Thursday, January 15,2009
Italian Cultural Centre
132 Algoma Street South
Thunder Bay, Ontario
J. DOUGLAS SHANKS, CHEADLES LLP
Sample Standard Unit By-Law 2
Sample Declaration 6
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.
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
TUNDER BAY CONDOMINIUM CORPORATION NO. 18
BY-LAW NO. 5
STANDARD CONDOMINIUM UNIT DEFINITION
NOW THEREFORE be it enacted as a By-Law of THUNDER BAY CONDOMINIUM CORPORATION NO. 18 (hereinafter referred to as the “Corporation”) as follows:
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 (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:
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.
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.
The registration of the Declaration and Description will create a Freehold Standard Condominium.
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.
The monuments controlling the extent of the units are the physical surfaces mentioned in the boundaries of units in Schedule “C” attached hereto.
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%).
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%).
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.
The Corporation shall have a duty to administer the Property in accordance with the following provisions:
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.
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.
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.
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.
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.
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;
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.
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