These are the reproduced Bylaws of the River Ridge condominium corporation (See Disclaimer).
1 (I). 1. DEFINITIONS AND INTERPRETATION Category: General Copy correction: DEFINITIONS In these By-Laws, where capitalized and unless the context or subject matter requires a different meaning, all capitalized terms shall have the following meanings: (a) "Act" means the Condominium Property Act, Revised Statutes of Alberta, 2000, Chapter C-22, as amended from time to time or any statute or statutes passed in substitution therefor; (b) "Board" means the Board of Directors of the Corporation; (c) "Building" means the building(s) on the Project containing the Units and Common Property; (d) "By-Laws" means the By-Laws of the Corporation, as amended from time to time; (e) "Capital Replacement Reserve Fund" means a fund established in accordance with the provisions of the Act, to be used for major repairs and replacements of any portions of the Units for which the Corporation is responsible, any real and personal property of the Corporation and the Common Property; (f) "Common Expenses" means the expense of performance of the objects and duties of the Corporation and any expenses specified as Common Expenses in these By-Laws; (g) "Common Property" means so much of the Parcel as is not comprised in or does not form part of any residential Unit shown on the Condominium Plan and does include the Common Property Units; (h) "Common Property Units" means the Units created on the registration of a Redivision Plan which are intended for common use by Owners which, pursuant to these By-Laws, the Corporation is required to administer, control, manage, maintain, repair and replace as if the same were conventional Common Property; (i) "Condominium Plan" means the Condominium Plan registered under the Act as No. 9710731 and all Condominium Plans of Redivision subsequently registered under the Act; (j) "Corporation" means the Corporation constituted under the Act by the registration of the Condominium Plan whose legal name is "The Owners: Condominium Plan No. 9710731"; (k) "Emergency Situation" means a situation normally and reasonably perceived as one which would endanger either or both person or property if not immediately remedied or rectified; (l) "General Meeting" includes both annual and extraordinary General Meetings and means those meetings, held upon notice to all members of the Corporation, at which all such members or their proxies are entitled to be present, and if qualified, to vote; (m) "Improvements and Betterments" means those enhancements, renovations or modifications to the Unit during construction by the builder or at a later date, which increases the kind, quantity or quality of the finishing, materials, fixtures or construction over that of a standard Unit as constructed by the original builder as set forth in Appendix 1; (n) "Insurance Trustee" means a person, firm or corporation selected from time to time on resolution of the Board, whose duties include the receiving, holding and disbursing of proceeds of policies of insurance pursuant to these By-Laws and the Act. If no Insurance Trustee is appointed, then the Board is the Insurance Trustee; (o) "Interest Rate" means eighteen (18%) percent per annum, calculated annually, or such lesser or greater rate as is equal to the maximum rate permitted under the Regulation to the Act; (p) "Manager" means any condominium property manager contractually appointed by the Board; (q) "Municipality" or "Municipal" means the City of Lethbridge; (r) "Occupant" means a regular or ordinary presence in the Unit whether or not the person is frequently absent by reason of employment or ill health. A person shall be deemed an Occupant if his or her occupation of the Unit exceeds sixty (60) consecutive days; (s) "Ordinary Resolution" means a resolution: (i) passed at a properly convened meeting of the Corporation by a majority of all the persons present or represented by proxy at the meeting and entitled to exercise the powers of voting conferred by the Act or these By-Laws; or (ii) signed by a majority of all of the persons who, at a properly convened meeting of the Corporation, would be entitled to exercise the powers of voting conferred by the Act or these By-Laws and representing more than 50% of the total Unit Factors for all of the Units; (t) "Owner" means a person or persons who is or are registered as the Owner of the fee simple estate in a Unit and where the term "Owner" is used in By-Law 62, that term includes a tenant; (u) "Parcel" means the land comprised in the Condominium Plan; (v) "Privacy Area(s)" means any areas granted to an Owner pursuant to By-Law 58; (w) "Private Motor Vehicle" means cars, motorcycles, light trucks up to ¾ ton size, mini-vans and sport utility vehicles; (x) "Project" means all of the real and personal property and fixtures comprising the Parcel, land and Buildings which constitute the Units and Common Property; (y) "Redivision Plans" means the Condominium Plans of Redivision of original Units #1, #2 and #3; (z) "Regulation" means the Condominium Property Regulation currently being Alberta Regulation 168/2000 and any other Regulation made from time to time in substitution, replacement or addition thereto by the Lieutenant Governor in Council in Alberta pursuant to the Act; (aa) "Special Business" means any resolution to be voted upon at a General Meeting of the Owners of which advance notice is required to be given under these By-Laws. Special Business may or may not require to be passed by a Special Resolution; (bb) "Special Resolution" means a resolution: (i) passed at a properly convened meeting of the Corporation by a majority of not less than 75% of all the persons entitled to exercise the powers of voting conferred by the Act or these By-Laws and representing not less than 75% of the total Unit Factors for all the Units; or (ii) agreed to in writing by not less than 75% of all of the persons who, at a properly convened meeting of the Corporation, would be entitled to exercise the powers of voting conferred by the Act or these By-Laws and representing not less than 75% of the total Unit Factors for all the Units; (cc) "Spouse" includes a person who holds that position usually enjoyed by a Spouse whether or not he or she is legally married; (dd) "Unit" means a space situated within a Building and described as a Unit in the Condominium Plan by reference to floors, walls and ceilings within the Building and shall exclude the Common Property Units but shall include for the purposes of these By-Laws: (i) all window hardware, screens and screen doors; (ii) all ceiling and wall coverings including, but not limited to, paint, wallpaper, ceiling stipple, drywall or any substance used in lieu throughout the Unit; (iii) all floor coverings of whatever nature including, but not limited to, carpet, carpet underlay, linoleum, tiles, hardwood and hardwood lookalikes; (iv) all non-load-bearing partitions, including their studs; (v) all items not necessarily common to all Units such as the intercommunication systems, any security system, or any air-conditioning systems; (vi) all electrical appliances and fixtures in the Unit; (vii) all Unit plumbing, including pipes and fixtures inside the interior finishing of the floors, walls and ceilings of a Unit including, but not limited to: A) bathroom fixtures such as baths, toilets and sinks; B) all plumbing traps; C) kitchen sink and pipes; and D) all water taps (kitchen and bathroom); (viii) all interior doors and door hardware; and (ix) all Unit electrical including, but not limited to, panel circuit breakers, wire, fixtures, cables and conduits inside the interior finishing of the floors, walls and ceilings of the Unit; (ee) "Unit Factor" means the Unit Factor for each Unit as more particularly specified or apportioned and described in and set forth on the Condominium Plan. Words and expressions which have a special meaning assigned to them in the Act have the same meaning in these By-Laws and other expressions used in these By-Laws and not defined in the Act or in these By-Laws have the same meaning as may be assigned to them in the Land Titles Act, R.S.A. 2000, c. L-4, or the Law of Property Act, R.S.A. 2000, c. L-7, as amended from time to time or in any statute or statutes passed in substitution therefor. Words importing the singular number also include the plural, and vice versa, and words importing the masculine gender include the feminine gender or neuter, and vice versa, and words importing persons include firms and corporations and vice versa, where the context so requires. 2. MISCELLANEOUS PROVISIONS Category: General Copy correction: In addition: (a) Headings The headings used throughout these By-Laws are inserted for reference purposes only and are not to be considered or taken into account in construing the terms or provisions of any By-Law. (b) Rights of the Corporation and Owners The rights and obligations given or imposed on the Corporation or the Owners under these By-Laws are in addition to any rights or obligations given or imposed on the Corporation or the Owners under the Act. (c) Conflict With Act If there is any conflict between the By-Laws and the Act, the Act prevails. (d) Extended Meanings If and whenever reference hereunder is made to "repair", it is hereby implied and extended to include in its meaning the making of improvements or betterments or the enhancement or replacement with a better thing of or for anything to which such repair could be made.
2 (II). 3. DUTIES OF THE OWNERS Category: Unit Owners Copy correction: An Owner SHALL: (a) subject always to the Act, permit the Corporation and its agents, at all reasonable times on a minimum of twenty-four (24) hours' written notice (except in case of an Emergency Situation when no notice is required), to enter his Unit for the purpose of: (i) inspecting the Unit and maintaining, repairing or renewing party walls and pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the Unit; (ii) maintaining, repairing or renewing the Common Property; (iii) ensuring that the By-Laws are being observed; (iv) doing any work for the benefit of the Corporation generally; and (v) gaining access to meters 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 Owner; (b) forthwith: (i) carry out all work that may be ordered by the Municipality or public authority in respect of his Unit; and (ii) pay all rates, taxes, charges and assessments that may be payable in respect of his Unit; (c) duly and properly clean, wash, repair, maintain and replace (when required) at the expense of the Owner: (i) the interior of the Unit and all fixtures, appliances, improvements and additions thereto; (ii) with regard to windows and doors: A) any windows located on the interior walls of the Unit, all window hardware (INCLUDING all cranks, hinges and latches), all window screens and all weather-stripping and weather seals. The Owner shall wash, as required, the exterior surface of all accessible windows; B) the doors located on the interior walls of a Unit, all door hardware (INCLUDING all hinges, doorknobs, locking devices and security viewers) and all screen doors and adjustments thereto. The Owner shall wash, as required, the exterior surface of all doors and sliding glass doors; and C) the interior trim of all windows, sliding glass doors and Unit access doors. The Owner shall paint the interior finishing of such trim and the interior finishing of Unit access doors; (iii) any interior wall- or ceiling-mounted air-conditioning equipment that has been installed with the prior written consent of the Board. No window-mounted or external air conditioners are allowed; (iv) all taps, faucets, drain plugs and assemblies in bathtubs and sinks, and hoses on washing machines; (v) all thermostats in the Unit; (vi) door numbers on their Unit; (vii) garage door openers and security keys and fobs. Not more than two fobs will be issued per Unit without the prior consent of the Board, and the Owner shall keep track of all parties to whom fobs have been provided; (viii) all electrical, electronic and mechanical devices which are mounted or located on the interior or exterior of the Unit for his own use entirely; (ix) their mailbox key; and (x) the gas fireplace and chimney relating to his Unit, including periodic cleaning thereof, and shall use his fireplace in a safe manner; And keep the Owner's Unit in a state of good repair, except such maintenance, repairs and damage as are insured against by the Corporation or for which the Corporation is responsible pursuant to these By-Laws; (d) on a day-to-day basis, maintain and keep in a neat, clean and tidy state and appearance, consistent with and in total integrity with the balance of the Project, any Privacy Area (and any plants or landscaping therein) which is located on or which comprises any part of the Common Property to which the Owner has been granted exclusive use pursuant to By-Law 5 or By-Law 58. If the Owner shall not maintain such Privacy Area to a standard similar to that of the remaining Common Property, the Corporation may give ten (10) days' notice to the Owner to this effect and if such notice has not been complied with at the end of that period, then the Corporation may carry out such work and the provisions of By-Law 58 shall apply; (e) not paint the exterior of the Unit or Building nor make any repairs, additions or alterations to the exterior of his Unit or the Building (INCLUDING interior and exterior load-bearing and partition walls) of which his Unit forms a part or to the common plumbing, common mechanical, common gas or common electrical systems within his Unit without first obtaining the written consent of the Board; (f) use and enjoy the Common Property in accordance with these By-Laws and all rules and regulations prescribed by the Corporation and in such a manner as to not unreasonably interfere with the use and enjoyment thereof by other Owners, their families or visitors. Said usage shall be at one's own risk and peril; (g) not use his Unit or permit it to be used in any manner for any purpose which may be illegal, injurious or that will cause nuisance or hazard to any Occupant of another Unit (whether an Owner or not) or the family of such an Occupant; (h) notify the Corporation forthwith upon any change of ownership or of any mortgage, lease or other dealing in connection with his Unit. Upon the sale of a Unit, the Owner shall deliver a copy of the current By-Laws to the purchaser and shall transfer the Owner's security keys to the new purchaser; (i) comply strictly with these By-Laws and with such rules and regulations as may be adopted pursuant thereto from time to time and cause all Occupants of and visitors to his Unit to similarly comply; (j) key the entry lock to his Unit alike to the master key for the locking system of the Project to facilitate emergency or permitted service entry. In the event the Unit cannot be accessed with the Board's master key, the Owner shall be financially responsible for any damage or costs related to forcible entry into such Unit by the Corporation or Manager or any of their servants, agents or nominees; (k) in applying window coverings, install, at his own expense, and from time to time properly maintain, fitting drapes or Venetian blinds which drapes or blinds or linings thereof shall be white or ivory where visible from the outdoors and such drapes or blinds shall be of such material and constitution so as not to impair the operation of the heating and any air-conditioning systems and shall not place foil, opaque materials, political signs, "For Sale" signs or advertising notices in or on any window; (l) pay to the Corporation (or, if requested, to the Manager) when due all contributions levied or assessed against his Unit and all other amounts due from him to the Corporation under these By-Laws, together with interest on any arrears thereof at the Interest Rate calculated from the due date until paid, and the Corporation is hereby permitted to charge such interest in accordance with Sections 39 and 40 of the Act and Section 76 of the Regulation; (m) pay to the Corporation all legal expenses incurred as a result of it having to take proceedings to collect any Common Expenses levied or assessed against his Unit and all other amounts due from him to the Corporation under these By-Laws, and such expenses shall be paid on a solicitor-and-his-own-client full indemnification basis; (n) indemnify the Corporation for damage to or the cost of repairing or replacing damage to any part of the Building, Common Property or any Unit caused or aggravated by such Owner, his Occupants, invitees, or by any default under these By-Laws by such Owner, his Occupants and invitees up to the amount of the insurance deductible of the Corporation (whether an insurance claim is made by the Corporation or not); (o) deposit with the Corporation, if requested, duly executed post-dated cheques or monthly bank debit authorization for duly assessed condominium contributions for the appropriate forthcoming or remaining budgetary term; (p) pay to the Corporation, on demand, any bank or Corporation charges for any late or NSF cheque written by such Owner; (q) advise the Corporation as to who is using any assigned parking stall. Only Occupants of the Project may use a parking stall; (r) if he wishes the Corporation to respond to his suggestions, questions or complaints, express them in writing sent by electronic mail or placed in an envelope delivered to the Board or the Manager. The Board or the Manager shall not be required to respond to any suggestion, complaint or question that is not in writing and properly submitted; and (s) not unreasonably interfere with the lawful activities of the Board or the Corporation.
3 (III). 4. DUTIES OF THE CORPORATION Category: Rules/Policies Copy correction: In addition to the duties of the Corporation set forth in the Act, the Corporation, through its Board, SHALL: (a) control, manage, maintain, repair, replace and administer the Common Property (except as hereinbefore and hereinafter set forth) and all real property, chattels, personal property or other property owned by the Corporation for the benefit of all of the Owners and for the benefit of the entire Project; (b) do all things required of it by the Act, these By-Laws and any other rules and regulations in force from time to time and shall take all necessary steps it sees fit to uphold these By-Laws; (c) maintain, repair and replace (INCLUDING renewal where reasonably necessary): (i) all interior and exterior lighting including fixtures and bulbs on Common Property; (ii) the elevators and their shafts and pits; (iii) all common Building heating and ventilating systems; (iv) the entry panel and any security system and intercom for use by the entire Project; (v) all parking areas, the parkade, the automatic garage doors, the parkade ramps, the roadway and common sidewalks; (vi) all gates, perimeter and decorative fencing and related posts; (vii) the Common Property Units owned by the Corporation; and (viii) all pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the Parcel outside the interior finishing of the floors, walls or ceilings of a Unit, or utilities capable of being used in connection with the enjoyment of more than one (1) Unit; (d) provide and maintain in force all such insurance as is required by the Act and by the provisions of these By-Laws and enter into any insurance trust agreements from time to time as required by any Insurance Trustee and approved by the Board and, on the written request of an Owner or registered mortgagee of a Unit, or the duly authorized agent of such Owner or mortgagee, produce to the Owner or mortgagee, a copy of the policy or policies of insurance effected by the Corporation or a certificate or memorandum thereof; (e) maintain, repair and replace, subject to any obligations imposed by these By-Laws or by the Corporation upon any Owners to care for and maintain any part of their Unit, Common Property or Privacy Area to which such Owners are granted exclusive right of use: (i) the exterior or outside surfaces of the Building comprising the Units including: A) all windows on the exterior walls of any Unit or the Building (including the glazing, frames, and the exterior casing, mouldings and trim). The Corporation shall paint the exterior window trim; B) all doors and sliding glass doors on the exterior walls of any Unit or the Building (including the frame and the exterior casing, mouldings and trim). The Corporation shall paint the exterior trim and the exterior surface finishing of access doors; C) exterior caulking and repair of any leakage around windows and sliding glass doors; and D) washing, in its discretion, the exterior surface of all non-accessible windows on the exterior walls of the Building; (ii) all zone valves within the Unit; (iii) all dryer vents on the exterior walls of the Building; (iv) all balconies and patios and their rails, walls and related posts; (v) all common utility services within, on, in, under or through the Units, all utility services outside of the interior finishing of the floors, walls and ceilings of a Unit and all utilities on Common Property, including the main domestic water line and the main heating supply line; and (vi) all other outside accoutrements affecting the appearance, usability, value or safety of the Parcel or the Units and the Common Property including the structural maintenance of any Privacy Area which is located on any part of the Common Property to which an Owner has been granted exclusive use pursuant to By-Law 5 or By-Law 58; (f) collect or cause to be collected and receive or cause to be received all contributions towards the Common Expenses and deposit same in a separate account, in the Province of Alberta, with a chartered bank or trust company or Province of Alberta Treasury Branch or credit union incorporated under the Credit Union Act, R.S.A. 2000, c. C-32, within the times required by the Act; (g) subject always to and in accordance with the Act and any Regulation: (i) establish and maintain a Capital Replacement Reserve Fund from contributions for Common Expenses levied by the Corporation in amounts determined by the Board to be fair and prudent. It shall be used (and reasonably expected to provide sufficient funds) to pay for major repairs and replacements of: A) any portions of the Units for which the Corporation is responsible; B) any real and personal property owned by the Corporation; and C) the Common Property; where the repair or replacement is of a nature that does not occur annually; (ii) maintain such funds in separate trust accounts registered in the name of the Corporation and they shall not be commingled with any other funds of the Corporation or any other condominium corporation; (iii) not take funds from the Capital Replacement Reserve Fund for the purposes of making capital improvements not contemplated by the reserve fund report of the Corporation unless such improvements are authorized by Special Resolution. The Capital Replacement Reserve Fund shall be an asset of the Corporation and no part of that money shall be refunded or distributed to any Owner of a Unit except where the Project ceases to be governed by the Act; (iv) prepare an annual report each fiscal year respecting the Capital Replacement Reserve Fund, setting out at least the following: A) the amount of the reserve fund as of the last day of the immediately preceding fiscal year; B) all payments made into and out of the reserve fund for that year and the sources and uses of those payments; and C) a list of the depreciating property that was repaired or replaced during that year and the costs incurred in respect of the repair or replacement of that property; (v) supply a copy of the approved Capital Replacement Reserve Fund plan to each Owner prior to the collection of any funds for the purpose of those matters dealt with in the reserve fund report; (vi) no later than five (5) years from the day that the most recent Capital Replacement Reserve Fund plan was approved, carry out a new reserve fund study, prepare a new reserve fund report, approve a new reserve fund plan, and provide a copy of the newly approved plan to each Owner prior to the collection of any further funds for the purposes of the reserve fund; and (vii) within ten (10) days of receipt of a written request from an Owner, purchaser or mortgagee of a Unit, provide to the person making the request at his own expense, a copy of the most recent reserve fund report, reserve fund plan or annual report; (h) pay all sums of money properly required to be paid on account of all services, supplies and assessments pertaining to or for the benefit of the Parcel, the Corporation and the Owners as the Board may deem justifiable in the management or administration of the entire Project; (i) clear snow, slush and debris from the entrance areas, parking areas and walkways of the Project within a reasonable time; (j) keep and maintain in good order and condition all areas of the Common Property designated for vehicular or pedestrian traffic, parking, the parkade ramp and overhead door, the entrance awning, the hallways, stairs and stairwells, mailboxes and mailroom, landing areas, foyer and lobby, vestibules, janitorial room, water and sump room, fire prevention system, panel and boxes, any mechanical, electrical or boiler rooms, diesel storage room, sprinkler room, gas meter room, telephone room, cooling towers, sauna, washrooms, exercise/social/meeting room, and all grassed or landscaped areas of the Common Property, PROVIDED THAT the general cleaning and maintenance of any Privacy Area designated to an Owner under By-Law 5 or By-Law 58 shall be the prime responsibility of the Owner to whom such Privacy Area has been assigned; (k) provide a garbage chute and adequate garbage and recycling receptacles for use by all Owners and provide for regular collection therefrom, if not done by the Municipality; (l) 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; (m) 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; (n) maintain and keep current a parking register which shall indicate the name of the Owner (or Occupant) assigned each parking stall located on the Common Property and/or the name of the person entitled to exclusive use and occupation of such stall; (o) establish and maintain lawns, trees, shrubs, planters and other decorative landscaping on the Common Property; (p) repair, replace and maintain party walls separating Units. If the Owner is responsible for the reason or cause for such repair, replacement or maintenance, or the reason or cause for such repair, replacement or maintenance originated from the Owner's Unit, the cost of such repair, replacement or maintenance (or up to the amount of the insurance deductible whether an insured loss or not and regardless of whether an insurance claim is made or not) will be charged back to the responsible Owner; and (q) repair, replace and maintain windows, sliding glass doors and doors on the exterior walls of a Building. If the Owner is responsible for the reason or cause for such repair, replacement or maintenance, or the reason or cause for such repair, replacement or maintenance originated from the Owner's Unit, the cost of such repair, replacement or maintenance (or up to the amount of the insurance deductible whether an insured loss or not and regardless of whether an insurance claim is made or not) will be charged back to the responsible Owner. 5. POWERS OF THE CORPORATION Category: Rules/Policies Copy correction: In addition to the powers of the Corporation set forth in the Act, the Corporation through its Board, MAY and IS HEREBY AUTHORIZED TO: (a) purchase, hire or otherwise acquire personal property and/or real property for use by Owners in connection with the maintenance, repair, replacement or enjoyment of the real and personal property of the Corporation or the Common Property or their Units, provided that real property shall only be acquired or disposed of by Special Resolution; (b) borrow monies required by it in the performance of its duties or the exercise of its powers provided that each such borrowing in excess of fifteen (15%) percent of the current year's Common Expenses budget has been approved by Special Resolution; (c) secure the repayment of monies borrowed by it, and the payment of interest thereon, by negotiable instrument, or mortgage of unpaid contributions (whether levied or not), or mortgage of any property vested in it, or by any combination of those means; (d) invest as it may determine any contributions toward the Common Expenses SUBJECT TO the restrictions set forth in Section 43 of the Act; (e) make an agreement with an Owner, tenant or Occupant of a Unit for the provision of amenities or services by it to the Unit or to the Owner, tenant or Occupant thereof; (f) grant to an Owner the right to exclusive use and enjoyment of part of the Common Property or special privileges in respect thereof, and, except for the provisions of these By-Laws relating to the Privacy Areas immediately adjacent to any Unit, any such grant to be terminable on reasonable notice, unless the Corporation by Special Resolution otherwise resolves; (g) make such rules and regulations as it may deem necessary or desirable from time to time in relation to the use, enjoyment and safety of the Common Property and do all things reasonably necessary for the enforcement of these By-Laws and for the control, management and administration of the Common Property generally, including the commencement of an action under Section 36 and/or Section 67 of the Act and all subsequent proceedings relating thereto; (h) determine from time to time the amounts to be raised and collected for the purposes hereinbefore mentioned; (i) raise the amounts of money so determined by levying contributions on the Owners in proportion to the Unit Factors for their respective Units or as otherwise herein provided; (j) provide and maintain a fund to take care of expenses not properly chargeable to the Capital Replacement Reserve Fund or everyday maintenance expenses. The fund shall be called a contingency fund and shall be used to cover the cost of unexpected or abnormal repair or expense not budgeted or not covered by the operating budget or the Capital Replacement Reserve Fund; (k) charge interest under Sections 39 and 40 of the Act and Section 76 of the Regulation on any contribution or Common Expenses owing to it by an Owner at the Interest Rate; (l) pay an annual honorarium or stipend to members of the Board in the manner and in the amounts as may be from time to time determined by Ordinary Resolution at a General Meeting; (m) join any organization serving the interests of the Corporation and assess the membership fee in such organization as part of the Common Expenses; (n) do all things which are incidental or conducive to the exercise of its powers granted under the Act and the By-Laws; (o) subject to any limitations and prohibitions contained in the Act, these By-Laws and otherwise by law, have such powers and do all such things which any corporate body shall be empowered and authorized to do under the Business Corporations Act, R.S.A. 2000, c. B-9 (as amended from time to time) and do all things and have such rights, powers and privileges of a natural person; (p) levy penalties by way of monetary sanctions, or commence any such other proceedings as may be available, for the contravention of any By-Law including, but not limited to, the right of the Corporation to obtain an order of the Court restricting or prohibiting the occupancy of a Unit by an Owner; and (q) use security cameras/video surveillance and their footage to enforce By-Laws, provided notice of use of the same to Occupants and visitors is posted in the common area near the entrance to the Building.
4 (IV). 6. THE CORPORATION AND THE BOARD Category: Board Copy correction: The powers and duties of the Corporation shall, subject to any lawful restriction imposed or direction given at a General Meeting, be exercised and performed by the Board. 7. COMPOSITION OF THE BOARD Category: Board Copy correction: The composition of the Board shall provide that: (a) The Board shall consist of seven (7) Owners, Spouses of Owners, representatives of corporate Owners, or representatives of mortgagees who have notified their interests to the Corporation. (b) A Board member must be forty (40) years of age or older. (c) Only one (1) Owner or his/her Spouse in respect of a Unit may sit on the Board at any point in time. (d) Every member of the Board shall make full disclosure of any potential conflict of interest and any direct or indirect relationships he or she may have with the Corporation, either contractual, financial or employment-related, not be present for the discussion, and refrain from voting on such matter of conflict. (e) Every member of the Board shall exercise the powers and discharge the duties of the office of member of the Board honestly and in good faith. (f) No Owner who is indebted to the Corporation for a contribution, assessment or levy that is more than thirty (30) days overdue shall be eligible for election to or membership on the Board. 8. TERM OF OFFICE AND RETIREMENT FROM BOARD Category: Board Copy correction: A Board member shall be elected for a two (2) year term, which expires at the conclusion of the annual General Meeting convened in the second (2nd) year following the year in which he was elected to the Board. At each annual General Meeting, all of the members of the Board whose term has expired shall be deemed to have retired from office and the Corporation shall elect new members accordingly. 9. ELIGIBILITY FOR RE-ELECTION TO BOARD Category: Board Copy correction: A retiring member of the Board shall be eligible for re-election. Those entitled to accept nomination must either be in attendance at the annual General Meeting or have agreed in writing to the nomination. 10. REMOVAL FROM BOARD Category: Board Copy correction: The Corporation may, by Ordinary Resolution at an extraordinary General Meeting, remove any member of the Board before the expiration of his term of office and appoint or elect another Owner in his place to hold office until the next annual General Meeting. 11. CASUAL VACANCY ON BOARD Category: Board Copy correction: 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-Law 7. Such appointed member shall have the same rights and responsibilities as duly elected Board members. 12. QUORUM FOR BOARD Category: Board Copy correction: A quorum of the Board is a majority of Board members. Any member of the Board may waive notice of a meeting before, during or after the meeting, and such waiver shall be deemed the equivalent of receipt of due and proper notice of the meeting. If at any time during a meeting the quorum requirement is absent, no business of the Board shall be conducted except for procedural actions, which consist of fixing a time to adjourn, adjournment or recess, or the taking of steps to obtain a quorum. 13. OFFICERS OF THE CORPORATION Category: Board Copy correction: At the first meeting of the Board held after each annual General Meeting of the Corporation, the Board shall elect from among its members a President, a Vice-President, a Treasurer and/or a Secretary who shall hold their respective offices until the conclusion of the next annual General Meeting of the Corporation or until their successors are elected or appointed. The President shall be the Chairman of the Board and shall have a casting vote to break a tie in addition to his original vote. A person ceases to be an officer of the Corporation if he ceases to be a member of the Board. Where a person ceases to be an officer of the Corporation, the Board shall designate from its members a person to fill that office for the remainder of the term. A person may simultaneously hold two (2) offices. 14. CHAIRMAN OF BOARD MEETINGS Category: Board Copy correction: The President shall act as Chairman of every meeting of the Board where he is present. Where the President is absent from any meeting of the Board or vacates the chair during the course of any meeting, the Vice-President shall act as the Chairman and shall have all the duties and powers of the Chairman while so acting. In the absence of both the President and the Vice-President, the members present shall from among themselves appoint a Chairman for the meeting who shall have all the duties and powers of the Chairman while so acting. Each meeting of the Board shall be held in the Municipality unless the Owners agree, by Ordinary Resolution, to hold the meeting in another location. Unless otherwise determined by the Board, meetings of the Board shall be restricted to Board members and invitees of the Board. 15. DUTIES OF OFFICERS Category: Board Copy correction: The other duties of the officers of the Board shall be as determined by the Board from time to time. 16. VOTES OF BOARD Category: Board Copy correction: Voting by Board members shall be governed as follows: (a) At meetings of the Board, all matters shall be determined by simple majority vote. (b) A resolution of the Board in writing signed by a majority of the members shall have the same effect as a resolution passed at a meeting of the Board duly convened and held. (c) A Board meeting may be held by electronic means including web, video or teleconference. An interim resolution of the Board passed by electronic means (or by e-mail) and approved by a majority vote shall have the same effect as a resolution passed at a meeting of the Board duly convened and held, and shall be documented into the minutes at the next scheduled meeting of the Board. (d) Where a Board member has a material interest in any agreements or transactions to which the Corporation is to become a party, he must disclose his interest, not be present for the discussion and refrain from voting on such agreement or transaction, and shall not be counted when determining whether a quorum exists when a vote or other action is taken on the matter of conflict, in accordance with Section 28(3) of the Act. (e) All Board meetings shall be conducted in accordance with the rules of procedure adopted by the Board. 17. FURTHER POWERS OF BOARD Category: Board Copy correction: 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 and on behalf of the Corporation such agents or servants as it thinks fit in connection with the control, management and administration of the Common Property and the exercise and performance of the powers and duties of the Corporation; (c) subject to any legally valid restriction imposed or direction given at a General Meeting of Owners, delegate to one or more members of the Board such of its powers and duties as it thinks fit, and at any time revoke such delegation; (d) obtain and retain by contract the services of a Manager or any professional real property management firm or professional 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, with 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, timely and sufficient fashion. Under such contract, if a Manager holds funds for the Corporation and is a sole signing authority for the Corporation, the contract shall require the Manager to arrange or maintain crime coverage insurance to protect the Corporation or a fidelity bond owned by, paid for by and in the name of the Corporation and for the benefit of the Corporation, and such crime coverage insurance or bond shall be in an amount required by the Corporation but in any event not less than: (i) the total amount of any replacement reserve funds in the hands of or controlled by the Manager; (ii) one month's total condominium contributions of the Corporation or one-twelfth (1/12) of the total annual condominium contributions for all Units in the Project (EXCLUDING any special contributions), whichever is greater; and (iii) a sum representing the average monthly amount of cash in the control of the Manager; (e) enter into an insurance trust agreement in form and on terms as required by any Insurance Trustee; and (f) set and charge for and on behalf of the Corporation reasonable fees to compensate the Corporation for expenses it incurs in producing and providing any documents or copies required to be issued by it under the Act or pursuant to these By-Laws. 18. ADDITIONAL DUTIES OF THE BOARD Category: Board Copy correction: The Board SHALL: (a) subject to any legally valid restrictions or directions given at a General Meeting of the Owners, carry on the day-to-day business and affairs of the Corporation; (b) keep minutes of its proceedings and, upon written request at the expense of the person requesting, provide copies thereof to Owners and to mortgagees who have notified their interests to the Corporation; (c) cause minutes to be kept of General Meetings of the Owners and, upon written request at the expense of the person requesting, provide copies thereof to Owners and to mortgagees who have notified their interests to the Corporation and provide a copy to such Owners and mortgagees who have notified their interests to the Corporation not less than ten (10) days prior to the next annual General Meeting; (d) cause proper books of account to be kept in accordance with generally accepted accounting principles in respect of all sums of money received and expended by it and the matters in respect of which receipt and expenditure shall take place; (e) prepare proper accounts relating to all monies of the Corporation, and the income and expenditure thereof, for each annual General Meeting; (f) maintain financial records of all the assets, liabilities and equity of the Corporation; (g) on written application of an Owner or mortgagee, or any person authorized in writing by him, make the books of account available for inspection at a time convenient to a Board member or the Manager; (h) at least once a year, cause the books and accounts of the Corporation to be audited or reviewed by an independent Chartered Professional Accountant to be selected at each annual General Meeting of the Corporation and cause to be prepared and distributed to each Owner and to each mortgagee who has notified its interest to the Corporation in writing, a copy of the audited or reviewed Financial Statement or Notice to Reader Report of the receipts of contributions of all Owners toward the Common Expenses and disbursements made by the Corporation and a copy of the Auditor's Report or Notice to Reader Report within one hundred twenty (120) days of the end of the fiscal year of the Corporation. The report of the auditor or reviewer shall be submitted to each annual General Meeting of the Corporation. Any obligations under this paragraph may be waived upon the passing of an Ordinary Resolution to that effect; (i) keep a register noting the names and addresses of all Owners and any mortgagees who have given notice of their interests to the Corporation; (j) at all times keep and maintain in force all insurance required hereunder and by the Act to be maintained by the Corporation; (k) within thirty (30) days from the conclusion of the Corporation's annual General Meeting, file or cause to be filed at the Land Titles Office a notice in the prescribed form stating the name and address of the members of the Board; and (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. DEFECTS IN ELECTION OR APPOINTMENT TO BOARD Category: Board Copy correction: All acts done in good faith by the Board are, notwithstanding it be afterwards discovered that there was some defect in the election or appointment or continuance in office of any member of the Board, as valid as if the member had been duly elected or appointed or had duly continued in office. 20. VACATING OFFICE OF BOARD MEMBER Category: Board Copy correction: The office of a member of the Board shall be vacated if the member: (a) resigns his office by notice in writing to the Corporation; (b) dies; (c) is in arrears more than thirty (30) days of any contribution, levy or assessment required to be made by him as an Owner; (d) becomes bankrupt; (e) or company, in the case of a company which is a member of the Board, is in arrears as set forth in sub-paragraph (c) above, if it becomes bankrupt or makes an assignment for the benefit of creditors, or if proceedings are commenced to wind up the company, otherwise than for the purpose of amalgamation or reconstruction; (f) is a represented adult as defined in the Adult Guardianship and Trusteeship Act, S.A. 2008, c. A-4.2, or is the subject of a Certificate of Incapacity that is in effect under the Public Trustee Act, S.A. 2004, c. P-44.1; (g) is convicted of an indictable offence; (h) attends any Board meeting while intoxicated by alcohol or incapacitated by drugs or other substances; (i) is absent from meetings of the Board for two (2) consecutive meetings without the consent of the remaining members of the Board and a majority of the remaining members of the Board resolve at the next subsequent meeting of the Board that his office be vacated; (j) ceases to qualify for membership pursuant to By-Law 7; (k) is refused bonding, at a reasonable premium, by a recognized bonding institution; or (l) or his Spouse, commences any legal proceedings against the Board or the Corporation. 21. SIGNING AUTHORITIES Category: Board Copy correction: 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. CORPORATE SEAL Category: Board Copy correction: 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.
5 (V). 23. ANNUAL GENERAL MEETINGS Category: Board An annual General Meeting shall be held once in each calendar year, and not more than fifteen (15) months shall elapse between the date of one (1) annual General Meeting and that of the next. Each such meeting shall be held within the Municipality, unless the Owners agree, by Ordinary Resolution, to hold the meeting in another location. 24. EXTRAORDINARY GENERAL MEETINGS Category: Board All General Meetings other than annual General Meetings shall be called extraordinary General Meetings. 25. CONVENING EXTRAORDINARY GENERAL MEETINGS Category: Board The Board may, whenever it thinks fit, and shall, upon a requisition in writing: (a) by Owners representing not less than fifteen percent (15%) of the total Unit Factors for all the Units; (b) from mortgagees holding registered mortgages (and who have notified their interests to the Corporation) against Units in respect of which corresponding Unit Factors represent not less than fifteen percent (15%) of the total Unit Factors; or (c) from a combination of such Owners or mortgagees entitled to vote with respect to fifteen percent (15%) of the total Unit Factors; convene 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. NOTICE OF GENERAL MEETINGS Category: Board A minimum of fifteen (15) days' notice of every General Meeting specifying the place, the date and the hour of meeting, and in the case of Special Business the general nature of such business, shall be given to all Owners and mortgagees who have notified their interests to the Corporation. 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. PROCEEDINGS AT GENERAL MEETINGS Category: Board Proceedings at General Meetings shall include that: (a) all business that is transacted at any annual or extraordinary General Meeting, with the exception of the election of the Chairman, calling of the roll, certification of proxies and proving notice of meeting, consideration of accounts and financial statements, appointment of auditors and solicitors, and resignation and election of members to the Board, shall be deemed Special Business; (b) the nature of such Special Business and the text of any resolution to be submitted to the meeting must be set forth in the Notice of General Meeting in sufficient detail so as to permit an Owner or mortgagee to form a reasoned judgment on the nature of that business; (c) items of Special Business may or may not require a Special Resolution. Unless otherwise specifically required by the Act or these By-Laws, all business may be conducted or approved by Ordinary Resolution; (d) all General Meetings of the Corporation shall be conducted in accordance with the rules of procedure adopted by the Board; and (e) if at any time during a General Meeting the quorum requirement is absent, no business of the meeting shall be conducted except for procedural actions which consist of fixing a time to adjourn, adjournment or recess, or the taking of steps to obtain a quorum. 28. QUORUM FOR GENERAL MEETINGS Category: Board Except as otherwise provided in these By-Laws, no business shall be transacted at any General Meeting unless a quorum of persons with a right to vote is present at the time when the meeting proceeds to business. Persons representing not less than twenty-five percent (25%) of all Units present in person or by proxy shall constitute a quorum. A Unit may be represented by any one Owner or proxy. 29. ADJOURNMENT FOR LACK OF QUORUM Category: Board If within ten (10) minutes from the time appointed for a General Meeting a quorum is not present, the meeting shall stand adjourned for fifteen (15) minutes to allow further Owners to attend on the same day, at the same place, and if at the adjourned meeting a quorum is not present within five (5) minutes from the time appointed for the meeting, the persons entitled to vote who are present shall constitute a quorum. 30. CHAIRMAN FOR GENERAL MEETINGS Category: Board 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. ORDER OF BUSINESS FOR GENERAL MEETINGS Category: Board 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, certifying proxies and establishing quorum; (c) proof of notice of meeting or waiver of notice; (d) reading and disposal of any unapproved minutes; (e) reports of officers; (f) reports of committees; (g) financial report; (h) appointment of auditors; (i) unfinished business; (j) election of Board members whose term has expired; (k) new business; and (l) adjournment.
6 (VI). 32. VOTING BY SHOW OF HANDS Category: Board 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, all matters shall be determined by Ordinary Resolution. 33. POLL VOTES Category: Board A poll, if demanded, shall be taken in whatever manner the Chairman thinks fit, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. In the case of equality in the votes, whether on a show of hands or on a poll, the Chairman of the meeting is entitled to a casting vote to break a tie in addition to his original vote. A demand for a poll may be withdrawn. 34. VOTING CALCULATION Category: Board Voting calculation shall be as follows: (a) On a show of hands, each Unit is entitled to one vote. (b) On a poll, the votes of persons entitled to vote for such Unit shall correspond with the number of Unit Factors for the respective Units owned or mortgaged to them. (c) Notwithstanding anything to the contrary herein contained, the Chairman, if he determines such procedure is prudent, may hold a vote by secret ballot in regard to election to the Board. (d) An Owner has the right to vote with respect to each Unit owned and, where required, the right to vote the Unit Factors for each Unit owned. 35. VOTES PERSONALLY OR BY PROXY Category: Board Votes at any General Meeting may be given either personally or by proxy. 36. PROXIES Category: Board 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. A non-Owner carrying a proxy from an Owner is not eligible for election to the Board as a non-Owner. 37. ELIGIBILITY TO VOTE Category: Board An Owner is not entitled to exercise the power of voting conferred on the Owner by the Act or the Regulation where any contribution payable in respect of his Unit or any other obligation owing to the Corporation in respect of the Owner's Unit or Common Property is in arrears for more than thirty (30) days prior to the day that the power of voting may be exercised, but the presence of any such defaulting Owner shall be included in the count for quorum constitution purposes pursuant to By-Law 28. 38. VOTE BY CO-OWNERS Category: Board Votes by Co-Owners will be governed by the following terms: (a) Co-Owners may vote by proxy but only if the proxy is jointly appointed by them or by one of the Co-Owners appointed by the other or all others, as the case may be, and in the absence of such proxy, Co-Owners are not entitled to vote separately on a show of hands except when a Special Resolution is required by the Act, but any one Co-Owner may demand a poll. (b) On any poll, each Co-Owner is entitled to such part of the vote applicable to a Unit as is proportionate to his interest in the Unit. The joint proxy (if any) on a poll shall have a vote proportionate to the interests in the Unit of the joint Owners as do not vote personally or by individual proxy. 39. RESOLUTION OF THE OWNERS Category: Board A resolution of the Owners in writing signed by each Owner or his duly appointed proxy shall have the same effect as a resolution passed at a meeting of the Owners duly convened and held. 40. SUCCESSIVE INTERESTS Category: Board Where Owners are entitled to successive interests in a Unit, the Owner entitled to the first interest (or if his interest is mortgaged by registered first mortgage notified to the Corporation, the mortgagee under such mortgage) is alone entitled to vote, whether on a show of hands or a poll. 41. TRUSTEE VOTE Category: Board Where an Owner is a trustee, he shall exercise the voting rights in respect of the Unit to the exclusion of persons beneficially interested in the trust, and those persons shall not vote. 42. VOTING RIGHTS OF MORTGAGEE Category: Board Notwithstanding the provisions of these By-Laws with respect to appointment of a proxy, where the Owner's interest is subject to a registered mortgage and where the mortgage or these By-Laws or any statute provides that the power of voting conferred on an Owner may or shall be exercised by the mortgagee, and where the mortgagee has given written notice of its mortgage to the Corporation, no instrument or proxy shall be necessary to give the mortgagee the said power to vote. A mortgagee is not entitled to vote if any contribution payable in respect of the Owner's Unit or any other obligation owing to the Corporation in respect of the Owner's Unit or the Common Property is in arrears for more than thirty (30) days prior to the date that the power of voting may be exercised.
7 (VII). 43. VIOLATION OF BY-LAWS Category: Rules/Policies Where there is a violation of these By-Laws: (a) Any infraction or violation of or default under these By-Laws or any rules and regulations established pursuant to these By-Laws on the part of an Owner, his servants, agents, licensees, invitees or tenants that has not been corrected, remedied or cured within ten (10) days of having received written notification from the Corporation to do so (where time to remedy or cure is appropriate) may be corrected, remedied or cured by the Corporation and any costs or expenses incurred or expended by the Corporation, including legal costs on a solicitor-and-his-own-client full indemnification basis, in correcting, remedying or curing such infraction, violation or default shall be charged to such Owner and shall be added to and become part of the assessment of such Owner when such costs or expenses are expended or incurred (but not necessarily paid) by the Corporation and shall become due and payable on the date of payment of such monthly assessment and shall bear interest both before and after judgment at the Interest Rate until paid. (b) The Corporation may recover from an Owner by an action for debt in any court of competent jurisdiction any sum of money which the Corporation is required to expend as a result of any act or omission by the Owner, his servants, agents, licensees, invitees or tenants, which violates these By-Laws or any rules or regulations established pursuant to these By-Laws and for which ten (10) days' prior written notice has been given by the Corporation, and there shall be added to any judgment all costs of such action, including legal costs on a solicitor-and-his-own-client full indemnification basis. (c) If the Board determines that a breach of any By-Law has occurred, it may, by resolution, cause a notice to be delivered to the Owner alleged to be in breach specifying the nature and the particulars of the breach, and specifying a reasonable time in which the breach is to be rectified where a reasonable time to rectify is appropriate. If that is the case, the time specified shall be no earlier than ten (10) days from the date the notice is delivered to the Owner allegedly in breach. Upon resolution, the Board may impose a reasonable non-monetary or monetary sanction, the minimum monetary sanction to be One Hundred ($100.00) Dollars to a maximum monetary sanction of Ten Thousand ($10,000.00) Dollars, to be leviable upon the expiry of the time specified to rectify the breach if the breach has not been rectified, or immediately, when appropriate. The notice alleging the breach shall also specify the non-monetary or monetary sanction levied, or to be levied, if the breach is not rectified. If a tenant of an Owner is alleged to be in breach, the notice shall also be served on the tenant and it shall specify whether the Owner, the tenant, or both are liable for payment of the monetary sanction. Each day of a continuing breach shall be deemed a contravention of a By-Law. (d) Where a person fails to abide by a non-monetary sanction or to pay to the Corporation a monetary sanction imposed hereunder, the Corporation may proceed under Section 36 and/or Section 67 of the Act to enforce the sanction. (e) A sanction may not be imposed that has the effect of prohibiting or restricting the devolution of Units or any transfer, lease, mortgage or other dealing with the Units or of destroying or modifying any easement implied or created by the Act. (f) Any member of the Board or employee of the Corporation who observes that an Owner or his agents, licensees or invitees are violating the provisions of By-Law 62(b)(xvii) or 62(b)(xviii) may contact the Municipal Parking Authority, requesting that any vehicle parked or left on the Common Property in violation of the said By-Law may be ticketed or removed therefrom and be impounded in a pound maintained for that purpose. The Owner will be responsible for all costs, including towing charges and recovery of the impounded vehicle. The Corporation will not be responsible for any damage caused to the violator's vehicle by such towing, or to such vehicle while on the Common Property or at any time while the infraction is being remedied. The violator is also responsible for all costs and any damage caused to the Common Property by such violation. MEDIATION AND ARBITRATION Category: Rules/Policies Any dispute respecting any matter arising under these By-Laws may, with the agreement of the parties to the dispute, be dealt with by means of mediation, conciliation or similar techniques to encourage settlement of the dispute or be arbitrated under the Arbitration Act, R.S.A. 2000, c. A-43.
8 (VIII). 45. DAMAGE OR DESTRUCTION Category: Rules/Policies Damage or destruction shall be governed by the Board in the following manner: (a) In the event of damage or destruction as a result of fire or other casualty, the Board shall determine within sixty (60) days of the occurrence whether there has been substantial damage. For the purpose of this paragraph, substantial damage shall mean damage to the extent of twenty-five percent (25%) or more of the replacement value of all Units and Common Property immediately prior to the occurrence. Prior to making any determination under this subparagraph, the Board shall obtain the opinion of an independent insurance appraiser to the effect that substantial damage has or has not occurred. If there has been substantial damage, the Board shall convene an extraordinary General Meeting to advise the Owners that substantial damage has occurred. At least fourteen (14) days' notice of such meeting must be given to all Owners and mortgagees who have given notice. (b) Unless there has been substantial damage and the Owners resolve by Special Resolution not to proceed with repair or restoration within one hundred twenty (120) days after the damage or destruction, the Board shall arrange for prompt repair and restoration using proceeds of insurance for that purpose. The Board shall cause the proceeds of all insurance policies to be disbursed to the contractors engaged in such repair and restoration in appropriate progress payments. Any costs of such repairs and restoration in excess of the insurance proceeds shall constitute a Common Expense and the Board may assess all the Owners for such deficiency as part of the Common Expenses. Costs of repair and restoration within the deductible of any insurance coverage shall constitute a Common Expense, unless otherwise charged to an Owner under By-Law 46. (c) Where there has been substantial damage and the Owners resolve by Special Resolution within one hundred twenty (120) days after the damage or destruction not to repair, the Board may on behalf of the Owners make application to terminate the condominium status of the Parcel in accordance with the provisions of the Act, and each of the Owners shall be deemed to consent to such application. Upon termination of the condominium status: (i) any liens or charges affecting any of the Units shall be deemed to be transferred in accordance with their existing priorities to the interests of the respective Owners in the Parcel; and (ii) the proceeds of insurance shall be paid to the Insurance Trustee, if any, and the Owners and mortgagees, as their respective interests may appear, in proportion to their respective interests in the Parcel in accordance with the terms of any insurance trust agreement in effect. (d) The Corporation is not responsible for any damage or loss whatsoever caused by or to any property or contents of any nature or kind in or upon a Unit or in or upon any part of the Common Property designated for the exclusive use of any Owner. (e) No Owner shall be entitled to claim any compensation from the Corporation for any loss or damage to the property or person of the Owner arising from any defect or want of repair of the Common Property or any part thereof, unless such loss or damage is covered by the insurance held or required to be held by the Corporation pursuant to the Act or these By-Laws, whichever is the greater. (f) Where the Corporation is required to enter a Unit for the purpose of maintaining, repairing or renewing pipes, wires, cables and ducts for the time being existing in the Unit, the Corporation and its servants, employees and agents shall in carrying out any work or repairs do so in a proper and workmanlike manner and shall make good any damage to the Unit occasioned by such work and restore the Unit to its former condition, leaving the Unit clean and free from debris. (g) Notwithstanding anything to the contrary herein expressed or implied: (i) Each Owner shall be responsible to pay for damage caused to any Unit, all items in any Unit, or the Common Property by: A) himself; B) members of his family; C) his tenants or members of their families; or D) his invitees and contractors or licensees; that are not required by these By-Laws to be insured against by the Corporation (or are in fact insured against by the Corporation, whether required or not, but only up to the amount of the insurance deductible). (ii) The Corporation shall repair such damage to the Unit (for which the Corporation is responsible) or Common Property in a manner satisfactory to the Board or its representative. The Owner affected agrees to and shall reimburse the Corporation for all monies expended for labour, materials, normal overhead and profit, and all costs incurred in collection in respect of the doing of such repairs. The Board or its representative may use all or any of the remedies open to it as hereinafter set out to recover such monies for the Corporation together with interest thereon, as herein provided, for overdue assessments. Such monies shall be a charge upon his Unit to the same extent as it would be if it were a contribution levied against the Unit. 46. INSURANCE Category: Rules/Policies The insurance of the Corporation shall be governed by the following terms: (a) The Board, on behalf of the Corporation, shall obtain and maintain, subject always to the Act, and in particular, Section 47 of the Act and Part 6 of the Regulation, to the extent available, the following insurance: (i) Fire insurance with extended coverage endorsement for such perils as required by the Act (the perils insured against shall be "all risks" as that term is generally understood in the insurance business, of physical loss or damage) insuring: A) all of the insurable Common Property; B) all insurable property of the Corporation, both real and personal, of any nature whatsoever; C) all of the Units, including all Buildings (BUT EXCLUDING all Improvements and Betterments made to the Units and all furnishings and other personal property of each Owner, whether or not installed in the Building or Unit); for the full replacement cost thereof, without deduction for depreciation; and D) the interests of, and naming as, insureds: all Owners from time to time; all mortgagees who have given written notice to the Corporation; the Corporation; and the Board of Directors and any person referred to in By-Law 17 hereof; (hereinafter collectively called the "Insureds") as their respective interests may appear; (ii) Comprehensive Boiler and Machinery Insurance with coverage for all heating, ventilation and air-conditioning equipment as well as electrical and mechanical apparatus (i.e. elevators); (iii) Commercial General Liability insurance, including an endorsement for Non-Owned Automobile Liability, insuring the Insureds against any liability to the public and/or to the Owners and their invitees, licensees or tenants, incidental to the ownership and/or use of the Common Property, and such insurance shall be limited to liability in an amount not less than Two Million ($2,000,000.00) Dollars, inclusive for bodily injury and/or property damage per occurrence; (iv) Directors and Officers liability insurance, including errors and omissions coverage, in such amounts and with such deductible as the Board may determine, insuring the Board and every member thereof from time to time and all employees of the Corporation from and against all loss, costs, and expenses, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a member or officer of the Board; and (v) Such other insurance and coverage for such other risks or causes as the Board may determine or as may be determined by Special Resolution; For the purposes of any insurance obtained and maintained by the Corporation pursuant to this By-Law 46 or pursuant to the Act, it is reasonable in the circumstances of this Corporation for that insurance coverage to contain, among other limitations, exceptions, exclusions or restrictions, a deductible in an amount agreed to by the Board and the insurer. EACH OWNER IS RESPONSIBLE TO INSURE ANY IMPROVEMENTS AND BETTERMENTS TO HIS UNIT. (b) Each and every said policy of insurance shall name the Insureds and shall, as available and where applicable, provide: (i) that the policy may not be cancelled or substantially modified without at least thirty (30) days' prior written notice to all Insureds; (ii) that in no event shall insurance coverage be brought into contribution with insurance purchased by any Owner or mortgagee and such Corporation insurance shall be deemed as primary insurance; (iii) standard mortgage endorsements (IBC 3000 or its equivalent) attached to each such policy; (iv) a waiver by the insurer of its rights of subrogation against the Corporation, its Manager, agents, employees and servants, and the Owners and any member of the household of any Owner, except for arson, fraud and vehicle impact; (v) all insurance coverage dealt with in this By-Law may be subject to any reasonable deductible that is imposed or otherwise requested by the insurer; (vi) that the Corporation or the Insurance Trustee (as the case may be) shall have the right, at its sole option, to obtain a cash settlement in the event of substantial damage to the property insured and a waiver of the insurer's option to repair, rebuild or replace in the event that, after damage, the status of the condominium is terminated; (vii) the policy shall be written on a stated amount basis; (viii) a cross liability endorsement wherein the rights of any Insured shall not be prejudiced with respect to another Insured and the insurance indemnifies each insured as if a separate policy had been issued to each Insured; and (ix) subject to sub-clause (g) below, the Corporation shall obtain and pay for all glass insurance for the Project. (c) Annually, the Board shall obtain an appraisal or appraisal update from a duly qualified appraiser setting out the full replacement cost of the Common Property, Units, and all of the property of the Corporation. A copy of such appraisal or appraisal update shall be delivered to each mortgagee who has given written notice of its mortgage to the Corporation. The Board shall forthwith obtain insurance coverage under any and all such policies of insurance in accordance with such appraisal or appraisal update to insure the full replacement value as set forth in such appraisal or appraisal update. In addition to such insurance coverage for the replacement value of the Common Property, Units and any other property of the Corporation, the Board shall review and adjust the level of insurance coverage for other risks (INCLUDING liability) to such amounts and levels required. (d) A certificate or memorandum of all insurance policies and endorsements thereto shall be provided by the Board, or by the Manager on its behalf, as soon as practicable to each of the Insureds upon written request therefor. A copy of each such policy shall be forwarded upon request to each mortgagee who has in writing notified the Board of its interest. Further, a renewal certificate or memorandum of new insurance policies shall be furnished to each Insured upon request. The Master policy of all insurance coverage shall be retained by the Corporation in its offices, and shall be available for inspection by any and all of the Insureds upon reasonable request. (e) Notwithstanding anything aforesaid, all proceeds of insurance on loss or claim shall be paid to the Insurance Trustee (if any) or the Corporation, and exclusive authority to adjust losses and settle proceeds under all insurance policies shall be vested in the Board, its authorized representative, or the Insurance Trustee (if any), and any expenses of the Insurance Trustee shall be treated as Common Expenses of the Corporation. (f) The Owners shall carry insurance on their own Units as permitted by the Act, provided that the liability of the insurers issuing insurance obtained by the Board hereunder shall not be affected or diminished by reason of insurance so carried by any Unit Owner AND PROVIDED FURTHER that neither the Corporation nor the Board shall be required or have any duty to insure the rental revenue of Owners, interests of tenants against liability or other risks, or the interests of tenants or Owners for their Improvements and Betterments, belongings, contents or other property. The insuring of any Improvements and Betterments, rental revenue, belongings, contents or other property within a Unit or on any Privacy Area is the sole responsibility of the Owner, tenant or Occupant of the Unit and they shall not require the Corporation or the Board to repair any damage to any Improvements and Betterments, belongings, contents or other property within or to the Unit, however caused. (g) Regardless of whether a claim is made under any insurance policy of the Corporation, if the Board, in its sole discretion and acting reasonably, determines that: (i) an Owner (or members of his family, his tenants or members of their families, his invitees, contractors or licensees) is responsible for the loss or damage that gave rise to the potential claim; or (ii) if the loss originated from the Owner's Unit; the Corporation may, at the discretion of the Board, recover the deductible portion of the claim (whether made or not) from that Owner and such amount shall be recoverable by the Corporation as a contribution due to the Corporation, together with interest thereon as herein provided, for the amount of the deductible and all costs, charges and liabilities associated therewith (including legal costs on a solicitor-and-his-own-client full indemnification basis) and with the collection thereof incurred by the Corporation, and such monies shall be a charge upon his Unit to the same extent as it would be if it were a contribution levied against the Unit.
9 (IX). 47. CONTRIBUTIONS FOR COMMON EXPENSES AND BUDGETS Category: Rules/Policies The particulars that govern the contributions for Common Expenses and budgets shall include that: (a) The Common Expenses of the Corporation shall be paid by the Owners in proportion to the Unit Factors for their respective Units or as otherwise provided herein and, without limiting the generality hereof, shall include the following: (i) All levies or charges on account of garbage and/or any recycling removal, electricity, water, sewer, gas and fuel services and television antenna or cable services (if any) supplied to the Corporation for the Project and for the benefit of all Owners and not charged directly to any one Owner either by meter or otherwise; (ii) Management fees and Insurance Trustee fees, if any, wages, salaries, taxes and other expenses payable to or on account of employees or independent contractors of the Corporation; (iii) All charges for cleaning or sweeping of parking areas, lawn maintenance and landscaping and for snow and debris clearance from Common Property not designated as a Privacy Area; (iv) All charges on account of lighting fixtures and bulbs situated on any Unit owned by the Corporation or on the Common Property; (v) All charges on account of maintenance for any Unit owned by the Corporation, or for those portions of a Unit or Common Property for which the Corporation is responsible under these By-Laws; (vi) All costs of furnishings, tools and equipment for use in and about the Project facilities including the repair, maintenance or replacement thereof; (vii) All insurance costs in respect of the insurance for which the Corporation is responsible under these By-Laws and/or the Act; (viii) All charges incurred by the Corporation on account of maintenance, improvement, operation, repair, replacement or restoration of any Unit for which it is responsible or the Common Property, either in the absence of insurance coverage or within the deductible of insurance coverage, unless up to the insurance deductible amount is charged back to an Owner under By-Law 45 or 46; (ix) All costs of and charges for all manner of consultation, professional and servicing assistance required by the Corporation including, without limiting the generality of the foregoing, all legal, accounting, auditing and engineering fees and disbursements; (x) All reserves for repairs and replacement of Common Property, any Unit owned by the Corporation, and portions of Units or Buildings the repair or replacement of which is the responsibility of the Corporation; (xi) All costs of maintenance of the exterior walls, roof and other structural components of the Building; (xii) Maintenance of the heating and ventilating systems; (xiii) The cost of maintaining fidelity bonds or crime coverage insurance as provided in these By-Laws; (xiv) The cost of borrowing money for the purpose of carrying out the duties and objects of the Corporation; (xv) The allocable or pro rata portion of the cost of any electricity taken from any exterior electrical outlet which is billed directly to an Owner by the provider of such electricity and which is used by the Corporation for purposes of operating or maintaining Common Property; and (xvi) The cost of any security or Building intercommunication system. (b) At least fifteen (15) days prior to the end of each fiscal year the Corporation shall deliver or mail to each Owner at the Municipal address of his Unit or to such other address as notified to the Manager or the Corporation: (i) a copy of the budget for the ensuing fiscal year; and (ii) a notice of the assessment for the Owners' contribution towards the Common Expenses of the Corporation for said ensuing fiscal year. Said assessment shall be made to the Owners in proportion to the Unit Factors for their respective Units EXCEPT, in the sole discretion of the Board, acting reasonably: A) any expenses which should be paid on a per Unit basis to be fair and equitable may be so charged; B) any expenses that relate directly and solely to the maintenance, improvement, operation, repair, replacement or restoration of all or part of the Common Property or of any one or more Units and not all the Units may be charged and shall be paid solely by the recipient Unit Owners of such maintenance, improvement, operation, repair, replacement or restoration, as the Board may determine; and C) the Board may assess against any Owner or Owners and their respective Units any expense, cost or charge as the Board may, from time to time, and at any time, resolve, provided that such manner of assessment shall be notified to the Owner or Owners being assessed and without limiting the generality of the foregoing, allocation and assessment of the whole of an expense, cost or charge to a single Owner or Unit or group of Owners or Units to the exclusion of other Owners or Units shall be permitted. (c) The budget shall be determined on a reasonable economic basis, be prepared in accordance with generally accepted accounting principles, and shall set out by categories an estimate of the Common Expenses of the Corporation for the next fiscal year. The budget may include a reasonable provision for contingencies and shall include a reasonable provision for the Capital Replacement Reserve Fund. (d) The Capital Replacement Reserve Fund may be used for the repair or replacement of any real and personal property owned by the Corporation and the Common Property but is not intended to be used to cover annually recurring maintenance and repair costs which are to be set out and provided for in the annual budget. (e) Each Owner's contribution shall be payable to the Corporation, or to any other person, firm or corporation to whom the Corporation shall direct payment to be made from time to time, in twelve (12) equal consecutive monthly instalments, payable in advance on the first day of each month, the first instalment to be made on the 1st day of the month immediately following receipt of such notice of assessment, or such other time as may be prescribed by the Corporation. (f) All payments of whatsoever nature required to be made by each Owner and not paid within ten (10) days from the due date for payment shall bear interest at the Interest Rate from the date when due until paid. All payments on account shall first be applied to interest and then to the assessment payment first due. (g) The Corporation shall, on the application of an Owner, purchaser or mortgagee or solicitor for an Owner, purchaser or mortgagee or any person authorized in writing by any of those persons, certify within ten (10) days: (i) the amount of any contribution determined as the contribution of the Owner; (ii) the manner in which the contribution is payable; (iii) the extent to which the contribution has been paid by the Owner; and (iv) the interest owing, if any, on any unpaid balance of a contribution; and, in favour of any person dealing with that Owner, the certificate is conclusive proof of the matters certified therein. (h) Upon the written request of an Owner, purchaser or mortgagee of a Unit, the Corporation shall, within ten (10) days of receiving that request, provide to the person making the request one or more of the following as requested by that person: (i) a statement setting forth the amount of the monthly contributions and the basis on which that amount was determined; (ii) the particulars of: A) any action commenced against the Corporation and served upon the Corporation; B) any unsatisfied judgment or order for which the Corporation is liable; and C) any written demand made upon the Corporation for an amount in excess of Five Thousand ($5,000.00) Dollars that, if not met, may result in an action being brought against the Corporation; (iii) the particulars of or a copy of any subsisting management agreement; (iv) the particulars of or a copy of any subsisting recreational agreement; (v) a copy of the current budget of the Corporation; (vi) a copy of the most recent financial statements, if any, of the Corporation; (vii) a copy of the By-Laws of the Corporation; (viii) a copy of any minutes of proceedings of a General Meeting of the Corporation or of the Board; (ix) the particulars of or a copy of any subsisting lease agreement or exclusive use agreement with respect to the possession of a portion of the Common Property, including any parking stall; (x) a statement setting forth the amount of the Capital Replacement Reserve Fund; (xi) a statement setting forth the Unit Factors and the criteria used to determine Unit Factor allocation; (xii) a statement setting forth any structural deficiencies that the Corporation has knowledge of at the time of the request in any of the Buildings that are included in the Condominium Plan; and (xiii) In the case of a mortgagee, the records pertaining to the management or administration of the Corporation as prescribed in Section 45 of the Act. (i) The omission by the Board to fix the contributions hereunder for the next ensuing fiscal year or other period provided for herein shall not be deemed a waiver or modification in any respect of the provisions of these By-Laws or release of any Owner from their obligation to pay the contributions or special assessments, or any instalments thereof for any year or period, but the contributions fixed from time to time shall continue until new contributions are fixed. No Owner can exempt himself from liability for his contributions toward the Common Expenses by waiver of the use or enjoyment of any of the Common Property or by vacating or abandoning his Unit. (j) The Board or the Manager supplying any documents required to be provided in these By-Laws or under Section 44 of the Act shall be entitled to charge a reasonable fee for the production thereof. 48. SPECIAL ASSESSMENTS Category: Rules/Policies If at any time it appears that the annual contributions toward the Common Expenses will be insufficient to meet the Corporation's obligations, the Corporation may assess and collect a special contribution or assessment against each Unit in an amount sufficient to cover the additional anticipated Common Expenses. The Corporation shall give notice of such further assessment to all Owners, which shall include a written statement setting out the reasons for the assessment, and each assessment shall be due and payable by each Owner in the manner and on the date or dates specified in the notice. Each such special assessment shall be determined and assessed against the Owners in proportion to their Unit Factors or as set forth in By-Law 47(b)(ii). All such special assessments shall be payable within ten (10) days of the due date for payment as specified in the notice and, if not paid, shall bear interest at the Interest Rate from the due date until paid. 49. DEFAULT IN PAYMENT OF CONTRIBUTIONS, ASSESSMENTS, INSTALMENTS AND PAYMENTS Category: Rules/Policies Default in payment of contributions, assessments, instalments, payments, and liens for unpaid contributions, assessments, instalments and payments shall be governed by the following terms: (a) The Corporation shall and does hereby have a lien on and a charge against the estate or interest of any Owner in a Unit for any unpaid contribution, assessment, instalment or payment due to the Corporation, which lien shall be a lien against such estate or interest of such Owner. The Corporation shall have the right to file a caveat or encumbrance against the Unit title or interest of such Owner in respect of the lien or charge for the amount of such unpaid contribution, assessment, instalment or payment as hereinbefore mentioned, and for so long as such unpaid contribution, assessment, instalment or payment remains unpaid, provided that each such caveat or encumbrance shall not be registered until after the expiration of thirty (30) days following the due date for the first payment in arrears. As further and better security, each Owner responsible for any such unpaid contribution, assessment, instalment or payment which is in arrears for more than thirty (30) days shall give to the Corporation a mortgage or encumbrance for the full amount thereof and all contributions, assessments, instalments and/or payments, and interest thereon at the Interest Rate from the due date or dates for payment of the same. The Corporation shall be entitled to enforce its lien, charge and security and pursue such remedies as may be available to it at law or in equity, including the recovery by the Corporation of its legal fees and disbursements on a solicitor-and-his-own-client full indemnification basis from such defaulting Owner; (b) The Owners acknowledge and agree that amounts payable other than in proportion to Unit Factors under Section 39 of the Act include, without limitation, legal fees on a solicitor-and-his-own-client full indemnification basis and administrative expenses and fees (including NSF charges) incurred by the Corporation in respect of recovery of unpaid contributions, assessments, instalments or payments due to the Corporation, and that they shall be deemed to be payable on a basis other than in proportion to the Unit Factors of the Owner's respective Unit pursuant to Section 39(1)(c)(ii) of the Act. The Owners acknowledge and agree that these expenses are incurred as a result of the failure of an Owner to pay contributions, assessments, special assessments, instalments or payments due to the Corporation and, as a result, the Owner of the subject Unit shall be solely responsible to pay these expenses and they shall be charged to the Owner's Unit and shall be added to and become part of the contribution and assessment of such Owner when such costs or expenses are expended or incurred by the Corporation, and shall bear interest both before and after judgment at the Interest Rate until paid; (c) Any other Owner or person, firm, or corporation whatsoever may pay any unpaid contribution, assessment, instalment or payment after the expiration of thirty (30) days following the due date for payment by the Owner in default, with respect to a Unit, and upon such payment, such party, person, firm or corporation shall have a lien and shall be entitled to file a caveat or encumbrance in respect of the amount so paid on behalf of the Owner in default, and shall be entitled to enforce his lien, thereby created, in accordance with the other terms and conditions of this provision; (d) Notwithstanding and in addition to any other term, condition or provision herein contained or implied, each unpaid contribution, assessment, instalment or payment shall be deemed a separate, distinct and personal debt and obligation of the Owner against whom the same is assessed and collectible as such. Any action, suit or proceeding to recover such debt or to realize on any judgment therefor shall be maintainable as a separate action, suit or proceeding without foreclosing or waiving the lien, charge or security securing the same; (e) In the event of any assessment against or instalment or payment due from an Owner remaining due and unpaid for a period of ninety (90) days, the Board shall give notice of such default to all mortgagees having an interest in such Owner's Unit who have notified their interests to the Corporation; (f) In the event of any assessment against or instalment or payment due from an Owner remaining due and unpaid for a period of thirty (30) days, the Board, at its election, may accelerate the remaining monthly contributions, assessments, instalments and payments for the fiscal year then current upon notice to the Owner in arrears, and thereupon all such unpaid and accelerated monthly contributions, assessments, instalments and payments shall become payable on and as of the date of the said notice, PROVIDED THAT such acceleration shall not be binding upon any registered mortgagee; and (g) All reasonable costs of the Manager, administration costs, and legal costs and disbursements incurred by the Corporation (INCLUDING legal costs on a solicitor-and-his-own-client full indemnification basis) which either the Manager or the Corporation expends as a result of any conduct, act or omission of an Owner, his servants, agents, licensees, invitees or tenants which violates these By-Laws or any rules or regulations established pursuant thereto, or incurred in any way for securing or enforcing its interests hereunder or the taking of any remedies to cure any default hereunder, shall constitute a payment due to the Corporation.
10 (X). ESTOPPEL CERTIFICATE Category: Rules/Policies Any certificate as to an Owner's position with regard to contributions, expense assessments or otherwise, issued by an officer of the Corporation or the Manager shall be deemed to be an Estoppel Certificate, and the Corporation and all of the Owners shall be estopped from denying the accuracy of such certificate against any mortgagee, purchaser or other person dealing with the Owner, but this shall not prevent the enforcement against the Owner incurring the said expense of all obligations of the said Owner, whether improperly stated in such Estoppel Certificate or not. The Corporation authorizes the Manager to issue an Estoppel Certificate certifying payment of all contributions upon receipt by the Manager of payment of such contributions, notwithstanding that such payment is subsequently dishonoured or stopped by a financial institution. 51. LEASING OF UNITS Category: Unit Owners In the leasing of Units, the following provisions shall govern: (a) In the event that any Owner desires to lease or rent his Unit he shall: (i) give written notice to the Corporation of the Owner's intent to lease or rent the Unit, and provide the Corporation with the address at which the Owner may be served with any notice given by the Corporation; and (ii) provide the tenant with a copy of the By-Laws, and provide to the Corporation an undertaking, in form satisfactory to the Corporation as set forth in By-Law 62(d) and signed by the proposed tenant or Occupant, that the proposed tenant or Occupant of the Unit will comply with the provisions of the Act and of the By-Laws of the Corporation. If requested by the Board, the tenant must provide to the Board a certificate of insurance evidencing existence of a tenant's insurance policy within twenty (20) days of occupancy. The Owner shall not be released of any of his obligations and shall be jointly and severally liable with the proposed tenant or Occupant with respect to such obligations. (b) The Corporation IS HEREBY AUTHORIZED TO: (i) Impose and collect deposits under Section 53 of the Act. If any deposit is used in accordance with the Act or these By-Laws, the Owner shall replace that portion of the deposit used within ten (10) days of being notified, in writing, by the Board of its use; (ii) Give notices to give up possession of residential Units under Section 54 of the Act; and (iii) Make applications to the Court under Sections 55 and 56 of the Act. (c) No Occupant or tenant shall be liable for the payment of contributions or assessments or Common Expenses under these By-Laws unless notified by the Corporation that the Owner from whom he rents the Unit is in default of payment of contributions, in which case the Occupant or tenant shall deduct from the rent payable to the Owner such default contributions and shall pay the same to the Corporation. Any such payment by the Occupant or tenant shall be deemed to be a rental payment made to the Owner. SEVERABILITY Category: General The provisions hereof shall be deemed independent and severable and the invalidity in whole or in part of any By-Law does not affect the validity of the remaining By-Laws, which shall continue in full force and effect as if such invalid portion had never been included herein. 53. NOTICES Category: General Unless otherwise expressly provided in these By-Laws, service of any notice required to be given under the Act or under these By-Laws shall be well and sufficiently given if: (a) personally delivered to the recipient; (b) sent by prepaid mail to: (i) the Owner at the address of his Unit or other known address; (ii) the address shown on the Certificate of Title to the Unit at the Land Titles Office; (iii) the Corporation at its address for service shown on the Condominium Plan; or (iv) to a mortgagee at its address supplied to the Corporation; (c) left with the Owner or some other adult person at the said address of the Unit; (d) put under or in the front door of the Unit; or (e) delivered by e-mail to the electronic address provided to the Corporation by an Owner with a read receipt acknowledgement. Any notice given by post shall be deemed to have been sent and received forty-eight (48) hours after it is posted. An Owner or a mortgagee may at any time in writing advise the Corporation of any change of address at which notices shall be served or given and thereafter the address specified therein shall be deemed to be the address of such Owner or a mortgagee, as the case may be, for the giving of notices. The word "notice" shall include any request, statement or other writing required or permitted to be given hereunder or pursuant to the Act or these By-Laws. No form of notice under these By-Laws shall be deemed invalid solely because it was transmitted by facsimile or e-mail. 54. NOTICE OF DEFAULT TO MORTGAGEES Category: Rules/Policies Where a mortgagee has notified the Corporation of its interest, any notice of default sent to an Owner shall also be sent to the mortgagee if such default continues for a period of ninety (90) days. 55. DEBT RETIREMENT ON TERMINATION Category: Rules/Policies Subject to the provisions of the Act, upon termination of the condominium status for any purpose, all debts of the Corporation shall first be paid out of the assets, and the balance of the assets, if any, shall be distributed to the Owners in proportion to the respective area of their respective Unit or otherwise in accordance with the principles set forth in By-Law 47(b)(ii), subject to the interests of any mortgagees. 56. COMPANY WHICH IS MEMBER OF BOARD Category: Board A company which is a member of the Board may, by proxy, power of attorney or resolution of its directors, appoint any shareholder or director of the company to act as its representative on the Board and to attend meetings thereof and vote at such meetings on behalf of the company, and such representative shall be entitled to so act provided notice in writing thereof shall have been given to the Board. 57. ALTERNATE BOARD REPRESENTATIVE Category: Board A representative of a company on the Board may appoint another shareholder or director of the company, whether another Owner or not and whether a member of the Board or not, to serve as his alternate representative on the Board and as such to attend and vote in his stead at meetings of the Board and to do anything specifically provided for in these By-Laws. Such alternate shall, if present, be included in the count for quorum and, if he be a member of the Board, he shall be entitled to two votes, one as a member of the Board and the other as an alternate representative of a member of the Board. If the representative so directs, notice of meetings of the Board shall be sent to the alternate representative of a member of the Board. If and when the appointing representative vacates the office of a representative of a member of the Board or removes the alternate representative from office as alternate representative, any appointment or removal under this By-Law shall be made in writing under the hand of the representative making the same. 58. PRIVACY AREAS AND PARKING AREAS Category: Unit Owners Privacy and parking areas shall be governed by the following terms: (a) The Owner of a Unit shall have the exclusive use of: (i) any balcony or patio area immediately adjacent and affixed to his Unit to which he has sole access; (ii) a storage locker in the underground parkade; and (iii) at least one (1) parking stall in the underground parkade for the sole purpose of parking a Private Motor Vehicle thereon; which shall constitute Privacy Areas granted to an Owner pursuant to By-Law 5. Only an Occupant of a Unit may use a parking stall, and any landscaping or decoration of balconies and patios may only be carried out after the express written consent of the Board has been obtained therefor, and the maintenance and repair of such approved landscaping or decoration shall be the sole responsibility of those Owners who have their exclusive use. Any Owner who wishes to make structural changes to a balcony or patio must apply in writing to the Board for approval prior to commencing any work; (b) The Board may, in addition to other restrictions set out in these By-Laws, specify and limit the nature and extent of the use or uses of any such Privacy Area assigned or designated by it hereunder; (c) While any such Privacy Area is not included in the Condominium Plan as part of a Unit, and shall not be deemed to be an area leased pursuant to Section 50 of the Act, any such Privacy Area shall be swept as required and maintained on a day-to-day basis in a clean and sightly condition at the sole expense of the Owner to whom it has been assigned PROVIDED THAT the Board shall be responsible for clearing slush, snow and debris from the entrance areas, walkways and the parking areas, and structurally maintaining fences, privacy dividers, parking areas, balconies, patios (and their walls and rails) and walkways to a standard considered reasonable by the Board. An Owner shall structurally maintain any approved Owner-initiated improvements to their Privacy Area or Unit; (d) If the Owner shall fail to properly maintain any such Privacy Area assigned to him after ten (10) days' notice to him to correct any maintenance problem set forth in said notice from the Board, then the Board or its representative may order the maintenance corrected and the Owner affected shall reimburse the Board for all monies expended and all costs incurred in order to rectify said maintenance problem and pay interest thereon at the Interest Rate after demand for payment. Such monies and costs shall be recoverable by the Corporation as a contribution due to the Corporation (including legal costs on a solicitor-and-his-own-client full indemnification basis); (e) The term Privacy Area does not include any fence, rail, wall, privacy screen or similar structure bordering any designated Privacy Area. An Owner shall not paint, seal or attach any permanent covering to any balcony or patio; and (f) The Corporation and its servants and agents shall, notwithstanding the grant of any right, licence or privilege of exclusive use of any area to any Owner, have and enjoy free and uninterrupted right at any and all times and from time to time to enter upon, pass and re-pass over, and occupy any and all parts of such Privacy Area for the purpose of carrying out any of the duties or functions of the Corporation. REALTY TAXES Category: Rules/Policies The realty taxes and other Municipal and governmental levies or assessments against land, including improvements, comprising all or any part of the Units and the Common Property comprising the Project shall be assessed and imposed in accordance with provisions of the Act. 60. INDEMNIFICATION OF OFFICERS AND MANAGERS Category: Board The Corporation shall indemnify every member of the Board, Manager, officer or employee and his or her heirs, executors and administrators against all loss, costs and expense, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a Board member, Manager or officer of the Corporation, except as to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for fines or penalties imposed in a criminal suit or action or for unjustified profit or advantage or for any illegal act done or attempted in bad faith or dishonesty. All liability, loss, damage, costs and expenses incurred or suffered by the Corporation by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Corporation as Common Expenses. The Corporation may by Ordinary Resolution require that all members of the Board be bonded by a recognized bonding institution in an amount not less than the total amount of the Capital Replacement Reserve Fund of the Corporation, the cost of such bonding to constitute a Common Expense of the Corporation. 61. NON-PROFIT CORPORATION Category: General The Corporation is not organized for profit. No Owner, member of the Board or person from whom the Corporation may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operations thereof. The foregoing, however, shall neither prevent nor restrict the following: (a) reasonable compensation may be paid to any member of the Board or Owner while acting as an agent or employee of the Corporation for services rendered in effecting one or more of the purposes of the Corporation; (b) any member of the Board or Owner may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Corporation; and (c) members of the Board may receive an annual honorarium or stipend established pursuant to By-Law 5(l). 62. USE AND OCCUPANCY RESTRICTIONS Category: Rules/Policies The use and occupancy of Units shall be governed by the following terms: (a) In this By-Law: (i) "Owner" includes a tenant; and (ii) "Occupant" means a regular and ordinary presence in the Unit whether or not the person is frequently absent by reason of employment or ill health. A person shall be deemed to be an Occupant if his or her occupation of the Unit exceeds sixty (60) consecutive days. (b) An Owner or Occupant SHALL NOT: (i) use his Unit, or any part thereof, for any purpose which may be illegal or injurious to the reputation of the Project, for any commercial, professional or other business purposes, for hotel or guest house type purposes, or for any purpose involving the attendance of the public at such Unit unless such use constitutes an authorized, permitted or discretionary use or approved "home occupation" as defined in the relevant Municipal bylaw, provided such home occupation does not require deliveries, signage, storage of stock-in-trade, or public visits to the Unit. No Owner or Occupant shall use a Unit to provide a day care centre or commercial babysitting services without the prior written consent of the Board, which consent may be arbitrarily withheld; (ii) make or permit noise in or about any Unit or the Common Property or allow any odour to emanate or escape from his Unit or conduct himself in any manner which, in the opinion of the Board, constitutes a nuisance or unreasonably interferes with the use and enjoyment of a Unit or the Common Property by any other Owner or Occupant. No musical instrument, audio system, power tool or other device shall be used within a Unit which in the opinion of the Board causes a disturbance or interferes with the comfort of other Owners; (iii) keep or allow any pet or animal of any kind (except fish in a tank or caged birds) at any time to be in his Unit or on the Common Property; (iv) use or permit the use of his Unit other than for a private residential use, except as may be permitted under the relevant Municipal bylaws as per subparagraph (i) hereof; (v) permit his Unit to be occupied as a place of residence by more than five (5) persons at any given time without the consent in writing of the Board. The Board must be advised of the names and number of persons permanently residing in an Owner's Unit; (vi) do any act or permit any act to be done, or alter or permit to be altered his Unit in any manner, which will alter the exterior appearance or the structure comprising his or any other Units including the painting of any portion of the Building, balcony or patio without the prior written approval of the Board. An Owner shall not apply any surface or overhead covering of any kind to a balcony or patio without the prior written consent of the Board. No items shall be stored or placed in a hallway; (vii) permit laundry (including towels and bathing suits), rugs, blankets or sleeping bags to be hung other than inside the Unit; (viii) erect or place any building, structure, camper van, motorhome, tent or trailer (either with or without living, sleeping or eating accommodation) on any parking area or on the Common Property or on any Privacy Area assigned to him without the prior written consent of the Board; (ix) permit, erect or hang over or cause to be erected or to remain outside any window or door or any other part of a Unit or on a balcony, patio or on the Common Property any clothes lines, garbage disposal equipment, recreational or athletic equipment, bike racks, fences, hedges, barriers, partitions, awnings, shades or screens, extension cords or any other matter or thing without the prior written consent of the Board. No television or mobile telephone or radio antenna, tower or similar structure or appurtenances thereto or satellite dish shall be erected on or fastened to any Unit or on the Common Property without the prior written consent of the Board. No air conditioning system of any kind shall be installed or placed in a Unit or on the Common Property without the prior written consent of the Board; (x) overload existing electrical circuits or store any firearms or combustible, flammable or offensive goods, provisions or materials in his Unit or on the Common Property, including his parking stall or Privacy Area, (normal cleaning products, related household goods, or electric or natural gas barbeques excepted) without the prior written consent of the Board. No propane tanks shall be brought onto the Project or into any Building; (xi) do anything or permit anything to be done in his Unit or upon the Common Property or the real or personal property of the Corporation or fail to do any act or thing which will or would tend to increase the risk of fire or the rate of insurance premiums with respect thereto or which would render invalid any insurance maintained by the Corporation; (xii) do anything or permit anything to be done by any Occupant in his Unit or on the Common Property that is contrary to any statute, ordinance, bylaw or regulation of any government authority whether Federal, Provincial, Municipal or otherwise; (xiii) do or permit anything to be done that may cause damage to trees, plants, bushes, flowers or lawns and shall not place chairs, tables, devices or other objects on the lawns and grounds so as to damage them or to prevent growth or to interfere with the cutting of the lawns or the maintenance of the grounds generally; (xiv) deposit customary household refuse and garbage outside his Unit other than in proper secure garbage bags, which are tightly wrapped and tied, placed in the garbage chute or enclosures provided by the Corporation. Additionally: A) the garbage chute may only be used between the hours of 8:00 a.m. and 9:00 p.m. daily; B) breakable objects (except recyclable glass bottles and jars) may be placed in the chute if placed in a securely tied plastic bag; C) any boxes or bulky items that may block the chute must be carried to the garbage enclosure; D) all other bulk and hazardous waste items such as discarded household furnishings, electronic equipment, appliances, tires, paint, packing cartons or crates that the Municipal Solid Waste Services Department will not normally collect shall be removed from the Project by the Owner at his sole cost and expense; E) no Owner shall leave garbage outside a Unit or on a Privacy Area; F) all recyclable items for which bins are provided in the garbage room shall be carried in non-drip containers and placed in such bins to be disposed of as directed by the Board and/or the Municipality; and G) burning or smouldering material or flammable liquids or aerosol cans may not be placed in the chute; (xv) erect, place, allow, keep or display signs, billboards, advertising matter or other notices or displays of any kind on the Common Property including any Privacy Area assigned to him or in or about any Unit in any manner which may make the same visible from the outside of the Unit without the prior written consent of the Board, provided that an Owner may display notice of an alarm system in a Unit without the approval of the Board; (xvi) permit any member of his household, guests or visitors to trespass on the part of the Parcel to which another Owner is entitled to exclusive use; (xvii) in regard to parking and operating a Private Motor Vehicle on the Project: A) park in such a manner that a Private Motor Vehicle extends outside of the parking stall boundaries or interferes or obstructs any walkway, passage, driveway or parking area. A motorcycle and/or bicycle may be parked in a parking stall with a Private Motor Vehicle provided all fit entirely within the stall; B) park in visitor parking at any time, and visitors to his Unit shall only park in visitor parking; C) use any common driveway other than for ingress to and egress from a parking stall; D) wash Private Motor Vehicles anywhere on the Project except in the car wash bay; E) carry out any major repairs or adjustments to Private Motor Vehicles on the Project; F) allow trailers, campers, boats, snowmobiles, trail bikes, all-terrain vehicles, or any type of motor home or recreational vehicle or equipment to be parked or stored in a parking stall or on the Common Property unless authorized by the Board; G) drive any Private Motor Vehicle on the Common Property at a speed in excess of fifteen (15) kilometres per hour or in any manner that the Board, in its sole discretion, deems hazardous or dangerous; H) bring onto the Project any vehicle other than a Private Motor Vehicle or any vehicle which is, in the sole opinion of the Board, objectionably noisy due to faulty muffler or other mechanical malfunction, or which is a source of other annoying noises or odours; I) keep on the Common Property any Private Motor Vehicle which is not currently licensed, insured and in operating condition; J) park any Private Motor Vehicle anywhere on the Project which leaks oil, grease, fuel or antifreeze or which is, in any other way, offensive or hazardous. If such leak occurs, an Owner shall clean up the leakage as soon as reasonably possible. If not done expeditiously by an Owner, the Board may do so and charge all costs to the Owner; K) charge any electric Private Motor Vehicle, whether by trickle charge or otherwise, anywhere on the Project without the prior written consent of the Board; L) allow any propane-powered Private Motor Vehicle to be brought into, kept, or stored in the underground parkade; M) allow any Private Motor Vehicle to idle or run longer than the minimum time required to enter or exit the parkade. Motors shall be turned off when Private Motor Vehicles are parked; N) store any personal belongings on or erect any structures or improvements on a parking stall without the prior written consent of the Board; O) contravene the parking restrictions as posted on any area designated for vehicular traffic without prior written Board approval; or P) during such time as an Owner or any member of his household is permitted by the Board to use a handicapped parking stall, the non-handicapped parking stall designated for the use by such Owner of the residential Unit shall not be used by the Owner of that residential Unit and may be re-designated by the Board; (xviii) obstruct or permit any walkway, passage or driveways or parking areas to be obstructed by his family, guests or visitors or their vehicles; (xix) shake blankets, rugs, mops or dusters of any kind nor throw anything out any windows in his Unit or on the Common Property, nor permit anything of this kind to be done. No doormats, shoes or other articles are allowed to be left outside the entrance hallway door to a Unit; (xx) make or cause to be made: A) any structural, common mechanical, common plumbing, common drainage, common gas or common electrical system changes, alterations or additions to his Unit; or B) any structural alterations to the outer boundary of any Unit including load-bearing walls; or C) any changes or alterations to any ceiling or floor; without first having the tradespeople, design and specifications of such alteration or addition approved in writing by the Board. If requested by the Board, the Owner requesting such approval agrees to: 1) pay the cost of any engineer, architect or other expert reasonably engaged by the Board to review the design and specifications or advise the Board; 2) obtain, at his own expense, and provide the Board with, all required permits and inspection reports within ten (10) days of receipt of the same; 3) pay any costs incurred by the Corporation for restoration or removal by the Board (or its duly authorized representative(s)) of any alteration or addition made by an Owner without such approval. Such costs shall bear interest at the Interest Rate from the time such costs are incurred until paid and may be recovered by the Corporation as a contribution due to the Corporation (including legal costs on a solicitor-and-his-own-client full indemnification basis); 4) disclose all contractors and sub-contractors and evidence of appropriate insurance coverage, such as construction insurance (if applicable) and WCB coverage; 5) provide copies of any final plans showing the changes after the renovations are completed, drawn on an "as-built" basis; 6) ensure that all renovations are done between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday with no work being done on weekends or statutory holidays, and shall comply with all Municipal noise bylaws; 7) ensure removal of debris from the Unit and keep the Common Property in a clean and neat condition while the renovation work is being done. No renovation debris is to be disposed of in any Corporation garbage or recycling receptacles. Notwithstanding that the Owner may have an agreement with any party doing renovations to remove such debris, the ultimate responsibility for removal of debris and maintenance of Common Property remains with the Owner; and 8) ensure the Board's satisfaction that the cosmetic and/or resulting sound effects of any changes are in keeping with the appearance of the other Units and of the Project as a whole, and that any such changes do not in any way affect the quiet enjoyment of any other Owners in respect of the use by other Owners of their own Units; (xxi) install a hot tub anywhere in a Unit or on the Project. A jetted tub may only be installed after receiving the prior written consent of the Board; (xxii) use a toilet, sink, tub, drain or other plumbing fixture for a purpose other than that for which it is constructed; (xxiii) dispose of fats, oils, grease, paint, towels, rags, personal hygiene products and wipes down sink drains, toilets, floor drains or into any part of the sewer system; (xxiv) allow his Unit, parking stall, Privacy Area or the area around his premises to become untidy, unsanitary or unsightly in appearance. The Board shall be at liberty to remove any rubbish or clean up the Common Property in close proximity to an Owner's premises to its satisfaction and charge the expense to the Owner; (xxv) be responsible for clearing snow other than from his own balcony or patio. An Owner must not shovel snow, run water, throw anything or allow anything to fall onto the Privacy Area of another Owner; (xxvi) use his balcony, patio, parking stall or other areas outside of his Unit for the storage of personal belongings or other goods and chattels or allow or cause any household or personal effects or articles belonging to him to be kept anywhere except inside his respective Unit when not in actual use. Additionally: A) each Owner will comply with all requests of the Board or its representatives regarding storage of such items; B) an electric or natural gas barbeque, lawn furniture, flower pots and neat storage boxes (not exceeding the height of the balcony or patio railing in height) are permitted on a balcony or patio; C) bicycles are permitted in Units, storage lockers, or in a parking stall, but are not permitted on balconies or patios, nor shall they be chained or stored on Common Property other than as herein provided; D) no food smokers, combustibles, packing boxes, tires or paints shall be stored or used on any balcony or patio; E) no unsecured objects or unsecured flower pots shall be placed on any balcony or patio railing. An Owner shall not hang any flower pot from a balcony or patio or balcony or patio ceiling, or the Building; (xxvii) feed or harbour pigeons, gulls, other birds, squirrels or any wildlife from the balcony, patio or windows of his Unit or on the Common Property. No bird feeders or squirrel feeders are allowed anywhere on the Common Property or a Privacy Area; (xxviii) render a Unit unfit for human habitation. An Owner shall control all pests inside a Unit (regardless of the origin of such pests) and shall be responsible for the costs associated with such pest control; (xxix) smoke, vape or allow smoking or vaping of any product or substance anywhere on the Common Property within the building and including on a balcony or patio and shall: A) attempt to restrict smoke, vapor and other noxious substances from entering adjoining premises; and B) not throw cigarette butts, matches or other smoking or combustible materials out of windows or over balconies, patios or anywhere on the Common Property; (xxx) move furnishings except during times established by the Board in its sole discretion so as to cause the least disturbance to other Owners; (xxxi) paint, decorate or otherwise alter any portion of the Building or a Unit required to be maintained by the Corporation without the prior written consent of the Board; (xxxii) install any flags, wind socks, wind chimes or awnings on any Privacy Area or anywhere outside a Unit without the prior written consent of the Board; (xxxiii) without the written consent of the Board, have any right of access to those portions of the Common Property used from time to time for mechanical systems, utilities areas, Building maintenance and storage areas, operating machinery or any other parts of the Common Property used for the care, maintenance or operation of the Project generally; (xxxiv) use or permit to be used foil, flags, bed sheets, towels, blankets, newsprint or other objectionable material on any window. No Owner shall apply any film or tinting to any exterior window without the prior written approval of the Board; (xxxv) cook on a balcony or patio other than using a small electric appliance, natural gas or electric barbeque. Any damage to the siding due to barbeques will be charged to the Owner. No briquette or propane barbeques shall be used on a balcony or patio. No wood-burning devices, food smokers, open fires or fire pits are allowed anywhere on the Project; (xxxvi) install or put in place, leave in place, allow to be installed or put in place or left in place: A) any Christmas decorations that will be visible from the exterior of the Unit with the exception of the time period between November 15th of each year to February 15th of the following year, provided, however, that one string of lights shall be permitted to remain the entire year around; or B) any other seasonal decorations that will be visible from the exterior of the Unit with the exception of the time period two (2) weeks before to one (1) week after the occasion; (xxxvii) use or allow to be used in the Building or a Unit any fresh-cut Christmas tree; (xxxviii) bring or store any commercial shopping carts on the Common Property or in any Unit in the Project; (xxxix) leave a Unit vacant or unattended to in excess of one (1) week without inspection by the Owner or his/her agent; (xl) use or permit any member of his household, guests or visitors to use any of the recreational facilities or amenities or any portion of the Common Property except in strict accordance with any rules or regulations therefor which may be established by the Board from time to time and upon publication of a rule or regulation so made by the Board, the same shall be binding upon each Occupant of a Unit, his visitors and guests and any violation of such rules and regulations may result in the loss of use of the recreational facilities and amenities for a period as decided by the Board. (c) The following rules and regulations govern the use of all storage lockers: (i) an Owner shall not permit any person to use a storage locker unless such person is the lawful Occupant of a residential Unit; (ii) each Owner shall use his storage locker only for the storage of non-perishable property owned by him; (iii) no portion of such storage locker shall be used for human or animal occupancy; (iv) no goods, materials, chattels or other property shall be stored in any such storage locker which would violate any law or ordinance now or hereafter in force or which would violate the provisions of any insurance policy or result in any increase in the insurance costs of the Corporation; (v) no foodstuffs or dangerous, noxious, filthy, offensive, explosive or flammable materials are permitted in such storage locker; (vi) each Owner agrees that the Corporation shall have the right to enter into any storage locker at all reasonable times for the purposes of inspecting and ensuring compliance with these rules and regulations; (vii) an Owner may only store goods, materials, chattels or other property in his assigned storage locker that are actually owned by him. No items are to be stored above or beside the storage locker; (viii) each Owner agrees to keep his assigned storage locker securely locked at all times; (ix) the Corporation is under no obligation as to the condition, temperature to be maintained or fitness of the storage locker for the particular or general purposes of the Owner; (x) all goods and materials stored in the assigned storage locker are at the Owner's sole risk. Each Owner acknowledges that he is obligated to obtain and maintain in force sufficient insurance to protect the goods stored by him in his storage locker against any loss suffered by the Owner, whether from theft, vermin, rodents, fire, water damage, frost, steam, breakage, rain, flood, leakage, structural defect or any cause whatsoever. Each Owner agrees to hold the Corporation, its agents and employees harmless from any and all claims of liability, loss or damage to property and of injury to or death of persons caused by any acts whatsoever or negligence of the Owner, his guests, licensees or invitees in or upon his storage area; (xi) if an Owner defaults under any provision of these rules and regulations and such default is not cured to the reasonable satisfaction of the Corporation within ten (10) days after notice of such default has been given to such Owner, the Corporation may terminate such Owner's right to use his assigned storage locker and may, at its sole option: A) require that the goods and materials of the Owner be removed from the storage locker forthwith; and B) if the Owner fails to remove his goods and materials, the Corporation may consider such goods and materials abandoned and enter the storage locker and remove to a location of its choice or dispose of such goods and materials. The Corporation may dispose of such goods and materials by public auction or private sale or return the goods to the Owner's last known address and, after such disposal, the Corporation is relieved of all further obligations or liability to the Owner. It is presumed that any property left or abandoned by the Owner does not exceed One Hundred ($100.00) Dollars in value. (d) An Owner shall ensure that his Occupants comply with those requirements that the Owner must comply with under Subsection (b) and (c) hereof and, upon request of the Corporation, obtain from the tenants or have the Manager who leases the Units on behalf of the Owners obtain from the tenants an undertaking, in writing, to the following effect: "I, _________________, covenant and agree that I, all Occupants of my Unit, my guests from time to time will, in using the Unit rented by me, any Privacy Areas relating to the Unit and all the Common Property, comply with the Condominium Property Act, R.S.A. 2000, c. C-22, the By-Laws and all rules and regulations of the Corporation during the term of my tenancy." (e) The restrictions in use of Units have the following purposes: (i) to provide for the health and safety of condominium Occupants; (ii) to maintain the Common Property and Units in such a manner as to preserve property values; and (iii) to develop a sense of community. 63. CHANGE OF LEGISLATION Category: General Should the Act be amended and changed in the future, then these By-Laws shall be deemed to have been amended accordingly to adopt any and all such changes to the Act which are required to be adopted to enable the Corporation to operate at all times with the full powers of the Act and to use all remedies available to it under the Act. 64. SOLICITATION, CANVASSING AND FUNDRAISING Category: Rules/Policies No person, organization or group shall be permitted to solicit, sell, canvass or fundraise on or in the Common Property or Project, whether for non-profit or charitable purposes or otherwise, without the written permission of the Board. 65. AMENDMENT OF BY-LAWS Category: Board These By-Laws, or any of them, may be added to, amended or repealed by Special Resolution of the Corporation and not otherwise. The Corporation shall cause to be prepared and distributed to each Owner and mortgagee who has notified its interest to the Corporation a notice or memorandum of any proposed amendments, additions or repeal at least fourteen (14) days prior to the date of any such Special Resolution. 66. GRANT OF EASEMENT OVER COMMON PROPERTY UNITS Category: General The granting of easement over Common Property Units shall include that: (a) Grant of Easement The Corporation hereby gives, grants, conveys, transfers and sets over to each Owner, every transferee from it and every person deriving title from it, together with all servants, agents and invitees of each Owner, the non-exclusive right, privilege and easement of a right-of-way, in, through and over and rights of ingress to and egress from and to pass and re-pass across, on and through and to remain on and use any Common Property Unit for any purpose as is reasonably required from time to time by each Owner. It is the intention of the parties hereto that the Common Property Unit be used for any purpose by the Owners and maintained by the Corporation, to the same extent, and as fully and effectively as though the Common Property Unit were part of the Common Property of the Corporation. (b) Easement in Perpetuity The Corporation and each Owner do hereby covenant and agree that the easements, rights and privileges described herein shall be deemed to be covenants running with the land and annexed hereto and shall continue in respect of the servient tenement until such time as the parties and the Municipality shall agree to their extinguishment. Each of the Owners may peacefully hold and enjoy the easements, rights and privileges hereby granted without hindrance, interruption or molestation. (c) Mutual Easements (i) In favour of the Owner of every Unit, whether a Residential Unit or a Common Property Unit, and as appurtenant to each Unit, there is implied in respect of each Unit: A) an easement for the shelter and/or subjacent and lateral support of the Unit by the Common Property, if any, or by every other Unit capable of affording shelter and/or support; and B) easements for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services including telephone, radio and television services through or by means of any pipes, wires, cables or ducts for the time being existing in the Parcel to the extent to which those pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the Unit. (ii) As against the Owner of every Unit, whether a Residential Unit or the Common Property Unit, there is implied in respect of each Unit: A) an easement, to which the Unit is subject, for the shelter and/or subjacent and lateral support of the Common Property, if any, or of every other Unit capable of enjoying shelter and/or support; and B) easements, to which the Unit is subject, for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services including telephone, radio and television services through or by means of any pipes, wires, cables or ducts for the time being existing in the Unit, as appurtenant to the Common Property and/or to every other Unit capable of enjoying those easements. (d) Restricted Areas The Owners shall have no rights to: (i) any balcony or terrace adjoining a residential Unit to which exclusive use has been granted to a certain Owner; (ii) an area designated by the Corporation from time to time for exclusive use by any of the Owners for parking or for any other purpose; or (iii) areas reserved for exclusive use of the Corporation for the purpose of operating the Building in which the residential Units are located and any amenities or for any other purpose of the Corporation. However, the Corporation (through agents or appointees if necessary) may enter upon the above-noted restricted areas to carry out the purposes and duties of the Corporation as set forth in the Act or these By-Laws. The Corporation in carrying out any of its duties or obligations will do so in a good and workmanlike manner and will cause or do as little damage and inconvenience to the Owner or occupier of a residential Unit as is possible and any excavations or workings made or done in connection therewith shall, so far as reasonably practicable, be restored to its former condition. (e) Consistent with By-Laws Each Owner shall not use any of the Common Property Unit over which an easement is granted herein in any manner inconsistent with any By-Law, resolution or regulation of the Corporation relating to the use of such easement area, nor shall they bring onto or leave on the easement area any equipment, material or other thing prohibited from time to time by any By-Law, resolution or regulation. (f) Use Limitation Each of the parties hereto covenants that the Common Property Unit shall at all times be owned by the Corporation, free and clear of any financial encumbrance and shall be kept in good and proper repair. The carrying out of any operations or privileges in connection with the easement granted herein will be done in a good and workmanlike manner and will cause as little damage and inconvenience as possible to the Common Property Unit, and if any damage is caused to any Common Property Unit by any party, such party shall restore the Common Property Unit to its former condition as far as is reasonably practicable. The Corporation is primarily responsible for the repair and maintenance of the Common Property Unit; however, the Owners agree to cooperate and assist the Corporation, if required, in such repair and maintenance. 67. AGE RESTRICTIONS Category: Restricted Covenant (a) No residential Unit shall be occupied by a person who has not attained his or her fortieth (40th) birthday. (b) Notwithstanding the preceding paragraph, a Unit may be occupied by a person who has not attained his or her fortieth (40th) birthday if that person lives with his or her Spouse who has attained his or her fortieth (40th) birthday, or if that person has been predeceased by a Spouse who had attained his or her fortieth (40th) birthday, if in either case the Spouse is or was an Occupant of a Unit. (c) "Occupation" means a regular and ordinary presence in the Unit whether or not the person is frequently absent by reason of employment or ill health. A person shall be deemed to be an Occupant if his or her occupation of the Unit exceeds sixty (60) consecutive days.