Dickensfield Court Condominium

/W\
CORPORATION
BYLAWS
FOR
CONDOMINIUM CORPORATION NO. 852 2451
(DICKENSFIELD COURT CONDOMINIUM CORP)
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BYLAWS OF
THE OWNERS:
CONDOMINIUM PLAN NO. 8522451
DICKENSFIELD COURT CONDOMINIUM CORPORATION
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DEFINITIONS AND APPLICATIONS
A.
These Bylaws have been enacted by The Owners: Condominium Plan
No. 8522451 to replace all statutory Bylaws.
The following
definitions shall apply to all parts of these Bylaws:
(a) "Act" shall mean Condominium Property Act, being Chapter
C-22 of the Revised Statutes of Alberta, 1980, as amended,
and any statute or statutes to which may be passed in
substitution for or replacement of such Act;
(b) "Board" means the Board of Managers elected pursuant to
these Bylaws and as provided for in Section 23 of the Act
or any section passed in substitution therefor.
Members may be referred to as Directors;
(c)
Board
"Bylaws" mean the Bylaws of the Corporation, as amended
from time to time;
(d)
"Capital Replacement Reserve Fund" means the fund created
for the purposes as outlined in Bylaw 14(j);
(e)
"Common expense" means all expenses for the performance of
the objects and duties of the Corporation and all other
expenses specified as common expenses in these Bylaws.
Common expense may also be described as an assessment or
condominium fee;
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(f)
"Common property"
means
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so much of the
Parcel
as is not
comprised in any Unit shown on the Condominium Plan;
(g)
"Condominium Plan" means the plan registered by KY-ZUR
INVESTMENTS LTD. as Developer under the Act and referred to
as Condominium Plan No. 8522451;
(h)
"Corporation" means the Corporation constituted under the
Act by the registration of the Condominium Plan;
(i)
"Insurance Trustee" means any company or person authorized
to
act
as
an
Insurance
Trustee
under
the
laws
of
the
Province of Alberta and who may be appointed from time to
time
on Ordinary
Resolution
Insurance Trustee is
of the
Corporation.
If no-
appointed then the Insurance Trustee
shall be the Corporation;
(j)
"Manager" means a person, firm or Corporation appointed as
Manager pursuant to Bylaw 15<f) hereof;
(k)
"Maintenance Area" means those areas, being part of the
Common property, which includes any sidewalks in the front
or back, and fence-enclosed yards immediately adjacent to
each Unit, the area and location of which shall be
determined by the Board from time to time, and which areas
^the Board deems suitable for private use in conjunction
with the respective adjoining Unit;
(1)
"Mortgagee" means the holder of a mortgage registered
against the title to one or more Units in the Condominium
Plan;
(m)
"Ordinary Resolution" means a resolution:
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(i)
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passed at a properly convened meeting of t.
Corporation by a simple majority of all the persons
present entitled to exercise the powers of voting
conferred by the Act or by the Bylaws; or
(ii) signed by not less than Fifty One (51%) percent of all
of the persons who, at a properly convened meeting of
the Corporation, would be entitled to exercise the
powers of voting conferred by the Act or the Bylaws
and representing not less than Fifty One (51%) percent
of the total Unit factors for all of the Units;
(n)
"Owner" means the Owner of a Unit in the Condominium Plan;
(o)
"Parcel" means the land comprised in the Condominium Plan;
(p)
"Special Resolution" means a resolution:
(i) passed
at a properly convened meeting of t.'^
Corporation by a majority of not less than Seventy
five (75%) Percent of all the persons entitled to
exercise the powers of voting conferred by the Act or
by the Bylaws and representing not less than Seventy
Five (75%) Percent of the total Unit factors for all
the Units, or
(ii) signed by not less than Seventy Five (75) Percent of
all the persons who, at a properly convened meeting of
the Corporation, would be entitled to exercise the
powers of voting conferred by the Act or the Bylaws
and representing not less than Seventy Five (75%)
Percent of the total Unit factors for all the Units;
(q)
"Unanimous Resolution" means a resolution:
(i) passed unanimously at a properly convened meeting o^
the
Corporation
by
all
the
persons
entitled t '
exercise the powers of voting conferred by the Act or
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the
Bylaws,
and
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representing the
total
Unit
factors
for all the Units; or
(ii) signed
by
meeting
all
of
persons
the
who,
at
Corporation,
a
properly
would
be
convened
entitled
to
exercise the powers of voting conferred by the Act or
the Bylaws;
(r)
"Unit"
means
an
area
designated
as
a
Unit
by
the
Condominium Plan;
(s)
"Unit factor" means the Unit factor for each Unit as more
particularly described in the Condominium Plan.
B.
Words and expressions which have a special meaning assigned to
them in the Act have the same meaning in these Bylaws and other
expressions used in these Bylaws and not defined in the Act or
in these Bylaws have the same meaning as may be assigned to them
in the Land Titles Act of Alberta, as amended from time to time,
or in any statute or statutes passed in substitution therefor or
replacement thereof, unless the context otherwise requires.
C.
These
Bylaws
gender
as
"Owners"
Residents"
are
to
required
shall
or
be
be
by
read
the
read
"Occupier
with
context,
"Tenant"
or
all
or
changes
and
the
of
word
"Tenants",
Occupiers"
as
the
number
and
"Owner"
or
"Resident
or
context
may
require.
D.
The headings in the body of these Bylaws form no part of these
Bylaws but shall be deemed to be inserted for the convenience of
reference only.
In the event of any conflict between these
Bylaws and the Act, the Act shall prevail.
Q\^ '
E.
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tfS^i$J$X-^ZUR—4ENVE-STMENTS—LTDr^—irt-s—snccegsor-97—as&iqns-and-desigpees^
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F.
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In these Bylaws, common assessments or Common expense levies may
sometimes be referred to as Condominium Fees.
2.
THE OWNERS
A.
Duties of Owners
'
An Owner shall:
(a)
permit the Corporation and its agents, at all reasonable
times on notice (except in case of emergency when no notice
is required), to enter in or on his Unit for the purpose of
inspecting the Unit and maintaining, repairing or renewing
pipes, wires,, cables, ducts, conduits, plumbing, sewers and
other facilities for the furnishing of utilities for the
time being existing in the Unit and capable of being used
in connection with the enjoyment of any other Unit or
Common property,
or
for the purpose of maintaining,
repairing and renewing Common Property, or for the purpose^
of ensuring that the Bylaws are being observed;
(b)
forthwith carry out all work that may be ordered by any
municipal or public authority in respect of his Unit, and
pay all rates, taxes, charges, outgoings and assessments,
that may be payable in respect of his Unit;
(c)
repair and maintain his Unit including all Unit windows,
doors, mailbox, screen doors, door bell buttons, and light
fixtures and their bulbs attached to the exterior of the
Unit and keep it in a state of good repair;
(d)
not paint any of the exterior of the Units or the Common
Property, including the fence which encloses the yards
immediately adjacent to each Unit, or alter the appearance
thereof or do or permit to be done anything which would
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alter the appearance of any Unit or the Common Property
without the prior written permission of the Board;
(e)
use and enjoy the Common property in such a manner so as to
not
unreasonably
interfere
with
the
use
and
enjoyment
thereof by other Owners or their families or visitors;
(f)
not use his Unit or permit it to be used in any manner for
any purpose which may be illegal or injurious, or that will
cause nuisance or hazard to any Occupier of a Unit (whether
an Owner or not), or the family of such an Occupier;
(g)
notify the Corporation forthwith, in writing, upon any
change of Ownership or of any mortgage or other dealing in
connection with his Unit;
(h)
f
comply with and cause all his Tenants, family, visitors and
other occupants of his Unit to comply with the Bylaws, the
Act, and regulations in force;
(i)
pay to the Corporation when due all Common expenses levied
or assessed against his Unit together with interest on any
arrears
thereof
at
the
rate
of
Twelve
(12%)
Percent
per
annum, compounded annually, or at the rate of interest as
may be approved from time to time by Special Resolution,
calculated from the due date until payment;
(j)
pay to the Corporation all legal expenses incurred as a
result of having to take proceedings to collect any Common
expenses levied or assessed against his Unit, and such
legal expenses shall be paid on solicitor and his own
client indemnification basis;
f^
(k)
observe all Bylaws pertaining to the use of the Common
property and comply strictly with the Bylaws;
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(1) allow the Corporation entry to his Unit in the event of an^
emergency, for the purposes of protecting the property of
other Owners or Occupiers and the property of the
Corporation, and in the event his Unit is so entered, the
Owner shall save harmless and indemnify the Corporation,
its agents and employees from any claims arising from such
entry.
B.
Should any Owner have any suggestions, questions or complaints
for the Corporation, they shall be in writing and addressed to
the Corporation in an envelope marked to the attention of the
Board.
The Board shall not be required to act on any
suggestion, question or complaint that is not in writing and
properly submitted to the Corporation.
BOARD MEMBERS - (ELECTION/QUALIFICATIONS)
(a) The Board, for the benefit of the Corporation and alJ^
Owners and Mortgagees, shall have vested in it the powers
of the Corporation and shall enforce the provisions hereof.
Until the first Annual General Meeting of the Owners, the
Board shall only consist of a representative or
representatives' of the Developer.
Thereafter, the Board
shall consist of not less than three nor more than seven
persons
and
shall be
elected at
each
annual
general
meeting, except for vacancies, (although members may also
be elected at an extra-ordinary general meeting) but where
there are no Mortgagees and not more than three Owners, the
Board shall consist of all Owners or such person or persons
in such number as the Owners of all Units may designate.
If a Unit has more than one Owner, only one such Owner may
sit on the Board at one time.
Notwithstanding the
generality of the foregoing, until the Developer has sold
and transferred ownership in Ninety (90%) Percent of the
Units, the majority of the Board, unless otherwise agreed^
to by the Developer, shall consist of representatives of
the Developer;
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f'
(b)
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Ownership of a Unit is not necessary for election to and
membership on the Board.
age
of
majority
election
to
indebted
the
to
shall
Board,
the
Any person who has attained the
be
eligible
provided
Corporation
that
for
for
any
an
nomination
Owner
and
who
assessment
is
or
assessments which are more than thirty (30) days overdue
shall
not
be
eligible for election or membership on the
Board;
(c)
At any election of the Board each person entitled to vote
shall be entitled to vote for as many nominees as there are
vacancies to be filled on the Board;
(d)
No more
than two registered Mortgagees or representatives
of them may be members of the Board at any one time;
(e)
All Board Members shall, as a condition of nomination to
the Board, make full disclosure of any direct or indirect
relationships to the Corporation such as a private company,
public company, partnership or proprietorship employed by
the Corporation or any pecuniary interest not mentioned.
DISQUALIFICATION/REMOVAL FROM THE BOARD
(a)
Except where the Board consists of less than three Owners,
Jthe Corporation may by resolution at a properly convened
meeting remove any member of the Board before the
expiration of his term of office and appoint another person
in his place to hold office until the next annual general
meeting;
(b)
The office of a member of the Board shall, ipso facto, be
vacated if he:
(i)
becomes bankrupt under the Bankruptcy Act (Canada) or
any Act passed in substitution therefor;
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(ii) is more than thirty (30) days in arrears in payment o
any contribution required to be made by him as an
Owner pursuant to these Bylaws;
(iii) becomes of unsound mind or mentally incompetent, or is
the subject of a certificate of incapacity issued
under the Dependent Adults Act, or any Act passed in
substitution therefor;
(iv) resigns his office by writing, under his hand, sent to
or left at the registered address of the Corporation
or delivered to an office of the Corporation;
(v)
is convicted of an indictable offence;
(vi) is absent from three consecutive meetings of the Board
without permission of the Board and it is resolved at
the subsequent meeting of the Board that his office b^
vacated;
(vii)
is refusing bonding, at a reasonable premium, by
a recognized bonding Institution; or
(viii)
5.
dies.
VACANCY ON THE BOARD
Where a vacancy occurs on the Board pursuant to Bylaw 4(b), the
Board may appoint a person to fill that vacancy for the
remainder of the former member's term, provided such person
qualifies for membership pursuant to Bylaw 3(b).
6-
BOARD QUORUM AND VOTING
(a) A quorum at a meeting of the Board shall be a simple^
majority of the members of the Board.
Any member of tht^
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Board may waive notice of a meeting before, during or after
the meeting and such waiver shall be deemed the equivalent
of due notice of the meeting;
(b)
At meetings of the Board,
by
majority
vote
and,
in
all matters shall be determined
the
event
of
a
tie
vote,
the
Chairman is entitled to a casting vote in addition to his
original vote.
CHAIRMAN OF THE
BOARD
The President and in his absence, the Vice-president, shall act
as Chairman of the Board meetings.
and Vice-president be absent,
Should both the President
then at the commencement of the
meeting the Board shall elect a Chairman for the meeting.
If
any Chairman vacates the Chair during the course of the meeting,
the
Board
shall
elect
in
his
stead another
Chairman who
shall
have the same rights of voting.
8.
DUTIES
OF THE
CORPORATION
The Corporation shall:
(a)
control, manage and administer the Common property for the
benefit of all the Owners and for the benefit of the entire
Condominium Corporation;
(b)
do all things required of it by the Act, these Bylaws, and
any other resolutions of the Corporation in force from time
to time;
(c)
where practical,
establish and maintain suitable lawns and
gardens on the Common property.
The Corporation shall not
be responsible for the establishment or maintenance of lawn
areas within an Owner's Maintenance Area;
f^
(d)
maintain and repair (including renewal where reasonably
necessary) pipes, wires,
cables, ducts,
conduits,
sewers,
and other facilities for the furnishing of utilities for
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the time being existing in the Parcel and capable of beinc*
used in connection with the enjoyment of more than one Unit
or the Common property;
(e)
upon written request therefor made by a Unit Owner or the
holder of any mortgage registered against a Unit, or the
duly authorized agent of such Owner or Mortgagee, provide
such Owner or Mortgagee with either a photocopy or
certified copy of all insurance appraisals obtained by the
Corporation and all fire and other peril, and all liability
insurance policies and endorsements maintained by the
Corporation,
as
well
as
all
renewal
certificates
or
certified copies of replacing policies or a photocopy of
the same;
(f)
subject to section 24 of the Act, call a general meeting of
the Owners,
and those Mortgagees who have notified the
Corporation of their interest, once in each calendar year^4
and in all cases allow no more than fifteen months to
elapse from one annual general meeting to the next;
(g)
control, manage, administer, maintain and repair all
chattels and other property whatsoever owned or leased by
the Corporation;
(h)
provide
for
necessary,
regular
collection
of
provide adequate garbage
garbage
receptacles
and,
if
on the
Common property for use by all of the Owners and provide
for regular collection therefrom;
(i)
subject to any obligations imposed by the Bylaws or by the
Corporation upon any Owners to maintain any part of the
Common property over which such Owners are granted
exclusive rights of use by the Corporation (including
without limitation, Maintenance Areas), maintain the Commor'
property notwithstanding that maintenance may be required
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as
a
result
of
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reasonable
wear
and
tear,
or
otherwise;
provide and maintain the existing parking facilities
for
all the Owners; and provide and maintain reasonable outside
lighting;
(j)
maintain and keep in a state of good repair, as may be
required as a result of reasonable wear and tear or
otherwise the following:
(i)
all outside surfaces of the Units,
limiting
the
generality
of
the
including without
foregoing,
exterior
walls, exterior of the roof and all roofing materials,
eavestroughs and exterior drains,
trim,
but
windows,
excluding
all
Unit
exterior beams and
screen
doors,
doors,
decks adjacent to the Unit, fences installed
enclosing an exclusive use area for a Unit,
door bell buttons,
mailbox,
and light fixtures and their bulbs
attached to exterior of Unit,
all of which
shall be
the responsibility of the Unit Owners;
(ii) all
fencing,
posts,
driveways,
roadways,
curbs,
sidewalks, parking areas, and other common facilities;
(iii)
all
other
affecting
outside
the
hardware
appearance,
and
accoutrements
usability,
value
or
safety of the Parcel or the Units;
(iv) all utility services within, on, in, under or through
the Common property.
(k)
provide and maintain in full force all such insurance as is
required by the Act and by the provisions of these Bylaws
to be maintained by the Corporation;
(1)
indemnify every Board Member, employee or officer, and his
or her heirs, executors and administrators against all
damages,
judgements,
settlements,
costs and
expense,
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including counsel
13
fees,
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reasonably incurred
by him i
connection with any action, suit or proceeding to which he
may be made a party by reason of his being or having been a
Board Member, employee or officer of the Corporation,
except as to matters as to which he shall be finally
adjudged in such action, suit or proceeding to be liable
for fines or penalties imposed in a criminal suit or action
or for unjustified profit or advantage or for any wrongful
act done or attempted in bad faith or dishonesty.
All
liability, loss, damage, costs and expense incurred or
suffered by the Corporation by reason of or arising out of
or in connection with the foregoing indemnification
provisions shall be treated and handled by the Corporation
as Common expenses.
POWERS OF THE CORPORATION
sm^
The Corporation may:
(a)
purchase, hire or otherwise acquire or dispose of or deal
with personal and real property for use by Owners in
connection with their enjoyment of Common property or their
Units or any of them, provided that real property shall
only be acquired or disposed of on approval by a Special
Resolution of the Corporation;
(b)
borrow monies required by it in the performance of its
duties or the exercise of its powers provided that the
Corporation
shall
not borrow
in excess
of
Ten
Thousand
($10,000.00) dollars on any occasion or incur aggregate
indebtedness at any time exceeding Twenty-five thousand
($25,000.00) dollars without such borrowing or incurring of
debt being approved by Ordinary Resolution of the persons
entitled to vote at meetings of the Corporation;
(c)
secure the payment of monies borrowed by it, and th
payment of interest thereon, by negotiable instrument, or
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j«?n
14
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mortgage of unpaid contributions (whether levied or not) or
mortgage of any property vested in it, or by combination of
those means;
(d)
invest as it may determine,
any monies in the funds for
administrative expenses, to the extent permitted by law for
trustees
under
the
Trustee
Act
or
any
act
passed
in
substitution therefor;
(e)
make an agreement with any Owner or Occupier of a Unit for
the provision of amenities or services by it to the Unit or
to the Owner or Occupier thereof and may grant a lease to
an
Owner
under
Section 41
of
the Act
(or
any
provision
passed in substitution therefor);
(f)
grant to an Owner the right to exclusive use and enjoyment
of
f^
.
Common
property
or
special
privileges
in
respect
thereof, but, except for the provisions of these Bylaws
relating to parking privileges,
any such grant shall be
terminated on reasonable notice unless the Corporation by
Unanimous resolution otherwise resolves;
(g)
do all things reasonably necessary. for the enforcement of
the Bylaws and the control, management and administration
of the Common property and any part of a Unit with which it
may be concerned, including without restriction the
*1
'following:
(i)
commencement
and prosecution
of
proceedings
under
Section 29 of the Act (or any provision passed in
substitution therefor) to collect a penalty of up to
$200.00 as contemplated under the Act;
(ii) impose, collect and deal with deposits for the rental
/0&S
of
a
Unit
under
Section
44
of
the
Act
(or
any
provision passed in substitution therefor), provided
that the deposit for the rental of a Unit shall not
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15
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exceed the maximum allowable under the Act.
At th
time of passing these Bylaws the maximum deposit
allowable under the Act is one (1) month's rent for
the Unit;
(iii) give notice to give up possession of a Unit pursuant
to Section 45 of the Act (or any provision passed in
substitution therefor) and make application to the
Court under Section 46 or 47 of the Act (or any
provision passed in substitution for
Sections) provided that such notices
applications shall be in accordance
the said
and such
with the
provisions of the Act;
(h)
pay an annual honorarium, salary or stipend, to a member of
the Board, as may be determined from time to time by
Ordinary Resolution of the Corporation;
(i) in the event of fire, gas, water leakage or other emergency
situation, force entry into any Unit for the purpose of
dealing with such emergency and for the purpose of
protecting the property of other Owners, Occupiers and the
Corporation as the case may be. The Owner or Occupier of
the Unit so entered shall save harmless the Corporation,
its agents and employees for any claim or damage arising
from such forced entry;
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(j)
impose and exact the fees and charges referred to in Bylaw
15(d);
<k)
exercise all of the rights, powers and duties conferred on
the Corporation by the Act as amended from time to time,
and the Bylaws of the Corporation.
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10.
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OFFICERS
At
the
shall
first
elect
Annual
from
General
its
Meeting of
members
a
the
President,
Owners
the
Board
Vice-President,
Secretary and Treasurer of the Corporation, and the persons who
are elected President and Vice President shall not be elected as
Secretary and Treasurer.
of
the
Owners,
foregoing,
until
and
Until the first Annual General Meeting
notwithstanding
the
Developer
the
has
generality
sold
and
of
the
transferred
ownership of all the Units, a representative or representatives
of
the Developer shall act as
President and Secretary of the
Corporation.
11.
DUTIES OF THE OFFICERS
The following duties are assigned to the Officers; however, the
Board may make other allocations:
(a) the President,
or
in the
event
of
his
absence
or
disability, the Vice-president:
/0&S
(i)
is responsible for the daily execution of the business
of the Corporation;
(ii) shall act as Chairman of the meetings of the Board.
(b)
the
Secretary,
or
in
the
event
of
his
absence
or
disability, another member of the Board designated by the
Board:
(i)
shall record and maintain all the Minutes of the
Board, and all meetings of the Corporation; and shall
record votes for and against on all decisions;
(ii) is responsible for all the correspondence of the
Corporation;
(iii)
shall carry out his duties under the direction of
the President and the Board.
(c)
the
Treasurer,
or,
in
the
event
of
his
absence
or
disability, another member of the Board designated by the
Board:
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(i) shall receive all monies paid to the Corporation an>"^
deposit it as the Board may direct;
(ii) properly account for the funds of the Corporation and
keep such books as the Board may direct;
(iii) present to the Board when required to do so by the
Board,
a
full
detailed
account
of
receipts
and
disbursements of the Corporation;
(iv) prepare for submission at the annual general meeting,
a budget for the forthcoming fiscal year of the
Corporation, and if required by Ordinary Resolution of
the members of the Corporation, an audited statement
for the most recently completed fiscal year of the
Corporation.
The Secretary and Treasurer may, on resolution of the Board,
allow the Manager to carry out their duties provided that th^
Secretary and Treasurer, as the case may be, supervises those
duties of the Manager.
12.
SEAL OF CORPORATION
The Corporation shall have a seal which shall be used as
authorized by resolution of the Board and in the event no such
resolution has been passed then the seal shall be used in the
presence of at least two (2) members of the Board, who shall
sign
the
instrument
to which
the
seal
is
affixed.
Notwithstanding the generality of the foregoing,
until the
Developer has sold and transferred ownership of all
of the
Units, the seal can be used in the presence of only one (1)
member of the Board.
13.
SIGNING AUTHORITIES
The Board shall determine, by resolution from time to time^.
which Officers shall sign cheques, drafts and other instruments
and documents not required to be under corporate seal and may
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authorize
the
Manager
18
to
-
sign
the
same
with
or
without
co-signing by any Officer or Officers.
Notwithstanding the
foregoing, the Manager shall not sign Corporation cheques.
14.
DUTIES OF BOARD
The Board shall:
(a)
Cause minutes to be kept of its proceedings which shall,
unless the Board otherwise decides, be kept by the
Secretary;
(b)
Cause minutes to be kept of general meetings which shall,
unless the Board otherwise decides, be kept by the
Secretary;
(c)
Cause proper books of account to be kept in respect of all
sums of money received and expended by the Corporation, and
the matters in respect of which such receipts and
expenditures take place, the keeping of said books, unless
the Board otherwise decides, to be the responsibility of
the Treasurer;
(d)
Cause to be prepared proper accounts relating to all monies
of
the
Corporation
therefor,
for
and
each
the
annual
income
and
general
expenditures
meeting,
such
preparation, unless the Board otherwise decides, to be the
responsibility of the Treasurer;
(e)
On
application
of
an
Owner
or
authorized in writing by one of
Mortgagee
them,
or
any
person
make the books of
account and all minutes of the meetings of the Corporation
and the
times,
Board available
and
specific
further
for inspection at all reasonable
provide
request thereof,
to
any
Mortgagee
who
copies of all minutes
meetings of the Corporation and of the Board;
makes
of all
-
(f)
19
-
On application of an Owner or Mortgagee, or any perso^
authorized in writing by one of them,
statement
of
assessments
any
and
Unit
with
with
regard
regard
to
to
give a complete
Common
fulfillment
expense
of
all
the
Owners' obligations in connection with the Corporation or
his Unit;
(g)
Cause to be assessed to each Owner in proper proportion his
contribution towards Common expenses and enforce payment of
same, as more particularly set out in these Bylaws;
(h)
Upon the written request of an Owner, Purchaser or
Mortgagee of a Unit, provide the particulars and materials
pursuant to Sections 31(3), 36 and 39 of the Act (or any
provisions passed in substitution for the said sections);
(i)
At all times keep and maintain
in force all
insurance
required hereunder and by the Act,, to be maintained by tb-^%
Corporation and from time to time settle and enter into
insurance trust agreements as required by the Corporation;
(j)
Create and maintain by Common expense levy a Capital
Replacement •Reserve Fund for the
replacement and refurbishment of the
any real or personal property owned
with the Board applying such funds and
from time to time for such purposes.
purpose of repair,
Common property and
by the Corporation,
the proceeds thereof
Notwithstanding the
generality of the foregoing, the calculations of and
contributions to the Capital Replacement Fund shall
commence
after
the
Developer
has
sold
and
transferred
ownership of all of the Units.
15.
THE POWERS OF THE BOARD
The Board may:
(a)
meet together for the conduct of business,
adjourn, an.
otherwise regulate its meetings as it thinks fit, but it
-
f
20
-
shall meet when any member gives to the other members not
less than seven (7) days' notice of a meeting proposed by
him specifying the reason for calling the meeting;
(b)
employ or authorize the Manager, if any, to employ for and
on behalf of the Corporation such other agents and servants
as it thinks fit in connection with the control, management
and administration of the Common property, and the exercise
and
performance
of
the
powers
and
duties
of
the
Corporation;
(c)
subject to any restriction imposed or direction given at a
general
meeting,
delegate
to one or more of
its members
such of its powers and duties as it thinks fit, and at any
time revoke such delegation;
(d)
•
set
and
charge
for
and
on
behalf
of
the
Corporation
reasonable fees to compensate the Corporation for expenses
it incurs in producing and providing any documents or
copies required under the Act or pursuant to these Bylaws;
(e)
do all things reasonably necessary for the enforcement of
the Bylaws and the control,
management and administration
of the Common property and any part of a Unit with which it
may
be
connected,
including
without
limitation
the
^following:
(i)
commencement
Section
29
and
of
prosecution
the
Act
(or
of
proceedings
under
any provision passed in
substitution therefor) to collect a penalty of up to
$200.00 as contemplated under the Act;
(ii) impose, collect and deal with deposits for the rental
f^
of a Unit under Section 44 of the Act (or any
provision
that
the
passed in
deposit
substitution therefor)
shall
not
exceed
the
provided
maximum
21
-
allowable under the Act.
At the time of passing thes
Bylaws the maximum deposit allowable under the Act was,
one (1) month's rent for the Unit;
(iii)
give
notice
to
give up
possession
of
a Unit
pursuant to Section 45 of the Act (or any
provision passed in substitution therefor) and
make applications to the Court under Sections 46
and 47 of the Act (or any provision passed in
substitution
for the said sections),
provided
that such notices and such applications shall be
in accordance with the provisions of the Act;
(f)
employ for and on behalf of the Corporation an independent
professional management agency, agent or Manager (herein
referred to as the "Manager") to supervise, manage, carry
out
and
perform
any
and
all
of
the
duties
of
the
Corporation set out in Bylaws (a), (c), (d), (e), (g), (h
(i), (j), and (k) of Bylaw 8 hereof and such other duties
as the Board may determine from time to time, subject
always to the control and direction of the Corporation and
the Board, such Manager to be reasonably fit and suited to
perform such duties.
Bylaw
17
hereafter,
Without limiting the generality of
if any group of
vote representing Twenty Five
persons
entitled to
(25%) Percent of the total
Unit factors of the Units shall at any time be dissatisfied
with the fitness or suitability of such Manager employed as
aforesaid or the adequacy of the work or service performed
by him, such group of persons may by requisition addressed
to the Corporation require the calling of an extra—ordinary
general meeting; and upon such a requisition being made as
aforesaid, the Board shall forthwith call an extra-ordinary
general
meeting
of
the
Corporation
to
consider
complaint or complaints by such group of persons,
continuance
or
termination
of
the
employment
the
and the
of
su
Manager, and/or the terms thereof, and/or the employment of
22
a
replacement,
Ordinary
shall
Resolution
-
be
at
considered
and
determined
such meeting and the
govern itself according to
such resolution.
Board
by
shall
The Manager
employed by the Board as aforesaid need not devote his full
time to the performance of the duties of the Corporation so
long as those duties are performed in good and sufficient
fashion
and may
(without
limiting the
generality of
the
foregoing) act as rental or leasing agent for Unit Owners
to
the
extent
that
so
doing will
not
interfere with or
unreasonably impede the performance of his duties for the
Corporation;
(g)
From time to
administer
time pass
and
control
resolutions
the
use
of
to regulate,
the
Common
manage,
property
including but not restricted to deposits, the hours of use,
supervision of, reservations for, security of, privacy and
access to the Common property.
/jSPN
16.
MEETINGS
(a)
All
meetings
of
the
Board
and
general
meetings
of
the
Corporation shall be conducted according to Robert's Rules
of Order;
(b)
All general meetings of the Corporation other than annual
general meetings shall be called extra-ordinary general
meetings.
17.
CONVENING OF MEETINGS
The Board may, whenever it thinks fit, and shall within Twenty
One (21) days, upon a requisition in writing made by persons
entitled to vote representing one third (1/3) of the total Unit
factors convene an extra-ordinary general meeting.
The Board
will convene annual general meetings of the Corporation as and
whenever required by the provisions of these Bylaws.
-
18.
23
-
NOTICE OF MEETINGS
Seven (7) days' notice of every general or extra-ordinary
general meeting of the Corporation specifying the place, the
date and the hour of meeting and, in case of special business,
the general nature of that business, shall be given to all
Owners
and
registered
Mortgagees
who
have
notified
their
interests to the Corporation, but accidental omission to give
notice to any Owner or to any registered Mortgagee or
non-receipt of notice by any Owner or any Mortgagee does not
invalidate any proceedings at any such meeting.
19.
BUSINESS
Subject to the provisions of the Act, all business shall be
deemed ordinary that is transacted at an annual general meeting
of the Corporation.
All business whatsoever that is transacted
at an extra-ordinary general meeting shall be deemed special.
20.
CHAIRMAN OF CORPORATION MEETING
The President, and in his absence, the Vice-President of the
Corporation shall act as Chairman of the meeting of the members
of the Corporation.
In the absence of both the President •and
Vice-President, then at the commencement of the meeting, a
Chairman of the meeting shall be elected.
21.
ORDER OF BUSINESS AT CORPORATION MEETING
The order of business in any properly convened meeting of the
Corporation, unless altered by a majority of those in attendance
who are entitled to vote, shall be as follows:
(a)
Call to order by the Chairman;
(b)
Call the roll and certify proxies;
24
-
(d
Proof of notice of meeting or waiver of notice;
Reading and disposal of any unapproved minutes;
(e
Reports of Officers;
(f
Reports of Committees;
(g
Financial Report/Budget and Appointment of Auditors
(c
(if
necessary);
22.
(h
Unfinished Business;
(i
Ratification of Past Acts of Board Members & Officers;
(j
New Business;
(k
Election of Members of the Board;
(1
Adjournment.
QUORUM REQUIRED
Except as otherwise provided in these Bylaws, and in particular
Bylaw 23, no business shall be transacted at any meeting of the
Corporation unless a quorum of persons entitled to vote is
present at the time when the meeting proceeds to do business. A
quorum
at
any
meeting
of
the
Corporation
shall
consist
of
persons entitled to vote present in person or by proxy,
representing no less than one third (1/3) of the total Unit
factors.
23.
ADJOURNMENT FOR LACK OF QUORUM
If within fifteen (15) minutes from the time appointed for a
meeting of the Corporation, a quorum is not present, the meeting
shall stand adjourned for a further fifteen (15) minutes and if
after the fifteen minute adjournment a quorum is not present,
the
persons
entitled
to
vote
who
are
present
constitute
a
quorum.
24.
RESOLUTIONS
At any meeting of the Corporation a resolution moved or proposed
at a meeting shall be decided on a show of hands unless a poll
-
25
-
is demanded by a person entitled to vote present in person or by-^.
proxy, and unless a poll is so demanded, a declaration by the
Chairman that a resolution has on the show of hands, been
carried, is conclusive proof of the fact without proof of the
number or proportion of votes recorded in favor of or against
such resolution.
If a person demands a poll, that person may
withdraw that demand and, upon the demand being withdrawn, the
vote shall be taken by a show of hands.
25.
METHOD OF TAKING A
POLL
A poll, if demanded,
shall be taken in such a manner as the
Chairman thinks fair and the result of the poll shall be deemed
to be the resolution of the meeting of the Corporation at which
the poll was demanded.
26.
EQUALITY OF VOTES
In the case of equality in the votes whether on a show of hands
or on a poll, the Chairman of a meeting of the Corporation i
entitled to a casting vote in addition to his original vote.
27.
VOTING
On a show of hands each person entitled to vote shall have one
vote;
on
a poll
the votes of persons entitled to vote shall
correspond with the Unit factors for the respective Units owned
by or mortgaged to them.
Except for those matters requiring a
Special resolution or Unanimous resolution all matters shall be
determined by an Ordinary resolution.
28.
>v
MANNER OF VOTING
On a show of hands or on a poll, votes may be given either
personally or by proxy, and on a show of hands, the person
entitled to vote may indicate that he is showing hands with
respect to a number of votes, provided that his proxy is in
order if he is voting as proxy,
counted.
and the votes
shall
be so
1
-
29.
26
-
PROXIES
An instrument appointing a proxy shall be in writing under the
hand of the appointer or his attorney, and may be either general
or for a particular meeting, but the holder of a proxy need not
be an Owner or Mortgagee.
30.
ENTITLEMENT TO VOTE
There are no
restrictions or limitations on the right to vote
other than the following:
(a)
such restrictions (if any) as are set out in the Act;
(b)
where
an
Owner's
registered
given
to
voting
interest
mortgage,
the
in
notice
Corporation
by
a
of
Unit
which
the
is
subject
mortgage
Mortgagee,
conferred upon such Owner by the
Act
to
has
a
a
been
power
of
or by these
Bylaws:
(i)
if
a
Unanimous
exercised
by
resolution
the
Owner,
is
but
required,
is
may
exercisable
not
be
by the
registered Mortgagee first entitled in priority, and
(ii) in other cases, is exercisable by the Mortgagee first
entitled in priority, and may not be exercised by the
Owner,
if the Mortgagee is present personally or by
proxy.
These provisions
continues
in
shall apply only if Section 21 of the Act
force
unless
the
Act
is
amended
to
provide
otherwise;
(c)
no Owner shall be entitled to vote at any general meeting
(annual or otherwise) or extra-ordinary meeting if he is
more than thirty (30) days in arrears in sums payable to
the Corporation in respect of his Unit, provided that such
inability on the part of the Owner shall not in any way
affect the ability of a Mortgagee of the Owner's Unit,
first entitled in priority, who has given notice of his
-
27
-
mortgage to the Corporation and whose mortgage wa
registered prior to the occurrence of the Owner's arrears
from exercising voting privileges for his Unit.
31.
VOTE BY CO-OWNERS
Co-Owners may vote by proxy jointly appointed by them, and in
the absence of such a proxy are entitled to vote on a show of
hands, with each person having one vote, except when a Unanimous
Resolution of Owners is required by the Act,
but any one
co-Owner may demand a poll, and on any poll each co-Owner is
entitled to such part of the vote applicable to a Unit as is
proportionate to his interest in the Unit, and the joint proxy,
if any, on a poll has a vote proportionate to the interest in
the Unit of such of the joint Owners as do not vote personally
or by individual proxy.
32.
SUCCESSIVE INTEREST
Where Owners are entitled to successive interests in a Unit, th""^
Owner entitled to the first interest is alone entitled to vote,
whether on a show of hands or a poll, and this Bylaw is
applicable
whether
or not
the
Act
requires
the
Unanimous
resolution of Owners.
33.
TRUSTEE VOTE
Where an Owner is a trustee he shall exercise the voting rights
in respect of the Unit to the exclusion of persons beneficially
interested in the trust, and the latter may not vote.
34.
SIGNED RESOLUTIONS
(a)
A resolution of the Board in writing signed by all of the
members shall be as effective as a resolution passed at a
meeting of the Board duly convened and held;
/fl^v
-
(b)
28
Subject to the provisions of the Act, any resolution of the
Corporation determined upon or made without a meeting and
evidenced by writing, signed in person or by proxy as
contemplated
effectual
in
as
these
Bylaws
shall
be
a resolution duly passed
as
at
valid
and
a properly
convened meeting of the Corporation and shall take effect
and be an Ordinary Resolution, Special resolution or a
Unanimous resolution as the case may be in accordance with
the requirement of these Bylaws and the Act.
35.
OBSERVANCE OF BYLAWS/SEVERANCE
The Corporation,
the Board and all Owners,
Tenants and other
occupants of the Units shall observe and obey all such Bylaws as
are applicable to each of them and as amended from time to time
whether or not such Bylaws or any parts thereof are registered
at the Land Titles Office.
If any provision or provisions of
'
these Bylaws are or become illegal or not enforceable, it or
they shall be deemed to be and shall be separate and severable
from these Bylaws and the remaining provisions of these Bylaws
shall
remain
in
full
force
and
effect
as
if
the
severable
provision or provisions had not been included in these Bylaws.
36.
AMENDMENT OF BYLAWS
These^Bylaws may be added to, replaced, amended, or repealed by
Special Resolution of the Corporation and not otherwise.
37.
FINANCIAL STATEMENT
If
required
by
any
general
meeting,
the
annual
financial
statements produced by the Board shall be audited and certified
by auditors or certified accountants appointed by the Board.
-
38.
29
-
EXPENDITURES BY MANAGER
Any Manager
Board,
employed by the
Board
may,
by
Resolution of the
from time to time, make expenditures not to exceed One
Thousand ($1,000.00) Dollars per month without specific approval
of
the
Board,
but
any
expenditure
in
excess
of
One
($1,000.00) Dollars must be approved by the Board.
Thousand
The Board
may revoke such Resolution at any time by a further Resolution
of the Board.
39.
BONDING OF MANAGER/BOARD
(a)
Any Manager shall be bonded for the loss of
any money or
other property through any fraudulent or dishonest acts of
the
Manager,
its
agents
or
employees
for
an
amount
determined by the Board, in its sole discretion;
(b)
The Board on behalf of the Corporation shall obtain a bond
from
a
recognized
bonding
fraudulent
or
dishonest
Corporation
and
extended
institution
acts
to
by
bond
covering
employees
all
Officers
loss
by
of
tr
and
all
members of the Board for los6 of funds or other property of
the Corporation in an amount of not less than Ten Thousand
($10,000.00) Dollars;
(c)
The Owners may,
require
that
on Ordinary Resolution of the Corporation,
all
members
of
the
Board
be
bonded
by
recognized bonding institution in an amount not less than
one year's common expenses.
The cost of any bonding of the Board shall be a Common expense
of the Corporation.
40.
ESTOPPEL CERTIFICATE
Any certificate, required in writing, as to the Owners' position
with regard to Common expense assessments or otherwise,
issue4x
by the Corporation under the corporate seal, shall be deemed t»„
estoppel certificate, and the Corporation and all of the Owners
30
'•
-
shall be estopped from denying the accuracy of such certificate
against any Mortgagee, purchaser or other person dealing with
the Unit Owner; but this shall not prevent the enforcement
against the Unit Owners of all obligations of the Unit Owners
whether improperly stated in such estoppel certificate or not.
41.
NOTICE OF DEFAULT TO MORTGAGEE
Any notice of default sent to an Owner shall also be sent to all
those Mortgagees holding registered mortgages of such Owner's
Unit who have notified the Corporation of their mortgages.
42.
NOTICE
Every notice, demand or request permitted or required to be
given or served hereunder shall be deemed to be properly and
effectively given or served:
(a)
upon the Corporation if delivered by hand to the office of
the
Manager
of
the Corporation,
if
any,
or mailed by
depositing the same in a post box, enclosed in a
postage-prepaid envelope addressed to the Corporation at
its registered address as filed at the Land Titles Office;
(b)
upon an Owner by delivery by hand to the Owner (and if
there is more than one Owner then to any one of such
Owners), by leaving same at the Unit, or by mail by
depositing the notice in a post box, enclosed in a
•<postage-prepaid
envelope
addressed
to
the
Owner
at
the
municipal address of his Unit or to an address provided by
the Owner pursuant to Bylaw 59(a);
(c)
upon a Mortgagee of a Unit by delivery by hand to the
Mortgagee (or if the Mortgagee is a company to a person in
authority with such Mortgagee) or by mail by depositing the
notice in a post box, enclosed in a postage-prepaid
envelope addressed to the Mortgagee at the municipal
address of such Mortgagee notified to the Corporation;
provided,
however, that any notice providing for or
-
31
-
contemplating any meeting or any acts or steps that woul'^^\
if
approved
or
Corporation,
taken
shall
be
involve
given
the
by
winding
prepaid
up
of
the
registered mail
addressed to the Mortgagee as aforesaid.
The Corporation may change its address for service by resolution
of the Board causing the change in address to be recorded at the
appropriate Land Titles Office.
A Mortgagee of a Unit may
change its address for service by giving notice, in writing, of
the change to the Corporation in the manner aforesaid.
Any
notices,
demands or requests served by mail as aforesaid shall
be deemed to have been received seven (7) days after the time of
mailing, provided, however, that if there is an interruption of
mail
service,
the
notice
shall
not
be
deemed
to
have
been
received until the seventh day following restoration of normal
mail service.
43.
INSURANCE
The
Board,
on
behalf
of
the
Corporation,
shall
obtain
and
maintain the following insurance:
i)
Property Insurance
Insurance
kitchen
on
all
and
.cdeveloper,
of
other
the
Units
fixtures
excluding
including
initially
furnishings,
the
bathroom,
installed
improvements,
by
the
fixtures
and any property brought into or installed in a Unit by an
Owner,
and
all
the
insurable
insurable property both real
whatsoever
of
the
and
Corporation,
generality of the foregoing,
Common
property
personal
and
and
all
of any nature
without
limiting the
such insurance shall provide
and include the following:
(a)
the perils insured against shall be
generally
understood
in
physical loss or damage;
the
"All Risks"
insurance
business)
(«*>%
o^
-
V
(b)
32
-
the coverage will provide for settlement on the basis
of
replacement
cost
and
that
no
deduction
shall
be
made from any settlement for depreciation;
(c)
adequate coverage for boiler insurance if any boilers
or pressure vessels exist;
(d)
that no breach of a statutory or other condition of
the policy by any one insured will cause the policy to
become void as
respects
the
interests
of
the
other
Insureds and that the provisions of Standard Mortgage
Clause IBC 3000 (or its equivalent) shall be read into
the insurance for the benefit of all Mortgagees;
(e)
any co-insurance clause shall be on a
stated amount
basis (and not on any other basis) and only in such a
fashion as to not diminish the amount of any claim
gm\
settlement;
(f)
the
insurers'
Corporation
and
rights
of
the members
recovery
of the
against
the
Board are waived
and that the insurers' rights of recovery against any
Owner (and any residents of an Owner's household, his
spouse, the relatives of either and any other person
under the age of majority in the care of an Owner or
.<
his spouse) are waived, except with respect to arson,
fraud and vehicle impact;
(g)
such policies may not be cancelled or substantially
modified
without
a
least
written notice to all
thirty
(30)
days'
prior
of the Insureds including all
registered Mortgagees of Units;
V
(h)
such policies shall also provide that the Corporation
(or, if the Bylaws designate an Insurance Trustee, the
-
33
-
Insurance Trustee) shall have the right at its sol
option to obtain a cash settlement (without deduction
for depreciation) in the event of substantial damage
to
the
property
insured.
This
shall
occur
if the
Corporation is terminated by Unanimous Resolution of
the
Corporation
or
by
order
of
a Court
having
jurisdiction in that behalf to settle a scheme or to
terminate the Condominium status of the building or
parcel.
In such instance, the Insurers' option to
repair, rebuild or replace the property damaged or
lost shall be deleted or waived;
(i)
the Insurance Trustee,
Insurance Trustee,
if the Bylaws designate an
shall act as and be an agent on
behalf of the Corporation and Owners for the purpose
of and with authority to adjust and settle losses in
respect of all property and boiler and machinery
insurance policies effected by the Corporation.
ii)
Liability Insurance
The
Board shall
also obtain and maintain public
liability
insurance insuring the Corporation, the Board and the Owners
against their liability for bodily injury, death and damage to
property, to third parties or to the Owners and their invitees,
licencees or tenants, incidental to the enforcement of Bylaws
and ^the control,
Corporation's real
property.
management and administration of the
and personal property and the Common
Limits of liability under such insurance shall not be
less than two million ($2,000,000.00) Dollars inclusive per
occurrence for bodily injury, death and damage to property
including loss of use thereof. All policies of insurance shall
include as Insureds the Corporation, the Board and the members
of the Boards while acting within the scope of their duties as
such, and any Owners while acting on behalf of the Board, an^
the Insurance Trustee if there be one. Such liability insurance
shall contain a cross liability clause whereby the insurance
-
34
-
indemnifies each Insured as if a separate policy had been issued
to each, subject to the limit of Insurance indemnity otherwise
applicable not being affected.
iii) Errors and Omission Insurance
The Board shall also obtain and maintain Directors and Officers
Liability Insurance in an amount deemed appropriate by the Board
so long as such insurance is obtainable at reasonable costs.
iv)
Other Insurance Considerations
Prior
to
obtaining
thereof
the
Board
update)
from
a
any
policy
shall
of
fire
insurance
obtain an appraisal
qualified
and
reputable
or
(or
renewal
appraisal
appraiser
of
real
property, of the full replacement value of all of the property
required to be insured by the Corporation, and the Board shall
/Pn
maintain insurance at the levels required by the Act and by
these Bylaws and as suggested by the appraisals, provided that
failure to obtain a prior or any appraisal shall not invalidate
or affect any insurance placed by the Corporation.
The Board shall review the insurance coverage at least annually
and shall increase insurance at its discretion.
An
Owner
may
liability
of
Corporation
carry
the
shall
insurance on
insurers
not
his Unit
providing
the
provided
that
the
of
the
insurance
be affected or diminished by reason of
insurance carried by an Owner.
Nothing in these bylaws shall restrict the right of any Owner to
obtain
and maintain
insurance of
any kind
in
respect
of
the
ownership or use or occupation of their units and their personal
liability as permitted by the Act or otherwise permitted by law.
/J^N
In no event shall the insurance coverage obtained and maintained
by the Corporation be brought into contribution with insurance
purchased by any Owners or their Mortgagees.
-
44.
35
-
DEDUCTIBLE
A.
For Damage Caused by Owner
In the event that a claim is made under any policy of insurance
maintained by
which
the
Owner,
the Corporation and the cause
claim is
occupier
or
made
is
tenant
due
of
to
an
of
the
loss for
an act or omission of an
Owner
or
member
of
their
families or the guests, invitees or licensees of such Owner,
then the Owner shall immediately reimburse the Corporation for
any insurance deductible paid by the Corporation with respect to
the loss for which the claim is made, the amount of same to be
recoverable by the Corporation as a contribution against all
other costs, charges and liabilities arising out of any loss
that may be sustained or incurred by the Corporation.
B.
Damage Caused by Corporation
In the event that a claim is made under any policy of insurance
maintained by the
Corporation and the
cause of
the
loss
for
which the claim is made is due to an act or omission of th'*"^
Corporation, its officers, the Board of Managers or its Members
or the employees or agents of any of the foregoing, the
Corporation shall bear any insurance deductible with respect to
the loss for which the claim is made, otherwise the Owner of the
Unit shall bear the cost of the deductible.
The onus of proof
of cause or neglect shall be upon the Owner.
•<
45.
OWNER'S USAGE
(a)
An Owner shall not:
(i)
use his Unit for any purpose that may be illegal or
injurious to the regulation of
amenities comprising the Parcel;
the
buildings
and
(ii) make or permit any disturbing noises on the Common
Property or do or permit anything to be done therei
which will interfere with the rights, comfort Oi.
convenience of other occupants of the Parcel.
No
36
Owner
shall play or permit to be played loudly any
musical
instrument,
television,
nor
phonograph,
shall
any
stereo,
Owner
radio
practice
or
or
allow
either vocal or instrumental music at any time in such
a
manner
as
to
disturb
or
annoy
other
members
or on
the
or
occupants of the buildings;
(iii)
keep
any
animals
in
his
Unit
Common
property other than the pets authorized by these
Bylaws;
(b)
when the purpose for which a Unit is intended to be used is
shown
expressly
or
by
necessary
registered Condominium Plan,
implication
upon
the
use or permit the use of such
Unit for any other purpose;
(c)
render a Unit unfit for human habitation;
(d)
allow
his
heating
furnace
season.
to
be
An
rendered
Owner
inoperable
shall
take
during
the
appropriate
winterization steps to ensure that all heating systems are
in working order and that they are repaired, maintained and
replaced where
necessary.
The Corporation
shall
not
be
liable for any loss that is sustained due to failure of any
heating
equipment
in
the
Unit
and
an
Owner
shall
be
.^responsible for any loss to the Corporation or other Owners
or Occupiers should an Owner fail to observe this Bylaw.
46.
ONE FAMILY UNIT
(a)
Each Unit shall be occupied only as a one-family residence
by the Owner of the Unit, his family and guests or a Tenant
of the Owner, his family and guests, and for the purpose of
these Bylaws:
(i)
"one
family
residence"
means
a
Unit
occupied
intended to be occupied as residence by one
or
family
37
-
alone and containing one kitchen and in which n
Roomer or Boarder is allowed;
(11) "Boarder" means a person to whom room and board is
regularly supplied for consideration;
(iii)
"Roomer" is a person to whom a room is regularly
supplied for consideration.
(b)
No Unit shall be used in whole or in part for any
commercial or professional purpose involving the attendance
of the public at such Unit, and without limiting the
generality of the foregoing, no Unit or part thereof shall
be used as an office by a doctor, dentist, chiropractor,
drugless practitioner, or other professional person, except
as otherwise authorized by the Board in writing, which
approval may be arbitrarily withheld and if given, be
withdrawn at any time on thirty (30) days notice.
(c)
"*•*}
In the event the Board grants permission to use a Unit
other than as a one family residence, it shall be the
responsibility of the Owner or Occupier of the Unit, as the
case may be, to ensure that compliance has been met with
all rules, regulations, Bylaws and statutes that apply in
the circumstances.
(d)
The number of persons, adult and children, occupying a Unit
shall not exceed the numbers permitted by any municipal or
provincial law or authorities.
47.
STRUCTURAL ALTERATIONS
An Owner shall ensure that:
(a) no alterations, additions, decoration, redecoration,^
changes or installations be made on or adjoining the '
-
^
38
-
outside of any Unit by any Owner without the prior consent
in writing of the Board;
(b)
no structural alteration be made to the outer boundary of
any Unit including walls (whether partition walls, bearing
walls, or otherwise), ceiling and floor or to any bearing
walls or structures within the Unit or to any exterior door
or window, without the prior written consent of the Board;
(c)
no changes be made in the plumbing, drainage, electrical or
gas system within or outside any Unit, without the prior
written consent of the Board. Failure to comply with this
Bylaw will result in the responsible Owner being liable for
all
costs
incurred
by
the
Corporation
including
indemnification of its legal costs, for restoring any
alterations or changes made by the Owner;
(d)
any
changes
to
a
Unit
comply
with
all
Municipal,
Provincial, and Federal laws.
48.
FIRE HAZARD
No Owner shall do or permit anything to be done in the Unit
or on the Parcel or bring or keep anything thereon which
will in any way increase the risk of fire or the rate of
fire insurance on any building comprising part of the
Parcel,
or on
the property kept therein,
or obstruct or
interfere with the rights of other Owners or in any way
injure or unreasonably annoy them or conflict with the laws
relating to fires or with the regulations of the local Fire
Department or with any insurance policy on any building
comprising part of the condominium or any part thereof or
conflict
f^
Municipal
with
any
Health
of
the
rules
Department
or
and
with
ordinances
any
of
statute
Municipal Bylaw or with any other law whatsoever.
the
or
-
49.
39
-
WATER
/<^S\
Water shall not be left running unless in actual use in any Unit
and all taps and washers shall be kept in good repair. Water
must be turned off in vacant Units.
50.
PLUMBING
Toilets, sinks, tubs, drains, and other water apparatus shall
not be used for any purpose other than those for which they are
constructed, and no sweepings, garbage, grease, rubbish, rags,
ashes, or other substances shall be deposited or flushed through
such apparatus.
51.
COMBUSTIBLE MATERIALS
No stores of gasoline or other combustible or inflammable goods
or materials and no offensive goods, provisions or materials
shall be kept in any Unit, normal cleaning products and relate^
household goods excepted.
52.
SIGNS (UNITS)
No signs, billboards, notices or other advertising matter of any
kind shall be placed on any part of a Unit without the prior
written consent of the Board, which consent may be arbitrarily
withheld.
53.
ANTENNA
No antenna, aerial, satellite dish, tower or similar structure
and appurtenances thereto shall be erected on or fastened to any
Unit or the Common property, except by the Corporation for or in
connection with a common television cable or other distribution
or reception system.
40
f
54.
DECORATING
No portion of any Unit required to be maintained by the
Corporation shall be painted, decorated or otherwise affected by
anyone
other
than
the
Corporation without
the
consent,
in
writing, of the Board.
55.
LAUNDRY
No laundry shall be hung outside any Unit.
56.
AWNINGS
Neither awnings nor shades shall be erected over the outside of
the windows, nor shall any articles be hung or placed outside
window sills of any Unit without the prior written consent of
the Board.
57.
PETS
(a)
No
animal,
livestock,
fowl,
or
reptile
(all
of
the
foregoing hereinafter referred to as a "pet") of any kind
over 40 kilograms shall be kept in any Unit unless approved
by the Board, which approval the Board may on reasonable
grounds withhold, and may, if given, withdraw upon breach
of the Act or the Bylaws by'• the Owner or his pet, at any
time on fifteen (15) days notice.
(b)
Notwithstanding the generality of the foregoing, if the
Board, in its sole discretion, deems any pet whatsoever to
be or
be
causing unreasonable
disturbance
to
other
Unit
occupiers or to be a hazard to or harmful to any common
property or to
other Owners or Unit occupiers,
then the
Owner of the Unit or the occupier of the Unit in which such
pet
is kept shall forthwith,
on notice from the Board,
remove or cause to be removed such pet from his Unit and
such animal shall thereafter not be kept in that Unit or on
the Common Property at any time.
41
-
(c) Any municipal Bylaws in effect in the City of Edmonto^
shall have effect within the common property of the
Corporation.
Municipal Enforcement Officers are hereby
authorized to enforce the City of Edmonton Bylaws in the
common property of the Corporation.
(d)
Any and all permitted pets which may bear a leash will be
required to bear one when on the Common property.
No Owner
shall feed pigeons, gulls or other birds from the windows
or patios of their Unit, or anywhere in close proximity to
the Units without the written approval of the Board.
(e)
Any Owner of a pet at the time these Bylaws are registered
shall be entitled to keep that pet (subject to these
Bylaws), however, all new pets must be approved as
contemplated in Bylaw 57(a).
58.
DEBRIS
Nothing may be thrown out of the windows or doors of a Unit.
59. ' TENANTS AND OCCUPIERS
An Owner shall not lease or grant possession of his Unit to any
Tenant or Occupier:
(a)
until the Owner complies with the deposit requirements (if
any) of the Corporation and provides the Corporation with
an address for service of any notice that may be served
pursuant to the Act or the Bylaws as well as the name of
the Tenant or Occupier;
(b)
unless the Tenant, or Occupier undertakes in writing to be
bound by and comply with the Bylaws of the Corporation;
(c)
until the Owner gives notice in writing to the Corporation
of
the
tenancy or other occupancy accompanied
by the
-
f^
42
-
written undertaking of the Tenant, or Occupier to be bound
by the Bylaws of the Corporation;
No Tenant or Occupier shall move into or occupy a Unit unless
Bylaws 59(a), 59(b) and 59(c) have been complied with.
Nothing
in these Bylaws shall in any way remove, waive or alter the
responsibility of each Owner for the performance of all Bylaws
by all persons using or occupying his Unit.
Any Tenant or Occupier of a Unit on receiving notice from the
Corporation that the Owner of the Unit is in default of a
payment or contribution or assessment levied by the Corporation
or an installment or installments thereof, shall deduct from the
rent payable to the Owner the contribution or assessment levied
or the installment or installments in arrears (Condominium fees
and arrears) and any interest owing thereon and the Tenant or
Occupier shall pay the same to the Corporation and the amount so
V
paid shall be deemed to constitute rent paid to the Owner by the
Tenant or Occupier.
60.
GARBAGE
At no time shall mops, brooms, rugs and so forth be cleaned out
of a door or window of a Unit.
Owners shall tightly wrap, tie
and. containerize their garbage and shall deal with and locate
garbage and garbage containers as directed by the Board from
time to time and shall observe all Bylaws and regulations of the
Municipal authority in that regard. The following rules must be
observed with respect to trash equipment:
(a)
Debris shall be completely drip free before it leaves the
Unit and carried to the pick-up areas in a careful manner
and in a drip proof container;
0**\
(b)
Cartons,
solid
boxes,
matter
crates,
shall
be
sticks of wood,
placed
in
a
bottles or other
neat
manner
for
43
collection from the appropriate pick-up area.
Bulky item
must be taken by the Owner to the Municipal dump;
(c) Vacuum cleaner bags must be wrapped in a securely tied bag
or package and then placed in the appropriate area for
pick-up.
61.
NOISE
Owners, their families, guests, Tenants, visitors, and servants
shall not create or permit the creation of or continuation of
any noise or nuisance which, in the opinion of the Board or the
Manager, may or does disturb the comfort and quiet enjoyment of
the property by other Owners, their families, guests, visitors,
and persons having business with them and no noise caused by any
instrument or other device or otherwise, which, in the opinion
of the Board may disturb the comfort of the other Owners, shall
be permitted. Without limiting the generality of the foregoing
no noises shall be permitted or caused that exceed the following
decibel (db) limits (as measured by a sound meter approved by
the Board for use):
(a) 15 db on the c Scale between the hours of 11:00 p.m. and
8:00 a.m., and
(b)
30 db on the C Scale between the hours of 8:00 a.m. and
11:00 p.m.
62.
CONSTRUCTION
No Owner shall do any work or permit any work to be done in the
Unit that would disturb any other Owner between the hours of
6:00 p.m. and 8:30 a.m. on weekdays or at anytime on Saturdays,
Sundays or legal holidays without the prior written consent of
the Board.
/•^
-
63.
44
SALES AND EXHIBITS
No group tour or exhibition of any Unit or its contents shall be
conducted, and no auction sales, garage sales or other sales
shall be held in any Unit or upon the Common property without
the prior written consent of the Board.
64.
PRIVACY
No Owner shall trespass, or permit any occupant of his Unit to
trespass, on any part of the Parcel or Common Property to which
another Owner is entitled to exclusive use.
65.
OBSTRUCTION
No Owner shall erect or plant or cause to be erected or planted,
any fence, screen, barrier, awning shade, partition, tree, shrub
or flower on or which overhangs any part of the property not
exclusively occupied by such Owner without the prior written
/0»s
consent of the Board.
No Owner shall erect or plant or cause to
be erected or planted any fence, screen, barrier, awning shade,
partition, tree or hedge upon the Maintenance Areas surrounding
his Unit without the prior written consent of the Board. Any
consent required by this Bylaw may be arbitrarily withheld.
66.
HEALTH
(a) "'No Owner shall do anything or permit anything to be done
that is contrary to any of the provisions, rules or
ordinances of any statute or Municipal Bylaw or injurious
to health or the regulation of the Units or in any way in
violation of any laws whatsoever;
(b)
Units must be kept clean and in good order and free of
insects and vermin.
-
67.
45
PERSONAL BELONGING
All Owners will cause all articles belonging to their householc
other than patio furniture and other articles appropriately kept
on the patio or at the entranceways to their Units,
in their Units when not in actual use.
to be kept
Each Owner will comply
with all reasonable requests of the Board or its representative
that bicycles,
household
be
toys and like articles belonging to the Owner's
put
away
inside
such Owner's
Unit
when
not
in
actual use,' or stored in appropriate places as may be designated
by the Board from time to time.
68.
PARKING AREAS
(a)
Parking of Owners' vehicles shall be confined to the areas
set
out
in
Schedule
"A".
Each
Unit
shall
have
the
irrevocable right to the exclusive use and enjoyment of one
(1) parking stall which
is
set
out
in
Schedule
"A"
and
designated with the same number of that of the municipc
suite number for the Unit;
(b)
No Owner shall park his motor vehicle or automobile on any
part of the Common property unless the area is designated
or allotted by the Board for his exclusive use or as set
out in Schedule "A";
(c)
A visitor may only park his motor vehicle or automobile in
a stall designated by the Board for 6uch visitor parking.
(d)
The stalls marked "RN on Schedule "A" shall be dealt with
and used in the sole discretion of the Developer.
Without
restricting the generality of the foregoing, the Developer
may enter into lease agreements of the stalls.
The stalls
are subject or to be subject to a lease to the Developer.
(e)
If any parking plug-in facility is provided with or /"^
connection with
any parking stall,
any person
given the
-
46
-
right to exclusive use of such stall shall be responsible
for keeping such facility in good repaired condition at all
time during the period of such Owner's entitlement to
exclusive use; and in the event that the parking plug-in is
damaged, it shall be the responsibility of the Owner to
repair and if the Owner fails to repair, the Corporation
may repair and charge to the Owner the full costs of
repair, including if necessary, indemnification of the
Corporation's legal costs on a solicitor and his own client
indemnification basis.
Any repairs made by the Corporation
of an Owner's plug-in shall be a charge against the Owner's
Unit that necessitated the repairs. Further, the Owner of
the Unit shall be responsible for the electricity consumed
by the use of the parking plug-in and the Board, in its
sole discretion shall determine and set the rates for same;
(f)
No motor vehicle or automobile or any other obstacles may
be left on or parked in the emergency access routes by an
Owner or Occupier of a Unit.
There are no long term
parking facilities for recreational vehicles or motor homes
for either Owners or visitors on the parking stall.
69.
MOTOR VEHICLES
(a)
No motor vehicles other than a private passenger vehicle,
half-ton truck, pick-up truck or van, shall be parked in
tany parking space within the Common property without the
written consent of the Board, which consent the Board may
arbitrarily withhold and may, if given, withdraw at any
time on fifteen (15) days notice.
Notwithstanding the
generality of the foregoing, no motor vehicle over 3000 kg.
shall be brought on to any part of the Common property
without the written permission of the Board;
<0t*\
(b)
No
motor
vehicle
including
vehicles
used
for
furniture
moving, shall be driven on any part of the Common property
other than on a driveway, roadway, or parking space;
-
(c)
No
motor
trailer,
-
vehicle,
housetrailer,
tent
snowmobile,
mechanical
toboggan,
equipment of
Common
47
trailer,
boat,
machinery
or
any kind shall be parked on any part of the
property
other
than
as
provided
for
under
these
Bylaws or as approved by the Board in writing;
(d)
No repairs or adjustments to motor vehicles or automobiles
may be carried out on the Common property;
(e)
A motor vehicle or automobile which is not being used from
day to day or which is undergoing repairs of
any nature
shall not be parked or located upon the Parcel or any part
thereof except as permitted by the Board;
(f)
Parking of
motorcycles
requires
a base beneath
the kick
stand to prevent damage to the parking stall.
70.
USE AND ENJOYMENT
The Owner of each Unit shall have the right to the exclusive us*,
and enjoyment of such portions of the Common property as may be
designated by the Corporation.
Without limiting the generality
of the foregoing, the Corporation may grant to the Owner of each
Unit,
on such terms and conditions as the Board may determine,
the right and license to exclusive use of the Maintenance Area
immediately surrounding his Unit,
including any fence-enclosed
yardsy provided however, that the Corporation at its sole option
may at any time and from time to time withdraw and terminate
such right for any or all Units upon giving sixty (60) days
notice
to
terminated.
exclusive
all
Owners
of
Units
Each Owner shall,
and
irrevocable
for
which
such
subject to By-law 71,
right
to
the
exclusive
right
is
have the
use
and
possession of any balcony or balconies, patio or patios, yard or
yards, adjacent to his Unit, provided that the Owner shall
observe and perform all obligations relating to such exclusive
use areas.
)
-
71.
48
-
CARE AND MAINTENANCE OF MAINTENANCE AREAS
Each Owner shall (whether or not he is granted any exclusivc
right or license to use) keep and maintain all portions of all
lawns, shrubs, and other landscaping in or upon the Maintenance
Area immediately adjacent to his Unit in a neat, trim, clean and
well-groomed condition and in a generally well cared for state
consistent with good and proper lawn and landscaping care, and
shall keep all walkways, front and back steps, fence-enclosed
yards and sidewalks within or upon such Maintenance Area free
and clear of all obstruction, dirt, snow, ice and refuse of any
kind; provided however, that such obligations to provide care
and maintenance may be terminated or suspended by the
Corporation in its sole discretion for any Maintenance Area as
to which no right to exclusive use is enjoyed or held by any
Owner at or during the time or such termination of suspension.
Subject to Bylaw 70, (and the Plan) the area and location of the
Maintenance Area for each Unit shall be determined by the Board.
The
Corporation
and
its
servants
and
agents
shall,
notwithstanding the grant of any right, license or privilege ot
exclusive use of any Maintenance Area to any Owner,
have and
enjoy free and uninterrupted right at any and all times and from
time to time to enter upon, pass and repass over, and occupy any
and all parts of such Maintenance Area for the purpose of
carrying
out
of
any
of
the
duties
or
functions
of
the
Corporation.
72.
EXCLUSIVE USE
The
Owner of
a
Unit
has
no
right to use any portion of the
Common property designated by the Corporation for the exclusive
use of an Owner of any other Unit.
/S*N
-
73.
49
-
SIDEWALKS, WALKWAYS AND PARKING AREAS
— — — ^
The
'"*%.
sidewalks, walkways, passages,
shall
not
be
obstructed
by
roadways
any
Owner,
and
his
parking aret
family,
guests,
Tenants or visitors or used by them for any other purpose than
for entering and leaving their Unit; parking areas shall not be
used for any purpose other than the parking of motor vehicles
and no Owner shall trespass in any parking areas which the Owner
of another Unit is entitled to use and occupy.
74.
LANDSCAPING AND OTHER COMMON PROPERTY
Owners,
Tenants,
visitors
and servants shall not harm, mutilate, destroy, waste,
alter or
litter
their pets,
any
property
part
(real
their families,
or
parts
or
of
personal)
the
of
guests,
Common
the
property
or of the
Corporation,
including
without limitation any and all parts of the buildings and other
fixed
improvements
landscaping works
forming
part
of
the
(including trees,
Common
grass,
property,
shrubs,
any
hedge^
flowers, and flower beds) and any and all chattels owned or ke^by the Corporation.
75.
ANIMALS ON COMMON PROPERTY
No
animal,
livestock,
fowl,
reptile or
pet
in
excess
of 40
kilograms of any kind shall be kept on or allowed to run at
large over any part of the Common property.
76.
COMBUSTIBLE MATERIAL ON COMMON PROPERTY
No stores of gasoline or any other combustible or inflammable
goods
or materials,
and
no offensive
goods,
provisions
or
materials of any kind shall be kept on any part of the Common
property except as permitted, in writing, by the Board.
•*^\
-
77.
50
-
STRUCTURES ON COMMON PROPERTY
(a)
No
building,
structure
or
tent
shall
be
erected on
the
Common property except only by the Corporation;
(b)
No trailer either with or without living,
eating accommodation and no tent, shed,
building shall be placed,
located,
sleeping, or
or portable
kept or maintained on
the Common property except with the prior approval of the
Board.
If any such chattel or other item has been approved
by
Board,
the
the Board may subsequently withdraw
such
approval in which event the chattel or other item shall be
forthwith removed by the Owner;
(c)
No
part
of
erection,
the
Common
placing
incinerators,
or
garbage
property
shall
maintenance
containers,
be
of
used
for
clothes
recreation
or
the
lines,
athletic
equipment, fences or other barriers, hedges, trees, gardens
or
other
vegetation,
or
for
the
disposal
of
rubbish,
garbage or waste except only with the prior written
approval of the Board. If such approval has been given the
Board may subsequently withdraw such approval and in such
event
the
Owner
shall
comply with
the
direction of
the
Board to remove such item, or items, forthwith.
78.
SIGNS (COMMON PROPERTY)
Except
as
billboards
otherwise
or
other
permitted
advertising
by
the
matter
Bylaws,
of
any
no
kind
signs,
and
no
notices of any kind shall be placed on any part of the Common
property without the prior written consent of the Board.
79.
APPEARANCE
Nothing
OF UNIT
shall
be
hung
or
placed
on
any part
of
the
Common
property, or within a Unit that is, in the opinion of the Board,
aesthetically displeasing when viewed from the outside of the
Unit.
-
80.
51
-
PERSONAL PROPERTY AND INJURY
A
The Corporation or its Board Members, Officers, Agents or
employees will not be responsible to any Owner, Tenant or
occupier of a Unit, for any injury, death, damage or loss
whatsoever caused by or to the person or property of any Owner,
Tenant or occupier of a Unit including but not limited to:
(a)
the parking areas provided on the Common property;
(b)
any part
exclusive
of the Common property designated for the
use and enjoyment of any Owner, Tenant or
occupier;
(c)
any contents,
personal property, or improvements in or to
any Unit; or
(d)
any personal injury occurring on the Parcel.
Subject to the Act and the Bylaws, the insuring of any contents
or improvements within or to a Unit is the sole responsibility
of the Owner, Tenant or Occupier of the Unit, and an Owner,
Tenant or Occupier of a Unit shall not require the Corporation
or its Board Members, Officers, Agents or employees to repair
any damage to any contents, personal property, or. improvements
within or to the Unit however caused.
No Owner, Tenant or
Occupier of a Unit shall be entitled to claim or shall claim any
compensation from the Corporation for any loss or damage to the
property or person of the Owner, Tenant or Occupier of a Unit
arising from any defect or want of repair to any part of the
Parcel.
81.
SALES
No
auction
sale or other
sale shall be held
in or about the
Common Property without the consent in writing of the Board.
-
'f^
82.
52
-
FURNITURE MOVING
Furniture moving shall be limited to the times established by
the Board.
The Board in its sole discretion may establish a
schedule of permitted moving times so as to cause the least
disturbance to other Owners.
83.
RECREATION USE
No
portions
of
the
Common
Property
shall
be
used
for
recreational purposes by any Owner and no Owner shall permit any
other person to use such areas except as otherwise permitted in
the Board's absolute discretion and only then if the consent of
the Board is first obtained in writing.
84.
MAINTENANCE
(a)
Each Owner shall be responsible for ice and snow removal
from his Unit's front and back steps and from the exclusive
use sidewalks adjoining such Unit.
The Corporation shall
regularly maintain grass, trees, shrubs and all other walks
in or about the common areas on behalf of the Owners and
the Corporation shall maintain roadways, parking areas and
common
area
lighting;
provided/
however,
that
the
Corporation shall not be responsible for such care and
maintenance
of
any
Maintenance Areas which are
the
responsibility of individual Owners
pursuant to the
provisions of the Bylaws;
(b)
Each
Owner
shall
be
responsible
maintenance of his Unit.
for
the
repair
and
Should any Owner fail to maintain
and/or repair in a manner satisfactory to the Board or its
representative
those
items
for
which
he
is
responsible
after ten (10) days' written notice to do so given by the
Board
or
its
representative,
then
the
Board
or
its
representative, may do or cause to be done the maintenance
and/or repair and the Owner affected is obliged to and
shall reimburse the Corporation for all monies expended for
53
labor,
materials,
normal overhead and all costs,
includin
indemnification of the Corporation's solicitor and his own
client
costs,
incurred
in
respect
of
such
maintenance
and/or repairs and the Board or its representative may use
all or any of the remedies open to it or as hereinafter set
out, to recover such monies
for the Corporation and such
monies shall be a charge upon his Unit;
(c)
Notwithstanding anything to the contrary herein expressed
or implied each Owner shall be responsible for damage
caused to any of the Common property [and including all
items set out in Bylaw 8(j)], by any willful or negligent
acts of himself, his pets, members of his family, Tenants,
invitees,
contractors or licensees and should any Owner
fail to repair in a manner satisfactory to the Board or its
representative, then the Board, or its representative, may
do or cause to be done such repair and the Owner affected
agrees
to
and
shall
reimburse
the
monies
expended for labor, materials,
Corporation
for
al^*s
normal overhead ana
all costs, including indemnification of the Corporation's
solicitor and his own client costs, incurred in collection
in respect of
the doing of such repairs and the Board or
its representative may use all or any of the remedies open
to
it as
hereinafter set out,
to recover such monies for
the Corporation and such monies shall be a charge upon his
Unit
to
the
same
extent
as they would be
if they were
unpaid Common expense charges assessed upon his Unit.
85.
COMMON EXPENSES
The Common expenses (also described as Condominium Fees) of the
Corporation
shall,
without
limiting
the
generality
of
the
definition thereof, include the following:
-/*^\
-
(a)
54
-
All levies or charges on account of electricity,
garbage removal,
water,
gas and utility services supplied to the
Corporation;
(b)
The cost of and charges for all management fees;
(c)
All
costs and
charges
on
account
of
landscaping,
maintenance and snow removal from Common property;
(d)
All
reserves
for
repairs
and
replacements
of
Common
property and portions of Units or buildings, the repair or
replacement
of
which
is
the
responsibility
of
the
Corporation;
(e)
All
costs
of
and charges
for
maintenance and repair of
those portions of each Unit for which the Corporation is
responsible;
J0&S
(f)
All costs of and charges for maintenance and repair of the
Common property for which the Corporation is responsible;
(g)
All costs of and charges for all manner of
professional
Corporation
the
and
servicing
including without
foregoing
all
auditing,
assistance
consultation,
required
limiting the
accounting,
by
the
generality of
engineering
and
Legal fees and disbursements;
(h)
The amount of all costs and expenses whatsoever, including
(without
limitation)
all
maintenance
and
repair
costs,
financing charges, Common expenses, municipal taxes, Unit
charges,
and all utilities charges,
for or in respect of
any Unit owned by the Corporation itself;
^
(i)
Reserves
for
future maintenance
Capital Replacement Reserve Fund;
and
expenses
and the
-
(j)
All
fees
and
Corporation
is
55
-
charges
for
responsible
insurance
and
that
for
of
which
the
the,
Insurance
Trustee;
(k)
All obligations of the Corporation or the Board created by
the Act or these Bylaws;
(1)
All
newsletter,
memberships,
subscriptions,
office
equipment, supplies, printing and postage costs; and
(m)
The cost of borrowing money for the purpose of carrying out
the objects and duties of the Corporation.
86.
ASSESSMENT FOR COMMON EXPENSES
(a)
At least thirty (30) days prior to the beginning of each
fiscal year,
the Board or, at its request,
the Manager,
shall estimate the amount of the Common expenses that will
be incurred or required in such fiscal year
(including
reasonable
replacements
allowance
for
contingencies
and
plus any deficiencies from the previous year and less any
expected income and any surplus from the fund collected in
the previous year) which estimate, of Common expenses, is
herein
called
"Common
expenses".
Each
year's
Common
expenses shall be apportioned, levied and assessed to and
upon the Owners in proportion to the Unit factors as shown
on the Condominium plan.
The Corporation shall be liable
for the amount of any assessment against Units owned by the
Corporation.
In addition thereto, the Board may levy and
assess the Owners in like proportion for costs and charges
for Common expenses, estimated or incurred. If at any time
it appears that the estimated assessment or contribution
towards the Common expenses will be insufficient
the needs
of
the
collect a special
Corporation,
to meet
the Board may assess and
contribution or contributions
against
each Unit in an amount sufficient to cover the additions
anticipated
Common
expenses,
the
amount
or
amounts
so
-
v
56
-
assessed to and upon the Owners in proportion to the Unit
factors as shown on the Condominium plan. The Board shall
give notice of such further assessment to all Owners which
shall include a written statement setting out the reasons
for the assessment and each assessment shall be due and
payable by each Owner in the manner and on the date or
dates specified in the notice.
If the special assessment
is not paid in accordance with the notice, then it shall
bear interest at the rate of Twelve (12%) percent per
annum,
compounded annually,
until paid.
calculated from the date due
A special assessment can be levied for any
reason including the non-payment of an Owner's assessment.
(b)
Each
Owner
shall
be
obligated
to
pay
any
and
all
assessments made pursuant to this provision to the Board or
the Manager to the account of the Corporation, as directed
bY notice, in equal monthly instalments on or before the
jps
first day of each month during the fiscal year for which
such assessment
is made or in such other manner as the
Board or the Manager with the consent of the Board (as the
case may be) shall designate, and further pay interest on
all
assessments or payments in arrears
Twelve
(12%)
calculated
Percent
from
the
per
date
annum,
due
of
at the
compounded
the
rate of
annually,
same,
and
the
Corporation shall be entitled to enforce its lien, charge
.<and security and pursue such remedies as may be available
to it at law or in equity, from time to time, and any legal
costs incurred by the Corporation shall be payable on a
solicitor and his client basis.
Nothing herein shall
restrict or abrogate any rights or remedies given to the
Corporation by or under the Act.
(c)
\
The omission by the Board before the expiration of any
year, to fix the assessments hereunder for that year or for
the next year, shall not be deemed a waiver or modification
in any
respect
of the provisions
of these
Bylaws,
or
-
release of
57
-
the Owner or Owners from their obligations to
pay the assessments, or any instalments thereof for that or
any subsequent year, but the monthly instalments for the
preceding fiscal year shall continue until new instalments
are fixed.
No Owner can exempt himself from liability for
his contributions toward the Common expenses by waiver of
use or
enjoyment of any of the Common property
or by
vacating or abandoning his Unit;
(d)
The treasurer of the
detailed
accurate
Board or the Manager
records
in
chronological
shall keep
order
of
the
receipts and expenditures affecting the Common property,
specifying and itemizing the maintenance incurred. Records
and vouchers
available
authorizing the
for
examination
payments
by
an
involved
Owner
at
shall be
convenient
business hours on week days.
87.
DEFAULT IN PAYMENT OF ASSESSMENTS AND LIEN FOR UNPAID
ASSESSMENT,
(a)
INSTALMENTS AND PAYMENTS
The Corporation shall and does have a lien and charge upon
and against the estate or interest of the Owner for any
unpaid common assessment (Condominium Fee), instalment or
payment (including interest on arrears) due to the
Corporation in respect of his Unit, which lien shall be a
first, paramount lien against such estate or interest
subject only to the rights and priorities of the Mortgagee
under any mortgage registered against such Unit prior to
the date that the assessment, instalment or payment fell
due and the rights of any Municipal or local authority in
respect of unpaid realty taxes, assessments or levies of
any kind against the Unit title or interest of such Owner
but subject also to the provisions of the Act, and the Land
Titles
Act of Alberta.
The
Corporation shall have the
right to file a caveat against the Unit title or interet
of such Owner in respect of the lien or charge for the
}
-
f^
58
-
amount of such unpaid assessment, instalment or payment,
provided that each such caveat shall not be registered
until after the expiration of thirty (30) days following
the due date for the first payment in arrears.
The
Corporation shall be entitled to be paid by the defaulting
Owner on an
indemnification basis,
the Corporation's
solicitor and his own client costs incurred in preparing
and registering the caveat and in discharging the caveat
and shall not be obligated to discharge any caveat until
all arrears of the Owner, including interest and all such
legal costs are fully paid.
As further and better
security, each Owner responsible for any such unpaid
assessment, instalment or payment which is in arrears for
more than thirty (30) days shall, upon demand of and at the
sole option of the Corporation, give to the Corporation a
mortgage
or
encumbrance
for
the
full
amount
thereof
providing for their payment on demand with interest thereon
v
at the rate of Twelve (12%) Percent per annum, compounded
annually, or such other rate of interest as may be approved
by Special resolution, calculated from the due date of the
same, and the Corporation shall be entitled to enforce its
lien, charge and security and pursue such remedies as may
be available to it at law or in equity, from time to time,
and any legal costs incurred by the Corporation shall be
payable on a solicitor and his own client indemnification
basis.
Nothing herein shall restrict or abrogate any
rights or remedies given to the Corporation by or under the
Act;
(b) Any other Owner or person, firm or company whatsoever may
pay any unpaid assessment, instalment or payment after the
expiration of thirty (30) days following the due date for
payment by the Owner in default, with respect to a Unit,
^
and upon such payment be^ng made, such person, firm or
company shall have a first, paramount lien, subject to the
estates or interests hereinbefore mentioned, and shall be
-
59
-
entitled to file a caveat in respect of the amount so paid
on behalf of the Owner in default, and shall be entitled tc
enforce his lien, thereby created, in accordance with the
other terms and conditions of this provision;
(c)
Notwithstanding any other term,
herein
contained
or
implied,
condition
each
or provision
unpaid
assessment,
instalment or payment shall be a separate, distinct and
personal debt and obligation of the Owner against whom the
same is assessed and collectible as such.
Any action, suit
or proceeding to recover such debt or to realize on any
judgment therefor shall be maintainable as a separate
action, suit, or proceeding without foreclosing, or waiving
the lien,
charge or security securing the same,
and the
Corporation shall be entitled to recover its legal costs on
a solicitor and his own client indemnity basis;
(d)
The Board may, by resolution, accelerate all payments in
the balance of the budgetary year from any Owner i.
arrears, and all such payments shall become due and payable
forthwith and may be collected in the manner as set out in
these Bylaws, including all legal costs of the Corporation
on a solicitor and his own client indemnity basis.
88.
COLLECTION OF CONTRIBUTIONS
The Board,
on behalf
contribution
administration
of
of the Corporation,
Owners
expense
(condominium
for
the
fees)
Common
may
on
property
collect the
account
and
of
other
obligations of the Corporation by monthly instalments and in
that regard, may require post-dated cheques.
The monthly
instalments may be accelerated as provided for in the Bylaws.
60
89.
-
CONDOMINIUM FEE PRIORITY
Should the Condominium Corporation file a Caveat for unpaid
condominium fees, it shall be entitled to maintain and shall
maintain a priority over all other claims and the Caveat may be
enforced as contemplated under Section 31 of the Act (or any
Section passed in substitution thereto).
90.
VIOLATION OF BYLAWS
Any infraction, violation or default of these Bylaws or any
rules and regulations established pursuant to these Bylaws on
the part of an Owner, his servants, agents, licensees, invitees
or Tenants may be corrected, remedied or cured by the
Corporation (including without restriction actions, damages, or
injunctive relief) and any fines, costs or expenses expended or
incurred by the Corporation in correcting, remedying or curing
such infraction, violation or default shall be charged to such
Owner and shall be added to and become part of that Owner's
assessment and shall bear interest at the rate of Twelve (12%)
Percent per annum, compounded annually, until paid.
91.
RECOVERY OF COSTS
The Corporation may recover from an Owner by an action for debt
in any Court of competent jurisdiction any sum of money,
including its costs on a solicitor and his own client indemnity
basis, which the Corporation is required to expend as a result
of any act or omission by an Owner, his servants, agents,
licensees, invitees or Tenants which violates these Bylaws or
any resolutions established pursuant to these Bylaws and there
shall
be
added to
any
judgment
all costs
of
such action
including indemnification of the Corporation's legal costs as
between solicitor and his own client. Nothing herein shall be
f^
deemed to limit any right of any Owner to bring an action or
proceeding for the enforcement and protection of his rights and
the exercise of his remedies.
-
92.
61
TRAFFIC SPEED AND DIRECTIONAL CONTROL
All Owners shall observe and abide by all rules and regulations
established from time to time by the Board for the safe and
orderly flow of traffic in or on the Parcel including (without
limiting the generality of the foregoing) speed limits,
restricted parking,
emergency access routes,
and directional
controls.
93.
CHANGE OF LEGISLATION
Should the Act in future change, then these Bylaws shall, in the
future, adopt any and all changes to the Act and specifically
adopt those changes to the Act which are required to be adopted
to enable the Corporation to operate, at all times, within the
full power of the Act and to use all remedies available to it
pursuant to the Act.
94.
PURPOSE OF RESTRICTING USE OF UNITS
The restrictions in use have the following purposes:
(a)
To provide
for the health and safety of
condominium
occupants;
(b)
To maintain the Common property and Units in such a manner
as to preserve property values;
(c)
To provide for the peace, comfort and convenience of the
Owners and occupants;
(d)
95.
To develop a sense of community.
REALTY TAXES
The realty taxes and other municipal and governmental levies or
assessments against the land, including improvements, comprising
all or any part of the Units and the Common Property comprising
-
62
-
.^stev
the Parcel shall be assessed and imposed in accordance with the
provisions of the Act.
Until such a time as the assessing
authority assesses each Unit and the share in the Common
Property appurtenant thereto pursuant to the Act, such realty
taxes and other municipal and governmental levies or assessments
shall be apportioned and adjusted amongst all the owners
according to their respective Unit factors.
96.
NON-PROFIT CORPORATION
The Corporation is not organized for profit.
97 • COMPANY WHICH IS A MEMBER OF THE BOARD
A Company which is a Member of the Board may, by proxy, Power of
Attorney, or Resolution of its Directors, appoint such person
as it thinks fit to act as its representative on the Board and
to attend meetings thereof and vote at such meetings on behalf
of the Company and such representative shall be entitled to so
C
act provided notice in writing thereof shall have been given to
the Board. where a Company is the only Member of the Board, a
Minute or Resolution signed by its representative or by the
alternate of its representative duly appointed pursuant to the
paragraph following shall be deemed to be a Resolution of the
Board.
A representative of the Company on the Board may appoint any
person, whether another Owner or not, and whether a Member of
the Board or not, to serve as his alternate representative on
the Board and as such to attend and vote in his stead at
meetings of the Board and to do anything specifically provided
for in these Bylaws.
Such alternate shall, if present, be
included in the count for quorum and if he be a Member of the
Board, he shall be entitled to two votes, one as a Member of the
Board and the other as an alternate representative of a Member
f*
of the Board.
If the representative so directs, notice of
meetings of the
representative of
Board shall
a Member of
be sent to the alternate
the Board if and when the
-
appointing
6 3
representative
-
vacates
the
offices
of
a
representative of a Member of the Board or removes the alternate
representative from office as alternate representative, and any
appointment or removal under this Bylaw shall be made in writing
under the hand of the representative making the same.
98.
MORTGAGEE
PROTECTION
Notwithstanding all other provisions hereof, the Corporation's
lien, charge or security provided for in these Bylaws shall be
subject
always
and
subordinate
to,'
and
shall
not
affect
the
rights of the holder of any mortgage registered against a Unit
prior to the recording of the Corporation's lien or charge upon
the Unit title, and the Corporation or the Board shall, upon the
request of such registered Mortgagee, at the expense of the
Corporation, execute and deliver such postponements, agreements
or instruments of subordination as the Mortgagee shall
reasonably require to fully and effectively establish or
maintain
its
priority
over
the
assessments,
instalments
o
payment due to the Corporation, unless otherwise stipulated by
statute or law.
99.
DEVELOPER USE OF UNITS/COMMON PROPERTY
During such time as the Developer is the Owner of one or more
Units, it shall have:
a)
the right to maintain a reasonable number of Units, whether
owned or leased and to carry on all sale functions it
considers necessary from such Units.
have
the
unfettered
right
to
the
The Developer shall
exclusive
use
of
the
Common Property for so long as the Developer owns a Unit in
the Parcel;
b)
place signs about the Parcel relating to the sales of Units
within the Parcel;
/^S\
-
64
-
free and unhampered right to use all parts of i-h. ^
Property and those Units for which it oL
^^
The rights of the Developer in this Bylaw may not be altered in
any way without the written consent of the Developer.
100. DEVELOPER CONDOMINIUM FEES
While the Developer is an Owner of any Unit in the Project the
Developer will not have to pay condemn fees for any u„l'ts it
owns untxl the first of the .onth following the convening of tne
second „,eetlng of the Corporation in accordance with SeLon 24
101- DEVELOPER EXEMPTION FROM BYLAWS
r^etpe'r.45'46-52-s9-M-"- 7s — - «.*.
FORM
3
/^$&\
NOTICE OF CHANGE OF BYLAWS
(The Condominium Property Act, S. 26)
DICKENSFIELD COURT CONDOMINIUM CORPORATION
The
Owners:
Condominium
Plan
No.
8522451
(the
Corporation hereby certifies that by a special resolution passed
on the
/</-
day of
fat>^*-^ .
, A.DW!l#3t the Bylaws of the
Corporation were added to, amended or repealed as follows:
"Be it resolved as a special resolution of
The Owners:
Condominium Plan No. 8522451
(the Corporation) that the Bylaws of the
Corporation as previously registered either
Statutory or otherwise, be and they are
hereby repealed and the Bylaws hereto
annexed are hereby adopted as and made the
Bylaws of and applicable to the Corporation
and the parcel referred to in Condominium
Plan No. 8522451 from and after the date of
this resolution."
IN WITNESS WHEREOF the seal of The Owners:
Condominium
•Plan No. 8522451 was affixed on the fa day of A-4~~^.
1994, in the presence of:
/ A.D.
•"^SfBs.
THE OWNERS:
PLAN NO.
CONDOM
8522451 jS
Per:
^^vtYvyr*^
/"^^\
0>\
\
To Whom It May Concern:
We hereby authorize HOWARD STEINBERG to act as our representative
with
respect to the management of DICKENSFIELD COURT-CONDOMINIUM
CORPORATION.
wnuumaiun