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  • Home
  • Directory
  • Declaration
  • By-laws
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  • Rules
  • Resolutions
  • LIVING IN A CONDO
  • Ontario - Condo Office
  • Bulletin Board
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  • Directorship
  • Disputes
  • Forms
  • Notices
  • Status Certificate
  • YCC#84 PICTURES
  • CONDO BUS. DIARY

ycc84@ycc84.ca

ycc84@ycc84.caycc84@ycc84.caycc84@ycc84.ca

YORK CONDO CORP. No. 84 Cheshire Place

YORK CONDO CORP. No. 84 Cheshire Place YORK CONDO CORP. No. 84 Cheshire Place YORK CONDO CORP. No. 84 Cheshire Place

GENERAL

Members/Residents must be familiar with the Act, Declaration, By-laws, Rules and  Regulations; and, Resolutions. This is the authority hierarchy. A lower authority, in the hierarchy, cannot override a higher authority in the hierarchy.
DECLARATION The Declaration, By-laws and Rules and Regulations are convenience copies.

  • There is no responsibility / liability for errors or omissions. Check the declaration, By-laws, rules & regulations attached to the status certificate provided when the unit was purchased. 
  • Declaration Registered April 17, 1973
  • THIS IS A CONVENIENCE COPY ONLY - There is no responsibility or liability for errors or omissions. 
  • This is a convenience copy - revised and indexed from the original document. 
  • A declaration under The Condominium Act made by WIMPEY DEVELOPMENTS LIMITED Contents  Intention Consent of Encumbrances.

       

  

THE CONDOMINIUM ACT     

  • Ultimately, the Condominium Act governs most aspect of condominiums in Ontario. It regulates the creation, the ownership and the governance of condominiums. Reprinted with permission from CondoAdvisor.ca



 

Declaration and description

            

  • A condominium must be registered in order to come within the jurisdiction of the Condominium Act. In order to do so, it must register a declaration and description. The declaration and description can only be changed if over 80% of the owners agree to this change.

       

  • A declaration sets out various matters of condo ownership and should contain:

· the common interests of each particular unit,

· a list of the exclusive use common elements for particular condo units,

· a list of the common elements, as well as

· a statement of the shared common expenses for the common elements.


  • The schedules to the declaration must include, among other things:

· a legal description of the land,

· the boundaries of each condo unit,

· any specifics regarding unit boundaries, as well as

· the consent of those holding mortgages on the property at the time the declaration is registered.


  • A description is the survey plans and architectural plans of the building along with an architect’s certificate.

Files coming soon.

DECLARATION PREAMBLE

  

  • Condominium corporations are created by the registration on title of a declaration and description. Once the declaration is registered on title, the Condominium Act applies to and regulates the condominium. The registration of the declaration is done by the developer, or more accurately, by the declarant.

      

  • The declaration will, amongst other things, define the units and common elements of the corporation and specify the boundaries of each of them.  It will define the percentage of ownership of each unit and set the proportion pursuant to which each unit must contribute to the common expenses.  The declaration also usually contains conditions or restrictions with respect to the use and occupation of the units and common elements.  For instance, the declaration will determine whether some units can be used for commercial purposes. It will also allocate as between the owners and the corporation the obligations and responsibilities of maintaining, repairing and/or insuring the units and the common elements. Declarations could contain pet restrictions. They could also prohibit or limit smoking in units or on balconies. Smoking is already prohibited on common elements.

    

  • The declarant is the entity which sets the precise provisions of each declaration. Declarations therefore vary from one corporation to another but can be modified at a later date. Generally speaking, the declaration can be amended by the owners if 80% to 90% of the owners agree to such amendment (it depends on the type of amendment being sought). This is a high threshold, which is usually difficult to attain.

        

  • In addition to the owners’ ability to amend the declaration through a vote, courts can correct a declaration if it contains an error or an inconsistency. A court will only make the correction if it concludes that it is necessary or desirable to make such a correction.

       

Reprinted with permission from CondoAdvisor.ca

Files coming soon.

DECLARATION

INDEX 

  • (1) Definitions, Boundaries and Monuments 
  • (2) Units and Common Interests 
  • (3) Apportionment of Common Expenses 
  • (4) Application of Common Expenses  
  • (5) Limited Common Expenses  
  • (6) Use of Units 
  • (7) Use of Common Elements 
  • (8) The Corporation 
  • (9) Address for Service  
  • (10) Duties of the Corporation 
  • (11)  Maintenance by the Owners  
  • (12)  Maintenance by the Corporation    
  • (13)  Repairs after Damage  
  • (14)  Insurance  
  • (a) Public Liability Insurance  
  • (b) Fire Insurance  
  • (c) Personal Insurance    
  • (d) Waiver by Mortgagee    
  • (e) Owners not to invalidate or increase cost of Insurance      
  • (f) Copy of Policies to be given    
  • (g) Contributions  
  • (h) Loss 
  • (15)  Expropriation  
  • (16)  Severability 
  • Schedule “A” – Description of Land 
  • Schedule “B” – Boundaries of Units                    
  • Obsolete Corporation Declaration Points        Obsolete   Replaced By Declaration 8 “…The Majority required….at   least 66-2/3% of the Common Elements”   Act 56(10)     Declaration   14 (f)   Act 104    
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Files coming soon.


1. Definitions, Boundaries and Monuments  

  • (a)(i) Words used herein which are defined in the Act shall have the meaning set forth therein. 
  • (ii) The Corporation shall mean the Corporation created by the registration of this Declaration and the Description.  (iii) The Prime Mortgagee shall mean the mortgagee for the time being entitled under the Act to exercise the greatest number of Unit Owners’ rights to vote.   
  • (b) The boundaries of the Units are as set out in Schedule “B” attached hereto.     (c) The monuments controlling the extent and location of the Units are the walls, floors and roofs as set out in Schedule “B” and illustrated on Parts 1 and 3 of the Description.    

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2. Units and Common Interests   

  • The units are numbered 1 to 75 inclusive. Each of Units 1, 2, 3, 8 and 9, 10, to 1 inclusive, 20 to 57 inclusive and 60 to 73 inclusive shall have as appurtenant thereto 1.2766% of the Common Interests. 
  • Each of Units 4, 5, 6, 7, 18, 19, 58, 59, 74, and 75 shall have as appurtenant thereto 1.7021% of the Common Interests. 
  • Directors’ Note to Members: Referenced numbers are lot numbers NOT house numbers.   

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3. Apportionment of Common Expenses    

  • The proportions in which the owners are to contribute to the Common Expenses are: Units 1, 2, 3, 8 and 9, 10 to 17 inclusive, 20 to 57 inclusive and 60 to 73 inclusive 1.2766%.  
  • Units 4, 5, 6, 7, 18, 19, 58, 59, 74 and 75 1.7021%.
  • Directors’ Note to Members: Referenced numbers are lot numbers NOT house numbers. 

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4. Application of Common Expenses    

  • Common Expenses means the expenses incurred in the performance of the objects and duties of the Corporation and includes the following: 
  • (a) Subject to the provisions of paragraph 12 of this Declaration, the maintenance, repair, replacement and operation of the Common Elements, including the removal of snow and ice from internal roadways and from parking, driveway and patio area, The maintenance of landscaped areas, the provisions and maintenance of utility services including electric lines and conduits and water, gas and sewer pipes in the Common Elements and easements insofar as the same are not maintained by the municipality or any utility company, commission or other person and the provision and maintenance of any television and radio antenna or cable in the Common Elements. 
  • (b) Payment for utilities supplied to the Common Elements and for water supplied to the Units. 
  • (c) Removal of garbage from each Unit insofar as garbage removal is not provided by the municipality.  
  • (d) Payment for the appraisals and insurance to be obtained and maintained pursuant to sub paragraphs 14(a) and 14(b) of the Declaration 
  • (e) The creation and maintenance of a reasonable contingency reserve.  
  • (f) Payment for management and professional services rendered to the Corporation.  
  • (g) Any other expenses from time to time specified by the board of directors of the Corporation.      

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5. Limited Common Elements  

  • (a) The “visitors” parking area shown by broken lines and lettering on Part 1 of the Description are for the exclusive use of Casual Visitors use of Casual Visitors (see Rule 15) of the owners or occupants of the Units and are not to be used by such owners or occupants.  
  • (b) Although located in Common Elements, the patio areas in front and at the rear of each Unit as shown numbered 1 to 75 with affixes “A” and “B: on Part 2 of the Description are allocated for the exclusive use of the owner of the Unit with the same number and EACH OWNER SHALL PAY TO THE CORPORATION ON DEMAND THE COST OF REPAIRING ANY DAMAGE TO EITHER PATIO AREA CAUSED BY SUCH OWNER, THE OCCUPANTS OF OR VISITORS TO HIS UNIT.    
  • Directors’ Note to Members: Referenced numbers are lot numbers NOT house numbers   

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6. Use of Units    

  • The use of the Units shall be governed by the provisions of the by-laws of the Corporation from time to time in force.  

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7. Use of Common Elements  

  • (a) The Common Elements, subject to the provisions of paragraph 5 of this Declaration and to the provisions of the by-laws of the Corporation from time to time in force, are for the use of the owners and occupants of each Unit in common with each other for the purpose for which each portion thereof was designed and constructed. NO DRIVEWAY LEADING TO THE GARAGE OF A UNIT WAS DESIGNED OR CONSTRUCTED FOR PARKING BY OWNERS, OCCUPANTS OR CASUAL VISITORS OF OTHER UNITS (See By-law 1(d11)(02)) and no portion was designed or constructed to permit ingress or egress via, or in use of any amenities on, the common elements of any abutting condominium. Directors’ Note to Members: See By-law #7.  
  • (b) Except as specifically required under the Act, this Declaration or the by-laws, no owner or occupant of a Unit shall attempt any maintenance, repair or replacement of any portion of the Common Elements without the prior written authorization of the Corporation. Directors’ Note to Members: See Declaration Paragraph 13(b).  
  • (c) Each Unit Owner shall be liable to the Corporation for the costs of repairing willful or malicious damage to the Common Elements caused by such owner or occupants of his Unit to such extent as the board of directors of the Corporation may from time to time determine.    

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8. The Corporation  

  • Each owner of a Unit is a member of the Corporation. The affairs of the Corporation shall be managed by a board of directors composed of that number of persons stipulated in the by-laws elected by the members. The majority require to make the by-laws of the Corporation is the affirmative vote of members who own at least (see the Act)% of the Common Elements. No meeting of members shall be required to elect directors or make by-laws whenever one member of the Corporation owns 100 of the Common Elements. The directors may from time to time borrow money on the credit of the Corporation; provided that each such borrowing shall have been firs authorized by a by-law setting out the purpose, extent and manner of the borrowing passed at a special meeting of members called for the purpose. The affirmative vote of members who own (see the Act)% of the Common Elements shall be required before the Corporation may make any substantial addition, alteration or improvement to the Common Elements or may make any substantial change in the assets of the Corporation. The acquisition of a right or easement to maintain a utility service through lands abutting the Property or the transfer of a right or easement to the municipality to operate emergency vehicles on the internal road system of the property shall not be substantial addition or alteration to the Common Elements. The Corporation shall upon receiving the written request of any Unit Owner or mortgagee of a Unit and Common Interest promptly provide a statement as to the contingency reserve, any unpaid or prepaid obligation of the Unit Owner and any special assessments levied by not yet payable by the Unit Owner.         

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9. Address for Service   

  •  The address for service is:  

  

ICC PROPERTY MANAGEMENT LTD.

2875 14th Avenue, Suite 300

Markham, ON 

L3R 5H8

Website:  http://www.iccpropertymanagement.com/

Email: itorres@iccpropertymanagement.com


  • Board of Directors Email:    ycc84@ycc84.ca

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10. Duties of the Corporation  

  • The duties of the Corporation are: (a) To carry out the objects of the Corporation as set forth in the Act.  
  • (b) To perform the functions to which the Common Expenses are allocated. 
  • (c) To perform all matter, acts and things which are the obligation of the Corporation under the provisions of this Declaration and the by-laws from time to time in force. 
  • (d) To encourage co-operation between the members of the Corporation and the members of any abutting condominium.   

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11. Maintenance by Unit Owners   

  • EACH UNIT OWNER SHALL MAINTAIN HIS UNIT, INCLUDING THE GRADE; AND, GLASS AND DOORS THEREOF, AND SHALL ALSO, except for the removal of snow and ice there from, MAINTAIN THE PATIO AREAS APPURTENANT TO HIS UNIT MENTIONED IN SUBPARAGRAPH ; 5(b) OF THIS DECLARATION, INCLUDING LAMPING ALL EXTERIOR ELECTRIC LIGHT FIXTURES THEREIN. 
  • Directors’ Note to Members: See Declaration paragraph 13(b). 

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12. Maintenance by the Corporation  

  • The Corporation shall, subject to the provisions of paragraph 11 of this Declaration, maintain Common Elements.   

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13. Repair after Damage (see Declaration 7.(c))  

  • (a) Subject to the provisions of the Act and any amendments thereto, EACH UNIT OWNER SHALL REPAIR HIS UNIT AFTER DAMAGE. 
  • Directors’ Note: See Declaration Schedule ‘B’ Amendment Registered December 10, 2007  
  • Directors’ Note: See Declaration paragraph 11. (b) Subject to the provisions of the Act and any amendments thereto and of subparagraph 5.(b) of this Declaration, the Corporation shall repair the Common Elements after damage.  
  • Directors’ Note to Members: See Declaration paragraph 11.(c) If the proceeds of the Corporation’s insurance are not sufficient to pay for the cost of repairs which a the Corporation under the provisions of subparagraph 13 (b) of this Declaration is obliged to make, the additional moneys required to effect such repairs shall be charged and collected as Common Expenses. (d) If, as provided in the Act and any amendments thereto, the board of directors of the Corporation has determined that substantial damage of the buildings has occurred, notice of such determination shall be given by prepaid registered mail within four (4) business days after such determination to each firs mortgagee of a Unit and Common Interest who has given written notice to the Corporation of the interest in the Property.     

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Files coming soon.

14.  Insurance  (see Act 38. & 39)

  •  (a) Public Liability Insurance – The Corporation shall maintain comprehensive insurance covering the Corporation’s liability for damage to property and injury to or death of persons occurring in or about the Property and covering the liability of the Corporation for acts and omissions of its officers, employees and agents in the total amount of at least $1,750,000 for any one instance. 
  • (b) Fire Insurance – The Corporation shall maintain replacement cost insurance in the names of the Corporation and each Unit Owner, as their interests may appear, on the buildings and structures on the Property, to the full replacement cost thereof as determined by an independent insurance appraisal obtained prior to the issuance of the insurance policy, each anniversary thereof (unless it contains a stated amount co-insurance clause effective for the full policy period) and each renewal of replacement thereof, insuring the Corporation and the Unit Owners against fire and such other perils and with such reasonable deductibles as the board may from time to time determine. Each insurance policy shall contain, if the endorsement be obtainable, an endorsement providing that in the case of loss settlement shall be based on the cost of repairing, replacing or reinstating the buildings and structures without deduction or depreciation, and endorsement providing that no act or omission of the insured nor any breach of a statutory condition by the insured shall void the policy, an endorsement providing that the policy shall not be canceled or the coverage thereof substantially modified by the insurer without 60 days’ prior written notice to the Corporation and to each mortgagee of a Unit and Common Interest who has given written notice of his interest to the insurer, and an endorsement providing that following an insured loss the Unit Owners do not vote for repair and a notice of termination is registered under the Act, the insured may elect a cash settlement based upon replacement cost without deduction for depreciation. Each insurance policy arranged by the Corporation shall contain a waiver of subrogation rights against the Corporation, its directors, officers and employees, and against the owners and occupants of the Units and the members of their households, except with respect to arson, fraud, vehicle impact, vandalism and malicious act of mischief. 
  • (c) Personal Insurance – Each Unit Owner shall be responsible for insurance on the contents of his Unit and on additions and improvements thereto made by or on behalf of such owner after registration of this Declaration, for personal public liability insurance and for insurance for loss use and occupancy in the event of damage and shall not, without the prior written consent of the Corporation, carry any additional insurance with respect to the Unit, the buildings and structures on the Property or the Corporation’s liability for damage to property or injury to or death of persons. 
  • (d) Waiver by Mortgagee – The mortgagee of any Unit and Common interest shall provide that all proceeds of insurance policies maintained by the Corporation may be used to rebuild the buildings and structures on the Property and shall not be applied on account of the mortgage indebtedness so long as the Unit Owners vote for repair within 60 days of any determination that there has been substantial damage and no notice of termination is registered under the Act 
  • (e) Owners not to Invalidate or Increase Cost of Insurance – A Unit Owner shall not do or permit anything to be done that will invalidate in whole or in part or increase the premium rates for the Corporation’s insurance and will permit the Corporation’s insurers to inspect his Unit. 
  • (f) Copy of Policies to be Given – Each first mortgagee of a Unit and Common Interest shall, upon written request therefore, be given a certified copy of each fire insurance policy (including all endorsements thereto) and each Unit Owner shall be given a certified copy or certificate thereof and of each renewal or replacement thereof not later than 10 days before the expiry date of the policy.  
  • (g) Contributions - The fire insurance of any Unit Owner shall not be brought into contribution with the insurance maintained by the Corporation.  
  • (h) Loss – Loss under the Corporation’s fire insurance shall be adjusted by the Corporation for itself and as agent for the Unit Owners. In the case of damage or destruction of the buildings arising out of any one occurrence not exceeding $5,000 in the aggregate the proceeds of such insurance shall be paid to the Corporation. In the case of damage or destruction of the buildings arising out of any one occurrence exceeding $5,000 in the aggregate the proceeds of such insurance shall be paid to the Corporation. In the case of damage or destruction of the buildings arising out of any one occurrence exceeding $5,000 in the aggregate the proceeds of such insurance shall be paid to an insurance trustee nominated by the Prime Mortgagee and appointed by the Corporation and such proceeds shall be held I trust for the Corporation, the Unit Owners and every mortgagee of a Unit and Common Interest as their interests shall appear and, subject to the provisions of the Act and any amendments thereto, shall be applied to the cost of repairing, restoring and rebuilding the buildings and structures on the Property. A Unit Owner shall not direct the loss under the Corporation’s fire insurance shall be payable otherwise than as herein before set out.    

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Files coming soon.

15.     Expropriation  

  • 1. In the event of an expropriation of a part of the Common Elements not affecting any unit, the compensation shall be negotiated and settled by the Corporation whether or not proceedings are necessary and shall be distributed among the Unit Owners in accordance with their ‘Common Interests unless the aboard of directors is authorized to apply the compensation in some other way at a special general meeting of members. In the event of an expropriation of the whole of the Property, or in the event of an expropriation which affects one or more units, each Unit Owner, whether his unit is expropriated or not, shall deal with the expropriating authority with regard to compensation relating to the unit.   


Severability   

  • 2. The invalidity of any provision of this Declaration shall not affect the validity of the remainder. 

      


SCHEDULE ‘A’ DESCRIPTION OF LAND    ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Borough of Scarborough, in the Municipality of Metropolitan Toronto, being composed of that part of Block V on a loan registered in the OFFICE OF Land ‘Titles at Toronto as M-1147 designated as PART 3 on a plan of survey of record in the said Office as 66 R-5363, that part of Lot 14 in Concession 2 of the said Borough designated as PART  1 on a plan of survey of record in the said Office as R-3445 and being part of Parcel 14-2 in the register for Section S-6, hereinafter collectively called the “Condominium Lands.”   TOGETHER WITH the free, uninterrupted and unobstructed easement or right in property in the nature of an easement through those parts of the remainder of Parcel 14-2 in the Register for Section S-6 designated as PARTS 1, 4 and 5 on a plan of survey of record in the said Office as 66R-5870, Such parts being hereinafter collectively called the “Easement” for the owner or owners from time to time of the whole or any part or parts of the Condominium Lands, in perpetuity,  (a) to obtain water for their reasonable use of the Condominium Lands for residential purposes from the municipal water system through the water main in the Basement as presently existing or from time to time replace or relocated; and  (ii) to inspect, maintain, repair, reconstruct or replace the water main in the Basement as presently existing or form time to time replace or relocate provided that, (a) such easement or right on property in the nature of an easement shall be enjoyed in common with the owner or owners from time to time of the whole or any part of parts of PARTS 1, 2 and 4 on said plan 66R-5363, hereinafter collectively called the “Adjoining Condominium Lands”;  (b) such owner or owners of the Adjoining Condominium Lands may use the Easement for the purposes of constructing or maintaining roadways, walkways, parking areas and landscaped area and may place thereon or therein lighting standards, conduits and such other things, except buildings, as shall not injure or damage the water main in the Easement as presently existing or from time to time replaced or relocated;  (c) such easement or right on property in the nature of an easement shall terminate upon the owner or owners for the time being of the whole of the Condominium Lands establishing or obtaining an alternative, equivalent facility through PART 7, on said plan 66R-5870 or elsewhere within the Condominium Lands; and   (d) owner includes a mortgagee when in possession.    RESERVING through those parts of the Condominium Lands designated as PARTS 8 and 9 on said plan 6y6R-5870 a reciprocal and identical easement or right in the nature of an easement, in perpetuity, for the benefit of the owner or owners from time to time of the whole or and part or parts of the Adjourning Condominium Lands designated as PARTS 1 and 4 on the said plan 66R-5363 upon the owner or owners the time being of the whole thereof establishing or obtaining an alternative, equivalent facility through PART 2 on said plan 66”R-5870 or elsewhere wholly within such part and, in the case of the remainder of the Adjoining Condominium Lands upon the owner or owners for the time being of the whole thereof establishing or obtaining an alternative, equivalent facility through PARTS 3 and 6 on said plan 66R-5870 or elsewhere wholly within such remainder.   SUBJECT TO an easement in favour of KINROSS MORTGAGE CORPORATION over said PARTS 8 and 9 on said plan 66R-5870 as set out in A-377487.  


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Dated April 16, 1973 - DECLARATION PURSUANT TO THE CONDOMINIUM ACT MADE BY WIMPEY DEVELOPMENT LIMITED 

Registered April 23, 1973 as Number B3665114

Blake, Cassels & Graydon  Box 25, Commerce Court West   Toronto, Ontario.  (DWM)    

Files coming soon.

*** SCHEDULE ‘B’   

Amendment Registered December 10, 2007

 Receipt No. 1659035 Declaration B365114, and amended by B394696   

BOUNDARIES OF UNITS   

Point #1, of Declaration Schedule ‘B’ is herewith replaced with the following:   

 

  • 1. The vertical boundaries of a Unit are: 
  • (a)(i) Structural door and window frames. 
  • (ii) Part of the unit elements  Door frames and doors (the townhouse front access door, walk out sliding door, garbage room  door, the side garage door, “storm”/”screen” doors, and the large garage door); and windows  frames and windows inserted into the structural door and window frames; as well, all door and  window tracks and mechanisms. 
  • (b) Floor ,wholly above grade The backside of the drywall, except in the case of a garage where the vertical boundaries are the interior face of drywall where applied, the interior face of concrete or concrete block wall.  
  • (c) Floors partially above grade The interior face of drywall, where applied, on walls bounding a garage but not a stairwell and elsewhere the backside face thereof and otherwise the interior face of concrete wall or, in the case of a garage, the interior face of concrete block wall.  ‘
  • (d) Floors wholly below grade   The interior face of concrete wall.  Provided that (b) all interior partition walls, except structural walls, and all doors, including the garage doors form part of the Unit.   
  • (ii) all windows and all window-screens and windows glass form part of the unit. Style of windows   and doors and the exterior colour thereof shall be approved by the Condominium Corporation.  
  • (iii) All door frames and window frames, except structural headers (lintels) form part of the Unit.  (e) Doors and Windows – Care and Maintenance; and/or Replacement (i) THE CONDOMINIUM CORPORATION MAY ADOPT A BY-LAW(S) AND OR RULES(S) ESTABLISHING THE CONDITIONS FOR THE REPLACEMENT OF WINDOWS AND OR DOORS INCLUDING THE LARGE GARAGE DOOR AND PROVIDE SPECIFICATIONS FOR THE REPLACEMNT WINDOWS AND DOORS.  
  • (a) Inserted window and door glass, screens and frames; but, excluding the large garage door, are part of the unit owned by the unit member. The member is responsible for their ongoing care and maintenance; and, replacement in part or whole. The Condominium Corporation is to advise the member when their condition does not complement the Condominium Corporation. When the member does not correct the advised concern, within the time frame in that advice, the Condominium Corporation may cause repairs or replacement to be completed. 
  • (b) The large garage door: THE MEMBER MAY NOT REPLACE OR PAINT THIS DOOR. The Condominium Corporation will paint and replace this door as is required by determination of the Condominium Corporation. THE CONDOMINIUM CORPORATION WILL PURCHASE THE REPLACEMENT LARGE GARAGE DOOR AND ARRANGE FOR ITS INSTALLATION. The member is responsible for all expenses. · If the Condominium Corporation does not require replacement of this door the member may request the Corporation to replace the door.  
  • (ii) ONGOING CARE AND MAINTENANCE OF THE GARAGE DOOR TRACK AND MECHANISM IS THE   RESPONSIBILITY OF THE UNIT MEMBER.    
  • 2. The horizontal boundaries of a Unit are: 
  • (a) Floors wholly above grade The lower horizontal boundary is the TOP OF THE SUBFLOOR and the upper horizontal boundary is the face of the ceiling drywall, except in the case of the garage where the lower horizontal boundary is the face of concrete floor slab and the upper horizontal boundary is the lower face of ceiling drywall. 
  • (b) Floors Partially above grade The lower horizontal boundary is the top of the sub-floor, where constructed, and otherwise the top face of concrete floor slab and the upper horizontal boundary is the lower face of ceiling drywall, where applied, in a garage and elsewhere the backside face thereof and otherwise the plane connecting the lower face of floor joists. 
  • (c) Floors wholly below grade The lower horizontal boundary is the top face of concrete floor slab and the upper horizontal boundary is the plane connecting the lower face of floor joists.
  • 3. Notwithstanding the foregoing  
  • (i) all interior stairs and, notwithstanding that they may be located exterior of the face or backside face of drywall or of the interior face or concrete or concrete block wall, all kitchen and bathroom runs and venting form part of the Unit; and  
  • (ii) THE MAIN ENTRY ELECTRICAL DISTRIBUTION PANEL, excepting domestic line fuses and/or circuit breakers, all interior beams and all metal columns including beam seatings are excluded from the Unit. 
  • Directors’ Note to members: “Electrical Disconnect Switch” to this point the Corporation is responsible for the electrical system. FROM this point throughout the townhouse the member is responsible for the electrical system. 
  • 4. The vertical and horizontal boundaries are shown on Part 3 of the Description. *** 
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75 Townhouses, Registered April 17, 1973