These are the reproduced Bylaws of the Rio Vista Villas condominium corporation (See Disclaimer).
1 (I). 1. DEFINITIONS In these By-Laws, where capitalized and unless the context or subject matter requires a different meaning, all capitalized terms shall have the following meanings: (a) “Act” means the Condominium Property Act, Revised Statutes of Alberta, 2000, Chapter C-22, as amended from time to time or any statute or statutes passed in substitution therefor; (b) “Board” means the Board of Directors of the Corporation; (c) “By-Law” means the By-Laws of the Corporation, as amended from time to time; (d) “Capital Replacement Reserve Fund” means a fund established in accordance with the provisions of the Act, to be used for major repairs and replacements of any portions of the Units for which the Corporation is responsible, any real and personal property of the Corporation and the Common Property; (e) “Common Expenses” means the expense of performance of the objectives and duties of the Corporation and any expenses specified as Common Expenses in these By-Laws; (f) “Common Property” means so much of the Parcel as is not comprised in or does not form part of any residential Unit shown on the Condominium Plan, but includes all Common Property Units created on the registration of each Redivision Plan; (g) “Common Property Unit(s)” means a Unit created on the registration of each Redivision Plan which is for common use by Owners and which the Corporation shall own and administer, control, manage, maintain, repair and replace as if the same were Common Property; (h) “Condominium Plan” means the condominium plan registered under the Act as No. 941 2387 and all Redivision Plans thereof; (i) “Corporation” means the corporation constituted under the Act by the registration of the Condominium Plan whose legal name is “The Owners: Condominium Plan No. 941 2387”; (j) “Emergency Situation” means a situation normally and reasonably perceived as one which would endanger either or both person or property if not immediately remedied or rectified; (k) “General Meeting” includes both annual and special General Meetings and means those meetings, held upon notice to all members of the Corporation, at which all such members or their proxies are entitled to be present and, if qualified, to vote; (l) “Improvements and Betterments” means those enhancements, renovations or modifications to the Unit during construction by the builder or at a later date, which increase the kind, quantity or quality of the finishing, materials, fixtures or construction over that of a standard Unit as constructed by the original builder; (m) “Insurance Trustee” means a person, firm or corporation selected from time to time by resolution of the Board, whose duties include the receiving, holding and disbursing of proceeds of policies of insurance pursuant to these By-Laws and the Act. If no Insurance Trustee is appointed, then the Board is the Insurance Trustee; (n) “Interest Rate” means eighteen (18%) percent per annum, calculated annually, or such lesser or greater rate as is equal to the maximum rate permitted under the Regulation to the Act; (o) “Manager” means any condominium property manager contractually appointed by the Board; (p) “Municipal” and “Municipality” means the City of Lethbridge; (q) “Occupant” means a person resident in a Unit or in or upon the real or personal property of the Corporation or the Common Property with the permission of an Owner for a period of sixty (60) days or more in any calendar year; (r) “Ordinary Resolution” means a resolution: (i) passed at a properly convened meeting of the Corporation by a majority of all the persons present or represented by proxy at the meeting and entitled to exercise the powers of voting conferred by the Act or these By-Laws; or (ii) signed by a majority 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 these By-Laws and representing more than 50% of the total Unit Factors for all of the Units; (s) “Owner” means a person who is registered as the Owner of the fee simple estate in a Unit and, where the term “Owner” is used in Bylaw 62, that term includes a tenant; (t) “Parcel” means the land comprised in the Condominium Plan; (u) “Privacy Area(s)” means any area granted to an Owner pursuant to Bylaw 58; (v) “Private Motor Vehicle” means cars, light trucks up to 1/2-ton size, mini-vans, motorcycles and sport utility vehicles, and shall specifically exclude commercial vehicles; (w) “Project” means all of the real and personal property and fixtures comprising the Parcel, land and buildings which constitute the Units and Common Property and includes the Common Property Units owned by the Corporation; (x) “Redivision Plan(s)” means the Condominium Plans of Redivision No. 0313111 and No. 0412823; (y) “Redivision Unit(s)” means the Unit(s) created as the result of the registration of a Redivision Plan; (z) “Regulation” means the Condominium Property Regulation, currently being Alberta Regulation 168/2000, and any other Regulation made from time to time in substitution, replacement or addition thereto by the Lieutenant Governor in Council in Alberta pursuant to the Act; (aa) “Single Family Dwelling” means a Unit occupied or intended to be occupied as a residence by one family alone; (bb) “Special Business” means any resolution to be voted upon at a General Meeting of the Owners of which advance notice is required to be given under these By-Laws. Special Business may or may not require to be passed by a Special Resolution; (cc) “Special Resolution” means a resolution: (i) passed at a properly convened meeting of the Corporation by a majority of not less than 75% of all the persons entitled to exercise the powers of voting conferred by the Act or these By-Laws and representing not less than 75% of the total Unit Factors for all the Units; or (ii) agreed to in writing by not less than 75% 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 these By-Laws and representing not less than 75% of the total Unit Factors for all the Units; (dd) “Spouse” includes a person who holds that position usually enjoyed by a Spouse whether or not they are legally married; (ee) “Standard Insurable Unit Description” or “SIUD” means a description, as adopted by the Corporation under the Regulations, of standard fixtures and finishing in a Unit or a class of Units, which are to be insured by the Corporation; (ff) “Unit” means an area designated as a residential Unit by a Redivision Plan by reference to floors, walls and ceilings within the building and shall not include the Common Property Units but shall include, for the purposes of these By-Laws, for the residential Units: (i) window screens and screen doors; (ii) all ceiling and wall coverings including, but not limited to, paint, wallpaper, ceiling stipple or any substance used in lieu installed throughout the total Unit; (iii) all floor coverings of whatever nature including, but not limited to, carpet, carpet underlay, linoleum, tiles, hardwood and hardwood lookalikes; (iv) all non-load-bearing partitions, including their studs; (v) all items not necessarily common to all Units including, but not limited to, intercommunication systems, security systems and air-conditioning equipment; (vi) all Unit plumbing, including pipes and fixtures inside the interior finishing of the exterior floors, walls and ceilings including, but not limited to: A) bathroom fixtures such as baths, toilets, sinks and fans; B) all Unit plumbing traps and drains; C) kitchen sink and pipes under sink; D) all water taps (kitchen and bathroom); and E) any laundry facilities in the Unit; (gg) “Unit Factor” means the Unit Factor for each Unit as more particularly specified or apportioned and described in and set forth on the Condominium Plan. Words and expressions which have a special meaning assigned to them in the Act have the same meaning in these By-Laws, and other expressions used in these By-Laws and not defined in the Act or in these By-Laws have the same meaning as may be assigned to them in the Land Titles Act, R.S.A. 2000, c. L-4, or the Law of Property Act, R.S.A. 2000, c. L-7, as amended from time to time or in any statute or statutes passed in substitution therefor. Words importing the singular number also include the plural, and vice versa, and words importing a reference to one gender shall include reference to other genders or neuter, as required, and words importing persons include firms and corporations and vice versa, where the context so requires. 2. MISCELLANEOUS PROVISIONS In addition: (a) Headings The headings used throughout these By-Laws are inserted for reference purposes only and are not to be considered or taken into account in construing the terms or provisions of any By-Law; (b) Rights of the Corporation and Owners The rights and obligations given or imposed on the Corporation or the Owners under these By-Laws are in addition to any rights or obligations given or imposed on the Corporation or the Owners under the Act; (c) Conflict with Act If there is any conflict between the By-Laws and the Act, the Act prevails; (d) Extended Meanings If and whenever reference hereunder is made to “repair,” it is hereby implied and extended to include in its meaning the making of improvements or betterments or the enhancement or replacement with a better thing of or for anything to which such repair could be made.
2 (II). 3. DUTIES OF THE OWNERS An Owner SHALL: (a) subject always to the Act, permit the Corporation and its agents, at all reasonable times on a minimum of twenty-four (24) hours’ notice (except in case of an Emergency Situation when no notice is required), to enter his Unit for the purpose of: (i) inspecting the Unit and maintaining, repairing, renewing or replacing party walls and pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the Unit; (ii) maintaining, repairing, renewing or replacing the Common Property; (iii) ensuring that the By-Laws are being observed; (iv) doing any work for the benefit of the Corporation generally; and (v) gaining access to meters and/or valves relating to any utility. In the unlikely event the Corporation must gain access for the aforesaid purposes, an Owner shall ensure that the locks to the exterior door of the Unit are accessible with the building master key to facilitate emergency or permitted service entry. In the event the Unit is not accessible with the master key, the Owner shall be financially responsible for any damage or, if necessary, for using a locksmith, in which event the Owner must bear the cost of such locksmith. (b) forthwith: (i) carry out all work that may be ordered by the Municipality or public authority in respect of his Unit; and (ii) pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his Unit; (c) duly and properly repair, maintain and replace (when required), at the expense of the Owner and subject to the prior written approval of the Corporation as to the type and specifications for any exterior light fixtures or air-conditioning equipment: (i) the interior of the Unit from the interior finishing of the exterior walls, floors and ceilings inwards and all appliances, fixtures, improvements and additions thereto; (ii) with regard to windows and doors: A) the windows of the Unit that are located on the interior walls of the Unit. An Owner shall repair and replace all window screens; B) the doors of a Unit located on the interior walls of a Unit, including the painting of the interior finishing of Unit access doors. An Owner shall repair and replace all door screens and sliding glass door screens; and C) washing, as required, the interior and exterior surfaces of all accessible windows, doors, and sliding glass doors; (iii) mailbox lock and key and his Common Area room keys and building entrance keys; (iv) any interior wall- or ceiling-mounted air-conditioning equipment installed by or at the request of an Owner with prior Board approval; (v) all electrical, electronic and mechanical devices which are mounted or located on the interior or exterior of the Unit for his own use entirely, including, but not limited to, components of intercommunication systems and security systems; (vi) all light fixtures and bulbs attached to the exterior of the Unit; and (vii) any Owner-initiated improvements made to any Privacy Area or Unit after the Owner has received Board approval for such improvements; and keep his Unit in a state of good repair, except such maintenance, repairs and damage as are insured against by the Corporation or for which the Corporation is responsible pursuant to these By-Laws; (d) on a day-to-day basis, maintain and keep in a neat, clean and tidy state and appearance, consistent with and in total integrity with the balance of the Project, any Privacy Area (and the watering and maintaining of any plants therein) which is located on or which comprises any part of the Common Property to which the Owner has been granted exclusive use pursuant to By-Law 5 or By-Law 58. If the Owner shall not maintain such Privacy Area to a standard similar to that of the remaining Common Property, the Corporation may give ten (10) days’ notice to the Owner to this effect and, if such notice has not been complied with at the end of that period, then the Corporation may carry out such work and the provisions of By-Law 58 shall apply; (e) not paint the exterior of the Unit or building nor make any repairs, additions or alterations to the exterior of his Unit, Common Property or the building (INCLUDING interior and exterior load-bearing and partition walls) of which his Unit forms a part, or to the common plumbing, common mechanical or common electrical systems within his Unit, without first obtaining the written consent of the Board; (f) use and enjoy the Common Property in accordance with these By-Laws and all rules and regulations prescribed by the Corporation and in such a manner as to not unreasonably interfere with the use and enjoyment thereof by other Owners, their families or visitors; (g) not use his Unit or permit it to be used in any manner for any purpose which may be illegal, injurious, or that will cause any insurance maintained by the Corporation to be cancelled, declined or its premium rates increased, or that will cause nuisance or hazard to any Occupant of another Unit (whether an Owner or not) or the family of such an Occupant; (h) notify the Corporation forthwith upon any change of ownership or of any mortgage, lease or other dealing in connection with his Unit; (i) comply strictly with these By-Laws and any other such rules and regulations as may be adopted pursuant thereto and cause all Occupants of and visitors to his Unit to similarly comply; (j) pay to the Corporation (or, if requested, to the Manager) when due all contributions levied or assessed against his Unit and all other amounts due from him to the Corporation under these By-Laws, together with interest on any arrears thereof at the Interest Rate calculated from the due date until paid, and the Corporation is hereby permitted to charge such interest in accordance with Section 40 of the Act and Section 76 of the Regulation; (k) pay to the Corporation all legal expenses incurred as a result of it having to address a violation or infraction of the By-Laws or the Act, both before and after commencement of any enforcement proceedings if necessary, or to collect any Common Expenses levied or assessed against their Unit and all other amounts due from them to the Corporation under these By-Laws, and such expenses shall be paid on a solicitor-and-his-own-client full indemnification basis; (l) indemnify the Corporation for damage to or the cost of repairing or replacing damage to any part of the building, Common Property or any Unit caused by or aggravated by such Owner, his Occupants or invitees, or originating from the Unit of such Owner, or by any default under these By-Laws by such Owner, his Occupants or invitees (regardless of whether an insurance claim is made by the Corporation or not); (m) carry a condominium Unit Owner’s insurance policy in accordance with By-Law 46 and in consultation with his professional insurance provider; (n) if requested by the Corporation, provide pre-authorized debit information and subscribe to an automated debit service, or provide twelve (12) post-dated cheques for the payment of such instalments for duly assessed condominium contributions for the appropriate forthcoming or remaining budgetary term; (o) pay to the Corporation, on demand, any bank or Corporation charges (including interest) for any late or NSF cheque written by such Owner or any returned automatic bank debit; (p) if he wishes the Corporation to respond to his suggestions, questions or complaints, express them in writing sent by electronic mail or placed in an envelope delivered to the Board or to the Manager. The Board shall not be required to respond to any suggestion, question or complaint that is not in writing and properly submitted to the Board or to the Manager; (q) not unreasonably interfere with the lawful activities of the Board or the Corporation; (r) if granted consent to erect a balcony enclosure: (i) shall comply with the architectural and engineering standards set by the Board from time to time; and (ii) the Owner must maintain and repair the balcony enclosure, at his cost (including replacement where reasonably or structurally necessary or unless the request to replace or remove was due to a building construction defect, actions of the Corporation, or by normal deterioration of the Common Property) and subject to the approval of the Board and comply with all regulations the Board may establish with regard to said balcony enclosure. The Owner shall be responsible for any liability emanating or arising from the balcony enclosure; and (s) purchase deductible insurance: (i) with respect to deductibles that may be payable to the Corporation; (ii) with coverage of up to and including $50,000 pursuant to the Act, in any insurable loss; and (iii) with a certificate of insurance provided, showing such coverage, and provided to the Board upon request.
3 (III). 4. DUTIES OF THE CORPORATION In addition to the duties of the Corporation set forth in the Act, the Corporation, through its Board, SHALL: (a) control, manage, maintain, repair, replace and administer the Common Property (except as hereinbefore and hereinafter set forth) and all real property, chattels, personal property or other property owned by the Corporation for the benefit of all of the Owners and for the benefit of the entire Project; (b) do all things required of it by the Act, these By-Laws and any other rules and regulations in force from time to time and shall take all necessary steps it sees fit to uphold these By-Laws; (c) maintain, repair and replace the exterior lighting on the Common Property, all common heating systems, the elevators and their shafts, pits and elevator machinery room, the fire prevention system and boxes, all electrical, telephone, mechanical and boiler rooms, any surveillance and security systems, storage areas, and all pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the Parcel and capable of being used in connection with the enjoyment of more than one (1) Unit or Common Property or utilities outside the interior finishing of the exterior walls, floors or ceilings of a Unit; (d) provide and maintain in force all such insurance as is required by the Act and by the provisions of these By-Laws and enter into any insurance trust agreements from time to time as required by any Insurance Trustee and approved by the Board and, on the written request of an Owner or registered mortgagee of a Unit, or the duly authorized agent of such Owner or mortgagee, provide to the Owner or mortgagee a copy of the policy or policies of insurance effected by the Corporation or a certificate or memorandum thereof; (e) maintain, repair and replace (subject to any obligations imposed by these By-Laws or by the Corporation upon any Owners to care for and maintain any part of their Unit, the Common Property, or any Privacy Area to which such Owners are granted exclusive right of use): (i) the exterior or outside surfaces of the buildings comprising the Units, including: A) exterior cladding, roofing materials, foundations, eavestroughs, soffits, downspouts, exterior drains and exterior beams; B) all windows, doors and sliding glass doors on the exterior walls of a Unit and Unit access doors, except to the extent the Owner is required to repair and maintain under By-Law 3(c); C) the jambs and structural frames, any exterior caulking, and the repair of any leakage around windows, doors and sliding glass doors; D) painting exterior window, door and sliding glass door trim and the exterior surface finishing of Unit access doors; and E) washing the exterior surface of inaccessible windows and all Common Property windows at the discretion of the Board; (ii) hallway Unit numbers, mail area and mailboxes (except the locks and keys); (iii) standard thermostats, zone valves, radiators and shut-off valves within the Units; (iv) all parking areas, the automatic garage doors, the driveway, landscaped areas, and common sidewalks; (v) all patios, all balconies and their rails, and all fencing and related posts (excluding any approved balcony enclosures which shall be repaired and maintained by the Owner); (vi) the garbage enclosures and garbage facilities; (vii) all common utility services within, on, in, under or through the Units, all utility services outside the interior finishing of the exterior walls, floors and ceilings of the Units and all utilities on Common Property; and (viii) all other outside accoutrements affecting the appearance, usability, value or safety of the Parcel or the Units and the Common Property, including the structural maintenance of any Privacy Area which is located on any part of the Common Property to which an Owner has been granted exclusive use pursuant to By-Law 5 or By-Law 58; (f) collect or cause to be collected and receive or cause to be received all contributions towards the Common Expenses and deposit same in a separate account, in the Province of Alberta, with a chartered bank or trust company or ATB Financial or credit union incorporated under the Credit Union Act, R.S.A. 2000, c. C-32, within the times required by the Act; (g) subject always to and in accordance with the Act and any Regulation: (i) establish and maintain a Capital Replacement Reserve Fund from contributions for Common Expenses levied by the Corporation in amounts determined by the Board to be fair and prudent. It shall be used (and reasonably expected to provide sufficient funds) to pay for major repairs and replacements of: A) any portions of the Units for which the Corporation is responsible; B) any real and personal property owned by the Corporation; and C) the Common Property; where the repair or replacement is of a nature that does not occur annually. Funds from the Capital Replacement Reserve Fund may be used for the required report prepared by an expert examining the conditions of the property set forth in subparagraph (i) above; (ii) maintain such funds in separate trust accounts registered in the name of the Corporation and they shall not be commingled with any other funds of the Corporation or any other condominium corporation; (iii) not take funds from the Capital Replacement Reserve Fund for the purposes of making capital improvements not contemplated by the reserve fund report of the Corporation unless such improvements are authorized by Special Resolution. The Capital Replacement Reserve Fund shall be an asset of the Corporation and no part of that money shall be refunded or distributed to any Owner of a Unit except where the Project ceases to be governed by the Act; (iv) prepare an annual report each fiscal year respecting the Capital Replacement Reserve Fund, setting out at least the following: A) the amount of the reserve fund as of the last day of the immediately preceding fiscal year; B) all payments made into and out of the reserve fund for that year and the sources and uses of those payments; C) a list of the depreciating property that was repaired or replaced during that year and the costs incurred in respect of the repair or replacement of that property; D) the amount of the reserve fund projected for the current fiscal year; E) total payments by ordinary or special resolutions into, and payments out of, the reserve fund for the current fiscal year; and F) a list of the depreciating property projected to be repaired or replaced during the current fiscal year and the projected costs of the repairs and replacements; (v) supply a copy of the approved Capital Replacement Reserve Fund plan to each Owner prior to the collection of any funds for the purpose of those matters dealt with in the reserve fund report; (vi) no later than five (5) years from the day that the most recent Capital Replacement Reserve Fund plan was approved, carry out a new reserve fund study, prepare a new reserve fund report, approve a new reserve fund plan, and provide a copy of the newly approved plan to each Owner prior to the collection of any further funds for the purposes of the Capital Replacement Reserve Fund; and (vii) within ten (10) days of receipt of a written request from an Owner, purchaser or mortgagee of a Unit, provide to the person making the request, at his own expense, a copy of the most recent reserve fund report, reserve fund plan or annual report; (h) pay all sums of money properly required to be paid on account of all services, supplies and assessments pertaining to or for the benefit of the Parcel, the Corporation and the Owners as the Board may deem justifiable in the management or administration of the entire Project; (i) clear ice, snow, slush and debris from and keep and maintain in good order and condition all areas of the Common Property designated for vehicular or pedestrian traffic and parking, and keep and maintain in good order and condition the hallways, stairs and stairwells, lobbies, vestibules and entrances, the office, meeting room, conservatory, great room, kitchen and its equipment and appliances, common washrooms, and all grassed or landscaped areas of the Common Property, PROVIDED THAT the general cleaning and maintenance of any Privacy Area designated to an Owner under By-Law 5 or By-Law 58 shall be the primary responsibility of the Owner to whom such Privacy Area has been assigned; (j) provide adequate recycling, garbage and/or organic materials receptacles or containers on the Common Property for use by all the Owners and provide for regular collection therefrom, if not done by the Municipality; (k) at all times keep and maintain for the benefit of the Corporation and all Owners copies of all warranties, guarantees, drawings and specifications, plans, written agreements, certificates and approvals provided to the Corporation pursuant to Section 16.1 of the Act; (l) not plant any trees or substantial landscaping or make any unauthorized grade changes within any lands which are the subject of an easement or similar grant to any utility company, Municipality or local authority; (m) establish and maintain lawns, gardens, trees and shrubs and other landscaping on the Common Property; (n) maintain and keep current a parking register which shall indicate the name of the Owner (or Occupant) assigned each parking area located on the Common Property and/or the name of the person entitled to exclusive use and occupation of such area; (o) repair, replace and maintain party walls separating Units. However, if the Owner is responsible for the reason or cause for such repair, replacement or maintenance, or the reason or cause for such repair, replacement or maintenance originated from the Owner’s Unit, the cost of such repair, replacement or maintenance (regardless of whether an insurance claim is made or not) may be charged back to the responsible Owner; and (p) repair, replace and maintain windows, doors and sliding glass doors on the exterior walls of the Units. However, if the Owner is responsible for the reason or cause for such repair, replacement or maintenance, or the reason or cause for such repair, replacement or maintenance originated from the Owner’s Unit, the cost of such repair, replacement or maintenance (regardless of whether an insurance claim is made or not) may be charged back to the responsible Owner. 5. POWERS OF THE CORPORATION In addition to the powers of the Corporation set forth in the Act, the Corporation, through its Board, MAY AND IS HEREBY AUTHORIZED TO: (a) purchase, hire or otherwise acquire personal property and/or real property for use by Owners in connection with the maintenance, repair, replacement or enjoyment of the real and personal property of the Corporation or the Common Property, or their Units or any of them, provided that real property shall only be acquired or disposed of by Special Resolution; (b) borrow monies required by it in the performance of its duties or the exercise of its powers, provided that each such borrowing and all outstanding loans during that fiscal year in excess of fifteen (15%) percent of the Corporation’s revenues as set out in the most recent financial statements of the Corporation has been approved by Special Resolution; (c) secure the repayment of monies borrowed by it, and the payment of interest thereon, by negotiable instrument, or mortgage of unpaid contributions (whether levied or not), or mortgage of any property vested in it, or by any combination of those means; (d) invest as it may determine any contributions toward the Common Expenses, SUBJECT TO the restrictions set forth in Section 43 of the Act; (e) make an agreement with an Owner, tenant or other Occupant of a Unit for the provision of amenities or services by it to the Unit or to the Owner, tenant or Occupant thereof; (f) grant to an Owner, tenant or other proposed Occupant the right to exclusive use, lease and enjoyment of part of the Common Property (including storage areas) and/or special privileges in respect thereof, and, except for the provisions of these By-Laws relating to the Privacy Areas assigned to each Unit, any such grant to be terminated on reasonable notice, unless the Corporation by Special Resolution otherwise resolves; (g) make such rules and regulations as it may deem necessary or desirable from time to time in relation to the use, enjoyment and safety of the Common Property and do all things reasonably necessary for the enforcement of these By-Laws and for the control, management and administration of the Common Property generally, including the commencement of an action under Section 36 and/or Section 67 of the Act and all subsequent proceedings relating thereto; (h) determine from time to time the amounts to be raised and collected for the purposes hereinbefore mentioned; (i) raise the amounts of money so determined by levying contributions on the Owners in proportion to the Unit Factors for their respective Units or as otherwise herein provided; (j) charge interest under Section 40 of the Act and Section 76 of the Regulation on any contribution or Common Expenses owing to it by an Owner at the Interest Rate; (k) pay an annual salary, honorarium or stipend 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; (l) join any organization serving the interests of the Corporation and assess the membership fee in such organization as part of the Common Expenses; (m) do all things which are, either or both, incidental or conducive to the exercise of its powers granted under the Act and the By-Laws; (n) provide and maintain a fund to take care of expenses not properly chargeable to the Capital Replacement Reserve Fund or everyday maintenance expenses. The fund shall be called a contingency fund and shall be used to cover the cost of any unexpected or abnormal repair or expense not budgeted or not covered by the operating budget or the Capital Replacement Reserve Fund; (o) subject to any limitations and prohibitions contained in the Act, these By-Laws and otherwise by law, have such powers and do all such things which any corporate body shall be empowered and authorized to do under the Business Corporations Act, R.S.A. 2000, c. B-9 (as amended from time to time) and do all things and have such rights, powers and privileges of a natural person; and (p) levy penalties by way of monetary sanctions, or commence such other proceedings as may be available, for the contravention of any By-Law including, but not limited to, the right of the Corporation to obtain an order of the Court restricting or prohibiting the occupancy of a Unit by an Owner.
4 (IV). 6. THE CORPORATION AND THE BOARD The powers and duties of the Corporation shall, subject to any lawful restriction imposed or direction given by Ordinary Resolution at a General Meeting, be exercised and performed by the Board. 7. COMPOSITION OF THE BOARD The composition of the Board shall provide that: (a) The Board shall consist of not fewer than five (5) nor more than nine (9) Owners, Spouses of Owners, representatives of corporate Owners, or representatives of mortgagees who have notified their interests to the Corporation. The number of members to be elected to the Board (between five (5) and nine (9)) for the next ensuing year shall be fixed by resolution at the annual General Meeting just prior to the election of the Board; (b) A Board member must be eighteen (18) years of age or older; (c) Only one (1) Owner or his/her Spouse in respect of a Unit may sit on the Board at any point in time; (d) Every member of the Board shall make full disclosure of any potential conflict of interest and any direct or indirect relationships he or she may have with the Corporation, whether contractual, financial or employment-related, not be present for the discussion, and refrain from voting on such matter of conflict; (e) Every member of the Board shall: (i) exercise the powers and discharge the duties of the office of member of the Board honestly and in good faith with a view to the best interests of the Corporation; (ii) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and (iii) sign a director’s code of conduct, as established by resolution of the Board, at the first meeting of the Board; (f) An individual who ceases to be a Board member or officer of the Corporation shall return all Corporation property and documents to the Corporation within fourteen (14) days after ceasing to be a Board member or officer. (g) Current and former Board members and officers of the Corporation shall not share confidential information with any other person (“confidential information” includes, but is not limited to, deliberations of Board members, statements made by Board members at meetings, matters pertaining to specific Owners, and any communication from an Owner to the Board). (h) No Owner who is indebted to the Corporation for a contribution, assessment or levy that is more than sixty (60) days overdue shall be eligible for election to or membership on the Board. 8. TERM OF OFFICE AND RETIREMENT FROM BOARD A Board member shall be elected for a two (2) year term which expires at the second annual General Meeting from when such member is elected. At each annual General Meeting of the Corporation, all of the members of the Board whose terms have expired shall be deemed to have retired from office and the Corporation shall elect or re-elect new members accordingly. 9. ELIGIBILITY FOR ELECTION OR RE-ELECTION TO BOARD Those entitled to accept nomination must either be in attendance at the annual General Meeting or have agreed in writing to the nomination. A retiring member of the Board shall be eligible for re-election. 10. REMOVAL FROM BOARD The Corporation may, by Ordinary Resolution at a Special General Meeting, remove any member of the Board before the expiration of his term of office and appoint or elect another Owner in his place to hold office until the next annual General Meeting. 11. CASUAL VACANCY ON BOARD Where a vacancy occurs on the Board under Bylaw 20: (a) the remaining members of the Board may appoint a person to fill that office for the remainder of the former member’s term, provided such person qualifies for membership pursuant to Bylaw 7; and (b) where the Board has fewer than five (5) remaining members, the remaining members of the Board must appoint a person or persons to fill that vacancy and maintain a Board of at least five (5) members for the remainder of the former member’s term, provided such person(s) qualifies for membership pursuant to Bylaw 7. Such appointed member(s) shall have the same rights and responsibilities as duly elected Board members. 12. QUORUM FOR BOARD A quorum of the Board is a majority of Board members. Any member of the Board may waive notice of a meeting before, during or after the meeting, and such waiver shall be deemed the equivalent of receipt of due and proper notice of the meeting. If at any time during a meeting the quorum requirement is absent, no business of the Board shall be conducted except for procedural actions which consist of fixing a time to adjourn, adjournment or recess, or the taking of steps to obtain a quorum. 13. OFFICERS OF THE CORPORATION At the first meeting of the Board held after each annual General Meeting of the Corporation, the Board shall elect from among its members a President, a Vice-President, a Treasurer and/or a Secretary who shall hold their respective offices until the conclusion of the next annual General Meeting of the Corporation, or until their successors are elected or appointed. A person also ceases to be an officer of the Corporation if he ceases to be a member of the Board. Where a person ceases to be an officer of the Corporation, the Board shall designate from its members a person to fill that office for the remainder of the term. A person may simultaneously hold two (2) offices. 14. CHAIR OF BOARD MEETINGS The President shall act as Chair of every meeting of the Board where he is present. Where the President is absent from any meeting of the Board or vacates the Chair during the course of any meeting, the Vice-President shall act as the Chair and shall have all the duties and powers of the Chair while so acting. In the absence of both the President and the Vice-President, the members present shall appoint a Chair for the meeting who shall have all the duties and powers of the Chair while so acting. Each meeting of the Board shall be held within the Municipality unless the Owners agree, by Ordinary Resolution, to hold the meeting in another location. Unless otherwise determined by the Board, meetings of the Board shall be restricted to Board members and invitees of the Board. 15. DUTIES OF OFFICERS The other duties of the officers of the Board shall be as determined by the Board from time to time. 16. VOTES OF BOARD Voting by Board members shall be governed as follows: (a) At meetings of the Board, all matters shall be determined by simple majority vote. The President shall be the Chair of the Board and shall have a casting vote to break a tie in addition to his original vote. (b) A resolution of the Board in writing signed by a majority of the members shall have the same effect as a resolution passed at a meeting of the Board duly convened and held. (c) A Board meeting may be held by electronic means, including web, video or teleconference. An interim resolution of the Board passed by electronic means (or by e-mail) and approved by a majority vote shall have the same effect as a resolution passed at a meeting of the Board duly convened and held and shall be documented into the minutes at the next scheduled meeting of the Board. (d) Where a Board member has a material interest in any agreements or transactions to which the Corporation is to become a party, he must disclose his interest, not be present for the discussion and refrain from voting on such agreement or transaction, and shall not be counted when determining whether a quorum exists when a vote or other action is taken on the matter of conflict, in accordance with Section 28(3) of the Act. (e) All Board meetings shall be conducted in accordance with the rules of procedure adopted by the Board. 17. FURTHER POWERS OF BOARD The Board MAY: (a) meet together in person or by telephone, video conference call or other electronic means for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit, and it shall meet when any member of the Board gives to the other members of the Board not less than seven (7) days’ notice of a meeting proposed by them, specifying the reason for calling the meeting, provided that the Board shall meet at the call of the President on such notice as he may specify without the necessity of the President giving reasons for the calling of the meeting; (b) appoint or employ for and on behalf of the Corporation such agents or 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 legally valid restriction imposed or direction given at a General Meeting of Owners, delegate to one or more members of the Board such of its powers and duties as it thinks fit, and at any time revoke such delegation; (d) obtain and retain by contract the services of a Manager or any professional real property management firm or agent for such purposes (including, but not so as to limit the generality of the foregoing, the supervision, management and performance of any or all of the duties of the Corporation) and upon such terms as the Board may from time to time decide, subject always to the control and direction of the Corporation and the Board, with such Manager to be reasonably fit and suited to perform such duties. The Manager contracted by the Board need not devote its full time to the performance of duties of the Corporation so long as those duties are performed in a good, timely and sufficient fashion. Under such contract, if a Manager handles money for the Corporation, the contract shall require the Manager to arrange or maintain crime coverage/fidelity bond insurance to protect the Corporation. The fidelity bond is then owned by, paid for by and in the name of the Corporation and for the benefit of the Corporation, and such crime coverage insurance or bond shall cover malfeasance by a Manager, the directors and officers or its employees and shall be in the amount required by the Corporation but in any event at least the sum of: (i) the Capital Replacement Reserve Fund balance at the start of the current fiscal year; and (ii) the maximum balance of the operating account during the previous twelve (12) month period. The amount of the crime coverage insurance or fidelity bond(s) shall be reviewed at least once every two (2) years; (e) enter into an insurance trust agreement in form and on terms as required by any Insurance Trustee; and (f) 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 to be issued by it under the Act or pursuant to these Bylaws. 18. ADDITIONAL DUTIES OF THE BOARD A. The Board SHALL: (a) subject to any legally valid restrictions imposed or directions given pursuant to an Ordinary Resolution passed at a General Meeting of the Owners, carry on the day-to-day business and affairs of the Corporation; (b) keep minutes of its proceedings and, upon written request at the expense of the person requesting, provide copies thereof to Owners and to mortgagees who have notified their interests to the Corporation; (c) cause minutes to be kept of General Meetings of the Owners and, upon written request at the expense of the person requesting, provide copies thereof to Owners and to mortgagees who have notified their interests to the Corporation; (d) cause proper books of account to be kept in respect of all sums of money received and expended by it and the matters in respect of which receipt and expenditure shall take place; (e) deposit all money paid to the Corporation, except as otherwise authorized in writing pursuant to a resolution of the Board, to a separate trust account registered in the name of the Corporation within three (3) banking days of receipt, and all money paid to the Corporation is deemed to be held in trust for the performance of the duties and obligations of the Corporation in respect of which the payment was made; (f) keep all such trust money intact and not withdraw, convert, direct, borrow or commingle such money with other funds except as otherwise authorized in writing pursuant to a resolution of the Board; (g) prepare or cause to have prepared financial statements comprising proper accounts relating to all monies of the Corporation, and the income and expenditure thereof, for each annual General Meeting and distribute copies thereof to each Owner and to each mortgagee who has notified its interest to the Corporation. Such financial statements shall be prepared in accordance with generally accepted accounting principles; (h) maintain financial records of all the assets, liabilities and equity of the Corporation; (i) on written application of an Owner or mortgagee, or any person authorized in writing by him, make the books of account available for inspection at a time convenient to such Board member; (j) at least once a year, cause the books and accounts of the Corporation to be audited by an independent Chartered Professional Accountant to be selected at each annual General Meeting of the Corporation and cause to be prepared and distributed to each Owner and to each mortgagee who has notified its interest to the Corporation in writing, a copy of the audited Financial Statement of the receipts of contributions of all Owners toward the Common Expenses and disbursements made by the Corporation and a copy of the Auditor’s Report within one hundred twenty (120) days of the end of the fiscal year of the Corporation. The report of the auditor shall be submitted to each annual General Meeting of the Corporation. Any obligations under this paragraph may be waived upon the passing of an Ordinary Resolution to that effect; (k) keep a register noting the names and addresses of all Owners and any mortgagees who have given notice of their interests to the Corporation; (l) at all times, keep and maintain in force all insurance required hereunder and by the Act to be maintained by the Corporation; (m) within thirty (30) days from the conclusion of the Corporation’s annual General Meeting, file or cause to be filed at the Land Titles Office a notice in the prescribed form stating the name and address of each member of the Board; (n) promptly following a change in the membership of the Board, a change in the name of a member of the Board, or a change in the address of a member of the Board, file or cause to be filed at the Land Titles Office a notice in the prescribed form stating the change; (o) file or cause to be filed at the Land Titles Office a notice in the prescribed form of any change in the address for service of the Corporation; (p) upon request and if required by the Canada Revenue Agency, file or cause to be filed a Statement of G.S.T., a corporate tax return and/or an updated annual non-profit information return for the Corporation; (q) upon request of an Owner, purchaser or mortgagee of a Unit, the Corporation shall, within ten (10) days of receiving that request, provide to the person making the request one or more of the following as requested by that person: (i) the particulars of: A) any action commenced against the Corporation in respect of which the Corporation has been served, including the amount claimed against the Corporation; B) any unsatisfied judgment or order for which the Corporation is liable; and C) any written demand made on the Corporation for an amount in excess of $5,000.00 that, if not met, may result in an action being brought against the Corporation; (ii) a statement setting out the amount of the Capital Replacement Reserve Fund; (iii) a statement setting out the amount of the contributions and the basis on which that amount was determined; (iv) a statement setting out any structural deficiencies that the Corporation has knowledge of at the time of the request in any of the buildings that are included on the Condominium Plan; (v) loan disclosure statements for current loans, including documents showing the starting balance, current balance, interest rate, monthly payment, purpose of the loan, amortization period and default information, if applicable; (vi) the particulars or a copy of any subsisting or prior management agreement; (vii) the particulars or a copy of any subsisting recreational agreement; (viii) the particulars respecting any post-tensioned cables that are located anywhere on or within the property that is included in the Condominium Plan; (ix) a copy of the budget of the Corporation; (x) a copy of the annual financial statements; (xi) a copy of the Bylaws; (xii) in respect of a particular fiscal year, a copy of: A) all approved minutes (of proceedings) of all General Meetings of the Corporation, if available; B) draft minutes of General Meetings, if approved minutes are not available, for meetings that occurred at least 30 days before the date of the request; and C) approved minutes of Board meetings; (xiii) a statement setting out the Unit Factors and the criteria used to determine Unit Factor allocation; (xiv) a copy of any lease agreement or other exclusive possession agreement with respect to the possession of a portion of the Common Property or real property of the Corporation, including a parking stall or storage unit; (xv) a consolidation of all the rules made by the Corporation under Section 32.1 of the Act; (xvi) a list of the names and addresses for service of the members of the Board; (xvii) the text of Ordinary and Special Resolutions voted on by the Corporation and the results of the voting on those resolutions, other than the results of a vote conducted by a show of hands; (xviii) copies of reports prepared for the Corporation by professionals, including professional engineers but excluding reports requested and obtained by the Corporation’s legal counsel in relation to actual or contemplated litigation; (xix) copies of insurance certificates held by the Corporation; (xx) copies of policies of insurance held by the Corporation; (xxi) the current Standard Insurable Unit Description for the Units; and (xxii) copies of reserve fund plans, reserve fund reports and annual reports. B. The Corporation may provide any prescribed information requested under this Bylaw in electronic form unless the person requesting the information or documents specifically requests that they be provided in paper form. C. The Board or the Manager supplying any documents required to be provided in these Bylaws or under Section 44 of the Act, or making the books of account available for inspection, shall be entitled to charge fees for the production thereof in accordance with the Regulation, or for making the books of account available for inspection. 19. DEFECTS IN ELECTION/APPOINTMENT TO BOARD All acts done in good faith by the Board are, notwithstanding it be afterwards discovered that there was some defect in the election/appointment or continuance in office of any member of the Board, as valid as if the member had been duly elected/appointed or had duly continued in office. 20. VACATING OFFICE OF BOARD MEMBERS The office of a member of the Board shall be vacated if the member: (a) resigns his office by notice in writing to the Corporation; (b) dies; (c) is more than sixty (60) days in arrears of any contribution, levy or assessment required to be made by him as an Owner; (d) is more than sixty (60) days in default of a judgment by a court of any money owing to the Corporation; (e) is more than sixty (60) days in default of any obligation owing to the Corporation in respect of the Owner’s Unit or Common Property; (f) becomes bankrupt as defined in the Bankruptcy and Insolvency Act (Canada), R.S.C. 1985, c. B-3; (g) is or becomes a represented adult as defined in the Adult Guardianship and Trusteeship Act, S.A. 2008, c. A-4.2, or is the subject of a Certificate of Incapacity that is in effect under the Public Trustee Act, S.A. 2004, c. P-44.1; (h) is convicted of an indictable offence for which the member is liable to imprisonment for a term of not less than two (2) years; (i) attends any Board meeting while intoxicated by alcohol or incapacitated by drugs or other substances; (j) is absent from meetings of the Board for two (2) consecutive meetings without the consent of the remaining members of the Board and a majority of the remaining members of the Board resolve at the next subsequent meeting of the Board that his office be vacated; (k) ceases to qualify for membership pursuant to Bylaw 7; (l) or company, in the case of a company which is a member of the Board, is in arrears as set forth in subparagraph (c) above, if it becomes bankrupt or makes an assignment for the benefit of creditors, or if proceedings are commenced to wind up the company, otherwise than for the purpose of amalgamation or reconstruction; (m) is refused bonding, at a reasonable premium, by a recognized bonding institution; (n) or his Spouse commences any legal proceedings against the Board or the Corporation; (o) violates any code of conduct or privacy policy as established by the Board; or (p) violates or defaults under any Bylaw and has failed to remedy such violation or default after ten (10) days’ notice to do so from the Board, or such shorter or longer date as may be specified in the said notice. 21. SIGNING AUTHORITIES The Board shall determine, by resolution from time to time, which four (4) directors shall be appointed signing officers of the Corporation and must require two (2) signing officers to sign all cheques, drafts, notes and other instruments and documents, including banking forms and authorities not required to be under corporate seal. 22. CORPORATE SEAL The Corporation shall have a common seal, which shall be adopted by resolution and which shall at no time be used or affixed to any instrument except in the presence of at least two (2) members of the Board or by the persons as may be authorized from time to time by resolution of the Board.
5 (V). 23. ANNUAL GENERAL MEETINGS Not more than fifteen (15) months shall elapse between the date of one (1) annual General Meeting and that of the next. Each such meeting shall be held within the Municipality unless the Owners agree, by Ordinary Resolution, to hold the meeting in another location, or, alternatively, may be convened by the Board by electronic means in accordance with the Act. 24. SPECIAL GENERAL MEETINGS All General Meetings other than annual General Meetings shall be called Special General Meetings. 25. CONVENING SPECIAL GENERAL MEETINGS The Board may, whenever it thinks fit, and shall, upon a requisition in writing: (a) by Owners entitled to vote representing not less than fifteen percent (15%) of the total Unit Factors for all the Units; (b) from mortgagees holding registered mortgages (and who have notified their interests to the Corporation) against Units in respect of which corresponding Unit Factors represent not less than fifteen percent (15%) of the total Unit Factors; or (c) from a combination of such Owners or mortgagees entitled to vote with respect to fifteen percent (15%) of the total Unit Factors; convene a Special General Meeting, which meeting shall be held within thirty (30) days of the Board’s receipt of the said requisition. The agenda for such meeting shall include any legally valid items specified by the requisitioners. 26. NOTICE OF GENERAL MEETINGS Notices of General Meetings shall be as follows: (a) a minimum of fourteen (14) days’ notice of every General Meeting specifying the place, the date and the hour of meeting, and in the case of Special Business the general nature of such business, shall be given to all Owners and mortgagees who have notified their interests to the Corporation; (b) notice shall be given to the Owner and to such mortgagees in the manner prescribed in these By-Laws, but non-receipt by an Owner or mortgagee does not invalidate the meeting or any proceedings thereat; and (c) in computing the number of the days of notice of a General Meeting required under these By-Laws, the day on which the notice is deemed to have been received and the day of the meeting shall be counted. Notice of any meeting may be waived either at, before or after the meeting by persons entitled to vote at the meeting, and such waiver shall be deemed the equivalent of receipt of due and proper notice of the meeting. 27. PROCEEDINGS AT GENERAL MEETINGS Proceedings at General Meetings shall include that: (a) all business that is transacted at any annual or Special General Meeting, with the exception of the election of the Chair, calling of the roll, certification of proxies and proving notice of meeting, consideration of accounts and financial statements, appointment of auditors, and resignation and election of members to the Board, shall be deemed Special Business; (b) the nature of such Special Business and the text of any resolution to be submitted to the meeting must be set forth in the Notice of General Meeting in sufficient detail so as to permit an Owner or mortgagee to form a reasoned judgment on the nature of that business; (c) items of Special Business may or may not require a Special Resolution. Unless otherwise specifically required by the Act or these By-Laws, all business may be conducted or approved by Ordinary Resolution; (d) all General Meetings of the Corporation shall be conducted in accordance with the rules of procedure adopted by the Board, and may be held in person or by electronic means, at the Board’s discretion; (e) a person attending a General Meeting by electronic means who is entitled to vote at the meeting may vote by electronic means that the Corporation has made available for that purpose, and is deemed to be present in person at the General Meeting; (f) if at any time during a General Meeting the quorum requirement is absent, no business of the meeting shall be conducted except for procedural actions which consist of fixing a time to adjourn, adjournment or recess, or the taking of steps to obtain a quorum; and (g) within sixty (60) days after an annual General Meeting, the Corporation shall provide to any Owner or mortgagee who has given notice to the Corporation, the approved or draft minutes of the annual General Meeting. 28. QUORUM FOR GENERAL MEETINGS Except as otherwise provided in these By-Laws, no business shall be transacted at any General Meeting unless a quorum of persons with a right to vote is present at the time when the meeting proceeds to business. Persons representing not less than twenty-five percent (25%) of all Units present in person or by proxy shall constitute a quorum. A Unit may be represented by any one Owner or proxy. 29. ADJOURNMENT FOR LACK OF QUORUM If within ten (10) minutes from the time appointed for a General Meeting a quorum is not present, the meeting shall stand adjourned for five (5) minutes to allow further Owners to attend on the same day, at the same place, and if at the adjourned meeting a quorum is not present within five (5) minutes from the time appointed for the meeting, the persons entitled to vote who are present shall constitute a quorum. If within fifteen (15) minutes from the time appointed for a Special General Meeting a quorum is not present, the meeting shall be at an end and no business shall be transacted. 30. CHAIR FOR GENERAL MEETINGS The President of the Board shall be the Chair of all General Meetings or, in his absence from the meeting or in case he shall vacate the Chair, the Vice-President of the Board shall act as Chair, provided always that if the President and Vice-President be absent or shall vacate the Chair or refuse to act, the meeting shall elect a Chair. 31. ORDER OF BUSINESS FOR GENERAL MEETINGS The Order of Business at General Meetings, and as far as is appropriate at all Special General Meetings, shall be: (a) if the President and Vice-President of the Board shall be absent or elect to vacate the Chair or refuse to act, the election of the Chair of the meeting; (b) call to order by the Chair, certifying proxies and establishing quorum; (c) proof of notice of meeting or waiver of notice; (d) reading and disposal of any unapproved minutes; (e) reports of officers; (f) reports of committees; (g) financial report; (h) appointment of auditors; (i) unfinished business; (j) resignation of Board members whose terms have expired; (k) motion confirming number of Board members; (l) election of Board members; (m) new business; and (n) adjournment.
6 (VI) . Copy correction 32. VOTING BY SHOW OF HANDS (a) At any General Meeting, an Ordinary Resolution shall be voted on by a show of hands, unless a poll is demanded by any person entitled 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 evidence of the fact without proof of the number or proportion of votes recorded in favour or against the resolution. Except for matters requiring a Special Resolution, all matters shall be determined by Ordinary Resolution. (b) 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. (c) If a proxyholder holds more than one proxy, the proxyholder’s show of hands signifies the vote in respect of all Units owned and all proxies held by that individual. (d) 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. 33. POLL VOTES A poll, if demanded, shall be taken in whatever manner the Chair thinks fit, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. In the case of equality in the votes, whether on a show of hands or on a poll, the Chair of the meeting is entitled to a casting vote to break a tie in addition to his original vote. A demand for a poll may be withdrawn. 34. VOTING CALCULATION Voting calculation shall be as follows: (a) On a show of hands, each Unit is entitled to one vote. (b) On a poll, the votes of persons entitled to vote for such Unit shall correspond with the number of Unit Factors for the respective Units owned by or mortgaged to them. (c) Notwithstanding anything to the contrary herein contained, the Chair, if he determines such procedure is prudent, may hold a vote by secret ballot in regard to election to the Board. (d) An Owner has the right to vote with respect to each Unit owned and, where required, the right to vote the Unit Factors for each Unit owned. 35. VOTES PERSONALLY OR BY PROXY Votes at any General Meeting may be given: (a) either personally or by proxy; or (b) by electronic voting, whereupon the Corporation may use electronic voting if the Board, by resolution, details to Owners in any notice of meeting: (i) the means of electronic voting; (ii) the types of votes that may be conducted electronically; (iii) the security requirements for electronic voting, including any encryption and authentication requirements; and (iv) that, if the integrity of an electronic vote is compromised, it is improper conduct for the Board to treat that vote as valid. 36. 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 and will comply with the provisions of the Act. A proxy need not be an Owner. A non-Owner carrying a proxy from an Owner is not eligible for election to the Board as a non-Owner. Any proxy may be revoked by notice in writing filed with the Board before the time of the meeting or by the appointer’s attendance at the meeting. The Chairperson of the meeting shall rule on the validity of any proxy. 37. ELIGIBILITY TO VOTE An Owner is not entitled to exercise the power of voting conferred on the Owner by the Act or the Regulation where any contribution payable in respect of his Unit or any other obligation owing to the Corporation in respect of the Owner’s Unit or Common Property is in arrears for more than thirty (30) days prior to the day that the power of voting may be exercised, but the presence of any such defaulting Owner shall be included in the count for quorum constitution purposes pursuant to Bylaw 28. 38. VOTE BY CO-OWNERS Votes by Co-Owners will be governed by the following terms: (a) Co-Owners may vote by proxy but only if the proxy is jointly appointed by them or by one of the Co-Owners appointed by the other or all others, as the case may be, and in the absence of such proxy, Co-Owners are not entitled to vote separately on a show of hands except when a Special Resolution is required by the Act, but any one Co-Owner may demand a poll; and (b) 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. The joint proxy (if any) on a poll shall have a vote proportionate to the interests in the Unit of the joint Owners as do not vote personally or by individual proxy. 39. RESOLUTION OF THE OWNERS A resolution of the Owners in writing signed by each Owner or his duly appointed proxy shall have the same effect as a resolution passed at a meeting of the Owners duly convened and held. 40. SUCCESSIVE INTERESTS Where Owners are entitled to successive interests in a Unit, the Owner entitled to the first interest (or, if his interest is mortgaged by registered first mortgage notified to the Corporation, the mortgagee under such mortgage) is alone entitled to vote, whether on a show of hands or a poll. 41. 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 those persons shall not vote. 42. VOTING RIGHTS OF MORTGAGEE Notwithstanding the provisions of these By-Laws with respect to appointment of a proxy, where the Owner’s interest is subject to a registered mortgage and where the mortgage or these By-Laws or any statute provides that the power of voting conferred on an Owner may or shall be exercised by the mortgagee, and where the mortgagee has given written notice of its mortgage to the Corporation, no instrument or proxy shall be necessary to give the mortgagee the said power to vote. A mortgagee is not entitled to vote if any contribution payable in respect of the Owner’s Unit or any other obligation owing to the Corporation in respect of the Owner’s Unit or Common Property is in arrears for more than thirty (30) days prior to the date that the power of voting may be exercised.
7 (VII). 43. VIOLATION OF BYLAWS Where there is a violation of these By-Laws: (a) Any infraction or violation of or default under these By-Laws or any rules and regulations established pursuant to these By-Laws on the part of an Owner, his servants, agents, licensees, invitees or tenants that has not been corrected, remedied or cured within ten (10) days of having received written notification from the Corporation to do so (where time to remedy or cure is appropriate) may be corrected, remedied or cured by the Corporation, and any costs or expenses incurred or expended by the Corporation, including legal costs on a solicitor-and-his-own-client full indemnification basis, 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 the assessment of such Owner when such costs or expenses are expended or incurred (but not necessarily paid) by the Corporation and shall become due and payable on the date of payment of such monthly assessment and shall bear interest both before and after judgment at the Interest Rate until paid; (b) The Corporation may recover from an Owner by an action for debt in any court of competent jurisdiction any sum of money which the Corporation is required to expend as a result of any infraction or violation of the By-Laws or any rules or regulations established pursuant to these By-Laws by the Owner, his servants, agents, licensees, invitees or tenants, for which ten (10) days’ prior written notice has been given by the Corporation, and there shall be added to any judgment all costs of such action, including legal costs on a solicitor-and-his-own-client full indemnification basis; (c) If the Board determines that a breach of any By-Law has occurred, it may, by resolution, cause a notice to be delivered to the Owner alleged to be in breach specifying the nature and the particulars of the breach, and specifying a reasonable time in which the breach is to be rectified where a reasonable time to rectify is appropriate. If that is the case, the time specified shall be no earlier than ten (10) days from the date the notice is delivered to the Owner allegedly in breach. Upon resolution, the Board may impose a reasonable non-monetary or monetary sanction, the initial monetary sanction to be up to Five Hundred ($500.00) Dollars with a subsequent monetary sanction of up to One Thousand ($1,000.00) Dollars to a total maximum amount of Five Hundred ($500.00) Dollars for the first week for the first instance of non-compliance, and One Thousand ($1,000.00) Dollars for each subsequent week or each week of any subsequent non-compliance (or such greater or lesser amount as may be permitted by the Act or Regulations thereto), to be leviable upon the expiry of the time specified to rectify the breach if the breach has not been rectified, or immediately, when appropriate. The notice alleging the breach shall also specify the non-monetary or monetary sanction levied, or to be levied, if the breach is not rectified. If a tenant of an Owner is alleged to be in breach, the notice shall also be served on the tenant and it shall specify whether the Owner, the tenant, or both are liable for payment of the monetary sanction. Each day of a continuing breach shall be deemed a contravention of a By-Law; (d) Where a person fails to abide by a non-monetary sanction or to pay to the Corporation a monetary sanction imposed hereunder, the Corporation may proceed under Sections 36 and/or 67 of the Act to enforce the sanction; (e) A sanction may not be imposed that has the effect of prohibiting or restricting the devolution of Units or any transfer, lease, mortgage or other dealing with the Units or of destroying or modifying any easement implied or created by the Act; and (f) Any member of the Board or employee of the Corporation who observes that an Owner or his agents, licensees or invitees are violating the provisions of Bylaw 62.C. may contact the Municipal Parking Authority, requesting that any vehicle parked or left on the Common Property in violation of the said Bylaw may be ticketed or removed therefrom and be impounded in a pound maintained for that purpose. The Owner will be responsible for all costs, including towing charges and recovery of the impounded vehicle. The Corporation will not be responsible for any damage caused to the violator’s vehicle by such towing, or to such vehicle while on the Common Property or at any time while the infraction is being remedied. The violator is also responsible for all costs and any damage caused to the Common Property by such violation. 44. MEDIATION AND ARBITRATION Any dispute respecting any matter arising under these By-Laws may, with the agreement of the parties to the dispute, be dealt with by means of mediation, conciliation or similar techniques to encourage settlement of the dispute, or be arbitrated under the Arbitration Act, R.S.A. 2000, c. A-43.
8 (VIII). 45. DAMAGE OR DESTRUCTION Damage or destruction shall be governed by the Board in the following manner: (a) In the event of damage or destruction as a result of fire or other casualty, the Board shall determine within sixty (60) days of the occurrence whether there has been substantial damage. For the purpose of this paragraph, substantial damage shall mean damage to the extent of twenty-five (25%) percent or more of the replacement value of all Units and Common Property immediately prior to the occurrence. Prior to making any determination under this subparagraph, the Board shall obtain the opinion of an independent insurance appraiser to the effect that substantial damage has or has not occurred. If there has been substantial damage, the Board shall convene a Special General Meeting to advise the Owners that substantial damage has occurred. At least fourteen (14) days’ notice of such meeting must be given to all Owners and mortgagees who have given notice. (b) Unless there has been substantial damage and the Owners resolve by Special Resolution not to proceed with repair or restoration within one hundred twenty (120) days after the damage or destruction, the Board shall arrange for prompt repair and restoration using proceeds of insurance for that purpose. The Board shall cause the proceeds of all insurance policies to be disbursed to the contractors engaged in such repair and restoration in appropriate progress payments. Any costs of such repairs and restoration in excess of the insurance proceeds shall constitute a Common Expense, and the Board may assess all the Owners for such deficiency as part of the Common Expenses. Costs of repair and restoration within the deductible of any insurance coverage shall constitute a Common Expense, unless otherwise charged to an Owner under By-Law 46. (c) Where there has been substantial damage and the Owners resolve by Special Resolution within one hundred twenty (120) days after the damage or destruction not to repair, the Board may, on behalf of the Owners, make application to terminate the condominium status of the Parcel in accordance with the provisions of the Act, and each of the Owners shall be deemed to consent to such application. Upon termination of the condominium status: (i) any liens or charges affecting any of the Units shall be deemed to be transferred in accordance with their existing priorities to the interests of the respective Owners in the Parcel; and (ii) the proceeds of insurance shall be paid to the Insurance Trustee, if any, and the Owners and mortgagees, as their respective interests may appear, in proportion to their respective interests in the Parcel in accordance with the terms of any insurance trust agreement in effect. (d) The Corporation is not responsible for any damage or loss whatsoever caused by or to any personal property or contents of any nature or kind in or upon a Unit or in or upon any part of the Common Property designated for the exclusive use of any Owner. (e) No Owner shall be entitled to claim any compensation from the Corporation for any loss or damage to the property or person of the Owner arising from any defect or want of repair of the Common Property or any part thereof, unless such loss or damage is covered by the insurance held or required to be held by the Corporation pursuant to the Act or these By-Laws, whichever is the greater. (f) Where the Corporation is required to enter a Unit for the purpose of maintaining, repairing or renewing pipes, wires, cables and ducts for the time being existing in the Unit, the Corporation and its servants, employees and agents shall, in carrying out any work or repairs, do so in a proper and workmanlike manner and shall make good any damage to the Unit occasioned by such work and restore the Unit to its former condition, leaving the Unit clean and free from debris. (g) Notwithstanding anything to the contrary herein expressed or implied: (i) Each Owner shall be responsible to pay for damage caused to any Unit, all items in any Unit, or the Common Property by: A) himself; B) members of his family; C) his tenants or members of their families; D) his invitees, contractors or licensees; E) his pets; or F) non-reporting of any damage to or repair or maintenance required that, if not repaired, remedied or rectified, may result in further damage to or further repair or maintenance required to any Unit or Common Property for which the Corporation is responsible; that are not required by these By-Laws to be insured against by the Corporation (or are in fact insured against by the Corporation, whether required or not). (ii) The Corporation shall repair such damage to the Unit (for which the Corporation is responsible to repair) or Common Property in a manner satisfactory to the Board or its representative. The Owner affected agrees to and shall reimburse the Corporation for all monies expended for labour, materials, normal overhead and profit, and all costs incurred in collection in respect of the doing of such repairs. 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 together with interest thereon, as herein provided, for overdue assessments. Such monies shall be a charge upon his Unit to the same extent as it would be if it were a contribution levied against the Unit. Summary: This section explains what happens when the condominium suffers significant damage or destruction. The Board must assess the extent of the damage, arrange repairs using insurance proceeds unless the Owners decide otherwise after substantial damage, and treat uninsured repair costs as Common Expenses unless they are properly charged to an Owner; Owners can also be responsible for damage caused by themselves, their household, tenants, guests, contractors, licensees, pets, or failure to report problems. 46. INSURANCE Category: Rules/Policies Copy correction: 46. INSURANCE The insurance of the Corporation shall be governed by the following terms: (a) The Board, on behalf of the Corporation, shall obtain and maintain, subject always to the Act and, in particular, Section 47 of the Act and Part 6 of the Regulation, to the extent available, the following insurance: (i) fire insurance with extended coverage endorsement for such perils as required by the Act (the perils insured against shall be “all risks” as that term is generally understood in the insurance business, of physical loss or damage) insuring: A) all of the insurable Common Property; B) all insurable property of the Corporation, both real and personal, of any nature whatsoever; and C) all of the Units and components as described in the most recently approved SIUD (BUT EXCLUDING Improvements and Betterments made to the Units and all furnishings, all appliances that are not affixed to the Unit and other personal property of each Owner, whether or not installed in the Unit); for the full replacement cost thereof, without deduction for depreciation; D) the interests of, and naming as, insureds: 1) all Owners from time to time; 2) all mortgagees who have given written notice to the Corporation; 3) the Corporation; and 4) the Board of Directors and any person referred to in By-Law 17 hereof; (hereinafter collectively called the “Insureds”) as their respective interests may appear; (ii) boiler and vessel insurance; (iii) public liability insurance insuring the Insureds against any liability to the public and/or to the Owners and their invitees, licensees or tenants, incidental to the ownership and/or use of the Common Property, and such insurance shall be limited to liability in an amount not less than Two Million ($2,000,000.00) Dollars, inclusive for bodily injury and/or property damage per occurrence; (iv) Directors and Officers liability insurance, including errors and omissions coverage, in such amounts and with such deductible as the Board may determine, insuring the Board and every member thereof from time to time and all employees of the Corporation from and against all loss, costs, and expenses, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a member or officer of the Board; (v) liability insurance for the Corporation arising out of a breach of duty as the occupier of the Common Property; (vi) liability insurance for the Corporation arising out of the ownership, use or operation of any machinery, equipment, and vehicles; and (vii) such other insurance and coverage for such other risks or causes as the Board may determine or as may be determined by Special Resolution; For the purposes of any insurance obtained and maintained by the Corporation pursuant to this By-Law 46 or pursuant to the Act, it is reasonable in the circumstances of this Corporation for that insurance coverage to contain, among other limitations, exceptions, exclusions or restrictions, a deductible in an amount agreed to by the Board and the insurer. EACH OWNER IS RESPONSIBLE TO INSURE ANY IMPROVEMENTS AND BETTERMENTS TO HIS UNIT, ALL FURNISHINGS, ALL APPLIANCES THAT ARE NOT AFFIXED TO THE UNIT, ALL PERSONAL PROPERTY AND ANY RENTAL REVENUE. (b) Each and every said policy of insurance shall name the Insureds and shall, as available and where applicable, provide: (i) that the policy may not be cancelled or substantially modified without at least sixty (60) days’ prior written notice to all Insureds; (ii) that in no event shall insurance coverage be brought into contribution with insurance purchased by any Owner or mortgagee and such Corporation insurance shall be deemed as primary insurance; (iii) standard mortgage endorsements (IBC 3000 or its equivalent) attached to each such policy; (iv) a waiver by the insurer of its rights of subrogation against the Corporation, its Manager, agents, employees and servants, and the Owners and any member of the household of any Owner, except for arson, fraud and vehicle impact; (v) all insurance coverage dealt with in this By-Law may be subject to any reasonable deductible that is imposed or otherwise requested by the insurer; (vi) that the Corporation or the Insurance Trustee (as the case may be) shall have the right, at its sole option, to obtain a cash settlement in the event of substantial damage to the property insured and a waiver of the insurer’s option to repair, rebuild or replace in the event that, after damage, the status of the condominium is terminated; (vii) the policy shall be written on a stated amount basis; and (viii) a cross-liability endorsement wherein the rights of any Insured shall not be prejudiced with respect to another Insured and the insurance indemnifies each Insured as if a separate policy had been issued to each Insured. (c) At least every two (2) years, the Board shall obtain an appraisal or appraisal update from a duly qualified appraiser setting out the full replacement cost of the Common Property, Units, and all of the property of the Corporation. A copy of such appraisal or appraisal update shall be delivered upon request to each mortgagee who has given written notice of its mortgage to the Corporation. The Board shall forthwith obtain insurance coverage under any and all such policies of insurance in accordance with such appraisal or appraisal update to insure the full replacement value as set forth in such appraisal or appraisal update. In addition to such insurance coverage for the replacement value of the Common Property, Units and any other property of the Corporation, the Board shall review and adjust the level of insurance coverage for other risks (INCLUDING liability) to such amounts and levels required. (d) A certificate or memorandum of all insurance policies and endorsements thereto shall be provided by the Board, or by the Manager on its behalf, as soon as practicable to each of the Insureds upon written request therefor. A copy of each such policy shall be forwarded as aforesaid to each mortgagee who has in writing notified the Board of its interest. Further, a renewal certificate or memorandum of new insurance policies shall be furnished to each Insured. The original policies of all insurance coverage shall be retained by the Corporation in its offices, and shall be available for inspection by any and all of the Insureds upon reasonable request. (e) Owners shall carry insurance with respect to deductibles payable to the Corporation in an amount not less than the Corporation’s insurance deductible. (f) Notwithstanding anything aforesaid, all proceeds of insurance on loss or claim shall be paid to the Insurance Trustee (if any) or the Corporation, and exclusive authority to adjust losses and settle proceeds under all insurance policies shall be vested in the Board, its authorized representative, or the Insurance Trustee (if any), and any expenses of the Insurance Trustee shall be treated as Common Expenses of the Corporation. If an insurance claim is not made because it is lower than the deductible of the policy, an Owner shall personally pay for the damage to their Unit. (g) (i) Any insurance carried by the Owners on their own Units shall provide that the liability of the insurers issuing insurance obtained by the Board hereunder shall not be affected or diminished by reason of insurance so carried by any Unit Owner AND PROVIDED FURTHER THAT neither the Corporation nor the Board shall be required or have any duty to insure the rental revenue of Owners, the interests of tenants against liability or other risks, or the interests of tenants or Owners for their belongings, contents or other property. The insuring of any rental revenue, belongings, appliances not affixed to a Unit, contents or other property within a Unit or on any Privacy Area is the sole responsibility of the Owner, tenant or Occupant of the Unit and they shall not require the Corporation or the Board to repair any damage to any belongings, appliances not affixed to a Unit, contents or other property within or to the Unit, however caused. (ii) The insuring of any Improvements and Betterments (not described in the SIUD), rental revenue, belongings, appliances not affixed to a Unit, contents or other property within a Unit or on any Privacy Area is the sole responsibility of the Owner, tenant or Occupant of the Unit and they shall not require the Corporation or the Board to repair any damage to any Improvements and Betterments, belongings, appliances not affixed to a Unit, contents or other property within or to the Unit, however caused. (h) Regardless of whether a claim is made under any insurance policy of the Corporation, if the Board, in its sole discretion and acting reasonably, determines that: (i) an Owner (or members of his family, his tenants or members of their families, his invitees, contractors or licensees) is responsible for the loss or damage that gave rise to the claim or potential claim; or (ii) the loss or damage or the cause of the loss or damage that gave rise to the claim or potential claim originated from the Owner’s Unit; the Corporation may recover the deductible portion of the claim and any other losses or damages incurred by the Corporation (whether a claim is made or not) from that Owner. Such amount shall be recoverable by the Corporation as a contribution due to the Corporation, together with interest thereon as herein provided, for the amount of the deductible and all costs, charges and liabilities associated therewith and with the collection thereof (including legal costs on a solicitor-and-his-own-client full indemnification basis) incurred by the Corporation, and such monies shall be a charge upon his Unit to the same extent as it would be if it were a contribution levied against the Unit.
9 (IX). 47. CONTRIBUTIONS FOR COMMON EXPENSES AND BUDGETS The particulars that govern the contributions for Common Expenses and budgets shall include that: (a) The Common Expenses of the Corporation shall be paid by the Owners in proportion to the Unit Factors for their respective Units or as otherwise set forth herein and, without limiting the generality hereof, shall include the following: (i) all levies or charges on account of any garbage, recycling and/or organic materials removal, electricity, water, sewer, gas and fuel services or cable services (if any) supplied to the Corporation for the Project and for the benefit of all Owners and not charged directly to any one Owner either by meter or otherwise; (ii) management fees and Insurance Trustee fees (if any), wages, salaries, taxes and other expenses payable to or on account of employees or independent contractors of the Corporation; (iii) all charges for cleaning or sweeping of parking areas, lawn maintenance and landscaping and for ice, snow and debris removal from Common Property not designated as a Privacy Area; (iv) all charges on account of lighting fixtures situated on Common Property (excluding light fixtures and their bulbs on the exterior of a Unit); (v) all charges on account of maintenance for any Unit owned by the Corporation, or those portions of a Unit or Common Property for which the Corporation is responsible under these By-Laws; (vi) all costs of furnishings, tools and equipment for use in and about any Project facilities or amenities, including the repair, maintenance or replacement thereof; (vii) all insurance costs in respect of the insurance for which the Corporation is responsible under these By-Laws and/or the Act; (viii) all charges incurred by the Corporation on account of maintenance, improvement, operation, repair, replacement or restoration of any Unit for which it is responsible or the Common Property, either in the absence of insurance coverage or within the deductible of insurance coverage, unless the amount is charged back to an Owner under By-Law 45 or 46; (ix) all costs of and charges for all manner of consultation, professional and servicing assistance required by the Corporation, including, without limiting the generality of the foregoing, all legal, accounting, auditing and engineering, all Capital Replacement Reserve Fund studies, reserve fund reports, reserve fund plans and annual reserve fund reports, including all fees and disbursements related to any such services; (x) all reserves for repairs and replacement of Common Property and portions of Units or buildings, the repair or replacement of which is the responsibility of the Corporation; (xi) all costs of maintenance of the exterior walls, roof and other structural components of the buildings; (xii) the cost of maintaining fidelity bonds or crime coverage insurance as provided in these By-Laws; (xiii) the cost of borrowing money for the purpose of carrying out the duties and objects of the Corporation; (xiv) the allocable or pro rata portion of the cost of any electricity taken from any exterior electrical outlet which is billed directly to an Owner by the provider of such electricity and which is used by the Corporation for purposes of operating or maintaining Common Property; (xv) the cost of any building security; and (xvi) all costs whatsoever of the Corporation incurred in connection with the Common Property or in furtherance of any valid purpose of the Corporation or in the discharge of any obligation of the Corporation. (b) At least thirty (30) days prior to the end of each fiscal year, the Corporation shall deliver or mail to each Owner at the municipal address of his Unit or to such other address as provided to the Manager or the Corporation: (i) a copy of the budget for the ensuing fiscal year; and (ii) a notice of the assessment for the Unit Owner’s contribution towards the Common Expenses of the Corporation for said ensuing fiscal year. Said assessment shall be made to the Unit Owners in proportion to the Unit Factors for their respective Units EXCEPT, in the sole discretion of the Board, acting reasonably: A) any expenses which should be paid on a per Unit basis to be fair and equitable may be so charged; or B) any expenses that relate directly and solely to the maintenance, improvement, operation, repair, replacement or restoration of all or part of the Common Property or of any one or more Units and not all the Units may be charged and shall be paid solely by the recipient Units of such maintenance, improvement, operation, repair, replacement or restoration, as the Board may determine. (c) The Board, acting reasonably, may assess against any Owner or Owners and their respective Units any expense, cost or charge as the Board may, from time to time, and at any time, resolve, provided that such manner of assessment shall be notified to the Owner or Owners being assessed and, without limiting the generality of the foregoing, allocation and assessment of the whole of an expense, cost or charge to a single Owner or Unit or group of Owners or Units to the exclusion of other Owners or Units shall be permitted. (d) The budget shall be determined on a reasonable economic basis, be prepared in accordance with generally accepted accounting principles, and shall set out by categories an estimate of the Common Expenses of the Corporation for the next fiscal year. The budget may include a reasonable provision for contingencies and shall include a reasonable provision for the Capital Replacement Reserve Fund. (e) The Capital Replacement Reserve Fund may be used for the repair or replacement of any real and personal property owned by the Corporation and the Common Property but is not intended to be used to cover annually recurring maintenance and repair costs which are to be set out and provided for in the annual budget. (f) Each Owner’s contribution shall be payable to the Corporation, or to any other person, firm or corporation to whom the Corporation shall direct payment to be made from time to time, in twelve (12) equal consecutive monthly instalments, payable in advance on the first day of each month, the first instalment to be made on the 1st day of the month immediately following receipt of such notice of assessment, or such other time as may be prescribed by the Corporation. If requested by the Corporation, an Owner shall provide pre-authorized debit information and subscribe to an automated debit service or provide twelve (12) post-dated cheques for the payment of such instalments. (g) All payments of whatsoever nature required to be made by each Owner and not paid within ten (10) days from the due date for payment shall bear interest at the Interest Rate from the date when due until paid. All payments on account shall first be applied to interest and then to the assessment payment first due. (h) The Corporation shall, on the application of an Owner, purchaser or mortgagee or solicitor for an Owner, purchaser or mortgagee or any person authorized in writing by any of those persons, certify within ten (10) days: (i) the amount of any contribution determined as the contribution of the Owner; (ii) the manner in which the contribution is payable; (iii) the extent to which the contribution has been paid by the Owner; and (iv) the interest owing, if any, on any unpaid balance of a contribution; and, in favour of any person dealing with that Owner, the certificate is conclusive proof of the matters certified therein. (i) The omission by the Board to fix the contributions hereunder for the next ensuing fiscal year or other period provided for herein shall not be deemed a waiver or modification in any respect of the provisions of these By-Laws or release of the Owner or Owners from their obligation to pay the contributions or special levies, or any instalments thereof for any year or period, but the contributions fixed from time to time shall continue until new contributions are fixed. No Owner can exempt himself from liability for his contributions toward the Common Expenses by waiver of the use or enjoyment of any of the Common Property or by vacating or abandoning his Unit. 48. SPECIAL LEVIES The following provisions apply: (a) The Board may, by resolution, assess and collect a special contribution or contributions (a “special levy”) against each Unit to raise money: (i) for the payment of unexpected and urgent maintenance, repair or replacement of the real and personal property of the Corporation or Common Property; (ii) to cover unexpected shortfalls in the operating account; (iii) to increase the balance of the reserve fund to meet the requirements in a reserve fund plan required under the Regulations; (iv) subject to subparagraph (c) of this By-Law, for the payment of a capital improvement; (v) to satisfy a judgment against the Corporation; or (vi) for any other purpose provided for in the Regulation. (b) A resolution of the Board to approve a special levy must set out the following: (i) the purpose of the special levy; (ii) the total amount to be levied; (iii) either: A) the method of determining each Unit’s proportionate share of the special levy by Unit Factor; or B) the method of determining each Unit’s proportionate share of the special levy on a basis other than by Unit Factor, if the Board has elected to use another method as is provided for in these By-Laws; and (iv) the date by which the special levy is to be paid or, if the special levy is payable in instalments, the dates by which the instalments are to be paid. (c) If the purpose of the special levy is for the making of a capital improvement, a Special Resolution is required before the Board may approve the special levy. (d) As soon as possible after the passing of a resolution referred to in By-Law 48(a) above, the Board must inform each Owner of the following: (i) the purpose of the special levy; (ii) the total amount to be levied; (iii) the method of determining each Unit’s proportionate share of the special levy; (iv) the amount of the Owner’s Unit’s share of the levy; and (v) the date by which the special levy is to be paid or, if the special levy is payable in instalments, the dates by which the instalments are to be paid. (e) If the amount collected exceeds the amount required or for any other reason is not fully used for the purpose set out in the resolution referred to in By-Law 48(a) above, the Corporation must pay the money into the Capital Replacement Reserve Fund. (f) All such special levies shall be payable within 10 days of the due date for payment as specified in the notice and, if not paid, shall bear interest at the Interest Rate from the due date until paid. 49. DEFAULT IN PAYMENT OF CONTRIBUTIONS, ASSESSMENTS, SPECIAL LEVIES, INSTALMENTS AND PAYMENTS Default in payment of contributions, assessments, special levies, instalments, payments, and liens for unpaid contributions, assessments, special levies, instalments and payments shall be governed by the following terms: (a) The Corporation shall and does hereby have a lien on and a charge against the estate or interest of any Owner in a Unit for any unpaid contribution, assessment, special levy, instalment or payment due to the Corporation, which lien shall be a lien against such estate or interest of such Owner. The Corporation shall have the right to file a caveat or encumbrance against the Unit title or interest of such Owner in respect of the lien or charge for the amount of such unpaid contribution, assessment, special levy, instalment or payment as hereinbefore mentioned, and for so long as such unpaid contribution, assessment, special levy, instalment or payment remains unpaid, provided that each such caveat or encumbrance shall not be registered until after the expiration of thirty (30) days following the due date for the first payment in arrears. As further and better security, each Owner responsible for any such unpaid contribution, assessment, special levy, instalment or payment which is in arrears for more than thirty (30) days shall give to the Corporation a mortgage or encumbrance for the full amount thereof and all contributions, assessments, special levies, instalments and/or payments, and interest thereon at the Interest Rate from the due date or dates for payment 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, including the recovery by the Corporation of its legal fees and disbursements on a solicitor-and-his-own-client full indemnification basis from such defaulting Owner; (b) The Owners acknowledge and agree that amounts payable other than in proportion to Unit Factors under Section 39 of the Act include, without limitation, legal fees on a solicitor-and-his-own-client full indemnification basis and administrative expenses and fees (including NSF charges or any returned automatic bank debit) incurred by the Corporation in respect of recovery of unpaid contributions, assessments, special levies, instalments or payments due to the Corporation, and that they shall be deemed to be payable on a basis other than in proportion to the Unit Factors of the Owner’s respective Unit pursuant to Section 39(1)(c)(ii) of the Act. The Owners acknowledge and agree that these expenses are incurred as a result of the failure of an Owner to pay contributions, assessments, special levies, instalments or payments due to the Corporation and, as a result, the Owner of the subject Unit shall be solely responsible to pay these expenses and they shall be charged to the Owner’s Unit and shall be added to and become part of the contribution and assessment of such Owner when such costs or expenses are expended or incurred by the Corporation, and shall bear interest both before and after judgment at the Interest Rate until paid; (c) Any other Owner or person, firm, or corporation whatsoever may pay any unpaid contribution, assessment, special levy, 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, such party, person, firm or corporation shall have a lien and shall be entitled to file a caveat or encumbrance in respect of the amount so paid on behalf of the Owner in default, and shall be entitled to enforce his lien, thereby created, in accordance with the other terms and conditions of this provision; (d) Notwithstanding and in addition to any other term, condition or provision herein contained or implied, each unpaid contribution, assessment, special levy, instalment or payment shall be deemed 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; (e) The Owners specifically acknowledge and agree that insofar as liens, claims or charges for unpaid contributions, assessments, special levies, instalments or payments arise, they shall specifically extend the statutory limitation periods as prescribed by law in the Province of Alberta, including, but not limited to, those prescribed under the Limitations Act, R.S.A. 2000, c. L-12, as amended or replaced from time to time, to a period of 10 years; (f) In the event of any assessment or levy against a Unit or instalment or payment due from an Owner remaining due and unpaid for a period of thirty (30) days, the Board, at its election, may accelerate the remaining monthly contributions, assessments, special levies, instalments and payments for the fiscal year then current upon notice to the Owner in arrears, and thereupon all such unpaid and accelerated monthly contributions, assessments, special levies, instalments and payments shall become payable on and as of the date of the said notice, PROVIDED THAT such acceleration shall not be binding upon any registered mortgagee; and (g) All reasonable costs of the Manager, administration costs and legal costs and disbursements incurred by the Corporation (INCLUDING legal costs on a solicitor-and-his-own-client full indemnification basis) which either the Manager or the Corporation expends as a result of any conduct, act or omission of an Owner, his servants, agents, licensees, invitees or tenants which violates these By-Laws or any rules or regulations established pursuant thereto, or incurred in any way for securing or enforcing its interests hereunder or the taking of any remedies to cure any default hereunder, shall constitute a payment due to the Corporation.
10 (X). 50. ESTOPPEL CERTIFICATE Any certificate as to an Owner’s position with regard to contributions, expense assessments or otherwise, issued by an officer of the Corporation or the Manager shall be deemed to be an Estoppel Certificate, and the Corporation and all of the Owners shall be estopped from denying the accuracy of such certificate against any mortgagee, purchaser or other person dealing with the Owner, but this shall not prevent the enforcement against the Owner incurring the said expense of all obligations of the said Owner, whether improperly stated in such Estoppel Certificate or not. The Corporation authorizes the Manager to issue an Estoppel Certificate certifying payment of all contributions upon receipt by the Manager of payment of such contributions, notwithstanding that such payment is subsequently dishonoured or stopped by a financial institution. 51. LEASING OF UNITS In the leasing of Units, the following provisions shall govern: (a) In the event that any Owner desires to lease or rent his Unit, he shall: (i) give written notice to the Corporation of the Owner’s intent to lease or rent the Unit and the term of the rental or lease, and provide the Corporation with: A) the address at which the Owner may be served with any notice given by the Corporation; and B) the name, telephone contact information, electronic mail address and the vehicle make, model and licence plate number for the tenant or proposed tenant; (ii) provide the tenant with a copy of the By-Laws, and provide the Corporation an undertaking, in form satisfactory to the Corporation as set forth in By-Law 62.H., and signed by the proposed tenant or Occupant, that the proposed tenant or Occupant of the Unit will comply with the provisions of the Act and of the By-Laws of the Corporation. If requested by the Board, the tenant must provide to the Board a certificate of insurance evidencing existence of a tenant’s insurance policy within twenty (20) days of occupancy. The Owner shall not be released of any of his obligations and shall be jointly and severally liable with the proposed tenant or Occupant with respect to such obligations; (b) Within twenty (20) days after ceasing to rent the Owner’s Unit, the Owner shall give written notice to the Corporation that the Owner’s Unit is no longer rented. (c) The Corporation IS HEREBY AUTHORIZED TO: (i) Impose and collect deposits under Section 53 of the Act. If any deposit is used in accordance with the Act or these By-Laws, the Owner shall replace that portion of the deposit used within ten (10) days of being notified, in writing, by the Board of its use; (ii) Give notices to give up possession of Units under Section 54 of the Act; and (iii) Make applications to the Court under Sections 55 and 56 of the Act; (d) No tenant shall be liable for the payment of contributions or assessments or Common Expenses under these By-Laws unless notified by the Corporation that the Owner from whom he rents the Unit is in default of payment of contributions, in which case the tenant shall deduct from the rent payable to the Owner such default contributions and shall pay the same to the Corporation. Any such payment by the tenant shall be deemed to be a rental payment made to the Owner. 52. SEVERABILITY The provisions hereof shall be deemed independent and severable, and the invalidity in whole or in part of any By-Law does not affect the validity of the remaining By-Laws, which shall continue in full force and effect as if such invalid portion had never been included herein. 53. NOTICES The following provisions apply: (a) Unless otherwise expressly provided in these By-Laws, service of any notice required to be given under the Act or under these By-Laws shall be well and sufficiently given if: (i) personally delivered to the recipient; (ii) sent by ordinary or recorded mail to: A) the address shown on the Certificate of Title to the Unit at the Land Titles Office; B) an alternative address for service provided by the Owner to the Corporation; C) the Corporation at its address for service shown on the Condominium Plan; or D) a mortgagee at its address supplied to the Corporation; (iii) delivered by electronic mail to an electronic address provided to the Corporation by an Owner. (b) Service of any notice referred to in these By-Laws is deemed to have been effected: (i) upon the date of delivery if done personally; (ii) on the date on which acknowledgement of receipt of recorded mail is signed; (iii) seven (7) days after the date on which the document is sent by ordinary mail; or (iv) twenty-four (24) hours after the document is sent by electronic means. (c) An Owner or a mortgagee shall advise the Corporation of any change of address at which notices shall be served or given, and thereafter the address specified therein shall be deemed to be the address of such Owner or mortgagee, as the case may be, for the giving of notices. The word “notice” shall include any request, statement or other writing required or permitted to be given hereunder or pursuant to the Act or these By-Laws. No form of notice under these By-Laws shall be deemed invalid solely because it was transmitted by facsimile or e-mail. 54. NOTICE OF DEFAULT TO MORTGAGEES Where a mortgagee has notified the Corporation of its interest, any notice of default sent to an Owner shall also be sent to the mortgagee if such default continues for a period of ninety (90) days. 55. DEBT RETIREMENT ON TERMINATION Subject to the provisions of the Act, upon termination of the condominium status for any purpose, all debts of the Corporation shall first be paid out of the assets, and the balance of the assets, if any, shall be distributed to the Owners in proportion to their Unit Factors or otherwise in accordance with the principles set forth in By-Law 47.(b)(ii) or By-Law 47.(c), subject to the interests of any mortgagees. 56. COMPANY WHICH IS MEMBER OF 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 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 By-Law next following shall be deemed to be a resolution of the Board. 57. ALTERNATE BOARD REPRESENTATIVE A representative of a 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 By-Laws. 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 of the Board. If the representative so directs, notice of meetings of the Board shall be sent to the alternate representative of a member of the Board. If and when the appointing representative vacates the office of a representative of a member of the Board or removes the alternate representative from office as alternate representative, any appointment or removal under this By-Law shall be made in writing under the hand of the representative making the same. 58. EXCLUSIVE USE PRIVACY AREAS AND PARKING AREAS Privacy and parking areas shall be governed by the following terms: (a) The Owner of a Unit shall have the exclusive use of: (i) any balcony or patio area immediately adjacent to his Unit to which he has sole access; (ii) a basement-level storage locker as assigned by the Board; and (iii) one (1) Common Property parking stall for the sole purpose of parking Private Motor Vehicle(s) thereon subject to By-Law 62.C. The Board, in its sole discretion, shall have the right from time to time to change the location of an assigned parking stall provided the Board does not unfairly or unreasonably discriminate against any Owners or Occupants. An Owner shall not attempt to assign, convey, or in any other manner allow a third party to obtain the benefit of such right of exclusive use. An Owner shall ensure that the parked vehicle fits completely within the confines of the painted parking area lines; all of which shall constitute Privacy Areas granted to an Owner pursuant to By-Law 5. An Owner may decorate their balcony or patio with flowers and plants; however, other decoration of balconies and patios may only be carried out after the express written consent of the Board has been obtained therefor, and the maintenance of such approved decoration shall be the sole responsibility of those Owners who have their exclusive use. (b) The Board may, in addition to other restrictions set out in these By-Laws, specify and limit the nature and extent of the use or uses of any such Privacy Area assigned or designated by it hereunder. (c) While any such Privacy Area is not included in the Condominium Plan as part of a Unit, and shall not be deemed to be an area leased pursuant to Section 50 of the Act, any such Privacy Area shall be maintained on a day-to-day basis in a clean and sightly condition at the sole expense of the Owner to whom it has been assigned, PROVIDED THAT the Board shall be responsible for clearing ice, slush, snow and debris from Common Property designated for vehicular or pedestrian traffic and parking and structurally maintaining fences, parking areas, storage lockers, balconies (excluding any balcony or patio enclosure), patios and walkways to a standard considered reasonable by the Board. An Owner shall structurally maintain any approved Owner-initiated improvements to their Privacy Area or Unit. (d) If the Owner shall fail to properly maintain any such Privacy Area assigned to him after ten (10) days’ notice to him to correct any maintenance problem set forth in said notice from the Board, then the Board or its representative may order the maintenance corrected and the Owner affected shall reimburse the Board for all monies expended and all costs incurred in order to rectify said maintenance problem and pay interest thereon at the Interest Rate after demand for payment. Such monies and costs shall be recoverable by the Corporation as a contribution due to the Corporation (including legal costs on a solicitor-and-his-own-client full indemnification basis). (e) The term Privacy Area does not include any fence, rail or similar structure bordering any designated Privacy Area. An Owner shall not paint or seal or apply any covering to any balcony or patio without the written consent of the Board. (f) The Corporation, at its option, may require an Owner to pay electrical charges for and in connection with any plug-in facility, including but not limited to electric vehicles, where such plug-in facility is not metered to the Unit of an Owner who is using such plug-in facility. (g) The Corporation and its servants and agents shall, notwithstanding the grant of any right, licence or privilege of exclusive use of any 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 Privacy Area for the purpose of carrying out any of the duties or functions of the Corporation. 59. PROPERTY TAXES The property taxes and other Municipal and governmental levies or assessments against land, including improvements, comprising all or any part of the Units and the Common Property comprising the Project shall be assessed and imposed in accordance with provisions of the Act. 60. INDEMNIFICATION OF OFFICERS AND MANAGERS The Corporation shall indemnify every member of the Board, Manager, officer or employee and his or her heirs, executors and administrators against all loss, costs and expense, including counsel fees, reasonably incurred by him in 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, Manager 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 illegal act done or attempted in bad faith or dishonesty. All liability, loss, damage, costs and expenses incurred or suffered by the Corporation by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Corporation as Common Expenses. All members of the Board must be insured by crime coverage insurance or bonded to cover malfeasance by the Board by a recognized bonding institution in an amount at least the sum of: (a) the Capital Replacement Reserve Fund balance at the start of the current fiscal year; and (b) the maximum balance of the operating account during the previous twelve (12) month period. The Corporation shall review the amount of its crime coverage insurance or fidelity bond(s) at least once every two (2) years. 61. NON-PROFIT CORPORATION The Corporation is not organized for profit. No Owner, member of the Board or person from whom the Corporation may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operations thereof. The foregoing, however, shall neither prevent nor restrict the following: (a) reasonable compensation may be paid to any member of the Board or Owner while acting as an agent or employee of the Corporation for services rendered in effecting one or more of the purposes of the Corporation; (b) any member of the Board or Owner may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Corporation; and (c) members of the Board may receive an annual honorarium, stipend or salary established pursuant to By-Law 5.(k). 62. USE AND OCCUPANCY RESTRICTIONS (a) In this By-Law: (i) “Occupant” means a person resident in a Unit or in or upon the real or personal property of the Corporation or the Common Property with the permission of an Owner for a period of thirty (30) days or more in any calendar year; and (ii) “Owner” includes a tenant.
11 . A. GENERAL An Owner or Occupant SHALL NOT: (a) use his Unit, or any part thereof, for: (i) any purpose which may be illegal or injurious to the reputation of the Project; (ii) any commercial, professional or other business purposes; (iii) any purpose involving the attendance of the public at such Unit; unless such use constitutes an authorized, permitted or discretionary use or approved “Class B home occupation” as defined in the relevant Municipal by-law, provided such home occupation does not require deliveries, signage, storage of stock-in-trade, or more than three (3) public visits to the Unit per week unless such visits are for an open house, which must be disclosed to the Board. No Owner or Occupant shall use a Unit to provide a day care centre or commercial baby-sitting services without the prior written consent of the Board, which consent may be arbitrarily withheld. No garage sale shall be held without the prior written consent of the Board; (b) use a Unit, or any part thereof, for licencing, hotel or guest house type purposes including, but not limited to, Airbnb, HomeAway, Tripping, FlipKey or VRBO; (c) make or permit noise in or about any Unit or the Common Property, allow any odour to emanate or escape from his Unit, or conduct himself in any manner which, in the opinion of the Board, constitutes a nuisance or unreasonably interferes with the use and enjoyment of a Unit or the Common Property by any other Owner or Occupant. No musical instrument, audio system, power tool or other device shall be used within a Unit which, in the opinion of the Board, causes a disturbance or interferes with the comfort of other Owners. No workmen or contractor shall be permitted to do any work in any Unit that would disturb any other residents without the prior consent of the Board; (d) use or permit the use of his Unit other than as a Single Family Dwelling for a private residential use, except as may be permitted under the relevant Municipal by-law as per subparagraph (a); (e) permit his Unit to be occupied as a place of residence by more than five (5) persons, whether adult or minor, at any given time without the consent in writing of the Board, nor shall the number of persons occupying a Unit exceed the numbers permitted by any Municipal or Provincial law or authority. The Board, on request, must be advised of the names and number of persons permanently residing in a Unit; (f) do any act or permit any act to be done, or alter or permit to be altered his Unit in any manner, which will alter the exterior appearance or the structure comprising his or any other Units, including the painting of any portion of the building, balcony, patio or railings, without the prior written approval of the Board. An Owner shall not install an air-conditioning unit without the prior written consent of the Board. No window-mounted or patio air-conditioners will be approved; (g) permit laundry, including bathing suits and towels, rugs, blankets or sleeping bags to be hung other than inside the Unit. An Occupant shall not leave any personal items such as mats, footwear, decorations or bicycles outside the access door of a Unit without the prior written consent of the Board; (h) erect or place any building, structure, tent, or trailer, either with or without living, sleeping or eating accommodation, on any parking area or on the Common Property or on any Privacy Area assigned to him without the prior written consent of the Board. No surface or overhead covering or balcony enclosure shall be applied to any balcony or patio without the prior written consent of the Board; (i) permit, erect or hang over or cause to be erected or to remain outside any window or door or any other part of a Unit or on the Common Property or on the real property of the Corporation, clothes lines, garbage disposal equipment, recreational or athletic equipment, fences, hedges, barriers, partitions, awnings, shades or screens or any other matter or thing without the prior written consent of the Board. No television or mobile telephone or radio antenna, tower or similar structure or appurtenances thereto or satellite dish shall be erected on or fastened to any Unit or on the Common Property except as authorized by the Board and then only in accordance with the regulations therefor which may be established by the Board; (j) overload existing electrical circuits or store any combustible, inflammable or offensive goods, provisions or materials in his Unit or on the Common Property, including his Privacy Areas, normal cleaning products, related household goods, and an electric barbeque on a balcony or patio excepted; (k) do anything or permit anything to be done in his Unit or upon the Common Property or the real or personal property of the Corporation or fail to do any act or thing which will or would tend to increase the risk of fire, flood, freezing of pipes or mechanical systems or the rate of insurance premiums with respect thereto or which would render invalid any insurance maintained by the Corporation; (l) do anything or permit anything to be done by any Occupant in his Unit or on the Common Property that is contrary to any statute, ordinance, by-law or regulation of any government authority whether Federal, Provincial, Municipal or otherwise; (m) do or permit anything to be done that may cause damage to trees, plants, bushes, flowers or lawns and shall not place chairs, tables, devices or other objects on the lawns and grounds so as to damage them or to prevent growth or to interfere with the cutting of the lawns or the maintenance of the grounds generally; (n) deposit customary household refuse and garbage outside his Unit other than in proper secure bags, which are tightly wrapped and tied and placed in the garbage chute or enclosures provided by the Corporation. Additionally: (i) the garbage chute may only be used between the hours of 8:00 a.m. to 9:00 p.m. daily; (ii) breakable objects, except recyclable glass bottles and jars, may be placed in the chute if placed in a securely tied plastic bag; (iii) any boxes or bulky items that may block the chute must be carried to the garbage enclosure; (iv) all other bulk and hazardous waste items such as discarded household furnishings, electronic equipment, appliances, tires, paint, packing cartons or crates that the Municipal Solid Waste Services Department will not normally collect shall be removed from the Project by the Owner at his sole cost and expense; (v) no Owner shall leave garbage outside a Unit or on a Privacy Area; (vi) all recyclable and/or organic material items for which bins are provided in the garbage room shall be carried in non-drip containers and placed in such bins to be disposed of as directed by the Board and/or the Municipality; (vii) cat litter may only be placed in the garbage chute if it is double-bagged. Otherwise, the Owner shall carry it directly to the garbage enclosure; and (viii) burning or smouldering material or flammable liquids or aerosol cans may not be placed in the chute; (o) erect, place, allow, keep or display signs, billboards, advertising matter, realtor lock boxes, real estate “For Sale” signs, or other notices or displays of any kind on the Common Property, including doors and any Privacy Area assigned to him, or in or about any Unit in any manner which may make the same visible from the outside of the Unit without the prior written consent of the Board, PROVIDED HOWEVER, that professionally manufactured “For Sale” or “For Lease” sign no larger than 24” x 32” and advertising permits under the Elections Act (Canada) may be placed in a window or on the balcony of a Unit; (p) erect, place, allow or install door knockers or other door decoration to the exterior surface of any Unit access door without the prior written consent of the Board; (q) permit any member of his household, guests or visitors to trespass on the part of the Parcel to which another Owner is entitled to exclusive occupation; (r) shake blankets, rugs, mops or dusters of any kind nor throw anything out any windows in his Unit or on the Common Property, nor permit anything of this kind to be done; (s) allow his Unit or Privacy Area to become unsanitary or unsightly in appearance. The Board shall be at liberty to remove any rubbish or clean up the Common Property in close proximity to an Owner’s premises to its satisfaction and charge the expense to the Owner; (t) use a toilet, sink, tub, drain or other plumbing fixture for a purpose other than that for which it is constructed or deposit therein any hazardous wastes; (u) install a jetted tub in a Unit without the prior written consent of the Board; (v) dispose of fats, oils, grease, animal litter, paint, towels, rags, personal hygiene products and wipes down sink drains, toilets, floor drains or into any part of the sewer system; (w) leave water running unless it is in actual use in any Unit; (x) be responsible for clearing ice and snow other than from his own balcony or patio. An Owner shall not shovel or brush snow, run water, throw anything or allow anything to fall onto the Privacy Area of another Owner; (y) use his balcony, patio or other areas outside of his Unit for the storage of personal belongings or other goods and chattels or allow or cause any household or personal effects or articles belonging to him to be kept anywhere except inside his respective Unit when not in actual use. Additionally: (i) each Owner will comply with all requests of the Board or its representatives regarding storage of such items; (ii) lawn furniture, reasonably sized and professionally manufactured storage boxes, and flower pots on a balcony or patio are permitted, provided that the balcony or patio membrane or surface will in no way be compromised or damaged; (iii) electric barbeques are permitted but shall only be used at least 18 inches from the side of the building, and provided that the siding will in no way be compromised or damaged. Propane gas, natural gas, wood, charcoal or any other flammable source barbeques are not permitted on balconies or on any Common Property or in any Unit; however, any propane barbeque being used on a balcony or patio at the date of registration of these By-Laws may continue to be used but may not be replaced when it is no longer functional; (iv) bicycles may be stored in a parking stall or may be taken through the Common Property directly to the Owner’s Unit. Bicycles may not be stored on balconies or patios; (v) no sofas, packing boxes, freezers, appliances, paints, electronic equipment or tires shall be stored on any balcony or patio or Privacy Area; and (vi) no unsecured objects or unsecured flower pots shall be placed on any Privacy Area railing; (z) install or put in place, leave in place, or allow to be installed or put in place or left in place: (i) any Christmas decorations that will be visible from the exterior of the Unit with the exception of the time period between November 1st of each year to February 28th of the following year; or (ii) any other seasonal decorations that will be visible from the exterior of the Unit with the exception of the time period two (2) weeks before to two (2) weeks after the occasion and shall be removed upon the request of the Board. Any decorations shall be secured in such fashion that Common Property shall not be damaged or punctured; (aa) use or allow to be used in the building or in any Unit any fresh-cut Christmas tree; (bb) feed or harbour pigeons, gulls, other birds, squirrels, rabbits or any wildlife from the balcony, patio or windows of his Unit or on the Common Property. No bird feeders or squirrel feeders are allowed anywhere on the Common Property or a Privacy Area; (cc) render a Unit unfit for human habitation. An Owner shall control all pests inside a Unit, regardless of the origin of such pests, and shall be responsible for the costs associated with such pest control; (dd) move furnishings except during times established by the Board in its sole discretion so as to cause the least disturbance to other Owners; (ee) paint, decorate or otherwise alter any portion of the building or a Unit required to be maintained by the Corporation without the prior written consent of the Board; (ff) install any flags, wind chimes, awnings or wind socks without the prior written consent of the Board; (gg) cook on a balcony or patio other than using an electric barbeque which is to be covered at all times when not in use, with a suitable barbeque cover that is in good condition. Barbeques must be kept at least two (2) feet from the building when in use. No propane shall be stored in a Unit, parking area or anywhere on the Project. No propane gas barbeques, natural gas barbeques, charcoal briquette barbeques, wood burning devices or open fires are allowed anywhere on the Project except as may be designated by the Board from time to time; (hh) bring or store any commercial shopping carts on the Common Property or into any Unit in the Project other than to unload parcels and return the same to the authorized location; (ii) allow the smoke detector in the Unit to fall into disrepair or non-use. The expense of maintaining the smoke detector shall be borne by the Owner; (jj) use a mailbox other than a receptacle for mail delivery and no articles shall be hung from or placed on a mailbox; (kk) except in the entrance way, kitchen and bathrooms of his Unit, fail to keep all floors in his Unit covered with wall-to-wall carpet and underlay without the prior written consent of the Board. The Board may consider, amongst other things, elements of sound control and attenuation with respect to any proposed floor covering variations, and which sound attenuation level shall be the highest available. The Board may allow for hardwood or laminate or other such material throughout a Unit with soundproofing and approved underlay, all approved in accordance with By-Law 62.D; (ll) without the written consent of the Board, have any right of access to those portions of the Common Property used from time to time for mechanical systems, utilities areas, building maintenance, operating machinery or any other parts of the Common Property used for the care, maintenance or operation of the Project generally; (mm) use or permit to be used any draperies or window coverings that are visible from the exterior of the building unless such draperies are fitted, are white, ivory or neutral or so lined as viewed from the exterior and in good repair, and shall not use foil, flags, bedsheets, towels, newsprint, garbage bags or other objectionable material on any window. An Owner shall not install window tinting or security film to a window visible from the exterior without the prior written consent of the Board; (nn) use or permit any member of his household, guests or visitors to use the Common Property except in strict accordance with any rules and regulations therefor which may be established by the Board from time to time and upon publication of a rule or regulation so made by the Board, the same shall be binding upon each Occupant of a Unit, his visitors and guests and any violation of such rules and regulations may result in the loss of use of the applicable Common Property for a period as decided by the Board; (oo) leave a Unit vacant or unattended to in excess of seventy-two (72) hours without inspection by the Owner or his/her agent and during such absence, take all reasonable precautions to protect against insurable loss; (pp) prevent or prohibit access to and use by the Board of exterior electrical outlets or exterior water taps on the Owner’s Unit for purposes of maintaining Common Property; (qq) allow any windows or doors in the Unit to be opened in cold weather such that the pipes and mechanical systems in the Unit freeze or are susceptible to freezing, and in no event shall they be opened when the outside temperature is, or is expected to be below 5°C or 41°F; (rr) allow the Unit heating system to be rendered inoperable or shut off during the heating season of October 1st to April 30th of the following year; (ss) permit, allow or cause any builders’ lien to be registered against the condominium additional plan sheet certificate and if any such lien is registered, the Corporation may, in its sole discretion, pay out such lien in such manner as it sees fit, and charge all costs associated therewith, including solicitor-and-his-own-client costs on a full indemnification basis, back to the Owner; or (tt) grow marijuana in a Unit or anywhere on the Common Property. B. PETS In the case of matters relating to pets, an Owner or Occupant shall not: (a) keep or allow any animal or pet of any kind at any time to be in his Unit, on the Common Property or on any Corporation property; however, a certified service animal is allowed in a Unit; (b) notwithstanding By-Law 62.B.(a) above, all pets approved by the Board prior to October 1, 2015 shall be “grandfathered” and the Owner may keep that pet in the Unit for as long as that pet is alive. Additionally, while any grandfathered pet resides in a Unit: (i) no livestock, snakes, reptiles, rodents, lizards, arachnids, insects or fowl shall be in a Unit or on the Common Property at any time; (ii) all dogs and cats must be hand-leashed outside the buildings or on the Common Property outside of Privacy Areas, and kept under control and in the custody of a responsible person at all times who shall not allow the animal to urinate or defecate on any Unit or Common Property, indoors or outside, of the Project and shall, if it occurs, clean up any urination, if indoors, or feces immediately; (iii) no pet shall be tied or left unattended or tied on a Privacy Area; (iv) any Municipal by-laws in effect, including noise or excessive barking with respect to pets at any point in time, shall have effect within the Common Property and Municipal enforcement officers are hereby authorized and are permitted to enforce Municipal by-laws on the Common Property; (v) an Owner agrees to pay to the Corporation the cost of any repairs or damage, including the cost of replacement of urination patches, to the Common Property necessitated by and caused by any pet; (vi) no visiting pets are allowed on the Project or to a Unit at any time; and (vii) the Occupant of a Unit containing a pet shall enter into any agreement or agreements requested by the Board and provide any security required by the Board to ensure the pet is kept in accordance with these By-Laws and to remedy any damage caused by such pet. C. PARKING AND MOTOR VEHICLES In regard to parking or operating a Private Motor Vehicle on the Project, an Owner or Occupant shall not: (a) use the common driveway or roadway or any part of the Common Property other than for ingress to and egress from a parking area. Parking shall always be within the confines of the assigned area and the parking lines painted thereon; (b) wash Private Motor Vehicles anywhere on the Project other than in the designated car wash stall in accordance with the rules established by the Board; (c) carry out any major repairs or adjustments to Private Motor Vehicles on the Project; (d) allow trailers, campers, boats, snowmobiles, trail bikes, all-terrain vehicles, or any type of motorhome or recreational vehicle or equipment to be parked or stored in a parking area or on the Common Property without the prior written consent of the Board. A motorcycle and/or bicycle may be parked in the same parking area as a Private Motor Vehicle provided such Private Motor Vehicle and bicycle and/or motorcycle all fit entirely within the parking area and do not protrude into the Common Property driveway or block access to an adjacent stall; (e) drive any Private Motor Vehicle on the Common Property in excess of fifteen (15) kilometres per hour and other than in accordance with all rules and regulations established from time to time by the Board; (f) keep anywhere on the Common Property any vehicle which is not currently licensed or not in operating condition without the prior written consent of the Board; (g) bring onto the Project any vehicle other than a Private Motor Vehicle or any vehicle which is, in the sole opinion of the Board, objectionably noisy due to faulty muffler or other mechanical malfunction, or which is a source of other annoying noises or odours; (h) park any Private Motor Vehicle anywhere on the Project which leaks oil, grease, fuel or antifreeze, or which is offensive or hazardous in any other way. If such leak occurs, an Owner shall clean up the leakage as soon as reasonably possible. If not done expeditiously by an Owner, the Board may do so and charge all costs to the Owner; (i) allow a visitor to his Unit to park his Private Motor Vehicle anywhere on the Project except in the Owner’s assigned stall or a stall designated by the Board for visitor parking. Any visitor using visitor parking longer than forty-eight (48) hours requires the approval of the Board; (j) park or store any Private Motor Vehicle or allow any member of his household to park or store any Private Motor Vehicle on those areas of the Project designated for visitor or handicapped parking without the prior consent of the Board; (k) during such time as an Owner or any member of his household is permitted by the Board to use a handicapped parking stall, the non-handicapped parking stall designated for the Unit of the Owner shall not be used by the Owner of that Unit and may be re-assigned by the Board; (l) allow any Private Motor Vehicle to idle or run longer than the minimum time required. Motors must be turned off when the vehicle is parked; (m) allow any propane or natural gas powered Private Motor Vehicle to be brought into, kept or stored inside the parkade; or (n) obstruct or permit any walkway, passage or driveways or parking areas to be obstructed by his family, guests or visitors or their vehicles. D. RENOVATIONS In the matter of renovations, an Owner or Occupant shall not make or cause to be made: (a) any structural change or attachment to his Unit or to common mechanical, common plumbing, common drainage, common gas system or common electrical system changes, alterations or additions to his Unit; (b) any structural alterations to the outer boundary of any Unit including load-bearing walls; or (c) any changes or alterations to any ceiling or floor; without first having the tradespeople, design and specifications of such alteration or addition approved in writing by the Board. If requested by the Board, the Owner requesting such approval agrees to: (i) pay the costs for all parts, materials and labour associated with replacement, enhancements or upgrades inside the Unit; (ii) pay to the Corporation, upon the request of the Board, a non-refundable administration charge and/or a refundable damage deposit, in an amount or amounts to be established by the Board from time to time, which damage deposit, if any, shall be held by the Corporation during the time in which renovations are being carried out to the Unit; (iii) submit detailed drawings and/or a detailed description of the proposed alteration, addition or renovation upon request of the Board; (iv) pay the cost of any engineer, architect or other expert reasonably engaged by the Board to review the design and specifications or otherwise advise the Board, including advice that the Common Property will not be adversely affected; (v) obtain, at his own expense, and provide the Board with all required permits, including, but not limited to, building and development permits, and inspection reports within ten (10) days of receipt of the same. If any services which are shared by any other Unit or the Common Property are affected, then certificates shall be provided by experts as are required confirming how such service will be affected by the proposed change; (vi) disclose all contractors and sub-contractors and provide evidence of appropriate insurance coverage and licensing, such as commercial general liability insurance, construction insurance, if applicable, and WCB coverage; (vii) ensure any workers, tradespersons, contractors and subcontractors retained to do the work meet such reasonable standards of certification, qualification, expertise and proficiency as required by industry standards or as established by the Board; (viii) pay any costs incurred by the Corporation for restoration or removal by the Board, or its duly authorized representative(s), of any alteration or addition made by an Owner without such approval. Such costs shall bear interest at the Interest Rate from the time such costs are incurred until paid and may be recovered by the Corporation as a contribution due to the Corporation, including legal costs on a solicitor-and-his-own-client full indemnification basis; (ix) ensure that all renovation work or delivery of materials is done between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday with no work being done on weekends or statutory holidays without the prior consent of the Board, and shall comply with all Municipal noise by-laws; (x) ensure removal of debris from the Unit and keep the Common Property in a clean and neat condition both during and after the renovation work is done. No renovation debris is to be disposed of in any garbage containers of the Corporation. Notwithstanding that the Owner may have an agreement with any party doing the renovations to remove such debris, the ultimate responsibility relating to the removal of the debris and the maintenance of the Common Property remains with the Owner; and (xi) ensure the Board’s satisfaction that the cosmetic and/or resulting sound effects of any changes are in keeping with the appearance of the other Units and of the Project as a whole, and that any such changes do not in any way affect the quiet enjoyment of any other Owners in respect of the use by other Owners of their own Units. E. STORAGE LOCKER PROVISIONS (a) The following rules and regulations govern the use of all Privacy Area basement-level storage lockers: (i) an Owner shall not permit any person to use a storage locker unless such person is the lawful Occupant of a Unit; (ii) each Owner shall use his storage locker only for the storage of non-perishable property owned by him; (iii) no portion of such storage locker shall be used for human or animal occupancy; (iv) no goods, materials, chattels or other property shall be stored in any such storage locker which would violate any law or ordinance now or hereafter in force or which would violate the provisions of any insurance policy or result in any increase in the insurance costs of the Corporation; (v) no foodstuffs or dangerous, noxious, filthy, offensive, explosive or flammable materials are permitted in such storage locker; (vi) each Owner agrees that the Corporation shall have the right to enter into any storage locker at all reasonable times for the purposes of inspecting and ensuring compliance with these rules and regulations; (vii) an Owner may only store goods, materials, chattels or other property in his assigned storage locker that are actually owned by him. No items are to be stored above or beside the storage locker; (viii) each Owner agrees to keep his assigned storage locker securely locked at all times; (ix) the Corporation is under no obligation as to the condition, temperature to be maintained or fitness of the storage locker for the particular or general purposes of the Owner; (x) all goods and materials stored in the assigned storage locker are at the Owner’s sole risk. Each Owner acknowledges that he is responsible to protect the goods stored by him in his storage locker against any loss suffered by the Owner, whether from theft, vermin, rodents, fire, water damage, frost, steam, breakage, rain, flood, leakage, structural defect or any cause whatsoever. Each Owner agrees to hold the Corporation, its agents and employees harmless from any and all claims of liability, loss or damage to property and of injury to or death of persons caused by any acts whatsoever or negligence of the Owner, his guests, licensees or invitees in or upon his storage area; (xi) if an Owner defaults under any provision of these rules and regulations and such default is not cured to the reasonable satisfaction of the Corporation within ten (10) days after notice of such default has been given to such Owner, the Corporation may terminate such Owner’s right to use his assigned storage locker and may, at its sole option: A) require that the goods and materials of the Owner be removed from the storage locker forthwith; and B) if the Owner fails to remove his goods and materials, the Corporation may consider such goods and materials abandoned and enter the storage locker and remove them to a location of its choice. The Corporation may dispose of such goods and materials, and after such disposal, the Corporation is relieved of all further obligations or liability to the Owner. It is presumed that any property left or abandoned by the Owner does not exceed One Hundred ($100.00) Dollars in value. F. MOVING AND DELIVERIES When an Owner or Occupant uses any part of the Common Property for greater than thirty (30) minutes for deliveries or moving in or moving out of a Unit, the provisions listed in Appendix 1 shall apply: (a) any violation of the procedures listed in Appendix 1 will be subject to a monetary sanction pursuant to By-Law 43; (b) Appendix 1 may be changed and shall be set by the Board from time to time, by resolution of the Board; (c) all fees and monetary sanctions may be changed and shall be set by the Board from time to time; and (d) the Board may require any deliveries to be made in a specific manner as to not cause damage to the Common Property and/or may charge Owners for repairs of damage to Common Property caused by such delivery, all at the sole discretion of the Board. G. BOARD POLICIES (a) The Board may make policy statements and rules as it deems appropriate to clarify the general restrictions set forth in subsections A., B., C., D. and E. hereof, and those policy statements and rules shall have the same force and effect as any By-Law once the Board has given proper written notice to all Owners and Occupants in accordance with the Act. (b) For greater certainty, a rule established by the Board may be amended or repealed by an Ordinary Resolution. (c) If there is a conflict or inconsistency between an Ordinary Resolution or Special Resolution and a rule established by the Board, the resolution prevails to the extent of the conflict or inconsistency. H. COMPLIANCE An Owner shall ensure that his Occupants comply with those requirements that the Owner must comply with under these By-Laws and, upon request of the Corporation, obtain from the tenants or have the Manager who leases the Units on behalf of the Owners obtain from the tenants an undertaking, in writing, to the following effect: “I, ________________________________________, covenant and agree that I, all Occupants of my Unit and my guests from time to time will, in using the Unit rented by me, any Privacy Areas relating to the Unit and all the Common Property, comply with the Condominium Property Act, R.S.A. 2000, c. C-22, the By-Laws and all rules and regulations of the Corporation during the term of my tenancy.” I. DECLARATION OF PURPOSE The restrictions in use of Units have the following purposes: (i) to provide for the health and safety of condominium Occupants; (ii) to maintain the Common Property and Units in such a manner as to preserve property values; (iii) to provide for the peace, comfort and convenience of the Owners and Occupants; and (iv) to develop a sense of community. J. SMOKING An Owner or Occupant SHALL NOT: (a) smoke, vape, or allow smoking or vaping of any product or substance anywhere on the Common Property, excluding balconies or patios, except in outdoor area(s) set aside for smoking and approved by the Board. An Owner or Occupant shall: (i) not vape or smoke anywhere on the Parcel save and except for inside of their Unit or on their balcony or patio or in outdoor area(s) set aside for smoking and approved by the Board; (ii) attempt to restrict smoke, vapor and other noxious substances from entering adjoining premises or Common Property; (iii) dispose of smoking material into a fire-retardant receptacle placed on such balcony or patio; (iv) ensure such receptacle is filled with either sand or water; (v) not throw cigarette butts, matches or other smoking or combustible materials out of windows or over balconies or patios or anywhere on the Common Property; and (vi) if the odours are as a result of the activity above and are deemed by the Board to be excessive, the Board may direct mitigation of the odour at the sole expense of the Owner. 63. AMENDMENT OF BY-LAWS These By-Laws, or any of them, may be added to, amended or repealed by Special Resolution of the Corporation and not otherwise. The Corporation shall cause to be prepared and distributed to each Owner and mortgagee who has notified its interest to the Corporation, a notice or memorandum of any proposed amendments, additions or repeal at least fourteen (14) days prior to the date of any such Special Resolution. 64. CHANGE OF LEGISLATION Should the Act be amended and changed in the future, then these By-Laws shall be deemed to have been amended accordingly to adopt any and all such changes to the Act which are required to be adopted to enable the Corporation to operate at all times with the full powers of the Act and to use all remedies available to it under the Act. 65. AGE RESTRICTIONS (a) A Unit shall be occupied only by a person who has attained their fifty-fifth (55th) birthday unless: (i) that person lives with their Spouse who attained their fifty-fifth (55th) birthday; (ii) that person has been predeceased by an Owner or Occupant Spouse who had attained their fifty-fifth (55th) birthday; or (iii) the Board may permit a person to occupy a Unit for a specified period of not exceeding six (6) months, upon compassionate grounds, and thereafter for such further periods of time as may be approved, each not to exceed six (6) months. The permission granted by the Board may be revoked by an Ordinary Resolution at a General Meeting of the Corporation; (b) “Occupation” means a regular and ordinary presence in the Unit whether or not the person is frequently absent by reason of employment or ill health. A person shall be deemed to be an Occupant if their occupation of the Unit exceeds sixty (60) days or more in a calendar year. (c) Provided that any person under the age of fifty-five (55) years residing in a Unit at the date of registration of these By-Laws may continue to do so until they vacate the Unit.