Rules are passed by a resolution of the Board and must comply with the Act, the declaration and the by-laws. A rule must be ‘reasonable’ and must be for the safety and security of unit owners and the corporation’s assets. In this regard, a rule may be instituted to prevent some interference with the use of the common element, or to ensure the continued enjoyment of the common elements.
A Board may create or repeal a rule, however, if there has been an amendment to a rule, or a rule has been repealed, a board cannot pass a rule with the same purpose, within two years.
The board can also make, amend or repeal rules. However, rules cannot be about anything and everything.
Rules must be either:
be for the purpose of promoting the safety, security or welfare of the owners and of the property or assets of the corporation; or
they must be aimed at preventing unreasonable interference with the use and enjoyment of the common elements, the units or the assets of the corporation.
Typical rules may therefore be aimed at preventing nuisance or interference between owners. They may deal with noise, for instance. They may impose parking restrictions. Pet restrictions and smoking restrictions can be found in rules (not in by-laws).
These restrictions could also be found in the declaration, but they are far easier to adopt in the context of a rule.
Re-printed with permission from the CondoAdviser.ca
· RULES AND REGULATIONS -
· Address how the units and common elements are to be used by owners and residents. Rules are initially enacted by the builder or developer and later on by the board of the condo. Rules have to be reasonable and in accordance with the Act as well as the Human Rights Code of each province. Generally, a set of rules is drawn by a builder’s law firm and given to each new owner along with the declaration. In Ontario, rules have a common core but vary by type of condo, the facilities that exist, and may even differ between similar condos. It would be more functional if rules were universal from condo to condo. Rules basically exist, to promote the safety, security or welfare of owners and their property as well as the corporation’s assets. Rules also exist for the purpose of preventing unreasonable interference with residents’ use and enjoyment of their units and common elements. Rules and Regulations are helpful as they guide the behavior of residents. People then know what to expect.
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.
CONDO-RULES & REGULATIONS - JUNE 2017
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.
YORK CONDOMINIUM CORPORATION NUMBER 84
RULES AND REGULATIONS
Rules govern the use of the common elements and units with the goal of promoting the safety, security and welfare of both the owners and the property itself. Rules can also be drafted with the purpose of preventing unreasonable interference with the use and enjoyment of the common elements and of the units.
THIS IS A CONVENIENCE COPY ONLY
This is a convenience copy - revised and indexed from the original document. There is no responsibility or liability for errors or omissions.
DEFINITIONS AND INTERPRETATION
RULE # 10 - UPGRADING PATIO AREAS AND INSTALLATION OF A FRONT WALKWAY
Effective July 1973
INTRODUCTION.
This Rule replaces Rule # 8. In appreciation a member may wish to install:
i) interlocking brick;
ii) flag stone; or,
iii) other material approved by the board of directors to change their front and/or back patios; and add a walkway adjacent to the driveway along its length; and that, in satisfying this wish, there is some effect to the common elements, this rule is established to protect the position of the corporation.
Within the limits of this rule, members are permitted to install one or more of the following:
i) subject to the description within the Declaration a front patio with a material other than that initially provided by the developer;
ii) subject to the description within the Declaration a back patio with a material other than that initially provided by the developer;
iii) a front walkway adjacent to and along the length of the paved driveway. Future Corporation; or, services plans may require; - removal of; or, alteration of installed patios or walkways. The corporation is not responsible for either reimbursement to the member, nor for any restoration.
2. GENERAL REQUIREMENTS
2.1 Request for installation/alteration/removal:
2.1.1 Written approval by the Board of Directors; or, its agent, is required prior to any work. Board of Directors permission for each installation, removal, alteration to, replacement of a common element, must be applied for in writing, to the Corporation, prior to the commencement of any work. In the case of joint ownership, each participant in the joint ownership must date and sign the written request.
2.1.2 The request for permission is to include:
i) A designer's work drawing or sketch of the proposed installation;
ii) A picture of the material to be used. The front patio and walkway are to be the same material, style and color.
iii) A member dated and signed copy of this rule.
2.2 Common element ownership
2.2.1 After installation, the installed material is the property of the Corporation.
2.3 Installation/Removal Requirements.
2.3.1 Installation work involving common elements may only be done during the months of May to October (inclusive).
See "Section 3, Particular Requirements" below.
2.3.2 Work being done which affects common elements must be done according to the manufacturer's and the Corporation's specifications.
2.4 Inspection
2.4.1 The Board of Directors, or ,its authorized agent may inspect work affecting common elements before, during and after installation.
2.5 Member's Liabilities and Responsibilities
2.5.1 During installation the Member is liable for damages to any common element and personal injury liability within the work zone.
2.5.2 While patios and walkways are part of the common elements designated for the exclusive use of the Member, they are common elements for which the Member is responsible for continuing maintenance.
2.5.3 After installation the Member is liable for any work required to any common element and/or exclusive use common element resulting from these installations. The Member, the Member's heirs, subsequent purchasers, and subsequent purchasers' heirs, are bound by this liability. The Member is responsible to ensure that any subsequent purchaser is made aware of this liability.
2.5.4 None of the Condominium Corporation; the Property Manager; or, anyone having easement rights are responsible for damage, etc. as a result of any work being done by them. In the front yard this includes damage incurred during snow removal (by any means); work being done to the adjacent driveway; such as, paving of the driveway, repairing the concrete sidewalk, etc. These are examples; and are not meant to be consider a complete list.
2.5.5 On an ongoing basis the Member is to provide any additional liability insurance coverage require resulting from the walkway installation.
2.5.6 MOTOR VEHICLES MAY NOT IN PART OR IN WHOLE BE PARKED IN A MANNER SO THAT ANY PART OF THE VEHICLE RESTS ON THE WALKWAY OR PATIO.
2.5.7 Snow removal from enlarged patios and the walkway is the responsibility of the Member.
2.6 Responsibility of the Corporation
2.6.1 Snow removal - as stated within the Corporation's Declaration and the By-laws, the corporation is only responsible for front yard snow removal to the front driveway, porch and patio areas as were installed by the developer of the Corporation and as outlined within the Declaration and By-laws of the Corporation.
2.6.2 The Member recognizes that the Board of Directors is responsible for the exterior appearance of installations and at any time may take any required action to satisfy the situation.
2.6.3 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
3.1 Patios at the rear of units must be from the unit's rear wall out, and cannot extend beyond the Resident's Privacy fence; that is, eight feet out from the Member's unit's exterior wall.
3.2 The installed material must replace, and cannot be combined, with any other types of, patio stones interlocking bricks, etc.
3.3 Patios
i) The height of steps is to be maintained at a height in accordance with the building code.
ii) front patios;
iii) at the end adjacent to and touching the driveway are to be maintained at a level which is equal to the height of the driveway;
3.4 The walkway:
i) MAY NOT BE USED AS A WIDTH EXPANSION TO THE DRIVEWAY;
ii) is to be adjacent to and along the entire length of the driveway. There are not to be any breaks in the walkway except, where applicable, to go around a public service or utility apparatus;
iii) is to be twenty four (24) inches in width;
iv) at the end nearest the house, is to be maintained at a level equal to the level of the adjacent driveway and front patio. Along the driveway it is to be maintained at a level equal to the level of the driveway.
v) is to be adjacent to and touching both the front patio and asphalt driveway; and, is to be level with the adjacent patio and driveway.
3.5 Underground Service System (TV cable, telephone lines, electrical lines, underground sprinkler, etc.) Installations may not interfere with these systems. The Member is to advise the Corporation of any situation which will interfere with services. If the service facility can be relocated; and, if the Member's plan is approved, the corporation:
i) is to arrange for such relocation. The Member is responsible for any incurred expenses.
ii) may recommend, for consideration, an alternate plan in which installation works around the existing service.
RULE # 11 - DOOR(S) REPLACEMENT
Effective November 30, 1995
1. INTRODUCTION
(Note: see the amendment to the Declaration.)
This rule replaces rules #5 and #6. Approvals given to applications under the previous rules are still valid.
In appreciation that a member may wish to install a replacement door(s) and that, in so doing common elements may be affected this rule is established to protect the position of the corporation.
This rule does not include the LARGE VEHICLE ACCESS GARAGE DOOR. Only the corporation may replace this door.
2. GENERAL
2.1 Requests for Installation:
2.1.1 Prior to the commencement of any work, written approval from the board of directors; or, its authorized agent is required. Board of directors’ permission for each installation, removal, alteration to, replacement must be applied for in writing, to the corporation.
2.1.2 Each application (an application form is at the end of this rule; or a letter containing all required detail).
2.1.2.1 “GLASS LITE” - Except for basement walkout sliding doors. “Glass Lite” means any glass, plastic, polyester, or other substance used as a fill-in to the body of the door.
2.1.2.2 A picture or drawing of the door(s); and a description of the material(s) with which it is made. The amount of “glass lite” is to be indicated along with any partitioning (sectioning) of any “glass lite”. The requested colour/finish of the door is also to b indicated.
2.1.2.3 The name of the proposed installer.
2.1.2.4 A detailed description of all materials to be used.
2.2 COMMON ELEMENT OWNERSHIP - See Declaration Amendment
2.3 INSTALLATION / REMOVAL REQUIREMENTS
2.3.1 Work to common elements must be completed by an installer acceptable to the corporation.
2.3.2 Work being done which affects common elements must be done according to the manufacturers’ specifications and this rule.
2.4 INSPECTION
The board of directors or, its authorized agent may inspect work affecting common elements before, during and after installation. The resident is to grant requested access to the townhouse.
2.5 MEMBER
2.5.1 When necessary the member is to obtain all building permits; and, ensure that all building codes are satisfied.
2.5.2 During installation the member is liable for damages to any common element and personal injury liabilities within the work zone.
2.5.3 During installation the member is responsible for damages to any common element.
2.5.4 Fees payable to the Condominium. After installation the member is not to have any special reduction/consideration in periodic fees payable to the corporation (e.g. common element painting, etc.).
2.5.5 In addition to the doorframe and related hardware the member is responsible for ongoing maintenance of maintenance free and natural finish doors. As long as the member satisfactorily maintains the appearance the corporation will not paint these doors.
2.5.6 Replaced by the Declaration amendment.
2.5.7 After installation the member is liable for any work required to any common element resulting from this installation. The member, the member’s heirs, subsequent purchasers, and subsequent purchasers’ heirs are bound by this liability. THE MEMBER IS RESPONSIBLE TO MAKE ANY PURCHASER AWARE OF THEIR LIABILITY.
2.6 THE CORPORATION
2.6.1 The member recognizes that the board of directors is responsible for the exterior appearance of installations and at any time may take any required action to satisfy the situation
2.6.2 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
3.1 The size of the replacement door may not exceed the size of the door installed by the builder of the townhouse. The basement walkout sliding door must be of the same size and design as that installed by the builder of the townhouse. That is, two sections covering the entire height of the doorway and the doorway split in the centre to form two vertical parts.
3.2 The colour of the door:
i) Basement walkout door - the frame and the edging around the door’s glass is to be maintenance free. The colour must be either white matching the colour of window frames on the back of the townhouse. All maintenance free window and doorframes on the same side of the townhouse are to be the same colour.
ii) As long as they are properly maintained; maintenance free doors and frames; and natural finished doors; and frames are not painted as part of the corporation’s periodic painting program.
iii) For natural finishes, staining and/or painting (i.e. shellacking, urethaning, etc.) is the responsibility of the member.
iv) Door(s) staining and /or painting (shellac, urethane, etc.) is the responsibility of the member.
v) Since the door is maintenance free, colour and finish are to be a colour approved by the board of directors. Ongoing maintenance is the member’s responsibility.
vi) If the board approves installation of a door to have a natural wood grain covered buy a clear finish, etc. ongoing painting and maintenance is the responsibility of the member. The member is to comply with the maintenance demands from the board of directors.
vii) The finish/colour/style of the garage side door and the garbage room door are to be the same. The garbage room door may have a grill for ventilation not to exceed four (4) inches by ten (10) inches.
viii) If the appearance is not maintained to the satisfaction of the board of directors, the directors may have the exterior painted with paint and in a paint colour of their choosing. If this painting is done, by order of the board of directors, at any time other than a general painting time, the member is to reimburse the corporation for any incurred expenses if the installed door hinders / complicates the general painting operation. Then a special fee may be assessed to that member. If the door does not fit in one of the above categories periodically the board will determine the painting material and colour. Normal painting will then be done at the normal painting time.
3.3 Except for basement walkout sliding doors “Glass lite” means any glass, plastic, polyester, or other substances used as a fill-in to the body of the door.
3.3.1 The plans presented to the board of directors must indicate the amount of, partitioning (sectioning) and location of the “glass lite” in the door.
3.3.2 Front Townhouse Access Door Members may choose to have no glass. When a “glass lite” section is wanted, it may not exceed thirty per cent (30%) of the door.
3.3.3 Door from the Living Room to the Backyard. The plans presented to the board of directors must indicate the amount of, partitioning (sectioning) and location of clear glass in the door. A least thirty per cent (30%) of the door is to be clear glass.
3.3.4 Basement Walkout door Except for the framing the door is to be all clear glass.
3.3.5 Storm Doors - Front Door Glass is to be clear from both the inside and the outside. The door and frame are to be of the same construction and colour as the adjacent storm window being installed at the same time.
i) The window area(s) may be one unit, two units, or three vertical sections and may allow for screens.
ii) The frame(s) being installed may not exceed the size of the building contractor installed wood.
iii) The frame must cover the entire exterior door wood frame.
Directors’ Note: For the window at the side of the front house access door see the Rule for Window(s) Replacement.
3.3.7 Storm Doors (Back to Patios - Tri-levels & Townhouses backing onto 341 Military Trail)
i) The Window area(s) may be one unit, two sections or three sections and may allow for screens.
ii) Glass is to be clear from both inside and outside.
iii) The door and frame are to be constructed of maintenance free material.
iv) The colour is to be proposed by the member and is subject to the approval of the Board of Directors or its authorized agent.
3.4 Replacement of Door Frames
3.4.1 The size of the replacement doorframe must not exceed the size of the original frame installed by the builder of the townhouse.
3.4.2 The frame may be either a paintable wood frame or a maintenance free prefinished maintenance free frames must be approved by the board of directors.
3.4.3 All common element finishes adjacent to or abutting the door frame must be maintained and repaired / reinstated where affected by the installation of the door frame. Any gaps opening between the now door frame and adjacent common elements and finishes must be closed off and sealed.
3.5 Door Viewer
1995 - The Ontario Building Code reads as follows and is therefore part of this rule: “Door Viewer - Main entrance doors to dwelling units shall be provided with a door viewer with a viewing angle of not less than 160 degrees, unless transparent glazing is provided in the door or in a sidelight.”
3.6 Condition of Damaged Frames
The member should endeavor to have the installer include this as part of the installation costs. When that is not possible the corporation where a frame is damaged by rot or other deterioration and the condition is such that it prevents a member from being able to install a new door(s) within the existing frame(s), the member shall endeavour to advise the conditions to the property manager and the conditions may be inspected. The corporation may elect to repair or replace the frame as required at the expense of the corporation.
Damage which is a result of vandalism or work undertaken by the current or a previous member shall be entirely the responsibility of the current member.
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RULE # 12 - WINDOW(S) - REPLACEMENT
Effective January 11, 1996
1. INTRODUCTION
This rule replaces Rules #3, #4 and #7. Approvals given to applications under the previous rules are still valid.
In appreciation that members may wish to have a new window(s) installed this rule has been established to protect the position of the corporation.
Within the limits of this rule, each member is permitted to remove and replace an existing window(s) with a new window(s).
2. GENERAL
2.1 Board of directors approval for each installation, removal, alteration to, replacement of a common element must be applied for in writing, prior to arranging for any work. Each application must be in writing, dated and signed by the member.
2.2 Each application for approval is to include:
· A picture of the window(s) to be installed;
· The name of the proposed installer;
· A member dated and signed application. The application form at the end of this rule may be used.
2.3 Common element ownership
Each window is a common element. Any replacement of a common element is the property of the corporation.
2.4 Installation / removal requirements
Work being done which affects common elements must be done according to the manufacturer's specifications and this rule.
2.5 Inspection
The board of directors or its authorized agent, may inspect the work affecting common elements before, during and after installation. When requested the resident will grant access.
2.6 The Member
2.6.1 The member is to obtain all required building permits and ensure that all building codes are satisfied. A copy of each obtained permits is to be given to the corporation.
2.6.2 When possible any guarantee(s) / warranty(ies) should be jointly in the names of the member and the condominium.
2.6.3 During installation the member is liable for damages to any common element and personal injury liabilities within the work zone.
2.6.4 After installation the member is liable for any work required to any common element resulting from this installation.
2.6.5 After installation the member acknowledges that the member is not to have any special reduction/consideration in periodic fees payable to the corporation (e.g. common element window frame painting, etc.).
2.6.6 While the replacement window(s), frame(s) and flashing(s) become common elements the member, the member’s heirs, subsequent purchasers, and subsequent purchasers’ heirs are responsible for their continuing maintenance including cleaning, repairs, etc. THE MEMBER IS RESPONSIBLE TO MAKE ANY PURCHASER AWARE OF THEIR ONGOING LIABLILITY.
2.7 The Corporation
2.7.1 The board of directors, in its efforts to protect the corporation assets, may decline any application that it feels is not in the best interest of the corporation.
2.7.2 The member accepts that the board of directors is responsible for exterior appearances and at any time may take any required action for the benefit of the corporation.
3. PARTICULAR REQUIREMENTS
3.1 Windows on the same level and on the same side of the house must be done at the same time and be the same style.
3.2 All windows which open are to have an exterior screen covering.
3.3 Glass is to be clear glass.
3.4 The window frame(s) and flashing(s) being installed must be maintenance free.
· For basement windows in townhouses backing onto 341 Military Trail and tri-levels a maintenance free frame and flashing are preferred; however, an unfinished non rusting metallic finish is acceptable.
3.5 Unless otherwise stated the colour of all replacement window frames and flashings are to be a CREAM COLOUR OR WHITE. All window frames and flashings at the FRONT of the townhouse are to be the same colour. All the window frames and flashings at the BACK of the townhouse are to be the same colour.
3.6 The window(s) being installed may not exceed the size of the original builder installed wood window frames.
3.7 Unless otherwise stated windows may slide open; or, slide open and to the inside. Windows may not open to the outside. (#3.7 amended June 17, 2016)
3.8 Living Room Windows
3.8.1 Flat Surface Windows
· Installations may have one section or a number equal to the number installed by the original builder. The bottom of each window may open up to twenty-four inches. Where more than one window section is being installed, each window section must be identical to the other. The remainder of the window may not open.
3.8.2 Bay and Bow Windows
· The window may have an exterior protrusion of up to fourteen inches from the exterior flat surface of the townhouse.
· These windows may open vertically or inwards for the entire height of the window.
3.9 Bedroom Window
· Dining Room Window
· Kitchen Window
· Basement Window
3.10 Side Glass Panel Beside the Front Access Door
· The window door frame, window “kick panel” and the door parts other than window area are to be constructed of maintenance free material.
· The window frame must cover from the top of the window section to the concrete step.
· The window frame is to be of the same material and colour as the adjacent storm door.
· The glass may:
· be the height from the extreme top of the window fame down to the concrete steps.
· the bottom portion covering the inside wood area below the glass section, of the house window being installed, may be a maintenance free removable “kick panel” with the remaining top portion being a single glass panel.
3.11 Condition of Damaged Frames
Where a frame is damaged by rot or other deterioration and the condition is such that it prevents a member from being able to install a new window within the existing frame, the member shall endeavour to advise the property manager of the conditions. The conditions may be inspected. The corporation may elect to repair or replace the frame as required at the expense of the corporation.
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YORK CONDOMINIUM CORPORATION NO. 84
(The “Corporation”)
Pursuant to Section 58 of the Condominium Act, 1998
WHEREAS:
Throughout this website there is no responsibility or liability for errors or omissions.
75 Townhouses, Registered April 17, 1973