Uplands Manor Bylaws

1. In these By-Laws, where capitalized and unless the context or subject matter requires a different meaning:

(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) “Boarder” means a person to whom room and board is regularly supplied for consideration;

(d) “Building” means the Building on the Project containing the Units and Common Property;

(e) “By-Laws” means the By-Laws of the Corporation, as amended from time to time;

(f) “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;

(g) “Common Expenses” means the expense of performance of the objects and duties of the Corporation and any expenses specified as Common Expenses in these By-Laws;

(h) “Common Property” means so much of the Parcel as is not comprised in or does not form part of any Unit shown on the Condominium Plan;

(i) “Condominium Plan” means the Condominium Plan registered under the Act as No. 1013379;

(j) “Corporation” means the Corporation constituted under the Act by the registration of the Condominium Plan whose legal name is “Condominium Corporation No. 1013379”;

(k) “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;

(l) “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;

(m) “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, which standard Unit specifications are attached hereto as Appendix 1;

(n) “Insurance Trustee” means a person, firm or corporation selected from time to time on 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;

(o) “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;

(p) “Manager” means any condominium property manager contractually appointed by the Board;

(q) “Municipality” or “Municipal” means the City of Lethbridge;

(r) “Occupant” means a person present 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 more than thirty (30) days in any calendar year;

(s) “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;

(t) “Owner” means a person or persons who is or are 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;

(u) “Parcel” means the land comprised in the Condominium Plan;

(v) “Privacy Area(s)” means any areas granted to an Owner pursuant to By-Law 58;

(w) “Private Motor Vehicle” means cars, light trucks up to three-quarter (3/4) ton size, mini-vans, motorcycles and sport utility vehicles;

(x) “Project” means all of the real and personal property and fixtures comprising the Parcel, land and Buildings which constitute the Units and Common Property;

(y) “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;

(z) “Roomer” means a person to whom room is regularly supplied for consideration;

(aa) “Single Family Dwelling” means a Unit occupied or intended to be occupied as a residence by one family alone and containing no more than one kitchen and in which no Roomers or Boarders are allowed;

(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 he or she is legally married;

(ee) “Unit” means a space situated within a Building and described as a Unit in the Condominium Plan by reference to exterior floors, walls and ceilings within the Building and shall include, for the purposes of these By-Laws:

(i) all 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 throughout the 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 such as the intercommunication systems or any security system;

(vi) all electrical appliances and fixtures and all insulation in the Unit;

(vii) all Unit plumbing, including pipes and fixtures inside the interior finishing of the exterior floors, walls and ceilings of a Unit 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; and

D) all water taps (kitchen and bathroom);

(viii) thermostats in a Unit;

(ix) all interior doors and door hardware; and

(x) all Unit electrical including, but not limited to, panel circuit breakers, wire, fixtures, cables and conduits inside the interior finishing of the floors, walls and ceilings of the Unit.

“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 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 Owners and Corporation

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.

3. 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’ written 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 or renewing 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 or renewing 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 by using a locksmith, the cost of such locksmith shall be borne by the Owner;

(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 and assessments that may be payable in respect of his Unit;

(c) Duly and properly clean, wash, repair, maintain and replace:

(i) the interior of the Unit and all fixtures, appliances, improvements and additions thereto;

(ii) with regard to windows and doors:

A) all windows located on the interior walls of the Unit, all window hardware (including all cranks, hinges and latches), all window screens, all weatherstripping and weather seals. The Owner shall wash, as required, the exterior surface of all accessible windows;

B) the doors located on the interior walls of a Unit, all screen doors, and all door hardware (including all door hinges, doorknobs, locking devices and security viewers) and adjustments thereto. The Owner shall wash, as required, the exterior surface of all sliding glass doors and Unit access doors; and

C) interior trim of all windows and Unit access doors. The Owner shall paint the interior finishing of such trim and the interior finishing of Unit access doors;

(iii) any interior wall- or ceiling-mounted air conditioning equipment that has been installed with the prior written consent of the Board. No window-mounted or external air conditioners are allowed;

(iv) any bulbs in light fixtures attached to the exterior of the Unit;

(v) all taps, faucets, drain plugs and assemblies in bathtubs and sinks;

(vi) all thermostats in the Unit;

(vii) 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, any security system;

(viii) the mailbox key;

(ix) on a day-to-day basis, maintain any Privacy Area (and any plants or landscaping 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.

(d) Keep his Unit in a state of good repair, EXCLUDING:

(i) the painting of the exterior surface or finishing of any access doors;

(ii) all other outer boundaries, structure, walls and other outside surfaces and roofs and eavestroughs;

(iii) all other outside hardware and accoutrements (except as noted herein) affecting the appearance, usability, value or safety of the Unit; and

(iv) such other maintenance, repairs and damage for which the Corporation is responsible pursuant to these By-Laws;

(e) Not paint the exterior of the Unit or Common Property or Building, nor make any repairs, additions or alterations to the exterior of his Unit 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, common gas or common electrical systems within his Unit, or structural changes which may affect Units or Common Property, 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. Said usage shall be at one’s own risk and peril;

(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 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. Upon the sale of a Unit, the Owner shall deliver a copy of the current By-Laws to the purchaser and shall transfer the Owner’s security keys to the new purchaser;

(i) 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 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 Sections 39 and 40 of the Act and Section 76 of the Regulation;

(k) Pay to the Corporation all legal expenses incurred as a result of having to take proceedings to collect any Common Expenses levied or assessed against his Unit and all other amounts due from him to the Corporation under these By-Laws, and such expenses shall be paid on a solicitor-and-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 Common Property or any Unit caused or aggravated by such Owner, his Occupants, invitees, or by any default under these By-Laws by such Owner, his Occupants and invitees, up to the amount of the insurance deductible of the Corporation (whether an insurance claim is made by the Corporation or not);

(m) 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 Manager. The Board shall not be required to respond to any suggestion, complaint or question that is not in writing and properly submitted to the Manager;

(n) Deposit with the Corporation, if requested, duly executed post-dated cheques or monthly bank debit authorization 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 for any late or “NSF” cheque written by such Owner;

(p) Advise the Corporation as to who is using any assigned parking stall. Only Occupants of the Project or their guests may use a parking stall; and

(q) Not unreasonably interfere with the lawful activities of the Board or the Corporation.

4. 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 and repair (including renewal where reasonably necessary):

(i) all interior and exterior lighting on Common Property, including light fixtures (but excluding bulbs) on the exterior of each Unit;

(ii) all common Building heating and ventilating systems;

(iii) the entry panel and any security system for use by the entire Project;

(iv) all electrical, boiler, generator, meter, fire prevention and mechanical rooms; and

(v) all pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the Parcel outside the interior finishing of the exterior floors, walls or ceilings of a Unit, or utilities capable of being used in connection with the enjoyment of more than one Unit or Common Property;

(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, produce 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 or 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 Building comprising the Units (except to the extent the Owner is required to repair and maintain portions of windows and doors under By-Law 3(c)), including:

A) exterior cladding, roofing materials, foundation, eavestroughs, soffits, downspouts, exterior drains and exterior beams;

B) all windows on the exterior walls of any Unit or the Building (including the glazing, frames, and the exterior window casing, mouldings and trim). The Corporation shall paint the exterior trim;

C) all doors and sliding glass doors on the exterior walls of any Unit or the Building (including the frame and the exterior door casing, mouldings and trim). The Corporation shall paint the exterior trim and the exterior surface finishing of access doors;

D) exterior caulking and repair of any leakage around windows and sliding glass doors; and

E) the Corporation shall wash, in its discretion, the exterior surface of all non-accessible windows on the exterior walls of the Building and all Common Property windows;

(ii) hallway Unit numbers;

(iii) all parking areas, the driveway, landscaped areas, balconies, patios, common sidewalks and the garbage receptacles;

(iv) all existing dryer vents on the exterior walls of the Building;

(v) all zone valves, radiators and shut-off valves within the Units;

(vi) balcony rails or patio walls, privacy dividers, perimeter fencing and related posts;

(vii) all common utility services within, on, in, under or through the Units, all utilities outside of the interior finishing of the exterior floors, walls and ceilings of a Unit and all utilities on Common Property, including the main domestic water line and the main heating supply line; 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 Province of Alberta Treasury Branch 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;

(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; and

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;

(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 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 snow, slush and debris from the entrance areas, parking areas and walkways of the Project within a reasonable time and keep and maintain in good order and condition all areas of the Common Property designated for vehicular or pedestrian traffic, parking, the hallways, stairs and stairwells, mailboxes, intercom system, and all grassed or landscaped areas of the Common Property, including the Project entrance sign, 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 prime responsibility of the Owner to whom such Privacy Area has been assigned;

(j) Provide adequate garbage, recycling and/or organic materials receptacles for use by all 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 46 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, trees and shrubs and other landscaping on the Common Property and replace, at the discretion of the Board, any landscaping, trees or shrubs;

(n) Repair, replace and maintain party walls separating Units. If the Owner is responsible for the reason or cause for such repair, replacement or maintenance, the cost of such repair, replacement or maintenance (or up to the amount of the insurance deductible whether an insured loss or not and regardless of whether an insurance claim is made or not) will be charged back to the responsible Owner;

(o) Repair, replace and maintain windows, sliding glass doors and doors on the exterior walls of a Unit or the Building. If the Owner is responsible for the reason or cause for such repair, replacement or maintenance, the cost of such repair, replacement or maintenance (or up to the amount of the insurance deductible whether an insured loss or not and regardless of whether an insurance claim is made or not) will be charged back to the responsible Owner; and

(p) Maintain and keep current a parking register which shall indicate the name of the Owner (or Occupant) assigned each parking stall located on the Common Property and/or the name of the person entitled to exclusive use and occupation of such stall.

5. 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 of the Corporation;

(b) borrow monies required by it in the performance of its duties or the exercise of its powers, provided that each such borrowing in excess of fifteen (15%) percent 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 set forth in Section 43 of the Act;

(e) make an agreement with an Owner, tenant or 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 the right to exclusive use and enjoyment of part of the Common Property or special privileges in respect thereof, and, except for the provisions of these By-Laws relating to the Privacy Areas adjacent and attached to any Unit, any such grant to be terminable 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) 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 unexpected or abnormal repair or expense not budgeted or not covered by the operating budget or the Capital Replacement Reserve Fund;

(k) charge interest under Sections 39 and 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;

(l) pay an annual 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;

(m) join any organization serving the interests of the Corporation and assess the membership fee in such organization as part of the Common Expenses;

(n) do all things which are incidental or conducive to the exercise of its powers granted under the Act and the By-Laws;

(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 any 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.

6. 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. The composition of the Board shall provide that:
(a) The Board shall consist of not fewer than three (3) nor more than seven (7) Owners, Spouses of the Owners, representatives of corporate Owners, or representatives of mortgagees who have notified their interests to the Corporation. The number of members of the Board 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; shall not be present for the discussion; and shall refrain from voting on such 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; and
(ii) exercise the care, diligence, and skill that a reasonably prudent person would exercise in comparable circumstances.
(f) 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. A Board member shall be elected for a two (2) year term. At each annual General Meeting of the Corporation, all members of the Board whose terms have expired shall retire from office, and the Corporation shall elect new Board members accordingly. A member of the Board shall be elected at an annual General Meeting for a term expiring at the conclusion of the annual General Meeting convened in the second (2nd) year following the year in which he was elected to the Board.

9. A retiring member of the Board shall be eligible for re-election. Those entitled to accept nomination must either be in attendance at the annual General Meeting or have agreed in writing to the nomination.

10. 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 another Owner in his place, to hold office until the next annual General Meeting.

11. Where a vacancy occurs on the Board under Bylaw 20, 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. Such appointed member shall have the same rights and responsibilities as duly elected Board members. 

12. 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 taking steps to obtain a quorum.

13. 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. The President shall be the Chairman of the Board and shall have a casting vote to break a tie, 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 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. The President shall act as Chairman 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 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 Chairman for the meeting, who shall have all the duties and powers of the Chairman while so acting. Each meeting of the Board shall be held in 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. The other duties of the officers of the Board shall be as determined by the Board from time to time.

16. Voting by Board members shall be governed as follows:
(a) At meetings of the Board, all matters shall be determined by simple majority 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 in 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 Robert's Rules of Order.

17. The Board MAY:

(a) Meet together for the conduct of business, adjourn, and otherwise regulate its meetings as it thinks fit. 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 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 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 professional condominium Manager 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. Such Manager shall be reasonably fit and suited to perform such duties.

The Manager employed by the Board need not devote its full time to the performance of the duties of the Corporation, so long as those duties are performed in a good, timely, and sufficient fashion.

Under such contract, if the Manager holds funds for the Corporation and is a sole signing authority for the Corporation, the contract shall require the Manager to arrange or maintain crime coverage insurance to protect the Corporation, or a fidelity bond owned by, paid for by, and in the name of the Corporation and for the benefit of the Corporation. Such crime coverage insurance or 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;

(ii) One month's total condominium contributions of the Corporation, or one-twelfth (1/12) of the total annual condominium contributions for all Units in the Project (excluding any special contributions), whichever is greater; and

(iii) A sum representing the average monthly amount of cash in the control of the Manager.

(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 Bylaws.

18. The Board SHALL:

(a) Subject to any legally valid restrictions 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 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, and provide a copy to such Owners and mortgagees who have notified their interests to the Corporation not less than fourteen (14) days prior to the next annual General Meeting.

(d) Cause proper books of account to be kept in accordance with generally accepted accounting principles 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 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, at their expense, make the books of account available for inspection at a time convenient to such Board member or Manager.

(h) At least once a year, cause the books and accounts of the Corporation to be audited or reviewed 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 or reviewed Financial Statement or Notice to Reader Report 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 or Notice to Reader Report within one hundred twenty (120) days of the end of the fiscal year of the Corporation.

The report of the auditor or reviewer 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.

(i) Keep a register noting the names and addresses of all Owners and any mortgagees who have given notice of their interests to the Corporation.

(j) At all times keep and maintain in force all insurance required hereunder and by the Act to be maintained by the Corporation.

(k) At any time following a change, file or cause to be filed at the Land Titles Office a notice in the prescribed form stating the name and address of the members of the Board.

(l) 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.

(m) File or cause to be filed at the Canada Revenue Agency a Statement of G.S.T., if required, a corporate tax return, and an annual non-profit information return for the Corporation.

19. All acts done in good faith by the Board are, notwithstanding that 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. 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 in arrears more than sixty (60) days 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) Becomes bankrupt as defined in the Bankruptcy and Insolvency Act (Canada).

(f) 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.

(g) Is convicted of an indictable offence for which the member is liable to imprisonment for a term of not less than two (2) years.

(h) Attends any Board meeting while intoxicated by alcohol or incapacitated by drugs or other substances.

(i) Is absent from meetings of the Board for a period of 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.

(j) Ceases to qualify for membership pursuant to Bylaw 7.

(k) Is a company, in the case of a company which is a member of the Board, and is in arrears as set forth in sub-paragraph (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.

(l) Is refused bonding, at a reasonable premium, by a recognized bonding institution.

(m) Or his Spouse commences any legal proceedings against the Board or the Corporation

21. The Board shall determine, by resolution from time to time, the manner in which an 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. 

23. 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.

24. All General Meetings other than annual General Meetings shall be called special General Meetings. 

25. The Board may, whenever it thinks fit, and shall, upon a requisition in writing:

(a) By Owners entitled to vote representing not less than twenty-five (25%) percent 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 twenty-five (25%) percent of the total Unit Factors; or

(c) From a combination of such Owners or mortgagees entitled to vote with respect to twenty-five (25%) percent 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. A minimum of fourteen (14) days' notice of every General Meeting, specifying the place, the date, and the hour of the 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.

Notice shall be given to the Owner and to such mortgagees in the manner prescribed in these Bylaws, 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 thereat.

In computing the number of days of notice of a General Meeting required under these Bylaws, the day on which the notice is mailed, emailed, or hand-delivered 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 shall include that:

(a) All business that is transacted at any annual or special General Meeting, with the exception of the election of the Chairman, 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 Bylaws, 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.

(e) 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.

28. Except as otherwise provided in these Bylaws, 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 (25%) percent 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. If, within ten (10) minutes from the time appointed for a General Meeting, a quorum is not present, the meeting shall stand adjourned for fifteen (15) minutes to allow further Owners to attend on the same day and at the same place.

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.

30. The President of the Board shall be the Chairman of all General Meetings.

In his absence from the meeting, or in the event that he vacates the chair, the Vice-President of the Board shall act as Chairman.

Provided always that if the President and Vice-President are absent, 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 special General Meetings, shall be:

(a) If the President or Vice-President of the Board is absent, elects to vacate the chair, or refuses to act, the election of the Chairman of the meeting.

(b) Call to order by the Chairman, 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.

(k) Election of Board.

(l) New business.

(m) 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 registered mortgagee present in person or by proxy.

Unless a poll is so 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 of votes recorded in favour of or against the resolution.

Except for matters requiring a Special Resolution, all matters shall be determined by Ordinary Resolution.

33. A poll, if demanded, shall 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 to break a tie in addition to his original vote.

A demand for a poll may be withdrawn.

34. 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 or mortgaged to them.

(c) Notwithstanding anything to the contrary herein contained, the Chairman, 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 at any General Meeting may be given either personally or by proxy.

36. An instrument appointing a proxy shall be in writing or e-mailed 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.

A non-Owner carrying a proxy from an Owner is not eligible for election to the Board as a non-Owner.

37. 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 sixty (60) days prior to the day that the power of voting may be exercised.

However, the presence of any such defaulting Owner shall be included in the count for quorum constitution purposes pursuant to Bylaw 28.

38. 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. 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. However, 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 entitled to successive interests in a Unit, the Owner entitled to the first interest (or, if his interest is mortgaged by a 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 persons beneficially interested in the trust, and those persons shall not vote. 

42. Notwithstanding the provisions of these Bylaws with respect to the appointment of a proxy, where the Owner’s interest is subject to a registered mortgage, and where the mortgage, these Bylaws, or any statute provides that the power to vote 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 judgment by a court for any money owing to the Corporation by an Owner, is in arrears for more than sixty (60) days prior to the date that the power of voting may be exercised.

43. Where there is a violation of these Bylaws:

(a) Any infraction or violation of, or default under, these Bylaws or any rules and regulations established pursuant to these Bylaws on the part of an Owner, his servants, agents, licensees, invitees or tenants 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.

Any costs or expenses incurred or expended by the Corporation, including legal costs as 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. Such costs or expenses 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 Bylaws or any rules or regulations established pursuant to these Bylaws by the Owner, his servants, agents, licensees, invitees or tenants for which ten (10) days’ prior written notice has been given by the Corporation.

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 Bylaw has occurred, it may, by resolution, cause a notice to be delivered to the Owner alleged to be in breach, specifying the nature and 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 minimum monetary sanction being One Hundred ($100.00) Dollars and the maximum monetary sanction being Ten Thousand ($10,000.00) Dollars. The sanction may be levied 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 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 Bylaw.

(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 Section 36 and/or Section 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.

(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(b)(xvii) or 62(b)(xviii) 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 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. Any dispute respecting any matter arising under these Bylaws 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.

45. 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 percent (25%) 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 the 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 pursuant to these Bylaws.

(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 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 Bylaws, 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; or

E) his pets;

that are not required by these Bylaws to be insured against by the Corporation (or are in fact insured against by the Corporation, whether required or not, but only up to the amount of the insurance deductible).

(ii) The Corporation shall repair such damage to the Unit (for which the Corporation is responsible) 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.

46. 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, BUT EXCLUDING all Improvements and Betterments made to the Units and all furnishings and other personal property of each Owner, whether or not installed in the Unit;

for the full replacement cost thereof, without deduction for depreciation; and

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 Bylaw 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. 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 Bylaw 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 IMPROVEMENTS AND BETTERMENTS TO HIS UNIT.

(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 Bylaw 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;

(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; and

(ix) Subject to sub-clause (g) below, the Corporation shall obtain and pay for all glass insurance for the Project.

(c) As required, in the sole discretion of the Board, 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 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 upon request 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 upon request.

The Master policy 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) 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). Any expenses of the Insurance Trustee shall be treated as Common Expenses of the Corporation.

(f) 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 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 Improvements and Betterments, belongings, contents or other property.

The insuring of any Improvements and Betterments, rental revenue, belongings, contents or other property within a Unit 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, contents or other property within or to the Unit, however caused.

(g) 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 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 (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 (including costs on a solicitor and his own client full indemnification basis) and with the collection thereof incurred by the Corporation.

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.

47. The particulars that govern the contributions for Common Expenses and budgets shall include the following:

(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 provided herein and, without limiting the generality hereof, shall include the following:

(i) All levies or charges on account of garbage, recycling and/or organic materials removal, electricity, water, sewer, gas and fuel services, and television antenna 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 snow and debris clearance from Common Property not designated as a Privacy Area;

(iv) All charges on account of all Common Property lighting and exterior lighting fixtures (EXCLUDING bulbs) situated on the exterior of each Unit;

(v) All charges on account of maintenance for those portions of a Unit or Common Property for which the Corporation is responsible under these Bylaws;

(vi) All costs of furnishings, tools and equipment for use in and about the Project facilities, including the repair, maintenance or replacement thereof;

(vii) All insurance costs in respect of the insurance for which the Corporation is responsible under these Bylaws 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 up to the insurance deductible amount is charged back to an Owner under Bylaw 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 fees and disbursements;

(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 Building;

(xii) Maintenance of the heating and ventilating systems;

(xiii) The cost of maintaining fidelity bonds or crime coverage insurance as provided in these Bylaws;

(xiv) The cost of borrowing money for the purpose of carrying out the duties and objects of the Corporation;

(xv) 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; and

(xvi) The cost of any Building security or intercommunication system.

(b) At least fourteen (14) 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 notified 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 Owners’ contribution towards the Common Expenses of the Corporation for said ensuing fiscal year.

Said assessment shall be made to the 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 which should be paid on another basis reflecting a more equitable allocation may be so charged, provided that the Board shall advise the Owners, in writing, of the change to and method of such alternative allocation; and

C) 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 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.

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 shall 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.

(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.

In favour of any person dealing with that Owner, the certificate is conclusive proof of the matters certified therein.

(i) Upon the written request of an Owner, purchaser or mortgagee of a Unit, the Corporation shall, at the expense of the person requesting, 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) A statement setting forth the amount of the monthly contributions and the basis on which that amount was determined;

(ii) The particulars of:

A) Any action commenced against the Corporation and served upon the Corporation;

B) Any unsatisfied judgment or order for which the Corporation is liable; and

C) Any written demand made upon the Corporation for an amount in excess of Five Thousand ($5,000.00) Dollars that, if not met, may result in an action being brought against the Corporation;

(iii) The particulars of, or a copy of, any subsisting management agreement;

(iv) The particulars of, or a copy of, any subsisting recreational agreement;

(v) A copy of the current budget of the Corporation;

(vi) A copy of the most recent financial statements, if any, of the Corporation;

(vii) A copy of the Bylaws of the Corporation;

(viii) A copy of any minutes of proceedings of a General Meeting of the Corporation or of the Board;

(ix) The particulars of, or a copy of, any subsisting lease agreement or exclusive use agreement with respect to the possession of a portion of the Common Property, including any parking stall;

(x) A statement setting forth the amount of the Capital Replacement Reserve Fund;

(xi) A statement setting forth the Unit Factors and the criteria used to determine Unit Factor allocation;

(xii) A statement setting forth any structural deficiencies that the Corporation has knowledge of at the time of the request in any of the Buildings that are included in the Condominium Plan; and

(xiii) In the case of a mortgagee, the records pertaining to the management or administration of the Corporation as prescribed in Section 45 of the Act.

(j) 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 Bylaws, or release of any Owner from their obligation to pay the contributions or special assessments, or any instalments thereof for any year or period.

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.

(k) The Board or the Manager supplying any documents required to be provided in these Bylaws or under Section 44 of the Act shall be entitled to charge a reasonable fee for the production thereof.

48. If at any time it appears that the annual contributions toward the Common Expenses will be insufficient to meet the Corporation’s obligations, the Corporation may assess and collect a special contribution or assessment against each Unit in an amount sufficient to cover the additional anticipated Common Expenses.

The Corporation shall give notice of such further assessment to all Owners, which shall include a written statement setting out the reasons for the assessment. Each assessment shall be due and payable by each Owner in the manner and on the date or dates specified in the notice.

Each such special assessment shall be determined and assessed against the Owners in proportion to their Unit Factors or as set forth in Bylaw 47(b)(ii) or Bylaw 47(c).

All such special assessments shall be payable within ten (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, instalments, payments and liens for unpaid contributions, assessments, 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, 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, instalment or payment as hereinbefore mentioned, and for so long as such unpaid contribution, assessment, 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, 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, instalments and/or payments, and interest thereon at the Interest Rate from the due date or dates for payment of the same.

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, 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) incurred by the Corporation in respect of recovery of unpaid contributions, assessments, 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 assessments, 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.

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, 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.

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, 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, 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 ten (10) years.

(f) In the event of any assessment against, or instalment or payment due from, an Owner remaining due and unpaid for a period of ninety (90) days, the Board shall give notice of such default to all mortgagees having an interest in such Owner’s Unit who have notified their interests to the Corporation.

(g) In the event of any assessment against, 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, instalments and payments for the fiscal year then current upon notice to the Owner in arrears.

Thereupon, all such unpaid and accelerated monthly contributions, assessments, 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.

(h) 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 Bylaws 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.

50. 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.

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. (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 amount of rent to be charged for the Unit, and provide the Corporation with the address at which the Owner may be served with any notice given by the Corporation; and

(ii) provide the tenant with a copy of the Bylaws and policies of the Board, and provide to the Corporation an undertaking, in form satisfactory to the Corporation as set forth in Bylaw 62(e), 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 Bylaws of the Corporation and the rules and policies of the Board.

If requested by the Board, the tenant must provide to the Board a certificate of insurance evidencing the existence of a tenant's insurance policy within twenty (20) days of occupancy.

The Owner shall not be released from any of his obligations and shall be jointly and severally liable with the proposed tenant or Occupant with respect to such obligations.

(b) 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 Bylaws, 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 residential Units under Section 54 of the Act; and

(iii) Make applications to the Court under Sections 55 and 56 of the Act.

(c) No Occupant or tenant shall be liable for the payment of contributions or assessments or Common Expenses under these Bylaws 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 Occupant or 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 Occupant or tenant shall be deemed to be a rental payment made to the Owner.

(d) When an Owner or Occupant uses any part of the Common Property for greater than fifteen (15) minutes for deliveries or moving in or moving out of a Unit, the following provisions shall apply:

(i) The Manager or Board must be given at least seven (7) days' prior notice for moves, and forty-eight (48) hours' prior notice for furniture and chattel deliveries;

(ii) An Owner or Occupant shall not move furniture or other chattels into or out of a Unit unless, prior to the move or delivery, the Owner pays the Corporation a move-in/move-out fee;

(iii) An Owner or Occupant shall only move or schedule deliveries between the hours of 9:00 a.m. and 6:00 p.m.;

(iv) Boxes must be flattened and placed in the appropriate recycling bins, and household items such as mattresses, furniture and electronics shall not be disposed of anywhere on the Project;

(v) Any violation of the above procedures will be subject to a monetary sanction pursuant to Bylaw 43, at the sole discretion of the Board; and

(vi) All fees and monetary sanctions shall be set by the Board from time to time, at its sole discretion.

52. The provisions hereof shall be deemed independent and severable, and the invalidity, in whole or in part, of any Bylaw does not affect the validity of the remaining Bylaws, which shall continue in full force and effect as if such invalid portion had never been included herein.

53. Unless otherwise expressly provided in these Bylaws, service of any notice required to be given under the Act or under these Bylaws shall be well and sufficiently given if:

(a) personally delivered to the recipient;

(b) sent by prepaid mail to:

(i) the Owner at the address of his Unit or other known address;

(ii) the address shown on the Certificate of Title to the Unit at the Land Titles Office;

(iii) the Corporation at its address for service shown on the Condominium Plan; or

(iv) to a mortgagee at its address supplied to the Corporation;

(c) left with the Owner or some other adult person at the said address of the Unit;

(d) put in the mailbox of the Unit;

(e) put under or in the front door of the Unit; or

(f) delivered by e-mail to the electronic address provided to the Corporation by the Owner.

Any notice given by post shall be deemed to have been sent and received forty-eight (48) hours after it is posted.

An Owner or a mortgagee may at any time in writing 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 Bylaws.

No form of notice under these Bylaws shall be deemed invalid solely because it was transmitted by facsimile or e-mail.

54. 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. 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 the respective area of their respective Unit, or otherwise in accordance with the principles set forth in Bylaw 47(b)(ii) or Bylaw 47(c), subject to the interests of any mortgagees.

56. A company which is a member of the Board may, by proxy, power of attorney or resolution of its directors, appoint any shareholder or director of the company to act as its representative on the Board and to attend meetings thereof and vote at such meetings on behalf of the company.

Such representative shall be entitled to so act, provided notice in writing thereof has been given to the Board.

57. A representative of a company on the Board may appoint another shareholder or director of the company, whether another Owner or not and whether a member of the Board or not, to serve as his alternate representative on the Board and, as such, to attend and vote in his stead at meetings of the Board and to do anything specifically provided for in these Bylaws.

Such alternate shall, if present, be included in the count for quorum, and if he is 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 representative of a member of the Board or removes the alternate representative from office as alternate representative, any appointment or removal under this Bylaw shall be made in writing under the hand of the representative making the same.

58. 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 and affixed to his Unit to which he has access;

(ii) an area of the Common Property assigned by the Board, in its discretion, for the sole purpose of parking one (1) Private Motor Vehicle thereon; and

(iii) any portion of the Common Property assigned by the Board to an Owner to be used as a storage area;

which shall constitute Privacy Areas granted to an Owner pursuant to Bylaw 5.

Only an Occupant of a Unit may use a parking stall, and any landscaping or decoration of balconies or patios may only be carried out after the written consent of the Board has been obtained therefor. The maintenance and repair of such approved landscaping or decoration shall be the sole responsibility of those Owners who have their exclusive use.

Any Owner who wishes to make structural changes to a balcony or patio must apply in writing to the Board for approval prior to commencing any work.

(b) The Board may, in addition to other restrictions set out in these Bylaws, 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 swept as required and 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 slush, snow and debris from the entrance areas, walkways and the parking areas, and structurally maintaining fences, privacy dividers, parking areas, balconies, patios, Common Property storage areas, and walkways to a standard considered reasonable by the Board.

(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.

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, privacy screen or similar structure bordering any designated Privacy Area.

An Owner shall not paint or seal any balcony or patio or attach any permanent covering to a balcony or patio.

(f) 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 re-pass 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.

(g) The Corporation, at its option, may require an Owner to pay electrical charges for and in connection with any plug-in facility where such plug-in facility is not metered to the Unit of an Owner who is using such plug-in facility.

59. 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 the provisions of the Act.

60. 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 of or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Corporation as Common Expenses.

The Corporation may, by Ordinary Resolution, require that all members of the Board be bonded by a recognized bonding institution in an amount not less than the total amount of the Capital Replacement Reserve Fund of the Corporation, the cost of such bonding to constitute a Common Expense of the Corporation.

61. 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 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 or stipend established pursuant to Bylaw 5(1).

62. (a) In this Bylaw:

(i) "Owner" includes a tenant; and

(ii) "Occupant" means a person present 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 more than thirty (30) days in any calendar year.

(b) An Owner or Occupant SHALL NOT:

(i) Use his Unit, or any part thereof, for any purpose which may be illegal or injurious to the reputation of the Project, for any commercial, professional or other business purposes, for hotel or guest-house-type purposes, or for any purpose involving the attendance of the public at such Unit, unless such use constitutes an authorized, permitted or discretionary use or approved "Type A home occupation" as defined in the relevant Municipal bylaw, provided such home occupation does not require deliveries, signage, storage of stock-in-trade, or public visits to the Unit.

No Owner or Occupant shall use a Unit to provide a day-care centre or commercial babysitting services without the prior written consent of the Board, which consent may be arbitrarily withheld.

(ii) Make or permit noise in or about any Unit or the Common Property, or 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.

(iii) Keep or allow any pet, animal, livestock or fowl of any kind at any time to be on his Unit, on the Common Property or on any Corporation property, other than household animals and pets as are normally permitted in private homes in urban residential areas, and then only if approved by the Board in writing, which approval may be withdrawn on reasonable grounds on fifteen (15) days' notice to that effect.

Additionally:

A) No livestock, snakes, rodents, reptiles, arachnids or fowl will be approved;

B) All dogs and cats approved must be hand-leashed outside a building 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 a pet to urinate or defecate on any Unit or Common Property and shall, if it occurs, clean up any animal waste immediately;

C) All pets shall be hand-leashed or carried on interior Common Property;

D) No pet shall be left unattended on a Privacy Area;

E) Any Municipal bylaws in effect with respect to pets at any point in time shall have effect within the Common Property, and Municipal enforcement officers are hereby authorized and permitted to enforce Municipal bylaws on the Common Property;

F) All pets must be licensed by the Municipality and vaccinated as required by the Municipality;

G) 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 an approved pet; and

H) The Board may request a pet deposit from an Owner.

(iv) Use or permit the use of his Unit other than as a Single Family Dwelling or for private residential use, except as may be permitted under the relevant Municipal bylaw as per Bylaw 62(b)(i) above.

(v) Permit his Unit to be occupied as a place of residence by more than two (2) persons per bedroom at any given time without the consent in writing of the Board.

The Board, on request, must be advised of the names and number of persons permanently residing in a Unit.

(vi) 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 or patio, without the prior written approval of the Board.

An Owner shall not apply any surface or overhead covering of any kind to a patio or balcony without the prior written consent of the Board. No items shall be stored or placed in a hallway.

(vii) Permit laundry, including towels and bathing suits, blankets, rugs 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.

(viii) Erect or place any building, structure, camper van, motorhome, 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.

Nothing shall be stored in a parking stall.

(ix) 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 a balcony, patio, or on the Common Property or on the real property of the Corporation, clothes lines, garbage disposal equipment, recreational or athletic equipment, bike racks, fences, hedges, barriers, partitions, awnings, shades or screens, extension cords 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 without the prior written consent of the Board.

No air conditioning system visible from the exterior of a Unit shall be installed or placed in a Unit or on the Common Property without the prior written consent of the Board.

(x) Overload existing electrical circuits or store any firearms or combustible, flammable or offensive goods, provisions or materials in his Unit or on the Common Property, including his parking stall or Privacy Area, except normal cleaning products or related household goods in a Unit and a barbecue on a Privacy Area.

(xi) 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 or the rate of fire insurance premiums with respect thereto, or which would render invalid any insurance maintained by the Corporation.

(xii) 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, bylaw or regulation of any government authority, whether Federal, Provincial, Municipal or otherwise.

(xiii) 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.

(xiv) Deposit customary refuse, recycling and garbage outside his Unit other than in proper secure garbage bags which are tightly wrapped and tied, and placed in the garbage receptacles or containers provided by the Corporation or the Municipality.

Additionally:

A) All bulk and hazardous waste items such as discarded household furnishings, electronic equipment, appliances, tires, paint, packing cartons or crates that the Municipality's Solid Waste Services Department will not normally collect shall be removed from the Project by the Owner at his sole cost and expense;

B) No Owner shall leave garbage outside a Unit or on a Privacy Area except in the receptacles as aforesaid;

C) All recyclable items for which bins are provided 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; and

D) Burning or smouldering material or flammable liquids or aerosol cans may not be placed in the garbage or recycling receptacles, containers or bins.

(xv) Erect, place, allow, keep or display signs, billboards, advertising matter or other notices or displays of any kind on the Common Property, including 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 that an Owner may display notice of an alarm system in a Unit without the approval of the Board.

An Owner must obtain prior written approval of the Board to display a "For Sale" sign in a window or on a patio or balcony.

(xvi) 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 use.

(xvii) In regard to parking and operating a Private Motor Vehicle on the Project:

A) Park in such a manner that a Private Motor Vehicle extends outside of the parking stall boundaries or interferes with or obstructs any walkway, passage, driveway or parking area.

A motorcycle or Smart Car may be parked in a parking stall with another Private Motor Vehicle, provided both fit entirely within the stall;

B) Use any common driveway or roadway other than for ingress to and egress from a parking stall. No parking is allowed on the roadway;

C) Wash Private Motor Vehicles anywhere on the Project;

D) Carry out any major repairs or adjustments to Private Motor Vehicles on the Project;

E) Allow trailers, campers, boats, snowmobiles, trail bikes, all-terrain vehicles, or any type of motor home or recreational vehicle or equipment to be parked or stored in a parking stall or on the Common Property;

F) Drive any Private Motor Vehicle on the Common Property at a speed in excess of fifteen (15) kilometres per hour or in any manner that the Board, in its sole discretion, deems hazardous or dangerous;

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) Keep on the Common Property any Private Motor Vehicle which is not currently licensed, insured and in operating condition;

I) Allow a visitor to his Unit to park his Private Motor Vehicle anywhere on the Project except in a stall designated by the Board for visitor parking.

No Occupant of a Unit is allowed to park in visitor parking at any time. All Occupants and visitors shall comply with the visitor parking policy of the Board as amended from time to time;

J) Park any Private Motor Vehicle anywhere on the Project which leaks oil, grease, fuel or antifreeze, or which is, in any other way, offensive or hazardous.

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;

K) Charge any electric Private Motor Vehicle, whether by trickle charge or otherwise, anywhere on the Project without the prior written consent of the Board;

L) Erect any structures or improvements on a parking stall without the prior written consent of the Board;

M) Allow any Private Motor Vehicle to run longer than the minimum time required. Motors must be turned off when the vehicle is parked; or

N) Store any items or personal property in a parking stall.

An Owner shall not obstruct or permit any walkway, passage or driveways or parking areas to be obstructed by his family, guests or visitors or their vehicles.

(xviii) 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.

(xix) Erect, place, allow or install door knockers or other door decorations on the exterior surface of any Unit entry door without the prior written consent of the Board.

(xx) Make or cause to be made:

A) Any structural, common mechanical, common plumbing, common drainage, common gas 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:

1) Submit detailed drawings and/or a detailed description of the proposed alteration, addition or renovation to the Board;

2) Pay the cost of any engineer, architect or other expert reasonably engaged by the Board to review the design and specifications, inspect the alteration, addition or renovation from time to time, or otherwise advise the Board, including advice that the Common Property and other Units will not be adversely affected;

3) Obtain, at his own expense, and provide the Board with all required 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;

4) Disclose all contractors and sub-contractors and provide evidence of appropriate insurance coverage, such as construction insurance, if applicable, and WCB coverage;

5) Provide copies of any final plans showing the changes after the renovations are completed, drawn on an "as-built" basis;

6) 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;

7) Ensure that all renovations are done between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday, with no work being done on weekends or statutory holidays, and shall comply with all Municipal noise bylaws;

8) Ensure removal of debris from the Unit and keep the Unit and 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

9) 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.

(xxi) Install a hot tub or jetted tub anywhere in a Unit or on the Project;

(xxii) Use a toilet, sink, tub, drain or other plumbing fixture for a purpose other than that for which it is constructed;

(xxiii) Dispose of fats, oils, grease, paint, towels, rags, personal hygiene products and wipes down sink drains, toilets, floor drains or into any part of the sewer system;

(xxiv) Leave water running unless it is in actual use in any Unit;

(xxv) Allow his Unit, parking stall, Privacy Area or the area around his premises to become untidy, 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;

(xxvi) Be responsible for any snow removal except from his balcony or patio.

An Owner must not shovel snow, run water, throw anything or allow anything to fall onto the Privacy Area of another Owner;

(xxvii) Use his balcony, patio, parking stall 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:

A) Each Owner will comply with all requests of the Board or its representatives regarding the clean-up or storage of such items;

B) Lawn furniture, neat storage boxes, flower pots and barbecues are permitted on patios or balconies;

C) No packing boxes, bicycles or storage of items are allowed on balconies or patios; and

D) No unsecured objects or unsecured flower pots shall be placed on any balcony railing.

An Owner shall not hang any flower pot from a balcony or patio, or balcony or patio ceiling, or the Building.

(xxviii) Feed or harbour pigeons, gulls, other birds, rabbits, squirrels 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;

(xxix) 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;

(xxx) Grow marijuana in a Unit;

(xxxi) Smoke, vape or allow smoking or vaping of any product or substance anywhere on the Common Property except on a balcony or patio or other area designated by the Board, and shall:

A) Attempt to restrict smoke, vapor and other noxious substances from entering adjoining premises;

B) Dispose of smoking material into a fire-retardant receptacle placed on such balcony or patio or other designated area;

C) Ensure such receptacle is filled with either sand or water; and

D) Not throw cigarette butts, matches or other smoking or combustible materials out of windows or over balconies or anywhere on the Common Property;

(xxxii) Move furnishings except during times and in accordance with policies established by the Board in its sole discretion from time to time;

(xxxiii) 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 and in accordance with the policies of the Board;

(xxxiv) Use or permit to be used any draperies or window coverings that are visible from the exterior of the Building unless such draperies are lined, and shall not use foil, flags, bed sheets, towels, garbage bags or other objectionable material on any window.

No Owner shall apply any film or tinting to any window visible from the exterior of the Building without the prior written approval of the Board.

Any window coverings existing at the date of registration of these Bylaws may remain until replaced;

(xxxv) Install any flags, wind socks, wind chimes or awnings on any Privacy Area or anywhere outside a Unit without the prior written consent of the Board;

(xxxvi) Prevent or prohibit access to and use of the exterior electrical outlets on the exterior of a Unit for the purposes of maintaining Common Property;

(xxxvii) Install any floor covering other than wall-to-wall carpet and underlay in a Unit unless the Owner has obtained the prior written consent of the Board, and the Board shall, amongst other things, consider elements of sound control and attenuation;

(xxxviii) 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 and storage areas, operating machinery or any other parts of the Common Property used for the care, maintenance or operation of the Project generally;

(xxxix) Cook on a patio other than using propane gas, up to a 20 lb. propane tank, or an electric barbecue.

All barbecues used on a patio or balcony shall be kept at least eighteen (18) inches away from a Building when in use.

No charcoal briquette barbecues shall be used anywhere on the Project. No solid fuel devices, open fires or fire pits shall be installed or used on the Project;

(xl) Use or allow to be used in the Building or in any Unit any fresh-cut Christmas tree;

(xli) Install or put in place, leave in place, allow to be installed or put in place, or left in place, any holiday decorations that will be visible from the exterior of the Unit or the Building, with the exception of the time period of thirty (30) days prior to and thirty (30) days after the occasion.

No outside holiday lights are to be left on the Building all year;

(xlii) Allow any windows in the Unit to remain open 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 left open when the outside temperature is, or is expected to be, below 10°C (50°F).

In the event of a breach hereof, the Owner shall be responsible for all losses and damage caused by such freezing pipes and mechanical systems to the Unit, other Units and the Common Property in accordance with these Bylaws;

(xliii) Allow a smoke detector in the Unit to fall into disrepair or non-use; and

(xliv) Leave a Unit vacant or unattended for in excess of seventy-two (72) hours without inspection by the Owner or his/her agent.

(c) The following rules and regulations govern the use of all Common Property storage areas:

(i) An Owner shall not permit any person to use a storage area unless such person is the lawful Occupant of a Unit;

(ii) Each Owner shall use his storage area only for the storage of non-perishable property owned by him;

(iii) No goods, materials, chattels or other property shall be stored in any such storage area 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;

(iv) No foodstuffs or dangerous, noxious, filthy, offensive, explosive or flammable materials are permitted in such storage area;

(v) Each Owner agrees that the Corporation shall have the right to enter into any storage area at all reasonable times for the purposes of inspecting and ensuring compliance with these rules and regulations;

(vi) An Owner may only store goods, materials, chattels or other property in his assigned storage area that are actually owned by him.

No items are to be stored above or beside the storage area;

(vii) Each Owner agrees to keep his assigned storage area securely locked at all times;

(viii) The Corporation is under no obligation as to the condition, temperature to be maintained or fitness of the storage area for the particular or general purposes of the Owner;

(ix) All goods and materials stored in the assigned storage area are at the Owner's sole risk.

Each Owner acknowledges that he is obligated to obtain and maintain in force sufficient insurance to protect the goods stored by him in his storage area 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;

(x) 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 area and may, at its sole option:

A) Require that the goods and materials of the Owner be removed from the storage area 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 area 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.

(d) The Board may make policy statements and rules as it deems appropriate to clarify the general restrictions set forth in Subsection (b) and (c) hereof, and those policy statements and rules shall have the same force and effect as any Bylaw once the Board has given written notice to all Owners and Occupants through such means as the Board deems proper.

(e) An Owner shall ensure that his Occupants comply with those requirements that the Owner must comply with under Subsection (b) and (c) hereof 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, 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 Bylaws and all rules and regulations of the Corporation during the term of my tenancy."

(f) 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; and

(iii) To develop a sense of community.

63. Should the Act be amended or changed in the future, then these Bylaws 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.

64. No person, organization or group shall be permitted to solicit, sell, canvass or fundraise on or in the Common Property or Project, whether for non-profit or charitable purposes or otherwise, without the written permission of the Board.

65. These Bylaws, 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.