These are the reproduced Bylaws of the CottageClub condominium corporation (See Disclaimer).
1. 1.1 The following definitions shall apply to all parts of the By-laws:
(a) "Occupant" means an Owner and anyone present on a Unit or in or upon the Common Property with the consent or authority of an Owner;
(b) "Common Use Unit" carries the same meaning as the definition of Common Property within the Condominium Property Act (of Alberta);
(c) "Parcel" means the land comprised in the Condominium Plan (Cell "A") plus lands described as Lake Access Area - Cell 'B' pursuant to the Municipal District of Rocky View No. 44 Bylaw C-6586-2007(DC — 123).
(d) "Unit" means an area designated as a unit by the Condominium Plan;
(e) "Corporation" means Condominium Corporation pursuant to the Parcel as defined in clause 1.1(c) of these Bylaws.
1.2 Words and expressions which have a special meaning assigned to them in the Act or in the Land Titles Act of Alberta have the same meaning in these By-laws, unless the context otherwise requires.
1.3 These By-laws are to be read with all changes of number and gender required by the context.
1.4 The headings in the body of these By-laws are not part of the By-laws and are inserted only for convenience of reference.
1.5 If there is any conflict between these By-laws and the Act, the Act prevails.
1.6 If there is any conflict between these By-laws and the Municipal District of Rocky View No. 44 By-law C-6586-2007 (DC - 123), the By-law C-6586-2007 prevails.
2. 2.1 The Corporation shall take all steps necessary to enforce these By-laws.
2.2 In addition to its duties and responsibilities under the Act and as provided in the preceding subparagraph, the Corporation shall:
(a) where practical, establish and maintain suitable open spaces, boulevards, pathways, beaches and picnic areas on the Common Use Units;
(b) maintain, repair or replace pipes, wires and cables existing in the Parcel and used or capable of being used in connection with the enjoyment of more than one Unit or the Common Use Units. Only the underground water and sanitary infrastructure are the responsibility of the corporation. All risers, inverts, pipes, wires, cables and services located within the boundaries of each owner's property are the sole responsibility of each individual unit owner with the exception of the pump out tank as follows:
(i) each Owner is responsible for all the operating costs associated with their respective pump out tank.
(ii) the Condominium Corporation will contract specified septic haulers to empty tanks. Only the specified haulers will be allowed to access the parcel unless otherwise authorized by the Condominium Board of Directors at their sole discretion, as per Board policy.
(iii) each Owner is responsible to contact the specified hauler when they require their tank to be emptied and pay the appropriate fees associated with the service (user pay).
(iv) the Condominium Corporation through the on-site manager may request a pump out tank to be emptied at any time at the Manager's sole discretion with the fees incurred charged back to the respective Owner.
(c) provide for regular garbage and, recycling collection;
(d) maintain and keep in a state of good repair the amenities of the building, if any, and all Common Property and Facilities; and
(e) enter into such agreements and to do such things necessary to provide water, sewer, gas, power and other utilities to the Parcel.
2.3 The Corporation shall, at least once each year, cause the books and accounts of the Corporation to be reviewed by an accredited accountant and shall submit the financial statements prepared by the accredited accountant to the Annual General Meeting of the Corporation. The cost of such review and preparation of the financial statements shall be an obligation of the Corporation. The Board of Directors of the Corporation shall decide the type of review annually.
3. 3.1 In addition to its powers under the Act, the Corporation shall have the power to:
(a) acquire personal property to be used:
(i) for the maintenance, repair or replacement of any real or personal property of the Corporation or the Common Property; or
(ii) by Owners in connection with their enjoyment of the real and personal property of the Corporation or the Common Property.
(b) make management agreements and recreational agreements with outside contractors as required;
(c) levy penalties, by way of fines, for the contravention of any By-law;
(d) commence an action, pursuant to the Act, in the Provincial Court of Alberta, or as may be otherwise provided, for the recovery of a penalty for the contravention of any By-law;
(e) pay for utilities or services supplied to Common Use Units and Lake Access Area - Cell 'B' pursuant to the Municipal District of Rocky View No. 44 Bylaw C-6586-2007 (DC — 123). Allocate the amount so paid to all Units so and, as necessary, equalize the amounts payable by any Unit so supplied without regard to actual use of the utility or service supplied or on such other basis as the Board may determine, and recover the amount allocated as Owner's Contributions;
(f) restrict access to the Common Use Unit or any part of it by any Owner who has failed to pay, when due, an Owner's Contribution or who (or whose guest) has breached a By-law;
(g) discontinue the supply of utilities and service supplied to any Unit if the Unit Owner shall have failed to pay Owner's Contributions or Utility Expenses when due;
(h) set from time to time, the fiscal year of the Corporation; and
(i) exempt any Common Use Unit from payment of Common Expenses, Utility Expenses, Capital Reserve Contributions, and Special Assessments.
(j) establish a Construction Committee / Board whose purpose is to review and approve applications for construction of and or additions to buildings within units other than those buildings being constructed by the Developer. The Corporation may delegate the task of reviewing and approving construction applications to a professional third party.
4. 4.1 The Board shall consist of not less than three (3) and not more than seven (7) individuals.
5. (a) where a Unit has more than one Owner, only one Owner in respect of that Unit may sit on the Board at one time; and (b) an Owner who has not paid to the Corporation any Owner's Contributions due and owing in respect of his Unit is not eligible to be elected to or remain on the Board.
6. 6.1 If the Board determines that a breach of the By-law is occurring, 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, specifying a reasonable time in which the breach is to be rectified, and the fine to be levied if the breach is not rectified. The time specified shall be no earlier than Seven (7) days from the date that the notice is delivered to the Owner alleged to be in breach. Upon resolution, the Board may impose a penalty by fine, not to exceed Five Hundred Dollars ($500.00) per day, and in the aggregate not to exceed Fifty Thousand Dollars ($50,000.00), to be leviable upon the expiry of the time specified to rectify the breach, if the breach has not been 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, tenant, or both are liable for payment of penalty. Each day of a continuing breach shall be deemed a contravention of the By-laws. 6.2 The Board may by resolution deny access to some or all of the Common Use Unit and related recreational facilities for a period not One Hundred and Eighty (180) days in a calendar year to any person who has contravened the Bylaws. 6.3 Any fine levied by the Board shall be deemed to be an Owner's Contribution and shall be collectable as such. If, at any time, there is an obnoxious response on the part of the Owner(s) or their guests, when approached to quiet down and/or cease a violation of a By-law, the RCMP may be called. 6.4 Should an Owner, by virtue of any construction, alteration, improvement, or modification to or on any Unit, be found to be in breach of Part IV of these By-laws, then in addition to imposing the penalties stated in By-law 6.1, the Board may also remove any offending structure, addition or improvement from the Unit forthwith, at the Owner's sole cost and expense. 6.5 In addition to any rights, which the Corporation may have under this Bylaw 6, the Corporation may also exercise any further or other rights accorded to it by the provisions of the Condominium Property Act, R.S.A. 2000, c. C-22, and impose any further or other penalties contained therein.
7. 7.1 An Occupant shall abide by the following regulations:
(a) The Occupant shall keep the Unit neat and clean at all times. No accumulation of junk or debris of any kind shall be permitted around, on or under a cottage on the Unit. The Occupant shall not allow the areas around his Unit to become untidy. The Corporation shall be at liberty to remove any rubbish or clean up the lands in close proximity to the Occupant's property to its satisfaction and charge the expense to the Occupant.
(b) The Occupant shall not cause, make, permit to be made or suffer any unseemly unusual or objectionable noises or odors to emanate from the Unit, and shall not disturb or permit the disturbance of other persons residing or situated on the Parcel.
(c) The Occupant shall discontinue immediately, upon the request of the Manager, any conduct or practice carried on by the Occupant which in the opinion of the Manager may harm the reputation of the Corporation or reflect or tend to reflect unfavorably on the Project, the Corporation, or other Owners or Occupants.
(d) The Occupant may keep no more than two family pets, (such as dogs, cats, or birds), on the Unit. Pets must be well behaved. All pets (including cats) shall be kept on leashes or in-doors at all times (including night) and shall not be permitted on any Common Use Unit or Unit other than that occupied by the owner of the pet, without the consent of the Owner of that Unit. All pet waste shall be picked up immediately by the pet owner and deposited in a garbage receptacle. This applies to all areas of the Parcel, whether developed or not. The Manager reserves the right to remove unruly, loud and/or misbehaving animals from the Project and to restrict roaming pets without notice. Pet runs are not allowed; however, attended pets inside gated decks, which are attached to the cottage are allowed.
(e) The Occupant shall not obstruct a sidewalk, walkway, passage, driveway or parking area ingress or egress to and from his Unit.
(f) Parking shall at all times be restricted to within the Occupant's respective Unit.
(g) The Occupant shall dispose of all household garbage, trash and recycling in the containers provided by the Corporation. All garbage must be wrapped or bagged and placed in these containers. No outside storage of garbage within an Occupant's Unit is permitted other than in an animal proof container. Appliances and construction and landscaping refuse must be hauled to the appropriate landfill site away from the Parcel at the sole cost of the Owner.
(h) In an effort to reduce light pollution and enjoy the night sky, lighting on Units other than Common Use Units is limited to low intensity, downward facing, non-glare light fixtures.
(i) The Occupant shall not do any act or thing or neglect or fail to do any act or thing which would render invalid any insurance in force and maintained by the Corporation or which would increase the premium therefore.
(j) The Occupant shall not operate an automobile or any other vehicle on the Project at a speed in excess of Fifteen (15) km/h or as posted.
(k) Snowmobiles, dirt bikes, or other high-speed pleasure riding machines are not allowed to operate anywhere within the Parcel. Other modes of transportation such as golf carts, scooters, or other Board approved machines are permitted but shall be restricted to operating on existing roadways within the Parcel. Such machines operated after dark must be equipped with operating lights.
(l) The Occupant shall not have open fires, except in properly constructed fire pits. Fire bans posted by the municipality shall be strictly adhered to.
(m) The Occupant shall not bring, keep, or store or permit to be brought, kept, or stored in or upon the Project any dangerous substances or materials including radioactive, explosive, poisonous, or inflammable substances or materials without the prior written consent of the Corporation. Storage at the docks of gasoline and oil, or other flammable liquids is strictly prohibited. Safe storage of no more than Ten (10) gallons of gasoline shall be allowed on the Occupant's Unit.
(n) The Corporation shall at all times have the right to control and prevent access to the Project of all persons deemed undesirable and to eject without notice any person or persons who become objectionable, or create or cause a nuisance or disturbance.
(o) The Owner shall pay for any damage, replacement or repair occasioned by his careless or negligent use of the Project or the facilities thereon, and shall further pay for any damage, replacement or repair caused by the Owner's guests or other Occupants upon the Unit or the Parcel;
(p) The Occupant shall ensure that limitations on noise or disturbance on his Unit are strictly enforced between 10 pm and 7 a.m. weekdays and 10 p.m. and 9 am weekends. It is an essential requirement of this Project that everyone be particularly considerate of the comfort and convenience of neighbors. Radio, television and similar equipment shall be kept at levels which will not at any time annoy or disturb other Occupants. No loud or boisterous parties or noises will be permitted and no parties will be permitted at any time, which may violate this regulation.
(q) Fish are to be cleaned at the Owner's Unit and all waste must be disposed of as per By-law 7.1 (g). Cleaning fish shall not be allowed at any other location within the Parcel.
(r) Each owner is to familiarize themselves and any occupant of their unit with the FIRE PROTECTION & PREVENTION PLAN FOR COTTAGECLUB GHOST LAKE (Executive Summary) attached as Schedule "B".
(s) Recreational Vehicles, as defined in the Municipal District of Rocky View No. 44 By-law C6586-2007 (DC - 123), shall be restricted for use and/or outside storage on the Parcel as follows: Owners will be allowed up to a maximum of Ten (10) days per calendar year, per Unit, for use or outside storage of a Recreational Vehicle on their unit. Recreational Vehicles on the Parcel are required to have a permit issued by the Manager. Casual overnight camping within the Project will be restricted to guests of Owners within their respective Unit. Occasional overnight use may also be made available for potential Unit purchasers, subject to approval by the Manager or Project sales staff.
(t) The Corporation shall not be responsible in any way for any loss or damage to boats or articles left in boats, vehicles or trailers.
(u) The natural landscape is to be maintained to the greatest extent possible. No formal lawns are allowed. Drought resistant tree and shrub planting is encouraged. Hand watering, only. Water sprinklers are prohibited. Pesticides and herbicides are prohibited, except in extreme cases where natural remedies have failed. In selective cases, proper application of some hand-held herbicides may be used, subject to approval of the Board or General Manager. Lot owners are prohibited from using such chemicals in common areas.
(v) No alterations to the Unit by the Occupant shall be permitted except by the planting of flowers, bushes and trees and the building of accessory structures in accordance with the standards stipulated herein.
(w) No motor vehicle, watercraft or golf cart may be covered by an ordinary tarpaulin. Use of custom fitted, commercial, fabric coverings is permitted.
(x) Waiver by the Corporation of any breach of any condition, rule or regulation committed by the Occupant herein shall not be construed as a waiver of the Corporation's right to exercise its option to give notice in respect of any subsequent breach of the same or other conditions, rule or regulation by the Occupant.
(y) Total daily water consumption (outside and inside) per unit is 100 gallons. The 100 gallon limit per unit is non-cumulative. The Board has a right to monitor and assess a unit owner’s water consumption. The Board has the right to implement a water ban or to provide exceptions where needed, at its sole discretion.
7.2 Immediate family, friends, other relatives, guests and visitors (such as employees, contractors or agents) of the Occupant are the Occupant's personal responsibility when they are upon the Unit or the Project. The Occupant shall inform them of the regulations contained herein and the Occupant shall be personally liable for the breach thereof by his immediate family, friends, other relatives, guests and visitors.
7.3 Use of the Common Use Units shall be subject to the control of the Board, which shall be entitled to:
(a) establish a user fee to offset some or all of the operating costs thereof, in its sole discretion; and
(b) establish further rules and regulations particular to the use of the Common Facilities from time to time as the Board shall deem fit.
7.4 An Occupant agrees to observe and be bound by the hereinafter mentioned covenants:
(a) No communal water system to the cottages will be available between Oct 31 and April 1, unless and until changes to the water license are approved by the regulatory body.
(b) No natural gas; propane or heating oil is permitted to be installed to the recreational cottage units. Notwithstanding this, natural gas shall be permitted if the regulatory body provides approval.
(c) No sanitary sewer service to the recreational cottage units shall be provided unless it is by pump-out tanks.
(d) No one other than each owner, as a member of the Condominium Corporation, is responsible for the maintenance and replacement of all on-site sewer; water well treatment and distribution infrastructure; storm water facilities; private roads; pathways; common use facilities; and community landscaping.
8. 8.1 Prior to the start of construction of or delivery of a building, written approval must be obtained from the Construction Committee/Board. The Corporation may delegate the task of reviewing and approving construction applications to a professional third party. Approval shall be considered upon receipt of a written application, pursuant to the COTTAGECLUB GHOST LAKE ARCHITECTURAL DESIGN GUIDELINES. Application shall also include the following information along with applicable deposits whether refundable or not:
(i) detailed floor plan of the building with dimensions, including Structurally Additions and decks;
(ii) front, side and rear views of the building with elevations;
(iii) front, side and rear views of Structurally Attached Additions and decks with elevations;
(iv) site plan of the Unit showing location of the building and clearly showing setbacks from front, side and rear of the building to adjacent property lines;
(v) the natural grade of the Unit is to be maintained to the greatest extent possible, so as to not adversely affect existing surface drainage patterns;
(vi) demonstrate that the building clearly fits within the Architectural Design Guidelines attached as Schedule "A". Interpretation and Approval solely rests with the Construction Committee / Board at their discretion;
(vi) after approval is granted by the Construction Committee/Board a copy of the Development Permit, Building Permit, other applicable permits issued by municipality and or required under the Alberta Building Code are to be provided to the Construction Committee / Board for record purposes only. Permits are to be provided prior to the commencement of applicable work to which permit pertains. Inspection Reports relative to the respective permit is also to be provided for the Condominium Corporations records. Time is of the essence.
(viii) a compliance deposit in an amount to be stipulated by the Construction Committee/Board.
8.2 Notification of approval or rejection will be given within Fourteen (14) days of submission of a properly completed application. A copy of the approved application should be retained by the Owner as proof of compliance and to be submitted to the M.D. of Rocky View when applying for a Development Permit or Building Permit.
8.3 In order to preserve the quality and integrity of the Project, the Board may, in its sole discretion, remove from the Project all or any portion of any Structure, Attached Addition or Accessory Structure which does not meet with the approval of the Board or which does not comply with the standards outlined herein at the Owner's sole cost and expense.
8.4 At such intervals as deemed appropriate by the Board, the Occupant shall ensure that his/her/their Builder attend a Condominium Board orientation, and abide by the regulations stated within the Builder’s package of information.
9. 9.1 All construction must meet with appropriate government building codes. Construction must be inspected by an accredited inspection agency and copies of the approved electrical, plumbing, and structural inspections shall be provided to the Construction Committee/Board for record purposes. 9.2 A minimum Six (6) meter setback from the cottage must be provided from either front yard property pin adjacent to the common roadway. This is required to allow for the parking of Three (3) vehicles or Two (2) vehicles and One (1) watercraft without encroaching on the Common Use Unit and could allow for parking on either the left or right of the Unit. Parking areas must be identified on the site plan of the Unit. 9.3 The Occupant shall ensure that any manner of construction, delivery, landscaping or repair pertaining to the Unit or a Structure on the Unit be restricted to the boundaries of the Unit. This is to be inclusive of all construction vehicles, equipment and material used during the construction, delivery, landscaping or repair project. Once the project is complete all aforementioned vehicles, equipment and material are to be removed from the Unit. Prior to commencing any construction the Occupant must contact the Construction Committee/Board for approval. At all times during construction, the Owner and Occupant shall be responsible for clean-up (anywhere within the development’s boundaries), of debris resulting from construction of a unit. 9.4 The Owner shall be responsible for all damage to any other Units and to the Common Use Units and to the surface drainage system, which are caused by any type of construction on the Owner's Unit. 9.5 The Owner acknowledges the presence of a surface drainage system that affects each Unit in the Parcel, and will ensure that no stage or element of construction interferes with the proper functioning of said drainage system. Further, the Owner understands and acknowledges that surface water from said system may possibly enter any excavation made on a Unit, and undertakes to plan and execute any construction so that no such event occurs. Neither the Corporation nor the Developer shall be liable for any damage caused by water from the surface drainage system. 9.6 The Owner shall ensure that construction does not interfere with the use or enjoyment by any other Owner of any Unit or the Common Use Units. All construction shall be done by fully qualified, experienced personnel and in accordance with best practices. All construction shall comply with the provisions of all rules, regulations, ordinances and codes of any applicable governmental authority having jurisdiction. 9.7 The Owner shall be responsible for all damage to any other Units and to the Common Use Units and to the surface drainage system which are caused by the failure of the Owner to abide by the requirements of this By-law, and shall promptly and completely repair any such damage at the Owner's sole cost and expense. 9.8 The Corporation shall make any repairs that an Owner is obligated to make and that the Owner does not make within a reasonable time after written notice is given to such Owner by the Corporation. In such event, the Owner shall be deemed to have consented to having repairs done by the Corporation. The Owner shall reimburse the Corporation in full for the cost of such repairs, including any management, legal or collection costs incurred by the Corporation in order to collect the costs of such repairs, and all such costs shall bear interest at a rate of Eighteen Percent (18%) per annum until paid by the Owner. The Corporation may collect such costs in such installments as the Board may decide upon, and all such costs shall be treated in all respects as Common Expenses, and shall be recoverable as such. 9.9 Windscreens or privacy screens are not to be interpreted as fencing. Windscreens or privacy screens, located on a deck, shall not exceed the height of the eave or roof line (whichever is the lower) of any residential Structure located upon a Unit. Windscreens or privacy screens must be constructed of glass, Plexiglas (or similar material which can be viewed through), or of latticework. Permanent, ground level (stand-alone) windscreens or privacy screens shall not exceed Eighteen (18) feet in length and Five (5) feet in height. 9.10 Construction of all gazebos must have the prior approval of the Construction Committee/Board. Gazebos shall be of a maximum dimension of Twelve (12) feet in width by Twelve (12) feet in length. An additional temporary gazebo may be erected for the purpose of accommodating individual functions but must be dismantled and removed from the Unit within Seventy-two (72) hours of being erected. Temporary gazebos of this nature shall not require approval from the Construction Committee/Board. Gazebos must be anchored securely so as not to become a hazard to adjacent property. Gazebos shall be kept neat, tidy and in good repair at all times or must be removed from the Unit. Gazebos shall be for the purpose of providing shade and cover for a picnic table and chairs; gazebos shall not be used as storage sheds (e.g. storage for lawnmowers, firewood, tools, etc.).
10. 10.1 The Common Expenses of the Corporation shall, without limiting the generality hereof, include the following:
(a) all levies or charges on account of electricity, water, sewer, gas, fuel service and other services such as telephone, television, Internet supplied to the Corporation or the Common Use Units;
(b) management fees, if any, and wages, salaries, taxes and other expenses payable to or on account of employees of the Corporation;
(c) all the charges on account of landscaping, maintenance of, and snow removal from, the Common Use Units;
(d) all charges on account of lighting fixtures situated on the Common Use Units;
(e) all charges on account of maintenance for those portions of a Unit for which the Corporation is responsible under these By-laws;
(f) all charges on account of maintenance, repairs and replacement of Common Use Units for which the Corporation is responsible under these By-laws;
(g) all insurance costs in respect of the insurance for which the Corporation is responsible under the By-laws;
(h) all costs and charges for all manner of consultation, professional services and assistance required by the Corporation including, without limiting the generality of the foregoing, all legal, accounting and disbursements;
(i) reserves for the Capital Replacement Reserve Fund;
(j) the amount of all costs and expenses whatsoever, including without limitation, all maintenance and repair costs, taxes, financing charges, common expense Unit charges, and all utility charges for or in respect of any Unit owned by the Corporation itself;
(k) insurance and property taxes.
10.2 Fifteen(15) days prior to the Corporation's Annual General Meeting the Corporation shall deliver or mail to each Owner:
(a) a copy of the budget for the ensuing fiscal year, which shall set out by categories, an estimate of the Common Expenses of the Corporation, including a reasonable provision for the contingencies and replacement and reserve funding; and
(b) a notice of the assessment for this contribution towards the Common Expenses for said ensuing fiscal year. Said assessment shall, subject to the discretion of the Board, be made to the Owners in proportion to their Unit Factors as shown in the Condominium Plan; and
(c) An agenda for the meeting.
10.3 At such intervals as shall be deemed appropriate by the Board, the Corporation shall deliver or mail to each affected Owner a Notice of Assessment for his contribution toward Common Expenses.
(a) The Common Expenses set out in each assessment 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 advance on the first day of May each year, or on an alternative basis, at the discretion of the Board.
(b) Assessments for Common Expenses shall be paid within Thirty (30) days after the mailing of such assessments.
10.4 All payments of whatsoever nature required to be made by an Owner under any provision of these By-laws which are not paid within such period as may from time to time be established by the Board, shall, in the discretion of the Board, bear interest at the rate of Eighteen Percent (18%) per annum from the date when due until paid. All payments of account shall be applied first to interest and then to the assessment payment due.
10.5 Notwithstanding anything to the contrary hereinbefore contained, during the initial stages of development and before Fifty Percent (50%) of the Units have been occupied or sold by the Developer of the Project and prior to the first Annual General Meeting being convened and the fiscal year of the Corporation established, the following provisions will apply:
(a) The Developer, at the expense of the Condominium Corporation, will cause to be prepared, in accordance with acceptable accounting principles by the accountants nominated by the Developer, an interim statement of anticipated Common Expenses.
(b) From the date upon which a Unit title is transferred, the Owner or Occupant of a Unit shall pay to the Condominium Corporation, either annually, semi-annually or monthly, as decided by the Corporation, the amount of the estimated assessment (Owner's Contributions) towards Common Expenses plus Capital Reserve Contribution for which his Unit is responsible, based on the Unit Factor for his Unit. The other provisions of these By-laws relating to collection of assessments, enforcement of payment and remedies available after default shall apply.
10.6 The omission by the Board or the Developer to fix the assessments hereunder for the next ensuring fiscal year or other period provided for herein, shall not be considered a waiver or modification in any respect of the provisions of these By-laws, or release of the Owner or Owners from their obligation to pay the assessments or special contributions or any installment thereof for any year or period, but the assessments fixed from time to time shall continue until new assessments are fixed.
No Owner can exempt himself from liability for his Owner's Contributions by waiver of the use or enjoyment of any of the Common Use Units, by vacating or abandoning his Unit, or by declining to use utilities or services supplied to his Unit.
11. 11.1 The Developer shall have the right to maintain a reasonable number of Units, whether owned or leased, as display Units and to carry on all sales functions it considers necessary from such Units. The rights of the Developer in this paragraph may not be altered in any way without written consent of the Developer. The Developer shall have free and unhampered right to use the Common Use Units and facilities for its purposes in the process of selling units. 11.2 Notwithstanding any other term hereof, while the Developer is an Owner of any Unit, the Developer shall not be required to pay Owner's Contributions for any Units it owns. 11.3 As long as the Developer is an Owner, the Developer is entitled to be a member of the Board.
12. 12.1 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, and in no event shall any part of the funds or assets of the Corporation be paid as salary or compensation to, distributed to, or endure to the benefit of any member of the Board. The foregoing, however, shall neither prevent nor restrict the following: (a) reasonable compensation may be paid to any Owner, Construction Committee / Board member or Manager while acting as an agent or employee of the Corporation for services rendered in effecting one or more of the purposes of the Corporation; and (b) any member of the Board, Construction Committee or Manager may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of affairs of the Corporation.
13. 13.1 Any notices may be served by the Corporation on any Owner either personally or by sending it through the post in a prepaid envelope or wrapper addressed to such Owner, at his address as the same appears in the books of the Corporation. Any notice sent by mail shall be deemed to have been served on the fifth day after the envelope or wrapper containing the same is posted. With respect to every notice sent by mail, it shall be sufficient to prove that the envelope or wrapper containing the notice was properly addressed and put into a post office or into any other authorized mail receptacle. Notices to lot owners may also be served by e-mail. 13.2 All notices with respect to any Unit to which two or more persons are jointly entitled shall be addressed to all such persons and served upon any one of such persons, and notice so given shall be sufficient notice to all Owners of such Unit. 13.3 Any notice of document delivered or sent by mail or left at the address of any Owner as the same appears on the books of the Corporation shall, notwithstanding such Owner be then deceased and whether or not the Corporation have notice of his decease, be deemed to have been duly served in respect of the Unit whether held solely or jointly with other persons by such Owner until some other person is entered into his stead in the books of the Corporation as the Owner or joint Owner thereof, and such service shall for all purposes be deemed as sufficient service of such notice or document on his heirs, executors or administrator and on all persons, if any, jointly interested with him in such Unit. Notices to lot owners may also be served by e-mail. 13.4 The signature on any notice to be given by the Corporation may be written, stamped, typewritten or printed or partly written, stamped, typewritten or printed. 13.5 Where a given number of days’ notice or a notice extending over any period is required to be given, the day of service of the notice and the day for which notice is given shall, unless it is otherwise provided, be counted in such number of days or other period. 13.6 A certificate of the Secretary or Manager, or other authorized officers of the Corporation in office at the time of the making of the certificate as to the facts in relation to the mailing or delivery or posting up of any notice to any Owner shall be prima facie evidence thereof. 13.7 A Special General Meeting and the Annual General Meeting may be convened by one and the same notice, and it shall be no objection to the said notice that it only convenes the second meeting contingently on a given resolution being passed by the requisite majority at the first meeting.
14. 14.1 The Corporation is authorized to exercise all rights and powers conferred on it by the Act or these By-laws with respect to rented Units and the Owners and tenants thereof, in the same manner as would be applicable if the rented Unit was a residential Unit as defined in the Act.
15. 15.1 Any legal, engineering, accounting, or other professional fees or costs ("Extraordinary Costs") that are incurred by the Corporation as a result of the actions, or a request, of an individual Unit Owner shall be the sole responsibility of the said Unit Owner. All such Extraordinary Costs are payable immediately upon presentation to the Owner of an invoice for same. All such Extraordinary Costs shall be deemed to be Owner's Contributions, as defined in these By-laws, and shall be collectible as such.
16. 16.1 (a) The cottage construction must be started prior to or at the same time as any Accessory Building on the unit.
(b) Within One Hundred and Eighty (180) days from the time of commencement of the foundation of the Cottage or Accessory Building the owner must have completed the exterior shell of the structure, including but not be limited to roofing, siding, windows, doors, decks, exterior trim, exterior painting, skirting including parging, sewage holding tank to the cottage, water service connection and electrical service connection to the cottage.
16.2 An Owner shall:
(a) permit the Corporation and its agents, at all reasonable times on notice (except in case of emergency when no notice is required), to enter his Unit for the purpose of:
(i) inspecting the Unit;
(ii) maintaining, repairing or replacing pipes, wires and cables existing in the Unit and used or capable of being used in connection with the enjoyment of any other Unit or Common Property;
(iii) maintaining, repairing Common Use Units; and
(iv) ensuring that the By-laws are being observed.
(b) forthwith carry out all work that may be required pursuant to these By-laws or as required by a local authority or other public authority in respect of his Unit;
(c) pay promptly when due, and in accordance with the prescribed terms of payment:
(i) to the Corporation, all and every assessment for Common Expenses of the Corporation, as levied or assessed by the Corporation against his Unit from time to time;
(ii) to the Corporation, all and every assessment, demand and levy for contribution to, reimbursement of, and payment for, expenses and costs incurred by the Corporation, which are wholly or partly directly attributable to his Unit, which are levied, assessed or demanded against his Unit, from time to time or which are the subject of indemnification as prescribed by this By-law or at law;
(iii) to the Corporation, all interest on such accounts, assessments, levies and sums demanded in arrears as prescribed in such accounts, assessments, levies, and demands and in this By-law permitted; and
(iv) to the appropriate authority, all and every account, statement, bill, rate, charge, tax, outgoing, and assessment that may be payable in respect to his Unit from time to time.
(d) abide by all regulations established by these or other By-laws;
(e) notify the Corporation forthwith of:
(i) any change in the ownership of the Unit. The Owner must provide to the Corporation a copy of the Transfer of Title from Alberta Land Titles detailing the new Owners names, address and phone numbers;
(ii) any persons renting or leasing the Unit. The Owner must provide to the Corporation a completed Leaseholder Information and Liability form. This form can be obtained from the Resident Manager or Board Delegate and is to be completed by the owner and returned to the Resident Manager or Board Delegate prior to commencement of the rent or lease arrangement. Owners must comply with the Rental Policy.
(f) upon sale of the Unit, pay to the Condominium Corporation a transfer fee equal to the greater of One Thousand Five Hundred ($1,500) or One Half of One Percent (0.5%) of the selling price of the Unit. The Condominium Corporation shall deposit the transfer fee into the Condominium Corporations Capital Reserve Fund account. This clause does not apply to sales by the Developer.
17. These By-laws, or any of them, may be added to, amended or repealed by Special Resolution of the Corporation and not otherwise. In addition, Guiding Principles and/or Policies may be enacted and enforced by the Board, at its discretion.
A1. These Design Guidelines will ensure that this project, once completed, will reflect the pride and integrity of the Developer and its participating builders in the project, and as such, the cottage owners will be the ultimate beneficiaries. All developments shall comply with the Municipal District of Rocky View No. 44 Bylaw C-6586-2007 (DC - 123), and will be constructed in compliance with all municipal, provincial and federal codes and regulations as currently published. Note: Compliance with these Design Guidelines DOES NOT supersede the required approvals of the Municipal District of Rocky View. The builders, purchasers and owner’s agree that the Board delegated Construction Committee will, in its sole and unfettered discretion, interpret, implement and enforce these Design Guidelines. The builders and purchasers agree to be bound by these Design Guidelines. The builders and purchasers acknowledge and agree that the Construction Committee and/or its representatives including the Architectural Coordinator may need to vary these Guidelines at its discretion on site-specific applications.
A2. The objective of these Design Guidelines is to achieve the highest standard possible of visual appeal and streetscape for the residents in a cost-effective manner, recognizing that cottages are not just a market-driven commodity. It must also offer enough variety of lifestyle choices to build and sustain a vibrant community. These Design Guidelines are for the ultimate benefit of the new cottage owner, intended to ensure cottages are constructed with similar and complementary designs to enhance the value of the community. These Design Guidelines are a mechanism, which will contribute towards a high level of quality of design and integrate this project with the surrounding community. Each cottage plan will be reviewed in terms of its adherence to the Design Guidelines as set out in this document. The Construction Committee may require certain modifications to the cottage plans and/or specifications to reflect the spirit and intent of the Design Guidelines or to take advantage of unique lot features or characteristics. Review of designs on a preliminary basis is strongly encouraged. Involving the architectural coordinator early in the design process of your CottageClub cottage ensures the final approval process is smooth. Builders may submit alternative details to those outlined in these Design Guidelines, providing they conform to the overall objectives of the project and maintain the overall quality of the streetscape and appearance. The acceptance of such alternatives will be at the sole discretion of the Architectural Coordinator.
A3. General: Cottage designs, sitting of cottages and the overall architectural appearance of the community will reflect the melding of traditional design with the practicality of contemporary designs and materials, to meet the needs of today's cottage owners for personal comfort, safety, and efficiency with the end result being a harmonious, attractive and desirable neighborhood. Architectural Theme The architectural theme of CottageClub Ghost Lake will be Western-Alpine. Careful attention to exterior elements and details such as roof lines, gable treatment materials and colors will ensure the community has a consistent look with a variety of curb appeal. Each cottage will be required to have timber elements on the exterior. Timber posts and truss detail at the entrance with an upper timber truss or timber bracket detail are some suggested details. The natural warmth of the wood timbers finished with a transparent or semi-transparent stain in a variety of natural shades will keep a common theme throughout the community. Building Pocket: Building pocket is defined as the maximum building area allowed on a lot as defined under the Condominium Bylaws pertaining to CottageClub Ghost Lake and the Municipal District of Rocky View No. 44 Bylaw C-6586-2007 (DC - 123). Front and side yard setbacks are required to be 2.4m. Rear yard 0914699 Corporation By-laws with accepted changes, setbacks of lots backing onto green space is 0.60m and 2.4m if not backing onto green space. Driveways at the front of lots will require 6m from the roadway to ensure room for parking off the street. Accessory buildings are permitted 2.4m from the front street property line. Parking on the street is not permitted. Maximum lot coverage is restricted by the MD is 35% and includes all buildings. Siting: Each cottage shall be designed to take maximum advantage and consideration of the natural characteristics of the lot - natural grading, sun angles, views, relationship to the street, open space and neighbors. Siting and cottage layout should minimize overview and overshadowing of neighbors. All cottages located in cul-de-sacs should be sited in a radiating pattern, rather than parallel to the property line, where practical. Grades around the cottages are to leave the natural topography intact. Builders are required to survey the natural grades around the cottage at the time of staking the lot. The building is to be set 0.60m from the highest grade at the bottom of the foundation to the top of the joist. These grades are to be reported to the Architectural Coordinator prior to excavation of the foundation. Accessory Building: Accessory Buildings such as a shed or garage are optional. Each lot is permitted one accessory building and it is required to fit on the lot with the cottage within the max permitted 35% lot coverage. Accessory Buildings are to be finished to the same standard of material and attention to detail as the cottage on the same unit. Carriage style garage doors are encouraged on all accessory buildings. Roof slopes, architectural timber details and overall cottage style are required to be carried to the accessory building to complement the cottage. Massing & Roof Slope: The overall feeling of a street can be very affected by the massing of the buildings on the street. The rooflines and pitches of the roofs often have the most influence on a buildings massing. At a pedestrian scale the cottages should have a feeling of strength at the foundation and correct proportion up to a carefully detailed roof line. The Minimum Main Roof Slope of Accessory Buildings will be the same as the cottage on the same lot. Minimum Main Roof Slope of the Cottages is encouraged to be in the spirit of Western Alpine Theme at 12:12. The minimum roof slope approved for 2 storey cottages will be 6:12 and bungalows are to be minimum of 7:12 to ensure they are not dwarfed on the street. Roof pitches will be adjusted to maintain and control the flow of the streetscape, especially on corner lots or special treatment areas. Exterior features, including the roofs design may be modified by the Architectural Coordinator to vary the street appeal of the project as site-specific conditions may dictate. All elements of the cottage design are to be consistent with the Western Alpine theme. Transition between different cottages should be made smoothly. Otherwise, varying setbacks and changing roof pitches will be used to moderate the transitions. Corner Lots: Special attention must be paid to side elevations on all lots that side onto a roadway. The side elevations should have the same architectural treatment as the front. Details such as added windows complete with trim, architectural timber details and similar roof and gable end details. Side elevations on all corner lots must be approved by the Architectural Coordinator. Back-flow Preventer Valves To avoid cross-contamination of our water system, all cottages must be constructed or retrofitted with back-flow preventer valves. Septic Holding Tank: Each cottage will have one septic holding tank, of a minimum size of 2,000 gallons, either of fiberglass or concrete. Concrete tanks can be installed in the driveway. Fiberglass tanks cannot be installed in the driveway or anywhere that vehicles may be driven over or parked. Vehicular access to or over the location of a fiberglass tank must be restricted by bollards or other special permanent features. The tanks must be vented with a stack (to a minimum of 4” diameter) through the cottage. A quick connect access coupler must be located at a front corner of the cottage. A tank alarm will be hard wired into the cottage.
A4. Exterior materials are to meet the criteria in the "FIRE PREVENTION & PROTECTION PLAN FOR COTTAGECLUB GHOST LAKE", as per Appendix "A" attached. Exterior Materials: The use of a variety of combined exterior wall treatments is encouraged. Wall materials are limited to cement fibre siding as approved by the MD. James Hardie board and CertainTeed cement fibre siding are acceptable to both the architectural coordinator and the municipal district. Builders may be asked to provide samples of the products they are submitting for review. Accent materials such as natural or cultured stone or brick are encouraged as strong architectural features. Brick or stone is to return a minimum of 24" around corners. All exterior color schemes must be approved. Exact siding and stone color cannot be repeated within 3 lots on the same side of the street (ABCA) or directly across the street. However, cottages can be side by side with the same trim and roof color. Roofs: Roof materials are to meet the criteria in the "FIRE PREVENTION & PROTECTION PLAN FOR COTTAGECLUB GHOST LAKE". Recommended roofing materials include rubber roofing, concrete tile as well as metal roofing. Other materials will be considered on a lot-by-lot basis. Flashing and vents are to blend with the color of the roof. Eaves are to be non-vented. In keeping with commonly accepted safety objectives, eaves troughs shall be permitted over exits/ entrances and stairwells. The collection of this water shall be allowed in water catchment devices that meet Board approval. Soffit and Fascia: Minimum roof overhangs of 12" or greater with minimum 8" fascia. All soffits must be non vented prefinished aluminum or cement fibre. Parging: Parging on all elevations shall be a maximum of 24' above grade around entire cottage foundation. Foundations sitting on a natural slope must strap the foundation to accommodate siding or Parging within 24" from any grade. Exterior Color schemesThe color schemes of CottageClub will be carefully considered. Earth-tone shades of wall materials are required with complementary trim color and accented stone or brick (if desired). Pastel shades of blues, greens and pinks will not be considered. Approved Hardie Board colors are: Approved CerainTeed colors are: Autumn Tan Linen - Navajo Beige Silverplate - Cobble Stone Antique White - Heathered Moss Butter - Countrylane Red Merino Tan - Khaki Brown Wicker - Sandstone Beige Heritage Clay - Monerey Taupe Heather - Mountain Sage Nantucket Grey - Iron Grey Olive - Tuscan Gold Desert Gold - Woodstock Brown Autumn Red - Timber Bark Newport Taupe Any other colors are to be considered on a lot by tot basis. Color and material samples may be required by the Architectural Coordinator. The approval of any color scheme will be at the sole discretion of the Architectural Coordinator, having regard to the adjacent cottages and general ambience of the neighborhood. Front Entries: Front entrances to the cottages are expected to create a sense of welcome. The front entry will be the main showcase area for Western Alpine themed Timber Frame architectural details. Simple distinctive Timber Frame details are mandatory at the street side entrance. Where feasible, verandas, front porches and/or covered entries are to be encouraged. Solid wood Timber Frame posts and truss details as part of the covered entry on every cottage will ensure a sense of continuity throughout. Chimneys: All furnace and fireplace flues shall be boxed in and clad with material to match the cottage exterior material or roof color. Direct vent fireplaces must not vent to the front.
A5. Lot Grading: Due to the natural sloped topography of the site, special precautions related to ground and surface runoff must be adhered to, both during and after construction. Lot grading is to follow the natural slope of the land form and to be consistent with the Engineered CottageClub Ghost Lake Storm Water Management Plan. Individual lot grading and drainage must not change the existing drainage design in accordance with the CottageClub Ghost Lake Storm Water Management Plan. Sedimentation/Erosion Control: Construction activities can result in a rapid increase in erosion and sedimentation, and if left uncontrolled, can irreparably harm the environment. Sedimentation of our rivers, streams and creeks can destroy fish habitat, and negatively impact water supplies, flood control, navigation, and recreational activities. The costs of cleaning up our environment afterwards can be high. Suitable erosion and sedimentation controls must be implemented by the builder to protect our environment and drainage systems. The builder and/or cottage unit owner are to ensure no sedimentation makes its way into any drainage swales. Tracking of mud by construction vehicles will not be tolerated. The Developer and/or the Condominium Corporation will fine a builder and/or unit owner up to $500 (Five Hundred Dollars) for every occurrence where construction vehicle or construction equipment has tracked mud onto the street. Cost incurred to clean out sedimentation or repair damage to any drainage infrastructure caused by erosion or sedimentation from a cottage unit will be charged back to the cottage unit owner and/or the unit owner's respective builder. Cost incurred to repair damage to any other unit caused by erosion or sedimentation from a cottage unit will be charged back to the cottage unit owner and/or the unit owner's respective builder. Fences: The Developer has constructed uniform fencing around the parcel with exception of the waterfront. Fencing on units is prohibited under the Municipal District of Rocky View No. 44 Bylaw C-6586-2007 ( DC-123). Planting of tree and shrubs is encouraged to delineate lot lines. Appearance During Construction: Each builder is required to keep their lots and building sites clean and orderly during construction. There will be no burning of garbage or disposing of any garbage in any manner, except in the garbage bins to be supplied by each builder. Each builder is to strictly follow the "SOLID WASTE MANAGEMENT AND RECYCLING PLAN" as per Appendix "B" attached. If compliance of this condition is not met, and the Construction Committee believes a clean-up is necessary, then the owner and/or builder will be back-charged for the costs of same incurred by the Condominium Corporation or the Developer. Signage: The Developer will provide directional signage to the subdivision. All temporary and permanent signage must be approved by the Developer. The design standard for the project must be followed on all signs in and leading to the project. The builders' cooperation in this matter is important to enhance the image of the project as a pleasant community to establish a recreational dwelling. Builder's Responsibilities The granting of an architectural design approval by the Developer, Board or the Architectural Coordinator does not release the Builder/purchaser from the obligation to comply with all municipal bylaws, building codes, statues and regulations that are applicable to the development and are imposed by law. The Developer and Architectural Coordinator will not be responsible for the legal requirements of that nature. If at the time of construction on site, errors or discrepancies are noticed from information received at the time of approval, or from engineering drawings, or from existing site grading, or existing cottages, the Builder is to contact the Architectural Coordinator so that the discrepancy may be reviewed and adjustments made to accommodate the existing site construction. The cost of repair due to builder damage to any underground utilities, roads, trees, drainage or other items will be charged back and may be deducted from the Performance/Compliance Deposit. It is understood that the amount of charge backs will not be limited to the amount of the Performance/Compliance Deposit. The builder must ensure that all excavation material is kept within the confines of their lots. Any spillage onto a road, sidewalk or neighboring lot shall be removed immediately. If not removed immediately, the Developer will move the offending material and invoice the unit owner and/or builder responsible. At such intervals as deemed appropriate by the Board, the Occupant shall ensure that his/her/their Builder attend a Condominium Board orientation, and abide by the regulations stated in the Builder’s Package of Information.