Declaration 03 - Common Elements
Ill COMMON ELEMENTS
1. Use of Common Elements
Subject to the provisions of the Act, this declaration and the by-laws, and any rules and regulations passed pursuant thereto, each owner has the full use, occupancy and enjoyment of the whole or any part of the common elements, save as herein otherwise provided.
2. Exclusive Common Elements
Subject to the provisions of the Act, this declaration, the by-laws and the rules and regulations passed pursuant thereto, the owner of certain units shall have the exclusive use of those parts of the common elements as set out in Schedule "F" attached hereto.
3. Restrictive Access
Without the consent in writing of the board, no owner other than the Declarant, its successors and assigns, and any subsequent owner(s) of the commercial unit, shall have any right of access to those parts of the common elements used from time to time as a dwelling for any building superintendent, utilities areas, building maintenance or storage areas, managers offices, operating machinery or used for commercial purposes, or any other parts of the common elements used for the care, maintenance or operation of the property, and to those parts of the common elements leased, licenced or otherwise permitted to be used for recreational, commercial, or laundry facilities, except in accordance with the terms of the lease, licence agreement or other agreement. Provided however, that this paragraph shall not apply to any first mortgagee holding mortgages on at least ten per cent (10%) of the units who shall have a right of access for inspection upon 48 hours notice to the building manager. This paragraph shall not apply to the building manager, who shall have such access to such common elements as the manager may, in its sole discretion, require.
Provided however that the Declarant, its successors and assigns and any subsequent owner(s), tenants, and sub-tenants, from time to time of the unit for commercial purposes and their servants, agents, employees, shippers, truckers, distributors, suppliers, refuse collectors, and all persons dealing with them in the course of business shall be permitted unrestricted access at all reasonable times for themselves and their vehicles for off-street loading and unloading and delivery.
Provided further that those parts of the common elements comprising the travelled passageways for persons and vehicles to and within the parking facilities shall be for the use, subject to the Act, this declaration, and the by-laws, and any rules and regulations pursuant thereto, of the owners having the exclusive use of their respective parking spaces and shall be subject to rights-of-way in favour of others from time to time similarly entitled.
Provided further that the common elements shall be subject to a right-of-way in favour of all those entitled thereto, for pedestrian purposes, having a width of approximately fourteen (14') feet, as more particularly described in Schedule "A".
4. (a) The Corporation may by a vote of owners, who own eighty per cent (80%) of the units, make any substantial additions, alterations or improvements to, or renovation of the common elements, or make any substantial change in the assets of the Corporation.
(b) The Corporation may, by a vote of the majority of the members, make any other addition, alteration or improvement to, or renovation of the common elements, or may make any other change in the assets of the Corporation.
(c) For the purposes of this clause, the board shall decide whether any addition, alteration, or improvement to, or renovation of the common elements, or any change in the assets of the Corporation is substantial.