Coulee View Bylaws

1.                                                         The following definitions shall apply to each of these Bylaws:
(a)"Act" means the Condominium Properly Act, being Chapter C-22 of the Revised
Statutes of Alberta, 2000, as amended, and any statute or statutes which may be passed in substitution thereof.

(b) "Board" means the board of directors elected pursuant to these Bylaws and as
provided for in Section 28 of the Act;

(C)"Building" means any building or buildings situated on the Parcel;

(d)"Bylaws" means the Bylaws of the Corporation, as amended from time to time,
(e)"Capital Replacement Reserve Fund" means the fund created for the purposes as outlined in Section 38(1) of the Act;

(f)"Common Expenses" means all expenses incurred in the performance of the objects
and duties of the Corporation and in the exercise of the Corporation's powers under
the Bylaws and the Act and all other expenses specified as common expenses in
these Bylaws;

(g)"Common Property" means so much of the Parcel as is not comprised in any Unit
shown on the Condominium Plan, and solely for the purposes of these Bylaws,
where the context requires also includes a Unit registered in the name of the
Corporation,

(h)"Condominium Plan" means the condominium plan registered at the South Alberta
Land Registration District and referred to as condominium plan number 0213109,

(i) "Corporation" means the corporation constituted under the Act by the registration
of the Condominium Plan whose legal name is Condominium Corporation No.
0213109;

(j) "Developer" means Gemini Property & Land Developments Ltd.,

(k) "Insurance Trustee" means any entity authorized to carry on the business of a trust
company under the laws of Alberta selected from time to time on the ordinary
resolution of the Board, whose duties include the receiving, holding and distributing
of proceeds of policies of insurance pursuant to these Bylaws and the Act. If no
Insurance Trustee is appointed, then the Insurance Trustee shall be the Board,

(l) "Interest" means the rate of interest which may be or shall become payable
hereunder by an Owner in respect of monies owing by him to the Corporation and
shall be equal to the commercial prime rate of the Alberta Treasury Branches plus
four (4%) percent, calculated monthly on the earliest date on which any portion of
the said monies become due and payable by an Owner,

(m) "Manager" means a person, firm or corporation appointed as manager by the Board, 

(n)"Managed Property" means the Common Property and all those portions of the
Units where Buildings have not been constructed or placed which, pursuant to these
Bylaws, the Corporation is required to administer, control, manage, maintain and repair as if the same were Common Property;

(O)"Mortgage" means the holder of a mortgage registered against the title to one or
more Units,

(p)"Person" includes a corporation, and the heirs, executors, administrators or other
legal representatives of a person,

(q) "Ordinary Resolution" means a resolution:
(i)passed at a properly convened meeting of the Corporation by a majority of
all the persons present at such meeting and entitled to exercise the power of
voting conferred under the Act or these Bylaws, or
(ii)in writing signed a majority of the persons who, at a properly convened
meeting of the Corporation, would be entitled to exercise the power of
voting conferred by the Act or these Bylaws and representing more than
50% of the Unit factors for all the Units;

(r)"Owner" means the registered owner or owners, and each of them, of a Unit;

(s) "Parcel" means the land comprised in the Condominium Plan;
"Project" means all of the real and personal property comprising the Parcel, Land,
Buildings which constitute the Units and the Common Property.

(t) "Special Resolution" means a resolution:
(i)passed at a properly convened meeting of the Corporation by a majority of
not less than seventy-five (75%) percent of all the persons entitled to
exercise the powers of voting conferred by the Act or by the Bylaws and
representing not less than seventy-five (75%) percent of the total Unit
Factors for all the Units;
(ii)or
signed by not less than seventy-five (75%) percent of all 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 by the Bylaws and
representing not less than seventy-five (75%) percent of the total Unit
Factors for all the Units;

(u)"Unanimous Resolution" means a resolution:
(i)passed unanimously at a properly convened meeting of the Corporation by
all the persons entitled to exercise the powers of voting conferred by the Act
orby the Bylaws, and representing the total Unit Factors for all the Units,
or
(ii)signed by all persons who, at a properly convened meeting of the
Corporation, would be entitled to exercise the powers of voting conferred by
the Act or by the Bylaws,

(V)"Unit" means an area designated as a unit by the Condominium Plan and includes
any building or part of a building animated within such area;

(w)"Unit Factor" means the Unit Factor for a Unit as specified or apportioned in
accordance with the provisions of the Act.                

2.  Words and expressions which have a special meaning assigned to them in the Act
have the same meaning in these Bylaws and other expressions used in these Bylaws and not defined
in the Act or in these Bylaws have the same meaning as may be assigned to them in the Land Titles
Act of Alberta, as amended from time to time, or in any statute or statutes passed in substitution
therefor or replacement thereof unless the context otherwise requires.            

3.  These Bylaws are to be read with all the changes of number and gender as required
by the context, and the word "Owner" or "Owners" shall include any tenant or tenants, occupier or
occupiers, employee or employees of that owner's or owners' Unit as the context may require.                                   

4.                     The headings in the body of these Bylaws form no part of these Bylaws but shall be
deemed to be inserted for the convenience of reference only. In the event of any conflict between
these Bylaws and the Act, the Act shall prevail.                                                    

5. (a) The rights and obligations given or imposed on the Corporation or the Owners
under these Bylaws are in addition to any rights or obligations given or imposed on
the Corporation or the Owners under the Act. 

(b) If there is any conflict between the Bylaws and the Act, the Act shall prevail. 

(c) The provisions of these Bylaws shall be deemed independent and severable, and the
invalidity in whole or in part of any article, section, part or provision herein, shall
not affect the validity of the whole or remaining articles, parts, sections or
provisions herein contained, which shall continue in full force and effect as if the
invalid portions had never been included herein.                         

6.                     (a) An Owner shall:
permit the Corporation and its agents, at all reasonable times on a minimum of
twenty-four (24) hours notice (except in case of emergency when no notice is
required), to enter in or on his Unit for the purpose of inspecting the Unit and
maintaining, repairing, renewing, operating or to ensure the operation o£ either or
both the Common Property or Managed Property including all party walls, pipes,
wires, cables, ducts, conduits, plumbing, sewers and other facilities for the
furnishing of utilities or services in, or under the Unit or for the benefit of the Unit
or capable of being used in connection with the enjoyment of any other Unit for the
purpose of maintaining, repairing or replacing Common Property or Managed
Property or for the purpose of ensuring that the Bylaws are being observed, or for
the purpose of doing work for the benefit of the Corporation generally or for the
purpose of gaining access to meters monitoring the use of any utility. In the event
the Corporation must gain access to a Building for the aforesaid purposes by using
a locksmith, the cost of such locksmith shall be borne by the Unit Owner; 

(b) forthwith carry out all work that may be ordered by any municipal or public
authority in respect of his Unit (except such work that is for the benefit of the Parcel
or which is within the scope of the duties or powers of the Corporation under these
Bylaws);   

(c) repair and maintain and when required replace: the interior of the Building on his
Unit and all improvements and additions thereto, all windows, excluding structural
parts thereof, all doors and structural components and hardware relating to all doors,
his mailbox, his door bell, and all pipes, wires, cables, conduits, plumbing, sewers
and lines for utilities within the Building; BUT EXCLUDING the painting of the
exterior surface and the roofs and eaves troughs and all other outside hardware and
accouterments (except as noted herein) affecting the appearance, use ability, value
or safety of the Unit and keep the Unit in a good state of repair. Damage caused by
fire, storm, tempest or act of God for which the Condominium Corporation is
required to maintain insurance, exempted,

(d) in applying any window coverings, install, at his own expense, and from time to
time properly maintain only fitting drapes or venetian blinds which drapes or blinds
or the linings therefore shall be of a color as may be directed by the Board, where
visible from the outdoors,

(e) not paint any of the exterior his Unit or any other exterior improvements of his Unit
or any other Unit or the Common Property, or to alter the appearance thereof, ordo
or permit to be done anything which would alter the appearance of his Unit, any
other Unit, or the Common Property without the prior written permission of the
Board;

(f) maintain and keep in a neat, clean and tidy state and appearance, consistent with and
in total integrity with the balance of the Project, his Unit and all Buildings,
improvements and additions thereon and if an Owners shall not maintain his Unit
to a standard similar to that of the remaining Project, the Corporation may give ten
(10) days notice to the Owner to this effect and if such notice has not been complied
with at the end of that period, then the Corporation may carry out such work at the expense of the Owner, which expense may be collected by the Corporation in the
manner as set forth in the Act and the Bylaws,

(g) use and enjoy the Common Property or any property owned by or registered in the
name of the Corporation in such a manner so as to not unreasonably interfere with
the use and enjoyment thereof by other Owners or their families or visitors,

(h) not use his Unit or any portion of the Common Property or permit it to be used in
any manner or for any purpose which may be illegal or injurious, or that will cause
any insurance maintained by the Corporation to be canceled or declined, or its
premium rates to be increased, or that will cause nuisance or hazard to any occupier
of a Unit (whether an Owner or not) or the family of such an occupier without the
approval of the Board,

(i) notify the Corporation forthwith, inwriting, upon any change of ownership or of any
mortgage or other dealing in connection with his Unit;

(j) comply with and cause all his tenants, family, visitors and other occupants of his
Unit to comply with the Bylaws, the Act, and the regulations in force;

(k) pay to the Corporation when due all levies for Common Expenses assessed against
his Unit together with Interest calculated from the due date until payment is made.

(l) pay to the Corporation all legal expenses incurred as a result of having to take
proceedings to enforce his observance of these Bylaws and to collect any levies for
Common Expenses assessed against bis Unit, and such legal expenses shall be paid
on a solicitor and his 0WI1 client indemnification basis;

(m) observe all Bylaws and any Rules as may be passed by the Board pertaining to the
use of the Common Property, the Managed Property and any other property owned
by or registered in the name of the Corporation and comply strictly with the Bylaws,

(n) pay all rates, taxes, charges, outgoings and assessments that may be payable in
respect of his Unit;

(o) shall put in writing any suggestions, questions or complaints that the Owner may
have that he wishes the Board to consider and he shall address the same to the
Corporation and put them in an envelope marked to the attention of the Board (the
Board shall not be required to act on any suggestion, question or complaint that is
not inwriting and properly submitted to the Corporation);

(p) not use the privacy area immediately adjacent tohis Unit for the storage of personal
belongs or other goods and chattels except those as may be permitted by the Board,

(q) not to make any repairs, additions or a1terations to the Common Property or the
Managed Property without first obtaining the written consent of the Corporation,

(r) not tomake any repairs, additions or alterations to the Building, including interior
load bearing and partition walls, or to the plumbing, mechanical or electrical
systems within the Building or his Unit or the improvements thereon without first
obtaining the written consent of the Corporation,

(s) not to permit anything to be done that may cause damage to or will alter the
appearance of any of the Managed Property or the Common Property (including any
area to which the Owner has been granted exclusive use) without first obtaining the
written consent of the Corporation,

(t) use only such garbage receptacles on such part of the Common Property as may be
designated for his use by the Board.                

7.                     (a) The Corporation shall: control, manage, repair, maintain, replace and administer the Common Property, the Managed Property and any property owned by it or registered in the name of the Corporation for the benefit of all the Owners and for the benefit of the Corporation (including the roadway, gateway, sidewalks, curbs, lawns and outdoor lighting); 

(b) do all things required of it by the Act, these Bylaws, and any other resolutions of the Corporation in force from time to time and shall take all reasonable steps it sees fit to uphold these Bylaws, 

(c) maintain and repair (including replacement where reasonably necessary) pipes, wires, cables, ducts, conduits, sprinkler systems, sumps, plumbing, sewers, and other facilities for the furnishing of utilities or services in the Parcel and capable of being used in connection with the enjoyment of more than one Unit, or the Common Property or any Unit registered in the name of the Corporation, however, not within the owner's Building; 

(d) upon written request therefor made by an Owner or Mortgagee or the duly authorized agent of such Owner or Mortgagee, provide such Owner or Mortgagee with either a photocopy or certified copy of all insurance appraisals obtained by the Corporation and all fire and other peril insurance policies and all liability insurance policies and endorsements maintained by the Corporation, as well as all renewal certificates or certified copies of replacing policies or a photocopy of the same, 

(e) call a general meeting of the Owners within three (3) months after the registration of the Condominium Plan and call a general meeting of the Owners, and those Mortgagees who have notified the Corporation of their interest, once in each calendar year, and in all cases allow no more than fifteen (15) months to elapse between annual general meetings, 

(f) control, manage, administer, maintain and repair all chattels and other property whatsoever owned or leased by or registered in the name of the Corporation, 

(g) maintain and keep in a state of good repair, as may be required as a result of reasonable wear and tear or otherwise, the following: 
(i) all fencing,lighting, posts, driveways, roadways, gateways, curbs, sidewalks, parking areas, and other facilities used in common by or for the benefit of the Owners no matter where the same are located upon the Parcel; (ii) subject to any obligations imposed by these Bylaws orby the Corporation upon any Owners to maintain any part of the Common Property, the Managed Property and all utility services within, on, in or under through the Common Property and Managed Property, 

(h) provide and maintain in full force all such insurance as is required by the Act and by the provisions of these Bylaws to be maintained by the Corporation; 
(i) indemnify every member of the Board and each employee and officer of the Corporation, and his heirs and legal representatives against all damages, judgements, settlements, costs and expenses, including legal costs, 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 of the Board or an employee 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 and penalties imposed in a criminal suit or action or for unjustified profit or advantage or for any wrongful act done or attempted in bad faith or dishonesty (all liability, loss, damage, costs and expenses incurred or suffered by the Corporation by reason of or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Corporation as Common Expenses); 

(j) do all things reasonably necessary for the enforcement of the Bylaws and the control, management and administration of the Common Property, Managed Property and any part of a Unit with which it may be concerned and of any property owned by or registered in the name of the Corporation including without limitation the following: 

(i) commencement and prosecution of proceedings under Section 36 of the Act to collect a penalty of up to the maximum allowable under the Act; 
(ii) impose, collect and deal with deposits associated with the rental of a Unit under Section 53 of the Act, provided that the deposit for the rental of Unit shall not exceed the maximum allowable under the Act, 
(iii) give notice to give up possession of a Unit pursuant to Section 54 of the Act and make application to the Court under Sections 55 or 56 of the Act provided that such notices and such applications shall be in accordance with the provisions of the Act; 

(k) at all times keep and maintain for the benefit of the Corporation and all Owners copies of all warranties, guarantees, drawings and specifications, plans, written agreements, certificates, approvals and permits provided to the Corporation pursuant to Section 46 of the Act; 

(L) maintain and keep in a state of good repair as may be required, all outside surfaces of the Units except where pursuant to these Bylaws, such maintenance and repairs are the responsibility of the Unit Owners. 

(m) maintain all landscaping and greenspaces and clean and maintain in good condition, all areas designated for vehicular and pedestrian traffic or parking; 

(n) designate and maintain parking and maintain a parking record indicating the name of the person entitled to exclusive use and occupation of parking stalls                

8. (a) The Corporation may:
purchase, sell, construct, demolish, lease or otherwise acquire or dispose of or deal
with personal and real property for use by or which was used by the Corporation or
by the Owners in connection with their enjoyment of Common Property or their
Units or any of them, provided that real property shall only be acquired or disposed
of on approval by a Special Resolution of the Corporation.     

(b) by Ordinary Resolution borrow monies required by it in the performance of its
duties or the exercise of its powers provided that the Corporation shall not borrow in excess of three thousand ($3,000.00) dollars on any occasion or incur aggregate indebtedness at any time exceeding eight thousand ($8,000.00) dollars without such borrowing or incurring of debt being approved by Special Resolution.

(c) secure the payment 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 properly legally owned by it (whether or not held in trust
for the Owners), or by combination of those means;

(d)
invest funds in its possession or control as it may determine, to the extent permitted
by law for trustees under the Trustee Act (Alberta) or any legislation passed in
substitution therefor;

(e) make an agreement with any Owner or occupier of a Unit for the provision of
amenities or services by it to the Unit or to the Owner or occupier thereof;

(F) grant to an Owner a lease or the right to exclusive use and enjoyment of any part of
the Common Property or any Unit registered in the name of the Corporation or
special privileges in respect thereof but any such grant shall be terminated at the
end of the term of the lease (or, in the event of a grant of a right of exclusive use, on
reasonable notice unless the Corporation by Unanimous Resolution otherwise
resolves),

(g) pay an annual honorarium, salary or stipend, to a member of the Board, as may be
determined from time to time by Ordinary Resolution of the Corporation;

(H) in the event of fire, gas, water leakage or other emergency situation, force entry into
any Unit for the purpose of dealing with such emergency and for the purpose of
protecting the property of any of the Owners, occupiers of any Unit and the
Corporation, as the case may be (the Owner or occupier of the Unit so entered shall
save harmless the Corporation, its agents and employees from any claim or damage
arising from such forced entry);

(i) impose and exact the fees and charges as may be levied by the Board,

(j) enforce the provisions of any restrictive covenant, utility right of way or easement
registered against the Parcel or any Unit which benefit the Corporation or any
Owner,             

(k) exercise all of the rights, powers and duties conferred on the Corporation by the Act
and the Bylaws,

(l) by ordinary resolution, require that all members of the Board be bonded by a
recognized bonding institution in an amount not less than $10,000.00, the cost of
such bonding to be a common expense of the corporation,   

(m) make such rules and regulations as it may deem necessary or desirable in relation
to the use, enjoyment and safety or the Common Property and the Managed Property
and todo all things necessary for the enforcement of the rules.     

9. (a) The Board, for the benefit of the Corporation and all Owners and Mortgagees, shall
have vested in it the powers of the Corporation and shall enforce the provisions
hereof. The Board shall consist of not less than two or more than seven persons and
shall be elected at each annual general meeting, unless appointed pursuant to these
Bylaws to fill a vacancy, (although members may also be elected at an
extra-ordinary general meeting), but where there are not more than three Owners,
the Board elected or appointed at that time shall consist of all Owners and any of
their Mortgagees who desire to sit on the Board or such person or persons in such
number as the Owners of all Units (or their Mortgagees if they desire to decide the
matter) may designate. If a Unit has more than one Owner, only one such Owner
may sit on the Board at one time. Notwithstanding the foregoing, until the
Developer has leased or transferred ownership in ninety percent (90%) of the Units,
the number on the Board shall be set by the Developer, the majority of which Board
shall consist of representatives of the Developer, and may consist of only one (1)
member. 

(b) To be eligible for election to and membership on the Board, the person must be an
Owner of a Unit or a Mortgagee or, in the event such Owner or Mortgagee is a
company, a representative appointed in writing by such an Owner or Mortgagee, or
a representative of the Developer or Manager. Any Owner or Mortgagee (or
representative thereof in the case of a company) who has attained the age of
majority shall be eligible for nomination and election to the Board, provided that
any Owner who is indebted to the Corporation for an assessment or assessments
which are more than thirty (30) days overdue shall not be (nor shall his
representative be) eligible for election or membership on the Board.  

(c) At any election of the Board each person entitled to vote shall be entitled to vote for
as many nominees as there are vacancies to be filled on the Board.    

(d) All members of the Board shall, as a condition of nomination to the Board, make
full disclosure of any direct or indirect relationships to the Corporation including any interest in any private company, public company, partnership or proprietorship employed by the Corporation or any pecuniary interest.  

10. (a) After the Developer has leased or transferred ownership in ninety percent (90%) of
the Units, the Owners may by Ordinary Resolution at a properly convened meeting
remove any member of the Board before the expiration of his term of office and
appoint another eligible person in his place to hold office until the next annual
general meeting.  

(b) In addition, the office of a member of the Board shall, ipso facto, be vacated if he:
     (i)  becomes bankrupt under the Bankruptcy and lnsolvency Act (Canada) or any
          legislation passed in substitution therefor;
     (ii) is more than thirty (30) days in arrears in payment of any contribution or
          payment required to be made by him as an Owner pursuant to these Bylaws
          and fails to pay any such arrears within ten (10) days after written notice
          from any member of the Board requiring him to pay such arrears;
     (iii) becomes of unsound mind or mentally incompetent, or is the subject of a
           Dependent Adults Act (Alberta) Order, or any legislation passed in
           substitution therefor;
     (iv)  resigns his office by writing, under his hand, sent to or left at the registered
           address of the Corporation or delivered to an officer of the Corporation;
     (v)   is convicted of an indictable offence;
     (vi)  is absent from three consecutive meetings of the Board without permission
           of the Board and it is resolved at the subsequent meeting of the Board that
           his office be vacated;
    (vii)  is refused bonding, at a reasonable premium, by a recognized bonding
           institution; or
    (viii) dies.

11. Where a vacancy occurs on the Board pursuant to Bylaw l0(b), the Board may
appoint an eligible person to fill that vacancy for the remainder of the former member's term.                

12. (a) A quorum at a meeting of the Board shall be:     
    (i) one, where there is only one Board member;
    (ii) two, where the Board consists of two to four members;
    (iii) three, where the Board consists of five or six members;
    (iv) four, where the Board consists of seven members, and 
    (v) five, where the Board consists of in excess of seven members.

(b) Any member of the Board may waive notice of meeting before, during or after the
meeting and such waiver shall be deemed the equivalent of due notice of the
meeting.

(c) At meetings of the Board, all matters shall be determined by majority vote and, in
the event of a tie vote, the Chairman is entitled to a casting vote in addition to his
original vote.
            

13. The President and in his absence, the Vice-President, shall act as Chairman of the
Board meetings. Should both the President and Vice-President be absent, then at the
commencement of the meeting the Board shall elect a Chairman for the meeting. If any Chairman
vacates the Chair during the course of the meeting, the Board shall elect in his stead another
Chairman who shall have the same rights of voting.                    

14. Within fourteen (14) days after each election of the Board, the Board shall elect from its members a President, Vice-President, Secretary and Treasurer of the Corporation. The persons who are elected President and Vice-President shall not be elected as Secretary and Treasurer, unless the Board consists of less than four (4) members. An officer who ceases to be a member of the Board shall also cease to be an officer of the Corporation.     

15. The following duties are assigned to the officers of the Corporation, however, the
Board may make other allocations: 

(a) the President, or in the event of his absence or disability, the Vice-President:   
      (i) is responsible for the daily execution of the business of the Corporation;
      (ii) shall act as Chairman of the meetings of the Board and of the Corporation,
(b) the Secretary, or in the event of his absence or disability, another member of the
    Board designated by the Board:
      (i) shall record and maintain all the minutes of the Board, and all meetings of
          the Corporation and shall record votes for and against on all decisions,
      (ii) is responsible for all the correspondence of the Corporation;
      (iii) shall carry out his duties under the direction of the President and the Board;
(c) the Treasurer, or, in the event of his absence or disability, another member of the 
    Board designated by the Board:
      (i) shall receive all monies paid to the Corporation and deposit them as the
          Board may direct;
      (ii) properly account for the funds of the Corporation and keep such books as the
           Board may direct,
      (iii) present to the Board when required to do so by the Board, a full detailed
            account of receipts and disbursements of the Corporation,
      (iv) prepare for submission to the Board and for the information of the Owners
           at the annual general meeting, a budget for the forthcoming fiscal year of the
           Corporation, and if required by Ordinary Resolution of the members of the
           Corporation, an audited statement for the most recently completed fiscal
           year of the Corporation.

The Secretary and Treasurer may, on resolution of the Board, allow the Manager to
carry out their duties provided that the Secretary or Treasurer, as the case may be, supervises those
duties of the Manager.

16. The Corporation shall have a seal which shall be used as authorized by resolution
of the Board and in the event no such resolution has been passed then the seal shall be used in the
presence of at least two (2) members of the Board (unless there is only one (1) Board member in
which case in the presence of the sole Board member), who shall sign the instrument to which the
seal is affixed.

17. The Board shall determine, by resolution from time to time, which officers shall sign
cheques, drafts and other instruments and documents 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.                                   

18. The Board shall:

(a) cause minutes to be kept of its proceedings which shall, unless the Board otherwise
decides, be kept by the Secretary;     
(b) cause minutes to be kept of general meetings which shall, unless the Board
otherwise decides, be kept by the Secretary;     
(c) cause proper books of account to be kept in respect of all sums of money received
and expended by the Corporation, and the matters in respect of which such receipts
and expenditures take place, the keeping of said books, unless the Board otherwise
decides, to be the responsibility of the Treasurer;  
(d) cause to be prepared proper accounts relating to all monies of the Corporation and
the income and expenditures therefor, for each annual general meeting, such
preparation, unless the Board otherwise decides, to be the responsibility of the
Treasurer, 
(e) on application of an Owner or Mortgagee or any person authorized in writing by one
of them, make the books of account and all minutes of the meetings of the
Corporation and the Board available for inspection at all reasonable times, and
further provide to any Owner or Mortgagee who makes specific request thereof,
copies of all minutes of all meetings of the Corporation and of the Board and copies
of current financial statements and statements of Common Expenses of the
Corporation;   
(f) on application of an Owner or Mortgagee, or any person authorized in writing by
one of them, give a complete statement in respect of any Unit with regard to
assessments for Common Expenses and with regard to fulfillment of all of the
Owner's obligations in connection with the Corporation and his Unit;
(g) cause to be assessed to each Owner in proper proportion his contribution towards
Common Expenses and enforce payment of same, as more particularly set out in
these Bylaws;
(h) upon the written request of an Owner, Mortgagee or purchaser of a Unit, provide the
particulars and materials pursuant to Sections 39(6), 44 and 48 of the Act;
(i) at all times keep and maintain in force all insurance required hereunder and by the
Act to be maintained by the Corporation and from time to time settle, determine and
enter into insurance trust agreements as required by the Corporation;
(j) from and after the time that the Developer has leased or transferred ownership in at
least ninety (90%) percent of the Units, create and maintain by levies for Common
Expenses a Capital Replacement Reserve Fund for the purpose of repair,
replacement and refurbishment of the Common Property, the Managed Property,
those portions of any Unit required to be maintained or repaired by the Corporation
and any real or personal property owned by or registered in the name of the
Corporation, with the Board applying such funds (whether all or a part) and the
proceeds thereof from time to time as it determines for such purposes. The amount
of the levy made in each year for the Capital Replacement Reserve Fund shall be no
less than as required by the Act;
(k) cause all obligations of the Corporation under the Act or these Bylaws or otherwise
to be observed and performed;
(l) if resolved by special resolution of the corporation, employ for an on behalf of the
corporation and independent professional management agency, agent or manager
to supervise, manage and carry out and perform such duties as the Board may
determine from time to time, subject always in the control of the corporation and
direction of the corporation and the Board.

19.                     The Board may:

(a) meet together for the conduct of business, adjourn, and otherwise regulate its meetings as it thinks fit, but it shall meet when any member gives to the other members not less than seven (7) days written notice of a meeting proposed by him specifying the reason for calling the meeting and the date, time and place of the meeting;    
(b) establish a fiscal year for the Corporation and in the absence of such a resolution the fiscal year shall be the calendar year; 
(c) employ or authorize the Manager, if any, to employ for and on behalf of the Corporation such other agents and servants as it thinks fit in connection with the control, management and administration of the Common Property and of any property owned by or registered in the name of the Corporation, and the exercise
and performance of the powers and duties of the Corporation;    
(d) subject to any restriction imposed or direction given at a general meeting, delegate to one or more of its members such of its powers and duties as it thinks fit, and at any time revoke such delegation; 
(e) 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 under the Act or pursuant to these Bylaws; 
(f) do all things reasonably necessary for the enforcement of the Bylaws and the control, management and administration of the Common Property, any part of a Unit with which it may be concerned and of any property owned by or registered in the name of the Corporation;
(g) unless and except as otherwise resolved by Special Resolution of the Corporation, employ for and on behalf of the Corporation a Manager to supervise, manage, carry out and perform any and all of the duties of the Corporation set out in paragraphs (a), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m) and (n) of Bylaw 7 hereof and such other duties as the Board may determine from time to time, subject always to the control and direction of the Corporation and the Board, such Manager to be reasonably fit and suited to perform such duties. Without limiting the
generality of Bylaw 21 hereafter, if any group of persons entitled to vote representing at least twenty-five (25%) percent of the total Unit Factors of the Units shall at any time be dissatisfied with the fitness or suitability of such Manager employed as aforesaid or the adequacy of the work or service performed by him, such group of persons may by requisition addressed to the Corporation require the calling of an extra-ordinary general meeting, and upon such a requisition being made as aforesaid, the Board shall forthwith call an extra-ordinary general meeting of the Corporation to consider the complaint or complaints by such group of persons; the continuance or termination of the employment of such Manager, and the terms thereof, and the employment of a replacement, shall be considered and
determined by Ordinary Resolution at such meeting and the Board shall govern itself according to such resolution. The Manager employed by the Board as aforesaid need not devote his full time to the performance of the duties of the
Corporation so long as those duties are performed in good and sufficient fashion and may (without limiting the generality of the foregoing) act as rental or leasing agent for all or some of the Owners to the extent that so doing will not interfere with or unreasonably impede the performance of his duties for the Corporation.
Notwithstanding the foregoing but subject to the termination provisions in the Act, the Manager approved by the first Board shall not be terminated without the Developer's consent, which consent may be arbitrarily withheld;
(h) from time to time pass resolutions to regulate, manage, administer and control the use of the Common Property and any property owned by or registered in the name of the Corporation including but not restricted to deposits, the hours of use, supervision of, reservations for, security of, privacy and access to the same; and
(i) create and maintain by levies for Common Expenses reserves for future operational expenses as it determines from time to time.
                

20. (a) All meetings of the Board and general meetings of the Corporation shall be
conducted according to Robert's Rules of Order.
(b) All general meetings of the Corporation other than annual general meetings shall be
called extra-ordinary general meetings.

21. The Board may, whenever it thinks fit, and shall within twenty-one (21) days, upon
a requisition in writing made by the Owners of twenty-five (25%) percent of the Units convene an
extra-ordinary general meeting. The Board will convene annual general meetings of the
Corporation as and whenever required by the provisions of these Bylaws.                            

22. Seven (7) days notice of every annual or extra-ordinary general meeting of the Corporation specifying the place, the date and the hour of meeting and, in the case of special business, the general nature of that business, shall be given to all Owners and Mortgagees who have notified their interests to the Corporation, but accidental omission to give notice to any Owner or to any Mortgagee or non-receipt of notice by any Owner or any Mortgagee does not invalidate any proceedings at any such meeting. Notice of any meeting may be waived by persons entitled to vote before, at or after the meeting, and a waiver shall cure any defect in the giving of or failure to give notice.

23. Subject to the provisions of the Act, all of the matters enumerated in Bylaw 25 shall be deemed ordinary business if transacted at an annual general meeting of the Corporation. All new business transacted at an annual general meeting and all business whatsoever that is transacted at an extra-ordinary general meeting shall be deemed special.                                

24. The President, and in his absence, the Vice-President of the Corporation shall act as Chairman of the meeting of the members of the Corporation. In the absence of both the President and Vice-President, then at the commencement of the meeting, a Chairman of the meeting shall be elected