These are the reproduced Bylaws of the Legacy Crossing condominium corporation (See Disclaimer).
1. 1.1 In these By-laws, 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 therefore;
b. "Architectural Standard" means those specifications for design and appearance as prescribed in
the Restrictive Covenant defined in section 1.1 (t) herebelow;
c. "Board" means the Board of Directors of the Corporation;
d. "Building" means any residential dwelling constructed on a Unit and forming an integral part
thereof;
e. "By-laws" means the By-laws of the Corporation, as amended from time to time, but do not
include the statutory By-laws found in the Appendices of the Act;
f. "Common Expenses" mean the expense of performance of the objects and duties of the
Corporation and any expenses specified as Common Expenses in these By-laws;
g. "Common Property" means those portions of the Condominium Plan which are designated
"Common Property", so much of the Parcel as is not comprised in or does not form part of any
Unit shown on the Condominium Plan, such additional portions of the Parcel not designated as a
Unit as shall from time to time be designated Common Property by the Developer and any Unit
acquired for common use of the Owners and Occupants of the Project as herein provided for;
h. "Condominium Plan" means the condominium plan registered under the Act as No. 0813927;
L "Corporation" means the corporation constituted under the Act by the registration of the
condominium plan whose legal name is "Condominium Corporation No. 0813927;
j. "Developer" means 364639 Alberta Ltd. or any successor or assign thereof;
k. "Insurance Trustee" means an entity authorized to carry on the business of a trust company under
the laws of Alberta selected from time to time on ordinary resolution of the Board, whose duties
include the receiving, holding and disbursing of proceeds of policies of insurance pursuant to
these By-laws and the Act. If no insurance Trustee is appointed, then the Insurance Trustee shall
be the Board;
L "Interest Rate" means that rate of interest per annum which may be or shall become payable
hereunder by an Owner in respect of monies owing by him to the Corporation and shall be equal
to the commercial prime rate in Lethbridge, Alberta of the Canadian chartered bank or Alberta
Treasury Branch with which the Corporation conducts its banking business, plus Four (4%)
percent on the earliest date on which any portion of the said monies becomes due and payable by
an Owner;
m. "Managed Property" means the Common Property and all those parts of the Units including the
portions of the Buildings thereon which, pursuant to these By-laws, the Corporation is required to
administer, control, manage, maintain and repair as if the same were Common Property;
n. ''Manager" means any property manager contractually retained by the Board to assist the Board in
carrying out the duties imposed on the Corporation;
o. "Occupant" or "Tenant" means the rightful and lawful occupant or lessee of a Building or Unit,
whether or not the Occupant is an Owner, and includes all family members, invitees, licensees,
servants and guests of such Occupant or Tenant;
p. "Ordinary Resolution" has the same definition and meaning given in the Act;
q. "Owner" means a person who is registered as the Owner of the fee simple estate in a Unit and
where the term "Owner" is used in By-law 62, that term includes a tenant;
r. "Parcel" means the land comprised in the Condominium Plan;
s. "Project" means all of the real and personal property and fixtures comprising the parcel land and
buildings which constitute the Units and Common Property;
t. "Restrictive Covenant" means that Restrictive Covenant and Easement registered against title to
all of the Units as Instrument No. ________ , or any amendment, substitution or
replacement of such registration by Court Order or otherwise;
u. "Special Resolution" has the same definition and meaning given in the Act;
v. "Spouse" includes a person who holds that position usually enjoyed by a Spouse whether or not
he or she is legally married;
w. ''Unanimous Resolution" means a resolution:
i. Passed unanimously at a properly convened meeting of the Corporation by all the persons
entitled to exercise the power of voting conferred by the Act or these By-laws
representing the total Unit factors for all Units; or
ii. Signed by all persons who, at a properly convened meeting of the Corporation, would be
entitled to exercise the powers of voting conferred by the Act or these By-laws;
x. "Unit" means land that is situated within the Parcel and is described as a Unit in the
Condominium Plan by reference to boundaries governed by monuments, placed pursuant to the
provisions of the Surveys Act respecting subdivision surveys;
y. "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.
1.2 Words and expressions which have a special meaning assigned to them in the Act have the same meaning
in these By-laws and other expressions used in the 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 of Alberta or the Law of
Property Act of Alberta, as amended from time to time or in any statute or statutes passed in substitution
therefor.
1.3 Words importing the singular number also include the plural and vice versa, and words importing the
masculine gender include the feminine gender or neuter, and vice versa, and words importing persons
include firms and corporations and vice versa, where the context so requires.
2. 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
The rights and obligations given or imposed on the Corporation or the Owners under these Bylaws are in addition to any rights or obligations given or imposed on the Corporation or the Owners under the Act;
c. CONFLICT WITH ACT
If there is any conflict between the By-laws and the Act, the Act prevails;
d SEVERABILITY
The provisions of these By-laws shall be deemed independent and severable, and the invalidity in
whole or in part of any article, section, part or provision herein, shall not affect the validity of the
whole or remaining articles, parts, sections or provisions herein contained, which shall continue
in full force and effect as if the invalid portion had never been included herein;
e. INTEREST AND DUE DATE
Any monies whatsoever payable by an Owner to the Corporation for whatever reason shall bear
interest at the Interest Rate (unless the Corporation should otherwise agree in writing)
notwithstanding that there may be no reference, inference or specific provision allowing or
permitting the Corporation to charge interest on any amounts, costs, expenses, assessments, sums
or charges that may be payable by an Owner to the Corporation pursuant to or under these Bylaws.
The obligation to pay interest under this provision shall supersede and take priority over any
provision that may be contrary to the same, and where there is any provision in the By-laws
obligating an Owner to pay monies to the Corporation, the Owner shall automatically be obligated
to pay interest at the Interest Rate on such monies by virtue of this provision. Where it is unclear
or imprecise in these By-laws as to when interest commences and is calcu1ated from, such interest
at the Interest Rate shall be calcu1ated as at and from the date that the Corporation provides an
Owner with any written notice, letter, invoice, bill, account, demand or any other written
communication whatsoever for the payment of monies by: an Owner to the Corporation;
PROVIDED, however, that in the event that any By-law specifically stipulates or states when an
Owner is required to pay any amounts, costs, expenses, assessments, sums or charges to the
Corporation and such By-law is precise as to the date when interest commences and is calculated
from, then those provisions as set forth in such By-laws to the commencement and calculation of
interest shall apply.
f. EXTENDED MEANINGS
i. 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 any thing to which such repair could be made.
ii. If and whenever reference hereunder is made to "Owner", it is hereby implied and extended
to include in its meaning a Tenant of an Owner, an Occupant of an Owner's Unit or any
other person, firm or corporation that an Owner is responsible for at law, unless such Bylaw
in which the term "Owner" appears is expressly or implicitly by the context of such
By-law excludes the inclusion of either a Tenant, an Occupant or any other person, firm or
corporation that an Owner is responsible for at law.
3. 3. An Owner SHALL:
a. Permit the Corporation and its agents, at all reasonable times on a minimum of twenty-four (24)
hours notice (except in case of emergency 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;
v. gaining access to meters monitoring the use of any utility
In the event the Corporation must gain access for the aforesaid purposes by using a locksmith, the
cost of such locksmith shall be borne by the Unit Owner.
b. forthwith carry out all work that may be required pursuant to these By-laws or ordered by any
municipality or public authority in respect of his Unit and pay all rates, taxes, charges, outgoings
and assessments that may be payable in respect of his Unit;
c. duly and properly repair and maintain (including replacement where necessary):
i. the interior of his Unit and all improvements and additions thereto; and
ii. all windows (which includes all glass, sashes and sliding glass doors but excludes
structural frames) and wash all of the windows that are accessible to the Occupant; and
iii. all window coverings such that any repairs and/or replacements are the same or similar to
the window coverings provided with the unit by the developer at the time of
development and/or as determined by the Board from time to time;
iv. all wood, patio and screen doors and all structural components and hardware relating to
all interior doors;
v. his mailbox;
vi. his door bell buttons, door knobs and locks;
vii. all light fixtures and their bulbs attached to the exterior of the Building;
vii. any thermostats and any interior wall or ceiling mounted air conditioning equipment that
provides cooled air to the residential Unit;
BUT EXCLUDING the painting of the exterior surface or finishing of the outside of any
windows or access doors and all other outer boundaries, walls and other outside surfaces and
roofs and eaves troughs and all other outside hardware and accoutrements (except as noted
herein) affecting the appearance, usability, value or safety of the Unit, and keep his Unit in a state
of good repair, except such maintenance, repairs and damages as are insured against by the
Corporation or for which the Corporation is responsible pursuant to these By-laws;
d. maintain and keep in a neat, clean and tidy state and appearance consistently with and in total
integrity with the balance of the Project, his Unit and all Buildings, improvements and additions
thereon and if an Owner shall not maintain his Unit to a standard similar to that of the remaining
Project, the Corporation may give ten (10) days notice to the Owner to this effect and if such
notice has not been complied with at the end of that period, then the Corporation may carry out
such work and the provisions of By-law 58 shall apply;
e. not paint nor make any repairs, additions or alterations to the Common Property, the Managed
Property, 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 plumbing, mechanical or electrical
systems within his Unit without first obtaining the written consent of the Corporation;
f. use and enjoy his Unit and the Common Property in accordance with these By-laws and all rules
and regulations prescribed by the Corporation and in such a manner as to not unreasonably
interfere with the use and enjoyment thereof by other Owners, their families or visitors;
g. not use his Unit or permit it to be used in any manner for any purpose which may be illegal,
injurious or that will cause nuisance or hazard to any occupier of another Unit (whether an Owner
or not) or the family of such an occupier;
h. not do any act or permit any act to be done or alter or permit to be altered, his Unit ( or any
Buildings thereon) in any manner whatsoever, which will alter either the appearance or grade of
his Unit or of any other Units or the appearance of any Building thereon.
i not do or permit anything to be done that may cause damage to or will alter the appearance of any
of the Managed Property or the Common Property (including any area to which the Owner has
been granted exclusive use) without first obtaining the written consent of the Corporation;
j. notify the Corporation forthwith upon any change of Ownership or of any mortgage, lease or
other dealing in connection with his Unit;
k. comply strictly with these By-Jaws and with such rules and regulations as may be adopted
pursuant thereto from time to time and cause all occupiers of and visitors to his Unit to similarly
comply;
l. pay to the Corporation (or if requested to the Manager) when due all contributions levied or
assessed against his Unit together with interest on any arrears thereof at the Interest Rate
calculated from the due date and the Corporation is hereby permitted to charge such interest in
accordance with Section 40 of the Act;
m 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 such legal expenses shall
be paid on a solicitor and his own client full indemnity basis;
n. allow the Corporation, its representatives and persons authorized by the Corporation, entry to his
Unit in the event of an emergency, for the purposes of protecting the property of other Owners or
occupiers and the property of the Corporation, and in the event his Unit is so entered, the Owner
shall save harmless and indemnify the Corporation, its agents and employees from any claims
arising from such entry;
o. upon the request of the Corporation, obtain or have any manager who leases the Unit on behalf of
an Owner obtain from any Tenant an undertaking in writing to the following effect:
"I, ____________, covenant and agree that I, the members of my
household and my guests from time to time will, in using the Unit rented by me, any privacy
areas related to the Unit and all the Common Property, comply with the Condominium Property
Act, the By-Jaws and all rules and regulations of the Condominium Corporation during the term
of my tenancy.
p. keep in a clean and slightly condition, any privacy area ( nd 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 and if the Owner shall not maintain such
privacy area to a standard similar to that of the remaining Common Property, the Corporation may
give sixty (60) 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 44
shall apply.
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, lease 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 15% of the current year's Common Expenses
budget has been approved by Special Resolution;
c. secure the repayment of monies borrowed by it, and the payment of interest thereon, by
negotiable instrument, or mortgage of unpaid contributions (whether levied or not), or mortgage
of any property vested in it, or by any combination of those means;
d. invest as it may determine any contribution 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 other Occupant of a Unit for the provision of
amenities or services by it to the Unit or to the Owner, Tenant or Occupant thereof;
f. grant to an Owner the right to exclusive use and enjoyment of part of the Common Property or the
Managed Property, any such grant to be determinable on reasonable notice, unless the
Corporation by Special Resolution otherwise resolves;
g. make such rules and regulations as it may deem necessary or desirable from time to time in
relation to the use, enjoyment and safety of the Managed Property and the Common Property and
do all things reasonably necessary for the enforcement of these By-laws and for the control,
management and administration of the Common Property (including but not limited to the privacy
areas, parking areas and parking spaces) generally including the commencement of an action
under Section 36 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 on such other basis as may be determined by the
Board or as otherwise herein provided;
j. charge interest under Section 40 of the Act on any contribution or Common Expenses owing to it
by an Owner at the Interest Rate;
k. pay an annual honorarium, stipend or salary to members of the Board in the manner and in the
amounts as may be from time to time determined by Ordinary Resolution at a general meeting;
L. join any organization serving the interests of the Corporation and assess the membership fee in
such organization as part of the Common Expenses;
m. do all things which are, either or both, incidental or conducive to the exercise of its powers
granted under the Act and the By-laws;
n. subject to any limitations and prohibitions contained in the Act, these By-laws and otherwise by
law, have such powers and do all such things which any body Corporate shall be empowered and
authorized to do under the Business Corporations Act of Alberta (as amended and replaced from
time to time) and do all things and have such rights, powers and privileges of a natural person;
o. purchase, acquire, own and operate real property (provided such real property is a Unit or
Common Property) for the general use or benefit of the Owners, and acquire and grant (as the
case may be) rights to joint access or mutual use including entering into and observing and
performing any agreement for joint or mutual administration and management thereof to share
services or facilities.
6. The powers and duties of the Corporation shall, subject to any restriction imposed or direction given at a general meeting, be exercised and performed by the Board.
7. Notwithstanding the provisions of Section 28(10) of the Act, until the first annual general meeting of the non-Developer Owners, the Board shall be composed of a majority of the nominees of the Developer, unless the Developer should waive this provision. Thereafter, the Board shall consist of not less than three nor more than seven individuals who may be nominees of the Developer, Owners or spouses of Owners, representatives of mortgagees of Units, representatives or principals of corporate Owners or any combination of the foregoing, and the composition of the Board pursuant to the provisions of this By-law shall be elected at each annual general meeting (although members may also be elected at an extraordinary general meeting). Where a Unit has more than one Owner, only one Owner in respect of that Unit may sit on the Board at any point in time.
8. At each annual general meeting of the Corporation all of the members of the Board shall be deemed to have retired from office and the Corporation shall elect new Board members accordingly.
9. A retiring member of the Board shall be eligible for re-election. An Owner who has not paid to the Corporation the contributions due and owing in respect of that Owner's Unit is not eligible for election to the Board. This By-law shall not operate so as to disentitle any nominee of the Developer to be elected to the Board by reason of the Developer's exemption from paying contributions to the Corporation by virtue of these By-laws. Any prospective member of the Board shall, as a condition of his nomination, make full disclosure of any potential conflict of interest and any direct or indirect relationship he or she may have with the Corporation either contractual financial or employment related.
10. Except where the Board consists of representatives of the Developer pursuant to By-law 7 herein, the Corporation may, by resolution at an extraordinary general meeting, remove any member of the Board before the expiration of his term of office and appoint another Owner in his place, to hold office until the next annual general meeting.
11. Where a vacancy occurs on the Board under By-law 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 By-laws 7 and 9
12. Except where the Board consists of representatives of the Developer pursuant to By-law 7 herein, and except during the period before the first annual general meeting, a quorum of the Board is two where the Board consists of four or less members, three where the Board consists of five or six members and four when it consists of seven members. Any member of the Board may waive notice of a meeting before, during or after the meeting and such waiver shall be deemed the equivalent of receipt of due and proper notice of the meeting.
13. At the first meeting of the Board held after each annual general meeting 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 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 offices.
14. The President shall act as Chairman of every meeting of the Owners 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.
15. The other duties of the officers of the Board shall be as determined by the Board from time to time.
16. At meetings of the Board all matters shall be determined by simple majority vote. A resolution of the
Board in writing signed by all of the members shall have the same effect as a resolution passed at a
meeting of the Board duly convened and held.
17. The Board MAY:
a. meet together for the conduct of business, adjourn and otherwise regulate its meetings as it thinks
fit, and it shall meet when any member of the Board gives to the other members of the Board not
less than three (3) days notice of a meeting proposed by him, specifying the reason for calling the
meeting provided that the Board shall meet at the call of the President on such notice as he may
specify without the necessity of the President giving reasons for the calling of the meeting.
b. appoint or employ for an on behalf of the Corporation such agents or servants as it thinks fit in
connection with the controi management and administration of the Common Property and the
exercise and performance of the powers and duties of the Corporation;
c. subject to any 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 of any professional real property
management firm or professional real property manager or agent for such purposes (including but
not so as to limit the generality of the foregoing the 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 to 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 duties of the Corporation so long as
those duties are performed in a good and sufficient fashion. If under such contract the Manager
holds funds for the Corporation, the contract shall require the Manager to arrange or maintain a
fidelity bond owned by and in the name of the Corporation and for the benefit of the Corporation
and such bond shall be in an amount required by the Corporation but in any event not less than:
i. the total amount of any Capital Replacement Reserve Funds as required under the Act or
its Regulations in the hands of or controlled by the Manager; and
ii. one month's total condominium contributions of the Corporation or 1/12 of the total
annual condominium contributions for all Units in the Project (excluding any special
assessments) whichever is great; and
iii. a sum representing the average monthly amount of cash in the control of the Manager.
At all times when the Board consists only of nominees of the Developer no such contract shall
provide for an initial term in excess of two (2) years and the termination provisions of Section 17
of the Act shall apply thereto;
e. enter into an insurance trust agreement in form and on terms as required by any Insurance
Trustee.
f. set and charge for and on behalf of the Corporation reasonable fees to compensate the
Corporation for expenses it incurs in producing and providing any documents or copies required
to be issued by it under the Act or pursuant to these By-laws.
18. The Board SHALL: a. subject to any valid restrictions 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. d. cause proper books of account to be kept in respect of all sums of money received and expended by it and the matters in respect of which receipt and expenditure shall take place; e. prepare, or cause to be prepared, proper accounts relating to all monies of the Corporation, and the income and expenditure thereof for each annual general meeting; f. maintain financial records of all the assets, liabilities and equity of the Corporation; g. on written application of an Owner or mortgagee, or any person authorized in writing by him, make the books of account available for inspection at a time convenient to the Board or the Manager; h. at least once a year, cause the books and accounts of the Corporation to be audited by an independent Chartered Accountant to be selected at each annual general meeting of the Corporation and cause to be prepared and distributed to each owner and to each mortgagee who has, in writing, notified its interest to the Corporation, a copy of the audited Financial Statements of the receipts of contributions of all Owners towards the Common Expenses and disbursements made by the Corporation and a copy of the Auditor's Report within ninety (90) days at the end of the fiscal year of the Corporation. The report of the Auditor shall be submitted to each annual general meeting of the Corporation. The audit obligations under this paragraph may be waived upon the passing of a Special 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 any by the Act to be maintained by the Corporation; k. within fifteen (15) days of a person becoming or ceasing to be a member of the Board, file or cause to be filed at the Land Titles Office a notice in the prescribed form stating the name and address of that person and the day that the person became or ceased to be, as the case may be, a member of the Board 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. appoint committees to fulfill any function the Board deems necessary, including if necessary an audit committee, maintenance committee or social committee and may appoint any other committee for any purpose it sees fit. Each committee shall appoint a chairman and each chairman shall report to the Board on each committee's activities. Any committee of the Board shall have only that authority to deal with the Owners of Units, the occupants of Units, or others, as the Board may expressly confer on each committee; n. ensure that all matters are dealt with in accordance with the Freedom of Information and Protection of Privacy Act and Regulations (Alberta).
19. All acts done in good faith by the Board are, notwithstanding it be afterwards discovered that there was some defect in the appointment or continuance in office of any member of the Board, as valid as if the member had been duly appointed or had duly continued in office.
20. The office of a member of the Board shall be vacated if the member:
a. by notice in writing to the Corporation resigns his office; or
b. dies; or
c. is in arrears more than sixty (60) days of any contribution, levy or assessment required to be made
by him as an Owner; or
d. becomes bankrupt; or
e. is found lunatic or becomes of unsound mind, or is the subject of a Certificate of Incapacity
issued under the Dependent Adults Act or any Act passed in substitution therefore; or
f. is convicted of an indictable offence; or
g. is absent from meetings of the Board for a continuous period of three (3) months or three (3)
consecutive meetings without the consent of the remaining members of the Board and a majority
of the remaining members of the Board resolve at the next subsequent meeting of the Board that
his office be vacated; or
h. he ceases to qualify for membership pursuant to By-Law 7; or
L. in the case of a company which is a member of the Board, if the company shall become bankrupt
or make an assignment for the benefit of creditors or if proceedings are commenced to wind up
the company, otherwise than for the purpose of amalgamation or reconstruction; or
j. is refused bonding, at a reasonable premium, by a recognized bonding institution; or
k. commences any legal proceedings against the Board or the Corporation.
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, except that where the Board consists solely of representatives of the Developer one signature shall be sufficient for the purposes of this By-law.
23. The first annual general meeting of the non-Developer Owners shall be convened by the Board within the time prescribed by the Act. Subsequent annual general meetings shall be held once in each calendar year, and not more than fifteen (15) months shall e1apse between the date of one annual general meeting and that of the next.
24. All general meetings other than annual general meetings shall be called extraordinary general meetings.
25. The Board may whenever it thinks fit and shall upon a requisition in writing by Owners representing not less than 50% of the total Unit factors for all the Units or upon the request in writing from mortgagees holding registered mortgages (and who have notified their interest to the Corporation) against Units in respect of which corresponding Unit factors represent not less than 50% of the total Unit factors or a combination of such Owners or mortgagees entitled to vote with respect to 50% of the total Unit factors convene an extraordinary general meeting which meeting shall be held within thirty (30) days of the Board's receipt of the said requisition. The agenda for such meeting shall include any legally valid items specified by the requisitioners.
26. A minimum of seven (7) days notice of every general meeting specifying the place, the date and the hour of meeting (and in the case of special business the general nature of such business) shall be given to all Owners and mortgagees who have notified their interest to the Corporation. Notice shall be given to the Owner and to such mortgagees in the manner prescribed in these By-laws, but the accidental omission to give notice to an Owner or mortgagee, or non-receipt by an Owner or mortgagee, does not invalidate the meeting or any proceedings thereat. In computing the number of the days of notice of a general meeting required under these By-laws, the day on which the notice is deemed to have been received and the day of the meeting shall be counted Notice of any meeting may be waived either at, before or after the meeting by persons entitled to vote at the meeting and such waiver shall be deemed the equivalent of receipt of due and proper notice of the meeting
27. All business that is transacted at an annual general meeting, with the exception of the consideration of
accounts and election of members to the Board, or at any extraordinary general meeting, shall be deemed
special
28. Save as in these By-laws otherwise provided, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business and one-quarter of the persons entitled to vote representing not less than one-quarter of the Unit Factors present in person or by proxy shall constitute a quorum.
29. If within thirty (30) minutes from the time appointed for a meeting of the Corporation, a quorum is not present, the meeting shall stand adjourned for a further fifteen (15) minutes and if after the fifteen (15) minute adjournment a quorum is not present, the persons entitled to vote who are present constitute a quorum.
30. The President of the Board shall be the Chairman of all general meetings or in his absence from the meeting or in case he shall vacate the chair, the Vice-President of the Board shall act as Chairman provided always that if the President and Vice-President be absent or shall vacate the chair or refuse to act, the meeting shall elect a Chairman.
31. The Order of Business at general meetings, and as far as is appropriate at all extraordinary general
meetings shall be:
a. if the President or Vice-President of the Board shall be absent or elects to vacate the chair or
refuses to act, the election of the Chairman of the meeting;
b. call to order by the Chairman and establish quorum;
c. calling of the roll and certifying of proxies;
d. proof of notice of meeting or waiver of notice;
e. reading and disposal of any unapproved minutes;
f. reports of officers;
g. reports of committees;
h. financial report;
i. appointment of auditors;
j. election of Board;
k. unfinished business;
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 be 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 or against the resolution. Except for matters requiring a Special Resolution or Unanimous Resolution, all matters shall be determined by Ordinary Resolution.
33. A poll, if demanded, 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 in addition to his original vote. A demand for a poll may be withdrawn.
34. On a show of hands, each person entitled to vote for any Unit shall have one vote for that Unit. On a poll, the votes of persons entitled to vote for such Unit shall correspond with the number of Unit Factors for the respective Units owned or mortgaged to them.
35. Votes at any general meeting may be given either personally or by proxy.
36. An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney, and may be either general or for a particular meeting. A proxy need not be an Owner.
37. Except in cases where by or under the Act a Unanimous Resolution or Special Resolution is required, no Owner is entitled to vote at any general meeting unless all assessments payable in respect of his Unit have been duly paid to the date thirty (30) days prior to the date of such meeting but the presence of any such defaulting Owner shall be included in the count for quorum constitution purposes pursuant to By-law 28.
38. a. Co-Owners may vote by proxy but only if the proxy is jointly appointed by them or by one of the co-Owners appointed by the other or all others, as the case may be, and in the absence of such proxy, co-Owners are not entitled to vote separately on a show of hands except when a Unanimous Resolution is required by the Act, but any one co-Owner may demand a poll; b. On any poll, each co-Owner is entitled to such part of the vote applicable to a Unit as is proportionate to his interest in the Unit. The joint proxy (if any) on a poll shall have a vote proportionate to the interest 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 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. Notwithstanding the provisions of these By-laws with respect to appointment of a proxy, where the Owner's interest is subject to a registered mortgage and where the mortgage or these By-laws or any statute provides that the power of vote conferred on an Owner may or shall be exercised by the mortgagee and where the mortgagee has given written notice of his mortgage to the Corporation, no instrument or proxy shall be necessary to give the mortgagee the said power to vote and the mortgagee's power to vote shall not be limited or proscribed by the Owner's failure to pay contributions.
42. a. Any infraction or violation of or default under these By-laws or any rules and regulations
established pursuant to these By-laws on the part of an Owner, his servants, agents, licensee,
invitees, Occupants or Tenants that has not been corrected, remedied or cured within ten (10) days
of having received written notification from the Corporation to do so, may be corrected, remedied
or cured by the Corporation and any costs or expenses incurred or expended by the Corporation
including costs as between a solicitor and his own client on a full indemnity basis, in correcting,
remedying or curing such infraction, violation or default shall be charged to such Owner and shall
be added to and become part of the assessment of such Owner for the month next following the
date when such costs or expenses are expended or incurred (but not necessarily paid) by the
Corporation and shall become due and payable on the date of payment of such monthly
assessment and shall bear interest both before and after judgment at the Interest Rate until paid;
b. In addition, the Corporation may also recover from an Owner by an action for debt in any court of
competent jurisdiction any sum of money which the Corporation is required to expend as a result
of any act or omission by the Owner, his servants, agents, licensees, invitees, Occupants or
Tenants, which violates these By-laws or any rules or regulations established pursuant to these
By-laws and for which ten (10) days prior written notice has been given by the Corporation and
there shall be added to any judgment, all costs of such action including costs as between a
solicitor and his own client on a full indemnity basis. Nothing herein shall be deemed to limit any
right of any Owner to bring an action or proceeding for the enforcement and protection of his
rights and the exercise of his remedies;
c. In addition, the Corporation may also exercise the powers provided for in Section 35 and Section
36 of the Act, and accordingly, if the Board determines that a breach or violation of any By-law
or of any rules or regulations established pursuant to these By-laws has occurred or is occurring,
the board may impose a penalty by fine as follows:
i. for a first breach or infraction of a By-law by an Owner (which for the purpose of this
By-law includes such Owner's servants, agents, licensee, invitees, Occupants or
Tenants), the Board may impose a penalty by fine on such Owner not to be less than
$25.00 and not to exceed $10,000.00;
ii. for a second breach or infraction of a By-law by an Owner (which for the purpose of this
By-law includes such Owner's servants, agents, licensees, invitees, Occupants or
Tenants) the Board may impose a penalty by fine on such Owner not to be less than
$50.00 and not to exceed $10,000.00;
iii. for a third (or more) breach or infraction of a By-law by an Owner (which for the
purpose of this By-law includes such Owner's servants, agents, licensees, invitees,
Occupants or Tenants) the Board may impose a penalty by fine on such Owner not to be
less than $100.00 and not to exceed $10,000.00;
iv. if the breach or infraction of a By-law by an Owner (which for the purpose of this By-law
includes such Owner's servants, agents, licensees, invitees, Occupants or Tenants) is in
the determination of the Board a continuous infraction or violation of the By-law, the
Board may impose a penalty by fine on such Owner not to be less than $25.00 per day
and not to exceed $10,000.00 in the aggregate. (Each day of a continuing breach shall be
deemed a contravention of the By-law);
The foregoing penalties shall be payable immediately by an Owner, subject to the Owner's right
to appeal herebelow within ten (10) days of receipt of a written notice from the Board specifying
the violation and the amount of the penalty or fine imposed;
d. An Owner aggrieved by a fine levied pursuant to By-law 42(c) may appeal the actions of the
Board to an extraordinary general meeting of the Owners convened in the manner specified by
these By-laws;
i. The Owners convened in an extraordinary general meeting may rescind, amend or
confirm the actions of the Board, and in so doing may inquire into all the circumstances
of the alleged breach, its rectifications, any fine levied or leviable, the collection or
forgiveness of any fine, and generally, to act in their discretion to uphold the By-laws.
ii. The appeal to the Owners shall be conducted according to rules of natural justice. No
error in procedure shall operate so as to nullify the proceedings unless the error is
sufficiently grave so to prejudice the rights of all or any one of the Owners;
iii. An Owner's right to appeal any penalty imposed by the Board pursuant to By-law 42(c)
shall expire sixty (60) days following receipt of the notice specified in By-law 42(c) or
the date that proceedings have been commenced against the Owner pursuant to Section
36 of the Act, whichever shall last occur.
e. The rights and remedies of the Corporation as set forth in By-law 42 are supplemental to and not
in substitution for any other rights or remedies that the Corporation may have under these By
laws, the Act and the Regulations under the Act, at law or at equity, or otherwise. The
Corporation may exercise, employ or pursue its rights and remedies under these By-laws,
including without limitation, the rights and remedies under By-law 42, either selectively,
cumulatively or consecutively, and the election by the Corporation to pursue or employ any one
right or remedy or to pursue or employ several rights or remedies together shall not constitute an
election by the Corporation to abandon any of its other rights or remedies, none of which are
waived by the Corporation.
43. a. During such time as the Developer, its successors or assigns, is the Owner of one or more Units, it shall have the right to maintain a reasonable number of Units, whether owned or leased by it, as display Units and to carry on all sales, leasing functions and construction management as it considers necessary from such Units. The Developer, its agents, employees and mortgage inspectors shall have the right to enter onto any Unit and access to the Common Property in order to complete any incomplete items, repair deficiencies, inspect the Unit and make any modifications or repairs to the utilities; b. Notwithstanding anything to the contrary contained in these By-laws, the Developer shall be relieved and shall not be liable for any condominium fees or assessments whatsoever as resolved or assessed by the Corporation in respect of the Project, and no condominium fees, charges, levies, assessments or costs shall be charged by the Corporation to the Developer or paid by the Developer by reason of the same; provided always that the Developer is not responsible for payment of the same, nor shall the purchaser of such Unit be responsible for such fees, charges, levies, assessments or costs that may have been chargeable against the Unit being purchased during the time that the Developer was the Owner of the same. c. At all times while the Developer is constructing, building or improving any portion of the Project, the Developer shall have the unfettered and exclusive right to complete such construction, building or improvements without interference, interruption or obstruction by any Owner or the Corporation, and all Owners and the Corporation shall fully co-operate with the Developer to facilitate such construction, buildings or improvements.
4 . In addition to the duties of the Corporation set forth in the Act the Corporation, through its Board: a. shall 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 condominium Project; b. shall 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 and enforce these By-laws; c. shall maintain and repair (including renewal where reasonably necessary), all pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the Parcel and capable of being used in connection with the enjoyment of one or more Units or Common Property; d. shall 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 certified copy of the policy or policies of insurance effected by the Corporation or a certificate or memorandum thereof and the receipt or receipts for the last premium or premiums in respect thereof; e. subject to any obligations imposed by the By-laws or by the Corporation upon any Owners to maintain any part of the Common Property or a Unit over which such Owners are granted exclusive right of use, shall clean, maintain and repair the exterior or outside surfaces of each Building comprising the Units (as outlined in "3 (c)")but including the repair of any leakage around windows and the maintenance and repair of 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 area outside the Building and all landscaping, common sidewalks, driveways, roadways, and entry gate and mechanism and the garbage enclosure and including all concrete, balcony walls, rails, fencing and related posts and maintain and repair the Common Property and the Managed Property, and all utility services within, on, in, under or through the Units and Common Property, including any underground sprinkler system; f. shall collect or cause to be collected and receive or cause to be received all contributions towards the Common Expenses and deposit same in a separate account with a chartered bank or trust company or Province of Alberta Treasury Branch or Credit Union incorporated under the Credit Union Act; g. shall provide and maintain out of the contributions to be levied by the Corporation towards the Common Expenses and such amounts as the Board may determine from time to time to be fair and prudent for a Replacement Reserve Fund and the Replacement Reserve Fund shall be an asset of the Corporation; h. shall 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 seem justifiable in the management and administration of the entire Condominium Project; i shall remove ice, snow, slush and debris from and keep and maintain in good order and condition all areas of the Common Property designated for vehicular or pedestrian traffic or outside parking and keep and maintain in good order and condition all the grassed or landscaped areas of the Managed Property and the Common Property, PROVIDED THAT the general cleaning and maintenance of any privacy area designated to an Owner shall be the prime responsibility of the Owner to whom such privacy area has been assigned; j. shall not provide adequate garbage receptacles or containers on the Common Property for use by all the Owners and provide for regular collection therefrom; the homeowner is responsible for purchasing his/her garage receptacle from the City of Lethbridge. k. shall, 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; 1 shall 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. shall establish and maintain lawns, trees and shrubs and other landscaping on the Common Property and promptly replace on a continuing basis, any lawns, trees or shrubs which die; n. shall repair, replace and maintain party walls separating Units unless the reason or cause for such repair, replacement or maintenance is the negligent act or omission of a Unit Owner.