The Owners, Strata Plan N 40
- 1 -
BYLAWS
of
THE OWNERS, STRATA PLAN N 40
WHEREAS:
A.THE OWNERS, STRATA PLAN N 40 (herein called the “Strata Corporation” and sometimes called “Moyie Shores Estates”) is a residential, bare land strata;
B.A Building Scheme (as hereinafter defined) charges each of the Strata Lots (as hereinafter defined) and the common property of the Strata Corporation;
C.The Owners acknowledge and agree that a Residence (as hereinafter defined) must and other improvements may be constructed or placed on each Strata Lot;
D.The owners deem it desirable to provide for building restriction bylaws to regulate the use, enjoyment, construction, maintenance, repair, administration, control and management of Improvements (as hereinafter defined) on the Strata Lots; and to provide for other bylaws.
BE IT RESOLVED by a 3/4 vote of THE OWNERS, STRATA PLAN N 40 (the “Strata Corporation”) that the bylaws of the Strata Corporation be and are hereby amended by adopting the following:
1. Definitions:
For the purposes of these Bylaws, capitalized terms shall have the meanings as follows:
(a) “Attached Structure” means a structure that shares at least one wall or roofline in common with a Residence;
(b) “Building Permit” means a building permit required by and obtained from RDEK;
(c) “Building Scheme” means Building Scheme no. Q27201 (as amended by Nos. R23195 and T18792) registered on September 30, 1981 in the Nelson Land Title Office;
(d) Colour Scheme” means natural wood and earth tones including brown, grey and green. For greater certainty, shades of blue or yellow are excluded.
(e) “Improvement” means, without limitation, any building, structure, Attached Structure, Residence, Improvement or Other Facility, deck, driveway, sundeck, patio, storage shed, garage, workshop, greenhouse, boathouse, boat storage shed constructed or to be placed or constructed on a Strata Lot;
(f) “Other Improvement or Facility” means, without limitation, fences, posts, aerials, retaining walls, playground equipment, improvements covering an area less than thirty-two square feet, improvements less than 18” above ground level, septic tanks and sewage disposal fields (or other sewage disposal facilities);
(g) “Height” is calculated by adding the height from the ground to the top of the roof at the back of an Improvement to the height from the ground to the top of the roof at the front of the same Improvement and dividing by two. (e.g. If a structure is 24’ at the back and 30’ at the front, add them and divide by 2 for an average height of 27’). No Improvement, including a Residence, may exceed twenty-eight (28) feet in height.
(h) “Plans and Specifications” means all plans and specifications, which show, inter alia, all elevations and specifications, all materials to be used, details of quantities and qualities of materials and the location and elevation of all Improvements and Other Improvement or Facility in relation the property lines and finished ground elevations;
(i) “RDEK” means the Regional District of East Kootenay;
(j) “Residence” means an Improvement used as a residence;
(k) “Strata Council” means the Strata Council of the Strata Corporation; and
(l) “Strata Lots” means all of the Strata Lots comprising the Strata Corporation and “Strata Lot” means any one of them.
BUILDING RESTRICTIONS
2. All applications for a Building Permit from the RDEK and all septic tank permits from the East Kootenay Health Unit must request approval for a Residence.
3. No subdivision of any Strata Lot will be permitted.
4. No Improvement, additions thereto or alterations thereof shall be erected, constructed, placed or maintained in, on or above a Strata Lot, unless and until all Plans and Specifications (together with an additional copy of same for the permanent retention of the Strata Corporation) have been submitted to and approved in writing by the Strata Council.
5. The refusal or failure of the Strata Council to approve the Plans and Specifications shall not be actionable by any person under any circumstances, it being in the sole discretion of the Strata Council to grant or withhold such approval.
6. The Plans and Specifications shall conform to the following restrictions:
(a) any Improvement constructed, placed or maintained on:
(i) Strata Lots 1 and 2, Strata Lots 12 to 15 (inclusive), Strata Lots 16 to 18 (inclusive), Strata Lots 33-61 (inclusive) may not be closer than 25 feet to the lot line existing at the front of the Strata Lot;
For the purposes of this restriction, the front of the Strata Lot shall be deemed to be as follows:
Strata Lots 1 and 2the lot line closest to the lake;
Strata Lots 12 to 15 (inclusive)the lot line fronting on the
interior subdivision road;
Strata Lot 16the most easterly lot line;
Strata Lots 17 and 18the lot line fronting on the
cul-de-sac;
Strata Lots 33 and 34the most easterly lot line;
Strata Lots 35 to 47 (inclusive)the lot line fronting on the
interior subdivision road;
Strata Lots 48 to 59 (inclusive)the lot line fronting on the
interior subdivision road;
Strata Lots 60 and 61the lot line fronting on the
interior subdivision road;
(ii) Strata Lots 3 to 11 (inclusive), Strata Lots 19 to 31 (inclusive) and Strata Lot 75 may not be closer than 7.5 metres from the front of the Strata Lot and 1.5 metres above the high water mark of the lake. For the purposes of this restriction, the front of the Strata Lot is deemed to be the lot line nearest the lake.
(iii) Strata Lots 64 to 74 (inclusive) may not be closer than 7.5 metres from the high water mark of the lake. For the purposes of this restriction, the front of the Strata Lot is deemed to be the lot line nearest the lake.
(iv) Strata Lots 1 - 75 (inclusive) may not be closer than 10 feet from any other boundary of the property;
For the purposes of the foregoing restrictions, “front” of a lake front Strata Lot is the lake and the “front” of any other Strata Lot is defined in context with the interior subdivision road which means that a lake front Strata Lot may build ten (10) feet from the property line nearest to the interior subdivision road, where other Strata Lots must build twenty-five (25) feet from their property line nearest the interior subdivision road. It is therefore understood that the Strata Council, having determined adjacent and adjoining owners have no concerns, may allow Strata Lot owners to build ten (10) feet from their property line nearest the interior subdivision road in exceptional circumstances.
(b) Any Improvement placed, constructed, to be constructed or maintained on a Strata Lot must comply with the following:
(i) no Improvement shall be allowed to remain with an unfinished exterior for a period of longer than twelve (12) months after the commencement date of construction, erection or placing thereof on any Strata Lot.
(ii) the interior area of the ground floor of any Residence must be greater than six (600) hundred square feet;
(iii) the roof of any Improvement must be constructed of cedar shakes, wood shingles, asphalt shingles or aluminium baked finish, in accordance with the Colour Scheme.
(iv) any exterior wall of any Improvement which is to be constructed, placed or maintained on any Strata Lot must be constructed of natural wood, brick or stone which retain their natural wood or earth tones. The only exception to this is that of earth tone, wood grain vinyl siding which must first be submitted to and approved by the Strata Council in writing.
(v) no materials may be utilized, placed or maintained on any Strata Lot which is old and unattractive or which is not in compliance with all bylaws, laws and regulations currently then applicable to building on that Strata Lot. All Strata Lot owners are expected to maintain an orderly and tidy Strata Lot conducive to a residential community. No appliances should be outside for an extended period of time that are not intended as outdoor appliances, such as a barbecue, as they pose a safety hazard.
(vi) In the event the person submitting Plans and Specifications pursuant to Bylaw 4 herein does not receive written notice of approval within thirty (30) days after receipt by the Strata Council of such Plans and Specifications, same shall be deemed to be disapproved. Strata Council will endeavour to provide written correspondence within thirty (30) days of receipt of Plans and Specifications.
7. Any Improvement over 100 square feet in area requires a building permit from the RDEK.
8. No Improvement other than one Residence for one family or household unit and two (2) further structures (“Auxiliary Improvement”), as may be incidental to the residential use thereof, shall be erected, constructed, placed or maintained on any Strata Lot and no such further Improvement shall be erected, constructed, placed or maintained on any Strata Lot, unless the exterior finish and design thereof is in harmony with the exterior finish and design of the Residence on that Strata Lot. No Auxiliary Improvement may be greater than one storey, unless to ensure compatibility with the Residence, the roof line would allow a loft area. Such a loft area may be permitted provided that no garage or workshop exceeds 20 feet in height.
An owner may construct one Auxiliary Improvement prior to the construction of the Residence. However, no Auxiliary Improvements may be constructed, erected or placed on any Strata Lot, other than the following:
(i) garage/workshop
(ii) storage shed
(iii) greenhouse; and
(iv) boathouse/boat storage
(a) Garages and workshops must be constructed as follows:
(i) the exterior finish must be the same as the Residence;
(ii) the roof line must be compatible with the roof line of the Residence;
(iii) the interior measurement must be no more than seven hundred (700) square feet on the main floor;
(iv) may not exceed twenty (20) feet in height.
(v) may not be more than one storey, except to ensure compatibility with the roofline of the Residence. A loft area may be allowed subject to 8(a)(iv).
(b) Storage sheds must be constructed as follows:
(i) the exterior finish must be the same as the Residence;
(ii) the roof line must be compatible with the roof line of the Residence;
(iii) may not be more than one storey and may not exceed fifteen (15) feet in height;
(iv) must be constructed at the rear of the Residence; and
(v) the interior measurement must be no more than four hundred (400) square feet.
(c) Greenhouses must be constructed as follows:
(i) the exterior finish must be compatible with the Residence;
(ii) the interior measurement must be no more than six hundred (600) square feet;
(iii) may not exceed a height of fifteen (15) feet;
(iv) are to be used strictly for private family use and must not be used for commercial purposes; and
(v) must be constructed at the side or the rear of the Residence.
(d) Boathouses/boat storage buildings must be constructed as follows:
(i) the exterior finish must be the same as the Residence;
(ii) the roof line must be compatible with the roof line of the Residence;
(iii) may not be more than one storey to a maximum fifteen (15) feet in height;
(iv) must be constructed at the side or the rear of the Residence; and
(v) the interior measurement must be no more than six hundred (600) square feet.
9. No boat storage buildings shall be constructed except as being attached to the Residence or garage.
10. Where, in the construction period, an Improvement remains with an unfinished exterior for a period of twelve (12) months after the commencement date of construction, erection or placing thereof on any Strata Lot or where an Improvement is damaged by fire, wind or other cause and the exterior remains in disrepair for a period of ninety (90) days from the date of such damage, the Strata Corporation, its agents, employees and independent contractors, shall have the right, exercisable in its sole discretion, but shall not be obligated, to enter upon such Strata Lot to complete or repair such exterior at the sole cost and expense of the owner who shall pay the cost thereof to the Strata Council within 30 days of receipt of an invoice or invoices therefor.
HOURS OF CONSTRUCTION
11. Construction activity will be restricted to the hours from 8:00 a.m. to 9:00 p.m. including weekends and holidays.
USE OF STRATA LOTS
12. No owner, tenant, resident, guest, visitor, invitee or occupant of any Strata Lot shall conduct commercial, industrial, trade, business or public or private utility use and, without restricting the generality of the foregoing, no Strata Lot shall be used as an apartment house, boarding house, rooming house, hotel, beer parlour, resort, store, restaurant, shop or place of trade or business, unless and until such use is approved in writing by the Strata Council, which shall give such approval only where in its sole and absolute discretion such use is deemed to be for the benefit of Moyie Shores Estates. This Bylaw 12 shall not prevent physicians, lawyers, writers, artists or other professional persons from having their offices or studios in a Strata Lot.
13. No Strata Lots may be rented, except in accordance with the exemptions provided in the Act.
14. No part of a Strata Lot shall be used for any purpose which may cause a nuisance, damage or disturbance to the owners or tenants of adjoining properties or which may tend to depreciate the value of the Strata Lots or the common property, common facilities or common assets of the Strata Corporation.
15. No Strata Lot shall be used for any purpose or purposes which are or will be offensive to the owner or occupant of any other Lot and, without restricting the foregoing, no noisy, obnoxious, offensive or immoral activity shall be permitted on any Strata Lot.
16. Propane tanks for residential heating are allowed but must be placed no closer than ten (10) feet from any Improvement, property line, or any ignition source. Similar tanks for such things as solar, solar assisted heat or wood heat are allowed provided they are well concealed and aesthetically pleasing.
GENERAL MATTERS
17. All wharves or floats must be approved by the Province of British Columbia. The Strata Corporation has no jurisdiction in connection with improvements constructed on the lake. A foreshore lease exists between the Province and the Strata Corporation for the marina and swimming bay.
18. No temporary Improvement of any kind shall at any time be erected or used on a Strata Lot other than temporary sheds and workshops to be used only for works incidental to the erection of permanent Improvements thereon. No building materials shall be deposited or mixed on any path or roadway and no obstruction shall be placed thereon without the prior written consent of the Strata Council. The Strata Council may enter upon any part of the Strata Lot to ensure compliance with these Bylaws or to remove any matter or thing arising by or through a breach of these Bylaws and the owner shall pay all costs and expenses incurred thereby.
19. No pole or other erection to be used or intended to used in connection with radio, telephone or television shall be placed in front of a Residence, nor shall any such erection project higher than 10 feet above the height of the Residence.
20. Fencing is not encouraged within Moyie Shores Estates. Construction of a fence must be approved by the Strata Council. No fence will be approved by the Strata Council which does not comply with the following:
(i) may not exceed six (6) feet in height;
(ii) except as provided in Bylaw 34 herein, a fence must be constructed of natural wood;
(iii) must be finished in accordance with the Colour Scheme;
(iv) may not be erected closer than seven (7) metres to any road.
21. No retaining wall shall be constructed, placed or maintained without the prior written consent of the Strata Council. No exposed concrete foundations more than two (2) feet above ground level shall be permitted without the prior written consent of the Strata Council.
LANDSCAPING/TREES
22. No trees shall be cut except where reasonably necessary for the purpose of constructing a Residence, Auxiliary improvement, driveway or septic field. No other cutting of live trees or clearing shall take place without the previous consent in writing of the Strata Council.
23. No soil, sand or gravel shall be removed from any Strata Lot without the prior written approval of the Strata Council, except for the purpose of laying foundations or for use in erecting Improvements.
24. No Strata Lot shall be devoid of proper landscaping for a period longer than twelve (12) months after the commencement date of construction, erection or placing of any Improvement thereon.
25. No lawns, ground cover, plants, shrubbery, trees or other form of landscaping shall be placed, grown or permitted on any of the Strata Lots which is unattractive or incompatible with the landscaping of adjoining Strata Lots and no such material or other landscaping shall be unreasonably neglected or maintained in a messy or untidy condition. Where there is any material on or landscaping of a Strata Lot which is not in accordance with this Bylaw 25, the Strata Corporation, its agents, employees and independent contractors shall have the right, exercisable in its sole discretion, but shall not be obligated, to enter upon such Strata Lot to remove such improper materials and perform such landscaping or maintenance so that all material on and landscaping of such Strata Lot is in accordance with this paragraph, at the sole cost and expense of the owner of the Strata Lot, who shall pay the cost thereof to the Strata Corporation upon delivery of an invoice or invoices therefore.