony Maintenance > > > 1. While the repair and restoration of decks and balconies is the > responsibility of the Strata Corporation, the maintenance of these areas is > the responsibility of the owners who have exclusive use of those areas. If > repairs are needed and it is determined that the repairs were caused > entirely or in part by lack of proper maintenance or by misuse or abuse of > the area in question, some or all of the costs of the repairs will be > charged back to the owners who have the exclusive use of those areas. > 2. Maintenance of balconies with vinyl, plastic, or rubberized surfaces > includes sweeping off leaves and debris and removing mould, algae, and other > deposits. Owners may not resurface or repaint their decks without prior > permission of Council and then only using approved products. Owners may not > pressure wash balcony floors or sidings. > 3. Maintenance of wooden deck surfaces includes placing objects such as > planters onto spacers on the surface of the wood to permit the circulation > of air between the object and the deck surface; washing the wood as required > to remove mould, algae, moss, and other deposits; timely removal of leaves > and branches, especially in the autumn and winter; and cleaning the area > below the wooden surfaces as required. > 4. On a regular basis, the strata corporation will engage cleaners to > lift wooden decking and to steam clean, pressure clean or wash out the area > below the wooden decking to remove built-up dust, leaves, and debris. > 5. Owners who have enclosed a balcony or deck are solely responsible > for maintaining and repairing the entire enclosed area, including the deck > or balcony upon which the enclosure rests. > > > J. Inspections and Reporting Problems & Deficiencies by Owners > > > Twice a year, when reminded by a notice from the Strata Council, each > owner will inspect the common property immediately outside that owner's > suite (including decks, balconies, walls, windows, etc.) and will report any > problems or deficiencies on the response form that will be circulated to > each owner. Failure on the part of an owner to return such a response form > may make the owner liable for the costs of repairs of problems that were not > reported when they should have been. > > Owners are reminded that they must report in a timely fashion any problems > whose repairs are the responsibility of the Strata Corporation, including > but not limited to signs of leaks, structural defects, ill-fitting doors and > windows, problems associated with heating, plumbing or electrical systems, > and so on. If such problems are not reported and small problems become > large, expensive problems, the owners concerned may find that some or all of > the costs or repairs are charged to their account. > > > K. Common Area Heating and Ventilation Systems > > > The Strata Corporation will turn off the hot water heating in the building > at an appropriate time, once the outside temperature permits, and will turn > it on again in the fall, when the outside temperature drops. > > The Strata Corporation will re-set automatic fan timers on a seasonal basis > to ensure that hallways are ventilated appropriately. > > > L. Service Calls - Cost > > > Where service calls can be combined into a single call, thus saving costs, > this will be done. Notwithstanding, emergencies will be dealt with on an > emergency basis. Owners involved in a combined service call may provide a > key to a contact person or may arrange to provide access to the trades > personnel personally or by a designate. When an owner refuses to provide > access in this fashion and a separate service call is required, the that > owner will be responsible for paying the cost of the service call, while the > strata corporation will pay for the cost of the actual repair. > > > M. Fireplaces and Chimneys > > > Owners of suites with fireplaces must provide the strata Council with > written proof that they have had their chimney inspected and/or cleaned by > certified professionals, if required, on an annual basis. This proof must > be in the hands of Council on or before the first day of September in each > calendar year. > > Owners of suites for which no such proof of inspection or cleaning has been > submitted by the annual deadline are forbidden from using their fireplaces > until such an inspection or cleaning has taken place and proof of the same > has been submitted to the Strata Council. > > Owners who do not use their fireplaces are exempt from this requirement > provided they submit a written statement to the Strata Council confirming > that the fireplace will not be used. If a fireplace, which was out of use, > is returned to use, the requirements of inspections and cleanings will > apply. > > Failure to comply will make the owner liable for payment of all costs of any > damage that may be caused by a chimney fire and may result in the assessment > of a fine for each time a fireplace is used illegally. > > > N. Dryer Vents > > > Owners of suites with en-suite laundry facilities are responsible for > maintaining their washers and dryers in proper working order. Hoses should > be replaced as required. Dryers must be connected to a proper dryer vent, > either the original vent or a replacement approved by the Strata Council. > > Dryer vents will be cleaned on a regular basis and owners must provide > access for this to be done on a designated day. If owners do not, they may > no longer use their en-suite dryers until such time as they provide evidence > to the Strata Council that professional cleaners have cleaned their dryer > vent. > > Failure to comply will make the owner liable for payment of all costs of any > damage that may be caused by a clogged dryer vent and may result in the > assessment of a fine. > > > O. Damage to Common Property > > > An owner who damages common property or whose property damages common > property shall be liable for the full costs of repairs of the damage. If a > vehicle damages common property, the owner of that vehicle is liable for the > full costs of repairs of the damage. If the damage is caused by someone who > is not an owner but during the course of a visit to or a stay with an owner > in the building, that owner will be liable for the full costs of repairs of > the damage caused by his visitors or guests. > > In instances where the Strata Council determines that damage has been caused > by an owner, an owner's property, or an owner's guests, the Strata Council > will obtain an estimate of the costs of repairs, which will be communicated > to the owner. The Strata Council will authorize repairs to be done and the > final bill will be submitted to the owner who is responsible. If more than > one owner is involved, the amounts will be divided according to the division > of responsibility that is determined by the Strata Council. > > The owner who has received a final bill for payment of repairs may pay the > bill directly or, may request that the Strata Corporation pay the bill. In > the latter case, the Strata Council will first attempt to reach an agreement > in writing with the owner for repayment of the amount in question over a > designated period of time. If the owner maintains regular payments > according to the schedule agreed upon with the Strata Council, no interest > will be charged. If the owner fails to maintain the regular payments > according to the schedule, a fine of $50 per month will be charged until the > amount is fully discharged. > > If an owner and the Strata Corporation are unable to reach an agreement with > respect to the responsibility for damage, the amount of the damage, or a > schedule of repayment, and the Strata Council deems the repair to be > necessary for the common interest or safety, the Strata Council will > authorize the repairs to be effected in a timely fashion and will charge the > full amount of the repairs to the owner's account. This will constitute a > debt of arrears that must be discharged before the owner is considered to be > in good standing to vote or hold office in the Strata Corporation. > > > P. Barbecues > > > Barbecues constitute an extreme fire hazard on or near a wooden structure > such as ours. Therefore the owners of York Gardens undertake to follow > these rules: > 1. Barbecues with coals, charcoal, briquettes, wood or similar > combustibles may not be used anywhere on common, strata title or other > VR-564 property. Covered, gas-fired barbecues only are permitted. > 2. The barbecue unit shall be placed as far away as possible from any > building wall. > 3. The barbecue shall not be left unattended, even for a moment, while > it is in use and a flame is present. > 4. The barbecue shall remain covered at all times while it is in use, > except only for brief moments to allow the placement of food onto the grill > or its removal from the grill. > 5. Before an owner uses a barbecue, he/she will notify all adjacent > owners, both on the same floor and on floors above, so that they may have > the opportunity to close their windows against the unwanted smoke and > smells. > 6. Gas bottles must remain attached to their barbecues and unattached > gas bottle may not be stored anywhere on or in common, strata title or other > VR-564 property unless they are completely empty and the valves are open. > > > Q. Parking on Common Property > > 1. Residents' Parking > a. A single parking stall is assigned for the use of the occupants of each > strata title lot. > b. At the time of a transfer of title of any strata title lot, another > owner may claim the parking spot assigned to that lot. > c. To claim an available stall an owner will notify the President of the > Strata Council in writing, who shall maintain a waiting list of such > requests, or who may delegate this task to another member of Council. > d. If a stall is available, it will be offered to the owner requesting > the change; if none is available, the request will be retained until another > parking stall becomes available and can be offered. > e. If the owner refuses the offer, the next person on the list will be > offered the stall, and so on, and the names of those who refused an offer > will move to be bottom of the waiting list. > f. The incoming, new owner will be assigned the parking spot vacated by the > owner who has claimed the vacant stall. > g. When a change of parking assignment has been made, the member of Council > responsible will notify the Property Manager of the new assignment. > h. Nothing may be stored temporarily or permanently in any parking stall. > 2. Guest and Visitor Parking > a. There is no guest parking on the common property at any time, for any > reason. > b. An owner may allow a visitor to park in the parking stall assigned > to the owner's strata title lot. > c. No one may park in the washing area except while washing a vehicle. > 3. Parking for Trades or Contractors > a. Trades people or workers who are engaged by the Strata Council to > undertake a repair or a project, may be authorized by the President of the > Strata Council or his/her designate to park a vehicle with equipment or > materials in an area of common property where the vehicles will not > constitute an obstruction. > b. Such vehicles must display a note clearly showing the suite or area > where the trades people are working, or a cell phone number to contact, so > that their vehicle may be moved if necessary. > c. Parking for one trades person's vehicle is also available on the concrete > slab immediately behind the building, between the dumpster and the parkade > stairway exit. Vehicles parked there must display the same note as in (b) > above or they will be towed. > d. In instances where an owner has engaged a contractor or trades > person to carry out a repair on strata title property, that owner may obtain > prior permission from the President of the Council or his/her designate to > permit that contractor to park a vehicle in a designated area of common > property for a limited period of time, provided the vehicle is identified > and a suite number and a phone number are displayed in the window of the > vehicle while it is parked. > 4. Loading Zone: Owners engaged in active loading or unloading may park > a vehicle beside the downstairs lobby door or in the washing area for a few > minutes. Any vehicle left unattended in this area may be towed without > notice. > > 5. Violations and Towing: All vehicles parked in the common area of the > parkade without a displayed suite number and telephone number where the > owner/driver may be contacted may be towed without notice. Owners of towed > vehicles may be fined; owners whose guests' vehicles are towed may be fined. > > > R. Storage Room and Storage Lockers > > > 1. A single storage locker is assigned to each strata title lot. > 2. The same process as used in assigning parking stalls may reassign > storage lockers. > 3. Flammable liquids or other hazardous materials may not be stored > anywhere on common property. > 4. Items for storage must be placed inside the lockers. Items left in > the walkways or elsewhere may be removed and discarded without notice. > 5. The corner locker contains a sump pump and is also used for Strata > Corporation storage. No other items should be placed in this locker; such > items may be removed and discarded without notice. > 6. Owners are responsible for placing a lock the lockers assigned to > them, if they wish to improve security. > 7. The door to the locker room must be locked at all times except when > active loading or unloading is in progress. > 8. Sump Pump: A sump pump is located in the corner storage locker. > Owners should immediately notify Strata Council member is the alarm is > buzzing on this sump pump. If the pump fails, the recreation area and the > main water supply are in danger of flooding. > > > S. Smoking on Common Property > > > > It is now generally acknowledged that second hand smoke constitutes a > significant health hazard. Therefore, and in compliance with Vancouver City > by-laws and long-standing policy in this building, owners are reminded of > the following: > > > 1. Smoking is not permitted anywhere on or in common property at any > time. That includes the parkade. > > 2. Owners who permit smoking inside their strata title unit must ensure > that second hand smoke does not enter another owner's strata title unit, > either through interior openings or from open windows or doors. > > > T. Use and Maintenance of the Sauna > > > 1. The Sauna is available for the use of owners and their guests. > 2. Children may not use the Sauna without adult supervision on site. > 3. The heaters in the Sauna must be turned off after the Sauna has been > used. > 4. The area around the Sauna must be cleaned and dried by the last user > before he/she leaves the area. > 5. The use of any breakable glass items of any kind is prohibited in > the Sauna area. > 6. Owners accept the risks of using the Sauna and will take all > reasonable precautions to avoid injury to themselves and to others while > they are in or near the Sauna. > 7. The toilet in the Sauna room is connected to the drain in the floor > of the Laundry Room. There is very little slope to the sewer pipe, which > clogs easily. Under no circumstances should any solids or paper other than > toilet tissue be flushed down that toilet. > > > U. Moving Into or Out of York Gardens > > > 1. A moving in and out fee is assessed for all moves of any resident > into or out of the building. > 2. Prior to any move or delivery requiring the transport of furniture > or large items in the elevator, the owner responsible must hang the > protective pads inside the elevator. > 3. Immediately subsequent to the termination of the move, the owner > responsible must replace the protective pads into their designated > containers in the seats/boxes in the front lobby. > 4. Under no circumstances may the elevator door be held or blocked for > more than 30 seconds while large loads are brought into the elevator. This > will burn out the operating circuits and solenoids. Owners will be charged > for the costs of repairs to the elevator caused by misuse of this kind. > 5. Owners who need to operate the elevator manually to move large > objects or large numbers of objects may obtain an elevator key from the > President of Council or a designate upon giving a $20 deposit which will be > refunded when the key is returned. > > > V. Use of Common Areas > > > 1. Common areas of the Strata may not be used for purposes that > jeopardize the safety and well being of owners and/or the Strata property. > 2. Owners with pets shall not permit their pets to deposit any wastes > anywhere on Common Property, including decks, balconies, or gardens except > in properly maintained containers designed for that purpose. Accidents must > be cleaned up immediately and the areas disinfected and deodorized if they > are inside the building. Damage caused by failure to follow this rule will > be repaired and charged to the owner's account and/or fines may be assessed > because of health hazards to which other owners are exposed unwittingly. > 3. Owners shall not engage in mechanical repairs or maintenance of a > vehicle, anywhere on Common Property, except for minor items such as tire > changes. > 4. No one shall dispose of solvents, paint, flammable liquids, > anti-freeze, or any other substance that could create a hazard to others, > anywhere on Common Property, especially including the parkade and gardens. > 5. If an accidental spill of a dangerous or dirty substance should > occur on common property, the individual responsible must immediately inform > a member of the Strata Council so that appropriate measures may be taken to > protect the safety of the other residents and their property. > 6. The washing area in the parkade is available for owners to wash > their own vehicles. It is not available for guests or others to wash their > vehicles. It is also not to be used for draining fluids from vehicles or > from containers in or on vehicles. > 7. Carpet cleaners with on-board water receptacles may not under any > circumstances dispose of their dirty wastewater or used cleaning solution in > the parkade. Tradesmen of any kind may not deposit or cause to be deposited > any waste materials in or on the common property without their being cleaned > up immediately. > 8. Owners are responsible for ensuring that their vehicles do not leak > oil or fuel onto the parkade floor; where this does happen, the owner is > responsible for removing the deposits in a timely fashion. Failure to do so > may result in the Strata Corporation's authorizing a cleaning of the area > and charging the costs to the account of the owners concerned. > 9. As specified in the By-laws, a fine may be assessed to owners who > contravene these rules or to owners whose guests or visitors contravene > these rules. > > > > Reviewed and Approved by Strata Council on November 24, 2003. > > This document constitutes a statement of Rules, as defined by the Strata > Title Act, and shall be in effect from the time it is passed and copies are > circulated until the next AGM. At that time the owners will be able to vote > to make the package a permanent part of the rules for Strata Plan VR-564. > _________________________________________________________________ The new MSN 8: smart spam protection and 2 months FREE* http://join.msn.com/?page=features/junkmail http://join.msn.com/?page=dept/bcomm&pgmarket=en-ca&RU=http%3a%2f%2fjoin.msn.com%2f%3fpage%3dmisc%2fspecialoffers%26pgmarket%3den-ca