The Standard Unit By-Law
THE STANDARD UNIT BY-LAW-SAY WHAT?
THUNDER BAY INSURANCE ADJUSTERS ASSOCIATION
Thursday, January 15,2009
12:OO noon
Italian Cultural Centre
132 Algoma Street South
Thunder Bay, Ontario
PRESENTED BY:
J. DOUGLAS SHANKS
CHEADLES LLP
Barristers and Solicitors
Suite 2000-715 Hewitson Street
Thunder Bay,Ontario
P7B 6B5
Telephone: (807)622-6821
Fax: (807)623-3892
Website: ww.cheadles.eom
THE STANDARD UNIT BY-LAW - SAY WHAT?
I N D E X
Page Number
Introduction 1
Sample Standard Unit By-Law 2
Sample Declaration 6
CV for J. Douglas Shanks 10
THE STANDARD UNIT BY-LAW - SAY WHAT?
The Standard Unit by-law -what is it?
-what does it do?
The Condominium Act, 1998 permits Condominium Corporations to have Standard Unit-by-laws. This is as of May 5, 2001.
The reason is to decide the responsibility for insuring and repairing improvements after
damage. There is some confusion over what the Standard Unit by-law does for
Condominium Corporations. The by-law simply sets out what an "improvement" is by
looking at the "Standard Unit". This is important when damage occurs to the unit and
repairs are required. The issue then becomes who should repair what damage, who
should pay for it and whose insurance is responsible.
IMPROVEMENTS
What is an improvement? It may be one of two things. This depends on when the
Condominium Corporation was created. It is any alteration, change or upgrade to the
base unit as originally sold by the developer, or if there is a standard unit by-law,
anything that is not listed in this by-law as part of the standard unit.
Why do we care what an improvement is? For Condominium Corporations registered
after Mav 5, 2001, the Condom~niumA ct provides that improvements to a unit are not
the Corporation's obligation to insure and repair after damage.
For Condominium Corporations created before Mav 5, 2001, those improvements made to a unit, which were in place before the registration of the declaration and the
description, are the Corporation's responsibility to insure and repair after damage
(improvements made after registration are the unit owners' responsibility), unless those Corporations put into place a Standard Unit by-law.
The Standard Unit by-law determines what constitutes a "standard unit". A standard
unit includes only those items which are listed in the by-law as forming part of the unit.
Anything which is not included in the list which may be such items as countertops,
wallpaper or floor coverings will be treated as improvements. For example, if a fire or a
flood occurred, those items would not be covered by the Corporation's insurance policy.
The unit owner should insure those things not included in the standard unit by-law. The
responsibility for repair, regardless of who caused the damage would be the unit
owner's.
SCHEDULE "A"
TUNDER BAY CONDOMINIUM CORPORATION NO. 18
BY-LAW NO. 5
STANDARD CONDOMINIUM UNIT DEFINITION
WHEREAS :
1. The Condominium Act, 1998 (the "Act") requires that\the
determination of what constitutes an improvement" to a
condominium unit shall be determined by '~eference to a
standard unit definition;
2 . The Corporation is responsible to insure the condominium units
exclusive of the "improvements" to the units;
3 . Each owner is responsible to insure the improvements to his or
her unit;
4. Any component of a unit over and above the defined "standard
unit" is considered to be an "improvement" to the unit.
NOW THEREFORE be it enacted as a By-Law of THUNDER BAY CONDOMINIUM
CORPORATION NO. 18 (hereinafter referred to as the "Corporation")
as follows:
1. It is understood that the following description of the
standard "unit" does not include the common elements of the
Corporatiqn. The standard unit shall be defined as all of
those components of the unit contained within its boundaries,
as defined in the Declaration and Description of the
Corporation, including:
a) The ceilings completed to the drywall (any
reference to drywall in this by-law shall mean
drywall which is of such thickness as the
Building Code may require, including taping,
sand~ng, one coat of primer paint) ;
b) All floor assemblies constructed to the subfloor
and stairway assemblies and landings and
drywall, (including taping, sanding and one
coat of primer) ;
c ) All services with respect to the provision of
water and sewage services, hydro and natural
gas for the unit carried within those walls,
bulkheads and ceilings ;
d) All services with respect to the delivery of
heat, and ventilation, carried within those
walls, bulkheads and ceilings;
e) All installations with respect to the
provision of electricity, telephone cable and
rough ins, cable television cable and rough
ins, all requisite smoke detectors as required
by applicable regulation hard wired into the
electrical system, one standard dryer
electrical outlet, an exhaust outlet and a
washing machine drainage outlet;
f) Interior partitions and walls completed to the
drywall (including taping, sanding, one coat
of primer) ;
g) One built in oven electrical outlet and roughin;
h) Partitions and walls between units and common
elements, including insulation and vapor
barrier, completed to the drywall, (including
taping, sanding, one coat of primer paint) all
exterior windows and window frames and doors
and door frames;
i) All structural components, mechanical systems,
services and other items which shall be of the
same or equivalent quality and/or constructed
to Che standards as defined in the registered
building drawings;
j) It is understood that there ar& several
different models/designs of units within the
corporation as set out in The Registered
Building Drawings and in the event there is
significant damage to the units reference
shall be made to the original floor plan
diagrams of the units;
k) Such other components of the units which the
declaration of the condominium would have been
required to construct by the then current
regulations (as at the time of the damage or
repair) in order to achieve registration of
the condominium plan;
2. Anything within the boundaries of a unit which is not
described in the definitions of a standard unit set out above
shall be considered an improvement to the unit. For greater
certainty and without limiting the generality of the
foregoing, the unit shall not include:
a) All floor coverings (including underpad) ;
b) Wall coverings, including, but not limited to,
tile, marble, paneling, other woodtreatments,
paint and wall paper, that are not included in
the definition of the standard unit herein;
c) Window coverings, drapery hardware, or blinds ;
d) Appliances and exhaust fans;
e) Water heater;
f ) Lighting fixtures;
g) Kitchen, bathroom and laundry plumbing
fixtures and controls;
h) Kitchen and bathroom cabinets and countertops;
i) Any addition, alteration, or improvement to
the common elements made by an owner either
before or after the date of proclamation of
the Act and regardless of whether an agreement
under section 98, of the Act has or has not
been entered into between the Owner and the
Corporation for such addition, alteration or
improvement.
3. For clarification, the consequence of such definition of
"standard unit" is to cause all components of each and any and
every building or structure that is not specifically stated to
. be part of.the standard unit to be classified considered and
defined as an nimprovement" thereby making the owner(s) of
such unit completely responsible for all insurance and
maintenance relating thereto and relieving the Corporation
from being required to provide or maintain any insurance on
account thereof.
4. If any component of the standard unit must be "upgradedn or
changed in order to comply with any applicable governmental or
authority regulation or code while being repaired or replaced
on aecoQnt of insurable damage or destruction the said upgrade
or change shall be considered part of the standard unit
despite not being clearly defined herein as being part of the
standard unit.
5. Nothing in this By-Law shall relieve an owner of any
obligation to maintain, repair, and when necessary, replace
any component of his or her unit as may be set out in the Act
and the Corporation's, Declaration, By-Laws and Rules;
6. In the event that a fixture or construction feature is no
longer available or there is a dispute as to what then may
constitute a "Builder's Standard" a comparison shall be had to
similar products being offered by builders of new condominium
construction at the time of damage of similar value to the
unit sn which or to which the damage has occurred. If there
is a disagreement as to what constitutes a "Builder's
Standard" , the issue shall be exclusively and conclusively
determined by the insurance adjuster(s) acting reasonably,
retained by and acting on behalf of the condominium's insurer
and the decision of such adjuster(s) shall be binding on the
condominium and all its' owners and mortgagees.
The foregoing By-Law is hereby passed by the Directors of the
Corporation pursuant to the Condominium Act 1998 as evidenced
by the respective signatures hereto of a majority of the Directors.
Date this 8th Day of October, 2008
DECLARATION
DECLARATION (hereinafter called the "Declaration") is made and executed pursuant to the provisions of the Condominium Act, 1998, S.O. 1998, c.19 and the Regulations made thereunder (all of which are hereinam referred to as the "Act"), BY
433799 ONTAR10 WC.
WHEREAS the Declarant is the owner of the property (which includes the appurtenant
interests) with absolute title under the Land Titles Act, which property is situate in the City of Thunder Bay, and is more particularly described in Schedule "A", and in the description submitted herewith by the Declarant for regisbation in accordance with the Act;
AND WHEREAS the land contains a b e e (3) level building containing forty-eight (48)
residential units;
AND W&KEAS the Decl-t intends that the said lands together with the said building
thereon &all be govemed by the Act;
NOW THEREFORE THE DECLARANT DECLARES AS FOLLOWS:
ARTICLE 1
INTRODUCTORY
1.1 Definitions - All words used herein which are defined in the Act shall have ascribed to them the meanings set out in the Act, as amended from time to time.
a) "Residential Unit" shall mean those units designated as Units 1 to 16 on
Level 1, Units 1 to 16 on Level 2 andunits 1 to 16 on Level 3;
b) "Owner shall mean "Owner" as defined in the Act for purposes of
compliance with the Act, Declaration, By-laws and Rules and includes
residents, occupants, tenants, employees, visitors and guests of an owner.
1.2 Statement of Intention - The Declarant intends that the lands and interests appurtenant to the land in the Description and described in Schedule "A" be governed by the Act, and any amendments thereto.
1.3 Standard Condominium - The registration of the Declaration and Description will create a Freehold Standard Condominium.
1.4 Consent of Encumbrances - The consent of every person having a registered mortgage against the land or interest apputenant tc the land described in Schedule "A" is contained in Schedule "B" attached hereto.
1.5 Boundaries of Units and Monumeut's - The monuments controlling the extent of the units are the physical surfaces mentioned in the boundaries of units in Schedule "C" attached hereto.
1.6 Common Expenses - Each owner shall contribute to the common expenses in the
proportions set forth in Schedule "D attached hereto. The total of the proportions shall
equal one hundred per cent (100%).
1.7 Common Interest - Each owner shall have an undwided interest in the common elements as a tenant in common with all other owners in the proportions set forth opposite each unit number in Schedule "D" attached hereto. The total of the proporhons shall equal one hundred per cent (100%).
1.8 Address for Service and Mailing Address of the Corporation - The Corporation's
address for service and mailing address shall be:
time to time by any owner, his family guests, servants, agents or occupants
of his unit shall be bome by such owner and may be recovered by the
corporation against such owner in the same manner as common expenses or
by any other procedure the Corporation elects;
m) The Corporation or any insurer of the Property or any p& thereof, their
respective agents, or any other person authorized by the Board of
Directors, shall be entitled to enter any unit, or any past of the exclusiveuse
common elements, at all reasonable times, and upon giving reasonable
notice, to perfom the objects and duties of the Corporation, and without
limitation, for the purpose of making inspections, adjusting losses, making
repairs, correcting any condition which violates the provisions of any
insurance policy or policies and remedying any condition which might
result in damage to the Property, the common elements or any unit.
n) In the case of any emergency, an agent of the Corporation may enter any
unit or the exclusive-use common elements at any tinie without notice, for
the purpose of repairing the unit, common elements, or exclusive-use
common elements, or for the purpose of correcting any condition which
might I-esult in damage or loss to the property, the common elements or
the units. The Corporation, or anyone authorized by it, may determine,
acting reasonably, whether an emergency exists.
o) If an owner shall not be personally present to grant entry to his unit or the
exclusive-use common elements, the Coqoration, or its agents, may enter
upon such unit or exclusive-use common elements without rendering it, or
them, liable to any claim or cause of action for damages by reason thereof,
provided that they exercise reasonable care;
p) The Corporation may require that it be furnished with a key to each lock that
prevents access to any part of a unit and its exclusive-use common elements.
No owner shall change any lock or place any additional locks in his unit or
on the common elements without immediately providing the Corporation
with a key for each new or changed lock;
q) The rights or authori'ty hereby reserved to the Corporation, its agents or any
insurer or its agents, do not impose any responsibility, or liability whatsoever
for the case or supervision of any unit its euclnsive-use common elements,
except as specifically provided for in this Declaration, the Act or the Bylaws.
ARTICLE IV
DUTIES OF THE CORPORATION
The Corporation shall have a duty to administer the Property in accordance with the following provisions:
4.1 Insurance - The Corporation shall maintain fAe insurance required by the Act in such amounts and upon such terms as the Board of Directors may determine from time to time.
4.2 Damage - Where damage should occur to a unit, and such damage was not caused by the Corporation or any of its servants, agents or employees, and by reason of such damage, proceeds of insurance for the purpose of effecting repairs to such unit, are paid by an insurance cou~pany pursuant to a policy of insurance maintained by the
Corporation, and a deductible amount is not paid or is withheld by such insurer, pursuant to the terms of such insurance policy then the unit owner shall be responsible for the amount of such deductible to effect such repairs.
4.3 Betterment and Improvements - Bettennent and improvements shall include but are
not limited to: kitchen and bathroom cabinets, vanities, broadloom, floor covering,
window coverings, lighting fixtares, fixtures, doors within the units, appliances and
all other items considered part of the interior finishing of the nnits. It is the owner's
responsibility to insure all betterment and improvements and to repair and/or replace
same if they are removed, injured or destroyed.
4.4 Indemnification by Owners -
a) Each owner shall indemnify and save the Corporation harmless kom any
loss, costs, damages, injury or liability which the CorporXion may suffer or
incnr resulting *om or caused by any act or omission of such owner, causing
damage to the common elements or to any unit, except for any loss, costs,
damage, injury or liability insioed against by the Corporation. AU payments
to be made pursuant to this section may be recovered as additional
conhbutions toward the common expenses payable by such owner or by an
action by ihe Corporation against such owner;
b) Each owner who buys a unit in this Property acknowledges that the
Declaration, By-laws and Rules constitute a private contract by which he
agrees to be bound,
c) If the Condominium Corporation institutes proceeding against an owner
pwuant to the Act and is successful in said action, the Condominium
Corporation shall he entitled to recover its costs on a solicitor and client
basis, and all such costs shall bear interest at the rate of eighteen per cent
(18%) per annnm until paid by the owner. %e Corporation may collect such
costs in such instalments as the Board may decide upon, wluch iostalments
may be added to the monthly contributions towards the common expenses of
such owner, after receipt of written notice h n l the Corporation thereof, and
shall be treated in all respects as common expenses, and recoverable as such.
ARTICLE V
MAINTE.NANCE AND REPAIRS
5.1 Each own? &all maintain and keep clean:
a) his unit and all betterment and improvements thereto;
b) the interior surfaces of doors which provide the means of entry and exit
from the unit;
c) the interior surfaces of all windows and screens in or adjacent to the uut;
d) the exterior surface of windows, doors and screens which are accessible
kom the nnit;
e) theexclusiveuse common elements appurtenant to the owner's unit.
5.2 Each owner shall repair affer damage:
a) his unit and all betterment and improvements thereto at his own expense;
b) windows, and screens, as well as doors which provide the means of entry
and exit &om the unit using materials approved by and trades designated by
the Corporation;
5.4 The Corporation shall repair after damage the exclusive-use common elements and the common elements.
SCHEDULT "C"
UNIT DEFINITION
Each Condominium Unit, being Umts 1 to 16 inclusive on Level 1, Units I to 16 inclusive on Level 2 and Units 1 to 16 mclusive on Level 3 shall comp~iseth e area Within,the heavy lies shown on of the Description with respect to the unit n~unbersin dicated thereon.
The monuments controlling the extent of the units ax the physical surfaces and planes referred to below, and are illustrated on Part 1 of the Description, and all dimensions shall have reference to them.
Without limiting the generality of the foregoing, tbe boundaries of each unit are as follows:
BOUNDARIES OF THE CONDOMINIUM DWELLING
(being Units 1 to 16 inclusive on Level 1)
(being Units I to 16 inclusive on Level 2)
(bing Units 1 to 16 inclusive on Level 3)
a) Each Condominium Unit is bounded vertically by:
(i) The upper surface of the udinished concrete floor slab on which the unit rests;
(ii) The lowq surface of the &shed concrete ceiling slab on Levels 1 and 2; and,
(iii) The backside face of the uppermost layer of drywall on Level 3
b) Each Condominium Unit is bounded horizontaly by:
(i) The backside surface of drywall sheathing separatiag one unit from another such
unit or from the common element;
(ii) The Intenor or unit side surface of all exterior doors, door frames, window frames
and glass panes if any therein, the doors and windows being in a closed position;
(iii) In the vicinity of ducts, shuchd walls and pipe spaces, the unit boundaries are the
backside surfaces of thedrywall sheathing enclosing said ducts and pipe spaces,
both horizontally and vertically, where applicable.
With respect to all Units:
(i) In cases where any such surface or plane aforesaid is interrupted by apertures for
exhaust ducts, such surface or plane shall be extended across such apemes.
I hereby certify that the written description of the and boundaries of the Units contained
herein accurately corresponds with the diagrams on Part 1, Sheet 1 of the Description.
Dated December 4/07
Ontario Land Surveyor
Reference should be made to the provisions of the Declaration itself, in order to determine the maintenance and repair responsibilities for any Umt, and whether specific physical components (such as any wires, pipes, cables, conduits, equipment fixtures, structural components and/or any other appurtenances) are included or excluded from the Unit regardless of whether same are located within or beyond the boundaries established for such Unit.
J. DOUGLAS SHANKS, LL.6.
CHEADLES LLP
E-mail:
AREA OF PRACTICE
Doug devotes a substantial portion of his practice to Real Estate,
Commercial, Business and Banking Law issues. A significant portion of his practice
,involves condominium law issues, real estate, financing and collections for major
financial institutions, administrative boards and non-profit corporations. He has acted
for one of Canada's largest franchising corporations, having done so since 1978, and
was responsible for the development of that system from a legal perspective. He further
acts for a number of multinational mining corporations in Northwestern Ontario. Doug is a past board member of the Consent and Capacity Board of Ontario, and has dealt with Ontario Consent Capacity legislation in that role.
EDUCATIONAL BACKGROUND
LL.B. (The University of Western Ontario - 1976)
Call to Ontario Bar (Barrister and Solicitor - 1978)
University of Windsor - Negotiations Course, ln~tiaal nd Advanced
MEMBERSHIP
Doug is an associate member of the Thunder Bay Real Estate Board. He
is a past member of the Canadian Bar Association, the Canadian Tax Foundation, and
director of the Thunder Bay Law Association. He is a past member of the Canadian Bar
Association Ontario Council. Doug sewed on the Lakehead University Foundation for 3
years and was the Treasurer of the same for 2 years. Doug is a member of The
Advocates' Society of Ontario, past president of the Port Arthur Rotary Club (present
member) and member of the Thunder Bay Law Association. Doug is a director and
Vice-President of the Northwestern Ontario Chapter of the Canadian Condominium
Institute, immediate past President of the Thunder Bay Professional Advisors Institute
and the post Vice-Chair of the City of Thunder Bay Committee on review of the
remuneration for the Mayor and councillors of the City.
COMMUNITY INVOLVEMENT
Doug has served as a sessional lecturer with the Lakehead University
School of Business Administration and lectures on various topics dealing with real
estate law, franchising for the Federal Business Development Bank, Confederation
College and other community groups.
