Included in the member's package for the Annual General Meeting is By-law No. 16. It is a revamping of the Parking By-law. The first sentence states that this By-law will replace the Parking Policy. It's already a By-law and has been in place since 1990.
The By-law refers to the Parking Committee throughout.
A Resolution with two new clauses preface the old By-law, making them appear to be the only changes. However, this is not the case. A new paragraph has been added to the old By-law under Article 5 Enforcement:
5.4 Violators of the By-law will be ticketed and/or towed at owners risk and expense.
Passed by the Parking Committee.
We do not have a Parking Committee.
The Resolution states:
We resolve that all parts of the Parking By-law that state "Parking Committee and Parking Chairperson shall be changed to "the Co-op" in By-law Number 16 Parking By-law and;
5.5 Violators of the Article 2 of the Parking By-law will be subject to the following:
For the first violation the co-op will issue a written warning.
For the second violation, a fine of $50.00 will be imposed by the Co-op and the vehicle will be towed at the owner's expense.
For the third and subsequent violation(s), a fine of $100.00 will be imposed by the Co-op and the vehicle will be towed at the owner's expense as well as a notice to appear before the Board will be issued.
The enforcer of parking violations will be Property Manager. For instance:
3.4 Visitor Parking passes will be available from the office or the Parking Committee. Members must obtain a visitor parking pass for the vehicles belonging to visitors who are staying for more than one night, and all such vehicles so parked must display an identification decal available from the Co-op office. The member will fill out a request form for their visitor, and give a deposit of $5.00 for the pass.
How can members apply for these parking passes when the office is closed? This aspect of the Parking By-law was resurrected within the past year. We have yet to see a parking decal.
There now appears to be more zeal to apply By-law No. 16. Seeing that we do not have a Parking Committee, the Property Manager will be the one to police the co-op and to whom the fines will be paid.
We will now have fines for violating the DO NOT FEED By-law and the Parking By-law and who does all the power go to? The Property Manager!
These By-laws will be selectively applied.
I hope I understood correctly what they're trying to achieve with this.
ReplyDeleteFirst, an amended by-law must state that it is amending the previous By-Law on the subject --- not a policy.
A BOD resolution can't be made part of the by-law. Whatever changes they want to make have to be incorporated into the body of the amended by-law. If necessary, this might mean changing a particular article. When it's something new, any such clauses etc. have to be inserted in the by-law with new articles either with new numbering or added as new clauses to existing article.
As for what happens when office is closed, I would have thought people would go and harass a director for a decal. BOD usually takes care of any after-hours biz.
And a deposit for a decal --- sheesh!
One thing you might want to bring up to PM or BOD is that you're expecting they're keeping proper financial records for any fines received and where the money goes.