BY-LAWS PREAMBLE

BY-LAWS DEAL WITH THE GOVERNANCE OF CONDOMINIUM CORPORATIONS (i.e. how they are run). For instance, by-laws may deal with the qualification of condominium directors, their remuneration (if any) and their term of office. It may deal with the quorum required to hold meetings (of the board or of the owners). It may grant a corporation with the power to borrow money. It may also define what constitute a standard unit for the purpose of determining the responsibility of repairing or maintaining improvements made to the unit. It may also restrict the use and enjoyment that a person other than the occupant of a unit may make of common elements. By-laws can also govern the management of a property.

Matters that may be the subject of by-laws are specified in the Condominium Act. By-laws are passed by the board of directors. They are important for the administration of the condominium corporation and the management of the condominium building. For example, by-laws may restrict the use of common use elements by non-residents. There are also matters that are beyond the scope of the board, which if included in by-laws, may be challenged, even in court.

BY-LAWS MAY BE PASSED, repealed or amended by the board of directors. They must, however, be reasonable and they cannot be inconsistent with the Act or the declaration. Before becoming effective, OPERATIONAL BY-LAWS - must be approved by a majority of the units of the corporation. Therefore, 50% +1 of all units (39 members) must approve a proposed operational by-law. ADMINISTRATION/MANAGEMENT BYLAWS - must be approved by a majority of the representation at a members' business meeting.
Once this happens, it must be registered on title. Only then does the by-law become enforceable.

NOT ALL CONDO BY-LAWS OF REQUIRE AN ABSOLUTE MAJORITY TO PASS

As most of our readers know, condominium by-laws in Ontario can only be adopted if approved by at least a majority of all registered units. But this is not true of all by-laws. Some can be adopted by a “simple majority”. This post is about those.

WHAT'S A BY-LAW? Generally speaking, by-laws deal with the governance of the condo corporation (ie. how they are run). They deal with qualification of directors; quorum; rules on voting; whether the corporation can borrow money; what constitutes a standard unit by-law; and (at least for now) who pays for the deductible if the corporation makes an insurance claim etc. …

By-laws cannot be inconsistent with the Declaration or the Condo Act and must be reasonable.

HOW ARE BY-LAWS ADOPTED? By-laws are first adopted (or presented) by the board by way of a resolution at a board meeting. Then they are submitted to a vote of owners.

As indicated above, most by-laws are not effective unless they are approved by at least 50% of all registered units (regardless of whether these owners are participating to the meeting or casting a vote). This is what makes them rather difficult to adopt.

BY-LAWS ADOPTED BY SIMPLE MAJORITY - Some by-laws, however, can be adopted by simple majority, which means that they become effective if they are approved by at least 50% of those owners participating to the meeting of owners called to vote on it.

Indeed, section 56(10)(a) of the Condo Act specifically provides that some by-laws can be approved by a lower percentage if provided by regulation. Section 14(2) of the general regulation does, indeed, provide for a few such exceptions. Unsurprisingly, the regulation drafting style requires that the reader have a map, a compass and a flashlight to figure out which by-laws can be adopted by such a lower majority. See for instance subsection 14(2)(s) which confirms that by-laws governing “information described in sub-subparagraph 4 ii C of subsection 24.3 (4) to be included in a notice described in paragraph 4 of that subsection, in addition to the information required by that paragraph” can be adopted by a simple majority. Rejoice!

In an attempt to clarify the playing field a bit, we list below, in plain English language, the topics which can be adopted by a simple-majority by-law. These include by-laws dealing with:
Telephonic or electronic voting;
Corporation records, such as the determination of which additional records must be kept by corporations and additional preservation periods for certain records;
The additional information to be included in the Information Certificates, as well as any increase in their frequency;
Additional information to be disclosed by directors running for election, the timing of such disclosure and whether the disclosure must be in writing;
Additional material to be included in the preliminary notice and/or the general notice of meeting;
Additional material to be placed before owners at a meeting of owners;
Additional information to be included in the record of owners and mortgagees;
The manner in which an owner may be present at a meeting or may be represented by proxy;
The method of electronic communication that the board may use under the Act;
The additional portion of the proxy or ballot which is accessible to owners wishing to inspect them; and, amongst others,
Additional information required to be included in a notice to owners dealing with the installation of an electric vehicle charging system.

All of the above topics can be regulated by by-laws which only require a simple majority of owners to be adopted. A simple majority, as stated above, means that such by-laws can be adopted by the majority of units participating to a meeting (either in person or by proxy).

THE GOOD NEWS is that it makes it far easier to adopt these by-laws and you no longer need to adjourn the meeting to collect proxies when you fail to reach a 50% quorum. The “bad news” is that since 25% of the units constitutes sufficient quorum to conduct business at an owners meeting, the above by-laws can therefore be adopted by as little as 13% of the units. Another good reason to get interested in the affairs of your corporation and to show up at owners’ meetings.

Re-printed with permission from the CondoAdviser.ca

Files coming soon.

BY-LAW 1, ARTICLE 1 - INTERPRETATION

By-law 1 registered on April 18, 1973

1.01 Definitions – In this By-law and all other By-laws of the Corporation, unless the context otherwise requires:

“Act”

Means The Condominium Act and any act that may be substituted therefore and the regulations passed thereunder all as from time to time amended; manner in which, and the person or persons by whom, any particular instrument or class of instruments may or shall be signed. Any person authorized to sign an instrument on behalf of the Corporation may affix the corporate seal thereto.

“Board”

Means the board of directors of the Corporation;

“By-laws”

Means this By-law and all other By-laws of the Corporation from time to time in force’ By-laws are legally binding documents approved by a condo’s board of directors and voted by owners at an owners’ meeting. By-laws’ purpose is to complement what is missing or is not specific enough in the declaration.

“Corporation”

Means the corporation incorporated under the Act by registration of the Declaration and Description in the Office of Land Titles at Toronto and named YORK CONDOMINIUM CORPORATION NO. 84

“Declarant”

Means the declarant in the Declaration, Wimpey Developments Limited

“Land’

Means the land described in the Description

“Meeting of members”

Includes an annual meeting of members and a special and a general meeting of members; words importing the singular number include the plural and vice versa; words importing the masculine gender include the feminine and neuter genders; words importing persons including individuals, corporations; partnerships, trusts and unincorporated organizations; words used herein which are defined in the Act shall have the meanings se for therein.

BY-LAW 1, ARTICLE 3 - DIRECTORS

3.03 Election and term - The board shall be divided into three classes to be known respectively as Classes A, B, and C. Class A shall be composed of three directors and Classes B and C shall be composed of two directors each. At the first general meeting of the members of the Corporation three Class A directors shall be elected for a term of three years each, two Class B directors shall be elected for a term of two years each and two Class C directors shall be elected for a term of one year each. At each annual meeting one class of directors shall retire from office pursuant to the expiry of the term for which such class to be elected to replace the directors so retiring shall be elected for re-election, and retiring directors shall continue in office until their successors have been duly elected.

3.05 Vacation of office - The office of a director shall be vacated upon the occurrence of any of the following events:

(a) if a receiving order is made against him or if he makes an assignment under the Bankruptcy Act;

(b) if an order is made declaring him to be a mentally incompetent person or incapable of managing his affairs;

(d) if by notice in writing to the Corporation he resigns his office and such resignation, if not effective immediately, becomes effective in accordance with its terms.

3.09 Regular meetings - The board may appoint a day or days in any month or months for regular meetings at a place and hour to be named. A copy of any resolution of the board fixing the place and time of regular meetings of the board shall be sent to each director forthwith after being passed, but no other notice shall be required for any such regular meeting

3.10 Place of meeting - Meetings of the board shall be held at the head office of the Corporation or, if the board so determines or all absent directors consent, at any other place in Ontario.

3.11 Chairman - The president or, in his absence, the vice-president shall be chairman of any meeting of directors. If no such officer be present, the directors present shall choose one of their number to be chairman.

3.12 Votes to govern - At all meetings of the board every question shall be decided by a majority of the votes cast on the question. In case of an equality of votes the chairman of the meeting shall be entitled to a second or casting vote.

3.13 Action by the board - The board may exercise on behalf of the Corporation all rights, powers and duties conferred on the Corporation by the Act and the Declaration and the by-laws except such rights and powers which under the Act are to be exercised by a majority of the members or by a vote of members owning a specified percentage of the common elements.

3.14 Advisory committees - The board may from time to time appoint such committees, which may include persons who are of any such committee shall be advisory only. Unless otherwise ordered by the board and subject to Section 4.04, each committee shall have power to fix its quorum at not less than a majority of its membership, to elect its chairman and to regulate its procedure. Subject to re-appointment by the board, a director shall cease to be a member of each committee to which he was appointed upon his ceasing to be a director.

BY-LAW 1, ARTICLE 4 - OFFICERS

4.03 - Terms of office and remuneration - The terms of employment and remuneration of officers elected or appointed by the board shall be settled by it from time to time. The board may remove at its pleasure any officer of the Corporation, without prejudice to such officer's rights under any employment contract. Otherwise each officer elected or appointed by the board shall hold office until his successor is elected or appointed, except that the term of office of the president and the vice-president shall expire if and when the holder of such office shall cease to be a director

4.04 - President - The president shall have the general management and direction, subject to the authority of the board, of the business and affairs of the Corporation and the power to appoint and remove any and all employees and agents of the Corporation not elected or appointed by the board and to settle the terms of their employment and remuneration. The president shall be, ex officio, entitled to receive notice of and attend every meeting of every committee appointed by the board.

4.05 - Vice-President - During the absence or disability of the president, his duties shall be performed and his powers exercised by the vice-president.

4.06 - Secretary - The secretary shall attend and be the secretary of all meetings of members and directors and shall enter or cause to be entered in books kept for that purpose minutes of all proceedings there at. They shall give or cause to be given, as and when instructed, all notices to members and directors. They shall be the custodian of the stamp or mechanical device generally used for affixing the corporate seal of the Corporation and of all books, papers, records, documents and other instruments belonging to the Corporation except when some other officer or agent has been appointed for that purpose by the president may prescribe.

4.07 - Treasurer - The treasurer shall keep full and accurate books of account in which shall be recorded all receipts and disbursements of the Corporation and, under the direction of the board, shall control the deposit of money, the safekeeping of securities and the disbursement of the funds of the Corporation. They shall render to the board whenever required and account of all transactions as treasurer and of the financial position of the Corporation and they shall perform such other duties as the board or the president may prescribe.

4.08 - Other officers - The duties of all other officers of the Corporation shall be such as the terms of their engagement call for or as the board or the president may prescribe. Any of the powers and duties of an officer to whom an assistant has been appointed may be exercised and performed by such assistant, unless the board or the President otherwise direct.

4.09 - Variation of duties - From time to time the board may vary, add to or limit the powers and duties of any officer.

4.10 - Fidelity bonds - The board may require such officers, employees and agents of the Corporation as the board deems advisable to furnish bonds for the faithful discharge of their duties, in such form and with such surety as the board may form time to time prescribe.

BY-LAW 1, ARTICLE 6 - MEETINGS OF MEMBERS

6.03 Place of meetings - Meetings of members shall be held at the head office of the Corporation or elsewhere in the municipality in which the head office is situated.

6.05 Meetings without notice - A meeting of members may be held at any time and place without notice if all the members entitled to vote thereat are present in person or represented by proxy, or if those not present or represented by proxy waive notice or otherwise con to such meeting being held, and at such meeting any business may be transacted which the Corporation at a meeting of members may transact.

6.06 Chairman, secretary and scrutineers - The president or, in his absence, the vice-president shall be chairman of any meeting of members. If no such officer be present within fifteen minutes from the time fixed for holding the meeting, the persons present and entitled to vote shall choose one of their number to be chairman. If the secretary or the Corporation be absent, the chairman shall appoint some person, who need not be a member, to act as secretary of the meeting. If desired, one or more scrutineers, who need not be members, may be appointed by a resolution by the chairman with the consent of the meeting.

6.07 Persons entitled to be present - The only persons entitled to attend a meeting of members shall be those entitled to vote thereat and the spouse of any such person, the directors, officers and auditors of the Corporation and the manager appointed under the provisions of Section 7.01. Any other person may be admitted only on the invitation of the chairman of the meeting or with the consent of the meeting.

6.10 Personal representative - If a member or mortgagee of a unit is deceased, his personal representative, upon filing with the secretary of the meeting sufficient proof of his appointment, shall be entitled to exercise the same voting rights at any meeting of members as the member or mortgagee of a unit would have been entitled to exercise if he were living.

Directors Note to Members: See by-law # 1 Article 12.05

6.11 Proxies - At any meeting of members a proxy duly and sufficiently appointed by a member or mortgagee of a unit shall be entitled to exercise, subject to any restrictions expressed in the instrument appointing him, the same voting rights that the member or mortgagee of a unit appointing him would be entitled to exercise if present at the meeting. A proxy need not be a member. An instrument appointing a proxy shall be in writing and, if the appointer is a corporation, shall be under its corporate seal. An instrument appointing a proxy shall be acted on only if, prior to the time of voting, it is deposited with the secretary of the Corporation or of the meeting or as may be directed in the notice calling the meeting.

6.12 Multiple ownership - If a unit or mortgage of a unit is owned or held by more than one person, any one of them present in person or represented by proxy at a meeting of members may, in the absence of the other or others, vote thereat if otherwise entitled to vote, but if more than one of them shall be present in person or represented by proxy, they shall vote together so that as a group they shall have one vote.

6.13 Trustee - If a unit owner or a mortgagee of a unit is a trustee he shall be entitled to vote at a meeting of members but the persons for whom he is trustee shall not be entitled to vote.

6.14 Mortgagee - If under the provisions of the Act a mortgagee of a unit is entitled to vote at a meeting of members, and if the mortgagee desires to exercise such right, he shall give written notice to that effect to the Corporation at its head office.

6.15 Votes to govern - At any meeting of members every question shall, unless otherwise required by the by-laws of the Corporation or by the Declaration or the Act, be determined by the majority of the votes duly cast on the question.

6.16 Show of hands - Any question at a meeting of members shall be decided by a show of hands unless, after a show of hands, a poll therein is required or demanded as hereinafter provided. Upon a show of hands every person who is present and entitled to vote shall have one vote. Whenever a vote by show of hands shall have been taken upon a question, unless a poll theron is so required or demanded, a declaration by the chairman of the meeting that the vote upon the question has been carried or carried by a particular majority or not carried and an entry to that effect in the minutes of the meeting shall be prima facie evidence of the fact without proof of the number or against any resolution or other proceeding in respect of the said question, and the result of the vote so taken shall be the decision of the members upon the said question.

6.17 Polls - After a show of hands has been taken on any question, the chairman may require, or any person present and entitled to vote on the question, may demand a poll thereon. A poll so required or demanded shall be taken in such manner as the chairman may direct. A demand for a poll may be withdrawn at any time prior to the taking of the poll. Subsequent Provincial Act legislation allow the for Corporation business matter each member is entitled to one vote. Percentage splits are only for assessing condominium fees.

Directors Note to Members: See Declaration point # 2.

6.18 Casting vote - In case of an equality of votes at any meeting of members, either upon a show of hands or upon a poll, the chairman of the meeting shall be entitled to an additional or casting vote.

6.19 Adjournment - The chairman at a meeting of members may, with the consent of the meeting and subject to such conditions as the meeting may decide, adjourn the meeting from time to time and from place to place.

6.20 Minutes - A copy of the minutes of each annual and special meeting of members shall be given to each first mortgagee of a unit who has given written notice to the Corporation of his interest in the property.

BY-LAW 1 - ARTICLE 7

MANAGEMENT OF THE PROPERTY

7.01 The property shall be managed at all times by a person, firm or corporation experienced in the management of properties of a similar nature selected and engaged by the board of directors for such period and upon such terms and conditions as the board may from time to time think fit.

BY-LAW 1 - ARTICLE 9

ASSESSMENT AND COLLECTION OF CONTRIBUTIONS FOR THE COMMON EXPENSES

Directors' Note to Members: See by-law #1, Article .09.

Throughout this Article the registered by-law uses the expression "calendar year". Because the fiscal year end no longer coincides with the calendar year that expression has been altered to "fiscal year" except in Article # 9.03.

9.03 Budget for common expenses - Prior to the end of each fiscal year, the board of directors shall cause a budget to be prepared of the estimated amount of the common expenses for the ensuing fiscal year under various headings including a heading for a contingency reserve fund. In preparing the budget there shall be taken into account any surplus for the contingency reserve fund for that year or period. It shall be the obligation of the Corporation to maintain a contingency reserve fund.

9.04 Assessments for common expenses - Each unit owner shall be assessed prior to the end of the fiscal year in each year for his contribution to the common expenses for the ensuing fiscal year based upon the budget for that year, a copy of which shall be given to each unit owner along with notice of such assessment. Such assessed contributions shall be paid to the Corporation in equal monthly installments on the first day of each month during such ensuing fiscal year.

9.05 Additional expenses anticipated during year - If during any fiscal year it appears to the board of directors that the contributions to common expenses assessed against the unit owners for that year will be insufficient to meet the common expenses for that year the board may assess an additional contribution against each unit which shall be paid by each unit owner to the Corporation at the times and in the installments, if any, determined by the board.

9.06 Additional expenses determined after end of year - If after the end of any fiscal year, or the initial period, it is determined that the contributions to common expenses assessed against the unit owners for that year, or initial period, have been insufficient to meet the common expenses for that year, or initial period, the board may assess an additional contribution against each unit which shall be paid by each unit owner at the time determined by the board.

9.07 Interest on overdue payments - The amount of any contribution to common expenses if not paid within ten days next after the due date thereof shall carry simple interest from such due date until paid at such rate as may be determined by the board from time to time and all payments on account of overdue contributions shall be credited first to interest and then to the contributions in the order in which they became due. The board may not set a rate in excess of 1-1/2% per month or 18% per annum.

9.08 Remedies of Corporation - If any monthly contributions to common expenses during the initial period or in any fiscal year thereafter remains unpaid for thirty days or more, the Corporation in addition to any remedies it may have under the Act may, at the direction of the board, commence legal action to enforce payment thereof.

BY-LAW 1 - ARTICLE 10

USE OF UNITS

10.01 Private dwelling houses - Each unit shall be used for the purpose only of a dwelling house for the owner or tenants thereof and his or their immediate family and guests and shall not be used for the purpose of supplying lodging with or without meals for gain

10.03 Animals and birds - No animal or bird shall be kept in or about a unit except a household pet normal in a private house in an urban residential area.

10.04 Nuisance - NOTHING SHALL BE DONE, OR OMITTED, OR PERMITTED TO BE DONE OR OMITTED IN OR ABOUT A UNIT WHICH -

(I) SHALL BE A NUISANCE TO THE OWNER OR OCCUPANT OF ANY OTHER UNIT,

(II) MAY CONSTITUTE A FIRE HAZARD OR CAUSE THE PREMIUMS FOR FIRE INSURANCE ON THE PROPERTY OR ANY PART THEREOF OR ON ANY CHATTELS IN ANY UNIT TO BE INCREASED

10.06 Water shall not be left running in any unit unless in actual use. Plumbing fixtures and equipment shall not be used for any purpose other than that for which they were designed, and no sweepings, garbage, rubbish or other substances shall be placed therein. Any damage to the plumbing, electrical or heating systems of any building caused by the wrongful act of any owner or occupant of a unit shall be repaired at the expense of the owner of the unit.

10.07 Signs - No signs, notice or advertisement shall be affixed to or painted on the exterior, of any unit or the interior thereof which can be seen from the outside of the unit except that the declarant may affix signs on any unit which it owns for the purposes of promoting the sale of units on the land and of promoting developments on adjacent lands of the declarant.

Directors' Note to Members : See by-law # 1 Article # 11.11

10.09 Inflammable material - No inflammable or combustible substances shall be kept in a unit except to the extent permitted under the Corporation's fire insurance policies.

10.10 Alterations - No part of the structure of any unit and no part of the drainage or plumbing system of any unit and no part of any facility servicing more than one unit or contained in a bearing or party wall shall be altered, removed, replaced, moved or extended without the prior written consent of the Corporation.

10.11 Corporation's work - No part of a unit required by the Declaration to be maintained by the Corporation shall be painted, decorated or otherwise affected by anyone other than the Corporation.

10.12 Laundry – (See Rule 16) No laundry or washing shall be hung or placed outside a unit or inside a unit so as to be visible from outside the unit.

10.13 Awnings - No awnings or shades shall be erected over and outside any window or door of a unit without the prior written consent of the Corporation

10.14 Electrical appliances - All electrical appliances and equipment used in any unit shall comply with the applicable regulations in force from time to time.

10.15 Government requirements - No unit owner or occupant shall do anything or permit anything to be done that is contrary to any of the provisions of any applicable statute or municipal by-law.

BY-LAW 1 - ARTICLE 11

USE OF COMMON ELEMENTS

11.01 Obstruction of sidewalks, etc. - The sidewalks, paths and roadways shall not be obstructed or used for any purpose other than to gain access to the units and other parts of the common elements.

11.02 Parking areas - No motor vehicle, other than a private automobile, and no trailer shall be parked in other than an enclosed garage.

11.04 Storage - No article or thing of any nature shall be stored for any period of time whatsoever on any part of the common elements other than a private automobile in a parking space.

11.05 Noise - No owner, occupant or guest shall do anything in the common elements that shall be noisy or offensive or likely to interfere with the enjoyment of the common elements or the units by any owner, occupant or guest.

11.06 Acts likely to cause damage – No person shall do anything which damages or is likely to damage any plants, bushes, hedges, shrubs, lawn, grass or landscaping work or any equipment, ornaments or structures.

11.07 Animals - No animal or bird shall be kept in the common elements.

11.08 Fire - Nothing shall be burnt or cooked in the common elements except cooking in any patio or lawn area allocated for the exclusive use of a unit and no inflammable or combustible materials shall be used therein except as aforesaid.

11.09 Gardens - No part of the common elements shall be cultivated except by the Corporation except the lawn area referred to in Section 11.08.

11.11 Signs - No sign, notice or advertisement shall be placed on any part of the common elements except by the Corporation without the prior consent of the Corporation other than an ordinary sign offering a unit for sale or rent and except signs of the declarant promoting the sale of units on the land and of promoting developments on adjacent lands of the declarant.

Directors' Note to Members: See By-law # 1 Article 10.07.

BY-LAW 1 - ARTICLE 12

NOTICES

12.01 Method of giving notices - Any notice (which term in this Article Twelve includes any communication or document) to be given (which term in this Article includes sent, delivered or served) pursuant to the Act, the Declaration, the by-laws or otherwise to a member, director or officer or to a mortgagee of a unit shall be sufficiently given if delivered personally to the person to whom it is to be given or if delivered to his last address as recorded in the books of the Corporation or if mailed by prepaid ordinary or air mail addressed to him at his said address or if sent to him at his said address by any means of wire or wireless or any other form of transmitted or recorded communication. The secretary may change the address on the Corporation's books of any member, director or officer or of any mortgagee of a unit in accordance with any information believed by him to be reliable. A notice so delivered shall be deemed to have been given when it is delivered personally or at the address aforesaid; a notice so mailed shall be deemed to have been given when deposited in a post office or public letter box; and a notice sent by any means of wire or wireless or any other form of transmitted or recorded communication shall be deemed to have been given when delivered to the appropriate communication company or agency or its representative for dispatch.

12.02 Notice to joint owners - If any unit or mortgage of a unit is owned or held by two or more persons, notice to one of such persons shall be sufficient notice to all of them except that if a first mortgage of a unit is held by two or more persons notice shall be given to each person.

12.03 Compensation of time - In computing the date when notice must be given under any provisions requiring a specified number of days' notice of any meeting or other event, the date of giving the notice shall be excluded and the date of the meeting or other event shall be included.

12.04 Omissions and errors - The accidental omission to give any notice or the non-receipt of any notice or any error in any notice not affecting the substance thereof shall not invalidate any action taken at any meeting held pursuant to such notice or otherwise founded therein.

12.05 Persons entitled by death or operation of law - Every person who, by operation of law, transfer, conveyance, death of a person or by any other means whatsoever, shall become entitled to any unit or interest therein shall have been duly given to a person from whom he derives his title previous to his name and address being entered on the books of the Corporation (whether it be before or after the happening of the event upon which he became so entitled).

Directors' Note to Members: See By-law # 1, Article 6.10.

12.06 Waiver of notice - Any person (or his duly appointed proxy) may waive any notice required to be given to him under any provision of the Act, the Declaration, the by-laws or otherwise and such waiver, whether given before or after the meeting or other event of which notice is required to be given, shall cure any default in giving such notice.

BY-LAW 2 WINDOW SILLS

Window Sills - Nothing, except an air-conditioner of the type using 120 volt house current only, shall be placed on or hung outside of the window sills or projections of any unit.

BY-LAW 3 RECEPTION T.V. ETC.

Television antennae and air-conditioning units - No antenna, aerial, tower or similar structure or equipment and no air conditioning unit, except a window type air-conditioning unit of the type using 120 volt house current, installed and operated according to the rules set forth in article 3.A hereafter, shall be erected or placed in the common element except by the Corporation.

BY-LAW 5 - FINANCIAL STATEMENTS

Financial Statements - The Corporation shall permit unit owners to inspect the books of account of the Corporation. The Corporation shall send to each unit owner semi-annul statements of the income and expenditures of the Corporation for each half and, with each notice of annual meeting, a copy of the financial statement of the Corporation for the financial year last ended, and of any auditors' report thereon, showing, amongst other things, the contributions received and disbursements made towards the common expenses and the amount of the contingency reserve. Any first mortgagee of a unit who has given written notice to the Corporation of his interest in the property shall also be sent a copy of such financial statement and any auditors' report thereon.

BY-LAW 7 - MOTOR VEHICLE USAGE

Be it enacted as a by-law of York Condominium Corporation No. 84 as follows:

This by-law replaces by-law no. 1, article number eleven, paragraph number three (11.03).

Only a licensed operator shall drive a licensed and insured motorized vehicle on common element roadways, driveways and designated parking spaces.

No motorized vehicle shall be driven on common element roadways, driveways and designated parking spaces at a speed in excess of twenty (20) kilometers per hour.
No private motorized vehicle shall be parked on any part of the common elements other than in an enclosed garage, on a driveway or in a designated parking space.

No motorized vehicle shall be repaired on any part of the common elements.

BY-LAW 9 - MULTIPLE TOPICS (Registered May 24, 1995)

Article #1 - Disclosure - Member Contact Information - Disclosure Permitted
Article # 2 - Records Retention (Act Regulation # 13)
Article # 3 - Number of Directors
Article # 4 - Removal of Directors
Article # 5 - Directors' - Vacancies

Disclosure – Member Contact Information Member contact information includes names, addresses, telephone numbers, and any other means of member contact.

The Corporation is required to maintain a membership contact list. Once contact information is given out, its provider loses control over its future use and distribution. To protect the privacy of members, contact information may and may not be disclosed as outlined below. The recipient, of member contact information, is to use that information only for the reason for which is it provided.
9.1 Disclosure Permitted
9.1.1 This information is to be provided to the Property Manager. The Property Manager may use discretion in providing this information to trades people, legal counsel, etc. as is necessary in fulfilling the property management job function
9.1.2 Members names and addresses only may be provided to a board member(s) for the fulfilment of the duties of that board member.
9.1.3 Board members names, addresses and telephone numbers may be provided to any member or adult resident. In addition, board members names, addresses and telephone numbers may be provided to any government body having the right to have such information.
9.1.4 This information may be otherwise be disclosed only with written permission from the individual member.
9.2 Records Retention To operate its business and to meet legal requirements the corporation keeps records of financial and other business matters. Records may be on paper, on electronic media; or, other means of storage.
9.2.1 The custodian of corporation records, without further consultation, may destroy corporation records upon expire of the term stated below.
9.2.2 The Board retains the right to instruct the records custodian to temporarily retain records for a term in excess of that requirement.
9.2.3 Except where an issue is outstanding from the records. RECORDS ARE TO BE RETAINED FOR SEVEN FISCAL YEARS. An outstanding issue is on which still has current effects; such as, rules signed by a member(s), appraisals, surveys, etc.
Directors’ Note:
November 1, 2017 – New Condominium Act – Regulation # 13

Declaration, by-laws, rules, shared facilities agreements Unlimited
Budget for current fiscal year 7 years
Most recent approved financial statements 7 years
Most recent reserve fund plan Unlimited
Performance Audits Unlimited
Record of owners and mortgagees 7 years
Information Certificates 7 years
Minutes of owners' and board meetings held after Nov. 1, 2017 Unlimited
Any other record required by a by-law, if applicable As per by-law

9.3 Numbers of Directors and Quorum at Board Meetings
This by-law 9.3.1 replaces By-law 1, Article 3.01. The affairs of the corporation shall be managed by its board of directors. The number of directors shall be seven of whom four shall constitute a quorum for the transaction of business. Notwithstanding vacancies the remaining directors may act if constituting a quorum.
9.3.2 Directors' Note: See Act 34(4) In order to effectively manage the condominium corporation business officers and directors have an obligation to attend board meeting. Non-attendance is a disservice and hindrance to running of corporation business. See Act 34(4).
a) When-ever a quorum fails to be in attendance for three consecutive board meetings those attending the third meeting are to set a date for the next meeting. The notice of meeting is to determine the status of the current board and to determine if an general meeting is required to elect a new board. This board meeting is to be within the next two weeks.
b) If a quorum does not attend this meeting those in attendance are to issue a notice, to all members, that the current board is dissolved and provide notice of a special members’ meeting to elect a new board of directors. This meeting is to be within the next three weeks. The notice of meeting must include the following tow agenda items:
i) member voting out of the entire board of directors (this item must precede the following agenda item);
ii) member voting in a board of directors.
c) Until a new board is formed
The most senior officer in attendance at the dissolving meeting is to be the “Principal Representative”, of the members, until a new board is elected; and is, to chair the new board’s first meeting until officers are in place.
If an officer is not in attendance at the dissolving meeting, from amoungst themselves, attending board members are to appoint one of themselves to be the corporations “Principal Representative”. If none wants this position then they may approach an agreeable member of the corporation.
The “Principal Representative” and the others attending the dissolving meeting are to work with the property manager to run the corporation.
The “Principal Representative” is to assume duties of the President.
9.4 Removal of Directors
9.4.1 By-law 9.4 replaces By-law 1, Article 3.04.
9.4.2 Any director may be removed before the expiration of his term by a vote of owners who together own a majority of the units and the owners may elect in accordance with the by-law dealing with the election of directors, any person qualified to be a member of the board of directors, any person qualified to be a member of the board of directors for the remained of the term of the director removed.
Directors’ Notes to Members: See the Act 18.8
9.5 Directors – Vacancies
9.5.1 By-law 9.5 replaces By-law 1.3.06
9.5.2 If a vacancy in the membership of the board occurs, other than by way of removal (by-law 9.4) or as a result of a number of directors being increased, the remaining members of the board may appoint any person qualified to be a member of the board to fill the vacancy until the next annual meeting at which time the vacancy shall be filled by election by the owners.
Directors’: Notes: See the Act 15.9.

BY-LAW 10 SKYLIGHT

Be it enacted as a by-law of York Condominium Corporation Number 84 as follows: The roof area and attic areas are common elements area. These areas were originally constructed without skylights. Subject to a rule having a similar title a unit may install skylights. By the authority of this by-law the corporation may develop a rule for an individual member to install skylights in and through these areas.

BY-LAW 12 - BUSINESS

Be it enacted as a by-law of York Condominium Corporation Number 84 as follows:
Article 10.02 of by-law number1 is hereby repealed and replaced with this by-law as set out herein:
No unit shall be used for the purpose of an office of a doctor, dentist, lawyer, chiropractor or drugless practitioner or any business that causes a unit to be used as a non-residence. All other businesses are subject to compliance with the then current zoning by-law, all applicable regulations and legislation, the Condominium Act, Declaration and By-laws. The member / resident will be responsible for any additional insurance necessary for the business.

BY-LAW 13 - GAS UTILITY

Registered March 31, 1997

1. INTRODUCTION

1.1 This by-law is to be reference3d and agreed to in any contract with any gas utility contractor. The Corporation may no sign any contract or easement, etc. with a gas utility contractor until these requirements are met.
1.2 Future Corporation; or, services plans may require:
Removal of; or, alterations of installations. The Corporation shall not be responsible for either reimbursement to the member, or for any restoration
1.3 Within the limits of this By-law, members are permitted to install one gas utility line into their townhouse.
1.4 No gas installation work may start until the gas utility contractor shows the Corporation member signed contracts in a volume at least equal to the minimum stated in the gas utility company’s feasibility report.
1.5 After the service has been installed no one may dig without proof of a gas line location service from the gas utility and presenting this to the Corporation.

2.. GENERAL REQUIREMENTS

2.1 Requests for installation / alteration / removal
2.1.1 Written approval by the Corporation is required prior to commencing any work. Corporation permission for each installation, removal, alteration to, replacement of a common element, must be applied for in writing, prior to the commencement of any work.

2.1.2 Prior to installation a drawing or sketch of the proposed installation is required. This is to show the position of the regulator / meter, entry point pipe leading into the townhouse, and venting pipes from the townhouse.

Sketches are also to show the effect on internal and external common elements. The Board of Directors, in its efforts to protect Corporation assets, may decline any application, which it feels is not in the best interest of the Corporation.

2.2 Installation / Alterations / Removal Requirements

2.2.1 Work being done which affects common elements must be done according to any related manufacturer’s / supplier’s specifications and this By-law.
2.2.2 No gas supply line may be routed through the garage.

2.3 Member’s Liabilities and Responsibilities
2.3.1 During installation the member is liable for damages to any common element.
2.3.2 FOR EACH TOWNHOUSE HAVING GAS SERVICE A GAS DETECTION METER MUST BE INSTALLED ON EACH LEVEL (INCLUDING THE BASEMENT) OF THE TOWNHOUSE.
2.3.3 All venting channels must be as per the then provincial / municipal current codes and manufacturer’s specifications.
2.3.4 Installation may affect your patio. While the patio is part of the common elements designated for the exclusive use of the member, it is a common element for which the member is responsible for continuing grading and maintenance. The member is responsible for restoration of patios to acceptable standards.
2.3.5 The Condominium does not accept liability where damage results from faulty installation. The member, the member’s heirs, subsequent purchasers, and subsequent purchaser’s heirs are bound by this liability. The member is responsible to ensure that nay subsequent purchaser is made aware of this liability.
2.3.6 The member is to ensure that any exterior gas utility item(s) are maintained in an appearance beneficial to the Corporation. Using a rust retardant paint the preferred colour choice and the brand of paint are to be included in the written request. The Corporation has the final say and may decline any application not felt to be in the best interest of the Corporation.
2.3.7 Exterior gas elements may not be used to hang articles on / from.
2.4 Responsibilities of the Corporation
2.4.1 The Corporation is responsible for all matters relating to the main line.
2.4.2 The member recognizes that the Board of Directors is responsible for the exterior appearance of installations and at any time may take nay required action to satisfy the situation
2.4.3 The Board of Directors, in its efforts to protect Corporation assets, may decline any application, which it feels is not in the best interest of the Corporation.
3. Particular Requirements
The following particular requirements are for the general basic installation. In a later point requirement for some specific topics are detailed.
3.1 All main gas lines are to be at least twenty-four inches deep. THE GAS UTILITY COMPANY IS TO PROVIDE UNDERGROUND PLAN(S) TO THE CORPORATION PRIOR TO COMMENCING ANY WORK.
3.2 The underground gas line is to be installed along the same privacy fence as the point of entry to the townhouse. No exposed external gas pipe shall run along the outside of the building.
3.3 All venting pipes must exit the townhouse at the required specification level and no additional external pipe may be added.
3.4 Water taps may not be obstructed.
3.5 Regulators may not be on brackets that cause the regulator / meter to stand out from the wall.
3.6 Holes through the building structure are to be the minimum size required. Filler for the holes is to be complementary of the area surrounding the hole. That is, matching brick or concrete. When concrete is used it is to be smoothed out to be even with the adjacent concrete.
3.7 February 26, 2018 rescinded by By-law # 17 - Introduction
3.8 Floor and ceiling joists; roof supports; and bearing wall studs may not be cut; or altered.
3.9 Underground Service Systems
Every effort should be made to ensure that installation does not interfere with existing services. If interferences are unavoidable the Corporation will arrange for service relocation and the member assumes responsibility for all related expenses.
3.10 THE MEMBER MAY NOT PERSONALLY MAKE REPAIRS TO THE GAS UTILITY ELEMENTS. ALL REPAIRS AND ADJUSTMENTS ARE TO BE COMPLETED BY A CERTIFIED GAS CONTRACTOR.
4. Specific Topics – Installation and Maintenance
4.1 Venting – permitted locations of the vents.
Vents from different sources usually require different size vents. Except for the boiler / furnace and hot water heater vents may not serve multiple sources. Each source must have its own vent.
4.2 Permitted vents
4.2.1 Dryer vent as installed during the townhouse development. This sheet metal vent may be converted for gas use provided it complies with the appliance manufacturer’s specifications.
4.2.2 Through the back townhouse wall no more than two vent holes are permitted. These may be located at a height equal to or lower than the living room floor baseboard height and no lower than one foot form the outside ground level.
4.2.3 In other that Tri-levels tow venting holes are permitted to be located over the garage at a height not to exceed eighteen inches.
4.2.4 In tri-levels two venting holes are permitted through the front wall to be located at baseboard height level on the upper most level.
4.3 Each venting hole is to have a cover similar to the cover over the venting hole installed by the Corporation.
4.4 The maximum diameter of any venting hole is not to exceed six inches.
4.5 The exterior regulator / meter and service entry are to be at ground level at the back of the townhouse.
4.6 No window, doorway or stairway may be blocked or obstructed.
4.7 Chimneys are not allowed.
Within an interior conduit consider installing a telephone, wire, cable for cable TV, Cable for personal computer communications, etc.; and /or, a number of “fish lines” for future pulling through of cables.
Gas company representatives:
• Check the gas lines semi-annually.

• Check the regulator / meter annually.

• Periodically attend to read the meters

• Other times as required for maintenance / service.

It is suggested that before allowing gas utility representatives access to your townhouse that you note particulars of the representative(s) gas company identification and then you telephone the gas company for confirmation.
Before endorsing cheques from a gas broker / supplier read all the fine print on the cheque. You may be unintentionally signing an unwanted contract.

BY-LAW #14 EASEMENT FOR THE GAS UTILITY

Special By-law 14

Easement for the Gas Utility

By-law 14 Registered on November 19, 1999

BE IT ENACTED as a special by-law of York Condominium Corporation No. 84 (hereinafter referred to as the “Corporation”) as follows:
That the Corporation enter into a gas service easement agreement with The Consumers’ Gas Company Ltd. (hereinafter called the “Gas Company”), for the purpose of granting the Gas Company, a right, license and easement over the common elements of the Corporation in order to facilitate the Gas Company’s ability to install, maintain, repair, replace and operate the Gas Company’s gas lines situated thereon and thereunder.
That the President or Secretary or Agency of the Corporation be and he is hereby authorized to execute the Gas Service Easement Agreement on behalf of the Corporation, together with all the other documents and instruments which are ancillary thereto (with or without the corporate seal of the Corporation affixed thereto), including without limitation, all instruments, applications and/or affidavits which may be required in order to register the Gas Service Easement Agreement (and any transfer or conveyance or easements) against the title to the condominium property and/or adjacent lands, if so required or desired by the Gas Company. The affixation of the corporate seal of the Corporation to all such documents and instruments is hereby authorized, ratified, sanctioned and confirmed.
The foregoing by-law is hereby enacted as Special By-Law No. 14 of York Condominium Corporation No. 84.
Dated at the City of Toronto this 19th day of November, 1999.

Files coming soon.

BY-LAW 15

Registered By-law 15 on May 7, 2003

Article 1 Standard Unit
Article 2 Satellite Reception Dishes
Article 3 Fiscal Year
Article 4 Remuneration for the External Auditor
Standard Unit By-law 15 – is an awareness by-law for insurance purposes outlining areas of responsibility for Member and corporation insurance coverage. the areas of insurance responsibility are outlined.

BY-LAW 15, ARTICLE 1

STANDARD UNIT

Be it enacted as a by-law of York Condominium Corporation Number 84 as follows:
1. Purpose:
This by-law article has two purposes.
1.1 To define the responsibility for maintenance and repair after damage of the member and the corporation.
1.2 To define the responsibility of insurance of the member and the corporation.
2. General
2.1 The Condominium Act or Declaration, including Schedule B takes precedence over any statement herein that is contrary to them. A standard unit is that as described in Schedule B of the Declaration.
2.2 The term “original” means the unit and fixtures as originally turned over by the declarant.
2.3 The term “member” is one or more parties that own the unit. Owners are responsible for occupants and visitors to a unit.
2.4 Each member must obtain permission to make an addition, alteration, improvement to the common elements (exclusive use or otherwise) from the Corporation before commencing any work. A Common Element Indemnity Agreement of liability must be completed and registered on the unit prior to work commencing.
2.5 A Common Element Indemnity Agreement may be required for work within the unit. Before commencing work check with the property manager. The member is responsible to investigate and adhere to appropriate building code(s). When required the member is also responsible to obtain a work permit(s). If a work permit is obtained a copy is to be provided to the Corporation. If a Common Element Indemnity Agreement is required work may not commence until written approval from the Corporation is provided in the form of a copy of the registration of the Common Element Indemnity Agreement on the title of the unit.
2.6 Deficiencies and indebtedness arising between the time of the last issued Status Certificate and the closing date are a matter for settlement between the vendor and the purchaser. The Corporation holds the purchaser responsible for deficiencies and indebtedness.
3. Member Insurance Coverage
3.1 The member is responsible to obtain insurance on the unit contents, personal liability and on improvements made to the unit from that originally turned over by the declarant. Once an improvement has been made the Corporation’s insurance will no longer cover it as originally turned over by the declarant.
3.2 Although not all inclusive the coverage of improvements made include:
3.2.1 Kitchen Cupboards and Counters
3.2.2 Floor Coverings (Hardwood, tiles, carpeting)
3.2.3 Bathroom fixtures, Counters and Cabinets
3.2.4 External Light Fixtures
3.2.5 External and Internal Doors
3.2.6 Windows
3.2.7 Finished Basements
3.3 Deductible for claims caused by an act or omission of a member, occupant or visitor against the Corporation’s insurance is to be paid by the member.
4. Corporation Insurance Coverage
4.1 The corporation shall maintain comprehensive insurance covering the corporation’s liability for damage to property and injury to or death to persons occurring in or about the property, but not within the unit.
4.2 The corporation shall maintain replacement cost insurance in the name of the corporation and each member on buildings and structures on the property and fixtures (kitchen cupboards and sinks, flooring, bathroom fixtures etc.) as originally turned over by the declarant to the full replacement cost determined by an independent insurance appraisal.
4.3 The corporation shall maintain replacement cost insurance in the name of the corporation and each member on buildings and structures on the property and fixtures (kitchen cupboards and sinks, flooring, bathroom fixtures etc.) as originally turned over by the declarant to the full replacement cost determined by an independent insurance appraisal.
4.4 1.1 Although not all inclusive the coverage of units as originally turned over by the declarant include:
i) Kitchen - Cupboards - Counters
ii) Floor Coverings (Hardwood, tiles, carpeting)
iii) Bathroom Fixtures, Counters and Cabinets
iv) External Light Fixtures
v) External and Internal Door
vi) Windows
5. Repairs of exclusive use common elements by the member at the expense of the member
Each member:
5.1 Shall maintain his unit including the front and rear patio areas including the rear patio steps where applicable and the lamping of external light fixtures.
5.2 Shall maintain any plants, shrubs and trees associated with the unit, whether in the exclusive use common area or common area, planted by the member or previous member and not planted or maintained by the corporation to the satisfaction of the corporation.
5.3 is responsible and liable for the electrical devices and electrical wiring from the electrical distribution panel including all fuses and/or breakers except for the electrical distribution panel, which is the responsibility of the corporation.
5.4 Is responsible for all plumbing (including external water taps) except for the side water taps on end units and main water feed pipe and shut off valve, the main drainage system, as turned over by the declarant, in the basement floor and any corporation valves and connection to the plumbing system.
5.5 Is responsible for the maintenance and repair after damage of all alterations; additions and improvements made to the unit and exclusive use common areas.
5.6 Shall repair after damage to his unit any damage caused by the member, occupants or visitors.
5.7 Is responsible to ensure all original ventilation devices (range hoods, washroom fans, dryer ducts and any Corporation approved alteration, modification or improvement that requires proper ventilation) within the unit are properly working or maintained including the cleaning of any duct-work involved.
6. Repairs by the Corporation at the Expense of the Member
6.1 The member is responsible for repair after damage to the driveway. The corporation will do the repair at the expense of the member.
6.2 Failure to maintain and/or repair after damage within a reasonable time, the corporation may do the work at the expense of the member. A member shall be deemed to have consented and the cost of the work shall be added to the member’s contribution to the common expenses.
7 Corporation’s Responsibility to Maintain and Repair After Damage
7.1 The corporation shall remove of ice and snow from front porches, driveways, roadways and pedestrian sidewalks adjacent to roadways.
7.2 The corporation shall repair the common elements after damage. If the damage is caused by a member, occupants or visitors, the member will be responsible for the cost of repair.
7.3 The corporation shall maintain and repair after damage all siding, roofs, brickwork, privacy fences, driveways (repair after damage), front porches (repair after damage), garage side doors and garbage room doors (unless an improvement has been made by the member).
7.4 The corporation shall maintain and repair after damage the main garage door (exclusive of automatic door opening and locking mechanisms) at the expense of the member.
7.5 The corporation shall maintain and repair after damage the lawns of the units. Where the member, occupants or visitors cause the damage, the member is responsible for costs of repair.
7.6 The corporation shall maintain, clean and repair external duct-work, dryer vents and eves.
8 Corporation’s Expectations of Unit Owners
The following is a partial list of items the member/resident is expected to perform to keep the unit and the complex in good shape.
8.1 Seasonally turn on and off water supply valves to outside water taps.
8.2 Turn on and off main water valve to the unit several times a year to prevent seizing (penetrating oil may be necessary)
8.3 Change washers in leaking taps etc. within and without the unit. (wasted water costs us all)
8.4 Lubricate all hinges and locking mechanisms of doors.
8.5 Lubricate track and roller mechanisms in large garage door.
8.6 Clean all duct-work (laundry, kitchen hood, heating and cooling) within the unit.
8.7 Keep in repair all windows and screening
8.8 Maintain and replace or remove worn carpeting on front porch.
8.9 maintain back patio steps where applicable to a height of 7 7/8 inches to the threshold step.
8.9.1 Maintain (keep clean, weed free and level) all patio areas associated with the unit.
8.9.2 Maintain, trim and weed all gardening associated with the unit.
8.9.3 Water the front lawn grass areas associated with the unit.

BY-LAW 15, ARTICLE 2

SATELLITE RECEPTION DISHES

Be it enacted as a by-law of York Condominium Corporation Number 84 as follows:
1. Purpose
This by-law article allows the installation of a legal satellite reception dish on the common element associated with a townhouse.
2. General
2.1 By-law three and its successors remains in force.
2.2 Only a Canadian Radio and Telecommunication Commission (CRTC) approved satellite dish may be installed.
2.3 Once a dish has been installed it cannot be removed. For example if the owner sells the townhouse.
2.4 Only one dish per townhouse is permitted.
2.5 No member is allowed to go onto the main roof of any townhouse
2.6 A related professional only who has proven to the member that he/she is covered with appropriate insurance or workmen’s compensation may do installation, alteration, relocation and removal of a satellite dish.
2.7 A satellite dish may only be installed at positions specified within this by-law.
2.8 The Corporation may inspect the work before, during and after installation.
2.9 The Corporation will require the removal of a satellite dish if it does not meet the requirements of this by-law or if its installation has adverse effects on the common elements or safety reasons at the expense of the member.
2.10 Since a satellite dish is to be installed on a common element, the member must complete a Common Element Indemnity Agreement with the Corporation.
2.11 Registration cost (including time incurred to do the registration) for the Indemnity Agreement and all other costs incurred by the Corporation as a result of the installation will be expensed to the account of the member.
2.12 The Corporation does not accept liability where damage results from faulty installation nor in situations where signals cannot be received.
2.13 The Corporation does not accept liability where damage results from faulty installation nor in situations where signals cannot be received.
2.14 Recommendation: - Satellite dish reception does not work in every location. Before purchasing a satellite dish and accessories have your location checked to ensure there is good signal reception.
2.15 Any extra incurred maintenance costs (e.g. shingling, roofing, etc.) resulting from these installations are for the members having installed a Satellite Reception dish
3. Common Element Indemnity Agreement
3.1 Written approval by the Corporation for any work is required before commencing the work. Completion and registration of this agreement on the property title, as required by the Condominium Act, is required before any work can begin and will represent written approval. Written installation approval is given by providing the member with a copy of the registered Indemnity Agreement. On this document will be indicated the date of registration and the registration number.
3.2 The board must approve of any alteration; relocation or removal as well as installation of the satellite dish before work can begin.
3.3 The exact location of where the dish is to be installed must be identified on the agreement.
3.4 The name of the CRTC approved satellite dish and the name of the proposed contractor must be identified on the agreement.
4. General Requirements
4.1 A satellite dish may only be installed on the associated main roof of a townhouse.
4.2 A satellite dish may not be installed on a window or door frame or attached to the brickwork, wood siding or on a garage roof or any other location. However, in special circumstances the Corporation may decide otherwise. In such cases the contractor must advise the Corporation why such a location must be used after which if the Corporation gives its approval then the installation may be completed according to the contractor’s recommendation.
5. Installation, Replacement/Alteration, Removal
5.1 All work being done which affects the common elements must be done according to any related manufacturer or supplier’s specifications and this by-law.
5.2 All satellite dish installations are to be through bolted to the attic using toggle (butterfly) bolts with proper sealant around the through bolted holes.
5.3 The satellite dish is to be installed on the back of the main roof of a townhouse and may not exceed 36 (91.5-cm) inches in width and 36 (91.5-cm) inches in height.
5.4 The satellite dish is also to be installed such that it is on the top quarter of the back of the townhouse roof with a single cable entering the attic space through a minimum sized hole immediately adjacent to the base of the Satellite Dish anchoring apparatus. This hole is to be properly sealed after installation.
5.5 Replacement/alteration of a dish may be done provided its location does not change and provided the same holes are used for affixing the dish to the common element.
5.6 Relocating a satellite dish is considered a new installation and must comply with the new installation requirements of this by-law.

BY-LAW 15, ARTICLE 3

FISCAL YEAR

Be it enacted as a by-law of York Condominium Corporation Number 84 as follows: By-law 11 is rescinded.
The Board of Directors is authorized by the owners to establish the fiscal year. What constitutes a fiscal year is to bae advised to the members whenever there is a change in the fiscal year and within each generally distributed copy of the fiscal budget.

BY-LAW 15, ARTICLE 4

REMUNERATION FOR THE EXTERNAL AUDITOR

Be it enacted as a by-law of York Condominium Corporation Number 84 as follows: The Board of directors is authorized to fix the external auditor’s remuneration.

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BY-LAW 16
LEGAL EXPENSES RECOVERY FROM A MEMBER
Registered on Nov. 7, 2013

Be it enacted as a by-law of the Corporation that without exclusivity whenever a situation itemized below occurs the applicant member is to reimburse the Corporation all of the Corporation’s expenses incurred in preparing and conducting its case for defense. Such amounts owing to the Corporation are to be added to the member’s common element account owing to the Corporation and specify a time for payment.

Legal – from the applicant (member) commences legal action (mediation, arbitration, court) against the Corporation.

Once the applicant gives cause to the Corporation to think the applicant member has discontinued the action due to a six month period of no related communication with the Corporation; or,
After having given the Condominium Corporation notice of action against the Corporation and the member cancels that action; or,
The applicant member completes the action and the legal system determines in favour of the Corporation.
Addition to Common Expenses (Act 134.5)
If a Corporation obtains an award of damages or costs in an order made against an owner or occupier of a unit, the damages or costs, together with any additional actual costs to the Corporation in obtaining the order, shall be added to the common expenses for the unit and the Corporation may specify a time for payment by the owner of the unit.

Note: the APPLICANT is the member who commences the legal action against the Corporation.

Cost of Action to Enforce the Declaration, By-laws; and Rules and Regulations. Any expense incurred by the Corporation in enforcing a duty on a unit owner must be fully reimbursed by the member and such amounts are to be collected as a common expense.

BY-LAW 17
SERVICES THROUGH BACK BASEMENT COMMON ELEMENT FOUNDATION WALL
Effective February 26, 2018
Registration No. AT4820493
Be it enacted as a by-law of York Condominium Corporation No. 84 as follows.
These points are rescinded from the Gas Utility By-law 13 3.3 3.7 4.1 4.2
Scope - Without exclusivity this By-law includes:
i) Gas Utility (also see By-law 13) venting
ii)Air-conditioner compressor access.
iii) Bathroom Venting
iv) Clothes dryer venting
Introduction
To install a service a requirement may exist to require installing a system through a back house basement structural common element foundation wall. Under the terms of this by-law the Corporation endeavors to satisfy the wishes of the membership. When management approval is provided a hole may be made through a structural wall to accommodate a service.
By-law 13 (Gas – Utility) point 3.7 is repealed and replaced with: “Subject to By-law XX holes through the building structure are to be the minimum size required. Filler for the holes is to be complementary of the area surrounding the hole. That is, matching brick or concrete. When concrete is used it is to be smoothed out to be even with the adjacent concrete.”
NOTE: In “tri-level” units the floor joists run from the front of the unit to the back; so that, venting ducts can go between the joists. In the other units the joists go from side to side; so that, venting ducts must be below the joists.
Three bedroom "Tri-level" townhouses are those having the following townhouse street numbers: 1 2 3 4 5 6 7 8 10 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 67 69 71 73 75 77 79
1.A member who completes any work outlined within this by-law without the corporation management approval at the member’s expense will be required to restore the area.
2.General
2.1 Obtain a building permit from the local municipality.
2.2 Only a professional with expertise relative to the work being done may do work to a common element (wall).
i) All work being done which affects the common elements must be done according to any related manufacturer or supplier’s specifications and the by-laws; rules and regulations of the Condominium Corporation.
ii) All venting pipes must exit the townhouse at the required specification level and be of a height not to be blocked by snow buildup.
iii) When it becomes necessary to enlarge an existing hole this enlarging process is considered a new hole subject to this by-law.
iv) Filler around holes is required and is to be complementary of the area surrounding the hold. That is, matching brick or concrete. When concrete is used it is to be smoothed out to be even with the adjacent concrete.
2.3 Joists and any other structure supports may not be cut, notched, threw, etc. or damaged in any way. Drilling is permitted by a licensed electrician to install required electrical lines provided that the soundness of the joist(s) is not jeopardized.
2.4 Vents, windows, doorways and easy access to the water tap (use and washer replacement, etc.) may not be obstructed.
2.5 The member is responsible for the maintenance and repair after damage of all alterations; additions and improvements made to the unit and exclusive use common areas.
i) The member is responsible for repair after damage.
ii) Failure to maintain and/or repair after damage within a reasonable time, the corporation may do the work at the expense of the member. A member shall be deemed to have consented and the cost of the work shall be added to the member’s contribution to the common expenses.
iii) The resident will give management townhouse access to make repairs. As required a management representative be given access to inspect work while being done and when completed.
2.6 The member is responsible to fill in any holes not being used; for example, service discontinued so that there is an unnecessary hole in the common element wall.
3.Water taps and any vents may not be obstructed. Installation must allow for changing the water tap washer, replacing a vent with a new one, etc.
4. Installations may affect your patio. While the patio is part of the common elements designated for the exclusive use of the member, it is a common element for which the member is responsible for continuing grading and maintenance.
5. The Corporation may decline any application, which it feels is not in the best interest of the Corporation.
6. Along the townhouse, horizontal gas lines, air lines, electrical wiring, any conduit, etc. are not permitted.
7. Air (form the compressor) and gas lines (from the regulator); etc. are to be the shortest distance to the house and enter the house at the adjacent point.
8. Toronto Safety Standards Regulation - Gas Utility Holes, etc. Through a Common Wall
5.5.9
The discharge from relief devices shall terminate outdoors with the clearances specified in Table 5.2

Table 5.2

Clearance from discharge, Ft (m)

(See clauses 5.5.9 and 10.1.7.)

Relief Capacity

Natural gas up to & including 1900 scf/h (5.5m3/h)
i) Building opening 3(1)
ii) Appliance vent outlet 3(1)
iii) Mechanical air intake 10(3)
iv) Appliance air intake 3(1)
v) Source of ignition 3(1)
Relief Capaity
Natural Gas over 1900 scf/h (5.5 m3/h)
i) Building opening 10(3)
ii) Appliance vent outlet 3(1)
iii) Mechanical air intake 10(3)
iv) Appliance air intake 10(3)
v) Source of Ignition 3(1)
9. Application and Approval Process
Management will have to consider each application on its own merit and circumstances about the relative townhouse.
i) Purpose and what is to be achieved. For service relocation situations the letter must provide a detailed description of how repairs to the existing hole in the common element wall will be repaired.
9.1 In a letter apply for approval. The application letter must give full details:
i) Purpose and what is to be achieved. For service relocation situations the letter must provide a detailed description of how repairs to the existing hole in the common element wall will be repaired.
ii) When in basic agreement Corporation management will complete a Corporation Indemnity Agreement for the member to sign.
iii) When it is member signed it is to be returned to the Corporation Management along with payment for registration fee (provincial – to the title of the property) and for related incurred costs (legal, etc.)
iv) Once registration is completed the province will provide a registration number.
v) When the registration number is affixed to a copy of the member signed Indemnity Agreement a copy will be given to the member. Receipt of this is approval for the work subject to the terms stated on the registered Indemnity Agreement.
9.2 BECAUSE OF COMPLEXITIES AND VARIABLES THE CORPORATION MANAGEMENT MAY WITHHOLD APPROVAL FOR ANY REASON IF THEY FEEL APPROVAL OF THE APPLICATION IS NOT IN THE BEST INTERESTS OF THE CORPORATION.
10. GAS UTILITY - Also see the Gas Utility By-law # 13.
11. AIR CONDITIONING (See Rule 1)
Many air conditioning units require the installation of an electric driven compressor to be located outside the townhouse.
i) Compressors may only be installed in the exclusive use back patio area beside the privacy screen.
ii) A compressor is not to block any window area.
iii) When locating a compressor care is to be taken that the compressor cannot be used by a potential thief as a step to gain access to a townhouse.
12. BATHROOM BASEMENT VENTING
Vents - Ontario Regulations
Bathroom Vent – Ontario Regulation
Must be a direct duct line to the outside. It may not join with the clothes dryer vent or any other venting line.
13. CLOTHES DRYER BASEMENT VENTING
Clothes dryers are available which do not require a vent through the external wall.
Kits are available to convert dryers which normally require external venting to this style.
For the entire length (dryer exit point to the outside end) of the venting duct system clothes dryer venting from a dryer may not exceed thirty-five (35) feet.
i) Each ninety (90) degree bend in the duct line reduces that 35 feet length by five (5) feet.
ii) Each forty-five (45) degree bend in the duct line reduces that 35 feet length by two and a half (2 1/2) feet.
14. TANKLESS WATER HEATER
May be installed in the basement attached to a common element wall or preferable to wooden studs.
i) With gas utility tankless water heater it is sometimes possible to vent through a dual function venting line to the outside shared with a gas venting line.

By-law # 18 ELECTRONIC VOTING ("E-Voting")

Registered on February 9, 2021 as AT5646212

YORK CONDOMINIUM CORPORATION NO. 84

(THE “CORPORATION”)

BY-LAW NO. 18

A BY-LAW AUTHORIZING ELECTRONIC MEETINGS OF OWNERS,

ELECTRONIC VOTING AND MAIL-IN BALLOTS

RECITALS

(a) WHEREAS Subsection 14(0.1)(p) of Ont. Reg. 48/01(the “Regulation”) provides
that the board of directors can pass a by-law to govern the manner in which an owner or a mortgagee may be present at a meeting of owners or represented by proxy;
(b) AND WHEREAS Subsections 52(1) and 56(1)(c.1) of the Act provide that the board of directors may make a by-law governing the methods permitted for holding a recorded vote and the procedure for holding the vote including by proxy or by telephonic and electronic means;
(c) AND WHEREAS Subsection 52(1.1) of the Act defines “telephonic or electronic
means” as any means that uses the telephone or any other electronic or other
technological means to transmit information or data, including telephone calls, fax, email, automated touch-tone telephone system, computer or computer networks;
(d) AND WHEREAS Subsection 56(1)(c.1) of the Act provides that a recorded vote may be submitted to the corporation by mail if the by-laws so permit;
(e) AND WHEREAS pursuant to Subsection 56(10)(a) of the Act and Subsection 14(2) of the Regulation this By-law can be passed by the majority of owners present or represented by proxy at a meeting of owners;
(f) AND WHEREAS the board of directors has determined that it is desirable to permit owners to attend and vote at owners’ meetings by electronic means and by mail-in ballots, providing owners with more flexibility and an increased level of participation in meetings of owners;
NOW THEREFORE BE IT ENACTED as a By-law of the Corporation as follows:
Electronic Meetings of Owners
1. Owners and mortgagees (collectively, “Owners”) shall be permitted to attend a
meeting of owners and shall count towards quorum when in attendance by any of the following means:
(a) In person;
(b) By proxy;
(c) By mail-in ballots, where permitted by the Corporation as set out in the notice
of the meeting;
(d) By electronic ballots or electronic voting, where permitted by the Corporation
as set out in the notice of meeting and whether cast in advance of the meeting,
or at the meeting; or,
(e) By teleconference, web-conference, any other telephonic or electronic means
or any other technological means permitting the transmission of information or
data (hereinafter, “Virtual Meeting”), where permitted by the Corporation as
set out in the notice of meeting, provided that such Virtual Meeting meets the
following requirements:
(i) All other requirements for a meeting of owners have been met including,
but without limiting the generality of the foregoing, the required notices
of meeting and quorum;
(ii) The platform used for the Virtual Meeting shall allow for a reliable
Identification and registration of those participating in the meeting of
owners and for a reliable determination of whether quorum has been
met;
(iii) The platform used for the Virtual Meeting shall be capable of generating
a reliable record confirming which units attended the Virtual Meeting;
(iv) The platform used for the Virtual Meeting shall grant all those attending
the ability to have real-time participation and shall permit them to
reasonably and adequately observe the Virtual Meeting and
communicate, in real-time, with the chairperson, any guests and with
each other, in a manner similar to the manner in which an attendee may
participate and communicate at a meeting in person;
(v) All Owners attending the Virtual Meeting shall have access, in real time,
to all questions posed and all answers given;
(vi) All Owners attending the Virtual Meeting shall have access, in real time,
to the result of any vote cast by a show of hands or said results shall be
ascertainable and accessible, in real time, by scrutineers appointed by
the owners; and,
(vii) Any voting other than on routine matters and any recorded vote shall
meet the requirements set out in this by-law.
2. Owners attending a meeting of owners pursuant to one of the methods set out above shall be deemed to be present at the meeting.
3. Owners who wish to be present at a Virtual Meeting by proxy shall provide a duly executed proxy in the manner and within the period of time set out in the notice of meeting.
4. A Virtual Meeting shall be deemed to be held at the place set out in the notice of
meeting or, failing which, at the Corporation’s address for service.
5. If the Corporation makes available to Owners a platform by which Owners are able to participate by way of a Virtual Meeting, an Owner or proxyholder may be present at such meeting by following the steps set out in the notice of meeting and which are necessary to attend such meeting.
Electronic Voting
6. Notwithstanding any provision in the Corporation’s declaration or by-laws with respect to the methods permitted for holding a vote or a recorded vote, votes for all questions proposed for consideration of the Owners at a meeting of owners may be cast by:
(a) a show of hands, personally or by proxy, or
(b) by a recorded vote that is:
(i) marked on a ballot cast personally or by proxy;
(ii) marked on an instrument appointing a proxy; or
(iii) Indicated by telephonic or electronic means if the Corporation makes available to Owners a medium by which Owners are able to cast a recorded vote by telephonic or electronic means (the “e-voting system”).
7. Votes cast using the e-voting system shall be deemed a ballot (the “e-ballot”) for the purpose of any vote conducted at the meeting for which the e-ballot was cast.
8. All question(s) proposed for consideration through the e-voting system will provide the opportunity to vote:
(a) for or against such question(s);
(b) for or against the election of director(s);
(c) for or against the removal of director(s) from the board of directors.
9. Voting using the e-voting system shall be open from the date the notice of meeting is sent to the date of the meeting, inclusively. The voting period shall be closed at the time set out in the notice of meeting or, in the absence of a period of time set out in the notice of meeting, at the conclusion of the applicable voting period at the meeting, as determined by the chairperson.
10. The e-ballot shall be submitted in the manner set out in the notice of meeting.
11. All Owners otherwise entitled to vote shall be entitled to vote electronically regardless of whether they attend the owners’ meeting.
12. The e-ballot is valid only for one meeting of owners (and any adjournment of the
meeting) and expires automatically after the completion of the meeting of owners (or completion of the adjourned meeting, as applicable).
13. Only an Owner of a unit entitled to vote may cast an e-ballot and the e-voting system shall not authorize another person to cast votes on behalf of an Owner, except where an Owner entitled to vote has granted their authority to a proxy holder to cast votes on their behalf.
14. The e-voting system shall validate and authenticate the identity of the Owner, or in the case of a proxy holder, the identity of the proxy holder, and shall allow for the voting results to be preserved as a record of the Corporation.
15. The e-voting system shall authenticate the validity of each electronic vote to ensure that the vote is not altered in transit.
16. For the purpose of reporting and generating a report on the results of a vote, the e-voting system shall separate any authentication or identifying information of the voter from the e-ballot, keeping the vote secret and confidential.
17. The e-voting system shall produce an electronic receipt for each voter who casts an e-ballot, which shall include the specific vote cast, and the date and time of submission (the “Receipt”). The e-voting system will retain an electronic record of the vote cast as well as of the time and date the e-ballot was cast.
18. An electronic report automatically generated by the e-voting system which tabulates votes may be relied upon and counted by the scrutineers, the chairperson, and/or the person/entity appointed by the chairperson at a meeting of owners for the purpose of tabulating votes for all questions that were the subject of an electronic vote (the “Electronic Voting Record”).
19. The Electronic Voting Record shall be deemed to be a ballot for the purpose of the Corporation’s obligation to maintain records pursuant to the Act.
Mail in Ballot
20. Owners entitled to vote may submit their recorded vote, by ballot or proxy, by regular mail where permitted by the corporation as set out in the notice of meeting. Said recorded vote must be received by the Corporation within the time set out in the notice of meeting and, in any event, prior to the commencement of the meeting of owners or adjourned meeting of owners.
Presence at Meeting and Quorum
21. An Owner who attends a Virtual Meeting or casts an e-ballot (whether cast in advance of the meeting, or at the meeting) or who submits a recorded vote by mail and who is not otherwise present at the meeting of owners shall be deemed to be present and shall be counted towards quorum as if such Owner were present at the meeting.
Inconsistencies/Conflicts
22. If any provision in the Corporation’s by-laws is inconsistent with the provisions of this By-law, the provisions of this By-law prevail and such other by-law(s) shall be deemed to be amended accordingly.

Files coming soon.

DIRECTORS' CODE OF EHTICS

SCHEDULE A
DIRECTORS’ CODE OF ETHICS

York Condominium Corporation No. 84
(the “Corporation”)

I have consented to act as a director of the Corporation and I agree to comply with the following Directors’ Code of Ethics throughout my term as a director:

Honesty and Good Faith - I will act honestly and in good faith. I will do nothing to violate the trust of the unit owners I serve.

Care, Diligence and Skill -I will exercise the degree of care, diligence and skill of a reasonably prudent person in comparable circumstances. I will make a concerted effort to attend all Board and owners’ meetings. I will act responsibly and with due diligence to become familiar with the affairs of the Corporation and to uphold its Declaration, description plans, by-laws, rules, resolutions, policies, agreements and requirements of the Condominium Act and the regulations made thereunder and other applicable legislation.

Conflict of Interest - I am not currently aware of any actual or potential conflict of interest with respect to any contract, transaction, building deficiency claim, warranty claim, legal action, proceedings or any matter detrimental to the Corporation. If I become aware of any conflict, I will immediately disclose it to the Board and provide a statement of that fact and the nature and extent of my interest. I will not promote my own interests or those of any owner, resident, family member, friend or contractor to the detriment of the Corporation. I will not seek any special benefits or privileges as a director or officer or accept any compensation either personally or on behalf of any other person except as permitted by a by-law. I will act only in the best interests of the Corporation as a whole, and I will not favour the interests of any individual or group of owners or residents.

Confidentiality - I will not disclose to any person (including my spouse) information decided by the Board to be strictly privileged and confidential or which reasonably ought to be deemed confidential, including all matters discussed at Board meetings, all documents and information unless such information or documentation is determined by the Board in writing or as evidenced by the minutes of the Corporation, not to be privileged and confidential. I will not disclose any information that is strictly privileged and confidential or which reasonably ought to be deemed confidential, obtained as a result of a director’s position on the Board. When in doubt, I will request determination by a resolution of the Board.

Good Conduct - At all times, I will conduct myself in a professional and businesslike manner at meetings of directors or owners. I will approach all Board issues with an open mind, preparing to make the best decisions on behalf of the Corporation. I will avoid shouting, interrupting, monopolizing discussions, rude comments, disruptions or dirty tricks. I will avoid ego trips. I will hold my temper. If my voice rises in pitch or volume, I will get it under control. I will act ethically with integrity and in accordance with legal criteria. I will comply with rules of good conduct and will deal with others in a respectful manner.Support - I will abide by decisions of the majority of the directors even though I may disagree and will not deprecate directors with whom I disagree, but I reserve the right to express my own views to owners upon non-confidential issues.

Defamation - I will refrain from expressing any detrimental supposition, erroneous or defamatory statement about the Corporation or any owner, resident, director, officer, manager, staff or contractor of the Corporation. I shall only publicly state detrimental information in a manner which is accurate, unbiased and non-malicious.

Dirty Tricks - I will not use any “dirty tricks” in the course of an election, but will act honestly, honourably, fairly and in a straight-forward manner. I shall not seek election as a director by trashing the reputation of any other person.

Abuse of Proxies - When collecting proxies, I will not make any false, misleading, fraudulent or defamatory statement. I will fairly inform the proxy grantor how I intend to exercise any vote with respect to the proxy.

Minimize Conflict - I will attempt to prevent or minimize conflict and disruption and will promote good relations amongst persons involved in our condominium community. I will promote a first class image for our Corporation, its units, owners and residents.

Performance of Duties - I will commit the necessary efforts, will exercise the appropriate leadership and will assume such duties as may reasonably be required to fulfill my role as a director or officer. I will participate in conducting the Board’s business in the form of resolutions, policies, rules or by-laws as the circumstances require. I will comply with principles of good governance and procedural rules of order. I will become well-informed on issues and agenda items in advance of meetings. I will assist the Board to supervise, monitor and direct the on-going daily management of the Corporation by the condominium manager. I will duly consider the information and advice provided by the condominium manager and others and will seek opinions, when appropriate, from experienced professionals when necessary to reach a proper decision. I will follow the precept: “directors direct; managers manage.”

Monitor Financial Health -I will pay particular attention to monitor the financial health, physical state of maintenance and repair, management, administration, appearance and welfare of the Corporation. I will support required funding of the reserve fund and an appropriate funding plan to fulfill the criteria of the Corporation’s reserve fund study. I will assist in preparing or reviewing the Corporation’s annual budget in a manner which appropriately reflects the actual financial needs of the Corporation, regardless of owners’ complaints when it becomes necessary to increase common expenses. I will ensure common expenses are collected on time or liened within the statutory period. I will monitor the investments, bank accounts, interim and year-end financial statements. I will carefully review contract proposals, quotes and tenders in order to assist in negotiating preferred contractual terms for services rendered to the Corporation at a beneficial cost. I will monitor any of such duties which have been delegated.

Scope of Authority - If I am elected or appointed as the President, Secretary, Treasurer or other officer of the Board, I will refrain from autocratic governance, but will act properly within the scope of my authority and in response to the will of the Board. I will never exercise authority as a Board member except when acting in a meeting of the Board or as I am delegated to do by the Board.

Education – I will comply with the director’s training requirement under the Condominium Act. Recognizing that governance of a condominium corporation involves complex and changing requirements. I will continue to educate myself throughout my term as director. I will support attendance by one or more Board members at any condominium seminars presented by the Canadian Condominium Institute (CCI and/or the Community Associations Institute (CAI) at the cost of the Corporation.

Files coming soon.

Sched. "B" - OWNERS' CHARTER OF RIGHTS AND RESPONSIBILITIES

SCHEDULE B
OWNERS’ CHARTER OF RIGHTS AND RESPONSIBILITIES

Owners are encouraged to participate democratically and ethically in the affairs of the Corporation as follows:

1. Owners are encouraged to participate in owners’ meetings where important decisions and recommendations are often made that may substantially affect your condominium environment, the value of your unit and the quality of lifestyle at your condominium.
2. Since the Board of directors is solely responsible to make the vast majority of decisions for the Corporation you should carefully select the candidates you wish to be elected as directors.
3. It is strongly recommended that owners attend meetings of owners instead of blindingly signing proxy forms. Only appoint as your proxy a person you know, respect and trust.
4. Do not be swayed by undocumented allegations made during proxy solicitations or in newsletters, unless you are satisfied the information is accurate. Act judicially and hear all sides of the story before voting.
5. Directorial candidates must comply with their statutory standard of care, diligence and skill and their duty of honesty and good faith. Directors must undertake necessary maintenance and repairs of the common elements and assets and ensure proper funding of the Corporation’s reserve fund, in addition to numerous other duties contained in the Act, Declaration, by-laws and rules of the Corporation. Common expense increases are inevitable as buildings age. Support directors who establish a forward-looking funding plan which calls for necessary common expense increases to avoid special assessments if appropriate.
6. Recognize the contributions of volunteer directors who have the skills, qualifications, experience and commitment to protect the owners’ best interests, enhance unit values, supervise management of the Corporation’s affairs in a financially responsible manner and promote a harmonious atmosphere.
7. In a democracy, legitimate criticisms can be expressed where a critic has undertaken the due diligence to ascertain the accuracy of negative statements. Before accepting the validity of accusations, unfounded conjecture, innuendo or other techniques of fear-mongering, owners should question the accuracy of such information and the use of those techniques, especially when attacks on directors are made on a self-serving basis by persons attempting to get themselves elected. Candidates who promise cost savings or other improvements should be asked to provide detailed explanations as to how they can be achieved.

At law, any person who originates, repeats or publishes a libellous or slanderous statement or a rumour which is erroneous and defames the reputation of a person is personally liable for damages, subject to the burden of proof to uphold one of the defences of (a) justification (i.e. proving the truth of the allegation) (b) qualified privilege (where a person has a special duty to make such a statement bona fide and in good faith, if the defamer can prove no malice is present); or (c) fair comment (where a defamer renders a bona fide opinion based upon true facts after conducting due diligence, if the defamer can prove no malice is present).

Files coming soon.

ycc84@ycc84.ca

YORK CONDO CORP. No. 84 Cheshire Place

BY-LAWS PREAMBLE

BY-LAWS

BY-LAW 2 WINDOW SILLS

BY-LAW 9 - MULTIPLE TOPICS (Registered May 24, 1995)

BY-LAW 10 SKYLIGHT

BY-LAW #14 EASEMENT FOR THE GAS UTILITY

By-law # 18 ELECTRONIC VOTING ("E-Voting")

DIRECTORS' CODE OF EHTICS

Sched. "B" - OWNERS' CHARTER OF RIGHTS AND RESPONSIBILITIES