These are the reproduced Bylaws of the English Oaks condominium corporation (See Disclaimer).
1. An owner and an occupant shall permit the corporation and its agents, at all reasonable times on notice, except in case of emergency, to enter in or on the owner’s unit for the purpose of (a) inspecting the unit, (b) maintaining, repairing or replacing pipes, wires, cables and ducts existing in or on the unit and used or capable of being used in connection with the enjoyment of any other unit or common property or real property of the corporation, (c} maintaining, repairing or replacing common property or real property of the corporation or maintaining, repairing or replacing other property in accordance with section 62.3 of the Regulation, or (d) ensuring compliance with the bylaws.
2. (a) shall forthwith pay all contributions, levies, rates, taxes, charges and assessments that may be payable in respect of the Owner’s Unit; (b) shall forthwith carry out all work that may be required pursuant to these Bylaws, rules or as required by a municipal authority or other public authority in respect of the Owner’s Unit, other than any work for the benefit of the building or parcel generally; (c) shall maintain the Owner’s Unit and exclusive possession areas in a state of good repair; (d) shall notify the Corporation forthwith of: (i) any change in the ownership of the Unit; (ii) any mortgage registered against the Unit; and (iii) any proposed rent, lease or licence of occupation arrangement; (e) shall not make structural, mechanical or electrical alterations to the Owner’s Unit or to the Common Property unless the Owner: (i) has obtained the prior written consent of the Board, which must not be unreasonably withheld; and (ii) has ensured that all permits required under law have been obtained; (f) as a prerequisite to the Board authorizing a lease, rental, tenancy or licence to occupy herein, the Owner shall notify the proposed lessee, renter, tenant or licensee that it is bound to comply with these Bylaws, including the Restrictions in Use set forth in Section 34, and the Owner shall assume full responsibility and liability for ensuring that the lessee, renter, tenant or licensee complies with such Bylaws and restrictions; (g) shall duly and properly maintain and repair: (i) all windows, including all glass, sashes, sliding glass doors and skylights, but excluding structural frames; (ii) all doorbell buttons; (iii) all outside access doors, including garage doors and openers, structural components and hardware, except for the painting, maintenance and repair of the outside surface of these doors; (iv) all screen doors; (v) both the downstairs patios and upstairs balcony decks, including all glass and railings; (vi) all walls, including shared walls, ceilings, floors and doors within a building; (vii) all pipes, wires, cables, ducts, plumbing and sewer lines within a building; and (viii) wood-burning chimneys on a regular basis; (ix) the interior of the building and all improvements and additions thereto. (h) shall ensure that the fire extinguisher provided by the Condo Association is annually charged as is required by its insurance policy and that fire-certified ashtrays are provided on both the balcony and patio, if there are smokers in the building or regularly at the building; (i) shall not leave garbage bins on the parking pad but rather store them in the garage or in the least visible location; (j) shall not park or permit to be parked more than two vehicles, limited to passenger vehicles and pick-up type trucks, on a parking pad. Visitors should park in the designated Visitor parking area. At no time shall cars park in such a manner as to prevent emergency vehicles from accessing any building; (k) shall not undertake maintenance work nor permit such work to be done between 6:00 PM and 8:30 AM, nor on Saturday, Sunday or holidays, without prior written consent of the Board. (3) Except in case of emergency, the Corporation shall give an Owner or Occupant at least 24 hours’ written notice before seeking entry to the Unit for the purposes set out in subsection
3. A Corporation may impose a monetary sanction on an Owner or Occupant who contravenes Section 2(1) or (2)(b) up to a maximum sanction of: (a) $500 for the first contravention; (b) $1,000 for the second and subsequent contraventions; and (c) in the case of a continuing contravention, a further sanction of $250 for each week during which the contravention continues after the first week.
4. The Corporation may: (a) acquire property or equipment to be used: (i) for the maintenance, repair or replacement of the real or personal property of the Corporation or the Common Property; or (ii) by Owners in connection with their enjoyment of the real or personal property of the Corporation or the Common Property; (b) subject to Section 31.7 of the Regulation, borrow money required by the Corporation in the performance of its duties or the exercise of its powers: (i) the proposed amount of money to be borrowed shall be approved by Ordinary Resolution at a general or annual general meeting if the proposed amount is 15% or less of the Corporation’s annual revenue as stated on the previous year’s audited financial statement; or (ii) by Special Resolution if the proposed amount is greater than 15%; (c) secure the repayment of money borrowed by the Corporation and interest on that money by negotiable instrument, a mortgage of unpaid contributions, whether levied or not, or a mortgage of any property owned by it, or by any combination of those means; (d) grant a right of exclusive possession to an Owner under Section 50 of the Act; (e) charge interest under Section 40 of the Act on any contribution owing to the Corporation by an Owner; (f) make an agreement with an Owner or tenant of a Unit for the provision of amenities or services by the Corporation to the Unit or to the Owner or tenant of the Unit; and (g) make rules and regulations as it may deem necessary regarding the use, enjoyment and safety of the Managed and Common Property and invoke sanctions on Owners who disregard them.
5. The Board shall consist of not fewer than 3 and not more than 7 individuals. (2) Notwithstanding subsection (1), if there are not more than 2 Owners, the Board may consist of at least 1 and not more than 7 individuals.
6. An individual does not need to be an Owner in order to be elected to the Board. (2) Notwithstanding subsection (1): (a) if a Unit has more than one Owner, only one Owner in respect of that Unit may sit on the Board at one time; and (b) an Owner who has not paid to the Corporation the contributions or levies due and owing in respect of the Owner’s Unit is not eligible for election to the Board. (3) An individual is not eligible to be a member of the Board if the individual: (a) is under 18 years of age; (b) is a represented adult as defined in the Adult Guardianship and Trusteeship Act; (c) is the subject of a certificate of incapacity that is in effect under the Public Trustee Act; (d) is a formal patient as defined in the Mental Health Act; (e) has been found, in Alberta or another province, to be of a mental state that is the equivalent of a state described in clauses (b) to (d) and that finding has not expired or been overturned or vacated by a court in Canada; (f) is an undischarged bankrupt; (g) is incarcerated. An individual is not eligible to be a member of the Board if the individual: (a) is on probation; (b) has been convicted of an offence involving fraud, deceit or breach of trust, or an offence under the Act in the past 10 years; (c) has judgments against the individual under the Act, or has or potentially has a private interest in an agreement, arrangement or transaction involving the Corporation that could occur during the individual’s term on the Board; (d) has or potentially has a private interest in an agreement, arrangement or transaction involving the Corporation that could occur during the individual’s term on the Board, and does not disclose that information at a general meeting before a vote to elect members of the Board is called where that individual is standing for election to the Board.
7. At an election of members of the Board, each person who has a right to vote may vote for the same number of nominees as there are vacancies to be filled on the Board. (2) A person who owns 2 or more Units may vote in respect of each Unit in an election.
8. A member of the Board is to be elected at an annual general meeting for a term expiring at the conclusion of the annual general meeting following the year in which the member was elected to the Board. (2) Each member of the Board shall remain in office until: (a) the office becomes vacant under Section 28.1(1) of the Act or Section 9; (b) the member resigns by notice in writing; (c) the member ceases to be a member of the Board under Section 28.1 of the Act; or (d) the member’s term of office expires, whichever comes first.
9. In addition to the grounds set out in Section 28.1 of the Act under which an individual ceases to be a member of the Board, the office of a member of the Board is vacated if the member: (a) is absent from 3 consecutive meetings of the Board without permission of the Board and it is resolved at a subsequent meeting of the Board that the member’s office be vacated; (b) is found guilty of an offence involving fraud, deceit or breach of trust under any enactment of Alberta, another province, Canada or another country; (c) fails to make a disclosure as required under Section 6(4); (d) is incarcerated while on probation; or (e) commits an offence under the Act.
10. Unless a special general meeting is called to re-elect a Board, when a vacancy occurs on the Board other than under Section 28.1(1) of the Act, or when a member of the Board becomes deceased, the Board may appoint an individual to fill that office for the remainder of the former member’s term. (2) Subject to subsection (3), if all offices on a Board become vacant, the individual whose office was the last to become vacant shall immediately call a general meeting to be held within 14 days to elect a new Board, unless that individual is deceased or otherwise unable to convene a general meeting. (3) If the individual whose office was the last to become vacant is unable to call a general meeting or does not do so under subsection (2), the condominium manager, or if there is no condominium manager, the solicitor for the Corporation, shall call a general meeting to be held as soon as reasonably possible to elect a new Board. (4) If subsection (2) is not complied with, and there is no condominium manager or solicitor for the Corporation, an Owner may call a general meeting to be held as soon as reasonably possible to elect a new Board.
11. At the first meeting of the members of the Board held after the general meeting of the Corporation at which they were elected, the Board shall designate from its members a President, Vice-President, Secretary and Treasurer of the Corporation. (2) Notwithstanding subsection (1), the Board may designate one individual to fill the offices of Secretary and Treasurer. (3) In addition to those duties assigned to the officers by the Board: (a) the President or, in the event of the President’s absence or disability, the Vice-President: (i) is responsible for the daily execution of the business of the Corporation; and (ii) shall act as Chair of the meetings of the Board; (b) the Secretary or, in the event of the Secretary’s absence or disability, another member of the Board designated by the Board: (i) shall record and maintain all the minutes of the Board; (ii) is responsible for all the correspondence of the Corporation; (iii) is responsible for retaining and managing Corporation documents in accordance with the Regulation, the Act and these Bylaws; (iv) is responsible for preparing and providing Corporation documents on request and in accordance with the Regulation, the Act and these Bylaws; and (v) shall carry out the Secretary’s duties under the direction of the President and the Board; and (c) the Treasurer or, in the event of the Treasurer’s absence or disability, another member of the Board designated by the Board shall: (i) receive all money paid to the Corporation and deposit it as the Board may direct; (ii) properly account for the funds of the Corporation and keep those books as the Board directs; (iii) present to the Board, when directed to do so by the Board, a full, detailed account of receipts and disbursements of the Corporation; and (iv) prepare or arrange for the preparation of audited statements and any budgets required under the Regulation, the Act and these Bylaws. (4) The Corporation may delegate any duty or function conferred or imposed by subsection (3), other than subsection (3)(a)(ii), to any person designated by the Corporation, on any terms and conditions determined by the Corporation. (5) An individual ceases to be an officer of the Corporation if the individual ceases to be a member of the Board. (6) If an individual ceases to be an officer of the Corporation, the Board shall designate from its members an individual to fill that office for the remainder of the term. (7) An individual who ceases to be a member of the Board or an officer of the Corporation shall return all Corporation property and documents to the Corporation within 14 days after ceasing to be a Board member or officer. (8) If a Board consists of not more than 3 individuals, those individuals may perform the duties of the officers of the Corporation in any manner that the Board may direct.
12. At meetings of the Board, all matters are to be determined by majority vote and, in the event of a tie vote, the Chair is entitled to a casting vote in addition to the Chair’s original vote. (2) A quorum for a meeting of the Board is a majority of the members of the Board.
13. A written resolution adopted by the Board and signed by all of the members of the Board has the same effect as a resolution passed at a meeting of the Board duly convened and held. Electronic documents and signatures shall be considered valid when properly executed. (2) A resolution for which notification has been suitably given to each Unit Holder and is signed by a simple majority of Owners representing over 50% of the total Unit Factors has the same effect as an Ordinary Resolution passed at a general meeting duly convened and held. Electronic documents and signatures shall be considered valid when purporting to be signed by an Owner. (3) A resolution for which notification has been given to each Unit Holder and is signed by Owners representing not less than 75% of the total Unit Factors has the same effect as a Special Resolution passed at a meeting duly convened and held. Electronic documents and signatures shall be considered valid when purporting to be signed by an Owner.
14. The Corporation shall have a corporate seal that must not be used except: (a) under the authority of a resolution of the Board given prior to its use; and (b) in the presence of not fewer than 2 members of the Board who shall sign the instrument to which the seal is affixed. (2) Notwithstanding subsection (1), if there are not more than 3 members of the Board, one member may be authorized by the Board to use the corporate seal and sign the instrument to which the seal is affixed.
15. The Board shall prescribe, by resolution: (a) those officers or other individuals who are authorized to sign cheques, drafts, instruments and other documents not required to be signed under the corporate seal; and (b) the manner, if any, in which those cheques, drafts, instruments or other documents are to be signed.
16. he Board shall:
(a) meet at the call of the President to conduct its business and adjourn and otherwise regulate its meetings as it thinks fit; and
(b) meet when a member of the Board gives to the other members not less than 7 days’ notice of a meeting proposed by the member, specifying the reason for calling the meeting.
(2) The Board may employ on behalf of the Corporation any agents and employees it thinks necessary to control, manage and administer the real and personal property of the Corporation and the common property and, in that respect, may authorize those persons to exercise the powers of and carry out the duties of the Corporation.
(3) The Board may, subject to any restriction imposed on it or direction given to it at a general meeting of the Corporation, delegate to any of its members or to other persons any or all of its powers and duties as it thinks fit, and may at any time revoke that delegation.
(4) The Board, acting on behalf of the Corporation, may pay an insurance deductible in an insurance claim and recover the amount of the deductible from an owner in accordance with the limitations set forth in the Act and Regulations, to a maximum of $50,000. Owners may be called upon to provide proof that their insurance meets the requirement.
(5) The Board may assess and collect a special assessment as per the Act if, at any time, it appears that the annual contribution will be insufficient to meet expenses. Notice shall be given and include an explanation as to why the assessment is necessary. Such assessments are payable within 10 days of the due date provided in the notice.
(6) The Board may pay an annual honorarium, stipend, or salary to members of the Board in the manner and in the amounts as may be from time to time determined by ordinary resolution at a general meeting.
(7) The Board may rescind any written approval as contemplated in section 34 in the event of a breach of these By-laws by the occupant of a unit, upon 24 hours’ notice to the owner, and the owner shall take all steps available to it under law to remove an offending occupant.
17. The Board shall: (a) cause proper books of account to be kept in respect of all money received and expended by it and the matters in respect of which the receipt and expenditure take place; (b) prepare financial statements relating to all money of the Corporation, and the income and expenditures of the Corporation, for each fiscal year; (c) maintain financial records of all the assets, liabilities and equity of the Corporation; (d) submit to the annual general meeting an annual report consisting of the financial statements and other information as the Board may determine or as may be directed by a resolution passed at a general meeting; and (e) place and maintain all required insurance in accordance with the Act and Regulations and such other insurance and coverage for such other risks and causes as the Board may determine or as may be determined by resolution.
18. All meetings of the board and general meetings are to be conducted according to the latest edition of Robert's Rules of Order Newly Revised, to the extent that it is consistent with these bylaws, unless alternate rules of procedure are adopted by the board.
19. The Board shall provide each owner with a preliminary notice of each annual general meeting at least 60 days before the scheduled annual general meeting. (2) A preliminary notice of an annual general meeting must contain the following information: (a) the date and location of the annual general meeting; (b) a call for proposed agenda items; (c) a deadline for submission of proposed agenda items, which must be no more than 30 days before the annual general meeting; (d) a statement that a proposed agenda item submission must include: (i) a description of the proposed agenda item that provides sufficient detail and clarity for the purposes of a vote by owners on the contents of the meeting agenda; and (ii) any other information necessary to effectively consider the proposed agenda item; (e) a statement that the owners present at the annual general meeting will decide the contents of the agenda by a majority vote at the beginning of the annual general meeting; (f) if the Corporation accepts electronic submission of proposed agenda items, the specific electronic address to which proposed agenda items must be submitted. (3) An owner may submit a proposed agenda item by sending the description of the item: (a) to the Corporation’s address for service; or (b) to the Corporation’s electronic address.
20. (1) Except as otherwise provided by these By-laws, no business shall be transacted at an annual general meeting or a general meeting unless a quorum of persons with a right to vote is present or represented by proxy at the time when the meeting commences.
(2) A quorum for an annual general meeting or a general meeting consists of not less than 40% of all the persons with a right to receive notice under section 30(3) or 30.1(1) of the Act being present in person or represented by proxy at that meeting.
(3) If, within 30 minutes from the time appointed for the commencement of an annual general meeting or a general meeting, a quorum is not present, the meeting shall stand adjourned to the corresponding day in the next week at the same place and time. If, at the adjourned meeting, a quorum is not present within 30 minutes from the time appointed for the commencement of the meeting, the persons with a right to vote who are present or represented by proxy constitute a quorum for the purpose of that meeting.
21. (1) The President or, in the event of the President’s absence or disability, the Vice-President or other individual designated by the President or Vice-President, shall act as chair of an annual general meeting or a general meeting. (2) The order of business at an annual general meeting and, as far as practicable, at any other general meeting, is to be as follows: (a) call to order by the Chair; (b) calling of the roll and certifying of proxies; (c) proof of notice of meeting, waiver or proxies, as the case may be; (d) reading and disposal of any unapproved minutes; (e) vote on agenda items; (f) reports of officers, if any; (g) reports of committees, if any; (h) election of members of the Board; (i) agenda items of unfinished business; (j) agenda items of new business; (k) adjournment. (3) In the event that there are no members on the Board and a general meeting is called, the order of business at the meeting is to be as follows: (a) call to order by the individual who called the meeting; (b) calling of the roll and certifying of proxies by the individual who called the meeting; (c) proof of notice of meeting, waiver or proxies, as the case may be, by the individual who called the meeting; (d) election of a meeting Chair; (e) other business as may be applicable under subsection (2)(e) to (k).
22. (1) At a general meeting, an ordinary resolution shall be voted on by a show of hands unless a poll vote is demanded by a person with a right to vote and present in person or by proxy. Unless a poll vote is so demanded, a declaration by the Chair 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 favour of or against the resolution. (2) If an owner owns more than one unit, the owner’s show of hands signifies the vote in respect of all units owned by that owner. (3) If a proxy holder holds more than one proxy, the proxy holder’s show of hands signifies the vote in respect of all units owned and all proxies held by that individual. (4) If an individual demands a poll vote, that individual may withdraw that demand, and on the demand being withdrawn, the vote shall be taken by a show of hands.
23. (1) A poll vote, if demanded, shall be conducted in a manner as directed by the Chair, and the result of the poll vote shall be deemed to be the resolution of the meeting at which the poll vote was demanded. (2) Where a poll vote is conducted, the votes must be counted by at least 2 individuals. (3) Where possible, the 2 individuals who count the votes of a poll vote shall consist of a member of the Board and an owner who is not a member of the Board.
24. (1) If a unit is owned by more than one person, those co-owners may vote personally or by proxy and: (a) in the case of a vote taken by a show of hands, those co-owners are entitled to one vote between them; and (b) in the case of a vote taken by a poll, a co-owner is entitled to that portion of the vote applicable to the unit as is proportionate to the co-owner’s interest in the unit. (2) A co-owner may demand that a poll vote be taken.
25. In the case of a tie in a vote taken at an annual general meeting or a general meeting, whether on a show of hands or on a poll vote, the resolution does not pass.
26. (1) Except for matters requiring a special resolution, all matters shall be determined by ordinary resolution. (2) The following must be recorded in the minutes of an annual general meeting or general meeting: (a) the results of whether or not a resolution passed in a show of hands vote; (b) the number of persons entitled to exercise the power of voting who voted in favour of the resolution in a poll vote and the number of unit factors represented by these persons; (c) the number of persons entitled to exercise the power of voting who voted against the resolution in a poll vote and the number of unit factors represented by these persons; (d) the text of resolutions adopted by the Corporation.
27. Each annual general meeting shall occur within the 15 months following the date of the previous meeting. Appointment of Proxy
28. An instrument appointing a proxy shall not be transferred by a proxy holder to an individual who is not named in the proxy. An owner has the right to revoke a proxy
29. Except as provided for in the Act and the Regulation, there are no restrictions or limitations on an owner's right to vote at an annual general meeting or a general meeting.
30. The chair or the chair’s delegate shall certify the results of votes conducted at a general meeting.
31. The board may exercise the powers provided for in section 36 of the Act.
32. A corporation may exercise all powers granted to a corporation under the Act and the regulations under the
Act, except to the extent that
{a) the Act requires a specific bylaw to be enacted before the corporation exercises that power, or
(b) an ordinary resolution made under section 28.2(1) of the Act directs the board not to exercise a right
or a power granted by the Act or the regulations under the Act.
33. If an amendment, repeal or replacement of a By-law is proposed, not fewer than 14 days prior to the day on which the special resolution is to be voted on, the persons with a right to vote shall be given written copies of the existing By-law accompanied with highlighted or underlined text showing the By-law as it would read if the proposed amendment, repeal or replacement had been implemented.
34. In this section, “occupant” means a person present in or on a unit or in or on the real or personal property of the Corporation or the common property with the permission of an owner. (2) An owner shall not: (a) use or enjoy the real or personal property of the Corporation or the common property in such a manner as to unreasonably interfere with its use and enjoyment by other owners or the occupants; (b) use the owner’s unit in a manner or for a purpose that will cause a nuisance or hazard to any other owner or occupant; (c) use the owner’s unit for a purpose that is illegal; (d) make undue noise in or on the owner’s unit or on or about real property of the Corporation or the common property; (e) keep an animal in or on the owner’s unit or on the real property of the Corporation or the common property without the consent of the Board; (f) in the case of a residential unit, use the owner’s unit for a purpose other than for single-family residential purposes; (g) do anything in respect of the owner’s unit, the real or personal property of the Corporation or the common property or bring or keep anything on it that will in any way increase the risk of fire or result in an increase of any insurance premiums payable by the Corporation; (h) use a toilet, sink, tub, drain or other plumbing fixture for a purpose other than that for which it is constructed; (i) hang or place on the real property of the Corporation or the common property or within or on a unit anything that is, in the opinion of the Board, aesthetically unpleasing when viewed from outside the units; (j) leave articles belonging to the owner’s household on the real property of the Corporation or the common property when those articles are not in actual use; (k) obstruct a sidewalk, walkway, passage, driveway or parking area other than for ingress and egress to and from the owner’s unit; (l) use any portion of the real property of the Corporation or the common property except in accordance with the By-laws; (m) make a lease arrangement without doing a police check on the proposed lessee and providing the results to the Board or the Board’s delegate; (n) use the unit in whole or in part for any commercial purpose involving the attendance of the public at the unit without prior written approval of the Board; (o) allow any tenant or lessee the use of the unit for any paid short-term rental or lease of less than one (1) month without prior written approval of the Board; (p) allow any licensee the use of the unit for any paid short-term accommodation purposes of less than one (1) month without prior written approval of the Board.
35. A Corporation shall establish a code of conduct for the members of its Board by resolution. (2) Each member of the Board who is elected after January 1, 2020 shall be provided with the code of conduct forthwith and: (a) acknowledge in writing that he or she is aware of the code of conduct and agrees to comply with the code of conduct while acting as a member of the Board; and (b) return the acknowledgment to the Corporation. (3) A member of the Board referred to in subsection (2) is not permitted to vote at meetings until that member complies with subsection (2).