REGAL PARK
BY-LAWS OF THE OWNERS: CONDOMINIUM PLAN NO. 991 2318
SUMMARY OF CONTENTS
THE BY-LAWS REGISTERED AS INSTRUMENT NO.
991 267 379 AT THE SOUTH
ALBERTA LAND REGISTRATION DISTRICT ON SEPTEMBER 14, 1999 ARE
HEREBY REPEALED AND THE BY-LAWS HEREBY ATTACHED ARE PASSED IN
FULL SUBSTITUTION AND REPLACEMENT THEREOF
Number
1. DEFINITIONS AND INTERPRETATION
6. THE CORPORATION AND THE BOARD
9. ELIGIBILITY FOR ELECTION TO BOARD
12. QUORUM FOR BOARD
13. OFFICERS OF THE CORPORATION
14. CHAIRMAN OF BOARD MEETINGS
16. VOTES OF BOARD
18. ADDITIONAL DUTIES OF THE BOARD
19. DEFECTS IN APPOINTMENT TO BOARD
20. VACATING OFFICE OF BOARD MEMBER
22. CORPORATE SEAL
24. EXTRAORDINARY GENERAL MEETINGS
25. CONVENING EXTRAORDINARY GENERAL MEETTNGS
26. NOTICE OF GENERAL MEETINGS
27. PROCEEDINGS AT GENERAL MEETINGS
28. QUORUM FOR GENERAL MEETINGS
29. ADJOURNMENT FOR LACK OF QUORUM
30. CHAIRMAN FOR GENERAL MEETINGS
31. ORDER OF BUSINESS FOR GENERAL MEETINGS
33. POLL VOTES
35. VOTES PERSONALLY OR BY PROXY
36. PROXIES
41. TRUSTEE VOTE
42. VOTING RIGHTS OF MORTGAGEE
46. INSURANCE
47. CONTRIBUTIONS FOR COMMON EXPENSES AND BUDGETS
49. DEFAULT IN PAYMENT OF ASSESSMENTS
51. LEASING OF UNITS
52. SEVERABILITY
53. NOTICES
54. NOTICE OF DEFAULT TO MORTGAGEES
55. DEBT RETIREMENT ON TERMINATION
56. COMPANY WHICH IS MEMBER OF BOARD
57. ALTERNATE BOARD REPRESENTATIVE
58. PRIVACY AREAS AND PARKING AREAS
59. REALTY TAXES
60. INDEMNIFICATION OF OFFICERS AND MANAGERS
62. USE AND OCCUPANCY RESTRICTIONS
65. GRANT OF EASEMENT OVER COMMON PROPERTY UNIT.
67. MUTUAL EASEMENTS
68. RESTRICTED AREAS
70. USE LIMITATIONS
71. EASEMENT RIGHTS
72. ROADWAY EASEMENT
NOTE: These By-Laws have been passed by The Owners: Condominium Plan No. 991 2318 for the purpose of repealing, replacing and substituting the By-laws registered as Instrument No. 991 267 379 at the South Alberta Land Registration District on September 14, 1999 are hereby repealed and the By-laws hereby attached are passed in full substitution and replacement thereof.
DISCLAIMER: This electronic document has been generated using character recognition software from a digital image of the document registered as Instrument No. 991 359 075 with the South Alberta Land Titles Office. While the contents of this electronic document have been checked for accuracy using the original image, it is intended only for casual reference purposes by the residents and owners of Regal Park and should not be used when making legal interpretations of Regal Park By-Laws. Because of differences in the spacing of characters, the position of line and page breaks have shifted from those on the original document. While a PDF copy of the digital image used to generate this document is available on the Regal Park web site www.regalpark.org the reader should obtain an original certified copy of these By-Laws directly from the Land Titles Office for use when making any legal interpretations of that document’s content.
REGAL PARK
BY-LAWS OF THE OWNERS: CONDOMINIUM PLAN NO. 991 2318
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, 1980, chapter C-22, as amended from time to time or any statute or statutes passed in substitution therefor;
(b) “Board” means the Board of Managers of the Corporation;
(c) “By-laws” means the By-laws of the Corporation, as amended from time to time;
(d) “common expenses” mean the expense of performance of the objects and duties of The Corporation and any expenses specified as common expenses in these By-laws;
(e) “common property” means so much of the parcel as is designated as common property. and so much of the parcel as is not comprised in or does not form part of any residential unit on any redivision plan and any unit acquired for the common use of the owners and occupants of the Project and also sometimes referred to as “common property units” which, pursuant to these By-laws, the Corporation is required to administer, control, manage, maintain, repair and replace as if the same were conventional common property;
(f) “condominium plan” means the bare land and any redivision condominium plans registered under the Act;
(g) “Corporation” means the corporation constituted under the Act by the registration of the condominium plan whose legal name is “The Owners: Condominium Plan No. 991 2318”;
(h) “Developer” means Sandlewood Developments 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 on ordinary resolution of the Board, whose duties include the receiving, holding and disbursing of proceeds of policies of insurance pursuant to these Bylaws and the Act, If no Insurance Trustee is appointed, then the Insurance Trustee shall be the Board;
(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 Calgary 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;
(k) “Manager” means any property manager contractually appointed by the Board;
(l) “ordinary resolution” means a resolution:
(i) passed at a properly convened meeting of the Corporation by a majority of not Ness than 51% of all the persons present at such meeting and entitled to exercise the power of voting conferred under the Act or these By-laws; or
(ii) in writing signed by not less than 51 % of all of the persons who, at a properly convened meeting of the Corporation, would be entitled to exercise the power of voting conferred by the Act or these By-laws and representing not less than 5001 of the unit factors for all of the units;
(m) “owner” means a person who is registered as the owner of the fee simple estate in a unit and where the term “owner” is used in By-law 62, that term includes a tenant;
(n) “parcel” means the land comprised in the condominium plan;
(o) “project” means all of the real and personal property and fixtures comprising the parcel, land and buildings which constitute the units and common properly;
(p) “redivision plan” means a condominium plan(s) of redivision for units 1 to 67 inclusive;
(q) “residence” means a dwelling constructed on the parcel or on a bare land unit;
(r) “residential unit” or “residential unit owner” mean, respectively, the units created upon the registration of each redivision plan or the persons who are registered as “owners” thereof;
(s) “special resolution” means:
(i) a resolution passed at a properly convened meeting of the Corporation, of which at least seven (7) days’ notice specifying the proposed resolution has been given, by a majority of not less than 75% of all the persons entitled to exercise the power of voting conferred under the Act or these By-laws and representing not less than 7501 of the unit factors for all the units; or
(ii) a written resolution signed by not less than 75% of all of the persons who, at a properly convened meeting of the Corporation, would be entitled to exercise the power of voting conferred by the Act or these By-laws and representing not less than 7501 of the total unit factors for all the units;
(t) “spouse” includes a person who holds that position usually enjoyed by a spouse whether or not he or she is legally married;
(u) “unanimous resolution” means a resolution:
(i) passed unanimously at a properly convened meeting of the Corporation by all the persons entitled to exercise the 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;
(v) “unit” means an area designated as a unit by the condominium plan or any redivision plan but does not include the common, properly units of each redivision plan;
(w) “unit factor” means the unit factor for each unit as more particularly specified or apportioned and described in and set forth on the condominium plan or redivision 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. (a) The headings used throughout these By-laws are inserted for reference purposes only and are not to be considered or taken into account in construing the terms or provisions of any By-law;
(b) The rights and obligations given or imposed on the Corporation or the owners under these By-laws are in addition to any rights or obligations given or imposed on the Corporation or the owners under the Act;
(c) If there is any conflict between the By-laws and the Act, the Act prevails.
3. An owner SHALL:
(a) permit the Corporation and its agents, at all reasonable times on a minimum of twenty-four (24) hours notice (except in case of emergency when no notice is required), to enter his unit for the purpose of:
(i) inspecting the unit and maintaining, repairing or renewing party walls and pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the unit;
(ii) maintaining, repairing or renewing the common property;
(iii) ensuring that the By-laws are being observed;
(iv) doing any work for the benefit of the Corporation generally;
(v) gaining access to meters monitoring the use of any utility.
In the event the Corporation must gain access for the aforesaid purposes by using a locksmith, the cost of such locksmith shall be borne by the unit owner;
(b) forthwith:
(i) carry out all work that may be ordered by any municipality or public authority in respect of his unit; and
(ii) pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his unit;
(c) repair and maintain
(i) the interior of his residence and all improvements and additions thereto;
(ii) his unit, including all windows (which includes all glass, sashes, sliding glass doors, casing and caulking thereof but excludes structural frames) and the washing of windows that are accessible to the occupant; and
(iii) all wood, patio, metal and screen doors and all structural components and hardware relating to all doors; and
(iv) the furnace and hot water tank located within the residence:
(v) light fixtures and their bulbs attached to the exterior of the residence; and
(vi) any interior wall or ceiling mounted air conditioning equipment that provides cooled air to his residence; and
(vii) door bell buttons affixed to the residence;
(viii) in a clean and sightly condition, any privacy (and any plants or landscaping therein) area which is located on or which comprises any part of the common property to which the owner has been granted exclusive use pursuant to By-law 5 or By-law 58 and if the owner shall not maintain such privacy area to a standard similar to that of the remaining common property, the Corporation may give ten (10) days’ notice to the owner to this effect and if such notice has not been complied with at the end of that period, then the Corporation may carry out such work and the provisions of By-law 58 shall apply;
BUT EXCLUDING the painting of the exterior surface or finishing of any access doors and all other outer boundaries, walls and other outside surfaces and roofs and eaves troughs and all other outside hardware and accoutrements (except as noted herein) affecting the appearance, usability, value or safety of the unit, and keep his unit in a state of good repair, except such maintenance, repairs and damage as are insured against by the Corporation or for which the Corporation is responsible pursuant to these By-laws;
(d) not paint nor make any repairs, additions or alterations to the exterior of his residence or unit or the building (including interior and exterior load bearing and partition walls) of which his unit forms a part or to the plumbing, mechanical or electrical systems within his unit without first obtaining the written consent of the Corporation;
(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, their families or visitors;
(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) or the family of such an occupier;
(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 32 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 solicitor and his own client indemnification basis;
(k) permit the Corporation, its representatives and persons authorized by the Corporation, entry to his unit and residence to carry out maintenance and repair work required to be performed in maintenance and betterment of the Project generally; and
(l) have the right to use the roadway on any common property unit to gain access to his residential unit.
4. In addition to the duties of the Corporation set forth in the Act, the Corporation, through its Board SHALL:
(a) control, manage, maintain, repair, replace and administer the common property (except as hereinbefore and hereinafter set forth) and all real property, chattels, personal property or other property owned by the Corporation for the benefit of all of the owners and for the benefit of the entire condominium project;
(b) do all things required of it by the Act, these By-laws arid any other rules and regulations in force from time to time and shall take all necessary steps it sees fit to uphold these By-laws;
(c) maintain and repair (including renewal where reasonably necessary) exterior lighting, (except the light fixtures and their bulbs attached to the exterior of a residence), and 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 residences 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 a unit over which such owners are granted exclusive right of use, clean, maintain and repair the exterior or outside surfaces of the buildings comprising the units (excluding windows, sashes, sliding glass doors, casing and caulking thereof, the washing of windows that are accessible to an occupant, the interior surface of access doors, all structural components and hardware relating to all doors, screen doors, furnaces and hot water tanks, door bell buttons, light fixtures and their bulbs attached to the exterior of the residence, and interior air conditioning equipment), all of which shall be the responsibility of an owner but including the repair of any leakage around windows and the maintenance and repair of all other outside accoutrements affecting the appearance, usability, value or safety of the parcel or the units and the common property including the structural maintenance of any privacy area which is located on any part of the common property to which an owner has been granted exclusive use pursuant to By-law 5 or By-law 58 and including all parking units, landscaped areas, common sidewalks, driveways, roadways, and the garbage enclosure and including all concrete, balcony walls, rails, fencing and related posts and all utility services within, on, in, under or through the units and common property, including the underground sprinkler system;
(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 or otherwise such amount as the Board may determine from time to time to be fair and prudent for a replacement reserve fund and the replacement reserve fund shall be an asset of the Corporation;
(h) 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 to the Board may seem justifiable in the management or administration of the entire condominium project;
(i) remove ice, snow, slush and debris from and keep and maintain in good order and condition all areas of the common property designated for vehicular or pedestrian traffic or outside parking and keep and maintain in good order and condition all grassed or landscaped areas of the common property PROVIDED THAT the general cleaning and maintenance of any privacy area designated to an. owner under By-law 5 or By-law 58 shall be the prime responsibility of the owner to whom such privacy area has been assigned;
(j) provide adequate garbage receptacles or containers on the common property for use by all the owners and provide for regular collection there from;
(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 37 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 and promptly replace on a continuing basis, any lawns, trees or shrubs which die;
(n) repair, replace and maintain party walls separating residences unless the reason or cause for such repair, replacement or maintenance is the negligent act or omission of a unit owner.
5. In addition to the powers of the Corporation set forth in the Act, the Corporation through its Board, MAY and is hereby authorized to:
(a) purchase, hire or otherwise acquire personal property and/or real property for use by owners in connection with the maintenance, repair, replacement or enjoyment of the real and personal property of the Corporation or the common property, or their units or any of them, provided that real property shall only be acquired or disposed of by special resolution of the Corporation;
(b) borrow monies required by it in the performance of its duties or the exercise of its powers provided that each such borrowing in excess of 15% of the current year’s common expenses budget has been approved by special resolution;
(c) secure the repayment of monies borrowed by it, and the payment of interest thereon, by negotiable instrument, or mortgage of unpaid contributions (whether levied or not), or mortgage of any property vested in it, or by any combination of those means;
(d) invest as it may determine any contributions towards the common expenses SUBJECT TO the restrictions set forth in Section 35 of the Act;
(e) make an agreement with an owner, tenant or other occupier of a unit or residence for the provision of amenities or services by it to the unit or residence or to the owner, tenant or occupier thereof;
(f) grant to an owner a lease in respect of areas adjoining or relating to such owner’s unit, as shown on the condominium plan, under Section 41 of the Act, on such terms and conditions as may be determined by the Board from time to time PROVIDED THAT such lease shall be available for the benefit only of owners,. purchasers, tenants and other lawful occupants of such unit, shall not be assignable to anyone who is not an owner or purchaser by agreement for sale of such unit and shall be terminable on 30 days notice by the Corporation as against any grantee, lessee or assignee who ceases to be an owner or purchaser under an agreement for sale of such unit;
(g) grant to an owner the right to exclusive use and enjoyment of part of the common property (including extra parking space) or special privileges in respect thereof, and, except for the provisions of these By-laws relating to parking privileges attached to each unit, any such grant to be terminable on reasonable notice, unless the Corporation by special resolution otherwise resolves;
(h) make such rules and regulations as it may deem necessary or desirable from time to time in relation to the use, enjoyment and safety of the common property and do all things reasonably necessary for the enforcement of these By-laws and for the control, management and administration of the common property generally including the commencement of an action under Section 29 of the Act and all subsequent proceedings relating thereto;
(i) determine from time to time the amounts to be raised and collected for the purposes hereinbefore mentioned;
(j) raise the amounts of money so determined by levying contributions on the owners in proportion to the unit factors for their respective units or as otherwise herein provided;
(k) charge interest under Section 32 of the Act on any contribution or common expenses owing to it by an owner at the Interest Rate;
(l) pay an annual honorarium, stipend or salary to members of the Board in the manner and in the amounts as may be from time to time determined by ordinary resolution at a general meeting;
(m) join any organization serving the interests of the Corporation and assess the membership fee in such organization as part of the common expenses;
(n) acquire parking units for purposes of visitor parking, resale or otherwise;
(o) 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;
(p) subject to any limitations and prohibitions contained in the Act, these Bylaws 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.
6. The powers and duties of the Corporation shall, subject to any restriction imposed or direction given at a general meeting, be exercised and performed by the Board.
7. During the initial existence of the Corporation and prior to the first annual general meeting of non-Developer owners, the Board shall consist of two (2) nominees of the Developer. Thereafter, the Board shall consist of not less than three (3) nor more than seven (7) owners or spouses of owners or representatives of mortgagees who have notified their interests to the Corporation and the Board shall be elected at each annual general meeting (although members may also be elected at an extraordinary general meeting). A Board member must be 18 years of age or older. Where a unit has more than one owner, only one owner in respect of that unit may sit on the Board at any point in time.
8. At each annual general meeting of the Corporation all of the members of the Board shall be deemed to have retired from office and the Corporation shall elect new members accordingly.
9. A retiring member .of the Board shall be eligible for re-election. Any prospective member of the Board shall, as a condition of his nomination, make full disclosure of any potential conflict of interest and any direct or indirect relationships he or she may have with the Corporation either contractual, financial or employment related.
10. Except where the Board consists of all of the owners, the Corporation may, by resolution at an extraordinary general meeting, remove any member of the Board before the expiration of his term of office and appoint another owner in his place, to hold office until the next annual general meeting.
11. Where a vacancy occurs on the Board under By-law 20, the remaining members of the Board may appoint a person to fill that office for the remainder of the former member’s term provided such person qualifies for membership pursuant to By-law 7.
12. Except where there is only one owner and except during the period before the first annual general meeting, a quorum of the Board is two where the Board consists of four or less members, three where the Board consists of five or six members and four where it consists of seven members. Any member of the Board may waive notice of a meeting before, during or after the meeting and such waiver shall be deemed the equivalent of receipt of due and proper notice of the meeting.
13. At the first meeting of the Board held after each annual general meeting of the Corporation, the Board shall elect from among its members a President, a Vice-President, a Treasurer and/or a Secretary who shall hold their respective offices until the conclusion of the next annual general meeting of the Corporation or until their successors are elected or appointed. The President shall be the Chairman of the Board and shall have a casting vote in addition to his original vote. A person ceases to be an officer of the Corporation ii he ceases to be a member of the Board. Where a person ceases to be an officer of the Corporation, the Board shall designate from its members a person to fill that office for the remainder of the term. A person may simultaneously hold two offices.
14. 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 au the duties and powers of the Chairman while so acting. In the absence of both the President and the Vice-President the members present shall from among themselves appoint a Chairman for the meeting who shall have all the duties and powers of the Chairman while so acting.
15. The other duties of the officers of the Board shall be as determined by the Board from time to time.
16. At meetings of the Board all matters shall be determined by simple majority vote. A resolution of the Board in writing signed by all of the members shall have the same effect as a resolution passed at a meeting of the Board duly convened and held.
17. The Board MAY:
(a) meet together for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit, and it shall meet when any member of the Board gives to the other members of the Board not less than three (3) days’ notice of a meeting proposed by him, specifying the reason for calling the meeting provided that the Board shall meet at the call of the President on such notice as he may specify without the necessity of the President giving reasons for the calling of the meeting;
(b) appoint or employ for and on behalf of the Corporation such agents or servants as it thinks fit in connection with the control, management and administration of the common property and the exercise and performance of the powers and duties of the Corporation;
(c) subject to any valid restriction imposed or direction given at a general meeting of owners, delegate to one or more members of the Board such of its powers and duties as it thinks fit, and at any time revoke such delegation;
(d) obtain and retain by contract the services of a Manager or of any professional real property management firm or professional real property manager or agent for such purposes (including but not so as to limit the generality of the foregoing the supervision, management and performance of any or all of the duties of the Corporation) and upon such terms as the Board may from time to time decide SUBJECT ALWAYS to the control and direction of the Corporation and the Board, such Manager to be reasonably fit and suited to perform such duties. The Manager employed by the Board need not devote its full time to the performance of duties of the Corporation so long as those duties are performed in a good and sufficient fashion. If under such contract the Manager holds funds for the Corporation, the contract shall require the Manager to arrange or maintain a fidelity bond owned by and in the name of the Corporation and for the benefit of the Corporation and such bond shall be in an amount required by the Corporation but in any event not less than:
(i) the total amount of any replacement reserve funds in the hands of or controlled by the Manager; and
(ii) one month’s total condominium contributions of the Corporation or 1/12 of the total annual condominium contributions for all units in the Project (excluding any special contributions) whichever is greater; and
(iii) a sum representing the average monthly amount of cash in the control of the Manager.
At all times when the Board consists only of nominees of the Developer no such contract shall provide for an initial term in excess of two (2) years and the termination provisions of Section 14 of the Act shall apply thereto;
(e) enter into an insurance trust agreement in form and on terms as required by any Insurance Trustee;
(f) set and charge for and on behalf of the Corporation reasonable fees to compensate the Corporation far expenses it incurs in producing and providing any documents or copies required to be issued by it under the Act or pursuant to these By-laws.
18. The Board SHALL:
(a) subject to any valid restrictions or directions given at a general meeting of the owners, carry on the day to day business and affairs of the Corporation;
(b) keep minutes of its proceedings and, upon written request at the expense of the person requesting, provide copies thereof to owners and to mortgagees who have notified their interests to the Corporation;
(c) cause minutes to be kept of general meetings of the owners and, upon written request at the expense of the person requesting1 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 such Board member;
(h) 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;
(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 fifteen (15) days of a person becoming or ceasing to be a member of the Board, file or cause to be filed at the Land Titles Office a notice in the prescribed form stating the name and address of that person and the day that the person became or ceased to be, as the case may be, a member of the Board;
(l) file or cause to be filed at the Land Titles Office a notice in the prescribed form of any change in the address for service of the Corporation.
19. All acts done in good faith by the. Board are, notwithstanding it be afterwards discovered that there was some defect in the appointment or continuance in office of any member of the Board, as valid as if the member had been duly appointed or had duly continued in office.
20. The office of a member of the Board shall be vacated if the member:
(a) by notice in writing to the Corporation resigns. his office; or
(b) dies; or
(c) is in arrears more than sixty (60) days of any contribution, levy, or assessment required to be made by him as an owner or becomes bankrupt; or
(d) becomes bankrupt; or
(e) is found lunatic or becomes of unsound mind, or is the subject of a Certificate of Incapacity issued under the MENTAL HEALTH ACT; or
(f) is convicted of an indictable offence; or
(g) is absent from meetings of the Board for a continuous period of three (3) months or three (3) consecutive meetings without the consent of the remaining members of the Board and a majority of the remaining members of the Board resolve at the next subsequent meeting of the Board that his office be vacated; or
(h) he ceases to qualify for membership pursuant to By-law 7; or
(i) in the case of a company which is a member of the Board, if the company shall become bankrupt or make an assignment for the benefit of creditors or if proceedings are commenced to wind up the company, otherwise than for the purpose of amalgamation or reconstruction; or
(j) is refused bonding, at a reasonable premium, by a recognized bonding institution; or
(k) commences any legal proceedings against the Board or the Corporation.
21. The Board shall determine, by resolution from time to time, the manner and which officer or officers shall sign cheques, drafts, notes and other instruments and documents, including banking forms and authorities not required to he under corporate seal and may authorize the Manager to sign the same with or without co-signing by any officer or officers.
22. The Corporation shall have a common seal, which shall be adopted by resolution and which shall at no time be used or affixed to any instrument except in the presence of at least one member of the Board or by the persons as may be authorized from time to time by resolution of the Board, except that where there is only one member of the Corporation his signature shall be sufficient for the purposes of this By-law, and if the only member is a company the signature of its appointed representative on the Board shall be sufficient for the purpose of this By-law.
23. The first annual general meeting of the non-Developer owners shall be convened by the Board within the time prescribed by the. ‘Act. Subsequent annual general meetings shall he held once in each calendar year, and not more than fifteen (15) months shall elapse between the date of the annual general meeting and that of the next.
24. All general meetings other than annual general meetings shall be called extraordinary general meetings.
25. The Board may whenever it thinks fit and shall upon a requisition in writing by owners representing not less than 15% of the total unit factors for all the units or upon the request in writing from mortgagees holding registered mortgages (and who have notified their interests to the Corporation) against units in respect of which corresponding unit factors represent not less than 15% of the total unit factors or a combination of such owners or mortgagees entitled to vote with respect to 15% of the total unit factors convene an extraordinary general meeting which meeting shall be held within thirty (30) days of the Board’s receipt of the said requisition. The agenda for such meeting shall include any items specified by the requisitioners.
26. A minimum of seven (7) days’ notice of every general meeting specifying the place, the date and the hour of meeting, and in the case of special business the general nature of such business, shall be given to all owners and mortgagees who have notified their interests to the Corporation. Notice shall be given to the owner and to such mortgagees in the manner prescribed in these By-laws, but the accidental omission to give notice to an owner or mortgagee or non-receipt by an owner or mortgagee does not invalidate the meeting or any proceedings thereat. In computing the number of the days of notice of a general meeting required under these By-laws, the day on which the notice is deemed to have been received and the day of the meeting shall be counted. Notice of any meeting may be waived either at, before or after the meeting by persons entitled to vote at the meeting and such waiver shall be deemed the equivalent of receipt of due and proper notice of the meeting.
27. All business that is transacted at an annual general meeting, with the exception of the consideration of accounts and election of members to the Board, or at any extraordinary general meeting, shall be deemed special.
28. Save as in these By-laws otherwise provided, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business and one-quarter of the persons entitled to vote representing not less than 2500 of the unit factors present in person or by proxy shall constitute a quorum.
29. If within one-half hour from the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time’ and if at the adjourned meeting a quorum is not present within one-half hour from the time appointed for the meeting, the persons entitled to vote who are present shall be a quorum.
30. The President of the Board shall be the Chairman of all general meetings or in his absence from the meeting or in case he shall vacate the chair, the Vice-President of the Board shall act as Chairman provided always that if the President and Vice-President be absent or shall vacate the chair or refuse to act, the meeting shall elect a Chairman.
31. The Order of Business at general meetings, and as far as is appropriate at all extraordinary general meetings, shall be:
(a) if the President or Vice-President of the Board shall be absent or elects to vacate the chair or refuses to act, the election of the Chairman of the meeting;
(b) call to order by the Chairman and establish quorum;
(c) proof of notice of meeting or waiver of notice;
(d) reading and disposal of any unapproved minutes;
(e) reports of officers;
(f) reports of committees;
(g) financial report;
(h) appointment of auditors;
(i) election of Board;
(j) unfinished business;
(k) new business:
(l) adjournment.
32. At any general meeting a resolution by the vote of the meeting shall be decided on a show of hands, unless a poll is demanded by any owner or registered mortgagee present in person or by proxy. Unless a poll be so demanded, a declaration by the Chairman that a resolution has, on the show of hands, been carried is conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour or against the resolution. Except for matters requiring a special resolution or unanimous resolution, all matters shall be determined by ordinary resolution.
33. A poll, if demanded, shall be taken in whatever manner the Chairman thinks fit, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. In the case of equality in the votes, whether on a show of hands or on a poIl the Chairman of the meeting is entitled to a casting vote in addition to his original vote. A demand for a poll may be withdrawn.
34. On a show of hands, each person entitled to vote for any Unit shall have one vote for that unit. On a poll, the votes of persons entitled to vote for such unit shall correspond with the number of unit factors for the respective units owned or mortgaged to them.
35. Votes at any general meeting may be given either personally or by proxy.
36. An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney1 and may be either general or for a particular meeting. A proxy need not be an owner.
37. Except in cases where by or under the Act a unanimous resolution or special resolution is required, no owner is entitled to vote at any general meeting unless all assessments payable in respect of hi unit have been duly paid to the date thirty (30) days prior to the date of such meeting but the presence of any such defaulting owner shall be included in the count for quorum constitution purposes pursuant to By-law 28.
38.
(a) Co-owners may vote by proxy but only. if the proxy is jointly appointed by them or by one of the co-owners appointed by the other or all others, as the case may be, and in the absence of such proxy, co-owners are not entitled to vote separately on a show of hands except when a unanimous resolution is required by the Act, but any one co-owner may demand a poll;
(b) On any poll, each co-owner is entitled to such part of the vote applicable to a unit as is proportionate to his interest in the unit. The joint proxy (if any) on a poll shall have a vote proportionate to the interests in the unit of the joint owners as do not vote personally or by individual proxy.
39. A resolution of the owners in writing signed by each owner or his duly appointed proxy shall have the same effect as a resolution passed at a meeting of the owners duly convened and held.
40. Where owners are entitled to successive interests in a unit, the owner entitled to the first interest (or if his interest is mortgaged by registered first mortgage notified to the Corporation, the mortgagee under such mortgage) is alone entitled to vote, whether on a show of hands or a poll.
41. Where an owner is a trustee, he shall exercise the voting rights in respect of the unit to the exclusion of persons beneficially interested in the trust, and those persons shall not vote.
42. Notwithstanding the provisions of these By-laws with respect to appointment of a proxy, where the owner’s interest is subject to a registered mortgage and where the mortgage or these By-laws or any statute provides that the power of vote conferred on an owner may or shall be exercised by the mortgagee and where the mortgagee has given written notice of his mortgage to the Corporation, no instrument or proxy shall be necessary to give the mortgagee the said power to vote and the mortgagee’s power to vote shall not be limited or proscribed by the owner’s failure to pay contributions.
43.
(a) Any infraction or violation of or default under these By-laws or any rules and regulations established pursuant to these By-laws on the part of an owner, his servants, agents, licensees, invitees or tenants that has not been corrected, remedied or cured within ten (10) days of having received written notification from the Corporation to do so, may be corrected1 remedied or cured by the Corporation and any costs or expenses incurred or expended by the Corporation including costs as between a solicitor and his own client, in correcting, remedying or curing such infraction, violation or default shall be charged to such owner and shall be added to and become part of the assessment of such owner for the month next following the date when such costs or expenses are expended or incurred (but not necessarily paid) by the Corporation and shall become due and payable on the date of payment of such monthly assessment and shall bear interest both before and after judgment at the Interest Rate until paid;
(b) The Corporation may recover from an owner by an action for debt in any court of competent jurisdiction any sum of money which the Corporation is required to expend, as a result of any act or omission by the owner, his servants, agents, licensees, invitees or tenants, which violates these By-laws or any rules or regulations established pursuant to these By-laws and for which ten (10) days prior written notice has been given by the Corporation and there shall be added to any judgment, all costs of such action including costs as between a solicitor and his own client. 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 exercise the powers provided for in Section 29 of the Act.
44.
(a) As the project is to be developed in stages or phases, the following provisions and rules shall apply and govern until the final stage or phase of the project is completed:
(i) the Developer shall be responsible for keeping and maintaining the unimproved, undeveloped units free from debris, weeds and any other unsightly matter;
(ii) the Corporation is not required to provide nor shall it be responsible for providing any service or maintenance to any unimproved bare land unit until completion of construction of residential units thereon by the Developer;
(iii) development of the residential units, including but not limited to design and construction, shall be within the sole control and discretion of the Developer without interference from the Corporation or any of the owners; Neither the Corporation nor the owners shall make any objections or take any steps to prevent, hinder or delay construction and completion of any of the residential units and buildings or their amenities. The Corporation and the owners shall, at the expense of the Developer, provide all consents to and execute all plans, leases, easements, licenses, deeds, documents or assurances required by the Developer to permit or assist development until the completion of construction of all residential units. A member of the Board or officer of the Board shall have the power on behalf of the Corporation, with or without resolution of the Board authorizing the same, to execute and deliver on behalf of the Corporation and, if required, under its seal, any such consent, plans, leases, easements, licenses, deeds, documents or assurances required by the Developer and such member or officer so executing and delivering such instrument shall be fully exonerated and released by the Corporation and the owners from any claim for so doing;
(iv) no contributions shall be levied against the Developer as the owner of any bare land unit until completion of construction of residential units and buildings thereon and such residential units and buildings are ready to be used for residential purposes. Any such contributions assessed for such residential units will be refunded or cancelled by the Corporation to the Developer;
(v) as the bare land units are developed, the Developer shall be responsible for installing the landscaping, roadways and sidewalks shown on the landscaping plan and the site plan which is of the same nature and quality as that which exists in the developed portion of the Parcel;
(b) 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 residential units and the improvements located thereon, whether owned or leased by it, as display sites and to carry on all sales and leasing functions it considers necessary from such sites including the erecting, placing, hanging, keeping or displaying of signs, billboards, advertising material or marketing notices or displays required, all in the sole discretion of the Developer;
(c) The Developer will install and erect on the Parcel a community identification sign incorporating the word “Regal Park”. On registration of the condominium plan, the Corporation assumes all responsibilities with respect to and shall maintain, repair and, where required, replace such sign;
(d) The Developer, its agents, employees and mortgage inspectors shall have the right to enter onto any unit and the right of access to the common property iii order to complete any incomplete items, repair deficiencies, inspect the unit and make any modifications or repairs to the utilities.
45.
(a)
In the event of damage
or destruction as a result of fire or other casualty, the Board shall determine
within thirty (30) 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 25% or more of the replacement value of all units and common
property immediately prior to the occurrence. Prior to making any determination
under this subparagraph the Board shall obtain the opinion of an independent
insurance appraiser to the effect that substantial damage has or has not occurred.
If there has been substantial damage the Board shall convene an extraordinary
general meeting 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 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 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 at 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 member of his family or his or their guests, 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.
46.
(a) The Board, on behalf of the Corporation, shall obtain and maintain, subject always to the Act, and in particular, Section 38 thereof, the following insurance:
(i) Fire insurance with extended coverage endorsement for such perils as the Board shall deem advisable insuring:
(A) all of the insurable common property;
(B) all insurable property of the Corporation, both real and personal of any nature whatsoever;
(C) all of the units, and residences including all improvements and betterments made to the units and residences by the owners of which the Board has knowledge and all bathroom and kitchen fixtures (but excluding furnishings and other personal properly of each owner whether or not installed in the unit), for the full replacement cost thereof, without deduction for depreciation; and insuring the interests of and naming as insureds;
(D) all owners from time to time;
(E) all mortgagees who have given written notice to the Corporation;
(F) the Corporation; and
(G) the Board of Managers and any person referred to in By-law 17 hereof (hereinafter collectively called the “Insureds”) as their respective interests may appear;
(ii) Boiler and vessel insurance if any boilers and vessels exist;
(iii) Public 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 properly 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 and all employees of the Corporation from and against all loss, costs, and expenses, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been .a 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 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 lnsureds and shall, as available and where applicable, provide:
(i) that the policy may not be cancelled or substantially modified without at least sixty (60) days’ prior written notice to all lnsureds;
(ii) that in no event shall insurance coverage be brought into contribution with insurance purchased by any owner or mortgagee and such insurance shall be deemed as primary insurance;
(iii) standard mortgage endorsements attached to each such policy;
(iv) a waiver by the insurer of its rights of subrogation against the Corporation, its Manager, agents, employees and servants, and the owners and any member of the household of any owner, except for arson, fraud and vehicle impact;
(v) a waiver by the insurer of any defence based upon co-insurance (provided that policies of physical damage insurance may contain co-insurance on a stated amount basis so long as the appraisal provisions of this By-law are met) or of invalidity arising from the conduct of or any omission or act or breach of a statutory condition by any Insured;
(vi) that the Corporation or the Insurance Trustee (as the case may be) shall have the right, at its sole option, to obtain a cash settlement in the event of substantial damage to the property insured and a waiver of the insurer’s option to repair, rebuild or replace in the event, that after damage, the status of the condominium is terminated; and
(vii) a cross liability endorsement wherein the rights of any Insured shall not be prejudiced with respect to another Insured and the insurance indemnifies each insured as if a separate policy had been issued to each Insured;
(c) Prior to obtaining any policy of insurance hereunder or any renewal thereof, and at least annually, the Board shall obtain an appraisal or appraisal update from a duly qualified appraiser setting out the full replacement cost of the common property units, and all of the property of the Corporation. A copy of such appraisal or appraisal update shall be delivered to each mortgagee who has given written notice of his mortgage to the Corporation. The Board shall forthwith obtain insurance coverage under any and all such policies of insurance in accordance with such appraisal or appraisal update to insure the full replacement value as set forth in such appraisal or appraisal update. In addition to such insurance coverage for the replacement value of the common property, units and any other property of the Corporation, the Board shall review and adjust the level of insurance coverage for other risks (including liability) to such amounts and levels required by and as would be maintained by an owner of similar property in the locality in which the condominium property is situate;
(d) 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 lnsureds 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 of 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;
(e) 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;
(f) The owners may, and upon written request of any mortgagee shall, carry insurance on their own units as permitted by the Act provided that the liability of the insurers issuing insurance obtained by the Board hereunder shall not be affected or diminished by reason of insurance so carried by any unit owner AND PROVIDED FURTHER that neither the Corporation nor the Board shall be required or have any duty to insure the interests of tenants against liability or the interests of tenants or owners for their belongings, contents or other property. The insuring of any contents 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 contents or personal property within or to the unit however caused;
(g) In the event an owner incurs or suffers damage or loss to the windows or unit access doors (which constitute part of the unit) or to any interior finishing or improvements of his unit and/or the common property adjacent thereto 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 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.
47.
(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 metre 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 the 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 a privacy area;
(iv) All charges on account of lighting fixtures situated on any unit owned by the Corporation or on common property except the deck or veranda, light fixture on every unit;
(v) All charges on account of maintenance for any unit owned by the Corporation, or 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 replacement reserve fund studies) fees and disbursements;
(ix) All reserves for repairs and replacement of common property and portions of units or buildings the repair or replacement of which is the responsibility of the Corporation;
(x) Maintenance of the exterior walls and other structural costs of the building;
(xi) The cost of maintaining fidelity bonds as provided in these By-laws;
(xii) The cost of borrowing money for the purpose of carrying out the duties and objects of the Corporation;
(xiii) 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;
(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. The budget shall include a reasonable provision for contingencies and replacements (“replacement reserve fund”);
(d) The 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. The Corporation may by resolution determine the maximum amount that may be paid from the replacement reserve fund in respect of a single expenditure;
(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 1st day of the month immediately following receipt of such notice of assessment, or such other time as may be prescribed by the Corporation;
(f) All payments of whatsoever nature required to be made by each owner and not paid within ten (10) .days from the due date for payment shall bear interest at the Interest Rate from the date when due until paid. All payments on account shall first be applied to interest and then to the assessment payment first due;
(g) The Corporation shall, on the application of an owner 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
(A) any action commenced against the Corporation and served upon the Corporation;
(B) any unsatisfied judgment or order for which the Corporation is liable; and
(C) any written demand made upon the Corporation for an amount in excess of $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) the particulars of or a copy of any subsisting recreational agreement;
(v) a copy of the current budget of the Corporation;
(vi) a copy of the most recent financial statement of the Corporation;
(vii) a copy of the By-laws of the Corporation;
(viii) a copy of any minutes of proceedings of a general meeting of the Corporation or of the Board;
(ix) the particulars of or a copy of any subsisting lease of any of the common property;
(i) Notwithstanding anything to the contrary hereinbefore contained, during the initial stages of development and before 90% 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 next 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 Bylaws or under Section 36 of the Act, shall be entitled to charge a reasonable fee for the production thereof.
48. 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 Len (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 dale until paid.
49. Default in payment of assessments and lien for unpaid assessments, instalments and payments:
(a) The Corporation shall 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 in arrears. As further and better security, each owner responsible for any such unpaid contribution, assessment, instalment or payment which is in arrears for more than thirty (30) days, shall give to the Corporation a mortgage or encumbrance for the full amount thereof and all contributions, assessments, instalments and/or payments, and interest thereon at the Interest Rate from the due date or dates for payment of the same, 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 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 lien1 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 therefore 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, PROVIDED THAT no such acceleration shall affect the interests of or be binding upon any registered mortgagee;
(f) Notwithstanding all other provisions hereof the lien, charge, or security created, as hereinbefore mentioned and referred to in the preceding paragraphs, shall be subject always and subordinate to, and shall not affect the rights of the holder of, any indebtedness secured by any registered mortgage and the Corporation or other party shall, upon the request of such registered mortgagee, at the expense of such other party or the Corporation, as the case may be, execute and deliver such postponements, agreements or instruments of subordination as the said mortgagee shall reasonably require to fully and effectively establish or maintain its priority as a registered mortgagee in respect of a unit title against which it has registered its mortgage;
(g) All reasonable costs of the Manager and legal costs and disbursements incurred by the Corporation (including costs on a solicitor and his own client 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.
50. 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 but 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.
51.
(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 44 of the Act. If any deposit is used in accordance with the Act or these By-laws, the owner shall replace that portion of the deposit used within ten (10) days of being notified, in writing, by the Board of its use;
(ii) give notices to give up possession of residential units under Section 45 of the Act; and
(iii) make applications to the Court under Sections 46 and 47 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.
52. The provisions hereof shall be deemed independent and severable and the invalidity in whole or in part of any By-law does not affect the validity of the remaining By-laws, which shall continue in full force and effect as if such invalid portion had never been included herein.
53. 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 a mortgagee, as the case may be, for the giving of notices. The word “notice” shall include any request, statement or other writing required or permitted to be given hereunder or pursuant to the Act or these By-laws.
54. 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.
55. 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.
56. 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 so 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.
57. 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 of a representative of a member of the Board or removes the alternate representative from office as alternate representative, any appointment or removal under this By-law shall be made in writing under the hand of the representative making the same.
58.
(a) The Board shall be deemed to have designated and assigned to each owner the exclusive use of a back wooden deck, front verandah, driveway to the underdrive garage (if any) front steps and front and back walkway from the residential unit to the common walkway, common driveway or parking area. The owner of the Unit shall have the exclusive use of such areas immediately adjacent or affixed to his Unit which shall constitute privacy areas granted to an owner pursuant to By-law 5. Any landscaping or decoration of decks or verandahs may only be carried out after the express written consent of the Board has been obtained therefor and the maintenance of such approved landscaping or decoration shall be the sole responsibility of those owners who have their exclusive use;
(b) The Board may, in addition to other restrictions set out in these By-laws, specify and limit the nature and extent of the use or uses of any such privacy area assigned or designated by it hereunder;
(c) While any such privacy area is not included in the condominium plan as part of a condominium unit, and shall not be deemed to be an area leased pursuant to Section 41 of the Act, any such privacy area shall be maintained in a clean and sightly condition at the sole expense of the owner to whom it has been assigned PROVIDED THAT the Board shall be responsible for removing ice, slush, snow and debris from the driveways, common walkways and outside parking areas, and structurally maintaining fences, parking areas, decks, verandahs and walkways to a standard considered reasonable by the Board;
(d) If the owner shall fail to properly maintain any such privacy area assigned to him after ten (10) days’ notice to him to correct any maintenance problem set forth in said notice from the Board, then the Board or its representative may order the maintenance corrected and the owner affected shall reimburse the Board for all monies expended and all costs incurred in order to rectify said maintenance problem and pay interest thereon at the Interest Rate after demand for payment;
(e) The term privacy area does not include any fence, rail or similar structure bordering any designated privacy area;
(f) The Corporation, at its option, may require an owner to pay electrical charges for and in connection with any plug-in facility where such plug-in facility is not metered to the unit of an owner who is using such plug-in facility; and
(g) The Corporation and its servants and agents shall, notwithstanding the grant of any right, licence or privilege of exclusive use of any area to any owner, have and enjoy free and uninterrupted right at any and all times and from time to time to enter upon, pass and repass over, and occupy any and all parts of such privacy area for the purpose of carrying out any of the duties or functions of the Corporation.
59. 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 condominium project shall be assessed and imposed in accordance with 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.
60. 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, sLut or proceeding to which he may be made a party by reason of his being or having been a Board member, manager or officer of the Corporation, except as to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for fines or penalties imposed in a criminal suit or action or for unjustified profit or advantage or for any illegal act done or attempted in bad faith or dishonesty. All liability, loss, damage, costs and expenses incurred or suffered by the Corporation by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Corporation as common expenses. The Corporation may by ordinary resolution, require that all members of the Board be bonded by a recognized bonding institution in an amount not less than Ten Thousand ($10,000.00) Dollars, the cost of such bonding to constitute a common expense of the Corporation.
61. 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 5(l).
62.
(a) In this By-law:
(i) “occupant” means a person present in a unit or in or upon the real or personal property of the Corporation or the common property with the permission of an owner;
(ii) “owner” includes a tenant;
(b) An owner shall not:
(i) use his unit or any part thereof for any commercial, professional or other business purposes or for any purpose which may be illegal or injurious to the reputation of the condominium project or for a purpose involving the attendance of the public at such unit unless such use constitutes an authorized, permitted or discretionary use or approved “home occupation” as defined in the relevant City of Calgary Municipal By-law;
(ii) make or permit noise in or about any unit or the common property or allow any odour to emanate or escape from his unit which, in the opinion of the Board, constitutes a nuisance or unreasonably interferes with the use and enjoyment of a unit or the common property by any other owner or occupant. No instrument or other device shall be used within a unit which in the opinion of the Board causes a disturbance or interferes with the comfort of other owners. No workmen or contractor shall be permitted to do any work in any unit that would disturb any other residents between the hours of 6:00 p.m. and 8:30 am. on weekdays or on Saturdays, Sundays or legal holidays without the prior consent of the Board;
(iii) keep or allow any animal, snake, reptile, livestock, fowl or pet of any kind (other than birds or fish) at any time to be in his unit or on the common property without the specific approval in writing of the Board, which approval the Board may arbitrarily withhold and may, if given, be withdrawn anytime on seven (7) days notice to that effect. All dogs approved must be hand leashed and kept under control at all times. Any municipal By-laws in effect in the City of Calgary with regard to animals at any point in time shall have effect within the common property and municipal officers are hereby authorized and are permitted to enforce City Bylaws on the common property;
(iv) use or permit the use of his unit other than as a single family dwelling or for a purpose other than for residential purposes;
(v) permit his unit to be occupied as a place of residence by more than seven (7) persons (whether adult or minor) at any given time without the consent in writing of the Board;
(vi) do any act or permit any act to be done, or alter or permit to be altered his unit or residence in any manner, which will alter the exterior appearance of the structure comprising his or any other units or residences without the prior written approval of the Board;
(vii) permit laundry to be hung other than inside the unit;
(viii) erect or place any building, structure, tent, or trailer, (either with or without living, sleeping or eating accommodation) on any parking unit or on the common property or on any privacy area assigned to him without the prior written consent of the Board;
(ix) permit, erect or hang over or cause to be erected or to remain outside any window or door or any other part of a unit, residence or on the common property or on the real property of the Corporation, clothes lines, garbage disposal equipment, recreational or athletic equipment, fences, hedges, barriers, partitions, awnings, shades or screens or any other matter or thing without the consent in writing of the Board first had and obtained. No television or mobile telephone or radio antenna, tower or similar structure or appurtenances thereto or satellite dish shall be erected on or fastened to any unit or on the common property except in connection with a common television antenna or cable system as authorized by the Board and then only in accordance with the regulations therefor which may be established by the Board;
(x) overload existing electrical circuits or store any combustible, inflammable or offensive goods, provisions or materials in his unit, his residence or on the common property, normal cleaning products and related household goods excepted;
(xi) do anything or permit anything to be done in his unit or upon the common property or the real or personal property of the Corporation or fail to do any act or thing which will or would tend to increase the risk of fire or the rate of fire insurance premiums with respect thereto or which would render invalid any insurance maintained by the Corporation;
(xii) do anything or permit anything to be done by any occupier of his unit in his unit, or the common property that is contrary to any statute, ordinance, By-law or regulation of any government authority whether Federal, Provincial, Municipal or otherwise;
(xiii) do or permit anything to be done that may cause damage to trees, plants, bushes, flowers or lawns and shall not place chairs, tables, devices or other objects on the lawns and grounds so as to damage them or to prevent growth or to interfere with the cutting of the lawns or the maintenance of the grounds generally;
(xiv) deposit customary household refuse and garbage outside his unit other than in proper secure garbage bags placed in the garbage containers or enclosures provided by the Corporation. All bulk waste items such as discarded household furnishings, which the City of Calgary Sanitation Department will not normally collect, shall be removed from the Project by the owner at his sole cost and expense;
(xv) erect, place, allow, keep or display signs, billboards, advertising matter, realtor lock boxes or other notices or displays of any kind on the common property including any privacy area assigned to him or in or about any unit in any manner which may make the same visible from the outside of the unit without the prior written approval of the Board;
(xvi) permit any member of his household, guests or visitors to trespass on the part of the parcel to which another owner is entitled to exclusive occupation;
(xvii)
(A) use the common driveway or roadway or any part of the common property other than for ingress to and egress from a parking area;
(B) wash motor vehicles except in such a manner as will not cause nuisance or annoyance to other owners and at such times as the Board may from time to time by regulation set forth or direct;
(C) carry out any repairs or adjustments to motor vehicles on the project;
(D) allow trailers, campers, boats, snowmobiles, trail bikes, all terrain vehicles, or any type of motor home or recreational vehicle or equipment to be parked or stored in or on the common property units;
(E) drive any motor vehicle on the common property at a speed in excess of 15 kilometres per hour or in any manner that the Board, in its sole discretion, deems hazardous or dangerous;
(F) allow a visitor to his unit to park his motor vehicle anywhere on the project except in a stall designated by the Board for visitor parking;
(G) park or store any motor vehicles or allow any member of his household to park or store any motor vehicle on those areas of the project designated for Visitor parking other than overnight parking during the hours not anticipated to be used by visitors being 11 p.m. to 8 a.m. daily or without the express consent of the Board first had and obtained;
(xviii) obstruct or permit any walkway, passage or driveways or parking areas to be obstructed by his family, guests or visitors or their vehicles;
(xix) shake mops or dusters of any kind nor throw anything out any windows in his unit, residence or on the common property, nor permit anything of this kind to be done;
(xx) allow his residential unit, or privacy area assigned to him to become unsanitary or unsightly in appearance;
(xxi) make or cause to be made any structural, mechanical, plumbing, drainage, gas system or electrical changes, alterations or additions to his residence or any structural alterations to be made to the outer boundary of any residence including load bearing walls or any ceiling or floor without first having the design and specifications of such alteration or addition approved in writing by the Board. The owner requesting such approval agrees to pay the cost of any engineer or architect engaged by the Board to review the design and specifications. Any alteration or addition made by an owner without such approval may be restored or removed by the Board or its duly authorized representative or representatives and any costs incurred by the Corporation as a result thereof shall forthwith be paid by such owner to the Corporation and shall bear interest at the Interest Rate from the time such costs are incurred until paid;
(xxii) use a toilet, sink, tub, drain or other plumbing fixture for a purpose other than that for which it is constructed;
(xxiii) allow the area around his premises to become untidy. The Board shall be at liberty to remove any rubbish or clean up the common property in close proximity to an owner’s premises to its satisfaction and charge the expense to the owner;
(xxiv) be responsible for ice and snow removal other than from his own walkways adjacent to his residential unit, back deck, front steps and front veranda;
(xxv) use his deck or veranda or other areas outside of his building for the storage of personal belongings or other goods and chattels or allow or cause any household or personal effects or articles belonging to him to be kept anywhere except inside his respective unit when not in actual use, and each owner will comply with all requests of the Board or its representatives that all household or personal effects or articles, belonging to an owner’s household be put away inside such unit when not in actual use, however, lawn furniture or a Propane or gas Barbeque on a deck or veranda is permitted;
(xxvi) feed or harbour pigeons, gulls or other birds from the deck, veranda, or windows of his unit or on the common property;
(xxvii) render a unit unfit for human habitation;
(xxviii) paint, decorate or otherwise alter any portion of the building or a unit required to be maintained by the Corporation without the express, prior, written consent of the Board;
(xxix) without the written consent of the Board, have any right of access to those portions of the common property used from time to time for mechanical systems utilities areas, building maintenance, storage areas not specifically assigned to him under By-law 58, operating machinery or any other parts of the common property used for the care, maintenance or operation of the project generally;
(xxx) use or permit to be used any draperies or window coverings that are visible from the exterior of the building unless such draperies are of a neutral, white, off-white or ivory shade, or are so lined, and shall not use foil or other opaque material on any window;
(xxxi) cook on a deck other than using a gas barbecue which is to be covered at all times when not in use, with a suitable barbeque cover that is in good condition, and that the natural gas supply valve supplying natural gas to the barbeque is to be in the off position at all times when the barbeque is not in use;
(xxxii) use or permit any member of his household, guests or visitors to use, any of the recreational facilities or amenities or any portion of the common properly except in strict accordance with any rules and regulations therefor which may be established by the Board from time to time and upon publication of a rule or regulation so made by the Board, the same shall be binding upon each occupier of a unit, his visitors and guests and any violation of such rules and regulations may result in the loss of use of the recreational amenities for a period as decided by the Board;
(xxxiii) install or put in place, leave in place, allow to be installed or put in place or left in place, any Christmas or other decorations that will be visible from the exterior of the unit with the exception of the time period between December 1st of each year to January 31st of the following year;
(xxxiv) since the parcel is developed in one or more phases, each owner agrees as follows:
(A) the owner of an unimproved and unoccupied unit shall be responsible for keeping each such unit free of debris and weeds and shall keep the unimproved unit in a neat and tidy condition. Such owner shall not be subject to pay condominium fees for such unimproved and unoccupied units;
(B) once the residences have been constructed and occupied, the Developer shall be responsible for installing landscaping, (including the roadway and sidewalks) which is of the same nature and quality as that which exists in the developed portion of the parcel.
(c) An owner shall ensure that his occupants comply with those requirements that the owner must comply with under Subsection (b) hereof.
63. 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.
64. Should the Act be amended and changed in the future, then these By-laws shall be deemed to have been amended accordingly to adopt any and all such changes to the Act which are required to be adopted to enable the Corporation to operate at all times with the full powers of the Act and to use all remedies available to it under the Act.
65. The Corporation hereby gives, grants, conveys, transfers and sets over to each owner, every transferee from it and every person deriving title from it, together with all servants, agents and invitees of each owner, the non-exclusive right, privilege and easement of a right-of-way, in, through and over and rights of ingress to and egress from and to pass and re-pass across, on and through and to remain on and use any common property unit for any purpose as is reasonably required from time to time by each owner. It is the intention of the parties hereto that the common property unit be used for any purpose by the owners and maintained by the Corporation, to the same extent, and as fully and effectively as though the common property unit were part of the common properly of the Corporation.
66. The Corporation and each owner do hereby covenant and agree that the easements, rights and privileges described herein shall be deemed to be covenants running with the land and annexed thereto and shall continue in respect of the servient tenement until such time as the parties and the City of Calgary shall agree to their extinguishment. Each of the owners may peaceably hold and enjoy the easements, rights and privileges hereby granted without hindrance, interruption or molestation.
67. In favour of the owner of every unit, whether a residential unit or a common property unit, and as appurtenant to each unit, there is implied in respect of each unit;
(a) an easement for the shelter and/or subjacent and lateral support of the unit by the common property, if any, or by every other unit capable of affording shelter and/or support; and
(b) easements for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services including telephone, radio and television services through or by means of any pipes, wires, cables or ducts for the time being existing in the parcel to the extent to which those pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the unit;
(c) as against the owner of every unit, whether a residential unit or the common property unit, there is implied in respect of each unit:
(i) an easement, to which the unit is subject, for the shelter and/or subjacent and lateral support of the common property, if any, or of every other unit capable of enjoying shelter and/or support; and
(ii) easements, to which the unit is subject, for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services including telephone, radio and television services through or by means of any pipes, wires, cables or ducts for the time being existing within the unit, as appurtenant to the common property and/or to every other unit capable of enjoying those easements.
68. The owners shall have no rights to:
(a) any balcony, or terrace, adjoining a residential unit to which exclusive use has been granted to a certain owner;
(b) an area designated by the Corporation from time to time for exclusive use by any of the owners for parking or for any other purpose; or
(c) areas reserved for exclusive use of the Corporation for the purpose of operating the building in which the residential units are located and any amenities or for any other purpose of the Corporation.
However, the Corporation (through agents or appointees if necessary) may enter upon the above-noted restricted areas to carry out the purposes and duties of the Corporation as set forth in the Act or these bylaws. The Corporation in carrying out any of its duties or obligations will do so in a good and workmanlike manner and will cause or do as little damage and inconvenience to the owner or occupier of a residential unit as is possible and any excavations or workings made or done in connection therewith shall, so far as reasonably practicable, be restored to its former condition.
69. Each owner shall not use any of the common property unit over which an easement is granted herein in any manner inconsistent with any bylaw, resolution or regulation of the Corporation relating to the use of such easement area, nor shall they bring on to or leave on the easement area any equipment, material or other thing prohibited from time to time by any bylaw, resolution or regulation.
70. Each of the parties hereto covenants that the common property unit shall at all times be owned by the Corporation, free and clear of any financial encumbrance and shall be kept in good and proper repair. The carrying out of any operations or privileges in connection with the easement granted herein will be done in a good and workmanlike manner and will cause as little damage and inconvenience as possible to the common property unit and if any damage is caused to the common properly unit by any party, such party shall restore the common property unit to its former condition as far as is reasonably practicable. The Corporation is primarily responsible for the repair and maintenance of the common property unit, however the owners agree to cooperate and assist the Corporation if required in such repair and maintenance.
71.
(a) There is hereby created in respect of each Unit shown in the Bare Land Condominium Plan in favour of the owner of that Unit, and as appurtenant thereto, easements for the provision of water (including irrigation water), sewerage and sanitary disposal, drainage, gas, electricity, garbage, artificially heated or cooled air and other services including telephone, radio and television through or by means of any pipes, wires, cables or ducts for the time being existing in the parcel to the extent to which those pipes, wires, cables or ducts are capable of being Used in connection with the enjoyment of the Unit.
(b) There is created, in respect of each Unit shown in the Bare Land Condominium Plan as against the owner of that Unit, easements to which the Unit is subject for the passage or provisions of water (including irrigation water), sewerage and sanitary disposal, drainage, gas, electricity, garbage, artificially heated or cooled air and other services including telephone, radio and television services through or by means of any pipes, wires, cables or ducts appurtenant to the common property and also to every other Unit capable of enjoying those easements.
(c) The local authority and owner of any utility service who is providing services to the parcel or to any Unit on it and the Corporation, is entitled to benefit of these easements that are appropriate to the proper provision of service provided but not to the exclusion of any other utility service.
(d) All ancillary rights and obligations which are reasonably necessary to make this easement effective, apply in respect of the easements created by this document, including the right of an owner of a dominant tenement to enter a servient tenement to install, maintain, replace, renew or restore anything from which the dominant tenement is entitled to benefit.
(e) Any unit owner, the Corporation or the local authority shall, in carrying out any operations pursuant to sub clause (d) hereof, do so in a good and workmanlike manner and will cause or do as little damage and inconvenience to the owner or occupier of a Unit as is reasonably possible and any excavations or workings made or done in connection therewith shall, so far as is reasonably practicable, be restored to its former condition.
(f) This easement does not affect the ownership or the maintenance obligations of any utility services located within the parcel. In other words, all utilities are to be treated as if the parcel was a conventional condominium development.
(g) The benefit and the burden of this easement shall run with the Land. “Land” means the parcel comprised in the Condominium Plan including all Bare Land Condominium Units and the common property.
(h) As each of the Units is both a dominant and servient tenement, this Private Utility Easement shall be construed so that each unit owner shall have granted this easement in respect of each Unit to the benefit of each unit owner in respect of the parcel save for that Unit.
(i) This easement cannot be changed or discharged without the express written consent of any utility owner, including but not limited to The City of Calgary, Telus Communications Inc. and Atco Gas.
72.
(a) The unit owner of each common property unit and the Condominium Corporation hereby grants to every other unit owner, the non-exclusive right, privilege and easement of a right-of-way, in through and over and rights to pass and re-pass across, on and through and to remain on and use the common project roadway (located on all of the common property units) in common with all of the unit owners.
(b) Every unit owner agrees that the benefit and burden of this roadway easement shall run with the land.
(c) Every unit is a dominant tenement and each of the common property units is a servient tenement in this easement.
(d) This roadway easement can not be changed without the express written consent of every unit owner.