OWNER AND RESIDENT A-Z

NOTE:  This pdf version of this A-Z is not always completely up to date, minor online edits are made from time to time and the pdf is not re-created each time.

ALTERATIONS   See:   RENOVATIONS

BATTERIES

There is a box, in the Mail Room, to collect small batteries for recycling, a volunteer owner empties it.

The Corporation owns a (car) battery charger that can be borrowed from the Superintendent during his normal working hours. The Superintendent is not able to assist residents who want to use it.

BARBECUE

There is a gas barbecue on the deck adjacent to the second floor lounge. It is available to residents, at no cost, from 7am to 11pm daily. It is not available in the winter, when the deck is closed.

Reservations, not exceeding 3 hours, may be made on the calendar outside the lounge. If another resident has reserved the lounge the barbecue is not accessible, as glass and food may not be taken into or through the swimming pool area.

If a resident is planning a function with more than 10 guests, the Superintendent must be contacted, as an official lounge reservation is also required. If there are 10 or fewer guests the lounge may be used in conjunction with the barbecue without an official reservation. Reservation forms are available on this website.

The resident making the barbecue reservation is responsible for ensuring the barbecue is turned off and covered after use and that the barbecue and the area are cleaned.

 THE MAIN GAS VALVE BEHIND THE BARBECUE MUST BE TURNED OFF AFTER USE.

The Superintendent should be informed of any equipment problems.

As with other parts of the recreation facilities, the BBQ is for Residents only. Guests using the barbecue must be accompanied by a Resident at all times. No person under sixteen (16) years of age may use the Barbecue unless accompanied at all times by a parent or the parent’s agent who is not less than sixteen (16) years of age.

In addition to the Rules on use of the BBQ, the Board has approved the following Guidelines:

  • Reservations for the BBQ and one or both of the tables on the deck may not exceed three-hours.
  • No unit may make more than three barbecue bookings per week or more than one booking each weekend. 
  • The barbecue can be used, without a reservation, if no bookings are entered in the calendar for the current date and time.
  • If a Resident has booked the BBQ and is not present at that time, their booking is cancelled and other Residents can use it on a ‘first-come, first-served’ basis.
  • If plans change, Residents are urged to cross out unwanted bookings so others are not inconvenienced.
  • The deck itself and the Swimming Pool cannot be reserved. 

The BBQ is closed and unavailable during winter months,

BICYCLES

There is a bicycle storage room on the B2 level and a key for it may be obtained from the Superintendent; the cost is $25.  As the room is not large, residents are asked NOT to use this room to store unused bicycles.

Residents may also leave bicycles in their assigned parking space. If you need to have a ring installed on the wall please see the Superintendent; he will have one installed, at your expense.

Bicycles can only be brought into or leave the building through the garage.

BOARD OF DIRECTORS

MTCC 573 is a ‘corporation’ and, as described in greater detail in the Condominium Act, has a Board of Directors. The New Town of York is governed by this Board, which has five volunteer members, elected, by all Unit owners, for staggered three-year terms. The Board has the responsibility of operating the Corporation for the benefit of all owners within the guidelines set by the Act, our Declaration and our By-laws.

The Board employs a Property Management Company and a Superintendent to assist them with this task. The Board is empowered to determine the Corporation’s annual budget and can establish and enforce Rules to ensure that the building runs smoothly, that the assets of the Corporation are protected and that the rights of all owners are respected. The Board normally meets every 4 to 6 weeks and Board Highlights are posted on the website and are sent, by email, to owners and residential tenants after each meeting.

BOARD HIGHLIGHTS

The Board usually meets every 4 to 6 weeks and, among other matters, receives regular reports from the Property Manager and the Superintendent. As the Board sometimes discusses personnel, legal or contractual matters Board minutes are not public documents but the Secretary prepares Board Highlights on a regular basis and these are posted on this website and are distributed by email to all owners and residential tenants.

BY-LAWS

Under the Condominium Act, all Condominium Corporations are required to have by-laws to ensure they are operated for the benefit of all owners. Once adopted by the Corporation, by-laws are registered in the Land Registry Office. The Act lays down many of the matters that must be covered by the by-laws.

MTCC 573 currently has two by-laws:

  •  By-Law 5. The General by-law. The Unit owners approved this in June 2004 and it repealed the previous by-laws 1-4. By-law 5 deals with the election and size of the Board of Directors, Directors’ duties, owners’ meetings, the assessment and collection of common expenses, occupancy standards and other basic matters.
     
  •  By-Law 6. The Standard Unit by-law. This was approved by Unit owners in June 2008 and describes the “standard Unit”. If an insurance claim involves the Corporation, the Corporation’s insurance is responsible for returning a Unit to this condition. It should be stressed that owners should have their own insurance to cover all upgrades that have been made to their Unit over and above this standard. (See “Insurance”, below.)

Under the Act, by-laws can be adopted, repealed or amended only if the change is confirmed by not less than 51% of the owners, voting at a properly constituted meeting; the owners of 27 Units at MTCC 573. Our By-laws are available on this website.

CABLE TELEVISION

In 2007, under the authority of Section 97 of the Act, the Corporation signed a 7-year bulk cable service agreement with Rogers Cable. In late 2013, following a strong expression of owner support, the Board renewed this Agreement for a further 7 years starting June 1, 2014.  All residential Units therefore have access to the Rogers “Ultimate, Timeshifting, new Digital VIP channels and 40 commercial-free music channels, [and] up to three standard digital terminals per Unit.”  Details of the 2014 Agreement are available on this website - Useful documents page

The monthly cost, which is added to the monthly maintenance fees, is $35.55 (plus taxes) in Year 1 of the 2014 contract increasing to $42.45 in Year 7. If you require additional channels or services you can, of course, add them to this package but you should arrange this directly with Rogers, they will bill you directly for the additional cost.

New owners or tenants should receive Rogers cable boxes from the former owners or their landlord; if you do not have any (or enough) cable boxes or have questions on cable service you should contact Rogers directly - the Property Manager has no information on which boxes or how many have been given or rented to a Unit by Rogers. The nearest Rogers service point is at 333 King Street East.

The cable service also provides access to the camera at the lobby front door on Channel 988.

CARBON MONOXIDE (CO) DETECTORS  See also   SMOKE DETECTORS

Under a City of Toronto By-law and the Ontario Fire Code it is necessary for the owners of all residential Units that have a working fireplace to install a carbon monoxide (CO) detector.  Under By-Law 859-10, which came into effect on October 1, 2010, this requirement was expanded to include Units two floors above or below a Unit with a fireplace or source of carbon monoxide (such as the garage). Should a problem arise, failure to have one may affect your insurance coverage. If your detector is not working you should talk to the Superintendent.

CHRISTMAS TREES

Residents may have real Christmas trees in their own Units but are strongly advised to take proper safety precautions and are asked to ensure that needles are not dropped in the common element hallways etc. when bringing them into and, particularly, out of the building.  The City collects Christmas trees in early January and you are advised to check with the Superintendent to see when they will be doing this. Residents must bring their tree to the loading dock area for collection and should put the tree into a bag before bring it through the common elements.

DECLARATION

The Declaration is the legal document that is officially registered in the Land Registry Office when a developer transfers a building to the owners and a Condominium Corporation is created. It has been described as the "constitution" of the Corporation and establishes basic matters such as where the building is located, information on the boundaries of the individual Units and the common areas, how expenses are apportioned and how the Corporation's by-laws and rules are made and changed. Under the Condominium Act it is extremely difficult to make changes to the Declaration; changes require either 80% or 90% of all the owners to vote in favour. Our Declaration is available on this website.

DOORS

The Unit front door is an exclusive use common element; you may not decorate your door or change its appearance. No items may be attached to the exterior of the entrance door to a Unit or its frame other than a reasonably sized door-knocker and/or seasonal decoration. No one shall install anything on the interior of the entrance door to a residential unit which may hamper the Corporation in the maintenance or repair of the common elements. Door closers are mandatory by the Fire Code and are inspected by the Corporation annually, they must be maintained/replaced by owners.

DRAINS

Only human waste and toilet paper should be flushed down the toilets. Residents are urged to use conservative amounts of granular or liquid washing detergent in dishwashers and washing machines.

Residents are particularly reminded that fat, grease and food particles should not be put into the drains – these can cause blockages which can cause major damage to your, and other, Units.  

Under a City by-law it is illegal to have a “garbage grinding device” (Garberator) in this part of the City.

Residents are reminded that they are fully responsible for the Corporation’s insurance deductible and/or indemnification should problems arise and damage occurs to the common areas or any Units as a direct or indirect result of the usage of appliances (leaking hoses etc.) or if drain blockages can be attributed to a specific Unit.

DRYERS See also  LAUNDRY ROOM

Though there is a Laundry Room with coin-operated machines on the 2nd floor, most residents have a clothes dryer in their Unit. It is important that residents clean their dryer filter and in-wall filter as necessary. (The dryer filter probably after every load, the in-wall filter at least once a month). It is also useful to vacuum out the accessible parts of the in-wall vent that leads to the common dryer shafts annually. Improperly maintained clothes dryers and filters are one of the main causes of fires.

ELECTRICITY AND ELECTRICAL PANEL

Each Unit has its own Toronto Hydro (time-of-use) electric meter and Unit owners are responsible for these electrical charges. The Corporation is responsible for the electricity use in the common areas. Though the electric meter for each Unit is located outside the Unit, the circuit breaker panel for your Unit is located within the Unit; usually in the laundry room or the heat pump area. Each Unit has 100 amp service.

If there is no power in part of your Unit, check the breaker panel. The breaker will, typically, trip to the centre position requiring it to be reset. To reset the breaker push to the “off” position and then push to “on” position. If a breaker is continually tripping – call a licenced electrician!

If your Unit has absolutely no electrical power while other Units do, please contact the Superintendent, as the main breaker for your Unit, beside your meter, may need to be reset. If only your Unit is affected you will need to contact a licenced electrician, the Superintendent can advise you.

ELEVATORS

The building has two elevators and, unfortunately, does not have a dedicated freight elevator. If you are moving in or out, having major work done to your Unit or are bringing equipment or large furniture to or from your Unit it is necessary to reserve an elevator and arrange to have it padded.  There is no cost to make a reservation but the Superintendent requires 24-hours advance notice and a deposit of $500 must be paid (in advance and by cheque) for all move-outs. If you or your movers or contractors damage an elevator, or other parts of the common elements, the cost of repairs or clean-up will be charged to the Unit owner.

In the event that you are stuck in one of the elevators, remain calm; there is two-way communication to and from the elevators. Press the emergency telephone button and wait for further instructions. An off-site security company monitors this phone 24 hours a day.

If you notice unusual operation of an elevator, please notify the Superintendent or Property Manager immediately.

Do not enter or attempt to use the elevators when the fire alarms are ringing. Do not allow unattended children to use the elevators. Children should not use the elevators as a playroom nor jump in the elevators. The cost of repairing any damage caused by residents and/or their guests will be charged to the Unit in question.

As noted above, if you are moving in or out of the building, doing renovations or are expecting a large delivery, you must reserve an elevator in advance; reservations are made, by completing an elevator reservation agreement. When you reserve an elevator the Superintendent will pad it so that it is protected from damage. Only elevator reservations for move-outs require a deposit (to be paid at the time of booking) and during all moves in or out you must hire a security guard to ensure that non-residents cannot enter the building while the front doors are open. Full details are noted on the Elevator Reservation Agreement form.

In addition to reserving the elevator for moves, you are STRONGLY advised to make an elevator reservation and ask the Superintendent to pad it if you are using it to move any construction material, furniture or heavy tools. If you or your movers or contractors cause damage to the elevators the cost of the repair will be charged back to you.  For renovation/alteration projects, where there may be repeated use, you can make a ‘general reservation” but to have the elevator padded the Superintendent still needs 24-hours advance notice each time.

As we only have two elevators, only one elevator can be reserved and put “on service” and the possible hours are from 9am to 5pm from Monday to Saturday, there is a four-hour maximum. If elevator use continues longer than 4-hours or past the time of the reservation the Corporation will charge you for any staff overtime costs.

EMERGENCY POWER

 The building has an emergency diesel generator that starts automatically if the Toronto Hydro power to the building fails. This generator powers emergency lighting in the hallways, stairwells and other parts of the common elements including the garage. It does NOT provide emergency power to individual Units.

ENERGY CONSERVATION

Our building is fairly well insulated but you are advised to ensure that your windows can be completely closed and that the weather stripping is in good condition. Several owners have replaced their window glass with Triple E glass, and have seen considerable savings in their electricity costs. (Repair and replacement of window glass is a Unit owner’s responsibility. See “Windows" below.)

The in-Unit heat pumps are an owner responsibility and if you are going to be away we suggest you turn your heating and air conditioning unit to "low". Select heat or cool as appropriate and adjust the thermostat so that the heat pump and fan turn on only when external temperatures are extreme. Make sure all your windows and blinds are closed.

Water should never be left running unless in actual use and it is recommended that you use water-saving appliances and consider installing low-flow toilets.

ENTERPHONE SYSTEM

The front door to the building is always locked and, to gain entry to the building, visitors must use the Enterphone by dialing your Unit code as shown on the Enterphone directory board located in the main lobby just inside the outer doors. The Superintendent is responsible for maintaining this directory board and requests for listing(s) should be made to him. For security purposes, your entry code is not the same as your Unit number.

The lock on the door to the lobby may be released electronically using the Enterphone system as follows:

  • When a visitor calls a Unit, the telephone will ring with a special two-pulse ring.
  • When the telephone is answered in the Unit, and the visitor is identified, the lock on the door to the lobby may be released from the Unit by pressing 6, 
  • If the telephone is in use when a visitor calls, the two-pulse ring will be heard over the conversation.
  • The first call may be put "on hold" by pressing 3.
  • The lock may be released as usual by pressing 6.
  • Your first call may then be resumed by pressing 3 again

For your added safety, the front door lobby can be viewed on your television on channel 988.

It should be noted that you do NOT require a landline telephone to use the Enterphone. Even if you rely on a cell or internet phone for your telephone service the Enterphone system should work if a phone is plugged into one of your in-Unit phone jacks. (It will NOT work on a cell phone.)

Always identify visitors as persons you wish to allow into the building before giving them access.

NEVER OPEN THE FRONT DOORS TO STRANGERS

EXERCISE ROOM  See:   RECREATION FACILITIES

FIBRE

In 2017 Bell Canada installed LED fibre in all but 2 Units (where earlier Unit renovations had damaged the conduits). Under CRTC regulations you should be able to get service from any vendor, not only Bell.

FIREPLACES

All Units on floors 5-10 have fireplaces and flues; under our Declaration, Units "shall include ... the fireplace and flue appertenant to that unit only".

However, in 2011 and 2012, all of the flues were blocked off (on the roof and at the firebox) by their owners as they were deemed to be unsafe and unable to pass a WETT inspection. (See http://www.wettinc.ca)

Even though it is blocked off, the flue going from the Unit fireplace to the roof remains the property and responsibility of the owner. As noted in all Status Certificates, owners could rebuild and reopen their flues if they can reach agreements with other affected owners (i.e. all those directly above your Unit) and if an Agreement under Section 98 of the Condominium Act is negotiated with the Corporation. A working flue requires an annual WETT inspection, at the owner's expense.

Many owners have installed electric "insert" fires or use gel or ethanol fires.

FIRE PROCEDURES

The building has an automatic fire alarm system and when the alarm bells ring you should normally exit the building and meet at the front door. The Toronto Fire Service notes that “To stay in your unit or exit the building - the decision is yours - whichever you decide, remain calm.” 

See also CARBON MONOXIDE DETECTORS (above) and SMOKE DETECTORS (below).

Toronto Fire Services provides the following information on making a survival kit so that you are prepared in case a fire should break out in a high-rise: 

  • Wet towel - to place at the base of the door.
  • Duct tape - to tape over door and vent openings.
  • Foil wrap; to use to cover vent openings.
  • Whistle - to use to signal for help.
  • Flashlight - to use in case of power failure, or to signal for help.
  • Bright-coloured cloth; to hang in the window to signal your location.
  • Ink marker - to use for messages on cloth, door or windows.
  • Cotton bed sheet - if smoke is heavy in your room, soak the bed sheet with water and make a tent near an open window.
  • Washcloth; place the wet cloth over your mouth and nose to aid breathing in smoke-filled areas.
  • Fire safety plan; have a copy of your building’s emergency procedures on hand.
  • Plastic pail with lid - to use for storing survival equipment [fill with water during a fire]

See:   http://www.toronto.ca/fire/prevention/fireinsky.htm and

http://www.toronto.ca/fire/prevention/pdf/tips/tips_english.pdf

 FIRE IN YOUR UNIT

  • Leave your Unit, take your key
  • Close all doors behind you BUT DO NOT LOCK THEM
  • Activate the nearest building fire alarm by using an alarm pull station
  • Use the exit stairwells to go to the main lobby then leave the building immediately
  • Dial 911 from a safe place (never assume that this has already been done)
  • Know the correct address of the building (135 George Street South, at the corner of George Street South and Front Street East, one block east of Jarvis Street, in the City of Toronto) and the location of the fire within the building
  • Do not use the elevators
  • Do not return to your Unit until it is declared safe to do so by a fire official

 FIRE ALARM RINGING

  • Before opening the door of your Unit feel the knob for heat. If it is not hot, brace yourself against the door and open slightly. If you feel strong air pressure or a hot draft, close the door immediately If smoke is heavy in the corridor it may be safer to stay in your Unit. 
  • Place a wet towel at the base of the door
  • If you find no fire or smoke in the corridor, take your Unit key, close the door behind you BUT DO NOT LOCK IT and leave by the nearest stairwell exit
  • If you encounter smoke in the corridor or stairwell consider taking an alternative exit where it may be clear or return to your Unit
  • If you cannot leave your Unit, or have to return to it because of heavy smoke or fire.
  • Remain in your Unit and close but DO NOT LOCK the door in case fire fighters may need to enter your Unit
  • Seal all cracks where smoke may get in by using wet towels or sheets (i.e. under the door)
  • If you require assistance for evacuation, dial 911 and tell the City of Toronto Fire Services where you are. Signal to the fire fighters by waving a sheet from a window
  • Crouch low to the floor if smoke comes into the room
  • Move to the most protected room and partially open a window for air – close the window if smoke comes in
  • Remain calm and wait to be rescued. Do not consider jumping.

 FIRE PREVENTION TIPS

  • Laundry dryer lint traps and the traps in the in-unit dryer ducts should be cleaned regularly and frequently.
  • Take care when cleaning soot and ash from your fireplace.
  • Before you clear your fireplace of ash make sure no embers are still burning.
  • Do not put warm or still burning ash or embers in the garbage bins or garbage chute.
  • Do not use flammable liquids for cleaning purposes.
  • Do not store combustible material in any area of the building.
  • Burning material, such as cigarettes, ashes and like material, should never be put into the garbage.
  • Take great care to close the screen to your fireplace when a fire is burning. Be conscious of sparks leaping from the fireplace toward rugs and carpets and other combustible materials in your living room.
  • Practice safe cooking. Do not overheat any cooking utensil.
  • Constantly attend all deep-fat frying operations.
  • Wear sensible clothing when cooking. Avoid clothing that includes loose hanging sleeves and highly flammable fabrics.
  • Do not use unsafe electrical appliances, frayed extension cords, or over-load the circuitry.
  • Never leave appliances unattended while in use.
  • Avoid careless smoking habits. Use non-combustible ashtrays.
  • Never smoke if you are feeling sleepy and never smoke in bed.

If you, or any resident in your Unit, are likely to require help in leaving the building in the case of a fire or other emergency you should ensure that you have noted this on the Owner or Tenant Information Form and have completed an Emergency Assistance Form. These forms are available on the “Useful Forms” page of this website. These forms are an essential part of our (YOUR) Fire Safety Plan and are made available to the Emergency Services should there be an emergency.

GARBAGE AND RECYCLING

The City of Toronto is attempting to reduce the volume of household waste and is encouraging residents to recycle and reuse as much as possible. Household waste must be sorted into ‘recyclables’, ‘compostables’ and ‘garbage’.

The Corporation (i.e. YOUR maintenance fee!) pays for household garbage collection and the City charges us by volume. The City does not charge for the collection of compostables, recyclables or bulk items so it is to everyone’s benefit to recycle or compost as much as possible and thus reduce the quantity of household garbage. Additional information concerning garbage and recycling is on the “Useful Documents” page of this website.

Garbage chute rooms are located on each floor. Household garbage must be placed in plastic garbage bags, properly tied, and these bags must be pushed down the chute. Bags of household garbage too large for the chute must be taken to level B1 and placed in the bin located near the visitor parking area.

To avoid disturbing other residents, garbage chutes should not to be used between 10:00 pm to 7:00 am.

Bottles and/or glass must never be thrown down the garbage chute. Apart from the fact that they should be recycled, such items could explode on impact and seriously injure the Superintendent who may be working in the compactor room.

 PLEASE ENSURE THAT GARBAGE BAGS ARE PUSHED DOWN THE CHUTE AND DO NOT
LEAVE ANY GARBAGE OR RECYCLING MATERIAL ON THE FLOOR OF THE CHUTE ROOMS

Recycling and organic waste bins are located on garage level B1, adjacent to the entrance to the elevator lobby. Details of what can be recycled or composted are posted in each garbage chute room and near the recycling bins.

For the disposal of renovation debris or items such as appliances or old carpeting, please make prior arrangements with your contractor or supplier. The Corporation’s garbage bins and the garbage chute MUST NOT be used for anything except regular household waste.

If you have other material, including hazardous waste, for disposal you can take it to a City of Toronto Transfer Station (the nearest one is at 400 Commissioners Street, just east of Cherry Street.  For hours of operation and more information on what the City will accept for recycling, see: 

http://www.toronto.ca/garbage/pdf/transfer_information_package.pdf

The City will collect bulk material (NOT renovation debris) such as furniture, computers and TVs at no cost. Please discuss the date of the next scheduled bulk collection with the Superintendent.

Thanks to volunteer residents, you can leave rinsed recyclable beer, liquor and wine bottles and cans in the marked bins on the B1 level. They will be taken to the Beer Store for recycling and the Corporation will use the funds received for social purposes.

There is also a household battery disposal box in the mailroom; another volunteer owner empties it.

The City collects, at no charge, small electronic waste such as old cell phones, old (small) computers and VCR players - they can be left in the boxes in the Mail Room

There is a more detailed document Garbage and Recycling available on the Useful Documents page of this website. 

GARAGE   See PARKING

GARBERATORS

As our building is in an area of the City with "combined sewers", the City (and our Rules do not permit any Garberators - "garbage grinding devices". (See
 
http://www.toronto.ca/311/knowledgebase/68/101000048668.html )  

As Garberators put additional strain on our own drainage pipes and increase the possibility of blockages, the Corporation occasionally inspects for these and, if found, the owner will have to have them removed at their own expense.

GARDENING AND PLANTS

A group of volunteer residents maintains the plants at the front doors, the lobby plants and organises a seasonal garden on the deck adjacent to the 2nd floor lounge. Additional volunteers are always welcome.  Contact them through any Board member or the Superintendent.

GUESTS See TENANTS, GUESTS and VISITORS

HALLWAYS

The lobbies and hallways in the building are common elements. It is forbidden to leave personal items such as mats, winter boots, overshoes or umbrellas in the hallway outside your Unit. Not only is this unsightly, it is contrary to fire regulations.

HEATING AND AIR CONDITIONING

Each Unit has a heat pump to provide heating and cooling. These heat pumps are the property of the Unit owner who is responsible for their repair and replacement. Owners are also responsible for the electricity used to run the fan, condenser etc. Heated and cooled water is supplied to each Unit heat pump as part of the services provided by the Corporation.

The fan motors generally require servicing at least once per year and filters should be changed regularly. The temperature in each Unit is controlled with a thermostat located on a wall near the heat pump. Many owners have installed programmable thermostats, which can help to reduce your electricity costs.

To ensure that all heat pumps are in proper working order the Corporation normally arranges for their annual cleaning and inspection. This minimises the possibility of water damage to other Units or to the common elements and ensures that all heat pumps are inspected and are safe to use. The cost of this service is added to the common expenses of the Corporation. If problems are identified the cost of repairing these is the responsibility of the Unit owner.

INSURANCE

 A. COMMON ELEMENT INSURANCE

The Corporation must, by law, insure the common elements against all major perils, and such other perils as the Act, Declaration and by-laws stipulate. This policy is known as the Master Policy and has deductibles. The common elements, the basic Units, and the building itself must be insured by the Corporation to full replacement value as they were at the time the developer registered the property.

 ”Major perils" are fire, lightning, smoke, windstorm, hail, explosion, water escape, strikes, riots or civil commotion, impact by aircraft and vehicles, vandalism and malicious mischief. "Water escape" refers to water originating either outside the condominium premises, or within the common elements.

The Corporation must also have liability insurance against breach of duty and personal injury. Breach of duty coverage refers to liabilities resulting from the failure of the Corporation to act in the case of known hazards.

B. UNIT OWNER'S INSURANCE

The individual unit owner is partially covered by the Corporation's Master Policy. If there is a fire, the Master Policy will cover repairs and replacements to restore the common elements and damaged Unit(s) to the level of the 'Standard Unit'. The ‘Standard Unit’ is described in By-law 6. For example, if a fire breaks out in one Unit and adjacent Units are damaged, the Master Policy will restore all of the affected Units to the Standard Unit as described in By-law 6 This Standard Unit does not include any floor coverings above the concrete slab or upgrades - tiles, wallpaper etc - made by the builder or a subsequent owner; all such upgrades as well as damaged furniture and other contents should be covered by the Unit owners' own insurance.

If damage to the common elements or another Unit is caused by a negligent owner they will have to reimburse the Corporation's deductible on the Master Policy; this is currently $2500 to $100,000, depending on the type of claim.

Indemnification: Section XI of MTCC 573’s Declaration states: “Each owner shall indemnify and save harmless the Corporation from and against any loss, costs, damage, injury or liability whatsoever which the Corporation may suffer or incur resulting from or caused by an act or omission of such owner, his family or any member thereof, any other resident of his Unit or any guests, invitees or licensees of such owner or resident to or with respect to the common elements and/or all other Units, except for any loss, costs, damages, injury or liability caused by an insured (as defined in any policy or policies of insurance) and insured against by the Corporation. All payments pursuant to this clause are deemed to be additional contributions towards the common expenses and recoverable as such.”

The Corporation’s Master Policy does not generally cover an injury that occurs inside a Unit.

As noted above, the Master Policy does not cover any improvements that owners or previous owners may have made to the “Standard Unit” or to any upgrades installed by the builder. Some owners have upgraded their kitchen cabinets; others have papered walls, installed carpets or wooden floors, installed mirrored doors or tiles, etc. None of these upgrades from the “Standard Unit”, as described in By-law 6, are covered by the Corporation's Master Policy, and therefore must be included in the Unit owner's individual policy.

In addition to ensuring that you are covered for Indemnification and upgrades to the ‘Standard Unit’, your Unit owner's insurance should cover all your personal belongings and the contents of your Unit. It is wise to make an inventory, take a video or take photographs that show everything from major appliances and furniture to clothing, children's toys and kitchen utensils, and includes major improvements that have been made to the Unit. The inventory should be kept in a safe place and be up to date. This inventory is needed to determine how much coverage is required and, after a loss, to refresh the memory of what was owned and to use as proof to an insurance adjuster. Tenants should have a 'renter policy' covering personal possessions and liability.

Your own insurance should also cover personal injury. For some special items such as jewellery, furs, silverware, stamp and coin collections and securities, coverage is either excluded or extremely limited under most insurance policies. Articles such as these often have a high value, and frequently leave the premises. You must insure them separately by a special rider on your policy; if you have such items be sure your insurance broker is aware of them.

 YOU ARE STRONGLY ADVISED TO DISCUSS YOUR INSURANCE NEEDS WITH YOUR INSURANCE BROKER. Most insurance companies offer special 'condominium owner' policies that take into account the fact that the Corporation insures the 'structure' under the Master Policy.

C. INSURANCE CLAIM PROCEDURE

 The owner/resident who experienced the damage: 

Ø  Immediately notifies the Superintendent and/or the Property Manager.

Ø  Makes a claim under their own insurance policy.

Ø  Follows the instructions of their insurance company. 

The Unit owner/resident causing the damage: 

Ø  Contacts the Superintendent and/or the Property Manager.

Ø  Gives the name and telephone number of their insurance company to the Superintendent or Property Manager.

Ø  Informs their own insurance company of the problem. 

Property Manager: 

Ø  Inspects the extent of the problem.

Ø  If appropriate, contacts the Corporation’s Master Policy insurance company.

Ø  Informs affected Unit owners of the responsibility of the Corporation and of the Unit owners.

In those cases where the Corporation is responsible for the cost of the repair, the Corporation's insurance company normally sends a contractor, of their choosing, to perform the work.

INTERCOM   See:  ENTERPHONE

KEYS AND FOBS

The previous owner (or the owner, if you are a tenant) will normally supply you with keys for your Unit and your mailbox, electronic access fobs for the external doors and a garage door opener. Shortly after you move in the Superintendent will check which fobs and openers you have received and will deactivate any others belonging to the former owner or tenant. The previous owner or tenant may also give you a key to the Bicycle Room. Additional access fobs (up to the maximum allowed, see below), electronic door openers and bicycle room keys can be purchased from the Superintendent.

Neither the Corporation nor Canada Post hold copies of Unit mailbox keys. If you lose your mailbox key or if it no longer works you need to ask the Canada Post mail carrier to leave your box open - they can usually do so by using their master key. You can then have a locksmith come here to install a new lock, or can do so yourself. 

If you require new keys for your Unit front door or for your mailbox it is your responsibility to obtain them.

It is the obligation of residents to leave a copy of their Unit entry door key(s) with the Corporation, in care of the Superintendent. The Unit entry door is an exclusive use common element.

If there is an emergency that requires entry to your Unit (or a locked area inside your Unit) and we do not have a key, the Corporation may, depending on the nature of the emergency, have to remove the lock and/or chains or break the door; any costs associated with either procedure and any additional costs incurred because of delay, will be the sole responsibility of the owner. If you change the front door lock(s) of your Unit, please make sure that you provide the Superintendent with a copy of the new key(s).

Please be assured that (except in case of emergency - flood, fire, power failure, loss of heat or other threats to life or the security of the Corporation or other residents) we will not enter your Unit without proper notification, giving at least 24-hours' notice. If the Superintendent has a copy of your key(s) for use in an emergency situation, major damage to your unit and surrounding units may be prevented or reduced.

A Unit may have up to five electronic access fobs and one electronic garage opener.

Should an owner or resident lose a key or electronic device or if extras (up to the maximum above) are required, they may be obtained by giving a cheque for the appropriate amount (payable to MTCC 573) to the Superintendent at a cost of: 

Ø  $25.00 for a key to the bicycle storage room

Ø  $25.00 for an electronic access fob (maximum 5 per unit, see above)

Ø  $60.00 for an electronic garage door opener

Ø  $90.00 for an electronic front-door opener

IF YOU LOSE OR MISLAY AN ELECTRONIC ACCESS FOB OR ELECTRONIC DOOR OPENER PLEASE INFORM THE SUPERINTENDENT AT ONCE. HE WILL DISABLE IT SO THAT IT CANNOT BE MISUSED.  (You remain responsible for its use until this is done.)

 LAUNDRY ROOM See also DRYERS

There is a laundry room with coin-operated machines on the 2nd floor; it is available from 6.00am to 11.00pm  The cost is $2 per load in either a washer or a dryer.

LEAKS

All residents are reminded that if water goes from your Unit into an adjacent Unit you, or your insurance company, may have to compensate your neighbour or the Corporation if damage is caused to common areas. The most common causes of water leaks from a Unit are broken washer, dishwasher or toilet hoses or deteriorated caulking or grout in bathrooms and kitchens. You are strongly advised to have hoses checked from time to time and to maintain both caulking and grout. In general Unit owners are responsible for all plumbing on the Unit-side of the in-Unit shut-off valves,

LOADING DOCK

To ensure that the loading dock is not blocked by parked cars it is fenced off; the Superintendent can, with advance notice, unlock the chains. The use of the loading dock is controlled by the Superintendent and the primarily purpose of the dock is for garbage and recycling collection and the short-term loading and unloading of trucks that cannot fit into the garage. The first priority is that it is available for garbage/recycling, pre-arranged move-ins or move-outs and for trucks making large deliveries or pick-ups.

The City picks up the garbage, recycling and organic bins from the dock and it is essential that there is enough space to allow this. On pick-up days space on the dock is very limited.

If the dock has space, the Superintendent can allow contractors to park there while working in the building. Contractors working for the Corporation are given priority but the Superintendent will, on request from a Unit owner and if space is available, allow private contractors to park trucks that will not fit into the garage there too. However, if they refuse to move promptly should the need arise any costs will be charged-back to the Unit owner responsible. If space is not available all contractors must use on-street parking.

LIBRARY

There is a small ‘library” in the Lounge; it consists of books donated by other residents and is looked after by a few volunteers.  Residents are welcome to take books that are there and leave others they no longer want but are asked to remember that the books should be of interest to other residents and be in fair condition. The ‘library’ is weeded from time to time to keep it to a reasonable size and ensure that the books there are appropriate.

LOUNGE

There is a lounge, with a TV and billiard table, on the 2nd floor that residents may reserve for private functions. Residents under sixteen (16) years of age may not reserve the Lounge.

ALL Lounge reservations should be made on the calendar outside the Lounge - 'first-come, first served".

  • Unofficial reservations (for 10 or fewer people) need to be made ONLY on the calendar outside the lounge. No official booking is required. If there is damage, if Rules are broken or if additional cleaning is required the Property Manager will determine what charges should be made.
  • If 11 or more guests will be present an Official Lounge Reservation is ALSO required. For further details see: Lounge Licence Reservation and Agreement form.  Completed forms should be given to the Superintendent. If there is damage, if Rules are broken or if additional cleaning is required the Property Manager will determine what charges should be made.

The lounge is available from 6am daily and must be vacated by 11.00pm from Sundays to Thursdays and by 1.00am on Saturdays and Sundays. The adjacent deck must never be used after 11.00pm. Please note that the fob entry to the lounge area is set to permit access only during permitted hours.

People leaving the lounge should be reminded that it shares a floor with residential Units and that noise should be kept to a minimum.

There is a gas barbecue on the deck adjacent to the lounge. It can be reserved using the calendar posted outside the lounge. See Barbecue, above.

Guests may use the lounge and the recreation facilities only if accompanied by a resident.

The Enterphone code for the lounge is 060.

In addition to the Rules concerning the Lounge, the board has approved the following Guidelines:

  • As the lounge is for the use of all Residents, no Unit may reserve the lounge for more than one period per week without the prior permission of the Board.
  • The Lounge can be used by groups of 10 or less, without a reservation, if no bookings are entered in the calendar for the current date and time.
  • If a Resident has booked the Lounge and is not present at that time, their booking is cancelled and other Residents can use it on a ‘first-come, first-served’ basis.
  • If plans change, Residents are urged to cross out unwanted Lounge bookings so others are not inconvenienced.

MAIL

Each Unit has a locked mailbox in the mailroom adjacent to the front lobby; the external door fob opens the mailroom door.

As these mailboxes are used by Canada Post they are accessible only to the Canada Post mail carrier and the owner. The Corporation does not have keys to the mailboxes. If you lose your mailbox key or if it no longer works you need to ask the Canada Post mail carrier to leave your box open - they can do so by using their master key. You can then have a locksmith install a new lock, or can do so yourself. As getting a new lock is time-consuming and expensive you are strongly advised to have more than one mail box key!

The Corporation has also provided a few lockable boxes for parcels delivered by Canada Post, instructions on using these boxes are posted in the mailroom.

Courier companies cannot access the mailroom and the Superintendent cannot accept courier deliveries.

MAINTENANCE FEES See also:  RESERVE FUND

As part of the annual budget process, the Board establishes the monthly maintenance fees necessary to operate the Corporation each fiscal year. The budget year of MTCC 573 begins on March 1 each year.

The monthly maintenance fees are composed of two parts, operating expenses and contributions to the Reserve Fund.

Operating expenses cover such items as: 

Ø  Building insurance

Ø  Electricity and gas charges for the Common Elements

Ø  Garbage and water charges from the City of Toronto

Ø  Improvements to the Common Elements

Ø  Management, legal and accounting expenses

Ø  Maintenance and repair of the Common Elements

Ø  Staff wages and benefits 

Under the Condominium Act all condominium corporations are obliged to maintain Reserve Funds and to ensure they will be sufficient to fund all major renovations and repairs to the common elements over the next 30 years. Appropriate professionals must carry out "Reserve Fund Studies" at least every 3 years. Reserve Funds are not like a savings account that can be used to cover unexpected operating expenses and they cannot be used to make ‘improvements” to the common elements.

The amounts necessary to contribute to the Reserve Fund (See Reserve Fund below) are collected with the monthly maintenance fees and are, of course, based on the normal percentage contribution rates.

 MONTHLY MAINTENANCE FEES ARE DUE ON THE FIRST DAY OF EVERY MONTH.

Fees are payable to MTCC 573 by post-dated cheques or by pre-authorized payments and are paid to us c/o our Property Management Company. A copy of the pre-authorised payment form is available on the Useful Forms page of this website

Under the Condominium Act, the Corporation is permitted to place a lien on your Unit if maintenance fees are not paid when due. The legal cost of such lien - which can be quite significant - is the responsibility of the Unit owner. 

The Corporation imposes a late payment fee of $25 if a monthly payment is received after the 8th day of the month and interest at the annual rate of 24% is charged on all accounts overdue more than 30 days. There is a charge of at least $25 for an NSF cheque.

MOVING

When you are moving in or out of The New Town of York you need to reserve an elevator. This should be done by completing an Elevator Reservation Form, giving it to and discussing the reservation with the Superintendent. (See: Elevators above.) We do not have a separate freight elevator and elevators can only be booked from 9am to 5pm from Monday to Saturday; there is a 4-hour maximum and only one of our two elevators can be reserved. There is additional information on the Elevator Reservation Form, available on the Useful Forms page of this website. If your use of the elevator exceeds the booked hours you will be charged for all staff overtime. 

As the front door of the building must not be left open and unlocked, it is necessary to arrange for a security guard for all moves - the Superintendent can advise on appropriate licenced companies; the current charge is approximately $20 per hour, plus HST. If there is no security guard present the move and elevator reservation will be cancelled by the Superintendent or his deputy.

NOISE

Though the building is reasonably soundproof, please keep stereos, televisions and conversation at a reasonable volume so as not to disturb others, particularly late at night.  Please do not make loud noises in the hallways.

Residents making renovations or repairs to their Units are required to ensure that work is done only between 9:00 am and 6:00 pm Monday to Saturday. Renovation work is not permitted on Sundays and public holidays. You are reminded that owners must receive written approval from the Board of Directors prior to the commencement of any renovation work within their Unit. (See: Renovations, below.)

NOTICES

The Corporation's official notice boards are located in the mailroom, on both basement levels near the doors to the parking garage and in the west stair well between the main and second floors. The Board and the Property Manager post important announcements on these boards so it is recommended that you check them on a regular basis to keep abreast of activities within the building. Residents may use these notice boards only to post information concerning resident activities or other resident information. If we have your email address(es) we will also email important notices to you.

The Corporation normally only communicates with owners and residents by email but, under the Condominium Act, the Corporation must send official notices (about the budget, the AGM, Bylaw and Rule changes etc.) to an owner's postal address unless the owner agrees to receive these by email. Over 95% of our owners have agreed to accept ALL notices by email, which is, of course, far cheaper. If you wish to move from mail delivery to email delivery (or vice versa) you should write to or email the Corporation's Secretary or the Property Manager with your instructions.

OCCUPANCY STANDARDS

Under the Declaration, each Unit shall be occupied and used only as a private single-family residence and for no other purpose. Under the By-laws, the maximum number of residents allowed in a Unit is four. (Two in the one-bedroom Units.)

PARKING

Under Schedule F of the Declaration of MTCC 573, each residential Unit is assigned an exclusive use common element parking Unit. These Parking Units are for the exclusive use of the owner and shall be occupied and used only as a private parking space for a passenger automobile, station wagon or motorcycle by a Unit Owner, Tenant or Resident of the Unit. Guests may also use a Unit's assigned parking  or can park in Visitor Parking.

 If an owner does not require his/her assigned parking Unit they may attempt to rent it to another owner, tenant or resident. You may not rent your assigned parking Unit to a non-resident.   Owners may not make any additions, alteration, improvements or renovations in or to their assigned parking Unit.

Under our Rules, no commercial vehicle, camper, van, recreation vehicle (RV), all-terrain vehicle, trailer, boat, snowmobile, mechanical toboggan, machinery or equipment of any kind other than a private passenger vehicle or motor cycle shall be parked on any part of the common elements, including the visitors’ parking area or in any underground parking Unit, nor shall any repairs be made to any motor vehicle on any part of the common elements, including the visitors’ parking area or in any underground parking Unit.

The Corporation has the garage power-washed once or twice a year but all owners should maintain their assigned parking Units in a clean and tidy condition including eliminating oil or grease spills. If this is not done in a timely manner, the Corporation may have the space cleaned at the owner's expense, collecting any amount owing in the same manner as contributions towards common expenses.

Vehicle headlights should be turned on whenever moving through the parking garage. 

The speed limit in the parking garage is 10 km/hr.

There are seven (7) marked visitor parking spaces on level B1. From 9:00am to 5:00pm on Monday to Friday, two of the visitor spaces are clearly marked for contractor use and, whenever possible, visitors should be asked to avoid use of these spaces during these hours. So that some spaces are left for other visitors, contractors may not use the remaining visitor parking spaces. Drivers of delivery and trade vehicles are only permitted to use the designated contractor parking areas or the Unit owner’s own assigned space while performing their duties.  Residents are not allowed to park in Visitors Parking.

For safety and security, if overnight visitors are parking in the visitors parking area between 2.00am and 7.00am a parking permit must be displayed. Parking permits can be obtained from the bulletin boards located adjacent to the entrances to the parking garage on either the B1 or B2 levels. If a valid visitors parking permit is not displayed on the front dashboard of the visitor’s vehicle, a parking ticket may be issued.

The garage doors are programmed to open and close automatically after being activated by a remote control, an access fob or by pushing the button located inside the garage on the wall at the base of the ramp. Should the garage door fail to open or close, immediately report the problem to the Superintendent. Please ensure that other vehicles or pedestrians do not follow you into the garage and we urge you to stop after entering or exiting the garage to allow the doors to close.

The Superintendent will sell garage door remote controls to residents only. The cost is $60, payable by cheque to MTCC 573. Only one remote will be sold to a Unit. If you rent a parking space from another Resident they should include their remote in the rental.

According to Fire Regulations, storage of any items other than bicycles or other metal items such as bundle buggies used for carrying groceries is strictly prohibited in the parking garage.

Should your vehicle or that of your guest stall or fail to start in the garage or garage entrance, ensure that the vehicle is not obstructing other traffic and immediately call your service station or the CAA for assistance. If appropriate, please advise the Superintendent of your problem. The Corporation does have a battery charger and this can be borrowed from the Superintendent, during his normal working hours. The Superintendent is not able to assist Residents with use of the charger.

Washing vehicles is not permitted in the parking garage. Maintaining, servicing and repairing vehicles (not including emergency boosting and towing) are prohibited by fire regulations anywhere on the property.

 As it is sometimes necessary to have cars moved to carry out maintenance or to deal with emergencies all residents are strongly advised that if they are going away and leaving their car parked in the garage that the Superintendent has a key to it or knows of another resident who has one. If the Corporation has to have a parked car moved the cost of this will be charged-back to you.

PEST CONTROL

The Corporation arranges for regular visits from a pest control company. They treat the common areas as necessary and will, on request to the Superintendent, treat residential Units at no charge to you. Pests can easily spread from Unit to Unit so if you notice any activity, please inform the Superintendent at once.

PETS

According to the Declaration, pets are allowed to be kept in any Residential Unit. All pets must be kept on a leash or in a cage or carrying case when outside of the owner’s Unit.  No exotic, nuisance or dangerous animals, as determined by the Board in its absolute discretion, shall be permitted within any unit. Such owner shall, within two (2) weeks of receipt of a written notice from the Board or the Property Manager requesting the removal of such pet, permanently remove such pet from the property.

Pets are not allowed in the 2nd floor lounge, on the deck, or in any of the recreation areas and when traversing the common elements must be on a leash or be carried.

Visitors and guests may not bring pets into the building.

POWER FAILURES   See:   EMERGENCY GENERATOR

PROPERTY MANAGER

To manage the day-to-day operations of the Corporation, the Board has a contract with a Property Management Company - since 2010, Royale Grande; they have assigned a part-time Property Manager to our building. The Property Manager visits the building as necessary but does not have an office in the building. It is best to contact her through email.

The Property Management Company provides accounting and administrative services including, but not limited to, the preparation of monthly financial statements, and budget projections. The Property Manager is present and reports to the Board at its regular meetings and is responsible for the smooth operation of our building. Additional responsibilities of the Property Manager include the hiring and supervision of the Superintendent and relief staff.

The duties of the Property Manager do not extend to repair services for individual Units but rather cover the common elements portion of the building.

Complaints concerning the building maintenance or other common services covered by the monthly maintenance fees should, in the first instance, be made to the Superintendent.  If satisfaction is not obtained residents should contact the Property Manager. Suggestions for additional services should be made to either the Property Manager or to any Board member.

PROPERTY TAX

The Municipal Property Assessment Corporation is responsible for assessing the value of all property and City of Toronto property taxes are payable by each Unit. Disputes about property assessments or the taxes assessed on your Unit and the payment of these taxes are the owner’s responsibility.

RECREATION FACILITIES

The recreation facilities include a swimming pool, two saunas, a squash court, a small exercise room and a billiard table in the lounge. Most facilities are on the 2nd floor and the hours of operation of all recreation facilities are 6:00am to 11:00pm.

The squash court (which also has a basketball hoop) is on the ground floor and is not locked; it can be accessed from the fire stairs at the east end of the building. Appropriate, non-marking, footwear and safety equipment must be worn in the squash court.

 Recreation facilities are for the use of RESIDENTS only. 
If you have guests or visitors they may use the recreation facilities only if accompanied by a Resident.

No person under sixteen (16) years of age shall be permitted within the recreation facilities or amenities unless accompanied at all times by a parent or the parent’s agent who shall be not less than sixteen (16) years of age.  

RECYCLING - See: GARBAGE& RECYCLING and additional information on the Useful Documents page of this website.

RENOVATIONS

 PRIOR TO COMMENCING RENOVATIONS OR MAKING ALTERATIONS
WITHIN THEIR UNITS, OWNERS ARE REQUIRED TO OBTAIN WRITTEN APPROVAL FROM THE CORPORATION.

APPROPRIATE MUNICIPAL PERMITS MAY ALSO BE REQUIRED

It is important that all alteration and major renovation and repair projects are approved by the Board IN ADVANCE and that the necessary municipal permits have been obtained. Details on how to get Board approval are on the Alteration - Renovation Form and Renovation Guidelines available on this website. You should also note that there are Building Plans available, also on the website.  Completed applications should be given to the Superintendent or directly to any Board member.

If an owner proceeds with renovations or alterations that have not been approved or are illegal or if the alterations result in loss of enjoyment of their Units by other Unit owners, these alterations will have to be modified or reversed. The Corporation is obliged to seek legal redress if such situations arise and an owner fails to comply with the Corporation’s demand to reverse or modify the change.

It should be stressed that the Board normally meets every 4-6 weeks and before the Board can approve a renovation agreement it may be necessary for them to seek professional advice. It is to your advantage to inform the Property Manager and the Board of any alteration or renovation project as early in the process as possible and allow sufficient time to receive WRITTEN approval before you would like to start the project. The Superintendent, Manager and all Directors are happy to offer advice on renovations, we have seen many!

To get permission from the Board you should complete an Alteration/Renovation Agreement – copies are on this website. It is suggested you may get useful suggestions on proposed renovations from the Property Manager, Superintendent or any Board member – we are happy to help.

As repairs often turn into renovations there are always going to be some ‘grey areas’ as to when it is necessary to complete this Agreement and get permission; if you are in doubt it is suggested that you talk to the Property Manager. In general, the Board does not require an Agreement to paint, replace carpeting or install a replacement heat pump or sink. You do require an approved Agreement if you are knocking down interior walls, re-tiling walls, installing a tiled or wooden floor, replacing windows or doing any work that involves the common elements of the Building, including the plumbing or areas behind the drywall of the outer walls of your Unit.

If you are doing renovations or alterations you are STRONGLY advised to make an elevator reservation and ask the Superintendent to pad it if you are using it to move any construction material, furniture or heavy tools; if you or your contractors cause damage to the elevators the full cost of the repair will be charged back to you. It is essential that the Superintendent be given at least 24 hours advance notice of an elevator reservation so that it can be padded and put “on service’. Elevator reservation forms are available on this website.

Only one elevator can be reserved and put ‘on service’ and the possible hours are from 9am to 5pm from Monday to Saturday, there is a four-hour maximum. Renovation work must be limited to the hours of 9:00 a.m. to 6:00 p.m. Monday to Saturday. Renovations may not be done on Sundays or public holidays.

To bring the various requirements together, the Board has created some Renovation Guidelines and they are available on the Useful Forms page of this website.  In addition, the Board has prepared the following table that attempts to deal with some common questions as to who is responsible for what; the Corporation or the owner. In general, the responsibility for repairing a Unit rests with the owner while the Corporation is responsible for repairing the common elements. There are, however, some shared responsibilities and the Condominium Act (1998) and the legal documents of MTCC 573 (our Declaration, By-Laws and Rules) contain vital information on this subject.

The following sections of our Declaration are of particular relevance to determining maintenance and repair responsibilities. 

Ø  Indemnification,                                       Declaration Section XI

Ø  Insurance                                                Declaration Section X

Ø  Maintenance and Repairs                       Declaration Section VII

Ø  Structural Changes or Alterations.          Declaration Section IV

Ø  Unit Boundaries                                       Declaration, Schedule "C"

The table, which follows has been created in an attempt to clarify the unit owners' and the Corporation's responsibilities for maintenance and repairs. In the event of a discrepancy, the statements in Act, the Declaration, the By-laws and the Rules take precedence. It should be noted that if damage to any area of the building is the result of owner negligence, the owner is responsible: see “Indemnification” (Declaration Section XI.) 

Item

Who is responsible

Comments & Details

“Standard unit”

Corporation

Corporation will repair and replace as necessary only under insurance claims. See By-Law 6.

“Standard unit”

Owner

Owner is responsible for regular repair, maintenance and replacement.

Upgrades to “standard unit

Owner

Maintain, repair and replace as necessary.

Furnishings, personal possessions, appliances, heat pump etc. within unit

Owner

Includes responsibility for having the heat pump cleaned and serviced as necessary. (The Corporation usually arranges an annual inspection and BASIC maintenance of Unit heat pumps - to avoid damage and leaks affecting other Units.)

Common elements, (including decks, hallways, lobbies, parking garage, recreation areas, building equipment, building exterior, and the furnishings of the common areas.)

Corporation

Apart from the owner’s responsibility under Indemnification, see above, and the owners' responsibility for their assigned parking space, the Corporation is responsible for the maintenance, repair and replacement of all the common elements.

Electrical

Owner

Maintain, repair and replace all electrical equipment within the unit boundaries. Including, outlets, switches and circuit breakers.

Electrical

Corporation

Maintain, repair and replace all electrical equipment serving the common elements or situated outside the Unit boundaries.

Exhaust fans (in Units

Owner

Clean, repair and replace grilles covering air inlets and outlets within the Unit. Clean lint from the unit’s dryer clean-out. Maintain, repair and replace the fan blowers and motors in Unit bathrooms and kitchens

Fireplaces and flues (Floors 5-10)

Owner

Maintain and repair. If the flue is unblocked it must be cleaned and/ inspected annually by a WETT certified technician. (SEE: Fireplaces, above.

Mailboxes

Owner

Repair or replace the individual mailbox's lock. (The Corporation does not hold a copy of any mailbox key.)

Mailboxes

Corporation

Maintain, repair and replace the mailboxes. (Canada Post has the only main key to the Box.)

Plumbing

Corporation

Plumbing in common areas and up to, and including, Unit shut-off valves.

Plumbing

Owner

All plumbing on the Unit-side of Unit shut-off valves.

Unit entry doors and frames

Owner

Maintain interior surfaces and maintain, repair and replace the lock(s), hardware, and door-closer.

Unit entry doors and frames

Corporation

Maintain exterior surfaces. (Owners responsible for repair after damage caused by moves, renovations etc.)

Windows

Owner

Clean all interior surfaces of windows. Replace and repair screens and window frames and window glass. (See: WINDOWS, below.

Windows

Corporation

Clean all exterior surfaces of inaccessible windows.

RENTING YOUR UNIT

Owners may lease or rent their Units but, with a limited exception, no lease may be for less than one year.  No Unit shall be occupied under a lease or licence arrangement for transient or hotel purposes. Owners who are renting their Unit must complete a Rental of Unit form and send it to the Property Manager.

All leases must be in writing. Owners must provide their tenants with copies of the Declaration, By-laws and Rules. (All are on this website.)

Owners who are renting their Units must inform the Property Manager of their new address and contact information, the name(s) of the tenant(s) and the term of the lease. (See: Rental of Unit Form on this website.)  Tenants must also complete a Tenant Information Form - also available on this website.  Until both of these forms are received it will not be possible to reserve the elevator nor purchase fobs or keys.

The Corporation will continue to deal with the Unit owner regarding monthly maintenance fees etc. and the owner is responsible for the conduct of their tenant(s).

Under our Declaration (Section IV)  and By-Laws (Section 20) there are specific occupancy standards for the residential Units that must not be exceeded (in general, not more than two persons per 'sleeping room') and  "each unit shall be occupied and used only as a private single family residence and for no other purpose..."

The situation regarding renting the Commercial Unit is slightly different and is set out in the Declaration.

REPAIRS  See also: RENOVATIONS

Unit owners are responsible for repairing their own Units but it should be noted that the Corporation is, under the Act, required to make any repairs for which a Unit owner is responsible and which the owner has not performed within a reasonable time; the cost will be charged back to the owner. This obligation is in place to protect all owners and it is the duty of the Corporation to act. (Examples of occasions when the Corporation might act to protect other owners or the Corporation itself would include repairing leaking taps, appliances or unsafe fireplaces or heat pumps.)  See also Renovations.

RESERVE FUND  See also: MAINTENANCE FEES

Under the Condominium Act all condominium corporations are obliged to maintain Reserve Funds and to ensure they will be sufficient to fund all major renovations and repairs to the common elements over the next 30 years. The purpose and use of the Reserve Fund is described in the Act.  “A reserve fund shall be used solely for the purpose of major repair and replacement of the common elements and assets of the Corporation.”  Reserve Funds are not like a savings account that can be used to cover unexpected operating expenses and they cannot be used to make ‘improvements” to the common elements.

Under the Act, the appropriate size of the Reserve Fund is determined as follows. “The Corporation shall conduct periodic studies ("A Reserve Fund Study") to determine whether the amount of money in the reserve fund and the amount of contributions collected by the Corporation are adequate to provide for the expected costs of major repair and replacement of the common elements and assets of the Corporation.”

Our most recent full Reserve Fund Study was carried out by the Corporation's engineers in late 2012; an update was completed in late 2015. The summary report and 2015 update are available on this website, on the Useful Documents page. During a Study all the physical assets of the Corporation (building, equipment etc.)  are evaluated and their anticipated lifespan (based on what is 'normal' and taking into account any recent repairs or maintenance issues) is made. Then an estimate of the cost of replacement is made and a Funding Plan is created. The annual sums to be raised are then collected through the monthly maintenance fees. The Board has decided to conduct a  full Reserve Fund Study in late 2017, bringing this forward by a year.

Under the Act, the onus is clearly placed on current owners to provide for the future replacement and repair of building components currently in use and to ensure that when funds are required they will be available. The aim is to protect the equity of present and future owners. The market value of each Unit will be maintained or increased only as long as the Corporation is able to pay for building component repairs and replacements as the need arises; when a building is allowed to deteriorate or a Corporation is under-funded, all owners are negatively affected. If major repairs are required and a building’s Reserve Fund is insufficient, a special assessment may be required. 

RESIDENTS

Residents are described in our Rules as:  “Resident” means anyone who resides in any residential unit of the Corporation for any length of time and whose name has been submitted in writing to the Property Manager, and includes, but is not limited to, an Owner or Tenant residing in a unit. 

If the names of the Residents in your Unit change you must inform the Corporation, in writing - by completing a revised Owner or Tenant Form.

RULES

Under Section 58 of the Condominium Act, "the Board may make, amend or repeal rules respecting the use of common elements and Units to promote the safety, security or welfare of the owners and of the property and assets of the Corporation or prevent unreasonable interference with the use and enjoyment of the common elements, the Units or the assets of the Corporation."

Rules support the Act, the Declaration and the By-Laws and cannot override these documents. They are detailed and describe expectations of the Corporation and owners. Rules are proposed and prepared by the Board of Directors.

Under the Act, a rule becomes effective thirty days after notice of the rule has been given to each owner. If at least fifteen percent of owners (8 in the case of MTCC 573) requisition a meeting of owners, the revised rule does not become effective until it is approved at that meeting. (The quorum for a meeting is 25%, 13 owners in the case of MTCC 573). Owners may, at any time after a rule becomes effective, amend or repeal it at a meeting of owners duly called for that purpose.

MTCC 573 has a number of rules to make living at 135 George Street South a pleasant experience for all residents and owners; you are urged to make yourself aware of all of them. Though all our rules are important, some, which are most often invoked, are highlighted in this A-Z listing. The Rules are available on this website. The Corporation’s first set of Rules was replaced by a new set in 1996 and these were amended from time to time until December 2015 when the current set was adopted by the Board; they came into effect on 5th December 2015.

SECURITY

Building security is the responsibility of each and every owner and resident.

Do not allow anybody you do not recognize as a current resident or who cannot produce suitable identification into the building.

When entering the garage, if a car or person you do not recognize tailgates you, please stop just inside the door to allow the door to close immediately behind you. Similarly, when exiting please wait until the door closes.

Be careful if you give anyone (cleaners, friends, children etc.) any of the access fobs or remote controls that have been issued to you. Owners are responsible for misuse of the access fobs and remote controls issued to them. 

IF ONE OF YOUR ACCESS FOBS OR YOUR GARAGE OPENER IS LOST OR MISLAID PLEASE REPORT THIS TO THE SUPERINTENDENT IMMEDIATELY SO THAT IT CAN BE DE-ACTIVATED. 

You remain responsible for its use until this is done.

Emergency telephones, which are monitored 24-hours a day by off-site security personnel, are located in the following locations: 

Ø  in both elevators and

Ø  on both levels of the garage - immediately to the left of the exit doors leading to the elevators.

To use these telephones press the button, wait for a response and state your problem. They are monitored by an off-site security company.

The telephone in the swimming pool area is conventional and, in an emergency or if assistance is required, may be used to call 911 or any other local number.

 If you feel that you are in immediate danger, please call 911.

Sections of the building, including the entrances, the lobby and the interior of the parking garage and the swimming pool are under recorded video surveillance.

If you are going to be absent for an extended period you are strongly advised to inform the Superintendent so that he can react appropriately to problems. If you have arranged for a friend to enter your Unit while you are away, to collect mail etc., it is suggested that you also inform the Superintendent of this.

If you are going to be absent for an extended period and are leaving your car parked in the garage, you are strongly advised to leave the key with another resident or a friend or leave it in some obvious place in your Unit and ensure the Superintendent knows that you have done so. From time to time the garage needs to be empty for cleaning or repair. If we do not have access to a key your car may need to be towed, at your expense.

Please do not hesitate to inform the Superintendent or Property Manager if you see anybody suspicious wandering in or around the building or the underground parking areas.

ST. LAWRENCE NEIGHBOURHOOD ASSOCIATION

 New Town of York is a member of the St Lawrence Neighbourhood Association - details of their activities can be found at the SLNA website: http://www.slna.ca

SMOKE DETECTORS  See also:  CARBON MONOXIDE DETECTORS

Under the Ontario Fire Code, every Unit must be equipped with a smoke detector and a fire alarm and, in some cases, a carbon monoxide (CO) detector. These belong to the Corporation and it is illegal to attempt to disconnect them. Owners have a responsibility to ensure that the smoke and CO detectors in their Unit are working but, for the security of the building and all its residents, the Corporation arranges for their annual inspection and, if necessary, repair. If an in-Unit smoke detector or fire alarm requires repair or replacement due to misuse or tampering the cost of this will be charged to the Unit owner.

These smoke and CO detectors ring ONLY inside your Unit; they are NOT connected to the building's automatic fire alarm system.

The Corporation replaces defective detectors on the 2nd and 10th floors with combined smoke and CO detectors as these floors are close to gas-fired equipment.

SMOKING

Under our Rules, smoking - including of e-cigarettes - is not permitted in any part of the common areas. (e.g.  Lobbies, stairwells, recreation facilities, the garage and the outdoor decks.)

SQUASH COURT See: RECREATION FACILITIES

STATUS CERTIFICATES

Normally when a Unit is sold the potential purchaser will require a Status Certificate. A status certificate is a document, prepared under Section 76 of the Ontario Condominium Act; it provides basic and essential information concerning the financial status of a unit and of the corporation. Its main focus is to inform a prospective owner of the monthly maintenance fees, of any large increase that is going to come into effect, of any special assessment that is being contemplated by the board, and any arrears or lien that a particular Unit might have.

As laid down in the Act, a Status Certificate contains the condominium corporation's declaration, by-laws and rules and contains the most recent audit report, information on the most recent Reserve Fund Study and will disclose any lawsuit involving the corporation. 

The purpose of status certificates is to allow potential buyers of condo units to have as much information as possible about their unit as well as the physical and fiscal situation of a building.  Owners can purchase Status Certificates from Royale Grande (the standard cost is $100) or online through Conduit (for a slightly higher fee) through their website https://www.statuscertificate.com/

STORAGE

There is a small storage room for the use of residents on the B2 level. The room is at the lower level of the garage and flooding is a (remote) possibility. It is kept locked and, as access can be obtained only through the Superintendent, it is not suitable for short-term storage. Large items cannot be kept in this room and space is limited. The room is primarily used to store bulky items such as winter tires, seasonal decorations and larger suitcases. The Corporation accepts no responsibility for items left there and reserves the right to limit the amount of material stored by any Unit. 

SUPERINTENDENT

MTCC 573 employs a full-time resident Superintendent; he is on-duty during the day (9-5)  on Mondays, Tuesdays, Thursdays and Fridays and for half-days on Wednesdays and alternate Saturdays and Sundays. He will respond to emergencies at any time if he is in the building.

A relief Superintendent is employed to give more limited coverage when the Superintendent is on vacation and on the weekends on which he is not on duty. 

Among other things, the Superintendent is responsible for: 

Ø  Overseeing the operation and maintenance of all the building’s mechanical devices such as boilers, pumps, elevators, garbage compactor, etc.

Ø  Overseeing building security and ensuring that our Rules are enforced

Ø  Supervising the operation and maintenance of the recreational facilities, the lounge, the garage, etc.

Ø  Cleaning of common areas, elevators, lobby, lounge, garage, corridors etc.

Ø  Disposing of garbage and recycling from the common areas 

The Superintendent is not responsible for: 

Ø  Any repairs or maintenance within individual Units

Ø  Any maintenance or cleaning of "exclusive use" common areas such as assigned parking spots 

The Superintendent, who is supervised by the Property Manager, lives on-site (in Unit 205) to better serve the needs of the residents of New Town of York.

SWIMMING POOL See: RECREATION FACILITIES

TELEPHONES

Telephones in Units are, of course, an owner responsibility but they are connected to the Enterphone system that is used to open the front door to visitors.  

It should be noted that you do NOT require a landline telephone line to use the Enterphone.

Even if you rely on a cell or internet phone for your telephone service the Enterphone system should work if a telephone instrument is plugged into one of your in-Unit phone jacks. (In some cases only the jacks in the kitchen and/or master bedrooms.) See also ENTERPHONE.

TENANTS, GUESTS and VISITORS

Owners are reminded that under our Rules you may only rent out your Unit – furnished or unfurnished - if there is a written lease and if the initial lease is for at least one-year. (See: Rules).

Once a Unit is rented, the owner must give their tenants copies of our Rules and other documents concerning our building and must complete a Rental of Unit Form. The tenants must complete a Tenant Information Form and, once these two forms are received by the Superintendent, the tenant(s) are added to our various email lists for material sent to all residents, to the building directory and to the lists we maintain of all residents for use by the emergency services.

All residents whose names have been reported to the Property Manager have full used of all our facilities such as the lounge, swimming pool, deck and BBQ.

If a unit is rented, the Unit owner remains fully responsible for paying the monthly maintenance fees to the Corporation and, should a tenant cause damage to the common elements, any repair charges will be sent to the Unit owner for payment.

Sometimes owners will have visitors or house-guests or will lend their Units to friends for short periods and it is important to remember that our recreation facilities are only available to permanent (registered) residents and accompanied visitors or guests. Under our Rules and our insurance, guests and visitors may only use the lounge, deck, BBQ and recreation facilities if accompanied by a resident. If you intend to allow friends to use your Unit while you are away it is very important that you inform the Superintendent so that he, our Security Service and, if necessary, the emergency services are aware of who is living in the building. The owner remains fully responsible for ensuring that their visitors and guests know and obey our Rules and procedures. If a visitor or guest breaks our Rules or does not follow our procedures for things such as garbage and recycling the Corporation can take action against the Unit owner and the cost of repairs of any damage caused to the common elements by a guest or visitor will be charged to the Unit owner.

VISITORS PARKING See:  PARKING

WATER SHUT-OFFS See also:  LEAKS

In most Units, water shut-off valves can be found, within the walls, under the kitchen sink, beneath the bathroom vanities and in the laundry room. Should these valves leak immediately contact the Superintendent or the Property Manager. The maintenance of these in-wall valves is the Corporation’s responsibility and the Corporation inspects them periodically to ensure they are working properly. If you are doing renovations it is important to ensure that any access hatches to these common-element shut-offs within your Unit are not blocked. All plumbing problems on the "Unit side" of these shut-off valves are the responsibility of the Unit owner.

As a further protection, each faucet and toilet tank normally has a separate shut-off valve. The maintenance of these valves (which are on the Unit side of the Unit shut-off valves), including the replacement of defective washers, cartridges etc. is the responsibility of the Unit owners. Please repair any leaking appliances or faucets promptly to avoid wasting water or annoying your neighbours with "singing" pipes.

As plumbing is inter-connected, the Superintendent should be contacted prior to any plumbing work being done.  Only licenced plumbers may be used.

WEBSITE

The New Town of York has a website which is hosted on the free Google Sites service.  As these Google Sites URLs are complicated we have our own (easier to remember) URL www.mtcc573.ca  

WHEELCHAIR

Thanks to a donation from a resident, the Corporation has  a wheelchair.  It can be borrowed (from the Superintendent), for short-term use only.

WINDOW CLEANING

The Corporation arranges to have the exterior of all inaccessible windows cleaned twice a year. Advance notice is given to residents so that they can remove window screens.

There are stops on all windows to prevent the windows from being fully opened. These devices are in accordance with the municipal regulations and should not be removed. These locks limit the opening of the windows and are installed to prevent children from falling through an open window.

WINDOW REPLACEMENT

Our Corporation is rather unusual (though not unique) in that, under our Article VII of our Declaration, replacement and repair of the Unit windows is the responsibility of the Unit owner. 

In 2004/05 the then Board sought legal advice and we continue to operate under a 2005 legal opinion from Gardner Miller Arnold  - linked to on the Useful Documents page of this website - which states that ‘windows’ means both glass and frames. Due to this, funds have not been collected in our Reserve Fund for the repair or replacement of Unit windows.  Replacing window glass as seals fail or glass breaks is a simple procedure that can easily be done from inside a Unit. As window panes are not standard sizes they must be made individually and there are really no ‘bulk purchase’ opportunities; window glass replacement by owners has worked fairly well. Replacing window frames is a much more complicated project involving working from a swing-stage and, because replacing a window frame would also mean ‘interfering with’ the common-elements brickwork to which the frames are fastened, could only be done after the Unit owner and the Corporation have signed an agreement under s. 98 of the Condominium Act. These agreements are required under the Act and are prepared at the Unit owner’s expense.

Though it will certainly be approved, if you are replacing window glass you must complete an Alteration - Renovation Agreement and you will need to reserve the elevator (to prevent damage.) It is also important to ensure that you and your contractor are fully covered by insurance should glass fall onto the decks or onto the streets. If work is occurring over the 2nd floor deck or over the exclusive use common elements deck outside Unit 303 signs must be posted and/or the owners warned and any debris that falls must be picked up.

All Units here have a mixture of fixed sealed-pane windows ('double-glazed') and ‘sliders’. The seals in the sealed-pane windows will, eventually, fail and – often when it is very hot or very cold - you will start to see condensation building up between the two panes of glass. When the seal is broken the insulation value of the sealed-pane is compromised and it is normally a good idea to have the sealed-pane replaced. This can be done from inside your Unit. Newer sealed-pane windows probably have a higher insulation value than older ones but we doubt that it is worthwhile replacing older ones that are still intact, unless you are already replacing other windows - when it may be cost-effective to replace all of them at one time.

We also all have ‘sliders’ – these are single panes of glass in frames, three of which in each window can be removed for cleaning, one is fixed. The problem with these is that over time the weather-stripping around each slider will deteriorate and will not be effective – you will get draughts.

The wheels can also fail and make it hard to actually slide the windows. It is possible to have the weather-stripping and wheels replaced but, apparently, the style of weather-stripping used in our original sliders is no longer available and most window companies recommend replacing the whole of the slider (both glass and frame). This is a very simple and comparatively cheap thing to do, also from inside your Unit. Owners who have done this report considerable savings in Hydro costs.

Many owners at New Town of York have changed both sealed panes and sliders. The Corporation had the caulking between the frames and the external brickwork replaced a few years ago. The frames are described as "aluminum windows with steel reinforcement and vinyl stops' and, to date, nobody has tried to replace them. 

In 2016 and early 2017 the Board discussed the ‘window situation” with the Corporation’s lawyers and it is being resolved in the following manner:

When it becomes necessary to install new unit window frames at MTCC 573 the Corporation will assume the full cost and will then assume the ongoing responsibility for the repair and maintenance of external unit windows – both frames and glass. (Based on an opinion from the Corporation’s engineers, Brown & Beattie, it is estimated that this project will occur in 2026/2027.)

So that the Corporation will have enough money in hand to pay for this project without levying a large Special Assessment and to allow the cost to be spread over as many years as possible, the Corporation budgeted and started collecting additional funds from unit owners beginning in the 2017-2018 fiscal year. These monies will simply form part of the owners’ monthly common expenses and will be remitted to the Reserve Fund, which will be used to pay for unit window glass and frame replacement. This work is estimated to take place in 2026/2027.

In fall 2017, we will commission Brown & Beattie to carry out a full Reserve Fund Study – bringing this forward from 2018. This study will include the cost of the replacement of all window glass and frames. This timing will allow us to use this updated Reserve Fund Study and Contribution Schedule when we set the budget for 2018/2019.

Until new unit window frames are installed (by the Corporation) we will continue to operate based on the 2005 legal opinion from Gardiner Miller Arnold. Unit owners will remain responsible for the maintenance of windows (both frames and glass) until that time.

Once the revisions to the Condominium Act and the associated Regulations are known and evaluated, the Board will discuss the matter further with the Corporations’ current lawyers, Lash Condo Law, and may then make an application to the Ontario Superior Court of Justice to amend the Declaration to correct an error or inconsistency.       


 (This 1872 advertisement is from: Ontario History Quest: Digital Collections.)

In 1867 William Davies built a two storey brick building at the corner of Frederick Street and Palace (now Front) Street and established the first large meat packing house in Toronto. J & J Taylor Safeworks purchased the building in 1871.  The 1883 extension to the original building was designed by William Wallace Blair (1852-1916) who was an Irish architect trained at the Academical Institute in Belfast. (See: http://www.mhs.mb.ca/docs/people/blair_ww.shtml

The J & J Taylor Company - also known as the Toronto Safe Works - occupied the building which still stands immediately to the east of the New Town of York, until about 1960. They were the first company to manufacture safes in Canada.  

The company was described in the 1886 book Industry in Canada as: "
J. & J. Taylor, Manufacturers of Fire and Burglar Proof Safes, Bank Vaults, etc., corner of Front and Frederick Streets. Established 1855. For many years there was a hand to hand struggle between science and roguery, and very frequently roguery won the contest. As the safe manufacturer improved in his methods the burglar improved in his also, but like all similar contests, science at last triumphed and the burglar has been defeated. The safes made by J. & J. Taylor, the Toronto Safe Works, have withstood the attacks of burglars for over 30 years, a record unequalled by any other safe manufacturing concern in the country. The Toronto Safe Works were founded in 1855 by Messrs. J. & J. Taylor, and are now located at the corner of Front and Frederick Streets." 

In 2009 the City named the Lane behind our building Taylor's Wharf Lane.  Though this wharf was used by the Taylor Safe Works, the wharf was actually named for (the unrelated) Captain Archibald Taylor, a ship-owner who operated a lumber yard close to the site of our building in the period 1840-1855.


NOTE:  The pdf version of this A-Z below is not always completely up to date,  minor edits are made from time to time
and the pdf is not re-created each time.
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MTCC 573,
28 Jan 2017, 06:53