YORK CONDOMINIUM CORPORATION NUMBER 84
BY-LAW 15 Registered By-law 15 on May 7, 2003
- 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.