These are the reproduced Bylaws of the Country Lane condominium corporation (See Disclaimer).
1. In these by ~ laws unless the context or subject matters requires a different
meaning:
a.
'Act' means the CONDOMINIUM PROPERTY ACT, Revised Statues of
Alberta, 1980. Chapter C~22 as amended from time to time or any
statute or statutes passed In substitution therefor,
b.
'Architectural Standards' means those specifications for design and
appearance as prescribed in the Restrictive Covenant attached hereto
as Schedule 'A',
c.
'Board' means the Board of Managers of the Corporation;
d.
'Building' means any residential dwelling constructed on a unit and
forming an integral part thereof;
e.
'by-laws' means the by-1aws of the Corporation, as amended from time
to time,
f.
'common expenses' means the expense of performance of the objects
and duties of Me Corporation and any expenses specified as common
expenses in these by-laws;
g.
'common property' means those portions of the Condominium Plan
which are designated 'common property', so much of the parcel as is
not comprised in or does not form part of any unit shown on the
condominium plan. such additional portions of the Parcel not
designated as a unit as shall from time to time be designated common
property by the Developer and any unit acquired for common use of the
owners and occupants or Me Project as herein provided tor.
h.
'condominium plan' means the bare land plan registered at the Land
tides Office under the Act as No. 9813673;
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. 98136732
j.
'Developer' means CORONADO
DEVELOPMENTS INC. or any successor or assign thereof
k.
'Insurance Trustee' means an entity authorized to carry on the business
of a trust company under the laws of Alberta selected from time to time
on ordinary 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 Insurance Trustee shall be the Board:
I.
'Interest Rate' means that rate of interest per annum which may be or
shall become payable hereunder by an owner in respect of monies
owing by him to the Corporation and shall be equal to the commercial
prime rate in Lethbridge of the Canadian chartered bank or Alberta
Treasury Branch with which the Corporation conducts its banking
business at that time plus Four (4%) Percent on the earliest date on
which any portion of the said monies becomes due and payable by an
owner
m.
'Manager' means any property manager contractually appointed by the
Board;
n.
'Managed Property' means the common property and all those pans
of the units including the portions of the Buildings thereon which,
pursuant to these By-Laws, the Corporation is required to administer,
control, manage, maintain and repair as if the same were common
property,
O.
'occupant' or 'tenant' means Me rightful and lawful occupant or
lessee of a Building or unit, whether or not the occupant is an owner,
and includes all family members, invitees, licensees, servants and
guests of such occupant or tenant;
p.
i.'ordinary resolution' means a resolution:
passed at a properly convened meeting of the Corporation by a
majority of not less than 51% of all the persons present at such
meeting and entitled to exercise the power of voting conferred
under the Act or these by-laws, or
ii. in writing signed by not less than 51% of all of the persons who,
at a properly convened meeting of the Corporation, would be
entitled to exercise the power of voting conferred by the Act or
these bylaws and representing not less than 5001 unit factors
for all of the units,
q.
'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 By-Law
62, that term includes a tenant,
r.
'Parcel' means the land comprised in the condominium plan,
s.
'project' means all of the real and personal property and fixtures
comprising the parcel, land and buildings which constitute the units and
common property,
t.
'Restrictive Covenant' means that Restrictive Covenant and Easement
annexed hereto as Schedule 'A' to be registered against title to all of
the units;
u.
'special resolution' means:
.
I.
a resolution passed at a properly convened meeting of the
Corporation, of which at least seven (7) days' notice specifying
the proposed resolution has been given, by a majority of not less
than 75% of all the persons entitled to exercise the power of
voting conferred under the Act or these by-laws and representing
not less than 7501 of the unit factors for all the units, or
..
II.
a written resolution signed 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 power of voting
conferred by the Act or these by-faws and representing not less
than 7501 of the unit factors for all the units;
v.
'spouse' includes a person who holds that position usually enjoyed by
a spouse whether or not he or she is legally married,
w.
'unanimous resolution' means a resolution;
I.
passed unanimously at a properly convened meeting of the
Corporation by al! the persons entitled to exercise the power of
voting conferred by the Act or these by-laws representing the
total unit factors for all units, or
ii.
signed by all persons who, at a properly convened meeting of
the Corporation, would be entitled to exercise the powers bf
voting conferred by the Act or these by-laws;
x.
'unit' means land that is situated within the Parcel and is described as
a unit in the condominium plan by reference to boundaries governed by
monuments placed pursuant to the provisions of the Surveys API
respecting subdivision surveys;
y.
unit factor' means the unit factor for each unit as more particularly
specified or apportioned and described and set forth on the
condominium plan.
1.2
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 bylaws and not denned in the Act or in these by-laws have the same
meaning as may be assigned to them in the LAND TITLES ACT of Alberta or
the LAW OF PROPERTY ACT of Alberta, as amended from time to time or in
any statute or statues passed in substitution therefor.
1.3
Words importing the singular number also include the plural, and vice versa
and words importing the masculine gender include the feminine gender or
neuter, and vice versa, and words importing persons include firms and
corporations and vice versa, where the context so requires
2. 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 QWNEQS 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. Severability The provisions of these by-laws shall be deemed independent and severable and the invalidity in whole or in part of any article, section, pan, or provision herein, shall not affect the validity of the whole or remaining articles, parts sections or provisions herein contained, which shall continue in full force and effect as it the invalid portion had never been included herein e. 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;
3. An owner SHALL: a. 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 when no notice is required), to come onto his unit and to enter any Building thereon for the purpose of inspecting the unit and maintaining, repairing, renewing, operating or to ensure the operation of, either or both, the common property or Managed Property, including all party walls and pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities, or for the purpose of maintaining, repairing or renewing common property and Managed Property, or for the purpose of ensuring that the by-laws are being observed, or for the purpose of doing any work for the benefit of the Corporation generally or for the purpose of gaining access to meres monitoring the use of any utility. in the event the corporation must gain access to a Building for the aforesaid purposes by using a locksmith, the cost of such locksmith shall be home by the unit owner; b. forthwith carry out all work that may be ordered by any municipality or public authority in respect of his unit and pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his unit; c. duly and properly repair and maintain and when required, replace: the Interior of the Building on his unit and all improvements and additions thereto; and all windows (which includes all glass, sashes and sliding glass doors but excludes structural frames) and wash all of the windows that are accessible to the occupant; and all wood, patio, metal and screen doors and all structural components and hardware relating to all doors; and his mailbox and his door bell buttons; and all light fixtures and their bulbs attached to the exterior of the Building; any interior wall or ceiling mounted air conditioning equipment that provides cooled air to his residential unit, garage doors and openers; and all pipes, wires, cables, ducts. conduits, plumbing, sewers and lines for utilities within the Building; BUT EXCLUDING the painting of the exterior surface or finishing of the outside any access doors and all other outer boundaries, walls and other outside surfaces and roofs and eaves troughs and all other outside hardware and accoutrements (except as noted herein) affecting the appearance, useability, value or safety of the unit, and keep his unit in a state of good repair, except such maintenance, repairs and damages a are insured against by the Corporation or for which the Corporation is responsible pursuant to these by-laws; d. maintain and keep in a neat, clean and tidy state and appearance consistently with and in total integrity with the balance of the project, his unit and all Buildings, improvements and additions thereon and if an owner shall not maintain his unit to a standard similar to that of the remaining Project, the Corporation may given ten (10) days' notice to me 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 make any repairs, additions or alterations to the common property, the Managed Property, the exterior of the Building (including interior and exterior load bearing and partition walls) or to the plumbing, mechanical or electrical systems within the Building or his unit or the improvements thereon without first obtaining the written consent of the corporation, f. use and enjoy his unit and the common property in accordance with these by-laws and al! 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 nuisance or hazard to any occupier of another unit (whether an owner or not) or the family of such an occupier; h. not do any act or permit any act to be done or alter or permit to be altered, his unit (or any Buildings thereon) in any manner whatsoever, or which will alter either of the appearance or grade of his unit or of any other units or the appearance of any Building thereon; i. not do or permit anything to be done ti at may cause damage to or will alter the appearance of any of the Managed Property or the common property (including any area to which the owner has been granted exclusive use) without first obtaining the written consent of the Corporation; j. notify the Corporation forthwith upon any change of ownership or of any mortgage, lease or other dealing in connection with his unit, k. comply strictly with these by~laws and with such rules and regulations as may be adopted pursuant thereto from time to time and cause all adult occupiers of and visitors to his unit to similarly comply; l. pay to the Corporation (or if requested to the Manager) when due all contributions levied or assessed against his unit together with interest on any arrears thereof at the Interest Rate calculated from the due date and the Corporation is hereby permitted to charge such interest in accordance with Section 32 of the Act. m. permit the Corporation, its representatives and persons authorised by the corporation, to enter his unit to carry out maintenance ana repair work required to be performed in maintenance and betterment of the Project generally.
4. a. control, manage, maintain, repair, replace and administer me common property (except hereinbefore and hereinafter set forth), the Managed Property. 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 condominium 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 tit to uphold these by-laws; C. maintain and repair including renewal where reasonably necessary) exterior lighting, all pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities except within each Building for the time being existing in the parcel and shall sweep any fireplace chimneys from time to time; d. provide and maintain in force all such insurance as is required by me 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, produce to the owner or mortgagee, a certified copy or the policy or policies of insurance effect by Me Corporation or a certificate or memorandum thereof and the receipt or receipts for the last premium or premiums in respect thereof; e. subject to any obligations imposed by the By-Laws or by the Corporation upon any owners to maintain any part of the common property or a unit, clean, maintain and repair the exterior or outside surfaces of the buildings (excluding windows, sashes, sliding glass doors, the washing of windows that are accessible to an occupant, the interior surface or access doors, all structural components and hardware relating Io all doors, the mailbox, screen doors. door bell buttons, light fixtures and their bulbs attached to the exterior of the residence, interior air condition equipment and garage doors and openers, all of which shall be the responsibility of an owner) but including the repair of any leakage around windows and the maintenance and repair of all other outside accoutrements that affect the appearance, useability, value or safety of the parcel or the Buildings and the common property including the structural maintenance of any area outside me building and all landscaping, common sidewalks, driveways, roadways, any entry gate and mechanism and the garbage enclosure and including all concrete, balcony walls, rails, fencing and related posts and maintain and repair the common property and the Managed Property, and all utility services within, on, in, under or through the units and common property, including the underground sprinkler system, 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 with a chartered bank or trust company or Province of Alberta Treasury Branch or Credit Union incorporated under the Credit Union Act; g. provide and maintain out of the contributions to be levied by the corporation towards the common expenses or otherwise such amount as the Board may determine from time to time to be fair and prudent for a replacement reserve fund and the replacement reserve fund shall be an asset of the Corporation; h. pay al! sums of money properly required to be paid on account of all services, supplies and assessments pertaining to or for the benefit of me parcel, me Corporation and the owners as to the Board may seem justifiable in the management or administration of me entire condominium project, i. remove ice, snow. slush and debris from and keep and maintain in good order and condition all areas of the common property or the units designated for vehicular or pedestrian traffic or outside parking and keep and maintain in good order and condition all grassed or landscaped areas OI the managed property and the common property j. provide adequate garbage receptacles or containers on the common property or the Managed Property for use by all the owners and provide for regular collection therefrom, k. at all times keep and maintain for the benefit of the Corporation and all drawings and owners copies of all warranties, guarantees, specifications, plans. written agreements, certificates and approvals provided to the Corporation pursuant to Section 37 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, municipally or local authority m. establish and maintain lawns, trees and shrubs and other landscaping on the Managed Property and the common property and any other property, if any, adjacent to the Parcel which the Corporation is to maintain and promptly replace on a continuing basis, any lawns, trees or shrubs which die; n. not allow any parking on the common roadway at any time for any purposes
5. a. purchase. hire or otherwise acquire personal property and/or real property for 058 by owners In connection the maintenance, repair. placement or enjoyment of the real and personal property of the Corporation or the common property, or their units or any of them, provided mat real property shalt only be acquired or disposed or by special resolution of the Corporation; b. borrow monies required by it in the performance of its duties or the exercise or its powers provided mar each such borrowing in excess or 15% of the current year's common expenses budget 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 towards the common expenses SUBJECT TO the restrictions SQ! forth in Section 35 of Me Act; e. make an agreement with an owner, tenant or other occupier of a unit for the provision of amenities or services by it to the unit or to the owner, tenant or occupier thereof: f. grant to an owner the right to exclusive use and enjoyment of part of me common property or the Managed Property, =f=y such grant tO be determinable 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 managed Property and the common property and do all things necessary for the enforcement of these bylaws and for the control, management and administration of the common property generally including Me commencement of an action under Section 29 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; k. charge interest under Section 32 of the Act on any contribution or common expenses owing to it by an owner at the Interest Rate, pay an annual honorarium, stipend or salary to members of the Board In the manner and in the amounts as may be from time to time determined by ordinary resolution at a general meeting; 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 Me exercise of its powers granted under the Act and the by-laws. . n. 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 body corporate shall be empowered and authorized to do under the Business Corporations Act of Alberta (as amended and replaced from time to time) and do all things and have such rights, powers and privileges of a natural person, o. purchase, acquire, own and operate real property (provided such real property is a unit) for the general use or benefit of the owners, and acquire and grant (as the case may be) rights to joint access or mutual use (including entering into and observing and performing any agreement for0oint or mutual adMif1is03l1ol"l and management thereof) to shares services or facilities.
6. The powers and duties of Me Corporation snail, subject to any restriction imposed or direction given at a general meeting, be exercised and performed by the Board.
7. During the initial existence of the Corporation and prior to the first annual general meeting of non~Developer owners, the Board shall consist of two Thereafter, the Board shall consist of not less nominees of the Developer. than three nor more than seven owners or spouses of owners or representatives of mortgagees who have notified their interest to the Corporation and the Board shall be elected at each annual general meeting (although members may also be elected at an extraordinary general meeting). The number of members of the Board for the next ensuing year snail be axed by resolution at the annual general meeting just prior to the election of the Where a unit Board. A Board member must be 16 years of age or older. has more than one owner, only one owner in respect of that unit may sit on the Board at any point in time.
8. At each annual general meeting of the Corporation all of the members of the Board shall be deemed to have retired from ounce and the Corporation shall elect new members accordingly.
9. A retiring member of the Board shall be eligible for reelection. Any prospective member of the Board shall, as a condition of his nomination, make full disclosure or any potential conflict of interest and any direct Of indirect relationship he or she may have with the Corporation either contractual, financial or employment related
10. Except where the Board consists of all of the owners, the Corporation may, by resolution at an extraordinary general meeting, remove any member of the Board before the expiration of his term of office and appoint another owner in his place, to hold office until the next annual general meeting.
11. Where a vacancy occurs on the Beard under By-Law 20, the remaining members of the Board may appoint a person to till that office for the remainder of the former member's term provided such person qualifies for membership pursuant to By-Law 7.
12. A quorum of the Board is two where the Board consists of four or less members, three where the board consists of five or six members and four where it consists of seven 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.
13. At the first meeting of the Board held after each annual general meeting OfU16 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. The President shall be the Chairman of the Board and shall have a casting vote in addition to his original vote. A person ceases to be an officer of the Corporation if he ceases to be a member of the Board. Where a person ceases to be am officer of the Corporation, the Board shall designate from its members a person to till that office for the remainder of the term. A person may simultaneously hold two offices.
14. The President shall act a Chairman of every meeting of the Board where he is present Where the President is absent from any meeting of the Board or vacates 018 chair during the course of any meeting, the Vice~President shall act as the Chairman and shall have all the duties and powers of the Chairman while so acting. In the absence of both the President and the Vice President,the members present shall from among themselves appoint a Chainman for the meeting who shall have all the duties and powers of the Chairman while so acting,
15. The other duties of the officers of the Board shall be as determined by the Board from time to time.
16. At meetings of the Board all matters shall be determined by simple majority vote. A resolution of me Board in writing signed by all of Me members shall have the same effect as a resolution passed at a meeting of the Board duly convened and held.
17. The Board MAY: a. meet together for the conduct of business, adjourned and otherwise regulate its meetings as it things fit and it shall meet when any member of the Board gives lo the other members of the Board not 1695 than three (3) days' notice of a meeting proposed by him, 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 things fit in connection with Me control, management and administration of the common property and the exercise and performance of the powers end duties of the Corporation c. subject to any valid restriction imposed or direction given at a genial meeting of owners, delegate to one or more members of the Board such of its powers and duties as it thinks tit, and at any time revoke such delegation; d. obtain and retain by contract the services of a Manager or of any professional real property management firm or professional real property manager or agent for such purposes (including but not so as to limit the generality of the foregoing, the supension, management and performance of any or all of the duties of the Corporation) and upon such terms of the Board may from time to time decide SUBJECT ALWAYS to the control and direction of the Corporation and the Board. such manager to be reasonably tit and suited to perform such duties. The Manager employed 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 and sufficient fashion. If under such contract the Manager holds funds for the Corporation, the contract shall require the Manager to arrange or maintain a fidelity bond owned by and in the name at the Corporation and such bond shall be in an amount required by the Corporation but in any event not less than: i. the total amount of any replacement reserve funds in the hands of or controlled by the Manager; and ii. one month's total condominium contributions of the Corporation or 1/12 of the total annual condominium contributions for all units in the Project (excluding any special contributions) whichever is greater; and n iii. a sum representing the average monthly amount of cash in the control of the Manager; At all times when the Board consists only of nominees of the Developer, no such contract shall provide for an initial term in excess of two (2) years and the termination provisions of Section 14 of the Act shall apply thereto, e. enter into an insurance trust agreement in form and on terms as required by any Insurance Trustee; 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 by-laws.
18. The Board SHALL:
a.
subject to any valid restrictions Imposed or directions given 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 interest 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 interest 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.
prepare, or cause to be prepared, proper accounts relating to all
monies of the Corporation, and the income and expenditure thereof, for
each annual general meeting
f.
maintain financial records of all the assets, liabilities and equity of the
Corporation
g.
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 convenient time
h.
at least once a year, cause the books and accounts of the Corporation
to be audited by an independent Chartered 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, in writing. l'loiifi6d it$ interest to the Corporation, a copy of the
audited Financial Statements of the receipts of contributions of all
owners towards the common expenses and disbursements made by the
Corporation and a copy of the Auditors Report within ninety (90) days
at 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
i.
keep a register noting thenames and addresses of all owners and any
mortgagees who have given notice of their interests to the Corporation
j.
within fifteen (15) days of a person becoming or ceasing to be a
member of the Board. file or cause to be filed at the Land H085 Office
a notice in the prescribed form stating the name and address of that
person and the day that the person became or ceased to be, as the
case may be, a member of the Board
k.
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
19. All acts done in good faith by the Board are, not withstanding it be afterwards discovered that there was some defect In the appointment or continuance in office of any member of the Board, as valid as if the member had been duly appointed or had duly continued in office.
21. The Board shall determine, by resolution from time to time, the manner and which officer or officers shall sign cheques, drafts, notes and other instruments and documents, including banking forms and authorities not required to be under corporate seal and may authorize the Manager to sign the same with or without co-signing by any officer or officers.
22. 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 one member of the Board or by the persons as may be authorized from time to time by resolution of the Board, except that where there is only one member of the Corporation his signature shall be sufficient for the purposes of this by-law, and if the only member is a company the signature of its appointed representative on the Board shall be sufficient for the purpose of this by-law.
23. The first annual general meeting of the non-developer owners shall be held within the time prescribed by the Act. Subsequent annual general meetings shall be held once in each calendar year, and not more than fifteen (15) months shall elapse between the date of one annual general meeting and that of the next.
24. All general meetings other than annual general meetings shall be called extraordinary general meetings.
25. The Board may whenever it thinks fit and shall upon a requisition in writing by owners representing no less than 15% of the total unit factors for all the units or upon the request in writing 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 15% of the total unit factors or a combination of such owners or mortgagees entitled to vote with respect to 15% of the total unit factors convene an extraordinary 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. A minimum of seven (7) days' notice of even/ general meeting specifying the place, the date and the hour of meeting (and in the case of special business the genera! nature of such business), shall be given to all owners and mortgagees who have notified their interests to the Corporation. Notice shall be given to the owner and to such mortgagees in the manner prescribed in these by-laws, but the accidental omission to give notice to an owner or mortgagee or non-receipt by an owner or mortgagee does not invalidate the meeting or any proceedings where at. In computing me number of Me days of notice of a general meeting required under these by~laws, th8 day on which the notice is deemed to have been received and the date 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. All business that is transacted at an annual general meeting, with the exception of the consideration of accounts and election Of members to the Board, Or at any extraordinary general meeting, shall be deemed special.
28. Save as in these by~laws otherwise provided, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business and one quarter of the persons entitled to vote representing not less than one quarter of the unit factors present in person or by proxy shall constitute a quorum.
29. If within one half hour from Me time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within one~half hour from the time appointed for the meeting the persons entitled to vote who are present shall be a quorum.
30. The President of the Board shall be the chairman 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 Chairman 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 Chairman.
31. The Order of Business at general meetings, and as far as is appropriate at all extraordinary general meetings shall be: a. if the President or Vice President of the Board shall be absent or elects to vacate the chair or refuses to act, the election of the Chairman of the meeting b. call to order by the Chairman and establish 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. election of Board; j. unfinished business, k. new business, l. adjournment
32. At any general meeting a resolution by the vote of the meeting shall be decided on a show of hands, unless a poll is demanded by any owner or Unless a poll be so registered mortgagee present in person or by proxy, demanded, a declaration by the chairman that a resolution has, on the show of hands, been carried is conclusive evidence of the fact without proof of the number or proportion or votes recorded in favour or against the resolution. Except for matters requiring a special resolution or unanimous resolution, all matters shall be determined by ordinary resolution.
33. A poll, if demanded, stall be taken in whatever manner the Chairman 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 Chairman of the meeting is entitled to a casting vote in addition to his original vote. A demand for a poll may be withdrawn.
34. On a show hands, each person entitled to vote for any Unit shall have one vote for that Unit. 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 or mortgaged to them.
35. Votes at any general meeting may be given either personally or by proxy.
36. 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. A proxy need not be an owner.
37. Except in cases where by or under the Act a unanimous resolution or special resolution is required, no owner is entitled to vote at any general meeting unless all assessments payable in respect of his unit have been day paid to the date thiny (30) days prior to the date of such meeting but the presence of any such defaulting owner shall be included in the count for quorum constitution purposes pursuant to By-Law 28.
38. 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 unanimous resolution is required by the Act, but any one co- owner may demand a poll; 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. 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. Where owners are emitted to successive interests in a unit the owner entitled to the first Interest (or if his lowest 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. Where an owner is a trustee, he shall exercise the voting rights in respect of the unit to the exclusion of person beneficially interest in the trust, and those persons shall not vote.
42. 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 vote conferred on an owner may or shall be exercised by the mortgagee
and where the mortgagee has given written notice of his mortgage to the
Corporation, no instrument or proxy shall be necessary to give the mortgagee
the said power to vote and the mortgagee's power to vote shall not be limited
or proscribed by the owner's failure to pay contributions.
43. 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, may be corrected, remedied or cured by the Corporation and any costs or expenses incurred or expended by the Corporation including costs as between a Solicitor and his own client on a full indemnity 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 and for the month next following the date 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 act or omission by the owner, his servants, agents, licensees, invitees or tenants, which violates these by-laws or any rules or regulations established pursuant to these by-laws and for which ten (10) days prior written notice has been given by the Corporation and there shall be added to any judgment, a11 costs of such action including costs as between a solicitor and his own client Nothing herein shall be deemed to limit any right of any owner to bring an action or proceeding for the enforcement and protection of his rights and the exercise of his remedies, C. In addition, the corporation may exercise the powers provided for in Section 29 of the Act.
44. 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 noticed its interest to the Corporation, a notice or memorandum of any proposed amendments, additions or repeal thirty (30) days prior to the date of any such special resolution and thereafter provide each such mortgagee with a copy of any registered amendment, addition or repeal.
45. a. In the event of damage or destruction as a result of fire or other casualty, the Board shall determine within thirty (30) 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 25% or more of Me replacement value of all Buildings on the units, Managed Property and common property immediately prior Prior to making any determination under this to the occurrence. 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 an extraordinary general meeting and give at least ten (10) days' notice by registered mail to all registered mortgagees, Unless there has been substantial damage and the owners by special FBSOIUUOFI receive not W proceed with repair or restoration with one hundred (100) days after the damage or destruction, the Board shall arrange for prompt repair and restoration using proceeds of insurance The Board shall cause the proceeds of all insurance for that purpose. policies to be disbursed to the contractors engaged in such repair and Any costs of such restoration in appropriate progress payments. repairs and restoration in excess of the insurance proceeds shall constitute a common expense and the Board may assess all the unit owners for such deficiency as pan or the common expenses; Where there has been substantial damage and the owners resolve by special resolution within one hundred (100) days after the damage or destruction not to repair, the Board shall 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. 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, the owners and mortgagees, as their respective interests may appear, in proportion to their respective interests in me parcel in accordance with the terms of any insurance trust agreement in effect: The Corporation is not responsible for any damage or loss whatsoever caused by or to any properly or contents of any nature or kind in or upon any unit or Building or in or upon any part of the common property designated for the exclusive use of any unit owner: b. 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 greaten c. Where the Corporation Is required to enter a unit or a building for the purpose of maintaining, repairing or renewing pipes, wires, cables and ducts for the time being existing in the unit or Building, and capable of being used in connection with the enjoyment of any other unit, Building or the common property, 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 or Building to its former condition, leaving the unit and Building clean and free from debris; d. An owner shall indemnify and save harmless the Corporation from the repair or replacement rendered expenses of any maintenance, necessary to the common property or to any unit or Building by his act omission or by that of any member of his family or his or their guest, servants, agents, invitees, licensees or tenants, but only to the extent that such expense is not met by the proceeds of insurance caned by the Corporation.
20 . The office of a member of the Board shall be vacated if the member:
a. by notice in writing to the Corporation resigns his office; or
b. dies; or
c. is in arrears more than sixty (60) days of any contribution, levy or
assessment required to be made by him as an owner or
d. becomes bankrupt; or
e. is found lunatic or becomes of unsound mind, or is the subject of a
Certificate of Incapacity issued under the MENTAL HEALTH ACT; or
f. Is convicted of an indictable offence for which he is liable to
imprisonment; or
g. is absent from meetings of the Board for a continuous period of three
(3) months or three (3) consecutive meetings without the consent of the
remaining members of the Board ad a majority of the remaining
members of the Board resolve at the next subsequent meeting of the
Board that his office be vacated; or
h. he ceases to qualify for membership pursuant to By-Law 7; or
i. in the case of a company which is a member of the Board, if the
company shall become bankrupt or make an assignment for the benefit
of creditors if any proceedings are commenced to wind up the
company, otherwise than for the purpose of amalgamation or
reconstruction, or
j. is refused bonding, at a reasonable premium, by a recognized bonding
institution; or
k. commences any legal proceedings against the Board or the
Corporation.