RULES

A. DEFINITIONS AND INTERPRETATION

“Act” means the Condominium Act, 1998, S.O. 1998, c.19 and all regulations thereunder and any amendments to said Act and regulations and any successor legislation;

“Board of Directors” or “Board” means the Board of Directors of MTCC 573;

“Guest” means a person who is invited to visit or stay temporarily in a residential unit;

“Motor Vehicle” means a motor bicycle or motor scooter or a private passenger automobile or a station wagon, or a one-half ton pick-up or a three-quarter ton van, except where by reason of size or shape such vehicle is unable to easily and safely enter the underground parking garage;

“Occupant” means any tenant or occupant of the commercial unit and includes the employees of such tenant or occupant;

“Owner” means “owner” as defined in the Act;

“Property Manager” or “Property Management” or “Manager” or “Management” means the individual or company appointed by the Corporation to manage the property and assets of the Corporation, or any agent or employee thereof;

“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;

“Tenant” means a person or entity who leases, rents, or licenses a residential unit from an Owner;

Unless otherwise specified, the terms used herein shall have ascribed the definitions contained in the Act or the Corporation‘s Declaration or By-Laws.

These Rules shall be read with all changes in gender and number required by the context. The headings and Rule numbers in these Rules form no part of the Rules and have been inserted for convenience of reference only.

For the purposes of these Rules only, “residential unit” shall also include the common element area described as the “superintendent suite”.

B. GENERAL

1. Use of the common elements and units shall be subject to these Rules and any additional Rules which the Board may make from time to time to promote the safety, security and welfare of the Owners, and of the property and assets of the Corporation or for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements, units and assets of the Corporation.

2. The Board shall have authority to pass additional Rules and/or guidelines applicable to any specific common element area or applicable to all common element areas and, in particular, and without limiting the generality of the foregoing, with respect to the various recreation facilities or amenity areas and with respect to garbage rooms and chutes and elevators. Upon such Rules or guidelines being posted in any specific area or made available to Owners, Tenants, Residents and Occupants same shall have the force and effect of these Rules and may be enforced accordingly.

3. Each Owner, Tenant, Resident and Occupant of the Corporation shall be responsible for the acts and/or omissions of their respective family members, Tenants, Occupants, Guests, licensees, customers, employees and agents.

4. Each Owner, Tenant and Occupant of the Corporation shall promptly provide the Manager with a completed and/or updated Owner Information Form and/or Tenant Information Form as authorized by the Board from time to time.

5. Any losses, costs or damages incurred by the Corporation (including, without limitation, legal costs) by reason of a breach of the Act, or the Declaration, By-laws and Rules or by reason of any litigation against the Corporation without obtaining a judgment against the Corporation, by any Owner, Tenant, Resident and/or Occupant, or by the respective family members, Tenants, Guests, customers, employees or agents of the Owner, Tenant, Resident and/or Occupant or any of the foregoing shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

6. No one shall do or permit anything to be done in a unit, or bring or keep anything therein which will in any way increase the risk of fire or the insurance premiums on the building, or on property kept therein, and no one shall do or permit anything to be done in a unit or obstruct or interfere with the rights of other Owners, Tenants, Residents and/or Occupants, or in any way injure or annoy them, or conflict with the regulations of the Toronto Fire Services, or with any insurance policy carried by the Corporation or conflict with any of the rules and ordinances of the Toronto Board of Health, or with any municipal by-law or any provincial or federal statute or regulation.

7. No one shall fail to comply with the fire procedures available on the Corporation’s website and/or posted in the building.

8. No one shall injure, harass, threaten, annoy, or initiate any defamatory, threatening, hateful or discriminatory statement or action, or participate in any illegal activity or harmful conduct toward any Owner, Tenant, Resident, Occupant, Board member, Manager, employee of the Corporation or contractor retained by the Corporation. Harassment consists of any verbal or written statement, action, or behaviour which is intimidating, threatening, violent or which causes physical or psychological harm, fear, humiliation or embarrassment, objectively determined on a reasonable basis, including any statement, action or behaviour which a person knows or reasonably ought to know would be unwelcomed and offensive, including, without limitation, any verbal abuse, insulting comment, joke, gesture, conduct or touching or which would constitute workplace harassment or sexual harassment as set out in the Ontario Human Rights Code.

9. All Owners, Tenants, Residents and Occupants shall comply with the Corporation’s Workplace Violence, Harassment and Discrimination Policy, which may be amended or modified from time to time by the Board.

10. No one shall use, store, or permit the prolonged storage of garbage or degradable matter, an accumulation of excessive paper or any item in any unit or on any exclusive use common elements which may, in the sole and absolute discretion of the Board, overload the structure or constitute a fire, health or safety hazard (the “Hazard”). If an Owner and/or Tenant and/or Resident and/or Occupant creates a Hazard and does not rectify and/or remedy the Hazard to a standard that is approved by the Board within a reasonable time, then the Corporation shall be permitted to enter the unit and/or exclusive use common elements appurtenant to the unit upon reasonable notice (or forthwith, in the case of an emergency) and rectify and/or remedy the Hazard. In such event, the Owner shall reimburse the Corporation in full for the costs of rectifying and/or remedying the Hazard including, but not limited to, any clean-up costs and legal costs and same shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

11. With the exception of water in unbreakable containers, no food or drink may be consumed in any part of the common elements except in the Lounge and on the adjacent deck on the second floor and on the exclusive use common elements deck on the third floor.

12. No alcoholic beverages shall be consumed anywhere on the common elements except that, if otherwise permitted by law and in accordance with the law, alcoholic beverages may be consumed in the Lounge and on the adjacent deck on the second floor and on the exclusive use common elements deck on the third floor.

13. No one shall interfere with, hinder or impede the Board or the Manager or any employee or contractor of the Corporation from carrying out the Corporation’s duties and obligations under the Act, the Declaration, the By-laws or Rules of the Corporation, or any agreement to which the Corporation is a party.

14. No one shall, upon reasonable notice, deny the Corporation or any person authorized by the Corporation entry to their unit or a part of the common elements of which an owner has exclusive use to perform the objects and duties of the Corporation or to exercise the powers of the Corporation.

15. Nothing shall be moved over or through the common elements so as to mark or damage them.

16. No personal property may be left anywhere on the common elements except on exclusive use common elements.

17. No one shall harm, mutilate, destroy, alter or litter any of the common elements.

18. No one shall loiter on any part of the common elements.

19. Boisterous or anti-social behaviour of any sort, including, but not limited to, yelling, running or rowdyism and other forms of general misconduct or rude or disruptive behaviour, are not permitted within the common elements. Any non-resident who commits same may be ejected from the building by the Property Manager, superintendent, director and/or security personnel. Any authorized agent of the Corporation has the unfettered discretion to determine what constitutes “boisterous or anti-social behaviour.”

20. No one shall fail to promptly report to the superintendent any spills or undue untidiness in the common elements.

 21. The Corporation and its officers and directors, Management and employees of the Corporation are not responsible for loss or damage to any personal property or for personal injury to Owners, Tenants, Residents, Occupants or Guests, however caused.

22. Complaints or information with respect to the general maintenance, safety or security of the building shall be communicated to the superintendent.

23. Significant complaints or suggestions concerning the operation of the building shall be submitted in writing to the Property Manager or the President of the Corporation.

C. QUIET ENJOYMENT

1. No one shall create or permit the creation or continuation of any noise, odour or other nuisance which, in the opinion of the Board or the Manager, does or may disturb, annoy or interfere with the comfort or quiet enjoyment of the units or common elements by other Owners, Tenants, Residents and/or Occupants. No one shall obstruct or interfere with the rights of any Owner.

2. No noise (including music from an instrument or other source) which is an annoyance, nuisance or disruption to other Owners, Tenants, Residents and/or Occupants shall be permitted to be transmitted from one unit to another or to the common elements. If the Board determines that any noise is being transmitted to another unit or the common elements and that such noise is or may be an annoyance or a nuisance or disruptive, then the Owner, Tenant, Resident and/or Occupant of such unit shall at their expense take such steps as shall be necessary to abate such noise to the satisfaction of the Board. If the Owner, Tenant, Resident and/or Occupant of such unit fails to abate the noise, the Board may take such steps as it deems necessary to abate the noise and costs shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

3. No odour (including second-hand smoke) which is an annoyance, nuisance or disruption to other Owners, Tenants, Residents and/or Occupants shall be permitted to be transmitted from one unit to another or to the common elements. If the Board determines that any odour is being transmitted to another unit or the common elements and that such odour is or may be an annoyance or a nuisance or disruptive, then the Owner, Tenant, Resident and/or Occupant of such unit shall at their expense take such steps as shall be necessary to abate such odour to the satisfaction of the Board. If the Owner, Tenant, Resident and/or Occupant of such unit fails to abate the odour, the Board may take such steps as it deems necessary to abate the odour and the costs shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

4. No solicitation, canvassing or delivery of flyers is allowed in the building except for the distribution of election materials by candidates and their authorized representatives for election to the House of Commons, legislative assembly or an office in municipal government or school board, or by candidates who have been nominated to run for election to the Corporation’s Board.

5. Any repairs and/or renovations to units or exclusive use common elements are permitted only during the hours of 9:00 a.m. to 6:00 p.m. Monday to Saturday (excluding public holidays), except in the event of an emergency, in which case the Owner, Tenant, Resident or Occupant must notify the superintendent or Property Manager as soon as practical in the circumstances.

D. UNITS and COMMON ELEMENTS

1. Each unit shall be occupied for such purposes as provided in the Corporation’s Declaration, By-Laws and these Rules and in accordance with all municipal by-laws. No commercial use shall be permitted in or with respect to any residential unit, including, without limitation, the carrying on of a business or the operation of a business or professional office.

2. Each residential unit shall be occupied and used only as a private single family residence and for no other purpose.

3. No immoral, improper, offensive or unlawful use shall be made of any unit, the common elements or any other part of the Corporation’s property. All federal and provincial laws and regulations, municipal by-laws and other ordinances, and all rules, regulations and codes of all quasi-governmental authorities having jurisdiction shall be strictly observed and complied with.

4. The filming of any movie for commercial purposes in any unit or on the common elements is prohibited except in accordance with the Corporation’s Filming Policy (which may be amended or modified from time to time by the Board) and when authorized by the prior written consent of the Board.

5. No one shall permit an infestation of pests, insects, vermin or rodents to exist at any time in their unit or adjacent common elements. Owners, Tenants, Residents and/or Occupants shall immediately report to the Manager or superintendent all incidents of pests, insects, vermin or rodents and shall fully cooperate with the Manager and superintendent to provide access to each unit for the purpose of inspecting the unit to ascertain the presence of any pests, insects, vermin or rodents and conducting a spraying program or any other program to eliminate any pests, insects, vermin or rodents within the building. Residents and Occupants shall prepare the unit in accordance with instructions provided by Management to facilitate the pest elimination in the unit. If the Corporation makes a charge for this service, the costs shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

6. No awnings, screens, enclosures or structures whatsoever shall be erected over or outside of any window of a residential unit, or on any part of the common elements without the prior written consent of the Board.

7. With respect to any residential unit window, no materials other than drapes, blinds, or shutters shall be erected on the inside thereof and no materials shall be utilized on the outside of such window to prevent the passage of light or for any other reason.

8. No sign, advertisement or notice shall be inscribed, painted, affixed or placed on any part of the inside or outside of the building or common elements whatsoever without the prior written consent of the Board, unless otherwise permitted in the Declaration.

9. No one shall be entitled to post signs or notices anywhere on the property. No one shall use the Corporation’s bulletin boards except for the posting of information concerning Resident activities or other Resident information.

10. No television or cellular antenna, aerial, satellite dish, tower or similar structure and similar appurtenances thereto shall be erected on or fastened to any unit or to any exclusive use common element appurtenant to a unit, or any other part of the common elements except when authorized by the prior written consent of the Board.

11. No articles, fixtures or doormats shall be placed in the common elements at the entrance door of a residential unit.

12. No items may be attached to the door frame or exterior of the entrance door to a residential unit other than a reasonably sized door-knocker and/or seasonal decoration.

13. 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.

14. No change to the exterior of the entrance door to a residential unit shall be made without the prior written consent of the Board.

15. Without the prior written consent of the Board (or unless otherwise authorised in these Rules) no one shall obstruct or permit the obstruction of the common elements or place or leave, or permit anything to be placed or left, in any part of the common elements.

16. No major electrical appliances, except a stove, refrigerator, washing machine, clothes dryer, dishwasher and other common household electrical appliances shall be installed or used in any residential unit without the prior written consent of the Board.

17. Garburators (garbage grinding devices) shall not be installed in any unit.

18. The Owner of a unit shall be responsible for any costs incurred to repair damage to the unit or the common elements that may have been caused by the Owner or Tenant, Resident and/or Occupant of the Owner’s unit, or any person, Guest, contractor, thing or animal for whom or for which the Owner, Tenant, Resident and/or Occupant is responsible, howsoever caused. Such costs shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

19. All persons shall wear appropriate attire when on any part of the common elements.

20. Smoking (including e-cigarettes) is not permitted on any part of the common elements.

21. No auction sales or events to which the general public is invited shall be allowed in any residential unit or on any part of the common elements.

22. Firecrackers or other fireworks are not permitted in any unit or on any part of the common elements.

23. No building, structure or tent shall be erected, placed, located, kept or maintained on any part of the common elements, and no trailer, either with or without living, sleeping or eating accommodations, shall be placed, located, kept or maintained on any part of the common elements.

24. Nothing, including mops, brooms, dusters, rugs or bedding, shall be shaken or beaten from any window, door or deck.

25. Residents may store a limited quantity of items in the locked storage room on the B2 level by discussing their needs with the superintendent. Space in this room is limited, large items cannot be accommodated and the room is not designed for short-term storage. The Corporation takes no responsibility for items left in this room.

26. With respect to decks, no one shall, without the prior written permission of the Board:

• • • a. hang or dry clothes

    • b. install any lights (including, but not limited to, seasonal decorations);

    • c. install any rail/wall mounted or hanging planters;

    • d. store any materials or other items except for seasonal furniture and planters.

27. All items on decks shall be placed and/or safely secured in order to prevent such items from damaging the common elements or being blown off the deck by high winds.

28.  All assigned exclusive use common element areas shall be maintained in a clean and tidy condition by the Owner of the appropriate residential unit.

29. No one shall grow, cultivate, propagate or harvest any cannabis plants on any part of the property, including, units, common elements and exclusive use common elements.

30.  No one shall distribute, sell, offer for sale or expose for sale cannabis on the Corporation’s property.

E. SECURITY

1. All suspicious persons or activity in the building or on the property, or incidents of unauthorized entry to the building or to a unit or any emergency concerning any elevator or any situation otherwise affecting the safety and security of the building and its Owners, Tenants, Residents and Occupants, must be reported immediately to the superintendent or Manager. If appropriate 911 should also be contacted.

2. No one may change or re-key the lock on their unit entry door or add a lock or locks to such door without forthwith providing to the superintendent a key to each new or re-keyed lock.

3. The Board shall have the authority from time to time to set the number of building access fobs, keys and garage openers that each residential unit Owner and/or Tenant can purchase and set policies (including fees) regarding replacement of such access fobs, keys and garage openers.

4. No one shall fail to ensure that any door to the building is firmly locked after use.

5. The loss of a building access fob or automatic garage door opener must be promptly reported to the superintendent so that it can be deactivated.

6. No one shall admit any Guests, visitors or tradespeople to the building unless such Guests, visitors or tradespeople are known to such person, or are on business with or making a delivery to such person.

F. SAFETY

1. No stores of combustible or offensive goods, provisions or materials shall be kept in the building or on the property.

2. No one shall overload existing electrical circuits in their units. No one shall alter in any way the amperage of the existing circuit breakers in any unit.

3. No propane tanks or equipment are permitted in the building or on the property.

4. Water shall not be left running unless in actual use.

5. The toilets, sinks, showers, bath tubs and other parts of the plumbing system shall not be used for purposes other than those for which they are constructed, and no sweepings, garbage, rubbish, rags, oils/cooking oils or other substances shall be thrown therein. The cost of repairing any damage (whether to the unit, the common elements or any other unit) resulting from misuse or from unusual or unreasonable use shall be borne by the Owner of the unit in which the plumbing system was misused or used unusually or unreasonably. Such costs shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

6. Nothing shall be thrown out of the windows or doors of the building, or from any of the decks.

7. As necessary, each Owner shall install, maintain and repair a smoke or similar fire detection device and a carbon monoxide detection device in their unit.

8. It is absolutely forbidden to interfere with or disable any of the fire-fighting or detection equipment including the smoke, carbon monoxide or heat detectors or the fire alarms or fire hoses.

9. As necessary, lint traps in clothes dryers and in the dryer exhaust ducts in residential units must be cleaned by Owners, Tenants and/or Residents.

10. All washing machines must be connected to steel braided hoses.

11. The Owner of any unit that has a fireplace that is able to burn combustible material must provide the Property Manager with an annual certificate from a Wood Energy Technology Transfer (WETT) or equivalent certified inspector confirming that the fireplace, flue and associated equipment are safe.

G. ELEVATORS, MOVING and DELIVERIES

1. All residential Owners, Tenants and/or Residents shall enter into the Corporation’s form of Elevator Reservation and Agreement prior to moving furniture, equipment, renovation material and/or any other large items into or out of the building or from floor to floor. Elevators may be reserved only between the hours of 9:00 a.m. to 5:00 p.m. and reservations are not allowed on Public Holidays.

2. Furniture, equipment, renovation material and/or any other large items shall be moved into or out of the building and from floor to floor only by the elevator designated for such purpose by the superintendent (the “service elevator”).

3. If requested by the person making the elevator reservation or required by the superintendent in his or her sole and absolute discretion, the service elevator shall be padded for protection.

4. It shall be the responsibility of the Owner, Tenant or Resident reserving the service elevator to notify the superintendent and to request an inspection of the service elevator and adjacent common elements immediately prior to using the elevator. Upon completion of any elevator reservation period the superintendent will inspect the service elevator and adjacent common elements; any damage noted during this inspection (unless noted on the initial inspection) shall be deemed to be the responsibility of the Owner of the unit which reserved the service elevator and shall be borne and paid for by such Owner and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

5. No parts of the common elements shall be obstructed prior to, during or after the term of the elevator reservation. All furniture, boxes, construction material etc. shall be taken directly from the service elevator to the unit or from the unit to the service elevator.

H. ALTERATIONS AND RENOVATIONS

1. Unless otherwise authorized in the Declaration, no one shall make any major plumbing, electrical, mechanical or structural installation or carry out any change, addition, alteration or improvement (i.e. renovation) to any part of the common elements or any structural change in a unit, including, without limiting the generality of the foregoing, to any boundary wall, load bearing wall, floor, ceiling, door, window, toilet, shower, bathtub, washbasin, sink, heating, air-conditioning, plumbing, electrical, mechanical, structural or telecommunication installations, except in compliance with the Declaration and unless the Owner has received the prior written consent of the Board and entered into an  Alteration/Renovation Request and Agreement, as provided by the Board from time to time.

2. When a hard surface floor finish is to be installed, the Owner must ensure that a sound attenuation barrier of at least Impact Insulation Class rating FIIC60 is installed. Inspection(s) must be arranged with the superintendent to verify that this material will be and has been laid. Failure to install sufficient sound-proofing could result in the Board subsequently requiring the Owner to remove the new flooring at the Owner’s sole expense.

3. All electrical work must be performed by a licensed electrician. All plumbing work must be performed by a licensed plumber. All drain work for new plumbing fixtures must be installed above the surface of the concrete floor slab. If exhaust vents are being moved this work must meet all provincial and municipal requirements. Unit shut-off plumbing valves may only be changed by the Corporation’s plumbers.

4. The Owner is responsible for the speedy removal from the building of all construction debris resulting from alterations or renovations to their unit or to those parts of the common elements which the Owner has a duty to maintain.

5. In the event any construction lien is filed as a result of such construction work, the Owner is responsible to forthwith arrange and obtain the removal from title of any such construction lien registered against the common elements of the Corporation.

I. GARBAGE, RECYCLING AND ORGANIC WASTE

1. Residents shall comply with the guidelines concerning the garbage chute and the disposal of household garbage, recycling, organic waste etc. as may be created from time to time by the Board and posted or otherwise notified to Residents.

2. No one shall place, leave or permit to be placed or left in or upon the common elements including those of which such Owner has the exclusive use, except in such areas hereinafter mentioned, any debris, refuse or garbage.

3. Nothing shall be placed in the garbage chute which may result in the blockage of the chute.

4. All household refuse and garbage, except the materials hereinafter mentioned, shall be placed (in properly sealed bags) into the garbage chute in the garbage rooms located on each residential floor.

5. All material that is accepted for recycling or composting shall be taken to and placed in the appropriate bins.

6. Items, including furniture, mattresses and Christmas trees, that are not accepted for recycling or composting and/or are too large to fit into the garbage chute shall only be disposed of after consultation with the superintendent. Material resulting from renovations or alterations must be disposed of by the Owner and must not be placed in any of the Corporation’s bins or chutes.

7. The Owners and Occupants of the commercial unit are responsible to make their own arrangements, at their own expense, for the storage, collection and removal of their garbage, recycling and organic waste.

J. TENANCIES

1. All tenancies shall be in writing and no unit shall be occupied under a lease unless, prior to the Tenant being permitted to occupy the unit, the Property Manager or superintendent shall have received a fully completed Tenant Information Form and/or Rental of Unit Form as authorized by the Board from time to time.

2. A lease or tenancy shall be for an initial term of not less than twelve (12) months except that a lease may be for an initial term of less than one year when, upon the expiration of the term, it is the bona fide intention of the owner and tenant to promptly thereafter complete a sale and purchase of the unit.

3. No hotel, boarding or lodging house, transient use, time-sharing or dormitory use shall be permitted with respect to any unit.

4. Within ten (10) days of ceasing to lease a unit (or within ten (10) days of being advised that the Tenant has vacated or abandoned the unit, as the case may be), the Owner shall notify the Property Manager in writing that the unit is no longer leased.

5. During the period of occupancy of a residential unit by a Tenant, the Owner (herein after called “the absentee Owner”) shall have no right of use of any part of the common elements (including the garage, recreation facilities and amenities).

6. An absentee Owner shall, however, be permitted entry to the common element areas of the building for the purposes of attendance at formal or informal Owners’ meetings or in order to attend at the residential unit itself in order to deal with their Tenant in matters concerning the tenancy or occupancy of the residential unit.

7. The absentee Owner shall supply to the Property Manager the Owner’s current address, email address and telephone number during the period of occupancy by a Tenant.

8. All Owners shall be responsible for any damage or additional maintenance to the common elements caused by their Tenants, Residents or Occupants and all costs of enforcing the Act, Declaration, By-laws and Rules against their Tenants, Residents and/or Occupants. These and any costs incurred to defend unsuccessful litigation commenced by a Tenant, Resident or Occupant against the Corporation will be assessed and shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

9. Upon entering into a lease of any unit, the Owner shall provide their Tenant or Occupant with the Corporation’s Declaration, By-laws and Rules.

10. Where lease arrangements or rights to occupy a residential unit are with a corporation, partnership or other business entity, as Tenant, the Resident(s) are to be considered along with the corporate Tenant for purposes of these Rules, and a change in the Resident(s) residing in the unit shall be treated as a Tenant taking possession of the unit pursuant to a new lease or right to occupy that must be in compliance with these Rules.

K. PETS

1. No animal, livestock or fowl, other than a pet shall be kept or allowed in any residential unit. No pet that is deemed by the Board or Manager, in its absolute discretion, to be a nuisance shall be kept in any residential unit. The unit Owner shall, within two (2) weeks of receipt of a written notice from the Board or the Manager requesting the removal of such pet, permanently remove such pet from the property. No breeding of pets for sale shall be carried on, in or around any residential unit. This Rule shall not and does not apply to the commercial unit.

2. No such pet shall be allowed on the common elements except when traversing such common elements during ingress or egress from the building. In particular, pets are not allowed in the Lounge, on the adjacent deck or in any of the recreation facilities or amenities. While traversing the common elements pets must either be on a leash or be carried.

3. No exotic, nuisance or dangerous animals, as determined by the Board in its absolute discretion, shall be permitted within any unit or on the common elements.

4. No pet shall be permitted to damage or cause damage to the common elements. Any costs to remedy any damage to the common elements caused by a pet, including any damage caused by cleaning, chemicals or other such materials used in the attempt to remedy damage caused by a pet, will be the responsibility of the Owner in whose unit the pet resides and such costs shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

5. No one shall permit any animal to bark, howl or cause a noise or disturbance which disturbs the comfort or quiet enjoyment of the property by other Residents, Owners or Occupants.

6. With the exception of Guests or visitors who require a service animal, only Residents may bring pets onto or through the indoor common elements.

7. All complaints by Owners, Tenants, Residents, or Occupants regarding pets or animals must be submitted to the Property Manager in writing and be signed. A complaint should, if possible, include details of the nature of the complaint and sufficient information to identify the violator of these Rules.

8. No one shall keep in any residential unit, any tank or container for the purpose of keeping fish, of more than 50 gallons (230 litres) capacity, whether or not fish are kept in same.

9. Each pet owner is responsible for the actions and behavior of their pet. The Corporation is not responsible for any damages or injury caused by any pet or any claim related thereto.

10. No feeding of wild or feral animals or birds is permitted anywhere on the property.

L. GARAGE AND PARKING

1. Only Motor Vehicles as defined herein shall enter or use the underground parking garage.

2. Each Owner or Tenant shall provide the superintendent with the license number of the Motor Vehicle that will normally be parked in that unit’s assigned exclusive use common element parking space. The registry of such numbers shall be used only for the conduct of the Corporation’s business.

3. In addition to a Motor Vehicle, Residents may also leave a bicycle and/or a bundle buggy in their assigned exclusive use common element parking space. Nothing must extend beyond the area of such parking space, to be limited by the inside measurement of the walls and surrounding pillars.

4. No one shall park in a parking space assigned to another unit without the consent of that unit’s Owner.

5. Residents are not permitted to park in any Guest, visitor or contractor parking space.

6. No one (other than the Corporation) shall enclose, or cause or permit to be enclosed, any parking space in any manner whatsoever.

7. Parking is only allowed in the assigned exclusive use common element parking spaces and in the Guest, visitor and contractor parking spaces. No one may park on the driveways, ramps, loading dock or any other parts of the common elements without the permission of the superintendent.

8. Drivers shall turn on the vehicle’s headlights when entering or driving within the parking garage and no one shall fail to obey any posted traffic and parking signs and speed limits.

9. In the event of the mechanical breakdown of a Motor Vehicle, the owner or operator of such vehicle shall push the vehicle out of any right-of-way and notify the superintendent of the breakdown and shall remove the Motor Vehicle as soon as a tow truck can be obtained.

10. No washing or repairs, other than minor emergency repairs, shall be made to any Motor Vehicle anywhere on the property.

11. No one shall plug or cause to be plugged anything (including an electrical scooter, electrical vehicle or any in-car or block heater) into any common element electrical outlet without the prior written consent of the Board.

12. Residents may only loan, rent, lease or license their assigned exclusive use common element parking space to another Resident. No parking space may be loaned, rented or leased to a non-Resident except that a Resident shall be permitted to use their assigned exclusive use common element parking space for the Motor Vehicle of a Guest to their own or another residential unit.

13. No one shall place, leave, park or permit to be placed, left or parked in or upon any part of the common elements any Motor Vehicle that is not currently licenced or any Motor Vehicle which, in the opinion of the Board or the Manager, may pose a security or safety risk, either caused by its length of unattended stay, its physical condition or its potential to cause damage to the property.

14. Any Motor Vehicle and/or any other vehicle, equipment, thing or machinery which is improperly parked or left in the parking garage and/or is in breach of these Rules shall be tagged and/or towed or removed from the property at the sole cost and expense of the owner of the Motor Vehicle, equipment, thing or machinery, and the Corporation, its directors, officers, employees, agents and/or Management shall not be liable for any damages, costs or expenses caused to the Owner, or Resident or their Motor Vehicle, equipment, thing or machinery. Such costs shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

15. All parking spaces shall be subject to a right of access, over, along and upon the parking spaces at all times when necessary in favour of the Corporation, its servants, agents, and employees for the purposes of ingress and egress from mechanical, electrical and service areas and equipment and for garage cleaning and repair. Upon reasonable notice from the Corporation, Residents shall be required to move their Motor Vehicles.

16. Each assigned exclusive use common element parking space shall be maintained by the Owner of the appropriate residential unit in a clean and tidy condition, including the prompt elimination of oil and grease spills.

17. For safety reasons, propane fuelled vehicles are not permitted to park or be operated anywhere on the property.

18. No one shall permit any gasoline, oil or other harmful substance to escape onto the common elements.

19. Anyone using a Guest or visitor parking space during hours determined by the Board must display a completed parking permit on the front dashboard of their vehicle.

M. BICYCLES

1. Residents may store bicycles in the bicycle storage room on the B2 level but any person so doing does so at the sole risk of that person. Keys to this room can be purchased from the superintendent.

2. Residents may also place bicycles in their unit’s assigned exclusive use common element parking space but any person so doing does so at the sole risk of that person.

3. Any person entering or leaving the building with a bicycle shall do so by the garage ramp entrance only.

4. While any bicycle is in the common elements the person in control of such bicycle shall see to it that no damage is caused to the common elements or to any person.

N. RECREATION FACILITIES AND AMENITIES: GENERAL

1. Except as noted herein, the recreation facilities and amenities are for the sole use and enjoyment of Residents. Owners who do not reside in the Corporation (absentee Owners) shall be deemed and considered to be non-resident. Absentee Owners and Owners and Occupants of the commercial unit are prohibited from using the recreation facilities and amenities.

2. Guests to residential units may make use of the recreation facilities and amenities provided that they are accompanied at all times by the Resident being visited.

3. Residents and their Guests shall comply with these Rules and any guidelines concerning the recreation facilities and amenities as may be created from time to time by the Board and posted or otherwise notified to Residents.

4. The recreation facilities and the amenities (except when closed for the purpose of maintenance or repair) may be used only during the posted hours and under such conditions as determined from time to time by the Board.

5. No one shall use the recreation facilities or amenities or move through the building except when wearing appropriate attire.

6. The Property Manager, security, superintendent or any director or officer of the Corporation may request proof of identity from individuals using the recreation facilities and amenities.

 7. The Property Manager, security or superintendent may immediately remove from the recreation facilities and amenities any person who fails to comply with these Rules or guidelines.

8. All of the recreation facilities and amenities are unsupervised and used at the individual’s risk. The Corporation and its officers and directors, Property Management and the employees of the Corporation are not responsible for lost, stolen or damaged personal property or for any injury, illness, accident or death, howsoever caused.

9. Owners and Residents are fully liable for any damages caused in or to the recreation facilities or amenities by the Owner or the Residents of the Owner’s unit or the Resident’s Guests. The cost of cleaning, replacement, repairs or refinishing as determined by the Property Manager, in their sole discretion, may be recovered from the Owner of the unit in which the Resident resides or which the Guest was visiting and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

10. Music playing devices and any other media devices which create noise may not be used in the recreation facilities if other people are present and are being disturbed.

11. No one with a communicable disease or condition or having open sores on the body shall be permitted the use of the Exercise Room, Saunas, Squash Court or Swimming Pool.

12. No one shall provide services for remuneration to others in the recreation facilities. Only those services/classes/events that are approved in advance and in writing by the Board, in its sole and absolute discretion, shall be permitted in the recreation facilities.

13. In addition to its powers of enforcement provided by law, the Corporation may in the event of any persistent or flagrant breach of the Rules or guidelines relating to any recreation facility or amenity, direct that the person so in breach be required to provide a reasonable security deposit to the Corporation with respect to any such behaviour or breach and which security deposit may be forfeit as liquidated damages in the event any further breach of the Rules or guidelines is occasioned by that person and further, the Corporation acting reasonably may, upon notice to such person, prohibit such person from using any such recreation facility or amenity for a period of time as determined by the Board.

O. BARBECUE

1. Barbecuing is not permitted in any part of the building or property except, using the Corporation’s Barbecue, on the 2nd floor deck or as otherwise permitted in writing by the Board.

2. 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.

3. No one shall use the Barbecue unless a Resident has booked same in accordance with the Corporation’s booking guidelines, which are determined from time to time by the Board in its sole and absolute discretion.

4. The Resident making the reservation shall be responsible for turning off the Barbecue and the gas supply, cleaning the Barbecue, tidying the area and reporting any equipment malfunctions to the superintendent.

5. Any damage to the Barbecue or any part of the adjacent common elements (including the washrooms) and/or theft or loss of and/or damage to the Corporation's property are the responsibility of the Owner of the unit in which the Resident who made the booking resides. Use of the Barbecue shall be in compliance with the requirements contained in any chart or guidelines posted and with generally accepted practice.

6. As food and glass may not be carried through the Swimming Pool area, the Barbecue is not available when another Resident has reserved the Lounge.

P. EXERCISE ROOM

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

2. No one shall use the Exercise Room except in compliance with the requirements contained in any chart or guidelines posted and with generally accepted practice

3. No one shall remove any equipment from the Exercise Room. Personal equipment or belongings left in the Exercise Room will be removed by the superintendent and disposed of.

4. No one shall use the Exercise Room or move through the building to or from the Exercise Room except when wearing appropriate attire.

5. All equipment must be tidied and cleaned of perspiration after use. Any equipment malfunctions shall be reported to the superintendent.

Q. LAUNDRY ROOM

1. The Laundry Room and any equipment contained therein shall be used only for the purposes for which they were intended. All persons using machines in the Laundry Room shall comply with the posted instructions and generally accepted practice in respect of the machines.

2. No dyeing or tinting is allowed in the Laundry Room.

3. No one shall fail to remove laundry promptly from the washers and dryers as soon as any cycle is completed.

4. No one shall fail to leave the Laundry Room, the washers, sink and dryers in a clean condition after use and shall report any malfunctions to the superintendent.

5. Soiled diapers and other highly soiled fabrics must be rinsed prior to inserting same in any machine in the Laundry Room.

R. LOUNGE

1. Residents over the age of sixteen (16) years may reserve the Lounge. All reservations for the Lounge shall be made by using the calendar posted outside the Lounge and, (if necessary) at least one week in advance, by submitting to the superintendent an official Lounge License, Reservation and Agreement in a form as determined from time to time by the Board.

2. If more than ten (10) persons will be using the Lounge (which number is subject to change from time to time at the sole discretion of the Board), and prior to use, Residents shall enter into the Corporation’s official Lounge License, Reservation and Agreement. The completion of a Lounge License, Reservation and Agreement is not necessary if ten or fewer participants are expected; in this case it is sufficient to reserve the Lounge by using only the calendar posted outside the Lounge.

3. The Resident who reserved the Lounge shall be in attendance during the hours of the reservation and shall be responsible for tidying the Lounge, deck and washrooms and cleaning the appliances immediately after use, and in no event later than 10:00 a.m. the following day.

4. The Lounge shall not be used for any commercial purposes.

5. The Resident booking the Lounge shall be held responsible for the preservation of proper order and decorum and will ensure there are no disturbances to, or disruption of the ongoing activities in the recreation and amenity facilities and common elements. While the Lounge is in use, the entrance door to it must be kept closed. Exit doors must be kept free from obstructions at all times.

6. At all times the superintendent or other agent of the Corporation shall be entitled to enter the Lounge to:

• • • a. ensure that all facilities are being used properly;

    • b. check for fire hazards;

    • c. close and secure the Lounge at the end of the function or during the function if, in their opinion, serious misbehaviour, illegal activity or damage is occurring or may occur; and

    • d. require that any number of persons leave should, in their opinion, the conduct or number of the persons be such that removal from the Lounge and/or the building is in the interest of the Residents and Owners of the property.

7. In the event that a Lounge reservation by a Resident has caused serious problems, the Board reserves the right to forbid or restrict future Lounge reservations from any Resident of that unit.

8. Any damage to furnishings and/or finish of the Lounge or any part of the adjacent common elements (including the washrooms) and/or theft or loss of and/or damage to the Corporation's property are the responsibility of the Owner of the unit in which the Resident who made the booking resides. The cost of cleaning, replacement, repairs or refinishing as determined by the Property Manager, in their sole discretion, are the responsibility of the Owner of the unit in which the Resident who booked the Lounge resides, and shall be borne and paid for by such Owner of the unit and shall be deemed to be additional contributions towards the common expenses payable by such Owner and shall be recoverable as such.

9. Anyone using the billiard table in the Lounge shall ensure that all equipment is used according to generally accepted practice and that all equipment is returned to its proper place, including covering the table, returning cues to the rack and balls to their storage area.

S. SAUNAS

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

2. No one shall use the Saunas except where such person showers prior to entering the Sauna and turns the heat control and light off after use, when such person is the last to use such Sauna.

3. Male persons shall use the male Sauna and female persons shall use the female Sauna.

T. SQUASH COURT

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

2. No one shall use the Squash Court except following generally accepted practice and when wearing appropriate dress, safety equipment and shoes which will not mark or damage the Squash Court floor.

U. SWIMMING POOL

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

2. Pets, food and glass or glass objects are not permitted in or around the Swimming Pool area.

3. Every bather shall take a cleansing shower or bath using soap and warm water before entering the Swimming Pool area.

4. No one shall engage in boisterous or unseemly conduct or actions in or around the Swimming Pool.

5. No one shall pollute the water in any manner including urinating, spitting, spouting water or blowing their nose in the Swimming Pool or in the Swimming Pool area.

6. No one shall use the Swimming Pool or move through the building to or from the Swimming Pool area, except when wearing appropriate attire.

7. Lifesaving equipment is for emergency use only and is not to be tampered with or used for any other purpose at any time.

8. Skin and scuba diving gear, floating mats or rafts and other flotation devices are not permitted in the Swimming Pool, except for the following: life jackets, water wings or arm floaters and pool noodles.

9. The maximum number of persons permitted in the Swimming Pool area shall be as posted from time to time; this number must not be exceeded.

10. The Swimming Pool cannot be reserved for private parties.

11. No one lacking toilet training is permitted to use the Swimming Pool unless wearing appropriate swim pants designed for this purpose. The changing of diapers in the Swimming Pool area is not permitted.

V. ELECTRIC VEHICLE CHARGING SYSTEM

1. Electric Vehicle Chargers (EVCs) may only be installed and operated after an Electric Vehicle Charging System (EVCS) Agreement has been signed by the Unit Owner and the Corporation and registered on title of the Owner’s Unit.

2. EVCs must be operated in a safe manner and no person under the age of sixteen (16) shall be permitted to operate an EVC.

3. An EVC shall be contained within the Owner’s assigned common elements Parking Space and shall not extend outside its boundaries nor interfere with adjacent parking spaces, driveways or walkways.

4. Owners of EVCs are responsible for any repair, maintenance, and replacement of their EVC as laid down in the Agreement. However, any and all damage to the EVC and/or any parts of the EVCS shall be immediately reported the Superintendent and the Corporation’s EVCS Contractor.

5. Owners of EVCs shall not permit the use of their EVC for commercial purposes.

6. Owners of EVCs shall maintain them in a sightly and clean manner.

GUIDELINES

The Rules allow the Board to set Guidelines for specific facilities to expand on any Rules. 

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.

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.

 In addition to the Rules on Garbage and recycling the Board has approved the following Guideline.

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

In addition to the Rules on the Garage and Parking the Board has approved the following Guideline.

 •          If a resident makes excessive use of Visitor parking, the Board may restrict their access to, or use of, Visitor parking so that all residents may have equitable use of it.  Residents who have frequent visitors who require parking are encouraged to rent or borrow an additional parking space from another resident.

HISTORY AND AMENDMENTS:

• These Rules replaced an earlier set of Rules and came into force on December 5th  2015.

• Rule G.1 was amended, effective 1st September 2017, to allow elevator bookings on Sundays.

• Rules D. 28, D. 29 and D. 30 were added, effective October 16th 2018, to clarify responsibility for exclusive use common element areas and to govern the sale and cultivation of cannabis.

• Section V (Electric Vehicle Charging System) was added effective 1st March 2022 as was a minor amendment to Rule J.4. to bring it into agreement with the Act.

New Town of York in about 1990, before New Times Square (109 Front Street East etc.) was built.