These are the reproduced Bylaws of the Eagle Ridge condominium corporation (See Disclaimer).
1. In these By-laws, unless the context or subject matter requires a different meaning:
a. “Act” means the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22, as amended from time to time or any statute or statutes passed in substitution therefor;
b. “Board” means the Board of directors of the Corporation;
c. “By-laws” means the By-laws of the Corporation, as amended from time to time, but do not include the statutory By-laws found in the Appendices of the Act;
d. “Common Expenses” means the expenses of performance of the objects and duties of the Corporation and any expenses specified as Common Expenses in these By-laws;
e. “Common Property” means so much of the Parcel as is not comprised in or does not form part of any Unit and, solely for the purposes of these By-laws, where the context requires, also includes a Unit registered in the name of the Corporation;
f. “Condominium Plan” means the Condominium Plan registered under the Act as No. 0511015;
g. “Corporation” means the Corporation constituted under the Act by the registration of the Condominium Plan whose legal name is “Condominium Corporation No. 0511015”;
h. “Developer” means Avonlea Land Corp. Ltd. or any successor or assign thereof;
i. “Insurance Trustee” means an entity authorized to carry on the business of a trust company under the laws of Alberta, selected from time to time by Ordinary Resolution of the Board, whose duties include the receiving, holding and disbursing of proceeds of policies of insurance pursuant to these By-laws and the Act. If no Insurance Trustee is appointed, then the Insurance Trustee shall be the Board;
j. “Interest Rate” means that rate of interest per annum which may be or shall become payable hereunder by an Owner in respect of monies owing by him to the Corporation and shall be equal to the commercial prime rate in Lethbridge, Alberta, of the Canadian chartered bank or Alberta Treasury Branch with which the Corporation conducts its banking business, plus four (4%) percent, on the earliest date on which any portion of the said monies becomes due and payable by an Owner or, if applicable, such maximum rate of interest as may be allowed by the Act and the Regulations, whichever is the lesser;
k. “Manager” means any property Manager contractually retained by the Board to assist the Board in carrying out the duties imposed on the Corporation;
l. “One Family Residence” means a residence occupied or intended to be occupied as a residence for one family alone and containing one kitchen;
m. “Ordinary Resolution” has the same definition and meaning given in the Act;
n. “Owner” means a person who is registered as the Owner of the fee simple estate in a Unit;
o. “Parcel” means the land comprised in the Condominium Plan;
p. “Regulations” means the Condominium Property Regulations made pursuant to the Act, as amended from time to time, or any regulations passed in substitution therefor;
q. “Residence” means the dwelling constructed on any Unit and includes any garage attached thereto;
r. “Project” means all of the real and personal property and fixtures comprising the Parcel, land and Residences which constitute the Units and Common Property;
s. “Special Resolution” has the same definition and meaning given in the Act;
t. “Unanimous Resolution” means a resolution:
i. Passed unanimously at a properly convened meeting of the Corporation by all the persons entitled to exercise the power of voting conferred by the Act or these By-laws, representing the total Unit Factors for all Units; or
ii. Signed by all persons who, at a properly convened meeting of the Corporation, would be entitled to exercise the powers of voting conferred by the Act or these By-laws;
u. “Unimproved Unit” means a Unit upon which a Residence has not yet been constructed;
v. “Unit” means an area designated as a Unit by the Condominium Plan;
w. “Unit Factor” means the Unit Factor for each Unit and each Common Property Unit as more particularly specified or apportioned and described in and set forth on the Condominium Plan.
Words and expressions which have a special meaning assigned to them in the Act have the same meaning in these By-laws, and other expressions used in these By-laws and not defined in the Act or in these By-laws have the same meaning as may be assigned to them in the Land Titles Act of Alberta or the Law of Property Act of Alberta, as amended from time to time or in any statute or statutes passed in substitution therefor.
Words importing the singular number also include the plural, and vice versa, and words importing the masculine gender include the feminine gender or neuter, and vice versa, and words importing persons include firms and Corporations and vice versa, where the context so requires.
2. The headings used throughout these By-laws are inserted for reference purposes only and are not to be considered or taken into account in construing the terms or provisions of any By-law.
3. The rights and obligations given or imposed on the Corporation or the Owners under these By-laws are in addition to any rights or obligations given or imposed on the Corporation or the Owners under the Act.
4. If there is any conflict between the By-laws and the Act, the Act prevails;
5. Any monies whatsoever payable by an Owner to the Corporation for whatever reason shall bear interest at the Interest Rate (unless the Corporation should otherwise agree in writing), notwithstanding that there may be no reference, inference, or specific provision allowing or permitting the Corporation to charge interest on any amounts, costs, expenses, assessments, sums or charges that may be payable by an Owner to the Corporation pursuant to or under these By-laws. The obligation to pay interest under this provision shall supersede and take priority over any provision that may be contrary to the same, and where there is any provision in these By-laws obligating an Owner to pay monies to the Corporation, the Owner shall automatically be obligated to pay interest at the Interest Rate on such monies by virtue of this provision. Where it is unclear or imprecise in these By-laws as to when interest commences and is calculated from, such interest at the Interest Rate shall be calculated as at and from the date that the Corporation provides an Owner with any written notice, letter, invoice, bill, account, demand or any other written communication whatsoever for the payment of monies by an Owner to the Corporation; PROVIDED, however, that in the event that any By-law Specifically stipulates or states when an Owner is required to pay any amounts, costs, expenses, assessments, sums or charges to the Corporation, and such By-law is precise as to the date when interest commences and is calculated from, then those provisions as set forth in such By-law as to the commencement and calculation of interest shall apply.
6. a. If and whenever reference hereunder is made to “repair”, it is hereby implied and extended to include in its meaning the making of improvements or betterments or the enhancement or replacement with a better thing of or for anything to which such repair could be made; b. If and whenever reference hereunder is made to “Owner”, it is hereby implied and extended to include in its meaning a tenant of an Owner, an occupant of the Owner’s Unit or any other person, firm or Corporation that an Owner is responsible for at law, unless the By-law in which the term appears expressly or implicitly by the context of such By-law excludes the inclusion of either a tenant, an occupant or any other person, firm or Corporation that an Owner is responsible for at law;
7. Wherever in these By-laws it is necessary for the Corporation’s approval or consent to be obtained, the Corporation may, at its sole and absolute discretion, withhold such approval or consent arbitrarily without any liability to the Corporation for doing so.
8. An Owner SHALL: a. Permit the Corporation and its agents, at all reasonable times on a minimum of twenty-four (24) hours’ notice (except in case of emergency when no notice is required), to enter his Unit for the purpose of: i. Inspecting the Unit and maintaining, repairing or renewing pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the Unit; ii. Maintaining, repairing or renewing the Common Property; iii. Ensuring that the By-laws are being observed; iv. Doing any work for the benefit of the Corporation generally; v. Gaining access to meters monitoring the use of any utility. In the event the Corporation must gain access for the aforesaid purposes by using a locksmith, the cost of such locksmith shall be borne by the Unit Owner; b. Forthwith: i. Carry out all work that may be required pursuant to these By-laws or ordered by any municipality or public authority in respect of his Unit; and ii. Pay all taxes, charges, outgoings and assessments that may be payable in respect of his Unit; c. Repair and maintain (including replacement where necessary): i. The interior of his Unit; ii. His Unit, including any broken glass and the washing of windows that are accessible to the occupant; iii. Any interior wall, ceiling-mounted or external air conditioning equipment that provides cooled air to his Unit; iv. All wood, patio and screen doors and all structural components and hardware relating to all interior doors; v. Doorbell buttons, doorknobs and locks; vi. Light fixtures and their bulbs attached to the exterior of the Unit; vii. Any thermostat and any interior wall- or ceiling-mounted air conditioning equipment that provides cooled air to the Unit; viii. But excluding the painting of the exterior surface or finishing of any windows or access doors, and all other outer boundaries, walls and other outside surfaces and roofs and eavestroughs and all other outside hardware and accoutrements (except as noted herein) affecting the appearance, usability, value or safety of the Unit, and keep his Unit in a state of good repair, except such maintenance, repairs and damages as are insured against by the Corporation for which the Corporation is responsible pursuant to these By-laws; d. Not paint nor make any changes, additions or alterations to the exterior of his Unit or the Residence (including interior and exterior load-bearing or partition walls) of which his Unit forms a part, or to the mechanical systems within his Unit (which include, without limitation, plumbing, heating, venting and electrical) without first obtaining the written consent of the Corporation; e. Use and enjoy the Common Property in accordance with these By-laws and all rules and regulations prescribed by the Corporation and in such a manner as to not unreasonably interfere with the use and enjoyment thereof by other Owners; f. Not use his Unit or permit it to be used in any manner for any purpose which may be illegal, injurious or that will cause nuisance or hazard to any occupier of another Unit (whether an Owner or not); g. Notify the Corporation forthwith upon any change of Ownership or of any mortgage, lease or other dealing in connection with his Unit; h. Comply strictly with these By-laws and with such rules and regulations as may be adopted pursuant thereto from time to time and cause all occupiers of and visitors to his Unit to similarly comply; i. Pay to the Corporation (or, if requested, to the Manager) when due all contributions levied or assessed against his Unit together with interest on any arrears thereof at the Interest Rate calculated from the due date, and the Corporation is hereby permitted to charge such interest in accordance with Section 40 of the Act; j. Pay to the Corporation all legal expenses incurred as a result of having to take proceedings to collect any Common Expenses levied or assessed against his Unit, and such legal expenses shall be paid on a solicitor and his own client full indemnity basis; k. Allow the Corporation entry to his Unit in the event of an emergency, for the purposes of protecting the property of other Owners or occupiers and the property of the Corporation, and in the event his Unit is so entered, the Owner shall save harmless and indemnify the Corporation, its agents and employees from any claims arising from such entry; l. Upon the request of the Corporation, obtain, or have any Manager who leases the Unit on behalf of an Owner obtain, from any tenant an undertaking in writing to the following effect: I. covenant and agree that I will, in using the Unit (including the garage) rented by me and all the Common Property, comply with the Condominium Property Act, the By-laws and all rules and regulations of the condominium Corporation during the term of my tenancy; m. If an Owner wishes the Corporation to respond to his suggestions, questions or complaints, express them in writing, placed in an envelope delivered to the Manager or a Board member. The Board shall not be required to act on any suggestion, question or complaint that is not in writing and properly submitted to the Board or to the Manager; n. Deposit with the Corporation, if requested, twelve (12) duly executed post-dated cheques or monthly bank debit, as directed by the Corporation, for duly assessed condominium contributions.
9. In addition to the duties of the Corporation set forth in the Act, the Corporation through its Board SHALL: a. Control, manage, maintain, repair, replace and administer the Common Property (except as hereinbefore and hereinafter set forth) and all real property, chattels, personal property or other property owned by the Corporation for the benefit of all the Owners and for the benefit of the Project; b. Do all things required of it by the Act, these By-laws and any other rules and regulations in force from time to time and shall take all necessary steps it sees fit to uphold and enforce these By-laws; c. Maintain and repair (including renewal where reasonably necessary) all pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the Parcel and capable of being used in connection with the enjoyment of one or more Units or Common Property; d. Provide and maintain in force all such insurance as is required by the Act and by the provisions of these By-laws and enter into any insurance trust agreements from time to time as required by any Insurance Trustee and approved by the Board and, on the written request of an Owner or registered mortgagee of a Unit, or the duly authorized agent of such Owner or mortgagee, produce to the Owner or mortgagee, a certified copy of the policy or policies of insurance effected by the Corporation or a certificate or memorandum thereof and the receipt or receipts for the last premium or premiums in respect thereof; e. Subject to any obligations imposed by the By-laws or by the Corporation upon any Owners, to maintain any part of the Common Property or Unit, clean, maintain and repair the exterior or outside of the Residence on the Unit (excluding any broken window, glass and the washing of windows that are accessible to an occupant, the interior surface of interior access doors, all structural components and hardware relating to all doors, screen doors, doorbell buttons, light fixtures and their bulbs attached to the exterior of the Unit, thermostats and any interior air conditioning equipment, all of which shall be the responsibility of an Owner) but including the repair of any leakage around the windows and the maintenance and repair of all outside accoutrements affecting the appearance, usability, value or safety of the Parcel or the Units and the Common Property and including all landscaped areas, common sidewalks, driveways, roadways and all balcony walls, rails, fencing and related posts; f. Collect or cause to be collected and receive or cause to be received all contributions towards the Common Expenses and deposit same in a separate account with a chartered bank or trust company or Province of Alberta Treasury Branch or credit union incorporated under the Credit Union Act; g. Provide and maintain out of the contributions to be levied by the Corporation towards the Common Expenses and such amounts as may be required from time to time for a capital replacement reserve fund pursuant to the Act and its Regulations, and generally to comply with the provisions of the Act and its Regulations regarding a capital replacement reserve fund (hereinafter referred to in these By-laws as “the capital replacement reserve fund” or “the reserve”); h. Pay all sums of money properly required to be paid on account of all services, supplies and assessments pertaining to or for the benefit of the Parcel, the Corporation and the Owners as the Board may deem justifiable in the management and administration of the Project; i. Remove snow, slush and debris from and keep and maintain in good order and condition all common areas of the Common Property designated for vehicular or pedestrian traffic or outside parking and keep and maintain in good order and condition all grassed or landscaped areas of the Common Property; j. Provide adequate garbage receptacles or containers on the Common Property for use by all Owners and provide for regular collection therefrom; 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 and approvals provided to the Corporation pursuant to Section 46 of the Act; l. Not plant any trees or substantial landscaping or make any unauthorized grade changes within any lands which are the subject of an easement or similar grant to any utility company, municipality or local authority; m. Establish and maintain lawns, trees and shrubs and other landscaping on the Common Property that may have been initially installed by the Developer and promptly replace on a continuing basis such lawns, trees or shrubs which die; n. Maintain and keep in a good state of repair, as may be required as a result of reasonable wear and tear or otherwise, the following: i. All party walls, outside surfaces of any Residences or any other improvement upon the Unit including, without limiting the generality of the foregoing, exterior walls, foundations, decks, fencing, roofs and all roofing materials, eavestroughs and exterior drains, exterior beams and trim, exterior doors, windows and fixtures attached to the exterior of a Residence or any other improvement constructed by the Developer upon the Unit (but excluding mailbox, doorbell buttons, and light bulbs for light fixtures attached to the exterior of a Residence, all of which shall be the responsibility of the Owners).
10. a. Purchase, lease or otherwise acquire personal property and/or real property for use by Owners in connection with the maintenance, repair, replacement or enjoyment of the real and personal property of the Corporation or the Common Property, or their Units or any of them; PROVIDED THAT real property shall only be acquired or disposed of by Special Resolution of the Corporation; b. Borrow monies required by it in the performance of its duties or the exercise of its powers; PROVIDED THAT each such borrowing in excess of twenty-five (25%) per cent of the current year’s Common Expenses budget has been approved by Special Resolution; c. Secure the repayment of monies borrowed by it, and the payment of interest thereon, by negotiable instruments or mortgage of unpaid contributions (whether levied or not), or mortgage of any property vested in it, or by any combination of those means; d. Invest as it may determine any contributions towards the Common Expenses subject to the restrictions set forth in Section 43 of the Act; e. Make an agreement with an Owner, tenant or other occupier of a Unit for the provision of amenities or services by it to the Unit or to the Owner, tenant or occupier thereof; f. Grant to an Owner the right to exclusive use and enjoyment of part of the Common Property or special privileges in respect thereof; any such grant to be determinable on reasonable notice, unless the Corporation by Special Resolution otherwise resolves; g. Make such rules and regulations as it may deem necessary or desirable from time to time in relation to the use, enjoyment and safety of the Common Property and do all things reasonably necessary for the enforcement of these By-laws and for the control, management and administration of the Common Property, including the commencement of an action under Section 36 of the Act and all subsequent proceedings relating thereto; h. Determine from time to time the amounts to be raised and collected for the purposes hereinbefore mentioned; i. Raise the amounts of money so determined by levying contributions on the Owners in proportion to the Unit Factors for their respective Units or on such other basis as may be determined by the Board or as otherwise herein provided; j. Charge interest under Section 40 of the Act on any contribution or Common Expenses owing to it by an Owner at the Interest Rate; k. Pay annual honorarium, stipend or salary to members of the Board in the manner and in the amounts as may be from time to time determined by Ordinary Resolution at a general meeting; l. Join any organization serving the interests of the Corporation and assess the membership fee in such organization as part of the Common Expenses; m. Do all things which are, either or both, incidental or conducive to the exercise of its powers granted under the Act and the By-laws; n. Grant a lease to an Owner under Section 50 of the Act; o. Subject to any limitations and prohibitions contained in the Act, these By-laws and otherwise by law, have such powers and do all such things which any body corporate shall be empowered and authorized to do under the Business Corporations Act of Alberta (as amended and replaced from time to time) and do all things and have such rights, powers and privileges of a natural person.
11. The powers and duties of the Corporation shall, subject to any restriction imposed or direction given at a general meeting be exercised and performed by the Board.
12. The Board shall consist of not less than two (2) nor more than seven (7) individuals who may be nominees of the Developer, Owners or spouses of Owners, representatives of mortgagees of Units, representatives or principals of corporate Owners, or any combination of the foregoing, and the composition of the Board pursuant to the provisions of this By-law shall be valid notwithstanding the provisions of Section 28(10) of the Act. The Board shall be elected at each annual general meeting (although members may also be elected at an extraordinary general meeting). Where a Unit has more than one Owner, only one person in respect of that Unit may sit on the Board at any point in time. Notwithstanding the foregoing or the provisions of Section 28(10) of the Act, the Board shall be composed of a majority of the nominees of the Developer until the first annual general meeting of the non-Developer Owners, unless the Developer should waive this provision.
13. A company which is a member of the Board may, by proxy, power of attorney or resolution of its directors, appoint such person as it thinks fit to act as its representative on the Board and to attend meetings thereof and vote at such meetings on behalf of the company, and such representative shall be entitled to act provided notice in writing thereof shall have been given to the Board. Where a company is the only member of the Board, a minute or resolution signed by its representative or by the alternate of its representative duly appointed pursuant to the By-law next following shall be deemed to be a resolution of the Board.
14. A representative of a company on the Board may appoint any person, whether another Owner or not and whether a member of the Board or not, to serve as his alternate representative on the Board and as such to attend and vote in his stead at meetings of the Board and to do anything specifically provided for in these By-laws. Such alternate shall, if present, be included in the count for quorum and, if he be a member of the Board, he shall be entitled to two votes, one as a member of the Board and the other as an alternate representative of a member of the Board. If the representative so directs, notice of meetings of the Board shall be sent to the alternate representative of a member of the Board. If and when the appointing representative vacates the office as alternate representative, any appointment or removal under this By-law shall be made in writing under the hand of the representative making the same.
15. At each annual general meeting of the Corporation, all of the members of the Board shall be deemed to have retired from office and the Corporation shall elect new Board members accordingly.
16. A retiring member of the Board shall be eligible for re-election. An Owner who has not paid to the Corporation the contributions due and owing in respect of that Owner’s Unit is not eligible for election to the Board. A Board member must be eighteen (18) years of age or older. This By-law shall not operate so as to dis-entitle any nominee of the Developer to be elected to the Board by reason of the Developer’s exemption from paying contributions to the Corporation by virtue of these By-laws.
17. Except where the Board consists of representatives of the Developer pursuant to By-law 12 – Composition of the Board hereof, the Corporation may, by resolution at an extraordinary general meeting, remove any member of the Board before the expiration of his term of office and appoint another Owner in his place, to hold office until the next annual general meeting.
18. Where a vacancy occurs on the Board under By-law 27 – Vacating Office of Board Member, the remaining members of the Board may appoint a person to fill that office for the remainder of the former member’s term.
19. A quorum of the Board is two (2) where the Board consists of four (4) or less members, three (3) where the Board consists of five (5) or six (6) members, and four (4) where it consists of seven (7) members. Any member of the Board may waive notice of a meeting before, during or after the meeting, and such waiver shall be deemed the equivalent of receipt of due and proper notice of the meeting.
20. At the first meeting of the Board held after each annual general meeting of the Corporation, the Board shall elect from among its members a president, a vice-president, a treasurer and/or a secretary who shall hold their respective offices until the conclusion of the next annual general meeting of the Corporation or until their successors are elected or appointed. The president shall be the chairman of the Board and shall have a casting vote in addition to his original vote. A person ceases to be an officer of the Corporation if he ceases to be a member of the Board. Where a person ceases to be an officer of the Corporation, the Board shall designate from its members a person to fill that office for the remainder of the term. A person may simultaneously hold two offices.
21. The president shall act as chairman of every meeting of the Owners. Where the president is absent from any meeting of the Board or vacates the chair during the course of any meeting, the vice-president shall act as the chairman and shall have all the duties and powers of the chairman while so acting. In the absence of both the president and the vice-president, the members present shall from among themselves appoint a chairman for the meeting who shall have all the duties and powers of the chairman while so acting.
22. The other duties of the officers of the Board shall be as determined by the Board :from time
to time.
23. At meetings of the Board, all matters shall be determined by simple majority vote. A resolution of the Board in writing signed by all of the members shall have the same effect as a resolution passed at a meeting of the Board duly convened and held.
24. d. Obtain and retain by contract the services of a Manager or of any professional real property management firm or professional real property Manager or agent for such purposes (including, but not so as to limit the generality of the foregoing, the supervision, management and performance of any or all of the duties of the Corporation) and upon such terms as the Board may from time to time decide, SUBJECT ALWAYS to the control and direction of the Corporation and the Board, such Manager to be reasonably fit and suited to perform such duties. The Manager employed by the Board need not devote its full time to the performance of duties of the Corporation so long as those duties are performed in a good and sufficient fashion. If under such contract the Manager holds funds for the Corporation, the contract shall require the Manager to arrange or maintain a fidelity bond owned by and in the name of the Corporation and for the benefit of the Corporation, and such bond shall be in an amount required by the Corporation but in any event not less than: i. The total amount of any capital replacement reserve funds as required under the Act or its Regulations in the hands of or controlled by the Manager; ii. One month's total condominium contributions of the Corporation or one-twelfth (1/12) of the total annual condominium contributions for all Units in the Project (EXCLUDING any special assessments), whichever is greater; and iii. A sum representing the average monthly amount of cash in the control of the Manager; e. Enter into an insurance trust agreement in form and on terms as required by any Insurance Trustee; f. Set and charge for and on behalf of the Corporation reasonable fees to compensate the Corporation for expenses it incurs in producing and providing any documents or copies required to be issued by it under the Act or pursuant to these By-laws.
25. a. Subject to any valid restrictions or directions given at a general meeting of the Owners, carry on the day-to-day business and affairs of the Corporation;
b. Keep minutes of its proceedings and, upon written request, at the expense of the person requesting, provide copies thereof to Owners and to mortgagees who have notified their interests to the Corporation;
c. Cause minutes to be kept of general meetings of the Owners and, upon written request, at the expense of the person requesting, provide copies thereof to Owners and to mortgagees who have notified their interests to the Corporation;
d. Cause proper books of account to be kept in respect of all sums of money received and expended by it and the matters in respect of which receipt and expenditure shall take place;
e. Prepare proper accounts relating to all monies of the Corporation, and the income and expenditure thereof for each annual general meeting;
f. Maintain financial records of all the assets, liabilities and equity of the Corporation;
g. On written application of an Owner or mortgagee, or any person authorized in writing by him, make the books of account available for inspection at a time convenient to the Board or the Manager;
h. At least once a year, cause the books and accounts of the Corporation to be audited by an independent chartered accountant, certified general accountant or certified management accountant to be selected at each annual general meeting of the Corporation, and cause to be prepared and distributed to each Owner and to each mortgagee who has, in writing, notified its interest to the Corporation, a copy of the audited Financial Statement of the receipts of contributions of all Owners towards the Common Expenses and disbursements made by the Corporation, and a copy of the Auditor's Report within ninety (90) days of the end of the fiscal year of the Corporation. The report of the Auditor shall be submitted to each annual general meeting of the Corporation. Any obligations under this paragraph may be waived upon the passing of an Ordinary Resolution to that effect;
i. Keep a register noting the names and addresses of all Owners and any mortgagees who have given notice of their interests to the Corporation;
j. At all times, keep and maintain in force all insurance required hereunder and by the Act to be maintained by the Corporation;
k. Within thirty (30) days of a person becoming or ceasing to be a member of the Board, file or cause to be filed at the Land Titles Office a notice in the prescribed form stating the name and address of that person and the day that the person became or ceased to be, as the case may be, a member of the Board;
l. File or cause to be filed at the Land Titles Office a notice in the prescribed form of any change in the address for service of the Corporation;
m. Appoint committees to fulfill any function the Board deems necessary, including, if necessary, an audit committee, maintenance committee or social committee, and may appoint any other committee for any purpose it sees fit. Each committee shall appoint a chairman, and each chairman shall report to the Board on each committee's activities. Any committee or the Board shall have only that authority to deal with the Owners of Units, the occupants of Units, or others, as the Board may expressly confer on each committee.
26. All acts done in good faith by the Board are, notwithstanding it be afterwards discovered that there was some defect in the appointment or continuance in office of any member of the Board, as valid as if the member had been duly appointed or had duly continued in office.
27. The office of a member of the Board shall be vacated if the member: a. By notice in writing to the Corporation resigns his office; or b. Dies; or c. Is in arrears more than sixty (60) days of any contribution, levy or assessment required to be made by him as an Owner; d. Becomes bankrupt; e. Is found lunatic or becomes of unsound mind, or is the subject of a certificate issued under the Mental Health Act or the Dependent Adult Act; f. Is convicted of an indictable offence; g. Is absent from meetings of the Board for a continuous period of three (3) months or three (3) consecutive meetings without the consent of the remaining members of the Board, and a majority of the remaining members of the Board resolve at the next subsequent meeting of the Board that his office be vacated; h. In the case of a company which is a member of the Board, if the company shall become bankrupt or make an assignment for the benefit of creditors, or if proceedings are commenced to wind up the company, otherwise than for the purpose of amalgamation or reconstruction; i. Is refused bonding, at a reasonable premium, by a recognized bonding institution; or j. Commences any legal proceedings against the Board or the Corporation.
28. The Board shall determine by resolution from time to time, the manner in which an officer or officers shall sign cheques, drafts, notes and other instruments and documents, including banking forms and authorities not required to be under corporate seal, and may authorize the Manager to sign the same with or without co-signing by any officer or officers.
29. The Corporation shall have a common seal which shall at no time be used or affixed to any instrument except in the presence of at least one member of the Board or by the persons as may be authorized from time to time by resolution of the Board, except that where the Board consists solely of representatives of the Developer, one signature shall be sufficient for the purposes of this By-law.
30. The first annual general meeting of the non-Developer Owners shall be convened by the Board within the time prescribed by the Act. Subsequent annual general meetings shall be held once in each calendar year, and not more than fifteen (15) months shall elapse between the date of one annual general meeting and that of the next.
31. All general meetings other than annual general meetings shall be called~ general
meetings.
32. The Board may whenever it thinks fit and shall upon a requisition in writing by Owners representing not less than 5,000 Unit Factors for all the Units, or upon the request in writing from mortgagees holding registered mortgages (and who have notified their interests to the Corporation) against Units in respect of which corresponding Unit Factors represent not less than 5,000 Unit Factors, or a combination of such Owners or mortgagees entitled to vote with respect to 5,000 Unit Factors, convene an extraordinary general meeting, which meeting shall be held within thirty (30) days of the Board's receipt of the said requisition. The agenda for such meeting shall include any items specified by the requisitioners.
33. A minimum of seven (7) days' notice of every general meeting, specifying the place, the date and the hour of the meeting, and, in the case of special business, the general nature of such business, shall be given to all Owners and mortgagees who have notified their interests to the Corporation. Notice shall be given to the Owner and to such mortgagees in the manner prescribed in these By-laws, but the accidental omission to give notice to an Owner or mortgagee, or non-receipt by an Owner or mortgagee, does not invalidate the meeting or any proceedings thereat. In computing the number of days' notice of a general meeting required under these By-laws, the day on which the notice is deemed to have been received and the day of the meeting shall be counted. Notice of any meeting may be waived either at, before or after the meeting by persons entitled to vote at the meeting, and such waiver shall be deemed the equivalent of receipt of due and proper notice of the meeting.
34. All business that is transacted at an annual general meeting, with the exception of the consideration of accounts and election of members to the Board, or at any extraordinary general meeting, shall be deemed special.
35. Save as otherwise provided in these By-laws, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business. One-half (½) of the persons entitled to vote, representing not less than 5,000 Unit Factors, present in person or by proxy, shall constitute a quorum.
36. If, within thirty (30) minutes from the time appointed for a meeting of the Corporation, a quorum is not present, the meeting shall stand adjourned for a further fifteen (15) minutes. If, after the fifteen (15) minute adjournment, a quorum is still not present, the persons entitled to vote who are present shall constitute a quorum.
37. The president of the Board shall be the chairman of all general meetings. In his absence from the meeting, or in the event that he vacates the chair, the vice-president of the Board shall act as chairman. PROVIDED ALWAYS that if the president and vice-president are absent, vacate the chair, or refuse to act, the meeting shall elect a chairman.
38. The order of business at general meetings, and, as far as is appropriate, at all extraordinary general meetings, shall be: a. If the president or vice-president of the Board is absent, elects to vacate the chair, or refuses to act, the election of the chairman of the meeting; b. Call to order by the chairman and establishment of quorum; c. Calling of the roll and certification of proxies; d. Proof of notice of meeting or waiver of notice; e. Reading and disposal of any unapproved minutes; f. Reports of officers; g. Reports of committees; h. Financial report; i. Appointment of auditors; j. Election of Board; k. Unfinished business; l. New business; m. Adjournment.
39. At any general meeting, a resolution shall be decided by a show of hands unless a poll is demanded by any Owner or registered mortgagee present in person or by proxy. Unless a poll is so demanded, a declaration by the chairman that a resolution has, on a show of hands, been carried shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against the resolution. Except for matters requiring a Special Resolution or Unanimous Resolution, all matters shall be determined by Ordinary Resolution.
40. A poll, if demanded, shall be taken in whatever manner the chairman thinks fit, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. In the case of equality in the votes, whether on a show of hands or on a poll, the chairman of the meeting is entitled to a casting vote in addition to his original vote. A demand for a poll may be withdrawn.
41. On a show of hands, each person entitled to vote for any Unit shall have one vote for that Unit. On a poll, the votes of persons entitled to vote for such Unit shall correspond with the number of Unit Factors for the respective Units owned or mortgaged to them.
42. Votes at any general meeting may be given either personally or by proxy
43. An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney and may be either general or for a particular meeting. A proxy need not be an Owner.
44. Except in cases where, by or under the Act or these By-laws, a Unanimous Resolution or Special Resolution is required, no Owner is entitled to vote at any general meeting unless all assessments payable in respect of his Unit have been duly paid to the date thirty (30) days prior to the date of such meeting. However, the presence of any such defaulting Owner shall be included in the count for quorum constitution purposes pursuant to By-law 35 -Quorum for General Meetings.
45. a. Co-Owners may vote by proxy, but only if the proxy is jointly appointed by them or by one of the Co-Owners appointed by the other or all others, as the case may be. In the absence of such proxy, Co-Owners are not entitled to vote separately on a show of hands except when a Unanimous Resolution is required by the Act, but any one Co-Owner may demand a poll. b. On any poll, each Co-Owner is entitled to such part of the vote applicable to a Unit as is proportionate to his interest in the Unit. The joint proxy (if any) on a poll shall have a vote proportionate to the interests in the Unit of the joint Owners as do not vote personally or by individual proxy.
46. A resolution of the Owners in writing signed by each Owner or his duly appointed proxy shall have the same effect as a resolution passed at a meeting of the Owners duty convened and held.
47. Where Owners are entitled to successive interests in a Unit, the Owner entitled to the first interest (or, if his interest is mortgaged by a registered first mortgage notified to the Corporation, the mortgagee under such mortgage) is alone entitled to vote, whether on a show of hands or a poll.
48. Where an Owner is a trustee, he exercise the voting rights in respect of the Unit to the exclusion of persons beneficially interested in the~ and those persons shall not vote.
49. Not withstanding the provisions of these By-laws with respect to the appointment of a proxy, where the Owner's interest is subject to a registered mortgage, and where the mortgage, these By-laws, or any statute provides that the power of vote conferred on an Owner may or shall be exercised by the mortgagee, and where the mortgagee has given written notice of his mortgage to the Corporation, no instrument or proxy shall be necessary to give the mortgagee the said power to vote. The mortgagee's power to vote shall not be limited or prohibited by the Owner's failure to pay contributions.
50. a. Any infraction, violation of, or default under these By-laws or any rules and regulations established pursuant to these By-laws on the part of an Owner, his servants, agents, licensees, invitees, occupants or tenants that has not been corrected, remedied or cured within ten (10) days of having received written notification from the Corporation to do so may be corrected, remedied or cured by the Corporation. Any costs or expenses incurred or expended by the Corporation, including costs as between a solicitor and his own client on a full indemnity basis, in correcting, remedying or curing such infraction, violation or default shall be charged to such Owner and shall be added to and become part of the assessment of such Owner for the month next following the date when such costs or expenses are expended or incurred (but not necessarily paid) by the Corporation. Such amount shall become due and payable on the date of payment of such monthly assessment and shall bear interest, both before and after judgment, at the Interest Rate until paid. b. In addition, the Corporation may also recover from an Owner, by an action for debt in any court of competent jurisdiction, any sum of money which the Corporation is required to expend as a result of any act or omission by the Owner, his servants, agents, licensees, invitees, occupants or tenants, which violates these By-laws or any rules or regulations established pursuant to these By-laws and for which ten (10) days' prior written notice has been given by the Corporation. There shall be added to any judgment all costs of such action, including costs as between a solicitor and his own client on a full indemnity basis. Nothing herein shall be deemed to limit any right of any Owner to bring an action or proceeding for the enforcement and protection of his rights and the exercise of his remedies. c. In addition, the Corporation may also exercise the powers provided for in sections 35 and 36 of the Act. Accordingly, if the Board determines that a breach or violation of any By-law or of any rules or regulations established pursuant to these By-laws has occurred or is occurring, the Board may impose a penalty by fine as follows: i. For a first breach or infraction of a By-law by an Owner (which, for the purpose of this By-law, includes such Owner's servants, agents, licensees, invitees, customers, contractors, occupants or tenants), the Board may impose a penalty by fine on such Owner of not less than $25.00 and not more than $10,000.00; ii. For a second breach or infraction of a By-law by an Owner (which, for the purpose of this By-law, includes such Owner's servants, agents, licensees, invitees, customers, contractors, occupants or tenants), the Board may impose a penalty by fine on such Owner of not less than $50.00 and not more than $10,000.00; iii. For a third (or more) breach or infraction of a By-law by an Owner (which, for the purpose of this By-law, includes such Owner's servants, agents, licensees, invitees, customers, contractors, occupants or tenants), the Board may impose a penalty by fine on such Owner of not less than $100.00 and not more than $10,000.00; iv. If the breach or infraction of a By-law by an Owner (which, for the purpose of this By-law, includes such Owner's servants, agents, licensees, invitees, customers, contractors, occupants or tenants) is, in the determination of the Board, a continuous infraction or violation of the By-law, the Board may impose a penalty by fine on such Owner of not less than $25.00 per day and not more than $10,000.00 in the aggregate. Each day of a continuing breach shall be deemed a contravention of a By-law. The foregoing penalties shall be payable immediately by an Owner, subject to the Owner's right to appeal as set out below within ten (10) days of receipt of written notice from the Board specifying the violation and the amount of the penalty or fine imposed. d. An Owner aggrieved by a fine levied pursuant to this By-law subparagraph (c) may appeal the actions of the Board to an extraordinary general meeting of the Owners convened in the manner specified by these By-laws. i. The Owners convened in an extraordinary general meeting may rescind, amend or confirm the actions of the Board and, in so doing, may inquire into all the circumstances of the alleged breach, its rectification, any fine levied or leviable, the collection or forgiveness of any fine, and generally act in their discretion to uphold the By-laws; ii. The appeal to the Owners shall be conducted according to the rules of natural justice. No error in procedure shall operate so as to nullify the proceedings unless the error is sufficiently grave so as to prejudice the rights of all or any one of the Owners; iii. An Owner's right to appeal any penalty imposed by the Board pursuant to this By-law subparagraph (c) shall expire sixty (60) days following receipt of the notice specified in this By-law subparagraph (c), or the date that proceedings have been commenced against the Owner pursuant to section 36 of the Act, whichever shall last occur. e. The rights and remedies of the Corporation as set forth in this By-law are supplemental to, and not in substitution for, any other rights or remedies that the Corporation may have under these By-laws, the Act and the Regulations under the Act, at law or at equity, or otherwise. The Corporation may exercise, employ or pursue its rights and remedies under these By-laws, including, without limitation, the rights and remedies under this By-law, either selectively, cumulatively or consecutively. The election by the Corporation to pursue or employ any one right or remedy, or to pursue or employ several rights or remedies together, shall not constitute an election by the Corporation to abandon any of its other rights or remedies, none of which are waived by the Corporation.
51. a. During such time as the Developer, its successors or assigns, is the Owner of one or more Units, it shall have the right to maintain a reasonable number of Units, whether owned or leased by it, as display Units and to carry on all sales, leasing functions and construction management as it considers necessary from such Units. The Developer, its agents, employees and mortgage inspectors shall have the right to enter onto any Unit and access the Common Property in order to complete any incomplete items, repair deficiencies, inspect the Unit and make any modifications or repairs to the utilities. b. At all times while the Developer is constructing, building or improving any portion of the Units, the Developer shall have the unfettered and exclusive right to complete such construction, building or improvements without interference, interruption or obstruction by any Owner or the Corporation. All Owners and the Corporation shall fully cooperate with the Developer to facilitate such construction, building or improvements of such Units.
52. a. In the event of damage or destruction as a result of fire or other casualty, the Board shall determine within sixty (60) days of the occurrence whether there has been substantial damage. For the purpose of this paragraph, substantial damage shall mean damage to the extent of twenty-five (25%) per cent or more of the replacement value of all Units and Common Property immediately prior to the occurrence. Prior to making any determination under this subparagraph, the Board shall obtain the opinion of an independent insurance appraiser to the effect that substantial damage has or has not occurred. If there has been substantial damage, the Board shall convene an extraordinary general meeting and give at least ten (10) days' notice by registered mail to all registered mortgagees. Unless there has been substantial damage and the Owners, by Special Resolution, resolve not to proceed with repair or restoration within one hundred (100) days after the damage or destruction, the Board shall arrange for prompt repair and restoration using proceeds of insurance for that purpose. The Board shall cause the proceeds of all insurance policies to be disbursed to the contractors engaged in such repair and restoration in appropriate progress payments. Any costs of such repairs and restoration in excess of the insurance proceeds shall constitute a Common Expense, and the Board may assess all the Unit Owners for such deficiency as part of the Common Expenses. Where there has been substantial damage and the Owners resolve, by Special Resolution within one hundred (100) days after the damage or destruction, not to repair, the Board shall, on behalf of the Owners, make application to terminate the condominium status of the Parcel in accordance with the provisions of the Act, and each of the Owners shall be deemed to consent to such application. Upon termination of the condominium status: i. Any liens or charges affecting any of the Units shall be deemed to be transferred, in accordance with their existing priorities, to the interests of the respective Owners in the Parcel; and ii. The proceeds of insurance shall be paid to the Insurance Trustee, if any, the Owners and mortgagees, as their respective interests may appear, in proportion to their respective interests in the Parcel and in accordance with the terms of any insurance trust agreement in effect. b. The Corporation is not responsible for any damage or loss whatsoever caused by or to any property or contents of any nature or kind in or upon a Unit or in or upon any part of the Common Property designated for the exclusive use of any Unit Owner. c. No Owner shall be entitled to claim any compensation from the Corporation for any loss or damage to the property or person of the Owner arising from any defect or want of repair of the Common Property or any part thereof, unless such loss or damage is covered by the insurance held or required to be held by the Corporation pursuant to the Act or these By-laws, whichever is the greater. d. Where the Corporation is required to enter a Unit for the purpose of maintaining, repairing or renewing pipes, wires, cables and ducts for the time being existing in the Unit, the Corporation and its servants, employees and agents shall, in carrying out any work or repairs, do so in a proper and workmanlike manner and shall make good any damage to the Unit occasioned by such work and restore the Unit to its former condition, leaving the Unit clean and free from debris. e. An Owner shall indemnify and save harmless the Corporation from the expenses of any maintenance, repair or replacement rendered necessary to the Common Property or to any Unit by his act or omission, or by that of any of his employees, contractors, customers, servants, agents, invitees, licensees or tenants, but only to the extent that such expense is not met by the proceeds of insurance carried by the Corporation.
53. a. The Board, on behalf of the Corporation, shall obtain and maintain, subject always to the Act, in particular section 47 thereof and the Regulations under the Act pertaining to insurance, the following insurance: i. Fire insurance with extended coverage endorsement for all perils as stipulated in the Act and such perils as the Board shall deem advisable, insuring: (1) all of the insurable Common Property; (2) all insurable property of the Corporation, both real and personal, of any nature whatsoever; (3) all of the Units (excluding all improvements and betterments made to the Units by Owners and excluding furnishings and other personal property of each Owner, whether or not installed in the Unit), for the full replacement cost thereof, without deduction for depreciation; (4) the interests of and naming as insureds all Owners from time to time; (5) all mortgagees who have given written notice to the Corporation; (6) the Corporation; and (7) the Board and any person referred to in By-law 18 – Officers of the Corporation hereof; (all of the foregoing parties are hereinafter collectively called the “Insureds”) as their respective interests may appear; ii. Boiler and vessel insurance, if any boilers or vessels exist; iii. Commercial general liability insurance insuring the Insureds against any liability to the public and/or to the Owners and their invitees, licensees or tenants, incidental to the ownership and/or use of the Common Property and Units, and such insurance shall be limited to liability in an amount not less than $2,000,000.00 inclusive for bodily injury and/or property damage per occurrence; iv. Liability insurance, including errors and omissions coverage, in such amounts and with such deductible as the Board may determine, insuring the Board and every member thereof from time to time from and against all loss, costs and expenses, including counsel fees, reasonably incurred by them in connection with any action, suit or proceeding to which they may be made a party by reason of being or having been a member or officer of the Corporation, except as to matters as to which they shall be finally adjudged in such action, suit or proceeding to be liable for fines or penalties imposed in a criminal suit or action, or for unjustified profit or advantage, or for any wrongful act done or attempted in bad faith or dishonesty; v. Such other insurance and coverage for such other risks or causes as the Board may determine or as may be determined by Special Resolution; b. Each and every said policy of insurance shall name the Insureds and shall, as available and where applicable, provide that the policy may not be cancelled or substantially modified without at least sixty (60) days’ prior written notice to all Insureds. c. A certificate or memorandum of all insurance policies and endorsements thereto shall be issued by the Board, or by the Manager on its behalf, as soon as practicable to each of the Insureds immediately upon written request therefor, and a duplicate original or certified copy of each such policy shall be forwarded as aforesaid to each mortgagee who has, in writing, notified the Board of its interest. Further, a renewal certificate or memorandum or new insurance policies shall be furnished to each Insured. The master policy of all insurance coverage shall be retained by the Corporation in its offices and shall be available for inspection by any and all of the Insureds upon reasonable request. d. Notwithstanding anything aforesaid, all proceeds of insurance on loss or claim shall be paid to the Insurance Trustee (if any), and exclusive authority to adjust losses and settle proceeds under all insurance policies shall be vested in the Board or its authorized representative, and the Insurance Trustee (if any) and any expenses of the Insurance Trustee shall be treated as Common Expenses of the Corporation. e. The Owners may, and upon written request of any mortgagee shall, carry insurance on their own as permitted by the Act, PROVIDED THAT the liability of the insurers issuing insurance obtained by the Board hereunder shall not be affected or diminished by reason of insurance so carried by any Unit Owner, AND PROVIDED FURTHER that neither the Corporation nor the Board shall be required or have any duty to insure the interests of tenants against liability or the interests of tenants or Owners for their improvements and betterments, trade fixtures, furnishings, personal property or any other property. The insuring of any of the foregoing within a Unit is the sole responsibility of the Owner, tenant or occupier of the Unit, and they shall not require the Corporation or the Board to repair any damage to any of the same, however caused. f. In the event an Owner incurs or suffers damage or loss to his Unit that is covered or insured under any insurance policy of the Corporation and such Owner elects to pursue recovery of such loss or damage under any insurance policy of the Corporation, such Owner shall be responsible for and pay the full amount of any deductible on such claim if, in the sole opinion of the Board, such damage or loss was caused by or arose out of any act or omission by such Owner, his employees, contractors, customers, servants, agents, licensees, invitees or tenants, and such amount shall be recoverable by the Corporation as a contribution against all other costs, charges and liabilities arising out of any loss that may be sustained or incurred by the Corporation.
54. a. The Common Expenses of the Corporation shall be paid by the Unit Owners in proportion to the Unit Factors for their respective Units and, without limiting the generality hereof, shall include the following: i. All levies or charges on account of garbage removal, electricity, water, sewer, gas and fuel services, and television antenna or cable services (if any) supplied to the Corporation for the Project and for the benefit of all Owners and not charged directly to any one Owner either by meter or otherwise; ii. Management fees and Insurance Trustee fees, if any, wages, salaries, taxes and other expenses payable to or on account of employees or independent contractors of the Corporation; iii. All charges on account of cleaning or sweeping of parking areas, lawn maintenance and landscaping, and for ice, snow and debris removal from Common Property not designated as exclusive-use areas; iv. All charges on account of lighting fixtures situated on any Unit owned by the Corporation or on Common Property, except the balcony or patio light fixture on every Unit; v. All charges on account of maintenance for any Unit owned by the Corporation, or of those portions of a Unit or Common Property for which the Corporation is responsible under these By-laws; vi. All costs of furnishings, tools and equipment for use in and about the Project facilities or amenities, including the repair, maintenance or replacement thereof; vii. All insurance costs in respect of the insurance for which the Corporation is responsible under these By-laws and/or the Act; viii. All costs of and charges for all manner of consultation, professional and servicing assistance required by the Corporation, including, without limiting the generality of the foregoing, all legal, accounting, auditing and engineering (including capital replacement reserve fund studies as required under the Act and its Regulations) fees and disbursements; ix. All reserves for repairs and replacement of Common Property and portions of Units or Residences, the repair or replacement of which is the responsibility of the Corporation; x. Maintenance of the exterior walls, roofs and other structural costs of the Residences in the Project; xi. The cost of borrowing money for the purpose of carrying out the duties and objects of the Corporation; xii. The allocable or pro rata portion of the cost of any electricity taken from any exterior plug which is billed directly to an Owner by the provider of such electricity and which is used by the Corporation for purposes of operating or maintaining Common Property; xiii. The cost of maintaining fidelity bonds as provided in these By-laws. b. At least fifteen (15) days prior to the end of each fiscal year, the Corporation shall deliver or mail to each Owner at the municipal address of his Unit: i. A copy of the budget for the ensuing fiscal year; and ii. A notice of the assessment for his contribution towards the Common Expenses for said ensuing fiscal year. Said assessment shall be made to the Owners in proportion to their Unit Factors. c. The budget shall set out by categories an estimate of the Common Expenses of the Corporation for the next fiscal year. d. In establishing a budget, the Board shall comply with the requirements set forth in the Act and its Regulations respecting the capital replacement reserve fund. The capital replacement reserve fund may be used for the repair or replacement of any real and personal property owned by the Corporation and the Common Property, but is not intended to be used to cover annually recurring maintenance and repair costs which are to be set out and provided for in the annual budget. e. The Common Expenses set forth in each contribution shall be payable to the Corporation, or to any other person, firm or Corporation to whom the Corporation shall direct payment to be made from time to time, in twelve (12) equal consecutive monthly instalments payable in advance on the first day of each month, the first instalment to be made on the first day of the month immediately following receipt of such notice of assessment, or such other time as may be prescribed by the Corporation. f. All payments of whatsoever nature required to be made by each Owner and not paid within ten (10) days from the due date for payment shall bear interest at the Interest Rate from the date when due until paid. All payments on account shall first be applied to interest and then to the assessment payment first due. g. The Corporation shall, on the application of an Owner or any person authorized in writing by him, certify within twenty (20) days: i. The amount of any contribution determined as the contribution of the Owner; ii. The manner in which the contribution is payable; iii. The extent to which the contribution has been paid by the Owner; and iv. The interest owing, if any, on any unpaid balance of a contribution; and, in favour of any person dealing with that Owner, the certificate is conclusive proof of the matters certified therein. h. Upon the written request of an Owner, purchaser or mortgagee of a Unit, the Corporation shall, within twenty (20) days of receiving that request, provide to the person making the request one or more of the following as requested by that person: i. A statement setting forth the amount of any contributions due and payable in respect of a Unit; ii. The particulars of: (1) Any action commenced against the Corporation and served upon the Corporation; (2) Any unsatisfied judgment or order for which the Corporation is liable; and (3) Any written demand made upon the Corporation for an amount in excess of $5,000.00 that, if not met, may result in an action being brought against the Corporation; iii. The particulars of or a copy of any subsisting management agreement; iv. A copy of the current budget of the Corporation; v. A copy of the most recent financial statement of the Corporation; vi. A copy of the By-laws of the Corporation; vii. A copy of any minutes of proceedings of a general meeting of the Corporation or of the Board; viii. The particulars of or a copy of any subsisting lease of any of the Common Property; ix. Any other information that the Corporation is obligated to provide under Section 44 of the Act. i. Notwithstanding anything to the contrary hereinbefore contained, during the initial stages of development and before ninety (90%) percent 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: i. The Developer may cause to be prepared an interim statement of anticipated Common Expenses, which may be revised and sent to the Owners every three (3) months; ii. The Owner or occupier of a Unit shall pay to the Corporation on the first day of each month, commencing on the first day of the month following receipt by the Owner or occupier of Notice of Estimated Monthly Assessment, the amount of the estimated monthly assessment towards Common Expenses for which his Unit is responsible, based on the Unit Factor for his Unit. j. The omission by the Board to fix the contributions hereunder for the next ensuing fiscal year or other period provided for herein shall not be deemed a waiver or modification in any respect of the provisions of these By-laws or release of the Owner or Owners from their obligation to pay the contributions or special assessments, or any instalments thereof for any year or period, but the contributions fixed from time to time shall continue until new contributions are fixed. No Owner can exempt himself from liability for his contributions toward the Common Expenses by waiver of the use or enjoyment of any of the Common Property or by vacating or abandoning his Unit. k. The Board or the Manager supplying any documents required to be provided in these By-laws or under the Act shall be entitled to charge a reasonable fee for the production thereof. Notwithstanding the foregoing, the Corporation shall not charge the Developer for any of the foregoing documents required by the Developer to complete a sale of a Unit to a purchaser of any Unit owned by the Developer.
55. Notwithstanding anything to the contrary contained in these By-laws, the Developer shall be relieved and shall not be liable for any condominium fees or assessments whatsoever as resolved or assessed by the Corporation in respect of the Project, and no condominium fees, charges, levies, assessments or costs shall be charged by the Corporation to the Developer or paid by the Developer by reason of the Developer being an Owner of any Units. Nothing herein shall prohibit or prevent any condominium fees, charges, levies, assessments or costs being charged or levied against any Unit once the same has been transferred by the Developer to a purchaser of the same; PROVIDED ALWAYS that the Developer is not responsible for payment of the same, nor shall the purchaser of such Unit be responsible for such fees, charges, levies, assessments or costs that may have been chargeable against the Unit being purchased during the time that the Developer was the Owner of the same.
56. If at any time it appears that the annual contributions towards the Common Expenses will be insufficient to meet the Common Expenses, the Corporation may assess and collect a special contribution or assessment against each Unit in an amount sufficient to cover the additional anticipated Common Expenses. The Corporation shall give notice of such further assessment to all Owners, which shall include a written statement setting out the reasons for the assessment, and each assessment shall be due and payable by each Owner in the manner and on the date or dates specified in the notice. Each such special assessment shall be determined and assessed against the Owners in proportion to their Unit Factors. All such special assessments shall be payable within ten (10) days of the due date for payment as specified in the notice and, if not paid, shall bear interest at the Interest Rate from the due date until paid.
57. a. The Corporation has and does hereby have a lien on and a charge against the estate or interest of any Owner for any unpaid contribution, assessment, instalment or payment due to the Corporation, which lien shall be a lien against such estate or interest subject only to the rights of any registered mortgagee and any municipal or local authority in respect of unpaid realty taxes, assessments or charges of any kind against the Unit title or interest of such Owner. The Corporation shall have the right to file a caveat or encumbrance against the Unit title or interest of such Owner in respect of the lien or charge for the amount of such unpaid contribution, assessment, instalment or payment as hereinbefore mentioned, and for so long as such unpaid contribution, assessment, instalment or payment remains unpaid, PROVIDED THAT each such caveat or encumbrance shall not be registered until after the expiration of thirty (30) days following the due date for the first payment. As further and better security, each Owner responsible for any such contribution, assessment, instalment or payment which is in arrears for more than thirty (30) days shall give to the Corporation a mortgage or encumbrance for the full amount thereof and all contributions, assessments, instalments and/or payments, and interest thereon at the Interest Rate from the due date or dates for payment of the same, and the Corporation shall be entitled to enforce its lien, charge and security and pursue such remedies as may be available to it at law or in equity from time to time, including the recovery by the Corporation of its legal fees and disbursements on a solicitor and his own client full indemnity basis from such defaulting Owner; b. Any other Owner or person, firm or Corporation whatsoever may pay any unpaid contribution, assessment, instalment or payment after the expiration of thirty (30) days following the due date for payment by the Owner in default, with respect to a Unit, and upon such payment, such party, person, firm or Corporation shall have a lien, subject to the estates or interests hereinbefore mentioned, and shall be entitled to file a caveat or encumbrance in respect of the amount so paid on behalf of the Owner in default, and shall be entitled to enforce his lien thereby created in accordance with the other terms and conditions of this provision; c. Notwithstanding and in addition to any other term, condition or provision herein contained or implied, each unpaid contribution, assessment, instalment or payment shall be deemed a separate, distinct and personal debt and obligation of the Owner against whom the same is assessed and collectible as such. Any action, suit or proceeding to recover such debt or to realize on any judgment therefor shall be maintainable as a separate action, suit or proceeding without foreclosing or waiving the lien, charge or security securing the same; d. In the event of any assessment against or instalment or payment due from an Owner remaining due and unpaid for a period of ninety (90) days, the Board shall give notice of such default to all mortgagees having an interest in such Owner's Unit who have notified their interests to the Corporation; e. In the event of any assessment against or instalment or payment due from an Owner remaining due and unpaid for a period of thirty (30) days, the Board, at its election, may accelerate the remaining monthly contributions, assessments, instalments and payments for the fiscal year then current upon notice to the Owner in arrears, and thereupon all such unpaid and accelerated monthly contributions, assessments, instalments and payments shall become payable on and as of the date of the said notice; f. All reasonable costs of the Manager and legal costs and disbursements incurred by the Corporation (including costs on a solicitor and his own client full indemnity basis) in registering and discharging a Caveat which either the Manager or the Corporation expends as a result of any act or omission of an Owner, his servants, agents, licensees, invitees or tenants which violates these By-laws or any rules or regulations established pursuant thereto, or incurred or in any way for securing or enforcing its interests hereunder or the taking of any remedies to cure any default hereunder, shall constitute a payment due the Corporation.
58. Where a mortgagee has notified the Corporation of its interest, any notice of default sent to an Owner shall also be sent to the mortgagee.
59. Any certificate as to an Owner's position with regard to contributions, expense assessments or otherwise, issued by an officer of the Corporation or the Manager, shall be deemed to be an estoppel certificate, and the Corporation and all of the Owners shall be estopped from denying the accuracy of such certificate against any mortgagee, purchaser or other person dealing with the Unit Owner. This shall not prevent the enforcement against the Unit Owner incurring the said expense of all obligations of the said Unit Owner, whether improperly stated in such estoppel certificate or not.
60. a. In the event that any Owner desires to lease or rent his Unit, he shall furnish to the Corporation an undertaking, in form satisfactory to the Corporation, signed by the proposed lessee or occupant, that the proposed lessee or occupant of the Unit will comply with the provisions of the Act and of the By-laws of the Corporation. The Owner shall not be released of any of his obligations and shall be jointly and severally liable with the proposed lessee or occupant with respect to such obligations; b. The Corporation is authorized to: i. impose and collect deposits under Section 53 of the Act. If any deposit is used in accordance with the Act or these By-laws, the Owner shall replace that portion of the deposit used within ten (10) days of being notified, in writing, by the Board of its use; ii. give notices to give up possession of Units under Section 54 of the Act; and iii. make applications to the Court under Sections 55 and 56 of the Act; c. No tenant shall be liable for the payment of contributions or assessments or Common Expenses under these By-laws unless notified by the Corporation that the Owner from whom he rents the Unit is in default of payment of contributions, in which case the tenant shall deduct from the rent payable to the Owner such default contributions and shall pay the same to the Corporation. Any such payment by the tenant shall be deemed to be a rental payment made to the Owner; d. An Owner shall not lease or rent his garage independently or separately from the rest of the Owner's Unit, and any leasing or rental arrangement shall be for the entire Unit, inclusive of the garage, unless the Owner obtains the written approval and consent of the Corporation. Furthermore, all rules and regulations relating to the leasing of Units as set out in the within By-laws shall apply to the rental of a garage.
61. Subject to the provisions of the Act, upon termination of the condominium status for any purpose, all debts of the Corporation shall first be paid out of the assets, and the balance of the assets, if any, shall be distributed to the Owners in proportion to their Unit Factors, subject to the interests of any mortgagees
62. The realty taxes and other municipal and governmental levies or assessments against land, including improvements, comprising all or any part of the Units and the Common Property comprising the Project shall be assessed and imposed in accordance with the provisions of the Act, but until such time as the assessing authority assesses each Unit and the share in the Common Property appurtenant thereto pursuant to the Act, such realty taxes and other municipal and governmental levies or assessments shall be apportioned and adjusted amongst all the Owners according to their respective Unit Factors.
63. The Corporation shall indemnify every member of the Board, Manager, officer or employee, and his or her heirs, executors and administrators, against all loss, costs and expense, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a Board member, Manager or officer of the Corporation, except as to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for fines or penalties imposed in a criminal suit or action or for unjustified profit or advantage or for any illegal act done or attempted in bad faith or dishonesty. All liability, loss, damage, costs and expenses incurred or suffered by the Corporation by reason of or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Corporation as Common Expenses. The Corporation may, by Ordinary Resolution, require that all members of the Board be bonded by a recognized bonding institution in an amount not less than Ten Thousand ($10,000.00) Dollars, the cost of such bonding to constitute a Common Expense of the Corporation. The foregoing provision shall not relieve the Corporation from obtaining insurance for any liability incurred by a member of the Board or an officer of the Corporation as required under Section 47(1) of the Act, and the Corporation shall not be obligated to indemnify any member of the Board, Manager, officer or employee, or his heirs, executors and administrators against the liabilities referenced herein above in the event that the insurance placed and maintained by the Corporation under Section 47(7) of the Act fully indemnifies and reimburses such member of the Board, Manager, officer or employee for any such liability suffered or incurred or any portion thereof.
64. The Corporation is not organized for profit. No Owner, member of the Board or person from whom the Corporation may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operations thereof. The foregoing, however, shall neither prevent nor restrict the following: a. Reasonable compensation may be paid to any member of the Board or Owner while acting as an agent or employee of the Corporation for services rendered in effecting one or more of the purposes of the Corporation; b. Any member of the Board or Owner may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Corporation; and c. Members of the Board may receive an annual honorarium, stipend or salary established pursuant to By-law 10(k) – Powers of the Corporation.
65. The Corporation is not organized for profit. No Owner, member of the Board, or person from whom the Corporation may receive any property or funds shall receive, or shall be lawfully entitled to receive, any pecuniary profit from the operations thereof. The foregoing, however, shall neither prevent nor restrict the following: a. Reasonable compensation may be paid to any member of the Board or Owner while acting as an agent or employee of the Corporation for services rendered in effecting one or more of the purposes of the Corporation; b. Any member of the Board or Owner may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Corporation; and c. Members of the Board may receive an annual honorarium, stipend, or salary established pursuant to By-law 10(k) – Powers of the Corporation.
66. a. A Residence shall only be occupied as a One Family Residence by the Owner of the Unit. b. A Residence shall not be occupied by a person who has not attained his or her 40th birthday. c. The garage shall only be used for parking motor vehicles or storage of personal belongings. d. Notwithstanding this By-law, a Residence may be occupied by a person who has not attained his or her 40th birthday if that person lives with his or her spouse who has attained his or her 40th birthday, or if that person has been predeceased by a spouse who had attained his or her 40th birthday, provided that, in either case, the spouse was an occupant of a Residence. "Spouse" also means a person who holds the position usually enjoyed by a spouse, whether or not there is a legal marriage, and includes an adult interdependent partner as defined in the Adult Interdependent Relations Act. e. For the purpose of this By-law, "occupation" means a regular and ordinary presence in a Residence, whether or not that person is frequently absent by reason of employment, business, ill health, or absence due to periodic residences at other locations. A person shall be deemed to be an occupant if his or her presence at the Unit exceeds thirty (30) consecutive days or an accumulated total of sixty (60) days within a three hundred and sixty-five (365) day period. f. The number of persons occupying a Unit or Residence shall not exceed the lesser of four (4) persons and the number permitted by any municipal or provincial law or authorities. g. A Unit or Residence shall not be occupied by a guest for a period exceeding thirty (30) consecutive days or an accumulated total of sixty (60) days within a three hundred and sixty-five (365) day period, except as authorized by the Board in writing, which approval may be arbitrarily withheld. h. The Owner shall not permit more than six (6) guests in the Residence, except as authorized by the Board in writing, which approval may be arbitrarily withheld. i. The Owner shall not permit guests' visits to extend for more than seven (7) consecutive nights where this would have the effect of raising the number of occupants and guests in the Residence to more than six (6), except as authorized by the Board in writing, which approval may be arbitrarily withheld.
67. a. No animal, bird or reptile (all of the foregoing hereinafter referred to as a "pet") of any kind shall be kept in any Residence or on the Unit unless approved by the Board, and the Board may, if such approval has been given, withdraw such approval on fifteen (15) days' notice in the event of a breach of the Act or the By-laws by the Owner or his or her pet. b. Notwithstanding this By-law, an Owner may keep a dog or cat in the Residence or on the Unit so long as that dog or cat does not exceed fifteen (15) kilograms in weight. Dogs or cats exceeding fifteen (15) kilograms in weight may only be kept in the Residence or on the Unit with the prior written approval of the Board, and the Board may, if such approval has been given, withdraw such approval on fifteen (15) days' notice in the event of a breach of the Act or the By-laws by the Owner or his or her dog or cat. c. Notwithstanding the generality of the foregoing, if the Board, in its sole discretion, deems any pet (including a dog or cat) whatsoever to be causing an unreasonable disturbance to occupiers of other Residences or Units, or to be a hazard to or harmful or dangerous to any Common Property or to other Owners or occupiers of other Residences or Units, then the Owner of the Residence or Unit, or the occupier of the Residence or Unit in which such pet is kept, shall forthwith, on notice from the Board, remove or cause to be removed such pet from his or her Residence or Unit, and such pet shall thereafter not be kept in that Residence or Unit at any time. d. Any municipal By-laws in effect in the City of Lethbridge, Alberta shall have effect within the Common Property and any Unit registered in the name of the Corporation. Municipal enforcement officers are hereby authorized to enforce the Municipal By-laws in the Common Property or any Unit registered in the name of the Corporation. e. Any and all permitted pets which may bear a leash will be required to bear one when on the Common Property or on any Unit registered in the name of the Corporation. No pet shall be kept on or allowed to run at large over any part of the Common Property or any Unit registered in the name of the Corporation or on any Unit unless within an enclosed area on that Unit. No Owner shall feed pigeons, gulls or other birds from the windows or patios of his or her Residence or Unit, or anywhere in close proximity to his or her Residence or Unit or the Common Property, without the written approval of the Board.
68. a. An Owner shall not lease or grant possession of his or her Unit or Residence to any tenant or occupier: i. until the Owner has requested and received prior written consent from the Board; ii. until the Owner complies with the deposit requirements (if any) of the Corporation, and provides the Corporation with an address for service of any notice that may be served upon him or her pursuant to the Act or the By-laws, as well as the name of the tenant or occupier; iii. unless the tenant or occupier undertakes in writing to be bound by and comply with the By-laws of the Corporation; and iv. until the Owner gives notice in writing to the Corporation of the tenancy or other occupancy, accompanied by the written undertaking of the tenant or occupier to be bound by the By-laws of the Corporation. b. No tenant or occupier shall move into or occupy a Unit or Residence unless these By-laws have been complied with. Nothing in these By-laws shall in any way remove, waive or alter the responsibility of each Owner for the performance of all By-laws by all persons using or occupying his or her Unit or Residence. c. Each tenant or occupier of a Unit or Residence, upon receiving notice from the Corporation that the Owner of the Unit or Residence is in default of a payment, contribution or assessment levied by the Corporation, or an instalment or instalments thereof, shall deduct from the rent payable to the Owner the amount, contribution or assessment levied, or the instalment or instalments in arrears, and any interest owing thereon. The tenant or occupier shall pay the same to the Corporation, and the amount so paid to the Corporation shall be deemed to constitute rent paid to the Owner by the tenant or occupier, as the case may be.
69. a. Each Owner shall keep his or her driveway and all landings and steps adjacent to his or her Residence free and clear of all obstruction and refuse of any kind. The Corporation shall be responsible for snow and ice removal from the sidewalks and driveways located on the Units and for the removal of snow, ice and refuse from the roadways, gateways, parking areas and all other sidewalks located on the Parcel. The Corporation shall maintain grass, trees, shrubs and other landscaping supplied by the Developer, sprinkler systems, driveways, sidewalks and all other walks on behalf of the Owners, and the Corporation shall maintain roadways, parking areas, gateways and common lighting. The Corporation's cost for doing the above maintenance shall be included in the Common Expenses. b. The Corporation and its servants shall have and enjoy free and unrestricted right at any and all times and from time to time to enter upon, pass and repass over, and occupy any and all such parts of the Parcel for the purpose of carrying out any of the duties or functions of the Corporation. c. Except as otherwise provided in these By-laws, each Owner shall be responsible for the repair and maintenance of his or her Unit and the interior of his or her Residence. Should any Owner fail to maintain and/or repair, in a manner satisfactory to the Board or its representative, those items for which he or she is responsible after ten (10) days' written notice to do so given by the Board or its representative, then the Board or its representative may do or cause to be done the maintenance and/or repair, and the Owner affected is obliged to and shall reimburse the Corporation for all monies expended for labour, materials, normal overhead and all costs, including indemnification of the Corporation's solicitor and his or her own client full indemnity costs, incurred in respect of such maintenance and/or repairs. The Board or its representative may use all or any of the remedies open to it or as hereinafter set out to recover such monies for the Corporation, and such monies shall be a charge upon his or her Unit. d. Notwithstanding anything to the contrary herein expressed or implied, each Owner shall be responsible for damage caused to any of the Common Property or any Unit by any willful or negligent acts of himself or herself, his or her pets, members of his or her family, tenants, invitees, contractors or licensees. Should any Owner fail to repair in a manner satisfactory to the Board or its representative, then the Board or its representative may do or cause to be done such repair, and the Owner affected agrees to and shall reimburse the Corporation for all monies expended for labour, materials, normal overhead and all costs (including indemnification of the Corporation's solicitor and his or her own client full indemnity costs) incurred in respect of the doing of such repairs or in connection with the same. The Board or its representative may use all or any of the remedies open to it as hereinafter set out to recover such monies for the Corporation, and such monies shall be a charge upon his or her Unit to the same extent as they would be if they were unpaid Common Expenses charges assessed upon his or her Unit.
70. By-laws 65 – Use and Occupancy Restrictions and 66 – One Family Unit shall not apply to the Developer. In addition, other provisions of the By-laws shall not apply to the Developer if the application of same will, in the opinion of the Developer, hinder, interfere, obstruct or impede the construction or development of the Project or the marketing and sale of the Units. Where the Developer seeks the enforcement or benefit of any provision of the By-laws, such right or benefit may be enforced by and through the Corporation as trustee on its behalf, notwithstanding that the Corporation may also be a party to those proceedings in which the Corporation seeks enforcement of such rights.
71. each Unit may have at least one common wall with a Residence constructed on an adjoining Unit and that the common wall is located as nearly as practicable upon the lot line between the two adjoining Units. Each Owner agrees with each other Owner as follows: a. The common wall constructed or to be constructed on or about the lot line between the adjoining Units has been or will be constructed as a party wall to be used for the joint purposes of the adjoining Residences so erected by the Owners and shall be used and maintained as a party wall in such manner as to ensure to each Owner, in respect of their adjoining Residence, the enjoyment of a right to support and use, all to the intent that no portion or part of the wall erected shall, for any purpose whatsoever, be construed or deemed to be an encroachment on any adjoining Unit and shall continue as a party wall perpetually. To the extent that any portion or part of the party wall shall encroach upon any Unit, the Owner of such Unit grants and conveys to each adjoining Owner an easement for the purposes of such encroachment. b. Each Owner grants and conveys to each adjoining Owner an easement in support of the party wall and any vertical or linear extensions thereof in respect to the width of the party wall constructed upon the Owner's Unit, to the extent such easement shall be annexed to and run with such Unit in accordance with the provisions herein set forth. c. If the party wall at any time following construction requires any repair or maintenance (either external or internal), then, to ensure any Owner the right to the convenient enjoyment of his or her right to support and use, and if the Corporation is not responsible for such repair, either of the adjoining Owners shall be at liberty to cause the party wall to be repaired or maintained, and each of the adjoining Owners shall be responsible for and shall forthwith pay for one-half (½) of the cost of such repairs or maintenance; provided that, notwithstanding the foregoing, in the event such repair or maintenance (either external or internal) is required or necessitated due to damage to such party wall caused by the wilful or wanton act or acts of any Owner or invitee or licensee thereof, it is agreed by each Owner that the cost of such repairs and maintenance shall be solely borne by the Owner, or any invitee or licensee thereof, whose wilful or wanton act or acts required or necessitated the repair or maintenance. d. Each Owner shall afford the Corporation and any adjoining Owner, and the Corporation's or the Owner's agent or workmen, all such reasonable access as may be necessary to enable the party wall to be speedily and effectively repaired and maintained, as the case may be; provided that in connection with such access, reasonable notice shall be given and as little damage as possible will be occasioned to the property of the other Owner, and that in the event of any damage being occasioned to the property of the Owner, such damage will be repaired to the satisfaction of the other Owner at no cost to the other Owner.each Unit may have at least one common wall with a Residence constructed on an adjoining Unit and that the common wall is located as nearly as practicable upon the lot line between the two adjoining Units. Each Owner agrees with each other Owner as follows: a. The common wall constructed or to be constructed on or about the lot line between the adjoining Units has been or will be constructed as a party wall to be used for the joint purposes of the adjoining Residences so erected by the Owners and shall be used and maintained as a party wall in such manner as to ensure to each Owner, in respect of their adjoining Residence, the enjoyment of a right to support and use, all to the intent that no portion or part of the wall erected shall, for any purpose whatsoever, be construed or deemed to be an encroachment on any adjoining Unit and shall continue as a party wall perpetually. To the extent that any portion or part of the party wall shall encroach upon any Unit, the Owner of such Unit grants and conveys to each adjoining Owner an easement for the purposes of such encroachment. b. Each Owner grants and conveys to each adjoining Owner an easement in support of the party wall and any vertical or linear extensions thereof in respect to the width of the party wall constructed upon the Owner's Unit, to the extent such easement shall be annexed to and run with such Unit in accordance with the provisions herein set forth. c. If the party wall at any time following construction requires any repair or maintenance (either external or internal), then, to ensure any Owner the right to the convenient enjoyment of his or her right to support and use, and if the Corporation is not responsible for such repair, either of the adjoining Owners shall be at liberty to cause the party wall to be repaired or maintained, and each of the adjoining Owners shall be responsible for and shall forthwith pay for one-half (½) of the cost of such repairs or maintenance; provided that, notwithstanding the foregoing, in the event such repair or maintenance (either external or internal) is required or necessitated due to damage to such party wall caused by the wilful or wanton act or acts of any Owner or invitee or licensee thereof, it is agreed by each Owner that the cost of such repairs and maintenance shall be solely borne by the Owner, or any invitee or licensee thereof, whose wilful or wanton act or acts required or necessitated the repair or maintenance. d. Each Owner shall afford the Corporation and any adjoining Owner, and the Corporation's or the Owner's agent or workmen, all such reasonable access as may be necessary to enable the party wall to be speedily and effectively repaired and maintained, as the case may be; provided that in connection with such access, reasonable notice shall be given and as little damage as possible will be occasioned to the property of the other Owner, and that in the event of any damage being occasioned to the property of the Owner, such damage will be repaired to the satisfaction of the other Owner at no cost to the other Owner.
72. Following registration of the Condominium Plan there shall be implied in respect of each Unit shown on said plans: a. In favour of the Owner of the Unit, and as appurtenant to the Unit, an easement for subjacent and lateral support of the premises and Unit by the Common Property and by every other premises or Unit capable of affording support; b. In favour of the Owner of the Unit, and as appurtenant to the Unit, an easement for the shelter of the premises and Unit by every other premises or Unit capable of affording shelter; c. In favour of the Owner of the Unit, and as appurtenant to the Unit, easements for access and for the passage or provision of water, sewerage, gas, electricity, garbage, artificially heated or cooled air and other services, including telephone, radio, cable and television services, through or by means of any pipes, wires, cables or ducts for the time being in the Parcel, to the extent to which such pipes, wires, cables or ducts are capable of being used in connection with enjoyment of the premises or any Unit; d. Against the Owner of the Unit, an easement to which the Unit is subject, for the subjacent and lateral support of the Common Property and of every other premises or Unit capable of enjoying support; e. As against the Owner of the Unit, an easement to which the Unit is subject to provide shelter to every other premises or Unit capable of enjoying those easements. When an easement is implied by this By-law, the Owner of any utility service who is providing his or her service to the Parcel, or to any Unit on it, is entitled to the benefit of any of those easements that are appropriate to the proper provision of that service, but not to the exclusion of the Owner of any other utility service. The provisions set forth in this By-law are in addition to and not in substitution for the provisions of sections 22 through 24 inclusive of the Act.
73. These By-laws, or any of them, may be added to, amended or repealed by Special Resolution of the Corporation and not otherwise. The Corporation shall cause to be prepared and distributed to each Owner and mortgagee who has notified its interest to the Corporation, a notice or memorandum of any proposed amendments, additions or repeal thirty (30) days prior to the date of any such Special Resolution and thereafter provide each such mortgagee with a copy of any registered amendment, addition or repeal. Notwithstanding the foregoing, By-law 55 — Developer's Obligation for Contribution for Common Expenses and Budgets shall not be added to, amended or repealed by Special Resolution but shall require a Unanimous Resolution of the Corporation
74. Should the Act or Regulations be amended and changed in the future, then these By-laws shall be deemed to have been amended accordingly to adopt any and all such changes to the Act which are required to be adopted to enable the Corporation to operate at all times with the full powers of the Act and to use all remedies available to it under the Act.
75. The provisions are independent and severable. If any By-law, or any part of a By-law, is found to be invalid, the remaining By-laws remain valid and continue in full force and effect as though the invalid portion had never been included.
76. Unless otherwise expressly provided in these By-laws, service of any notice required to be given under the Act or under these By-laws shall be well and sufficiently given if sent by prepaid registered mail to the Owner at the address of his Unit or other known address, or if left with him or some adult person at the said address, or to the Corporation at its address for service shown on the Condominium Plan, or to a mortgagee at its address supplied to the Corporation. Any notice given by post shall be deemed to have been sent and received forty-eight (48) hours after it is posted. An Owner or a mortgagee may at any time, in writing, advise the Corporation of any change of address at which notices shall be served or given, and thereafter the address specified therein shall be deemed to be the address of such Owner or mortgagee, as the case may be, for the giving of notices. The word “notice” shall include any request, statement, or other writing required or permitted to be given hereunder or pursuant to the Act or these By-laws.