Declaration, By-Laws, Rules and Regulations
Legal disclaimer: York Condominium Corporation No. 224 has reproduced this Declaration, By-laws, Rules and Regulations in digital format for reference purposes only. If there is a discrepancy between the digital version and the documents registered on title, the provisions of the documents registered on title shall prevail.
MADE PURSUANT TO THE CONDOMINIUM ACT FOR YORK CONDOMINIUM CORPORATION NO. 224
THIS DECLARATION made this 18th day of September 1975.
NOW THEREFORE the Declarant makes the following declarations:
1. Definitions. The following terms used herein have the meanings set out below, unless the context otherwise requires:
a. Corporation means the corporation created under the Act by the registration of this Declaration and the description.
b. Description means the description submitted for registration herewith by the Declarant under the Act.
c. Land means the land described in Schedule “a” annexed hereto.
d. Other words used herein shall, where the context permits, have the meanings ascribed to them by the Act.
2. Statement of Intention: the Declarant intents that the land and interests appurtenant to the land described in Scheduled “A” annexed hereto and in the description be governed by the Act.
a. Vertical Boundaries: The vertical boundaries on the Unit are the face and line of 2x4 wooden studs in the brick or brick veneer walls and the interior face of the 2x4 studs in all other walls, the unfinished interior surfaces of exterior doors and windows (in a closed position), the interior surfaces of garage doors (in a closed position), the interior face of the masonry walls in the protruding garages and the interior surfaces of window frames and door frames and the inner surface of windows and window frames, and the interior surface of concrete block or masonry walls dividing the units form each other. In the basement area, the Unit boundary is the unfinished interior surface of the poured concrete walls.
b. Horizontal Boundaries: The horizontal boundaries are the lower surface of the poured concrete slab for the ground or Basement floor and the garage floor and the upper surface of the ceiling dry wall (except in the case of the protruding garage and the upper floor overhang). In the protruding garage the upper horizontal boundary is the upper surface and plane of the 2x6 wood joists. In the upper floor overhang the lower horizontal boundary is the upper surface of the wooden subfloor and if applicable the unfinished underside surface of the sills of bay windows and the upper boundary is the underside surface of the mansard roof overhang of bay windows.
c. The boundaries noted above are indicated for each unit on Sheet 1 or Par t 1 being part of the description with respect to the unit number indicated thereon. The monuments controlling the extent of the units are the physical surfaces mentioned in Paragraph No. 3(a) and 3(b) hereof.
4. Consent of encumbrancers. The consent of all persons having registered encumbrances against the lands or interests appurtenant to the lands described in Schedule “A” annexed hereto is contained in Schedule “B” hereto.
5. Nature of the Condominium. The condominium consists of 66 town house units.
6. Proportions of Common Interests. Each unit owner shall own an undivided interest in the common elements in the percentage set forth opposite each unit number in Schedule "C" annexed hereto as a tenant in common with all other unit owners.
7. Contributions to Common Expenses. Each unit owner shall contribute to the common expenses in the proportion shown opposite such unit number as set out in Schedule “C” annexed hereto. Notwithstanding the foregoing the Declarant shall not be required to contribute to the common expenses in the proportion shown in Scheudle “C” annexed hereto in respect to any units as yet unsold by the Declarant. In respect of such units as yet unsold by the Declarant the Declarant shall not be required to pay any amount other than the proportionate aggregate amount of the actual operating expenses from time to time required to be paid with respect to the operation of the property and this shall exclude capital expenditures, prepared items, or inventory items.
8. Address for Service. The Corporation’s address for service shall be Suite 100, 755 York Mills Road, Don Mills, Ontario, M3B 1X4. The Corporation’s address for service may be changed in accordance with the relevant requirements in that regard set out in the Act.
9. Specifications of Common Elements. Common expenses means the expenses of the performance of the objects and duties of the Corporation and in addition, the following expenses which are hereby specified as Common Expenses:
a. The payment of realty taxes (including local improvement charges) levied against the entire property until such time as taxes are levied against each unit.
b. Remuneration payable by the Corporation to any employees deemed necessary for the proper operation and maintenance of the property.
c. Payment of any fee or other remuneration payable to any person, firm or corporation engaged by the Corporation as a manager.
d. The cost of furnishings and equipment for use in and about the common elements including the repair maintenance or replacement thereof.
e. The cost of legal, accounting and auditing services.
f. The cost of appraisals made pursuant to Paragraph 15(f) of this Declaration.
g. The fees and disbursements of the insurance trustee.
h. The cost of maintaining fidelity bonds as provided in the by-laws.
i. The cost of borrowing money for the purpose of carrying out the objects and duties of the Corporation.
j. Repayment of sums of money borrowed by the Corporation pursuant to its by-laws including interest thereon and other costs incurred in connection therewith.
k. Payment of all sums of money levied or charged on account of water supplied to the Corporation and to all units.
l. Payment of all sums of money levied or charged on account of electric power supplied to the Corporation. Payment of all sums of money levied or charged on account of the television antennae or television cable supplied to the Corporation.
10. Majority required to Make By-laws. The majority required to make by-laws of the Corporation as contemplated by the Act is specified to be a vote of members who own 75% of the common elements.
11. Provisions Respecting the Units. The occupation and use of the units shall be in accordance with the following restrictions and stipulations:
a. Each unit shall he occupied as a one-family residence by the owner oft he unit and their family and for no other purpose. For the purpose of these restrictions, “one family residence” means a dwelling occupied or intended to be occupied as a residence by one family alone and containing one kitchen, provided that no roomers or boarders are allowed. A “boarder” for the purposes of these restrictions is a person whom room and board are regularly supplied for consideration and a “roomer” for the purposes of these restrictions, is a person to whom room is regularly supplied for consideration.
b. Notwithstanding any definition or provisions in any by-law of the Borough of Scarborough, no unit shall be used in whole or in part for any commercial or professional purpose involving the attendance of the public at such unit without the prior written consent of the Corporation. Without limiting the generality of the foregoing, no unit or part of thereof, shall be used as an office by a doctor, dentist, chiropractor, drugless practitioner, or other professional person without such prior written consent.
c. No outer boundary or partition wall, door or window, toilet. bathtub or washbasin in a unit shall be installed, removed, moved, extended or otherwise altered without the prior written consent of the Corporation.
d. Nothing shall be done, or permitted to be done or brought into, or kept in a unit which will in any way increase the risk of fire, or the rate of fire insurance on the property (or part thereof) or on chattels kept within unit, or which will give rise to the cancellation of any policy of insurance affecting such property and or chattels. If any of the unit owner shall do or permit anything to be done in the unit and or common elements which the premium rate of any such policy or policies of insurance then the relevant unit owner shall pay in his monthly contribution towards the common expenses after receiving notice from the Corporation all increases in premiums in respect of such policy or policies of insurance. All payments pursuant to this clause are deemed to be additional contributions towards the common expenses and recoverable as such.
e. No antenna, aerial, tower or similar structure or appurtenances thereto shall be erected on or fastened to any unit. except for and in connection with a common television cable system supplied to the Corporation.
f. No portion of a unit required by this Declaration to be maintained by the Corporation, shall be painted, decorated, altered or otherwise affected by anyone other than the Corporation.
g. Nothing herein contained shall prevent and no by-law shall be made to prevent the Declarant from completing the buildings and all improvements to the property, remedy defects, maintaining units as models for display and sale purposes and otherwise marketing units and maintaining marketing and or construction offices, displays and signs provided that they are in accordance with the applicable by-laws of the municipality in which the property is situate.
h. Nothing herein contained shall prevent and no by-law shall be made to prevent the Declarant from renting any of the units form time to time as a one-family residence.
12. Provisions respecting the Common elements. Each unit shall have the full use and enjoyment of all common elements, subject to the by-laws of the Corporation and subject to the restrictions and stipulations following:
a. Spaces 1 to 66 inclusive, with Affix A, have been marked on Sheet 2 of Part 1 of the description. Each space is allocated to the owner of a unit identified by the same number to be used exclusively by him for the purposes of a driveway, subject to he provisions of this Declaration. The owner of a unit will also have exclusive use of the entrance porch if applicable (which includes any steps attached thereto and any storage area below).
b. Spaces 1 to 66 inclusive, with Affix B, have been marked on Sheet 2 of Part 1 of the description, each space is allocated to the owner of the unit identified by the same number to be used exclusively by him for the purposes of a patio terrace and or porch if applicable, and rear yard, subject to the provisions of this Declaration.
c. The Corporation shall have access to and the right to use such parts of the heating, electrical or plumbing systems and may protrude into Spaces 1 to 66 inclusive with Affix A and or Spaces 1 to 66 inclusive with Affix B as hereinbefore referred to in order to fulfill its obligations respecting the care and maintenance of the property.
d. No unit owner shall, without the written consent of the board, have access to those parts of the common elements used form time to time for building maintenance and or storage, manager’s office of any other part of the common elements used for the care or maintenance of the property.
13. Repair and Maintenance of Units and Common elements.
a. By the owners. All maintenance of and repairs to any unit shall be made by the owner of such unit and each owner shall be responsible for all damage to any and all other units and to the common elements, that his failure so to do may engender, save and except such damage to the common elements as may be covered by insurance. The Corporation may make any repairs that an owner is obligated to make and which he does not make within a reasonable time. Should such repairs be made by the Corporation, such owner shall be deemed to have consented to having the same made by the Corporation and such owner shall be obliged to reimburse the Corporation for the cost of such repairs.
b. By the Corporation. Except as hereinafter specifically excluded, all repairs and maintenance of the common elements shall be made by the Corporation including without limiting the generality of the foregoing, the following:
i. all portions of the common elements contributing to the support of the units, including without limiting the generality of the foregoing, all outside and boundary walls;
ii. all outside painted surfaces, outside surfaces or exterior doors and door pains and door frames, exterior windows and windows panes and window frames, roofs and evestroughs that are constructed or installed at the date of registration of this Declaration and the description;
iii. all conduits, ducts, plumbing, sewers, wiring and other facilities for the furnishing of utility services of the units;
iv. all lawns and landscaping areas, sidewalks, walkways, driveways, visitors’ parking areas, electric wiring circuits and lighting fixtures and light bulbs and televisions antenna in the common elements and all sewer and water pipes in the common elements.
c. Additions, Alterations or Improvements by the Owners. No owner shall make any structural changes to his unit or any installation upon the common elements or maintain, decorate, paint, alter, fence or repair any part of the common elements without the prior written consent of the Board. Any such change shall, if approved by the Board, be made in accordance with the provisions of all relevant municipal and other governmental by-laws, rules, regulations and ordinances and in accordance with such conditions as the Board may see fit to attach to its approval. Notwithstanding the foregoing, each unit owner may plant shrubs or flowers in such portions of the common elements to which he has exclusive use provided that ll such plantings shall be subject to the provisions of this Declaration an the by-laws and each unit owner maintains all such planting in a neat and orderly fashion.
d. Windows. Each unit owner shall be responsible for maintaining the interior surfaces of all windows in a neat and cleanly manner and shall also replace at his own expose all windows which become damaged or broken.
14. Damage to the Buildings. Where the Board has determined whether there has been substantial damage to 25 percent of the buildings, notice of such determination shall within ten (10) days thereof be given to the owners and mortgagees entered in the register kept for such purpose in accordance with the provisions of By-law No. 1 of the Corporation. Such notice shall be by prepaid registered mail and may be combined with the notice to owners of a meeting of members called for the purpose of voting for repair, or termination of the condominium Corporation.
15. The Corporation shall be required to obtain and maintain the following insurance:
a. Insurance against damage by fire and extended coverage and such other perils as the Board may from time to time deem advisable, insuring:
i. the property excluding the units;
ii. the personal property owned by the Corporation, but not including furnishings, fixtures or other personal property supplied or installed by the owners: in an amount equal to the full replacement costs of such real and personal property without deduction for depreciation, which policy may be subject to a loss deductible clause.
b. Insurance against damage by fire and extended coverage and such other perils as the Board may from time to time deem advisable, insuring the units as they existed at the date of registration of this Declaration and excluding any additions and or improvements made by the owners, in an amount equal to the full replacement costs of such units. Such policy or policies of insurance shall provide that loss shall be payable to the Insurance Trustee and that Corporation shall have the exclusive right to adjust any loss with the insurer and the owner of a damaged unit shall be bound by such adjustment. In the event that:
i. The Corporation is obliged to repair any unit in accordance with the revisions of this Declaration and Section 17(2) of the Act. The insurance trustee shall hold all proceeds for the Corporation and pay the same to the Corporation in order to satisfy its obligations to make such repairs;
ii. There is no obligation by the Corporation to repair any unit in accordance with the provisions of Section 17(2) of the Act, and there is termination in accordance with the provisions of Section 18 of the Act or otherwise, the Insurance trustee shall hold all proceeds for the owners in the proportion to their respective interests in common elements and shall pay such proceeds to the owners in such proportions upon registration of a notice of termination by the Corporation;
iii. the Board in accordance with the provisions of Section 17(1) of the Act, determines that there has not been substantial damage to 25 percent of the buildings, such proceeds shall be held by the Insurance Trustee and paid to the Corporation and to such owners whose units have been damaged, as their respective interests may appear. Notwithstanding anything to the contrary herin contained, any proceeds payable by the Insurance Trustee to the owners shall be subject to payment in favour of any mortgages to whom such loss shall be payable in such policy of insurance, and in satisfaction of any liens registered by the Corporation against such unit.
c. Public liability and property damage insurance insuring the liability of the Corporation with limits to be determined by the Board but in no event for less than one million dollars ($1,000,000.00).
d. The insurance referred to in sub-paragraphs (a) (b) and (c) hereof shall be placed with an insurer chosen by the Corporation and no transfer of insurance will be permitted without prior approval by the Corporation.
e. Each unit owner shall be responsible for his own insurance on the contents of his own unit and his additions and improvements thereto and the decorating and furnishing and personal property therein and his personal property stored on the common elements and his personal liability to the extent not covered by any liability insurance obtained by the Corporation.
f. All policies of physical damage insurance placed by the Corporation shall insure the interest of the Corporation and the owners from time to time as their respective interests may appear and shall contain waivers and subrogation rights against the Corporation and the owners, except for arson, fraud and vehicle impact and shall provide that such policies may not be cancelled or substantially modified without at least thirty (30) days prior written notice to all parties whose interests appear thereon and to the Insurance Trustee. Subject to the provisions of subparagraph (b) of this Paragraph 15 such policy shall provide that loss shall be payable to the Corporation and the Insurance Trustee where such loss exceeds an amount equal to one (1%) percent of the total amount of the insurance in such policy, otherwise loss shall be payable t o the Corporation. Prior to obtaining any policy of insurance or any renewal thereof, the Board shall obtain an appraisal from an independent qualified appraiser, of the full replacement cost of the property, for the purpose of determining the amount of insurance to be effected pursuant to this Paragraph 15 and the cost of such appraisal shall be a common expense. Further appraisals may be obtained at the discretion of the Board. Such policy or policies of physical damage insurance shall provide that no act or omission of the Corporation or the owners of the units or any breach of any statutory condition shall render the policy or policies void. A duplicate original or certified copy of such policy or policies shall be furnished to mortgagees entered in the register kept by the Corporation; a certified copy of certificate of the relevant policy or policies shall also be furnished to the owners entered in the register. A renewal certificate or duplicate original copy or certified copy of any policy or polices renewing or replacing any policy in force from time to time shall be furnished to mortgagees entered in the register at least ten (10) days prior to the expiration of the policy being renewed or replaced. In no even shall the coverage provided by such policy or policies be brought into contribution with any insurance coverage provided by a unit owner.
g. Insurance trustee: The Corporation shall enter into an agreement with an insurance Trustee which shall be either a Trust Company registered under The Loan and Trust Corporations Act or a Chartered Bank, which agreement shall without limiting its generality, provide for the following:
i. the receipt by the Insurance Trustee of any proceeds of insurance payable to the Corporation where such proceeds exceed an amount equal to one (1%) percent of the total amount of insurance in such policy;
ii. receipt by Insurance Trustee of any proceeds of insurance payable to the Insurance Trustee as required by Paragraph 15 of this Declaration;
iii. the holding of such proceeds in trust for those entitled thereto;
iv. the disbursement of such proceeds in accordance with the provisions of the Instance Trust Agreement.
In the event that that the Corporation is to enter into such agreement with such Trust company,. or such Chartered Bank by reason of their refusal to act, the Board may enter into such agreement with such other Corporation authorized to act as a Trustee, as in its discretion the Board may deem advisable.
The Corporation shall pay the fees and disbursements of any insurance Trustee and any such fees and disbursements shall constitute a common expense.
16. Units subject to Declaration, By-laws and Rules and Regulations.
a. All present and future owners, tenants and residents of units shall be subject to and shall comply with the previsions of this Declaration, the By-laws and the rules and regulations of the Corporation. The acceptance of a deed or transfer or the entering into a lease or the entering into occupancy of any unit shall constitute an agreement that the provisions of this Declaration, the By-laws and the rules and regulations of the Corporations as they may be amended from time to time area accepted and ratified by such owner, tenant or resident and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any persona having any time, any interest or estate in such units as though such provisions were recited and stipulated in full in each and every such deed or transfer of lease.
b. For the purpose of this section if any owner desires to lease his premises, then he shall furnish to the Corporation an Undertaking signed by the Lessee that the Lessee and other residents of the unit will comply with the provisions of the Act, the Declaration, the By-laws and the rules and regulations of the Corporation relating to the use of the unit and common elements. Any owner making a lease shall not be relieved from any of his obligations which shall be joint and several with his lessee.
17. Indemnification. Each owner shall indemnify and forever save harmless the Corporation from and against any loss, costs, damage, injury or liability whatsoever which the Corporation may suffer or incur resulting from or caused by any act or omission of such owner, his family or any member thereof, any other resident of his unit, or any guest, invitee, or licensee of such owner or resident to or with respect to the common elements and or all other units except for any xxxxxdamage, injury or liability insurance against by the Corporation.
18. Severability. The invalidity of any provision of this Declaration shall not be deemed to impair or affect in any manner the validity or enforceability or effect of the remainder of this Declaration and in the event that any provision hereof is invalid, all of the other provisions of this Declaration shall continue in full force xxx as if such invalid provision had never been included herein.
19. Xxx-Waiver. Any excusing, condoning or overlooking by the Corporation or by the owner of any default, breach or non-observance by the Corporation or by any owner or owners at any time of any covenant, proviso, condition or regulation in the Declaration, the Description, the By-laws, the Act, any rule or regulation or any instrument completed by the Corporation or the owner or owners, shall not operate as a waiver of the rights of the Corporation or the owner or xxxx as the case may be in respect of any subsequent breach, default or non-observance of the terms of such instrument or instruments, shall not defeat or affect in any way the rights of the Corporation or the owner or owners as the case my be in respect of any subsequent default or breach.
20. Xxxxx of Declaration. This Declaration shall be read with all changes in number and gender required by the context.
21. Headings. The headings in the body of this Declaration form no part of the Declaration, but shall be deemed to be inserted for convince of reference only.
BY-LAW No. 1
BE IT ENACTED as a By-law of York Condominium Corporation ~0242 (hereinafter referred to as the "Corporation") as follows:
The terms used herein shall where the context permits have ascribed to them the definitions contained in The Condominium Act. Revised Statutes of Ontario, 1970, Chapter 77, And amendments thereto, hereinafter called "the Act".
The corporate seal of the Corporation shall be in the form impressed hereon.
The Corporation shall keep a register (hereinafter called "the register") respecting the property which shall note the name and address of the owner and mortgagee of each unit who have notified the Corporation of their respective interests in the property. The address of each owner shall be the address of his unit and the address of each mortgagee shall be the address shown for him on his mortgage registered in the Office of Land Titles, unless the Corporation is given notice of a different address by such owner or mortgagee.
MEETING OF MEMBERS
1. Annual Meeting: The annual meeting of the members shall be held at such place within the Province of Ontario at such time and on such day in each year as the Board may from time to time determine, for the purpose of hearing and receiving the reports and statements required by the Act and the by-laws of the corporation, to be read at and laid before the members at an annual meeting; electing directors; appointing the auditor and fixing or authorizing the Board to fix his remuneration and for the transaction of such other business as may properly be brought before the meeting. Not more than (15) months shall elapse between the dates of two successive annual general meetings. The first annual general meeting shall be held within three (3) months of the date of registration of the declaration or within thirty (30) days after sixty per cent (60%) of the units have been sold and transfers or deeds thereto have been registered, whichever of such times is earlier.
2. Special Meeting. The board elected at a time when the declarant owns a majority of the units shall, not more than twenty-one days after the declarant ceases to be the registered owner of a majority of the units, call a meeting of the members of the corporation to elect a new board of directors, and such meeting shall be held within twenty-one days after the calling of the meeting.
The Board shall have the power at any time to call a special meeting of the members of the Corporation to be held at such time and at such place within the Province of Ontario as may be determined by the Board.
The Board shall also call such special meeting upon requisition made in writing by twenty-five (25%) percent of the persons entitled to vote within ten (10) days of the giving of such notice. If the Board does not within ten (10) days from the date of such notice call such meeting, which shall be held within fourteen (14) days from the date of the calling thereof, any of the owners or mortgagees who gave such notice may call such meeting which shall be held within thirty (30) days from the date of calling of such meeting.
3. Requisition for Members Meeting. The Board shall upon receipt of a requisition in writing made by members of the Corporation who together own at least 25% of the common elements call and hold a meeting of the members of the corporation and if the meeting is not called and held within thirty (30) days of receipt of the requisition, any other requisitionist may call the meeting and in such case the meeting shall be held within sixty days of receipt of the requisition. The requisition shall state the nature of the business to be presented at the meeting and shall be signed by the requisitionist and deposited at the address for service of the corporation.
4. Notices. Notice of the time and place of every meeting of the members of the corporation shall be given not less, than ten (10) days before the day on which the meeting is to be held, to the auditor of, the Corporation and to each owner and mortgagee who is entered on the register 12 days before the date on which the meeting is to be held. The Corporation shall not be obliged to give notice to any mortgagee who has not notified the Corporation that he has become a mortgagee and has been authorized or empowered in his mortgage to exercise the right of the mortgagor to vote. Notice of meetings as hereinbefore required shall have appended to it an agenda of matters to be considered at such meeting. Notice of meeting shall be given to each member and to each mortgagee who is entered on the register 12 days before the date of the meeting, personally or by prepaid mail addressed to him at the address provided for under Article Ill hereof. Meetings may be held without notice if all members entitled to vote are present or if those not present waive notice.
5. Removal of directors and filling of vacancies. If a vacancy in the membership of the board occurs, the majority of the remaining members of the board may appoint any person qualified to be a member of the board under the declaration or by-laws to fill the vacancy for the remainder of the term. Any director may be removed before the expiration of his term by a vote of members who together own a majority of the units and the members may elect any person qualified to be a member of the board under the declaration or by-laws for the remainder of the term of the director removed.
6. Persons Entitled to be Present. The only persons entitled to attend a meeting of members shall be the owners and mortgagees entered on the register, and any others entitled to vote thereat and the auditor of the Corporation and the directors and officers of the Corporation and others who, although not entitled to vote, are entitled or required under the provisions of the Act or the by-laws of the Corporation to be present at the meeting Any other person may be admitted only on the invitation of the Chairman of the meeting or with the consent of the meeting.
7. Quorum. At any meeting of members, a quorum shall consist of not less than persons entitled to vote preset in person, or holding or representing by proxy not less than 33 1/3 % per cent of the common elements. If thirty (30) minutes after the time appointed for the holding of any meeting of members, a quorum be not present, the meeting shall be dissolved and shall stand adjourned to the same time on the corresponding day of the next week, at such place within the Province of Ontario as the Board shall determine. Notice of the time, day and place of the convening of such adjourned meeting shall be given to all persons entitled to notice of the dissolved meeting not less than three prior to the convening of such meting, and if thirty (30) minutes after the convening of such meeting a quorum be not present, those members who are present in person or by proxy and entitled to vote shall be deemed to be a quorum, and may transact all business which a full quorum might have done.
8. Right to Vote. At each meeting of members, every member shall be entitled to vote who is entered on the register as an owner or has given notice to the Corporation in a form satisfactory to the Chairman of the meeting that he is an owner, and who is not in arrears respecting any obligation due to the Corporation. If a unit has been mortgaged the person who mortgaged such unit (or his proxy) may may nevertheless represent such unit at meetings and vote in respect thereof, unless in the instrument creating the mortgage he has expressly authorized or empowered the mortgagee to vote, in which case such mortgagee (or his proxy) may attend meetings and vote in respect of such unit upon filing-with the Secretary of the meeting sufficient proof of the terms of such instrument or if such mortgagee has notified the Corporation of his rights in accordance with Paragraph 4 of this Article, and if such mortgagee notifies the Corporation and the owner of his intention to exercise the right to vote at least two days before the date specified for the meeting in the notice calling the same. Any dispute over his right to vote shall be resolved by the Chairman of the meeting upon such evidence as he may deem sufficient. The vote of each such owner or mortgagee shall be equal to the percentage of common interest of the unit represented by such owner or mortgagee as set out in the Declaration.
9. Representatives: An executor, administrator, committee of a mentally incompetent person, guardian or trustee (and where a Corporation acts in such capacity any person duly appointed a proxy for such Corporation) upon filing with the Secretary of the meeting sufficient proof of his appointment, shall represent the owner or mortgagee at all meetings of the members of the Corporation and may vote in the same manner and to the same extent as such member, to the exclusion of the person beneficially interested. If there be more than one executor, administrator, committee, guardian or trustee, the provisions of Paragraph 11 of this Article shall apply.
10. Proxies: Every member or mortgagee entitled to vote at meetings of member may by instrument in writing appoint a proxy, who need not be a member or mortgagee, to attend and act at the meeting in the same manner, to the same extent and with the same power as if the member or mortgagee were present at the meeting. The instrument appointing a proxy shall be in writing signed by the appointor or his attorney authorized in writing. The instrument appointing a proxy shall be deposited with the Secretary of the meeting before any vote is cast under its authority.
11. Co-owners: If a unit or a mortgage on a unit is owned by two or more persons, any one of them present or represented by proxy may in the absence of the other or others vote, but if more than one of them are present or represented by proxy, they shall vote in the same way, failing which the vote for such unit shall not be counted.
12. Votes to govern: At all meetings of members every question shall, unless otherwise required by the Act or the Declaration or by-law be decided by a majority of the votes as defined in Paragraph 7 of this Article, duly cast on the question.
13. Method of Voting: At any general or special meeting a resolution by the vote of the meeting shall be decided in a show of hands been carried as prima facia proof of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution.
14. Polls: The poll it demanded may be taken in the manner as the Chairman thinks fit. The Chairman shall appoint two scrutinies from the meeting to conduct the poll and the scrutineers determination of the result of the poll shall be binding and final on the meeting.
15. Equality of Votes: In case of an equality of votes, whether on a show of hands or on a poll, the Chairman of the meting is entitled to a casting vote in addition to his original vote.
1. Duties of the Corporation: The Corporation has the following duties in addition to but without limiting those specified by The Act and the Declaration:
a. operation, care, upkeep and maintenance of the common elements;
b. collection of the common element charges from the owners or from the mortgagee if same are collected by the mortgagee and deposit same in a separate account with a Chartered Bank, loan or trust company;
c. supplying water to the building, except where the Corporation is prevented from carrying out such duty by reason of any event beyond the reasonable control of the Corporation. If any apparatus or equipment used in effecting the supply of water-at any time becomes incapable of fulfilling its function or is damaged or destroyed, the Corporation shall have a reasonable time within which to repair or replace such apparatus and the Corporation shall not be liable for indirect or consequential damages or for damages for personal discomfort or illness by reason of the breach of such duty;
d. obtaining and maintaining insurance for the properly as may be required by the declaration or by-laws;
e. repairing and restoring of the common elements in accordance with the provisions of the Act the declaration and by-laws;
f. obtaining and maintaining fidelity bonds where obtainable, in such amounts as the Board may deem reasonable, for such officers and directors or employee as are authorized to receive or disburse any funds on behalf of the Corporation;
g. causing audits to be made after every year's end and making auditors' statements available to the owners and mortgagees;
h. maintenance of personnel necessary for the maintenance and operation of the common elements, and in so doing, the Corporation may delegate to such personnel all its powers and duties, except those specifically required by the Act to be exercised by the Corporation or by its Board of Directors;
i. adoption and amendment of rules and regulations required for the operation and use of the property;
j. investing reserves held by the Corporation, from time to time, provided that such reserves shall be invested in investments authorized for Trustees by the Trustee Act, Revised Statutes of Ontario, 1970 Chapter 470 and amendments thereto, and convertible into cash in not more than ninety (90) days;
k. calling a general meeting of owners of units within three (3) months of the registration of the declaration and description, or within one (1) month after sixty (60%) per cent of the units have been sold and transfers recorded in the Condominium Register, whichever is later, and calling annual meetings of members once in each calendar year and allowing no more than fifteen (15) months to elapse between annual meetings.
BOARD OF DIRECTORS
1. The affairs of the Corporation shall be managed by the Board, which may exercise all of the rights, duties and powers conferred on the Corporation by the Act, Declaration or any by-laws of the Corporation. Notwithstanding the foregoing, the Corporation itself must exercise those rights and powers which are required by the Act to be exercised by a vote of a majority of members.
2. Quorum: Until changed by a by-law, the number of directors shall be five (5) of whom three (3) shall constitute a quorum for the transaction of business at any meeting of the board. Notwithstanding vacancies, the remaining directors may exercise all the powers of the board so long as a quorum of the board remains in office.
3. Qualifications: Each director shall be twenty-on. (21) or more years of age and need not be a member of the Corporation.
4. Election and term: The directors of the Corporation shall be elected in rotation and upon the expiration of their respective term of office shall retire, but shall be eligible for re-election. At the first general meeting of the Corporation held to elect directors, two directors shall be elected to hold office for a term of one year from the date of their election, two directors shall be elected to hold office for a term of two years from the date of their election and one director shall be elected to hold office for a term of three years from the date of his election. At each annual meeting thereafter a number of directors equal to the number of directors retiring in such year shall be elected for a term of three years.
5. Removal of directors and filling of vacancies: The members may by resolution passed by majority vote at a meeting of members called for such purpose remove any director before the expiration of his term of office. The members may elect a person in place of any director who has been removed, died or resigned for the remainder of his term, at any annual or special meeting.
6. Calling of Meetings: Meetings of the board shall be held from time to time at such place and at such time and on such day as the President and a Vice-President who is a director or any two directors may determine, and the Secretary shall call meetings when directly authorized by the President or by the Vice-President who is a director or by any two directors. Notice of any meetings so called shall be given personally, by ordinary mail or telegraph to each director no less than forty-eight hours (excluding any part of a Sunday or of a holiday as defined by the Interpretation Act of Canada for the time being in force) before the time when the meeting is to be held, save that no notice of a meeting shall be necessary if all the directors are present and consent to the holding of such meeting or if those absent have waived notice of or otherwise signified in writing their consent to the holding of such meeting.
7. Regular meetings: The board may appoint a day or days in any month or months for regular meetings at a place and hour to be named. A copy of any resolution of the board fixing a place and time of regular meetings of the board shall be sent to each director forthwith after being passed, but no other notice shall be required for any such regular meeting.
8. First meeting of new board: The board may without notice hold its first meeting for the purpose of organization and the election and appointment of officers immediately following the meeting of members at which a director or directors of such board was eluted, provided a quorum of directors be present.
9. Interest of directors in contracts: No director shall be disqualified by his office from contracting with the Corporation nor shall any contract or arrangement entered into by on behalf of the Corporation with any director or in which any director is in any way interested be avoided, nor shall any director so contracting or being so interested be liable to account to the Corporation for any profit realized by any such contract or arrangement by reason of such director holding such office or of the fiduciary relationship thereby established provided that the provisions of paragraph 10 of this Article VI are complied with.
10. Declaration of interest: It shall be the duty of every director of the Corporation who is in any way, whether directly or indirectly, interested in a contract or arrangement or proposed contract or arrangement with the Corporation to declare such interest and to refrain from voting in respect thereto, provided, however, that such prohibition against voting shall not apply during such time as the Declarant who registered the Description is represented on the board by three or more directors.
11. Protection of directors and officers: No director or officer of the Corporation shall be liable for the acts, neglect or default of any other director or officer or for joining in any act for conformity or for any loss or expense happening to the Corporation through the insufficiency or deficiency of title to any property acquired by order of the board for or on behalf of the Corporation, or for the insufficiency or deficiency of any security in or upon which any of the monies of the Corporation shall be invested or for any loss or damage arising from the bankruptcy, insolvency or tortious act of any person with whom any of the monies, securities or effects of the Corporation shall be deposited or for any loss occasioned by an error of judgement or oversight on his part or for any other loss, damage or misfortune whatsoever which shall happen in the execution of the duties of his office or in relation thereto, unless the same shall happen through his own dishonest or fraudulent act or acts.
12. Indemnity of Directors and Officers: Every director or officer of the Corporation and his heirs, executors and administration and estate and effects respectively shall from time to time and at all times be indemnified and saved harmless out of the funds of the corporation from and against
a. all costs, charges and expenses whatsoever which such director or officer sustains or incurs in or about any action, suit or proceeding which is brought, commenced or prosecuted against him for or in respect of any act, deed, matter or thing whatsoever made, done or permitted by him in or about the execution of duties of his office, except dishonest or fraudulent act or acts,
b. all other cons, charges and expenses which he properly sustains or incurs in or about or in relation to the affairs thereof.
1. Elected Officers: At the first meeting of the board after each election of directors the board shall elect from among its members a President. In default of such election, the then incumbent, if a member of the board, shall hold office until his successor is elected. A vacancy occurring from time to time in such office may be filled by the board from among its members.
2. Appointed Officers: From time to time the board shall appoint a Secretary and may appoint one or more Vice-Presidents, a General Manager, a Treasurer and such other officers as the board may determine, including one or more assistants to any of the offices so appointed. The officer so appointed may but need not be a member of the board. One personal may hold more than one office and if the same person holds the office of the secretary and office of treasurer he may be known as Secretary-Treasurer.
3. Term of Office: In the absence of written agreement to the contrary the board may remove at its pleasure any officer of the Corporation.
4. Duties of the Officers: The duties of the officers of the Board shall be determined by the Board from time to time.
BANKING ARRANGEMENTS AND CONTRACTS
1. Banking Arrangements: The banking business of the Corporation or any part therof shall be transacted with such bank or trust company as the board may designate, appoint or authorize form time to time by resolution and all such banking business or any part thereof shall be transacted on the Corporation’s behalf by such one or more officers or other persons as the board may designate, direct or authorize from time to time by resolution and, to the extent therein provided, including, without restricting the generality of the foregoing, the operation of the Corporation’s accounts, the making signing, drawing, accepting, endorsing, negotiating, lodging, depositing or transferring of any cheques, promissory notes, drafts, acceptances, bills of exchange and orders relating to any property of the Corporation; the execution of any agreement relating to any such banking business and defining the rights and powers of the parties thereto; and the authorizing of any officer of such banker to do any act or thing on the Corporation’s behalf to facilitate such banking business.
2. Execution of Instruments: Deeds, transfers, assignments, contracts and obligations on behalf of the Corporation may be signed by the President or a Vice-President together with the Secretary or any other director. Any contract or obligations within the scope of any management agreement entered into by the Corporation may be executed on behalf of the Corporation in accordance with the provisions of such management agreement. Notwithstanding any provisions to the contrary contained in the by-laws of the Corporation the board may at any time and from time to time direct the manager in which and the person or persons by whom any particular deed, transfer, contract or obligation or any class of deeds, transfer, contract or obligations of the Corporation may or shall be signed.
Until otherwise ordered by the board, the financial year of the Corporation shall end on the 31st day of December in each year or on such other day as the board by resolution may determine.
1. Method of Giving Notice by the Corporation: Any notice, communication or other document, including budgets and notices of assessments required to be given or delivered by the Corporation, shall be sufficiently given if delivered personally to the person to whom it is to be given or if delivered to the address noted in the register, or if mailed by prepaid ordinary mail or airmail in a sealed envelope addressed to him at such address or if sent by means of wire or wireless or any other form or transmitted or recorded communication, to such address. Any notice, communication or other document to be given by the Corporation to any other person entitled to notice and who is not a member shall be given or delivered to such person in the manner aforesaid to the address shown for him on the register. Such notice, communication or document shall be deemed to have been given when it is delivered personally or delivered to the address aforesaid; provided that a notice, communication or document so mailed shall be deemed to have been given when deposited in a post office or public letter box, and a notice sent by any means of wire or wireless or any other form or transmitted or recorded communication shall be deemed to have been given when delivered to the appropriate communication company or agency or its representative for dispatch.
Notwithstanding the foregoing, where by the Declaration or By-laws of the Corporation or otherwise notice is to be given to mortgagees by registered mail, such notice shall be sent to the mortgagees entered in the register by prepaid registered mail addressed to-each such mortgagee at the address referred to in Article III hereof and such notice shall be deemed to have been given when mailed as aforesaid.
2. Notice to the Board or Corporation: Any notice, communication or other document to be given to the Board or Corporation shall be sufficiently given if mailed by prepaid ordinary mail or airmail in a sealed envelope addressed to it at the address for service of the Corporation set out in the Declaration. Any notice, communication or document so mailed shall be deemed to have been given when deposited in a post office or public letter box.
3. Omissions and Errors: The accidental omission to give any notice to anyone entitled thereto or the non-receipt of such notice or any error in any notice not affecting the substance thereof shall not invalidate any action taken as a result of such notice or otherwise founded thereon.
4. Persons entitled by death or operation of law: Every person who by operation of law, transfer, death of a member or by any other means whatsoever shall become entitled to vote at meetings, shall be bound by every notice in respect of such vote which shall have been duly given to the person from whom he derives his title to such vote previous to his registration in the Register (whether it be before or after the happening of the event upon which he becomes entitled).
ASSESSMENT AND COLLECTION OF COMMON EXPENSES
1. Duties of the Board: All expenses, charges and costs of maintenance or replacement of the common elements and any other expenses, charges or costs which the board may incur or expend pursuant hereto shall be assessed by the board and levied against the owners in the proportions in which they are required to contribute to the common expenses as set forth in the Declaration. The board shall from time to time and at least annually prepare a budget for the property and determine by estimate the amount of common expenses for the next ensuing fiscal year or remainder of the current fiscal year (as the case may be). The board shall present the estimated budget at a meeting of the members and the owners shall consider the estimated budget and if satisfactory, shall approve in principle the budget at such time. The board shall allocate and assess such common expenses as set out in the approved budget for such period among the owners, according to the proportion in which they are required to contribute to the common expenses as set forth in the Declaration. In addition to the foregoing expenses the board may include in the budget provisions for a reserve fund for contingencies, working capital, deficits or replacements, as more particularly set out in sub-paragraph 6 hereof. The board shall advise all owners in writing of the amount of common expenses payable by each of them respectively from time to time and shall deliver copies of each budget on which such common expenses are based, to all owners and mortgagees entered on the Register.
2. Owner's Obligations: From and after the date of recording of a deed or transfer to the first purchaser of a unit, the Corporation shall collect form each purchaser on or about the first day of each month his fixed share of the common expenses. The Declarant shall have exclusive control of the common expense funds until the first general meeting of the Corporation and shall have the authority to employ the said funds for the benefit of all of the unit owners.
3. Additional Expenditures: Expenditures not contemplated in the foregoing budget and for which the board shall not have sufficient funds may be assessed at any time during the year in addition to the annual assessment, by the board serving notices of such further assessment on all owners which shall include a written statement setting out the reasons for the further assessment, and such further assessment shall be payable by each owner within ten (10) days after the delivery thereof to such owner, or within such further period of time and in such installments as the board may determine.
4. The common expenses shall be paid by each unit owner on the first day of each and every month and if required by the mortgagee of his unit, shall be paid by the unit owner to such mortgagee.
5. Conveyance of Unit. No owner shall be liable for the payment of any part of the common expenses assessed against his unit prior to a transfer by him of such unit but payable by him subsequent thereto, provided that he first gives notice of such assessment to the transferee of the unit.
6. Contingency Operating Reserve. Upon the purchase of each unit from the Declarant or at any time thereafter, at the request of the Corporation, each unit owner, excluding the Declarant, shall deposit with the Corporation an amount equal to two times the monthly assessment required by each unit owner. Such amount shall be held, together with the amounts similarly deposited by other unit owners as a contingency operating reserve for common expenses and shall be used to meet deficits and other common purposes as may be required by the Corporation. The said fund shall be deemed part of the common elements and in the event of sale by a unit owner, he shall not be entitled to a refund of his contingency operating reserve contribution or any portion thereof. All his interest in the said portion of his contribution then remaining shall enure to the benefit of the purchaser of his unit.
7. Unsold Units. Respecting any units as yet unsold by the Declarant, the Declarant shall not be required to pay any amount other than the proportionate aggregate amount of the actual operating expenses from time to time required to be paid with respect to the operation of the property and this shall exclude capital expenditures, prepaid items or inventory items. The Declarant shall further have the right to use any unsold units for sale and promotional purposes and shall have the right to to utilize the common elements for such purposes and in such manner as the Declarant shall reasonably require.
8. Default in payment of assessment.
a. Arrears of payments required to be made under the provisions of this Article XI shall bear interest at a rate equal to two percent above the prime interest rate charged from lime to time by the Toronto-Dominion Bank to its customers in the Municipality of Metropolitan Toronto and shall be compounded monthly until paid.
b. In addition to any remedies or liens provided by the Act, if any owner is in default in payment of an assessment levied against him, for a period of fifteen (15) days, the board may bring legal action for and on behalf of the Corporation to enforce collection thereof and mere shall be added to any amount found due all costs of such action including costs as between a solicitor and his own client.
1. Notice of unpaid common expenses: The board whenever so requested in writing by an owner or mortgagee entered on the register shall promptly report any then unpaid common expenses due from, or any other default by any owner, and any common expenses assessed or other money claims by the Corporation against any owner, which are in default.
2. Notice of Default: The board when giving notice of default in payment of common expenses or any other default to the owner of the unit, shall concurrently send a copy of such notice to each mortgagee of such unit, who is entered on the register, and who has requested that such notices be sent to him.
DUTIES OF THE DECLARANT
Representatives of the Declarant in their capacities as provisional directors shall perform all the duties of the Corporation set forth in these by-laws the date of the first general meeting after which time the Corporation shall assume all of its duties as herein set forth.
RULES AND REGULATIONS
1. Provisions relating to the use of the common elements:
i. the sidewalks, walkways, passageways and driveways shall not be obstructed or used for any other purpose than ingress to and egress from the units and parking areas within the common elements.
ii. no motor vehicle other than a private passenger automobile shall be parked in the parking spaces within the common elements.
iii. no motor vehicle shall be driven on any part of the common elements, other than on a driveway or parking space.
iv. no motor vehicle, house, tent or other trailer, boat, snow-mobile, mechanical toboggan, machinery or equipment of any kind shall be parked on any of the common elements, other than as provided in sub-paragraph iii hereof.
v. no repairs or adjustments to motor vehicles or automobiles may be carried on in the common elements.
vi. no private passenger automobile which is not being used from day to day or which is undergoing repairs of any nature, shall be parked or located upon the common elements or any part thereof; and all automobiles may be parked only in locations properly paved and provided for them.
vii. parking spaces as provided for may not be used in any manner whatsoever by anyone occupying a unit, either as a unit owner. tenant, occupant or otherwise.
viii. no one shall harm, mutilate, destroy, alter or litter any of the landscaping work on the property, including grass, trees, shrubs, hedges, flowers or beds.
ix. no animal, livestock or fowl of any kind shall be kept on any part of the common elements.
x. no storage of coal or any combustible, flammable or offensive goods, provisions or materials shall be kept on any part of the common elements, subject to the rules and regulations of the Corporation.
xi. no building, structure or tent shall be erected and no trailer, either with or without living, sleeping or eating accommodation shall be placed, located, kept or maintained on the common elements.
xii. No part of the common elements shall be used for the erection, placing or maintenance of disposal equipment, recreation or athletic equipment, fences or other barriers, gardens, hedges or vegetation or for the disposal of garbage, rubbish or waste, except as provided for in the Declaration or By-laws or by the Board of Directors.
xiii. no signs, billboards, notices or other advertising matter of any kind (except ordinary signs offering a unit for sale or rent with dimensions not exceeding two feet by three feet; located so as not to damage any part of the common elements) shall be placed on any part of the common elements without the prior written consent of the Corporation.
2. Provisions relating to units:
In addition to the provisions of the Declaration, the use of the units shall be in accordance with the following restrictions and stipulations:
i. no laundry shall be hung other than on the inside of a unit.
ii. no awnings or shades shall be erected over and outside of the windows, nor shall any articles be hung or placed on any outside window sills of a unit without the prior written consent of the Corporation.
iii. only one domestic animal such as a dog or a cat shall be kept in any unit, subject to the rules and regulations of the Corporation.
iv. nothing may be thrown out of the windows or doors of a unit.
v. no stores of coal or any combustible, inflammable or offensive goods, provisions or materials shall be kept in any unit.
vi. the water closets and other water apparatus shall not be used for purposes other than those for which they are constructed and no sweepings, garbage, rubbish, rags, ashes or other substances shall be thrown therein. Any damage resulting to them from misuse or from unusual or unreasonable use shall be borne by the owner who, or whose family, guests, visitors, servants, clerks or agents shall cause it.
vii. no sign, advertisement or notice shall be inscribed, painted or affixed on any part of the inside or outside of the buildings whatsoever.
viii. no owner shall do, or permit anything to be done in his unit or bring or keep anything therein which will in any way increase the risk of fire or the rate of fire insurance on any building or on property kept therein, or obstruct or interfere with the rights of other owners, or in any way injure or annoy them, or conflict with the laws relating to fire or with the regulations of the Fire Department or with any insurance policy carried by the Corporation or any owner or conflict with any of the rules and ordinances of the Board of Health or with any Statute or municipal by-law.
ix. water shall not be left running unless in actual use.
x. the owner shall not place, leave or permit to be placed, or left in or upon the common elements (except those of which he has the exclusive use) any goods or things, nor upon any of the units and common elements (including those of which he has the exclusive use), any debris or refuse, and the owner shall tightly wrap all garbage in paper and tie and place the same in the container provided for each purpose, or as otherwise directed by the janitor or agent of the board, and the owner must maintain strict sanitary conditions at all times.
xi. owners, their families, guests, visitors and servants shall not make or permit any improper noise on the property or do anything that will annoy or disturb or interfere in any way with other owners or those having business with them.
xii. unit owners shall maintain the outside water connections both in the front and back of their units, subject to the right of the Corporation to connect as may be required.
xiii. owners shall not overload existing electrical circuits.
xiv. no auction sale shall be held on the property.
xv. no noise, caused by any instrument or other device, or otherwise, which in the opinion of the Board may be calculated to disturb the comfort of the other owners shall be permitted.
New rules passed January 11th, 1998 and registered on title
xvi. Any loss, cost or damage incurred by the. Corporation, including but without limiting the generality of the foregoing, any legal fees and displacements, by reason of a breach of contravention of the Condominium Act, the Declaration, the Bylaws and/or the Rules enforced from time to time, by an owner, his family, a guest, servant, agent or any occupant of his unit, shall be borne by such unit owner and may be recovered by the Corporation against such unit owner in the same manner as common expenses.
1 (a) (i) No unit shall be occupied under a lease or license arrangement for transient or hotel purposes;
(ii) No lease shall be for a period of less than one year (1 year);
(b) No unit shall be occupied and used for any purpose other than as a one-family residence by the owner of the unit and his family. For the purpose of these restrictions, "one family residence" means a dwelling occupied or intended to be occupied as a residence by one family alone and containing one kitchen, provided that no roomers or boarders are allowed, A "boarder" for the purposes of these restrictions is a person to whom room and board are regularly supplied for consideration and a "roomer" for the purposes of these restrictions, is a person to whom room is regularly supplied for consideration;
(c) In order to ensure and to facilitate practical and full compliance with Section 49 (6) of the Condominium Act, R.S.O. 1980, Chapter 84 as amended (the "Act"), prior to entering into a lease of his unit, an owner shall provide to the Board of Directors the tenant's name, the members of the tenant's family intending to reside in the unit, their respective names, the ages of any persons under the age of 18 years and such other information as the Board may from time to time reasonably require;
(d) Prior to the commencement date of the tenancy, the owner shall provide access to the unit to the Board of Directors for the express purpose of inspecting the unit, including all equipment in the unit to ensure that the unit is in a good state of repair in accordance with the Declaration and Section 41 of the Act, and the owner shall forthwith comply with any notice of the Corporation requiring the owner to effect repairs to the unit prior to the commencement date of the tenancy.
2. Prior to the commencement date of the tenancy, the owner shall deliver to the Corporation an Application to Lease Unit and an Undertaking and acknowledgement duly executed by the owner and the tenant in the form attached hereto as Schedule "A" In the event that the owner fails to provide such Application and to comply with the foregoing Rule No. 1 (c) prior to the commencement date of the tenancy, and in compliance with Section 49 of the Act, any person or persons intending to reside in the owner's unit shall be deemed to be a trespasser and entry to or upon the common elements may be expressly defined by the Corporation until and unless such persons or persons and the owner comply with the within rules and with the Act.
3. Within seven (7) days of ceasing to rent his unit (or within seven (7) days of his being advised that his tenant has vacated or abandoned the unit, as the case may be), the owner shall notify the Corporation in writing that the unit is no longer rented.
4. All owners shall be responsible for any damage or additional maintenance to the common elements caused by their tenants and will be assessed and charged therefor.
5. No owner shall allow his tenant to sublet his apartment to another tenant.
The owners may from time to time make such additional rules and regulations or vary and amend such rules and regulations for the purpose of preventing unreasonable interference with the use and enjoyment of the units and common elements.
1. Severability. The invalidity of any provision of this By-law shall not be deemed to impair or affect in any manner the validity or enforceability or effect of the remainder of this By-law and in the event that any provision hereof is invalid all of the other provisions of this By-law shall continue in full force and effect as if such invalid provision had never been included herein.
2. Gender. This By-law shall be read with all changes in number and gender required by the context.
3. Non-Waiver. Any excusing, condoning or overlooking by the Corporation or by the owner of any default, breach or non-observance by the Corporation or by any owner or owners at any time of covenant, proviso, condition or regulation in the Declaration, Description, the by-laws, the Act, any release of regulations, any instrument by or upon the Corporation or the owner, shall not operate as a waiver of the rights of the Corporation or the owner or owners as the case may be in respect of any subsequent breach, default or non-observance of the terms of such instrument or instruments, shall not defeat or affect in any way the rights of the Corporation or the owner or owners as the case may be in respect of any such subsequent default or breach.
4. Headings. The headings in the body of this By-law No. 1 form no part of this by-law but shall be deemed to be inserted for convenience of reference only.
5. This by-law or any part thereof may be varied, altered or repealed by a by-law passed in accordance with the provisions of the Act and the Declaration.