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By-laws

White Pelican Estates

The Owner’s Condominium: Plan 9411176

Download By-laws in Adobe (.pdf) format here:

2009 Reserve Fund Study (White Pelican Estates) is in (.zip) format:  Reserve Fund Study

Updated Reserve Fund Study: November 22, 2011

TABLE OF CONTENTS

  1. Definitions and Interpretation
  2. Miscellaneous Provisions
  3. Duties of the Owner
  4. Duties of the Corporation
  5. Powers of the Corporation
  6. The Corporation and the Board
  7. Number on the Board
  8. Term of Office
  9. Eligibility for Re-election to Board
  10. Removal of A Member of the Board
  11. Casual Vacancy on Board
  12. Quorum for Board
  13. Officers of the Corporation
  14. Chairman of Board Meetings
  15. Duties of Officers
  16. Votes of Board, Written Resolution
  17. Further Powers of Board
  18. Additional Duties of the Board
  19. Defects in Appointment to Board
  20. Vacating Office of Board Member
  21. Signing Authorities
  22. Corporate Seal
  23. Annual General Meeting
  24. Extraordinary General Meetings
  25. Convening Extraordinary General Meetings
  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 for Business for General Meetings
  32. Voting by Show of Hands
  33. Poll Votes
  34. Voting Calculation
  35. Votes Personally or by Proxy
  36. Proxies
  37. Eligibility to Vote
  38. Proxy Vote by Co-owners
  39. Poll Vote by Co-owners
  40. Successive Interests
  41. Trustee Vote
  42. Voting Rights of Mortgagee
  43. Violation of By-Laws.
  44. Damage or Destruction
  45. Insurance
  46. Assessments for Common Expenses and Budgets
  47. Special Assessments
  48. Default in Payment of Assessments
  49. Estoppel Certificate
  50. Leasing of Units
  51. Severability
  52. Notices
  53. Notice of Default to Mortgagees
  54. Debt Retirement on Termination
  55. Company that is Member of Board
  56. Alternative Board Representative
  57. Privacy Areas and Parking Areas
  58. Realty Taxes
  59. Indemnification of Officers and Managers
  60. Non-Profit Corporation
  61. Use and Occupancy Restrictions
  62. Schedule I – Architectural Controls – Refer to “Architectural Controls tab” for details     
  63. Schedule II – Restrictive Covenant
  64. Conflict Provisions
  65. Amendment of By-Laws
  66. Repeal and Substitution

 

BY-LAWS

 

Adopted by special resolution the 8th day of January, 2007

WHITE PELICAN ESTATES

BY-LAWS OF THE OWNERS: CONDOMINIUM PLAN NO. 9411176

SUMMARY OF CONTENTS IN SUBSTITUTION FOR SCHEDULED BY-LAWS OF THE CONDOMINIUM ACT

 

DEFINITIONS AND INTERPRETATION

 

1.               In these by-laws unless the context or subject matter requires a different meaning:

 

(a)             “Act” means THE CONDOMINIUM PROPERTY ACT, R.S.A. 1980, c.C-22, and amendments thereto;

 

(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” means 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 not comprised in or does not form part of any unit shown on the condominium plan, but does not include land shown on the condominium plan that has been provided for the purposes of roads, public utilities and reserve land under Part 17 of the Municipal Government Act;

 

(f)              “Condominium plan” means the plan registered by the Developer under the Act as No. 9411176;

 

(g)             “Corporation” means the corporation constituted under the Act by the registration of the condominium plan;

 

(h)             “Insurance Trustee” a trust company 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 Corporation;

 

(i)              “Interest Rate” means that rate of interest per month will be 1.5% per month compounded, (19.56% per annum), which may be or shall become payable hereunder by an owner in respect of monies owing by him to the Corporation; said monies becomes due and payable by an owner;

 

(j)              “Manager” means the professional manager contractually appointed by the Board;

 

(k)             “Owner” means an adult person not younger than eighteen (18) years who is registered as the owner of the fee simple estate in a unit or the leasehold estate in a unit where the parcel upon which the unit is located is held under a lease and a certificate of title has been issued under Section 3 (1) (b) of the Act in respect of the lease;

 

(l)              “Parcel” means the land comprised in the condominium plan;

 

(m)            “Privacy area” means a portion of the common property assigned for the exclusive use of an Owner by the condominium board.

 

(n)            “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 or not less than 75% of all persons entitled to exercise the power of voting conferred under the Act or these by-laws and not less than 75% of the total unit factors for all the units; or

 

ii.               A written resolution signed by not less than 75% of all 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 75% of the total unit factors for all the units;

 

(o)             “Ordinary resolution” means a resolution:

 

i.                Passed at a properly convened meeting of a Corporation by a majority of all persons present or represented by proxy at the meeting entitled to exercise the powers of voting conferred by the Act or these by-laws, or

 

ii.               Signed by a majority of all persons who, at a properly convened meeting of a Corporation, would be entitled to exercise the powers of voting conferred by the Act or these by-laws and representing more than 50% of the total unit factors for all the units.

 

(p)             “Unit” means a space that is situated and described in the condominium plan by reference to bare land lots;

 

(q)             “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.

 

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, R.S.A. 1980, c.L-5, as amended from time to time or in any statute or statutes passed in substitution therefore.  Words importing the singular number also include the plural, and vice versa, and words importing the masculine gender including the feminine gender or neuter, and vice versa, and words importing persons include firms and corporations and vice versa, where the context so requires.

 

MISCELLANEOUS PROVISIONS

 

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.

 

DUTIES OF THE OWNER

 

3.               An owner must be aware of and comply with items (a) through (j). Specifically, an owner shall:

 

(a)             Permit the Corporation and its agents, at all reasonable times on notice (except in case of emergency when no notice is required), to enter his unit for the purpose of inspecting the unit and maintaining, repairing or renewing pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the unit and capable of being used in connection with the enjoyment of any other unit or common property, or for the purpose of maintaining, repairing or renewing the common property, or for the purpose of ensuring that the by-laws are being observed, or for the purpose of doing any work for the benefit of the Corporation generally;

 

(b)             Forthwith carry out all work that may be ordered by any municipality or public authority in respect of his unit and pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his unit;

 

(c)             Repair and maintain his unit, including all windows and the interior surface thereof and including outer boundaries, walls and all other outside surfaces and roofs and eavestroughs and all other outside hardware and accoutrement affecting the appearance, usability, value or safety of the unit, and keep it 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; and shall maintain in a reasonable manner any 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 57 or By-Law 58 and if such area is not accessible, in the sole opinion of the Board, for cutting by power mowers and/or if there are plants and landscaping therein and if the owner shall not maintain such lawn, the plants and landscaping 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 off that period, then the Corporation may carry out such work and the provisions of By-Law 57 shall apply;

 

(d)             Not make any repairs, additions or alterations to the exterior of his unit 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 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 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 adult occupiers of and visitors to his unit to similarly comply;

 

(i)              Pay to the Corporation when due all common expenses levied or assessed against his unit together with interest on any arrears thereof at the Interest Rate calculated from the due date and the Corporation is hereby permitted to charge such interest in accordance with Section 40 of the Act;

 

(j)              Carry out all work necessary to landscape his/her yard within 18 months of completion of construction of dwelling. Particularly the installation of ground cover to eliminate the spread of weeds and/or dust to adjoining properties; and /or installation of any retaining wall(s) as may be necessary to control water erosion and thus avoid damage to adjoining properties.

 

DUTIES OF THE CORPORATION

 

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 and administer the common property (except as hereinbefore and hereinafter set forth) and all real property, chattels, personal property or other property owned by the Corporation for the benefit of all the owners and for the benefit of the entire condominium project;

 

(b)             Do all things required of it by the Act, these by-laws and any other rules and regulations in force from time to time;

 

(c)             Maintain and repair (including renewal where reasonably necessary) 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 more than one unit or common property;

 

(d)             Collect and receive all contributions towards the common expenses and deposit same in a separate account with a chartered bank or trust company;

 

(e)             Provide and maintain out of the assessments to be levied by the Corporation towards the common expenses or otherwise such amounts 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;

 

(f)              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;

 

(g)             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 designated visitor parking and keep and maintain in good order and condition all grassed or landscaped areas of the common property together with all planter boxes and fences on the common property PROVIDED THAT the maintenance of any privacy area designated under By-Law 5(f) (g) or By-Law 57(a) shall be the prime responsibility of the owner to whom such privacy area has been assigned;

 

(h)             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(1) of the Act;

 

(i)              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.

 

POWERS OF THE CORPORATION

 

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 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;

 

(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 expense 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 for provision of amenities or services by it to the unit 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, Owners, tenants and other lawful occupants of such unit, shall not be assignable to anyone who is not an owner or Owner 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 Owner 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 or special privileges in respect thereof;

 

(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 the 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 amounts so determined by levying assessments on the owners in proportion to the unit factors for their respective units or as otherwise herein provided;

 

(k)             Charge interest under Section 40 of the Act on any contribution or common expenses owing to it by an owner at the Interest Rate;

 

(l)              Pay an annual honorarium or stipend 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.

 

THE CORPORATION AND THE BOARD

 

6.            The powers and duties of the Corporation shall, subject to any restrictions imposed or direction given at a general meeting, be exercised and performed by the Board.

 

NUMBER ON BOARD

 

7.            The Board shall consist of a minimum of three (3) and a maximum of 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.  A Board member must be eighteen (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.

 

(a) An owner who has not paid to the corporation the contributions due and owing in respect of the owner’s unit is not eligible for election to the board.

 

TERM OF OFFICE

 

8.     (1) Subject to subsection (2) of the Act, a member of the board is to be elected at an annual general meeting for a term expiring at the conclusion of the annual general         meeting convened in the second year following the year in which they were elected to the board.

 

(2) At the first general meeting convened under section 29 of the Act,

 

(a) not more than 50% of the members of the board shall be elected for a term expiring at the conclusion of the annual general meeting convened in the year following the       year in which they were elected, and

 

(b) The balance of the members shall be elected for a term expiring at the conclusion of  the annual general meeting convened in the 2nd year following the year in which      they  were elected.

 

(3) Each member of the Board shall remain in office until,

 

(a) The office becomes vacant under section 9 of the Acts bylaws,

 

(b) The member resigns,

 

(c) The member is removed under section 8 of the Acts bylaws, or

 

(d) The member’s term of office expires,

 

Whichever comes first.

 

ELIGIBILITY FOR RE-ELECTION TO BOARD

 

9.               A retiring member of the Board shall be eligible for re-election.

 

REMOVAL OF A MEMBER OF THE BOARD

 

10.            Except when the board consists of less than three (3) individuals, the corporation may by resolution at a general meeting may remove a member of the board before the expiration of the member’s term of office and appoint another individual in the members place to hold that office for the remainder of the term.

 

 

CASUAL VACANCY ON BOARD

 

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 qualified for membership pursuant to By-Law 7.

 

QUORUM FOR BOARD

 

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 three or less members; three where the board consists of five members.

 

OFFICERS OF THE CORPORATION

 

13.         At the first meeting of the Board and at each meeting held after an annual general meeting of the Corporation the Board shall elect from among its members a President, a Vice-President, a Treasurer and/or a Secretary who shall hold their respective offices until the conclusion of the next annual general meeting of the corporation or until their successors are elected or appointed.  The President shall be the Chairman of the Board and shall have a casting vote in addition to his original vote.  A person ceases to be an officer of the Corporation if he ceases to be a member of the Board.  Where a person ceases to be an officer of the Corporation, the Board shall designate from its members a person to fill that office for the remainder of the term.

 

CHAIRMAN OF BOARD MEETINGS

 

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 all the duties and powers of the Chairman while so acting.  In the absence of both the President and 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.

 

DUTIES OF OFFICERS

 

15.         The other duties of the officers of the Board shall be as determined by the Board from time to time.

 

VOTES OF THE BOARD, WRITTEN RESOLUTION

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.

FURTHER POWERS OF THE BOARD

 

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 seven (7) 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 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.  Any such contract shall provide for the contract manager to maintain a fidelity bond for the benefit of and naming the Corporation and such bond shall be in an amount at least equal to one-half (1/2) of the approved budget of the Corporation in any given fiscal year and the total amount of any replacement reserve funds.

 

ADDITIONAL DUTIES OF THE BOARD

 

18.            The Board shall:

 

(a)             Keep minutes of its proceedings and, upon written request, provide copies thereof, within ten (10) days, to mortgagee who have notified their interests to the Corporation;

 

(b)             Cause minutes to be kept of general meetings of the owners and, upon written request, provide copies thereof to mortgagees who have notified their interests to the Corporation;

 

(c)             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;

 

(d)             Prepare proper accounts relating to all monies to the Corporation, and the income and expenditure thereof, for each annual general meeting;

 

(e)             Maintain financial records of all the assets, liabilities and equity of the Corporation;

 

(f)              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 all reasonable times;

 

(g)             Cause to be prepared and distributed to each owner and to each mortgagee who has 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;

 

(h)             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;

 

(i)              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.

DEFECTS IN APPOINTMENT TO BOARD

 

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.

 

VACATING OFFICE OF BOARD MEMBER

 

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)             Is in arrears more than thirty (30) days of any contribution, levy or assessment required to be made by him as an owner or becomes bankrupt; or

 

(c)             Is found lunatic or becomes of unsound mind, or is the subject of a Certificate of Incapacity issued under THE DEPENDENT ADULTS ACT, R.S.A. 1980, c.D-32, and amendments thereto; or

 

(d)             Is convicted of any criminal offence; or

 

(e)             Is absent from three (3) consecutive meetings of the Board without permission of the Board and it is resolved at a subsequent meeting of the Board that the members office be vacated.

 

(f)              He ceases to qualify for membership pursuant to By-Law 7; or

 

(g)             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.

 

SIGNING AUTHORITIES

 

21.         The Board shall determine, by resolution from time to time, the manner in which an officer or officers shall sign cheques, drafts, notes and other instruments and documents, including banking forms and authorities not required to be under corporate seal and may authorize the Manager to sign the same with or without co-signing by any officer or officers.

 

CORPORATE SEAL

 

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.

 

ANNUAL GENERAL MEETING

 

23. (1) The Board shall, once every year, convene and annual general meeting of the owners.

 

(2)  An annual general meeting of the owners shall be convened by the Board within fifteen (15) months of the conclusion of the immediately preceding annual general meeting.

 

(3)  Subject to the regulations, the Corporation shall,

 

(a) In accordance with generally accepted accounting principles, prepare financial statements for the Corporations fiscal year that immediately follows the Corporation  preceding fiscal year, and

 

(b) Distribute copies of the financial statements and the annual budget to each of the owners.

 

EXTRAORDINARY GENERAL MEETINGS

 

24.         All general meetings other than annual general meetings shall be called extraordinary general meetings.

 

CONVENING 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 of 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.

 

NOTICE OF GENERAL MEETINGS

 

26.         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 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.

 

PROCEEDINGS AT GENERAL MEETINGS

 

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.

 

QUORUM FOR GENERAL MEETINGS

 

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 present in person or by proxy shall constitute a quorum.

 

ADJOURNMENT FOR LACK OF 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.

CHAIRMAN FOR GENERAL MEETINGS

 

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.

ORDER OF BUSINESS FOR GENERAL MEETING

 

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)             Calling of the roll and certifying the proxies;

 

(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.

 

VOTING BY SHOW OF HANDS

 

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 favor or against the resolution.  Except for matters requiring a special resolution or unanimous resolution, all matters shall be determined by majority vote.

 

POLL VOTES

 

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 poll, the Chairman of the meeting is entitled to a casting vote in addition to his original vote.  A demand for a poll may be withdrawn.

VOTING CALCULATION

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 shall correspond with the unit factors for the respective units owned or mortgaged to them.

 

VOTES PERSONALLY OR BY PROXY

 

35.         On a show of hands or on a poll, votes may be given either personally or by proxy.

PROXIES

 

36.         An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney, and may be either general or for a particular meeting.  A proxy need not be an owner.

 

ELIGIBILITY TO VOTE

 

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 his 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. A quorum is one quarter of those owners who are eligible to vote.

 

PROXY VOTE BY CO-OWNERS

 

38.         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.

 

POLL VOTE BY CO-OWNERS

 

39.         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.

 

SUCCESSIVE INTERESTS

 

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.

 

TRUSTEE VOTE

 

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.

 

VOTING RIGHTS OF MORTGAGEE

 

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 assessments.

VIOLATION OF BY-LAWS

 

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 may be corrected, remedied or cured by the Corporation and any costs or expenses incurred or expended by the Corporation 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 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 there shall be added to any judgment, all costs of such action including costs as between solicitor and 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 32 of the Act.

 

DAMAGE OR DESTRUCTION

 

44.         (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 one hundred (100) days after the damage or destruction, the Board shall arrange for prompt repair and restoration using proceeds of insurance for that purpose.  The Board shall cause the proceeds of all insurance policies to be disbursed to the contractors engaged in such repair and restoration in appropriate progress payments.  Any costs of such repairs and restoration in excess of the insurance proceeds shall constitute a common expense and the Board may assess all the unit owners for such deficiency as part of the common expenses;

 

Where there has been substantial damage and the owners resolve by special resolution within one hundred (100) days after the damage or destruction not to repair, the Board shall on behalf of the owners make application to terminate the condominium status of the parcel in accordance with the provisions of the Act, and each of the owners shall be deemed to consent to such application.  Upon termination of the condominium status:

 

(i)              Any liens or charges affecting any of the units shall be deemed to be transferred in accordance with their existing priorities to the interests of the respective owners in the parcel; and

 

 

(ii)             The proceeds of insurance shall be paid to any Insurance Trustee, 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 or in accordance with the terms of the Act;

 

(b)             No owner shall be entitled to claim any compensation from the Corporation for any loss or damage to the property or person of the owner arising from any defect or want of repair of the common property or any part thereof, unless such loss or damage is covered by the insurance held or required to be held by the Corporation pursuant to the Act or these by-laws, whichever is the greater;

 

(c)             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 and capable of being used in connection with the enjoyment of any other unit or the common property, 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;

 

(d)             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.

INSURANCE

 

45.            (a)             The Board, on behalf of the Corporation, shall obtain and maintain, subject always to the Act, and in particular, Section 47 thereof, the following insurance:

 

i)                Public Liability insurance insuring the Insured against any liability to the public and/or to the owners and their invitees, licensees or tenants incidental to the ownership and/or use of the common property and units and such insurance shall be limited to liability in an amount not less than $1,000,000.00 inclusive for bodily injury and/or property damage per occurrence;

 

ii)               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 Insured 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 insured;

 

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 or guests of any owner, except for arson and fraud;

 

v)               A waiver by the insurer of any defense 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)              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 and Insured shall not be prejudiced with respect to another Insured;

 

(c)             Prior to obtaining any policy of insurance hereunder or any renewal thereof, and at least annually, the Board shall obtain an appraisal from a duly qualified appraiser setting out the full replacement cost of the common property and all of the property of the Corporation, a copy of such appraisal shall be delivered to each mortgagee who has given written notice of his mortgage to the Corporation, and the Board shall forthwith obtain insurance coverage under any and all such policies of insurance in accordance with such appraisal to insure the full replacement value as set forth in such appraisal.  In addition to such insurance coverage for the replacement value of the common property 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 Insured’s immediately upon written request therefore, 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 Insured’s 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); provided that any expense of the Insurance Trustee shall be treated as common expenses of the Corporation;

 

(f)              The owners may, and upon written request to 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.

 

ASSESSMENTS FOR COMMON EXPENSES AND BUDGETS

 

46.            (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 maintenance of entrance ways and parking areas, of garbage removal, electricity, water, gas and fuel services and television antenna or cable services (if any) supplied to the Corporation for the Project and for the benefit of all owners and not charged directly to any one owner either by meter or otherwise;

 

 

ii)               Management fees and Insurance Trustee fees, if any, wages, salaries, taxes and other expenses payable to or on account of employees of the Corporation;

 

iii)              All the charges on account of cleaning or sweeping of designated visitor parking areas, lawn maintenance and landscaping and for ice, snow and debris removal from common property not designated as a privacy area under By-Law 5 or By-Law 57;

 

iv)              All charges on account of lighting fixtures situated on common property;

 

v)               All charges on account of maintenance for those portions of a unit or common property for which the Corporation is responsible under these by-laws;

vi)              All insurance costs in respect of the insurance for which the Corporation is responsible under the by-laws and/or the Act;

 

vii)             All costs of and charges for all manner of consultation, professional and servicing assistance required by the Corporation including but without limiting the generality of the foregoing all legal and accounting fees and disbursements;

 

viii)            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;

 

ix)              The cost of maintaining fidelity bonds as provided by these by-laws;

 

x)               The cost of borrowing money for the purpose of carrying out the duties and objects of the Corporation;

 

(b)             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 of 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 assessment shall be payable to the Corporation, or to any other person, firm or corporation to whom the Corporation shall direct payment to be made from time to time, in twelve (12) equal consecutive monthly installments payable, in advance on the first day of each month, the first installment to be made on the 1st day of the month immediately following receipt of such notice or assessment. An owner may chose to make a single lump sum payment on the first day of the month immediately following receipt of such notice or assessment.

 

(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 ten (10) 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 favor 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, or mortgagee of a unit, the Corporation shall, within ten (10) days of receiving that request, provide to the person making the request one or more of the following as requested by that person:

 

i) A statement setting forth the amount of any contributions due and payable in  respect of  a unit:

 

ii)               The particulars of –

 

(1)             Any action commenced against the Corporation and served upon the Corporation;

 

(2)             Any unsatisfied judgment or order for which the Corporation is liable; and

 

(3)           Any written demand made upon the Corporation for an amount in excess of $5,000.00 that, if not met, may result in an action being brought against the Corporation;

 

iii)              The particulars of or a copy of any subsisting management agreement;

 

iv)              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)              The omission by the Corporation to fix the assessments 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 assessments or special contributions, or any installments thereof for any year or period, but the assessments fixed from time to time shall continue until new assessments are fixed.  No owner can exempt himself from liability for his 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;

 

(j)              The Board or the Manager supplying any documents required to be provided in these by-laws or under Section 44 of the Act, shall be entitled to charge a reasonable fee for the production thereof.

 

SPECIAL ASSESSMENTS

 

47.         If at any time it appears that the annual assessments or contributions towards the common expenses will be insufficient to meet the common expenses, the Corporation may assess and collect a special contribution or contributions 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 contribution shall be determined and assessed against the owners in proportion to their unit factors.  All such special contributions shall be payable within ten (10) days of the due date for payment as specified in the notice and if not paid shall bear interest at the Interest Rate from the due date until paid.

DEFAULT IN PAYMENT OF ASSESSMENTS

 

48.         Default in payment of assessments and lien for unpaid assessments, installments 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, installment 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 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, installment or payment as hereinbefore mentioned, and for so long as such unpaid contribution, assessment, installment 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, installment 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, installments 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;

 

(b)             Any other owner or person, firm or corporation whatsoever may pay any unpaid contribution, assessment, installment or payment after the expiration of thirty (30) days following the due date for payment by the owner in default, with respect to a unit, and upon such payment, such party, person, firm or corporation shall have a lien, subject to the estates or interests hereinbefore mentioned and shall be entitled to file a caveat or encumbrance in respect of the amount so paid on behalf of the owner in default, and shall be entitled to enforce his lien, thereby created, in accordance with the other terms and conditions of this provision;

 

(c)             Notwithstanding and in addition to any other term, condition or provision herein contained or implied, each unpaid contribution, assessment, installment 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 installment 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 installment 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, installments 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, installments 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 on a solicitor and client basis and disbursements incurred by the Corporation in registering and discharging a Caveat or in any way securing its interest hereunder shall constitute a payment due the Corporation.

 

(h)         The Limitations Act shall not apply to any indebtedness owing by an owner to the Corporation pursuant to the provisions of these Bylaws.

 

ESTOPPEL CERTIFICATE

 

49.         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 and all obligations of the said unit owner whether improperly stated in such Estoppel Certificate or not.

LEASING OF UNITS

 

50.1       An owner of a unit shall not rent the owner’s unit until the owner has given written notice to the corporation of the owner’s intention to rent the unit, setting out;

 

(a)                The address at which the owner may be served with a notice given by the corporation under section 54     (Act) or an originating notice or order referred to in section 55 or 56 (Act) and

 

(b)                The amount of rent to be charged for the unit.

 

50.2       If an owner of a unit rents the unit it is a condition of that tenancy, notwithstanding anything in the tenancy agreement that any person in possession of the unit shall not,

 

(a)              Cause damage to the real or personal property of the corporation or the common property, and;

 

(b)              Contravene the bylaws

 

50.3       The Corporation may require an owner, who rents the owner’s unit to pay to and maintain with the corporation a deposit that the corporation may use for,

 

(a)             The repair or replacement of the real and personal property of the corporation or of the common property, and

 

(b)            The maintenance, repair or replacement of any common property that is subject to a lease granted to the owner of the unit under section 50 (Act), that is damaged, destroyed, lost or removed, as the case may be, by any person in possession of the rented unit.

 

50.4    A deposit referred to in subsection (3) shall not exceed one month’s rent charged for the unit.

 

50.5   The owner of the unit shall give the corporation written notice of the name of the tenant renting the unit within twenty (20) days from the commencement of the tenancy.

 

50.6   Within twenty (20) days after ceasing to the owners unit, the owner shall give the corporation written notice that the owner’s unit is no longer rented.

 

50.7    A corporation shall, within twenty (20) days after receiving a written notice under subsection (6),

 

(a)    Return the deposit to the owner,

 

(b)    If the corporation has made use of the deposit for one or more of the purposes referred to under subsection (3), delivered to the owner

 

(i)  A statement of account showing the money used, and

 

(ii) The balance of the deposit not used, if any, or

 

(c)   If the corporation is entitled to make use of the deposit but is unable to determine the amount of the deposit that it will use deliver to the owner an estimated statement of account showing the amount it intends to use and, within sixty (60) days after delivering to the owner the estimated statement of account, deliver to the owner,

 

(i)   A final statement of account showing the amounts used, and

 

(ii) The balance of the deposit not used, if any.

 

SEVERABILITY

 

51.         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.

 

NOTICES

 

52.         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 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 received on the fourth business day 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, to her writing required, or permitted to be given hereunder or pursuant to the Act or these by-laws.

NOTICE OF DEFAULT TO MORTGAGEES

 

53.         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.

 

DEBT RETIREMENT ON TERMINATION

 

54.         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.

 

COMPANY THAT IS MEMBER OF BOARD

 

55.         A company that 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 but its representative or by the alternate of its representative duly appointed pursuant to the by-laws next following shall be deemed to be a resolution of the Board.

 

ALTERNATE BOARD REPRESENTATIVE

 

56.         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 for 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.

 

PRIVACY AREAS AND PARKING AREAS

 

57.            (a)             The Board may assign an additional area for exclusive use by the owner of each unit for such purpose and in such fashion as the Board shall determine. If the owner shall fail to properly maintain any such parking 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.  The parking area does not include any fence, rail or similar structure bordering any designated parking area.

 

(b)             The Corporation and its servants and agents shall, notwithstanding the grant of any right, license or privilege of exclusive use of any privacy 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.

 

(c)             Parking is not allowed on the road in front of each residence. Vehicles are to be parked within the unit (lot) of the owner. Parking on the road is permitted only for unloading. Parking on either side of the street where the vehicles are directly across from each other, (double parking) is prohibited. Vacant units (lots) may be used for parking if permitted by that unit (lot) owner for the parking of personal vehicles only.

REALTY TAXES

 

58.         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.

 

INDEMNIFICATION OF OFFICERS AND MANAGERS

 

59.         The Corporation shall indemnify every manager, officer or employee and his or her heirs, executors and administrators against all loss, costs and expense, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a 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 gross negligence or willful misconduct.  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.

 

NON-PROFIT CORPORATION

 

60.         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 or 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; and

 

(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 or stipend established pursuant to By-Law 5 (1).

USE AND OCCUPANCY RESTRICTIONS

 

61-I           In this by-law, “owner” includes a tenant.

 

61-II          An owner shall not:

 

(a)             Use his unit or any part thereof for any commercial 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; providing always that the unit may be used in conjunction with the practice of any profession so long as such use does not create any additional vehicular traffic to the unit;

 

(b)             Make or permit noise, nor allow an animal or machine to make or permit noise, in or about any unit or the common property which in the opinion of the Board is 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;

 

(c)             Use or permit the use of his unit other than for residential purposes;

 

(d)             Permit his unit to be occupied as a place of residence by more than seven (7) persons at any given time without the consent in writing of the Board;

 

(e)             Do anything or permit anything to be done in or upon 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.

 

(f)              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 stature, ordinance, by-law or regulation of any government authority whether Federal, Provincial, Municipal or otherwise;

 

(g)             Do or permit anything to be done that may cause damage to trees, plants, bushes, flowers or lawns and shall not place chairs, tables, personal possessions, 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;

 

(h)             Deposit customary household refuse and garbage outside his unit other than in proper garbage containers;

 

(i)              Erect, place, allow, keep or display signs, billboards, advertising matter or other notices or displays of any kind on the common property 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;

 

(j)              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;

 

(k)             Use any part of the common property for the parking of any motor vehicles except in accordance with permission in writing from the Board;

 

(l)              Obstruct or permit any walkways, passage or driveways or designated visitor parking areas to be obstructed by his family, guests or visitors;

 

 

(m)            Allow his unit, designated parking area or privacy area assigned to him to become unsanitary or unsightly in appearance;

 

(n)             Use a toilet, sink, tub, drain or other plumbing fixture for the purpose other than that for which it is constructed;

 

(o)             Allow the area around his premises to become untidy.  The Board shall be at liberty to remove any rubbish or clean up the property to its satisfaction and charge the expense to the owner, or lessee;

 

(p)             To keep and observe all rules and regulations set out in the restrictive covenant registered against the plan herein and the architectural guidelines provided at the time of purchase;

 

(q)             (a) Keep or allow any animal, livestock or pet of any kind, other than birds, fish, small animals or dogs which must be restrained at all times within the boundaries of the unit or any structure erected on such unit.  No animals shall be allowed to stray or roam onto common property or the property of other unit holders.  The owner shall be entitled to use common property for animals but the animal must be on leash at all times. The keeping of domestic pets shall at no time interfere with the general enjoyment of adjacent properties. The Board strongly encourages the Respective Bylaw Officer to be notified of any violation in regards to such.

 

(b) The Unit must be free of animal excrement on a daily basis and any deposit of feces which occurs on common property, must be removed by the owner or custodian of the animal forthwith upon the event of such deposit.

 

61-III      An owner shall ensure that his occupants comply with those requirements that the owner must comply with under Subsection 62-II hereof.

 

62.         All owners shall comply with the provisions of certain architectural controls in the construction and improvement of any dwelling or other work on the property as said controls are set out and attached as Schedule I to this By-Law. Refer to “Architectural Controls Tab” for details. Schedule I (Architectural Controls)

 

63.         All owners shall comply with the provisions of certain restrictive covenants as said covenants are set out and attached as Schedule II to this By-Law. Schedule II (Restrictive Covenant)

 

64.         In the event that any provisions contained in the within By-Laws conflict with or modify the terms and provisions contained in Schedules I and II the terms of this By-Law shall be deemed to be to be modified and amended so as to give precedence to the terms and provisions of the said Schedules.

 

AMENDMENT OF BY-LAWS

 

65.         These By-Laws, or any of them, may be added to, amended or repealed by special resolution of the Corporation and not otherwise and the Corporation shall cause to be prepared and distributed to each mortgagee who has notified its interest to the Corporation a notice or memorandum of any proposed amendments, additions or repeal not less than fourteen (14) 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.

REPEAL AND SUBSTITUTION

 

66.         These By-Laws repeal and are in substitution for all the By-Laws set forth at Appendix “1” to the Act and, those registered at the Land Titles Office for the South Alberta Land Registration District as Instrument No. 061085276 on the 28th day of February, 2006 and shall come into force on the date on which they are registered pursuant to the Act.

 

Adopted by special resolution the 8th day of January, 2007.

 

Registered at the Land Titles Office for the South Alberta Land Registration District as Instrument No. 071200536 (Block Four) on the 26th day of  April, 2007.

 

 

 

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Member of the Board                     (Seal)