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THE OWNERS, STRATA PLAN N 40

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THE OWNERS, STRATA PLAN N 40

    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;

    Final Bylaws N40 (18/08/03)

     - 2 -

    (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.

    Final Bylaws N40 (18/08/03)(D/BSE/502122.1)

     - 3 -

    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 2 the lot line closest to the lake;

    Strata Lots 12 to 15 (inclusive) the lot line fronting on the

     interior subdivision road;

    Strata Lot 16 the most easterly lot line;

    Strata Lots 17 and 18 the lot line fronting on the

     cul-de-sac;

    Strata Lots 33 and 34 the 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 61 the 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

    Final Bylaws N40 (18/08/03)(D/BSE/502122.1)

     - 4 -

    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.

    Final Bylaws N40 (18/08/03)(D/BSE/502122.1)

     - 5 -

    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;

    Final Bylaws N40 (18/08/03)(D/BSE/502122.1)

     - 6 -

    (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.

    Final Bylaws N40 (18/08/03)(D/BSE/502122.1)

     - 7 -

    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

    Final Bylaws N40 (18/08/03)(D/BSE/502122.1)

     - 8 -

    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

    Final Bylaws N40 (18/08/03)(D/BSE/502122.1)

     - 9 -

    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.

    RECREATIONAL VEHICLES/VEHICLES

    26. An owner may maintain a recreational vehicle on their property until such time as

    the Residence is constructed. During this time, the recreational vehicle will be

    considered an Improvement. An owner may, during the winter months, use tarps

    and supporting structures to protect the recreational vehicle. These tarps must be

    removed by no later than the Victoria Day holiday and stored out of sight. Should

    an owner be utilizing his/her residence as a primary residence, that owner shall be

    allowed to maintain a recreational vehicle, registered in their name, on their lot. 27. No camper, mobile home, motor home, travel trailer or tent shall be used or

    occupied while parked, placed, located or kept upon a Strata Lot except during an

    overnight visit or the construction period of a Residence or as noted in Section 26

    and no house trailer, double wide modular home or industrial camp building shall

    be erected, placed or kept on a Strata Lot at any time.

    28. Strata Lot owners may from time to time have guests visiting them who have a

    recreation vehicle. If such guest(s) are staying for more than fourteen (14) days,

    the owner shall immediately advise the Strata Council. All visitors must be made

    aware of the rules and Bylaws of Moyie Shores Estates and abide by same. 29. No inoperative or unlicensed automobiles, campers, mobile homes, travel trailers

    or other vehicles shall be stored on a Strata Lot, except in a garage constructed in

    accordance with the other stipulations and restrictions as herein set out. Where an

    owner has an inoperative or unlicensed vehicle in a garage, the owner must

    maintain adequate insurance, including liability insurance, for same and,

    immediately on request by the Strata Corporation, provide proof of such insurance. 30. No one shall be allowed or permitted to operate any unlicensed motorized

    vehicles on any roads, walkways, Strata Lots or common property of Moyie

    Shores Estates.. This includes unlicensed snowmobiles, motorcycles, dune

    buggies and any other unlicensed motorized vehicles.

    ROADWAYS

    Final Bylaws N40 (18/08/03)(D/BSE/502122.1)

     - 10 -

    31. No part of a Strata Lot may be made into or used as a road without prior written

    consent of the Strata Council.

    32. No part of the common property shall be used for a road for vehicular traffic other

    than the interior subdivision road forming part of the common property, except

    with the prior written authorization of the Strata Council, in its sole discretion.

    Anyone using common property as either an authorized or unauthorized roadway

    shall indemnify and save harmless the Strata Corporation with respect to any

    liability arising from any injury or damage occurring thereon.

    ANIMALS/PETS

    33. No poultry, swine, sheep, horses, cattle or other livestock shall be kept or

    permitted upon any of the Strata Lots.

    34. Owners may keep dogs, cats or other small pets. However, no such pets, as are

    permitted, shall be allowed to roam on the common property or another Strata Lot.

    Any animal which is not permitted by or controlled in accordance with this Bylaw

    may be removed or caused to be removed by the Strata Council. In order for

    owners to restrict such pets as are permitted to remain on their Strata Lot, an

    owner may construct a pet run. A pet run must be constructed of chain link

    fencing and must be kept in a clean and presentable state at all times. A pet run

    must be placed at the side or back of a Residence.

    35. An owner or occupant may keep a reasonable number of pets on a Strata Lot.

    Any complaints received by the Strata Corporation with respect to this bylaw will

    be dealt with at the next Strata Council meeting.

    MARINA/BOAT MOORAGE

    36. Moyie Shores Estates has a common property marina for boat moorage.

    Until such time as the Strata Corporation has authorized moorage for each Strata

    Lot owner, owners must be considerate when mooring a boat. Owners who will

    be absent from Moyie Shores Estates for an extended period of time must remove

    their boat from the water. Boat owners should have adequate boat protectors.

    Owners are limited to one boat per Strata Lot in the marina at one time, including

    those of any guest. Any boat moored at the Moyie Shores Estates Marina must

    have the Strata Lot Number clearly visible on their boat.

    Final Bylaws N40 (18/08/03)(D/BSE/502122.1)

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