Declaration For May Tower II
Made Pursuant To The Condominium Act, 1998
BY: May Tower Developments Ltd. a corporation incorporated under the laws of the Province of Ontario (hereinafter called the “Declarant”)
1. The Declarant intends that the land and interests appurtenant to the land described in the description and in Schedule “A” on which two hundred and seventy-one (271) residential units, two hundred and seventy-one (271) locker storage units, two hundred and eighty-six (286) parking units, seven (7) recreational units, and one (1) service unit, shall be a freehold standard condominium corporation governed by the Condominium Act, 1998, as amended, and the regulations made thereunder (all of which are hereinafter referred to as the “Act”).
- all words used herein which are defined in the Act shall have ascribed to them the meaning set out in the Act unless otherwise specified;
- “Phase I Corporation” or “Building A” means the units and common elements comprising Metropolitan Toronto Condominium Plan No. 1256;
- “Phase II Corporation” or “Building B” means the lands and premises described in Schedule “A” hereto;
- the “Project” means the lands and premises comprising of Buildings A and B;
- “Future Development Area” means the lands and premises adjacent to the Project, being composed of the whole of Block 1, according to Plan 66M-2288 registered in the Land Registry Office for the Land Titles Division of Metropolitan Toronto;
- “the condominium corporations” means the Phase I Corporation and the Phase II Corporation;
- “Retail Structure” or “Retail Condominium” means those areas within or immediately adjacent to Building A, being Metropolitan Toronto Condominium Plan No. 1162, utilized by the Declarant and the owners, from time to time, of units in the Retail Condominium for commercial, retail or office purposes, and described in the Driveway Entrance Agreement below;
- “Shared Facilities Agreement” means an agreement between this Corporation, the Declarant and the Phase I Corporation comprising the Project in order, among other things, to ensure the continued maintenance, repair, replacement, use and enjoyment of the Shared Facilities including but not limited to the common interior roadway, the service unit, the underground garage, the visitor parking units being Units 2, 3 and 4 on Level 1 of Metropolitan Toronto Condominium Plan No. 1256, the turning circle driveway, exterior landscaping, the guest suites and other shared recreational amenities within the Project, and to confirm the obligation of the Declarant to create appropriate and specified easements in the Shared Facilities Agreement and/or separately between the condominium corporations and, in certain respects, the Future Development Area, as well as to provide for the adding and definition of certain easements and rights between all parties to the Shared Facilities Agreement. In addition, the Shared Facilities Agreement shall provide for the sharing of the costs of operating, maintaining, repairing, replacing and inspecting the Shared Facilities as defined therein. It shall also include in its definition any agreement or agreements amending or replacing the original Shared Facilities Agreement, whether such agreement or agreements provide for all or any of the foregoing matters or for other matters not contained within the original Shared Facilities Agreement and, in the case of any amendment which amends the original Shared Facilities Agreement in part without replacing the said agreement, this term shall collectively include the original Shared Facilities Agreement and the amendment(s) thereto;
- “Driveway Entrance Agreement” means an agreement between the condominium corporations and the Declarant, as owner of the Future Development Area, and the Declarant, as the owner of the Retail Structure, to share, equally, in the use, maintenance, lighting and insuring of the entrance driveway leading into the Project and the Future Development Area from the municipally maintained portion of Lee Centre Drive. The Driveway Entrance Agreement shall provide for the definition of certain easements and rights between the aforesaid parties and for the sharing of the costs of operating, maintaining, repairing, replacing and inspecting the driveway as defined therein. It shall also include in its definition any agreement or agreements amending or replacing the original Driveway Entrance Agreement, whether such agreement or agreements provide for all or any of the foregoing matters or for other matters not contained within the original Driveway Entrance Agreement and, in the case of any amendment which amends the original Driveway Entrance Agreement in part without replacing the said agreement, this term shall collectively include the original Driveway Entrance Agreement and the amendment(s) thereto;
- “Development Agreements” means any development, site plan or similar agreement affecting or relating to the Project entered into by the Declarant with the Corporation of the City of Toronto or any other relevant governmental authority dealing with any aspect of the property;
- “guest suites” means Units 1 and 2 on Level 2 of this condominium plan intended for the use and enjoyment of guests of unit owners in (both) Buildings A and B within the Project;
- “service unit” means Unit 1, Level 1, of this condominium plan intended to be used as a garbage storage, refuse/recycling, and pick-up area to permit the transportation and removal of garbage by and on behalf of this Corporation, the Phase I Corporation (Building A) and the Retail Condominium;
- “tandem parking units” means Units 73 and 74, Level A, Units 77 and 78, Level B, and Units 77 and 78, Level C of this condominium plan designed to permit the parking of two (2) private passenger motor vehicles in front of one another within each such parking unit; and
- “visitor parking spaces” means the twenty (20) parking spaces on Level A within the common elements of this condominium plan, marked with the letter “V” as shown on Pan 1, Sheet 4, of the Description.
3. The consent of every person having a registered mortgage against the land or interests appurtenant to the land are attached as Schedule “B”.
4. The monuments controlling the extent of the units are the physical surfaces mentioned in Schedule “C”.
5. Each owner shall have an undivided interest in the common elements as a tenant in common with all other owners and shall contribute to the common expenses in the proportions set out in Schedule “D”. The total of the proportions of the common interests and common expenses shall be one hundred per cent (100%).
6. The common expenses shall be the expenses of the performance of the objects and duties of the Corporation and such other expenses as listed in Schedule “E”.
7. The following are provisions respecting the occupation and use of the units and restrict gifts, leases and sales of certain of the units:
(i) Each residential unit shall be used only as a private, single-family residence and in accordance with municipal by-laws and regulations. Notwithstanding the foregoing, the Declarant may complete the building and all improvements to the property, maintain units as models for display and sale purposes and otherwise maintain construction offices, displays and signs within and on the property until all units and proposed units in the Project have been sold by the Declarant.
(ii) Each owner, other than the Declarant, shall not convey the residential unit owned by such owner without also conveying at least one parking unit and at least one locker storage unit and any conveyance or sale or agreement to the contrary shall be null and void.
(iii) No unit shall be used in such a manner as to give rise to an increase in the rate or the cancellation or threat of cancellation of any policy of insurance maintained by the Corporation.
(iv) No owner shall revise or repair any fixture or item within a residential unit that is directly connected to the common elements without utilizing the services of a licensed mechanic to perform the type of work being revised or repaired. This restriction is intended to include work to any humidification equipment which may be added by the owner to the heating, air conditioning and ventilation equipment serving the unit, plumbing fixtures directly connected to the building's water mains or drainage system including hoses, pipes and outlets for any washer and dryer, or electrical work that may affect common power lines.
(v) No owner, other than the Declarant, shall be permitted to make any structural change or alteration in or to his or her unit, and without limiting the generality of the foregoing, to any boundary wall, load bearing partition wall, floor, heating, air conditioning, plumbing or electrical installations or facilities or make any change to an installation upon the common elements or make any change or installation in or to any door, window, toilet, bathtub, wash basin or sink forming part of a unit, or maintain, decorate, alter or repair any part of the common elements, without the prior written consent of the board of directors and in accordance with the Corporation's by-laws. This provision is not intended to restrict an owner from carrying out a change which is solely decorative in nature, including any change to the configuration of the partition walls within his or her residential unit, provided such walls or partitions are non-load bearing and contain no service conduits that service any other unit or the common elements.
(vi) No residential unit owner shall install drapes, blinds or similar window coverings in other than an off-white or neutral colour or alter the interior design or colour of any part of a residential unit where such change, alteration or decoration is normally visible from the exterior thereof; it being the intent of the Corporation to maintain high and uniformly-kept standards of architectural control and design within the building. In order to reduce or eliminate the penetration of sound from one unit to another unit, not less than seventy-five per cent (75%) of the floor area of each room in each residential unit (with the exception of the kitchen, the bathroom and entrance areas) shall be covered by broadloom or by an area rug with suitable underpadding.
(vii) For the purposes of this subparagraph, “Vertical Party Wall” means a vertical wall constructed along the boundary between two (2) units shown in the description as a vertical plane. Where and to the extent that concrete, concrete block or masonry portions of walls or columns located within the unit are not load-bearing walls or columns, and contain no service conduits that service any other unit or the common elements, an owner may, with the prior written consent of the Corporation which may attach any reasonable condition to its consent, including the approval of the insurer of the property:
(A) erect, remove or alter any internal walls or partitions within his unit, or
(B) where he or she is the owner of two (2) or more adjoining units, erect, remove or alter along all or part of those portions of the vertical boundaries of each such adjoining unit shown in the description as a line, or plane, any Vertical Party Wall between his unit and such adjoining unit, or any soundproofing or insulating material on his unit side of such Vertical Party Wall.
(viii) Prior to performing any work which an owner is entitled to perform pursuant to subparagraph 7(a)(vii), the owner shall lodge with the Corporation the drawings and specifications detailing the location, materials and method of construction and installation of such work, together with a certificate addressed to the Corporation from a duly qualified architect and/or structural engineer carrying on business in the Province of Ontario certifying that if the work is carried out in accordance with the drawings and data so lodged with the Corporation, the structural integrity of the common elements will not be impaired and such work will not interfere with or impair any structure where the functioning or operation of any machinery and equipment which is part of the common elements.
(ix) All work performed under subparagraph 7(a)(vii) will be carried out in accordance with:
(A) the provisions of all relevant municipal and other governmental by-laws, rules, regulations or ordinances;
(B) the conditions, if any, of approval by the Corporation; and
(C) the drawings, specifications and data lodged with the Corporation as set out in subparagraph 7(a)(vii) above.
(x) Forthwith following the completion of any work which an owner is entitled to perform pursuant to subparagraph 7(a)(vii), the owner shall deliver a further certificate from the said architect and/or engineer, or such other architect and/or engineer as may be acceptable to the Corporation, certifying that the work has in fact been completed in accordance with the drawings and data previously lodged with the Corporation, the structural integrity of the common elements has not been impaired, and that such work has not interfered with or impaired any structure or the functioning or operation of any machinery and equipment which is part of the common elements; or failing such certification, specifying in reasonable detail the reasons why such certification cannot be made.
(xi) The Declarant shall be entitled to redesign any unsold unit or units including the erection, removal or alteration of any internal walls within a unit and/or the alteration and removal, in whole or in part, of any Vertical Party Wall between two adjoining units without the prior consent of the Corporation, in the completion of its marketing and sales of unsold units. The Declarant shall, however, lodge with the Corporation the drawings and specifications detailing the location, materials and method of construction and installation of such work and shall comply with all relevant municipal and other governmental by-laws, rules, regulations or ordinances in completing any such alterations to the unsold units.
(xii) No owner or occupant of any residential unit shall maintain, keep or shelter any animal, livestock or fowl therein other than a household pet as herein defined. For the purpose of this restriction upon the use and occupation of residential units, the term “household pet” shall mean a caged bird, aquarium fish, one (1) domestic cat or one (I) dog not exceeding forty (40) pounds in weight with the sole exception of a guide dog within the meaning of the Blind Person's Rights Act of Ontario which guide dog may exceed such weight limit, and unless any such household pet becomes a nuisance and causes unreasonable interference with the use and enjoyment by owners of other residential units and the common elements, in which event the Corporation may require the pet owner to permanently remove such pet from the property upon two (2) weeks written notice.
(xiii) No owner shall lease a residential unit unless, prior to entering into any lease or agreement to lease, he or she has obtained from the proposed tenant an information statement in the Corporation's form setting out the number and relationship to one another of the intended occupants of the residential unit under the lease, whether or not the proposed tenant will similarly lease a parking unit from the owner or another owner of a parking unit, the licence number of any private passenger motor vehicle intended to be parked in such parking unit, the length of term of the tenancy and such other reasonable information as may be set forth in the rules of the Corporation. In addition, no owner other than the Declarant shall lease his or her unit unless he or she first delivers to the Corporation a covenant or agreement signed by the tenant to the following effect:
“I acknowledge and agree that I, the members of my household and my guests from time to time, will, in using the unit rented by me and the common elements, comply with the Condominium Act, the declaration, the by-laws and all rules and regulations of the Condominium Corporation, during the term of my tenancy, and that will be subject to the same duties imposed upon the unit owner except for the payment of common expenses, unless otherwise provided according to the Condominium Act.”
Such owner or such owner's tenant shall, prior to the commencement of the tenancy, deliver said statement and covenant to the Corporation endorsed by the unit owner whose address for service and telephone number, in the case of an emergency, shall be noted thereon. Until the Corporation is in receipt of the aforesaid documents, duly completed and executed by the tenant and by the owner, the Corporation shall be under no obligation whatsoever to permit or to provide access to the residential unit and to the common elements by such proposed tenant including, but not limited to, the use of the elevator designated for moving furniture and personal belongings into a residential unit.
(xiv) The Declarant, its officers, employees, agents and invitees shall have free and unlimited access to and egress from all parts of the common elements of Buildings A and B until completion of the sales of and the transfer of title to all units in the Project and for the purpose of gaining access to the Shared Facilities and to the common elements for any lawful purpose including, but not limited to, responding to any claim submitted by this Corporation to the Declarant and to the Ontario New Home Warranty Program in respect of outstanding construction matters (including effecting repairs to the common elements).
(i) Each parking unit shall be used and occupied only for the purpose of parking a private passenger motor vehicle (or two (2) private passenger motor vehicles in the case of each tandem parking unit as hereinbefore defined and clearly identified in the Description), and as the term “private passenger motor vehicle” may be defined from time to time be defined in the rules. Each owner shall maintain his or her parking unit in a clean and sightly condition. Notwithstanding the provisions of this paragraph, in the event that the Corporation becomes the owner or tenant of a number of parking units, the board of directors may from time to time designate such units for alternate uses, provided that such alternate use is in accordance with the requirements and by-laws of the City of Toronto and approved by the owners at a meeting duly called for that purpose.
(ii) Parking Unit 34 on Level A, Parking Unit 34 on Level B and Parking Unit 34 on Level C have been designated in the description for use by a physically challenged or handicapped person (designated with the letters “HP” and hereinafter referred to as a “HP Unit”), and each such unit is clearly identified in signage by the International Symbol of Accessibility for the Handicapped, and all HP Units shall be subject to the following restriction upon their occupation and use, from time to time:
In the event that a physically challenged or handicapped person, as defined in the by-laws for the City of Toronto, acquires the right, otherwise in accordance with this declaration, to occupy a HP Unit in the parking garage, the owner of and any person then occupying the HP Unit which is closest to the parking unit acquired by such handicapped person, shall, upon notice from the Corporation and at the request of such handicapped person, transfer and exchange the right to occupy the HP Unit with such handicapped person for the actual parking unit which has been acquired by purchase or lease by the handicapped person. The right of such handicapped person to occupy such HP Unit shall continue for the full period of such handicapped person's residency in the condominium plan, and any sale, transfer or other conveyance, or lease or licence of the HP Unit shall be subject to the right of occupancy of the handicapped person as herein set nut.
(iii) The Corporation, and any person authorized by the Corporation, shall be permitted to enter all levels and areas within the parking garage at all times, and upon reasonable notice, when necessary to gain access thereto for garage sweeping and repairs and to perform, generally, the objects and duties of the Corporation in accordance with Section 19 of the Act.
(iv) No motor vehicle shall be left on a parking unit unless such motor vehicle is owned by and under the control of the Corporation, a unit owner or tenant residing in a residential unit in this condominium plan.
(v) No owner of a parking unit shall sell, give, lease, convey or otherwise dispose of such parking unit except where the purchaser, donee, tenant or recipient thereof is the Condominium Corporation or the owner or tenant of a residential unit in this condominium plan or the owner or tenant of a residential unit in the Phase I Corporation or the owner or tenant (excluding customers) of a unit/retail premises in the Retail Condominium. The term of any lease of a parking unit to a tenant of a residential or retail unit shall not extend beyond the term of the tenancy of such residential or retail unit. The owner and proposed tenant of any parking unit shall comply with the leasing requirements generally set forth by the Corporation in the declaration and in the rules.
(vi) Every lease of a parking unit shall provide or be deemed to contain a provision to the effect that where the owner is deprived of ownership of the residential unit through legal action by a party holding a registered mortgage, execution, lien (including the Condominium Corporation) or other encumbrance against such residential unit, then such lease shall be deemed to be in default and shall automatically terminate, and the parking unit subject to such lease shall revert to the landlord of such parking unit.
(i) Each locker storage unit shall be used and occupied only for the storage of non combustible materials and for no other purpose. The board of directors may from time to time restrict the categories of materials that may be stored in each locker unit and which, as the board of directors may determine, constitute a danger or a nuisance to the property and to other owners;
(ii) No gift, sale or license or lease of a locker storage unit may be given or granted or otherwise conveyed to anyone other than an owner residing in a residential unit, a tenant in actual occupation of a residential unit, the Declarant or the Corporation; and
(iii) The term of any lease of a locker storage unit to a tenant of a residential unit shall not extend beyond the term of the tenancy of such residential unit.
This Corporation and the Phase IT Corporation (Building A) share sixteen (16) visitor parking spaces that have been designated and registered in Metropolitan Toronto Condominium Plan No. 1256 as the visitor parking units (hereinbefore defined), and these sixteen (16) visitor parking spaces are located and designed for surface visitor parking adjacent to the turning circle driveway located near the entrances to Buildings A and B. In addition to the restrictions upon the use of the visitor parking units as described in the Shared Facilities Agreement between the condominium corporations, the following restriction shall apply to the use and occupation of the twenty (20) visitor parking spaces located on Level A, being the first level below grade of the parking garage, of this condominium plan:
No unit owner, or members of his or her household or tenants of a residential unit shall park upon any visitor parking unit and/or upon any portion of the common elements designated in the descriptions of Building A and Building B or by the boards of directors of the condominium corporations as visitors parking. Provided that the Declarant, its sales and management personnel, agents, sub-trades, invitees and prospective purchasers may park motor vehicles within such visitor parking areas until such time as all units in Buildings A and B have been sold and conveyed by the Declarant.
The Corporation acknowledges that the guest suites, and the other recreational units located within this condominium plan being Unit 159, Level 1, and Units 3,4, 5, and 120 on Level 2 shall be continually used for their original intended purposes, respectively, as multi-purpose rooms (including a gymnasium), a games room, a library/lounge and a washroom as shown in the Description, unless any proposed change to the use of each such recreational unit, including any material alteration or improvement thereto, has been approved by the Declarant and by the boards of directors of this Corporation and Metropolitan Toronto Condominium Corporation No. 1256 (Building A), and, where required to do so in order to comply with the notice and/or meeting requirements for a change to the assets of each corporation, by the unit owners in each Building pursuant to a vote of owners in accordance with Section 97 of the Act.
The service unit shall be used and occupied by this Corporation, the Phase I Corporation (Building A) and by the Retail Condominium as a garbage storage, loading and pick-up area serving both Buildings (including the Retail Structure) in order to facilitate garbage pick-up either privately or by the City of Toronto, and no change in use of the service unit shall be allowed or permitted without the consent of each corporation (Building A and Building B) and of Metropolitan Toronto Condominium Corporation No. 1162. Similarly, without the consent of each such corporation, the board of directors of this Corporation shall not alter or improve the service unit.
8. The owner of each unit shall comply with and shall require all residents and visitors to his unit to comply with the Act, this declaration, the by-laws and the rules.
9. Each unit owner shall be deemed to have acknowledged that in rooms or areas within residential units in which there are glass windows which, during certain times of day, result in strong or prolonged penetration of sunlight, cooling levels which are standard in other parts of the unit and in other residential units within the building during the times when no such strong penetration of sunlight takes place, may not be achieved. No supplemental heating or cooling equipment will be provided by the Corporation for this purpose.
10. Without the prior consent of the Corporation, no owner shall have any right of access to those parts of the common elements used either permanently or occasionally as utilities, building maintenance or storage areas, operating machinery areas and any other portions used for the maintenance or operation of the property.
11. For the purpose of the duties to repair and maintain, the definition of ‘unit' shall extend to all improvements made by the Declarant in accordance with its architectural plans notwithstanding that some of such improvements may be made after registration of this Declaration.
12. Save as otherwise specifically provided herein and as set forth in the Shared Facilities Agreement, the Corporation shall maintain and repair the common elements and shall maintain and repair the parking units, all at its own expense. Without limiting the generality of the foregoing and for clarity, the Corporation shall:
- maintain the parking garage, garage ramp, the driveway entrance, the common interior roadway, the recreational facilities, the turning circle, the lobby and mechanical rooms, elevators and hallways;
- maintain and repair all windows and doors which provide the means of ingress to and egress from a residential unit or to the building (save as specifically set forth below In paragraph 13.);
- maintain, repair and replace the heating, air conditioning and ventilation equipment, including thermostatic controls, notwithstanding that such equipment has been installed to serve the residential unit only, such maintenance to include regularly scheduled inspections of all such equipment, the timing and frequency of such inspections to be determined by and under the direction of the Corporation. Such periodic maintenance shall not include the cleaning and replacement of air filters or humidification equipment which shall be the responsibility of the unit owner. Each unit owner shall be liable for any damage to the malfunction of any such equipment caused by his failure to carry out the periodic cleaning and replacement of air filters and humidifier equipment, including humidifier water control settings or otherwise by the act or omission of an owner, his or her servants, agents, tenants, family or guests. No owner shall make any change, alteration or addition in or to such equipment without the prior written consent of the Corporation. The decision to replace any component associated with the heating, air conditioning and ventilation equipment shall be at the sole discretion of the Corporation or its managing agent. For greater clarity, the common elements shall include the complete vertical fan coil unit, namely, the fan, coils, valves, controls, etc. together with the branch piping extending to and including the common pipe risers, notwithstanding that this equipment may appear to fall within the boundaries of the unit. Similarly, for clarity, all pipes which may run within the boundaries of a unit, but which serve another unit or units shall also form part of the common elements, for maintenance and repair purposes. Similarly, the concrete floor slab, structural members or any load bearing partitions which may be contained within a unit a shown on the description, shall also be considered to form an integral part of the common elements;
- periodically clean the parking units within the parking garage provided, always, that each owner shall be responsible for keeping his or her parking unit free and clear from all debris and objects other than his or her private passenger motor vehicle and such owner shall comply with any notice from the Corporation or its managing agent requiring the owner, periodically, to remove his or her vehicle from the parking unit to facilitate garage sweeping and/or repairs to the parking garage.
13. Each owner shall maintain his or her residential unit, and those parts of the common elements hereinafter specified and, subject to the provisions of this declaration and Section 42 of the Act, each owner shall repair his unit after damage, all at his or her own expense. Without limiting the generality of the foregoing and for clarity, each owner shall:
- maintain the interior surface of doors which provide the means of ingress and egress from the unit and repair damage to those doors caused by the negligence of tenants, patrons or invitees to the unit;
- maintain the interior surfaces of all windows and window sills contiguous to the unit;
- maintain and repair any humidification equipment which may be attached to the heating, air conditioning and ventilation equipment which serves the unit, including the cleaning or replacement of air filters as directed by the Corporation;
- maintain his or her parking and locker storage units in a clean and sightly condition;
- maintain, repair and replace bathtub enclosures, tiles, shower pans, ceiling and exhaust fans and fan motors located in the kitchen and bathroom areas of the unit; and
- maintain and repair any system including, but not limited to, the hydro-electricity consumption meter, any appliance or fixture that serves his unit only, except for the heating, air conditioning and ventilation equipment described in Schedule “C” appended hereto and in the description.
For greater clarity, each residential unit shall include all pipes, wires, cables, conduits, ducts and mechanical or similar apparatus that supply any service to that particular unit save and except for the fan coil unit system referred to in paragraph 12 above.
Each owner shall be responsible for all damages to any and all other units and to the common elements which are caused by the failure of the owner to so maintain and repair the unit, save and except for any such damage to the common elements for which the cost of repairing same may be recovered under any policy or policies of insurance held by the Corporation. For clarity, the deductible portion of any claim made under the policy of insurance held by the Corporation in circumstances where the owner, members of the owner's household, tenants or invitees, cause the damage as a result of their negligent act or omission shall recoverable from the owner of the unit in accordance with the Act.
14. The Corporation, to the extent reasonably obtainable, shall maintain fire insurance with extended coverage, in respect of its obligation to repair and in respect of the unit owners' interests in the units and common elements, and the unit owners' obligation to repair, against damage to:
- the common elements;
- property owned by the Corporation; and
- the units, excluding improvements and betterments made or acquired by an owner in an amount equal to the full replacement cost without deduction for depreciation. For the purpose of determining the full replacement cost, the Corporation shall, at least once every two years or at the request of owners representing or mortgagees holding mortgages on 15% or more of the units, cause an appraisal to be made. In this regard, the Corporation can rely upon the appraisal obtained pursuant to the Shared Facilities Agreement with respect to the property covered by such appraisal. Such insurance shall contain:
- a waiver of the insurer's option to repair, rebuild or replace in the event that after substantial damage to 25% or more of the buildings, the owners vote for termination pursuant to Subsection 123(7) of the Act and government of the property by the Act is terminated;
- a waiver of any defence by the insurer based on co-insurance or breach of a statutory condition (a stated amount co-insurance clause is sufficient compliance with the requirement for waiver of a co-insurance provision);
- a waiver of subrogation against the Corporation, its manager, agents, employees, servants and owners, and as otherwise required or modified by the Shared Facilities Agreement, and any member of the household of an owner;
- subject always to the provisions contained in the Shared Facilities Agreement, an exclusive right of the Corporation to amend the policy and to adjust and settle claims both on its behalf and on behalf of the owners (the Corporation may, however, authorize an owner to adjust the loss in regard to a claim arising out of damage to his unit);
- a provision that the policy shall be primary insurance in respect of any other insurance purchased individually by owners;
- a provision that losses are payable to the insurance trustee above a minimum amount to be specified by the Corporation, subject to the provisions of the Shared Facilities Agreement to the contrary; and
- a provision that the insurance shall not be cancelled or substantially modified without at least 60 days notice to this Corporation, the Phase I Corporation, the insurance trustee, and any mortgagees noted thereon.
15. The Corporation shall obtain and maintain insurance against its liability resulting from a breach of duty as occupier of the common elements, with limits to be determined by the board of directors, acting prudently, and against its liability arising from the ownership, use or operation, by or on its behalf boilers, machinery, pressure vessels and motor vehicles.
16. In the event of damage to the property occurring in circumstances where the cost of repair or replacement of such damaged property exceeds $25,000 or such greater limit, from time to time, as the board of directors of this Corporation acting reasonably may determine the Corporation shall appoint an individual or a firm who or which is qualified to act as an insurance trustee within four (4) days of the damage and claim first arising, and the Corporation shall both enter into an agreement with the insurance trustee. Such agreement shall provide that the insurance trustee shall hold all insurance proceeds in trust and disburse the proceeds in satisfaction of the Corporation's and unit owners' respective obligations to repair the units and common elements including the Shared Facilities. In the event of termination of the Condominium, proceeds are to be disbursed to the unit owners and their respective mortgagees as their interests may appear.
17. Every mortgagee shall be deemed to have agreed to waive any right to have proceeds of any insurance applied on account of the mortgage where such application would prevent application of the insurance proceeds in satisfaction of an obligation to repair.
18. A complete set of all the plans and specifications given to the Corporation by the Declarant together with plans and specifications for any additions, alterations, or improvements from time to time made to the common elements or to any unit with the prior consent in writing of the Corporation, shall be maintained by the Secretary of the Corporation and maintained in a place of safekeeping at all times, for the use of the Corporation in rebuilding or repairing any damage to the building, and for the use of any owner, the Phase I Corporation and the Declarant.
19. The Corporation, or any insurer of the property (or any part thereof), their respective agents, or any person authorized by the board of directors, shall be entitled to enter any unit, at all reasonable times and upon giving reasonable notice for the purposes of making inspections, adjusting losses, making repairs, correcting any condition which violates the provisions of any insurance policy or policies, remedying any condition which might result in damage to the property, or carrying out any duty imposed upon the Corporation.
In case of an emergency, an agent of the Corporation may enter a unit at any time and without notice, for the purpose of repairing the unit and the common elements, or for the purpose of correcting any condition which might result in damage to the property, or loss to the property. The Corporation or any person authorized by it may determine whether an emergency exists. If an owner shall not be personally present to grant entry to the unit, the Corporation or its agents may enter upon such unit without rendering it, or them, liable to any claim or cause of action for damages by reason thereof; provided that they exercise reasonable care.
Each owner shall provide the Corporation with an address and a telephone number where the owner can usually be reached at such times of emergency or when repairs to the unit are required.
20. The Corporation shall retain a key to all locks to each residential unit. No owner shall change any lock or place any additional locks on the doors to any unit or in the unit or to any part of the common elements of which such owner has the exclusive use to any unit or in the unit.
21. Each owner shall indemnify and save harmless the Corporation against any loss, cost, damage or injury caused to the common elements or other units because of the willful or unlawful act or omission of such owner or any resident or occupant of his or her unit.
22. The Corporation shall, upon request and payment of an amount up to the maximum prescribed for under the Act, provide the requesting party with a status certificate and accompanying statements and information in accordance with Subsection 76(1) of the Act. The Corporation shall forthwith provide the Declarant with a certificate of lien and all accompanying statements and information, and a certificate of status in accordance with the Shared Facilities Agreement, as may be requested from time to time by or on behalf of the Declarant in connection with the sale or mortgage of any unit(s), all at no charge or fee to the Declarant or the person requesting same on the Declarant's behalf.
23. It shall be a duty of the Corporation to enter into, accept, perform and be bound by the covenants, agreements and obligations which it may or is required to assume and to take any and all steps which may be requested of it and/or required to fully implement in a timely manner the purposes, intent and provisions of the Shared Facilities Agreement, the Driveway Entrance Agreement and the Development Agreement(s).
24. Each of the provisions of this declaration shall be deemed independent and severable, and the invalidity or unenforceability in whole or in part of any one or more of such provisions shall be deemed not to impair or affect in any manner the validity, enforceability or effect of the remainder of this declaration, and in such event, all other provisions of this declaration shall continue in full force and effect as if such invalid provision had never been included herein.
25. The failure to take action to enforce any provision contained in the Act, this declaration, the by-laws, or any rules and regulations of the Corporation, irrespective of the number of violations or breaches which may occur, shall not constitute a waiver of the right to do so thereafter, nor be deemed to abrogate or waive any such provision.
26. This Declaration shall be read with all changes of number and gender required by the context.
27. The address of the Corporation for service, which is the same as the mailing address of the Corporation, is:
Toronto Standard Condominium Corporation TSCC #1431
11 Lee Centre Drive
Scarborough, Ontario M1H 3J5
Or such other address as the Corporation may, by resolution of the board, determine.
IN WITNESS WHEREOF the Declarant has hereunto affixed its corporate seal under the hand of its duly authorized officer in that behalf this day of March, 2002.
Hard Copy Signed by: Peter Lee, Director