Wilson Heights Bylaws (Covenant and Policy Manual)

1. These Bylaws are enacted by: Condominium Corporation No. 0510330, to replace the Bylaws set out in Appendix 1 of the Condominium Property Act (Alberta).

2. 2.1 The following definitions apply to all parts of these Bylaws:
a) "Act" means the Condominium Property Act, Revised Statutes of Alberta, 2000, Chapter C- 22, as amended from time to time;
b) "Board" or "Board of Directors" means the board of directors of the Corporation;
c) "Buildings" means any building or buildings situated on the Parcel;
d) "Corporation" means Condominium Corporation No. 0510330;
e) "Common Expenses" means the expense of performance of the objects and duties of the Corporation and any expenses specified as Common Expenses in these Bylaws;
f) "Common Property" means so much of the Parcel which does not comprise a Unit as shown on the Condominium Plan (the structure of the Buildings, the grounds, the Exclusive Use Areas, the Interior Common Areas,, etc.);
g) "Condominium Plan" means the plan registered under the Act as Plan No. 0510330;
h) "Developer" means Keystone Builders Ltd. or any successor or assign thereof;
i) "Exclusive Use Areas" means the balconies, patios and parking areas designated as exclusive possession areas on the Condominium Plan;
j) "Interior Common Areas" means so much of the interior of the Buildings which do not comprise a Unit as shown on the Condominium Plan (the interior corridors, including stairs and entrance vestibules, common storage areas, laundry areas, etc.);
k) "Occupant" means a person present in an Unit or on the Common Property with the permission of an Owner. Occupant includes Owners and tenants of an Owner;
1) "One-bedroom Unit" means any one of the following Units intended to be occupied as a residence, as shown on the Condominium Plan, namely: Unit 1, Unit 2, Unit 5, Unit 7, Unit 10, Unit 11, Unit 14, Unit 16, Unit 21, Unit 22, Unit 25, Unit 27, Unit 28, Unit 29, Unit 32, Unit 34, Unit 39, Unit 40, Unit 43, Unit 45, Unit 46, Unit 47, Unit 50 or Unit 52;
m) "Ordinary Resolution" has the meaning given to it in the Act. Generally, in order to pass, an ordinary resolution must be supported by Owners who collectively hold 51% of the votes;
n) "Owner" means the registered owner of a Unit or Units;
o) "Parcel" means the land and Buildings as shown on the Condominium Plan;
p) "Studio Unit" means any one of the following Units intended to be occupied as a residence, as shown on the Condominium Plan, namely: Unit 6, Unit 15, Unit 26, Unit 33, Unit 44 or Unit 51;
q) "Special Resolution" has the meaning given to it in the Act. Generally, in order to pass, a special resolution must be supported by 75% of the Owners who collectively hold 75% of the votes;
r) "Two-bedroom Unit" means any one of the following Units intended to be occupied as a residence, as shown on the Condominium Plan, namely: Unit 3, Unit 4, Unit 8, Unit 9, Unit 12, Unit 13, Unit 17, Unit 18, Unit 19, Unit 20, Unit 23, Unit 24, Unit 30, Unit 31, Unit 35, Unit 36, Unit 37, Unit 38, Unit 41, Unit 42, Unit 48, Unit 49, Unit 53 or Unit 54;
s) "Unit" means the area shown on the Condominium Plan as a unit which does not comprise the Common Property.
2.2 Unless the context otherwise requires, words and expressions which have a special meaning assigned to them in the Act or in the Land Titles Act (Alberta) have the same meaning in these Bylaws.
2.3 The rights and obligations given or imposed by these Bylaws are in addition to the rights and obligations given or imposed by the Act.
2.4 All reference to the Act or other laws shall be read so as to include applicable amendments and substitute legislation.
2.5 Wherever these Bylaws conflict with the Act, the Act prevails.
2.6 These Bylaws are to be read with all the changes in number and gender required by the context (eg: "he" can mean "he","she" or "they", depending on whether the paragraph applies to a man, a woman, or a group).
2.7 The headings in these Bylaws are inserted only for convenience of reference.

3. The Corporation has the exclusive right and obligation to:
a) enforce these Bylaws;
b) control, manage and administer the Common Property for the benefit of all the Owners and the Corporation;
c) place and maintain insurance in accordance with the Act and the regulations. Generally, the insurance will include:
i) replacement cost insurance on the Buildings;
ii) coverage for potential liability of the Corporation to third parties;
iii) coverage for potential liability of Board members.
d) maintain all Common Property within the Parcel. More specifically, the Corporation's maintenance obligations include:
i) fertilizing, watering and mowing lawns;
ii) removing ice and snow from all roadways, sidewalks and parking areas, within a reasonable time after they accumulate;
iii) repairing or replacing any pipes, wires, cables, ducts etc., unless such items are solely for the enjoyment of one Unit;
iv) arranging for garbage collection for all Units;
v) maintaining the parking areas;
vi) maintaining all Common Property outside of the Buildings, including roofs, stucco and exterior doors and windows;
vii) providing and maintaining reasonable outside lighting and sprinkler systems;
viii) maintaining all fencing, decks, patios, balconies, driveways, sidewalks, etc.;
e) operate and maintain all Interior Common Areas within the Buildings;
f) keep copies of all warranties, guarantees, drawings, specifications, plans, written agreements, certificates and approvals relating to the Parcel;
g) carry out any other duties which the Act imposes on the Corporation.

4. The Corporation has all the powers it requires in order to carry out its duties. For example, the Corporation may:
a) acquire or dispose of personal property (such as maintenance equipment, furniture, artwork, etc.) and interests in land, provided that land shall only be acquired or disposed of by Special Resolution of the Corporation;
b) borrow money and grant such security as may be required to ensure repayment of the loan;
c) permit an Owner or Owners to exercise exclusive possession in respect of any area or areas of the Common Property, including Exclusive Use Areas or Interior Common Areas;
d) enter into an agreement respecting the provision of amenities or services to an Owner or an Occupant of an Unit;
e) do all things reasonably necessary to enforce the Bylaws and any rules passed pursuant to these Bylaws;
f) enter into management agreements and recreational agreements;
g) levy fines, not exceeding $200.00 per infraction, for the contravention of any Bylaw;
h) enforce the provisions of any restrictive covenant registered against the Parcel or any Unit which benefits the Corporation or any Owner;
i) commence such legal proceedings as it deems necessary to carry out its duties under the Act and these Bylaws;
j) adopt policies and/or rules concerning various matters of common concern to the Occupants, such as:
i)  the rental of Units to tenants. Such rules may include the imposition of damage deposits, a requirement that tenant sign an undertaking to be bound by the Bylaws, procedures for giving tenants notice to vacate, and any other rules which the Corporation could reasonably make to protect the lifestyle of Occupants in the Parcel;
ii) Occupants' use of Interior Common Areas and Exclusive Use Areas;
iii) changes to Units which have a significant impact on Occupants of other Units;
k) do such other things as are necessary to accomplish the things the Corporation is permitted or required to do by the Act or these Bylaws.

5. 5.1 Until the Developer has transferred ownership of 75% of the Units or the first annual general meeting of the Owners, whichever shall last occur, the Board of Directors shall consist of one (1) nominee of the Developer. Thereafter, the Corporation shall have a Board of Directors consisting of not less than two (2) and not more than seven (7) members.
5.2 At an election of members of the Board, each person entitled to vote may vote for as many nominees as there are vacancies to be filled on the Board.
5.3 A person need not be an Owner to be elected to the Board.
5.4 Only one Occupant of an Unit may sit on the Board at one time.
5.5 An Owner whose condominium fees are more than thirty (30) days in arrears is not eligible to be nominated for election to the Board.

6. 6.1  Board members are elected for a one (1) year term. In other words, Board members elected at an annual general meeting hold office until the conclusion of the annual general meeting held in year after they were elected to the Board.
6.2 The Owners may, by special resolution at a general meeting, remove any member of the Board before his term of office expires.
6.3 Upon prior written notice to the Board member affected, the Board may declare that the office of the member is vacated if the member:
a) becomes bankrupt under the Bankruptcy Act (Canada);
b) becomes mentally incompetent;
c) is more than sixty (60) days in arrears in payment of any contribution required to be made by him as an owner;
d) is absent from three (3) consecutive meetings of the Board without permission of the Board.

7. If a vacancy occurs on the Board, the Board may appoint another qualified person to fill the vacancy for the remainder of the former member's term.

8. 8.1 The Board shall designate, from its members, a President, a Vice-President, a Secretary and a Treasurer. In addition to any specific duties which the Board assigns to them, the officers of the Corporation shall have the following duties:
a) The President is responsible for the daily execution of the business of the Corporation. He acts pursuant to the resolutions of the Board, or by its subsequent ratification. The President is also responsible for chairing Board meetings and annual general meetings.
b) The Vice-President shall assist the President and replace him from time to time if he is absent or unable to carry out his duties;
c) The Secretary shall record and maintain the minutes of the Board meetings and shall be responsible for all the correspondence of the Corporation.
d) The Treasurer shall, in conjunction with the property manager,:
i) receive all money paid to the Corporation and deposit it as the Board may direct;
ii) properly account for the funds of the Corporation and keep such books as the Board may direct;
iii) when directed to do so by the Board, present a detailed accounting of receipts and disbursements of the Corporation, and
iv) prepare financial statements for the previous fiscal year and a budget for the current fiscal year for submission to the annual general meeting.
8.2 A person ceases to be an officer of the Corporation if he ceases to be a member of the Board.
8.3 If 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.

9. 9.1 The Board shall meet:
a) at such times and places as the Board directs;
b) when any member of the Board gives the other members not less than seven (7) days' notice of the meeting, specifying the reason for calling the meeting;
c) in emergency situations, at the call of the President. In these situations, the President shall use his or her best efforts to ensure that all Board members receive notice of the meeting.
9.2 Generally, Board meetings may be conducted without formal rules of procedure as long as all Board members are given a reasonable chance to participate in the meetings. If a Board member so requests, Board meetings shall follow Robert's Rules of Order.
9.3 A quorum at a Board meeting shall be a majority of the Board members.
9.4 At Board meetings, all matters shall be determined by majority vote. If a vote is tied, the Chair is entitled to a casting vote in addition to his original vote.

10. A written resolution signed by a majority of the members of the Board, has the same effect as a resolution passed at a duly convened meeting of the Board.

11. The Board shall adopt a corporate seal. The Corporation's formal signature consists of the signature(s) of the President or any two (2) Board members, accompanied by the seal.

12. 12.1 The Board may prescribe other forms of signature for various types of documents where a formal signature is not required. Examples include:
a) signing authority for cheques, deposits and other banking documents;
b) letters issued by the Corporation, in accordance with Board resolutions.
12.2 The Board may authorize a property manager (or other agent) to issue estoppel certificates and replies to information requests, under seal or otherwise.

13. Generally the Board is responsible for carrying out all the duties of the Corporation. More specifically, the duties of the Board include:
a) enforcing these Bylaws;
b) controlling, managing and administering the Corporation's property, including the Common Property;
c) placing and maintaining the insurance coverages required under the Act and these Bylaws;
d) adopting a budget (for Common Expenses) and assessing and collecting condominium fees to cover those expenses;
e) preparing and distributing financial statements;
f) meeting the requirements of the Act and these Bylaws concerning the capital replacement reserve fund;
g) providing Owners, purchasers or mortgagees with any information required to be provided under the Act or these Bylaws;
h) filing notices at the Land Titles Office as required under the Act;
i) calling and holding general meetings.
j) providing notices of meetings to those mortgagees who have given the Corporation written notice of their mortgages and of their intention to exercise the Owner's voting rights;

14. Generally the Board has all the powers it reasonably requires to carry out its duties. More specifically, the Board's powers include:
a) hiring agents, contractors or employees (including a property manager);
b) delegating various powers and duties (and revoking such delegations);
c) charging reasonable fees for providing documents required under the Act or these Bylaws;
d) establishing rules and policies concerning various issues. All such rules and policies shall have the force of a Bylaw, as long as the policy respects the spirit of these Bylaws;
e) taking whatever legal steps are required to enforce the Bylaws.

15. 15.1 In accordance with the Act, the Board shall (every 5 years) obtain a "Reserve Fund Report", which:
a) lists all the parts of the Common Property which are expected to require replacement or major repairs within twenty-five (25) years;
b) estimates the cost of those replacements or repairs;
c) recommends one or more ways of funding the estimated repair/replacement costs.
15.2 After receiving the report, the Board shall adopt a "Reserve Fund Plan" which describes how the expected repairs/replacements will be funded.
15.3 The Board shall provide each Owner with a copy of the Reserve Fund Plan within a reasonable time after the Plan has been adopted.
15.4 As part of its annual financial statements, the Board shall prepare a statement showing the funds flowing in to (and out from) the Capital Replacement Reserve Fund, during the year.

16. 16.1 If the Board determines that a breach of a Bylaw is occurring, it may, by resolution, cause a notice to be delivered to the Owner alleged to be in breach. The notice shall specify the nature and particulars of the breach, as well as a reasonable time within which the breach is to be rectified. The time specified shall be no earlier than three (3) days from the date the notice is delivered to the Owner involved.
16.2 If the resolution so provides, the Board may impose a fine, not exceeding $200.00 per infraction, which will be levied if the breach has not been rectified within the time specified in the notice. If the Board intends to levy a fine, the notice alleging the breach shall include a notice to that effect.
16.3 If the person alleged to be in breach is a tenant, the notice shall be served on both the tenant and the Owner, and it shall specify whether the Owner, the tenant, or both are liable for payment of the fine.
16.4 Each day of a continuing breach shall be deemed to be a separate contravention of a Bylaw.

17. 17.1 Each year, the Board shall convene an annual general meeting of the Owners within ninety (90) days after the end of the Corporation's fiscal year.
17.2 In addition, the Board may convene a general meeting of the Owners whenever it considers it proper to do so.
17.3 On the written request of Owners who collectively hold at least 35% of the voting rights in the Corporation, the Board shall convene a general meeting of the Owners.
17.4 Whenever a general meeting is to be convened, the Board shall give each Owner at least seven (7) days' written notice of the meeting. The notice shall state:
a) the place, date and time of the meeting,
b) the nature of any special business to be discussed at the meeting.
17.5 An annual general meeting or a general meeting (or anything done at that meeting) is not invalid by reason only that a person was inadvertently not given a notice of the meeting.
17.6 At any meeting where a Bylaw is to be amended or replaced, the Board shall give each Owner a written copy of the text of the proposed amendment at least seven (7) days before the meeting. The amendment or replacement shall be by Special Resolution.

18. 18.1 Except as otherwise provided in these Bylaws, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present (or represented by proxy) at the meeting.
18.2 A quorum for a general meeting is the number of persons whose total votes represents at least 2500 unit factors.
18.3 If a quorum is not present within thirty (30) minutes from the appointed starting time, a general meeting shall stand adjourned to the following week, at the same time and place. At the adjourned meeting, if a quorum is not present within thirty (30) minutes from the appointed starting time, the Owners who are present constitute a quorum for the purpose of that meeting.

19. 19.1 The order of business at annual general meetings shall be as follows:
a) call to order by the Chair;
b) proof of notice of meeting and confirmation of quorum; 
c) reading and disposal of any unapproved minutes;
d) reports of officers;
e) election of members of the Board;
f) unfinished business;
g) new business;
h) adjournment.

20. 20.1  Unless a polled vote is demanded, all resolutions shall be decided by a show of hands. The Chair's declaration that a resolution has been carried by show of hands is conclusive proof of that fact, without proof of the number or proportion of votes recorded in favour of (or against) that resolution.
20.2 The Chair of the meeting shall not vote upon a show of hands.
20.3 On a show of hands, each Unit is entitled to one vote.
20.4 Except for matters requiring a Special Resolution, all matters shall be determined by a simple majority vote.

21. 21.1 Any person entitled to vote on a resolution may demand that a poll (i.e. a secret ballot) be taken. A person demanding a poll may also withdraw that demand. Upon the demand being withdrawn, the vote shall be taken by a show of hands.
21.2 Polls shall be taken in such a manner as the Chair thinks fit. The result of the poll shall be deemed to be the resolution of the meeting.
21.3 On a poll, the votes of persons entitled to vote shall correspond with the unit factors for the Units owned by or mortgaged to them. The results of the poll shall be determined by the totals of unit factors voted for or against the resolution.
21.4 If a polled vote is tied, the Chair shall direct a recount. If the vote remains tied, the Chair shall cast a deciding vote, in addition to his or her original vote.

22. 22.1 Any person entitled to vote may do so personally or by proxy. On a show of hands, a person carrying another voter's proxy may indicate that he is showing hands for one or more Units.
22.2 A proxy instrument must be in writing and signed by the person making the appointment as well as the person being named as the proxy. Proxy instruments may be general or restricted to a particular meeting or issue. A person named as proxy need not be an Owner.
22.3 If a corporation owns a Unit, it may appoint a person to vote on its behalf by a proxy instrument, signed by an authorized officer of such corporation.

23. 23.1 Whenever a mortgagee of an Unit has given the Corporation notice of its mortgage, the Owner involved may exercise his right to vote only when the mortgagee is not present at the meeting, in person or by proxy.
23.2 An Owner whose condominium fees are more than fifteen (15) days in arrears is not eligible to vote at a general meeting unless the vote concerns a Special Resolution.

24. 24.1 If an Unit is owned by more than one person, each of those co-owners may vote personally or by proxy.
24.2 In the case of a vote taken by a show of hands, co-owners are entitled to one vote between them.
24.3 In a polled vote, each co-owner is entitled to vote all of the unit factors allocated to the Unit which he or she co-owns. However, if more than one co-owner of the same Unit wishes to vote, each co- owner may vote for that portion of that Unit's unit factors as is proportionate to the co-owner's interest in the Unit. For example, if each of 2 co-owners of a Unit wish to vote, each of them may vote 1⁄2 the unit factors allocated to that Unit.
24.4 Any co-owner may demand that a poll be taken.

25. A written resolution, signed by persons who hold enough votes to pass the resolution at a meeting, has the same effect as a resolution passed at meeting.

26. Owners and occupants must allow access for inspections and repairs, maintain and repair their units, pay all taxes and utilities, follow bylaws and rules, handle garbage properly, and inform the Corporation of changes in ownership, rentals, or encumbrances. They must also comply with reasonable requests from the Board.

27. Except with the written consent of the Board, Owners and Occupants shall not:
a) use a Unit or the Common Property, including the Interior Common Areas, in a way that unreasonably interferes with the use and enjoyment by other Occupants;
b) use a Unit or the Common Property in a manner (or for a purpose) that is illegal or that is likely to cause a nuisance or a hazard to other Occupants;
c) permit his Unit to be occupied as a place of residence by more than: two (2) Occupants, if the Unit is a Studio Unit; three (3) Occupants, if the Unit is a One-bedroom Unit; or, four (4) Occupants, if the Unit is a Two-bedroom Unit. For the purpose of this Bylaw, an Occupant is occupying a Unit as a place of residence if such person is regularly and ordinarily present in that Unit for a period exceeding thirty (30) consecutive days or an accumulated total of sixty (60) days within a three hundred sixty five (365) day period;
d) make undue noise in the Unit or on the Common Property;
e) place signs, billboards, notices or advertising matter of any kind on any part of the Common Property, including the Exclusive Use Areas;
f) attach, erect or fasten any antenna, ariel, satellite dish, etc. to any Unit or Common property, including the Exclusive Use Areas and Interior Common Areas;
g) do anything that will increase the risk of fire, or result in an increase of any insurance premiums payable by the Corporation;
h) use a toilet, sink, tub, drain or other plumbing fixture for a purpose other than that for which it was constructed;
i) hang or place on the Common Property, including any Exclusive Use Area, anything that the Board considers aesthetically displeasing or offensive;
j) leave household articles outside the Unit when those articles are not in actual use;
k) paint, decorate or otherwise affect the portions of the Unit which are required to be maintained by the Corporation;

l) store combustible materials (gasoline, propane, etc.) anywhere within the Common Property or a Unit unless suitable safety precautions have been taken;
m) obstruct a sidewalk, walkway, passage, driveway or other such areas;
n) erect or plant any fence, screen, barrier, awning, shade, partition, tree, shrub or flower unless the improvement is entirely within an Unit;
o) hold an auction sale, garage sale or any other such sale involving the general public;
p) make structural, mechanical or electrical changes to an Unit unless the changes do not affect the areas which the Corporation is required to maintain, or any other Unit. All electrical work within the Unit must be performed by a journeyman electrician.

28. 28.1 Occupants are not allowed to keep or allow pets (other than birds or fish) in their Units at any time unless approved by the Board, in writing, and the Board may, if such approval has been given, withdraw such approval on fifteen (15) days notice in the event of a breach of the Act or the Bylaws by the Occupant or his or her pet.

29. 29.1 Except with the written permission of the Board, Occupants may not:
a) park an oversized motor vehicle (being motor vehicles over 3000 kg.) anywhere on the Common Property or the Exclusive Use Areas (eg: motor homes, recreational vehicles, etc.);
b) park a motor vehicle which is bigger than the stall in which it is parked;
c) park (in any stall) a motor vehicle which they know is leaking oil, antifreeze or any other fluid.
29.2 The Board may prescribe rules in relation to the use of parking areas. All persons using those areas shall abide by those rules.

30. 30.1 The Owner of each Unit has the right to exclusive use and possession of the parking stall which is designated on the Condominium Plan for the exclusive use of that Unit.
30.2 The Board is entitled to adopt reasonable rules concerning Occupants' use of the parking stalls, including:
a) rules dealing with the appearance of the stalls;
b) rules dealing with maintenance issues (snow removal, pothole repair, etc.).

31. 31.1 Each Occupant has the right to exclusive use and possession of the balcony or patio which is designated on the Condominium Plan for the exclusive use of that Unit.
31.2 The Board is entitled to adopt reasonable rules concerning Occupants' use of their balconies and patios, including:
a) rules dealing with the general appearance of balconies and patios;
b) rules dealing with activities which are likely to affect neighbouring Owners (barbecues, amplified music, etc.);
c) rules concerning the enclosure of balconies or patios;
d) rules dealing with plants located on balconies (to prevent damage caused by over-watering, etc.).

32. 32.1 The Interior Common Areas located in each Building shall be regarded as the "related common property" (as that term defined in the Act) of those Occupants whose Units are located within the respective Buildings (the "Related Units"); Occupants of Related Units have the shared right to the exclusive use and possession of the Interior Common Areas necessarily incidental to and associated with the intended use of the Related Units. For example, the Units designated on the Condominium Plan as Units 1 through 9 are Related Units and each of the Occupants of those Related Units are the only Occupants entitled to right to the use and possession of the Interior Common Areas located in that particular Building.
32.2 The Board is entitled to adopt reasonable rules concerning Occupants' use of the Interior Common Areas, including:
a) rules dealing with the general use, maintenance and appearance of Interior Common Areas;
b) rules dealing with the access to and security of Interior Common Areas;
c) rules prohibiting smoking in Interior Common Areas;
d) rules dealing with the use of laundry and common storage facilities located in Interior Common Areas.

33. No building or structure shall be erected on the Common Property, except by the Corporation.

34. 

35. No auction sale or other sale shall be held within the Parcel without the prior written consent of the Board.

36.0. The Common Expenses of the Corporation shall include the following:
a) charges for utilities supplied to the Corporation;
b) the property manager's fees;
c) the costs of landscaping, maintenance and snow removal;
d) the costs of maintaining the Common Property as well as any portions of the Units which the Corporation is obligated to maintain;
e) the cost of placing and maintaining the insurance required by the Act and these Bylaws;
ก all professional and consulting costs, including without limiting the generality of the foregoing, legal and accounting fees and disbursements;
g) all other charges which the Corporation incurs in good faith in relation to its obligations under the Act and these Bylaws;
h) reserves for future maintenance, repairs, replacements and related expenses;
i) any utility charges which are centrally metered and therefore billed to the Corporation, rather than to individual Owners;
j) the costs of acquiring equipment which the Board thinks should be acquired in order to carry out it duties.

36.1. The Developer (and its employees, contractors and agents) shall be entitled to:
a) use one or more Units owned by it for the purpose of a show home or a sales centre;
b) erect reasonable signage and pursue all reasonable promotional operations;
c) have reasonable access to all parts of the Buildings for the purpose of completing unfinished Units, Interior Common Areas and Common Property;
d) have access to the Common Property at all reasonable hours to display them to prospective purchasers;

37. 1 At least thirty (30) days prior to the beginning of each fiscal year, the Board shall prepare a budget, showing:
a) an estimate of the Common Expenses that will be incurred during the year;
b) a reasonable allowance for contingencies;
c) an allowance for any surplus or deficiency anticipated from the past year.
2 Each year's estimated Common Expenses shall be apportioned and assessed to the Owner's in the proportion that each Owner's unit factors bear to the total of the unit factors in the Parcel, subject, however, to the provisions of Bylaw 39.
3 If the amounts estimated prove inadequate for any reason (including nonpayment of an Owner's assessed contribution), the Board may levy such further assessments as are required.
4 Unless the Board directs another method of payment, each Owner shall pay his assessment to the Corporation in equal monthly instalments, due on the first day of each month during the fiscal year for which such assessment is made.
5 Interest on all assessed contributions in arrears accrues at the rate of 1.5% per month, on a simple basis (being 18% per annum), calculated from the date due until payment is received by the Corporation. The Board may waive or reduce the requirement to pay interest, on a case by case basis, as it sees fit.
6 If the Board fails to prepare a budget and assess contributions as directed by these Bylaws, the monthly instalments fixed for the preceding year shall continue until new instalments are fixed.

38. 1 The Corporation has the right to recover from any Owner, by an action for debt:
a) the unpaid amount of any assessment, together with interest and the actual costs incurred by the Corporation (including legal costs and bank charges related to NSF cheques, etc.) in recovering the unpaid assessment;
b) any costs incurred by the Corporation in performing the Owner's duties as outlined in the Act or these Bylaws;
c) any other amount which an Owner owes the Corporation.
2 The Corporation also has a charge against the estate of the defaulting Owner, for any amounts that the Corporation has the right to recover under these Bylaws. The charge shall be deemed to be an interest in land, and the Corporation may register a caveat in that regard against the title to the defaulting Owner's unit. The Corporation shall not be obliged to discharge the caveat until all arrears, including interest and enforcement costs have been paid.
3 No action shall be commenced and no caveat shall be registered until the payment in question is at least fifteen (15) days overdue.
4 Any person may pay any unpaid contribution with respect to the Unit after the expiration of fifteen (15) days following the due date for payment by the Owner in default. Upon such payment being made, such paying person shall be subrogated to the Corporation's charge, and shall be entitled to enforce his or her charge in accordance with this provision.

39. After the first Board has adopted a budget, the Developer will be responsible for paying condominium fees for all unsold Units in proportion to the unit factor allocated to those Units. However, until such time as the Developer has sold 50% of the Units, or, the first annual general meeting of the Owners is held, whichever last occurs, the Corporation shall rebate to the Developer the portion of those condominium fees which relate to the Capital Replacement Reserve Fund.

40. The provisions of the Bylaws are independent and severable. The invalidity of all or part of any shall not affect the validity of the remaining Bylaws, which shall continue in full force and effect as if the invalid portion had never been included.

41. These Bylaws may be amended or repealed only by Special Resolution of the Corporation.

Policy 1. This policy has been developed by the By-Law Committee and approved by the Board of Directors to accommodate and enhance the Corporation's existing by-law 4(j) (i) with reference to rental of units to tenants. The goal with this and any other policy incorporated is to offer the members of the Corporation guidelines, which allow for consistency with the enforcement of the existing by-laws.
In the event that any Owner desires to lease or rent his Unit he shall furnish to the Corporation an undertaking, in form satisfactory to the Corporation, signed by the proposed lessee or occupant, that the proposed lessee or occupant of the Unit will comply with the provisions of the Act and of the By-Laws of the Corporation. The Owner shall not be released of any of his obligations and shall be jointly and severally liable with the proposed lessee or occupant with respect to such obligations.

The Board, at its discretion may:
- Impose and collect deposits under Section 53 of the Act. If any deposit is used in accordance with the Act or these By-laws, the Owner shall replace that portion of the deposit used within ten (10) days of being notified, in writing, by the Board of its use;
- Give notices to give up possession of Units under Section 54 of the act; and
- Make applications to the Court under Sections 55 and 56 of the Act.

No tenant shall be liable for the payment of contributions or assessments or Common Expenses under these By-laws unless notified by the Corporation that the Owner from whom he rents to Unit is in default of payment of contributions, in which case the tenant shall deduct from the rent payable to the Owner, such default contributions and shall pay the same to the Corporation. Any such payment by the tenant shall be deemed to be a rental payment made to the Owner.

Policy 2. This policy has been developed by the By-Law Committee and approved by the Board of Directors to accommodate and enhance the Corporation's existing by-law 27(p) with reference to structural changes to an individual unit. The goal with this and any other policy incorporated is to offer the members of the Corporation guidelines, which allow for consistency with the enforcement of the existing by-laws.

Except with written consent of the Board, an owner and/or occupant shall not permit any structural alternation to be made to the outer boundary of any Unit including walls (whether partition walls, bearing walls or otherwise), ceiling, floor or to any exterior door or window of any Unit except as set out in this policy.

In the event that an Owner should wish to make renovations to the respective Units, then the Board's consent shall be first had and obtained in writing and the Board may give its consent or withhold consent as it sees fit in the circumstances, or consent with such conditions as it sees fit in the circumstances. In any event, if consent is given, then the following provisions must be met as a minimum, plus such others as the Board may determine:

The owner shall give detailed drawing of the proposed renovation, and if any services which are shared by any other Unit or the common property is affected, then certificates from such experts as are required to confirm how such service will be affected by the proposed change, and copies of any required permits, such as building permits etc.

Copies of any final plans showing the changes after the renovations are completed, drawn on an "as built" basis, and if requested by the Board, advice from any professional engineer or similar person, that any common property affected will not be adversely affected, and Course of construction insurance, if applicable, and an agreement that the work will only be done between the hours of 8:00 A.M. to 8:00
P.M. and that adequate arrangements have been made to remove debris from the complex, and keep the common property in a clean and neat condition, both after the renovations as well as while the work is being 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.

Not make any changes in any of the gas lines, the plumbing or electrical system within or outside any Unit without the consent of the Board, and if consent is given, then the owner shall deliver to the Board such permits and drawings as the Board may require and such other requirements as the Board may require.

Policy 3. This policy has been developed by the Board of Directors to accommodate and enhance the Corporation's existing by-laws with reference to Parking Lot Standards at the complex. The goal with this and any other policy incorporated is to offer the members of the Corporation guidelines, which allow for consistency with the enforcement of the existing by-laws.

Assignment of Stalls

Owners are assigned one parking stall (marked with their suite number) with the purchase of their suite.

Should an additional stall be required, a request is to be submitted to the Board or Management.

Additional stalls will be assigned and owners/occupants will be charged $120/year for such additional stalls to run from Jan 01-Dec 31. Rental fee will not be pro-rated should the Owner/Occupant sell their unit/vehicle or no longer require the additional stall.

A second stall is available to rent ONLY if the household has more than one vehicle insured and registered to them.

A parking permit will be issued to any occupant that rents a second stall, which is to be visible when parked at the complex. Model of vehicle along with its license plate number of all vehicles being parked in the parking lot shall be supplied to Management.

No owner or occupant shall occupy more than two stalls.

Occupants are to park in their assigned parking stalls only.


Vehicles

No Backing into parking stalls.

All vehicles that are parked on the Corporation’s premises are to be registered, carry liability insurance and be in running order. Any vehicles that are not properly insured and registered and/or are not in running order may be towed away at the owner's expense.

Only private passenger vehicles and motorcycles are allowable in the parking lot. 
No recreational vehicles/trailers are to be parked in the area. No occupant shall park a motor vehicle, which is bigger than the stall in which it is parked.


Visitor Parking

There is visitor parking available for occupant's guests. Guests are allowed to utilize the visitor parking stalls for 72 hours. Should guests plan to be at the complex and require to park in visitor parking longer than 72 hours, please notify the Board or Management.


Abandoned Vehicles

Should a vehicle be left in the parking lot that appears to have been abandoned, the Board or Management will make an attempt to determine if the owner of the vehicles resides at the complex by leaving notice on the vehicle. If after 72 hours the owner of such vehicle has not contacted the Board or Management, authorities will be contacted to have the vehicle towed away at the owner's expense.


Care for Stalls

An occupant may not park in any stall a motor vehicle that they know is leaking oil, antifreeze or any other fluid.

It is the occupant's responsibility to maintain their stall including clean-up of any such accidental leak, sweeping and snow removal between the visits of the contractor hired by the Corporation.

Extension cords are not to be left lying in the parking stall or on the sidewalk when not in use. Extension cords are to be removed from the parking stall and stored in the occupants unit after the winter months.

Mechanical work not permitted in parking lot or in stalls.

Policy 4. This policy has been developed by the Board of Directors to accommodate and enhance the Corporation's existing by-laws with reference to the appearance of the complex. The goal with this and any other policy incorporated is to offer the members of the Corporation guidelines, which allow for consistency with the enforcement of the existing by-laws.


Storage of Bicycles

Bicycles are allowed to be stored in an occupant's suite, however no longer allowed to be stored on their balconies. Two bike racks along with the two sheds on site are available to occupants that require space to store their bikes. Occupants are cautioned that storage of their bicycles in these common areas is done so at their owner risk. The Corporation will not be held responsible for any loss or damage to an occupant's bicycle while being stored.


Please do not:
-Store your bicycle under the stairwells Store your bicycle in the laundry rooms.
-Store your bicycle in the mechanical room.
-Store or secure your bicycle to any apparatus on the exterior of the building/grounds excepting the bicycle racks provided.
-Track mud, dirt or debris through the common area that might be on the tires of your bicycle.

Please note that it is the owner's/occupant's responsibility to ensure that they transport their bicycles within the common area of the complex without causing damage to walls, doors, carpets etc. Repairs to damage or cleaning required that is caused by an owner/occupant transporting their bicycles within the complex would be charged to that owner/occupant.

Policy 5. This policy has been developed by the Board of Directors to accommodate and enhance the Corporation's existing by-laws with reference to Balcony Standards at the complex. The goal with this and any other policy incorporated is to offer the members of the Corporation guidelines, which allow for consistency with the enforcement of the existing by-laws.

Effective May 31st, 2022 screening material used by occupants at the complex may be used as long as the material is below the height of the railing.
Applications must be reviewed by the Board then policy noted as listed in Handbook.

Policy 6. This policy has been developed by the Board of Directors to accommodate and enhance the Corporation's existing by-laws with reference to Balcony Standards at the complex. The goal with this and any other policy incorporated is to offer the members of the Corporation guidelines, which allow for consistency with the enforcement of the existing by-laws.


Appearance of Balcony

The appearance of the individual balcony has a direct impact of the aesthetic appeal of the entire complex. As such, the Board and Management ask owners to show their pride of ownership throughout the complex.

Please keep your balcony in a tidy appearance at all times.

Acceptable Items on your balcony
--Owners are not permitted to store their bikes on their balconies
--No Feeding Birds on Balconies
--Potted plants and hanging potted plants are permitted and welcome. Please ensure that there is a tray under your pots in order to catch the water. Your flowering pots should be removed from your balcony and put in storage during the off-season. Dead plants should be removed immediately
--Decorative garden flags are permitted but need to be properly installed


Please do not
- Store garbage (or recycling in garbage bags) on your decks. The garbage is an invitation to pests. No garbage bags on the balconies please
- No storage of cardboard boxes on the balconies. Owners can keep a maximum of 3 totes stored on their balcony, which can hold the occupant's belongings and/or recycling. The totes must have lids and not be allowed to overflow
- Patio furniture is permitted - Barbeques are permitted
- Christmas lights are a nice addition to the celebration of the season. Lights and decorations can go up no earlier than November 15 and must be removed no later than January 15 

Items not listed above are not permissible on the balconies without permission from the Board or Management.

Please do not:
- Hang laundry outside on your balcony.
- Hang mats over the railings.
- Shake mats, brooms etc. over your balcony - remember, it could affect your neighbor below.
- Throw cigarette butts over your balcony.

Policy 7. This policy has been developed by the Board of Directors to accommodate and enhance the Corporation’s existing by-law 26.1(9). The goal with this and any other policy incorporated is to offer the members of the Corporation guidelines, which allow for consistency with the enforcement of the existing by-laws.
According to the Corporation’s bylaw.

Tightly wrap, tie, deposit and otherwise deal with garbage as directed by the Board and by the applicable Bylaws and regulations of the municipality.

Policy 8. This policy has been developed by the Board of Directors to accommodate and enhance the Corporation's existing by-laws. The goal with this and any other policy incorporated is to offer the members of the Corporation guidelines, which allow for consistency with the enforcement of the existing by-laws.

According to the Corporation's bylaws, "Occupants are not allowed to keep or allow pets (other than birds or fish) in their Units at any time unless approved by the Board, in writing and the Board may, if such approval has been given, withdraw such approval on fifteen days notice in the event of a breach of the Act or Bylaws by the occupant or his or her pet.

All requests submitted to the Board for consideration must be accompanied with the appropriate pet application. Occupants will not be authorized to keep more than two pets in their suite at anytime, regardless of whether the animal is staying a short time.

Residents are responsible for the activity of visitors and their pets that they may bring on site.

Existing arrangements will be grandfathered.

All Tenants must have the owner of that units written approval, submitted with a Pet Application.


Cats
1) Outdoor cats must be kept on a leash at all times when outside of their Unit and on the common area of the complex
2) Feces/discharge that occurs on the common area of the complex is to be cleaned up and removed by the pet owner immediately
3) No cats are allowed in the laundry area
4) Due to possible allergies of other occupants, washing machines, dryer vents and folding areas must be void of cat hair when pet owner is taking care of their laundry
5) Cats are to be carried outside avoiding walking in the hallways and stairwells of the complex
6) Owner must maintain proper health examinations and vaccinations
7) Weight must not be more than 25lbs


Dogs
1) Breeds considered to be vicious or unpredictable will not be approved
2) Dogs must be kept on a leash at all times when outside of their Unit and on the common area of the complex
3) No dogs are allowed in the laundry area
4) Due to possible allergies of other occupants, washing machines, dryer vents and folding areas must be void of dog hair when the pet owner is taking care of their laundry
5) Dogs are to be carried outside avoiding walking in the hallways and stairwells of the complex
6) Feces/discharge that occurs on the common area of the complex is to be cleaned up and removed by the pet owner immediately
7) Owner must maintain proper health examinations and vaccinations
8) Weight must not be more than 25lbs

Restriction Age: 1. For the purposes of this agreement, the following definitions shall apply:

1.1
(a) "Act" shall mean the Condominium Property Act, being Chapter C-22 of the Revised Statutes of Alberta, 2000, as amended, and any statute or statutes which may be passed in substitution for or replacement of such Act.
(b) "Condominium Plan" means the condominium plan registered as plan number 0510330 in the Land Titles Office for the South Alberta Land Registration District.

1.2
(c) "Corporation" means the condominium corporation constituted under the Act by the registration of the Condominium Plan.
(d) "Owner" means an owner of a Unit and "Owners" means each and every such Owner.
(e) "Unit" means any one of the units legally described as Units 10 through 36, inclusive, on the Condominium Plan, and "Units" means each and every such Unit.

Where a term is not defined herein it shall have the meaning ascribed by the Act.

Restriction Age: 2. 2.1 Each Owner (the "Grantor"), as owner of the Unit owned by him or her (the "Servient Unit"), does hereby covenant to and agree with and in favour of the other Owners (collectively, the "Grantees"), as owners of the other Units (the "Dominant Units"), and in favour of the Corporation, as the agent authorized by the Owners to enforce the provisions hereof, that the Servient Units, and each and every Servient Unit, shall only be occupied as a place of residence by an Owner, his or her children, guests or tenants who have obtained thirty (30) years of age.

2.2 For the purpose of clause 2.1, a person shall be deemed to be occupying a Unit as a place of residence if such person is regularly and ordinarily present in that Unit for a period exceeding thirty (30) consecutive days or an accumulated total of sixty (60) days within a three hundred sixty-five (365) day period.

Restriction Age: 3. 3.1 This agreement shall be perpetual and the covenants herein shall be covenants running with the land and enure to the benefit of and be binding on the parties hereto and their respective successors and assigns, provided, however, no covenant herein shall be personally binding upon a party except during such time that he or she remains an Owner of the Unit subject to the breach and no action shall lie against that party unless he or she is then and remains the registered Owner of the Unit subject to the breach which breach is adjudged by a court of competent jurisdiction. This clause 3.1 shall constitute an absolute defence to any such action and may be pleaded as such.

3.2 The Corporation, being agent for all Owners of the Units, is hereby granted and acknowledged to have all of the rights, privileges and benefits of the Owners hereunder, with full right and authority, in its own name, to take all proceedings in enforcement, remedy and recovery of damages arising from breach or default of the Owner of the Servient Tenement (or any of its successors in title) of any provision hereof.

3.3 The parties hereto shall peaceably hold and enjoy all the rights, privileges, liberties and covenants granted herein in their favour without any interruption or hindrance from the parties granting the same or from any persons claiming by, through, under or in trust for them.

3.4 All notices contemplated or required to be given in this agreement shall be in writing directed to the party to whom it is given and may be mailed by registered mail or delivered in person to the party to whom it is given at that party's address as shown on the certificate of title for the Unit owned by that party; in the case of the Corporation notice shall be mailed or delivered to its address on record at the Land Titles Office. Any notice mailed by registered mail shall be deemed to have been given to and received by the addressee seven (7) days after the postmark date hereof, and if the same is delivered, as soon as delivery has been made to the party's address as set out herein, provided that in the case of interruption of postal services, all notices shall be delivered in person.

3.5 The parties hereto agree to register this agreement or a caveat or other encumbrance relating thereto in the Land Titles Office for the South Alberta Land Registration District.

3.6 This agreement is to be read with all changes of number and gender as required by context. The preambles shall form part of this agreement.

3.7 This agreement shall be construed in accordance with the laws of the Province of Alberta.

3.8 The waiver by any party hereto of the strict performance of any covenant, condition or stipulation herein contained shall not of itself constitute a waiver of or abrogate such covenant, condition or stipulation, nor be a waiver of any subsequent breach of the same or any other covenant, condition or stipulation, unless the waiver is in writing, signed by the party or parties agreeing to the waiver and expressly acknowledging it as such in the written notice of waiver.

3.9 Should any provision of this agreement become illegal, invalid or not enforceable, it shall be considered separate and distinct from this agreement and the remaining provisions shall remain in force and be binding upon the parties.