Statutory Anatomy
The Merchandise Lofts Building (LRO Registration)
The Merchandise Lofts Building (LRO Registration)
The Merchandise Lofts building was converted from the Sear Warehouse in February 2000 by Cresford Developments Inc. (the Developer) followed by the formation of 4 phase-wise condo corporations and 1 commercial retail condo corporation at different points in time. The publicly available registered legal instruments of the formation are as follows:
Instrument E246450 Registered 1999-05-12 - Residential & Parking Condo MTCC 1247, a.k.a., P1&2 (Phase 1&2),
Instrument E328062 Registered 2000-05-17 - Residential Condo MTCC 1314, a.k.a., P3 (Phase 3),
Instrument E407060 Registered 2001-02-05 - Residential Condo MTCC 1369, a.k.a., P4 (Phase 4),
Instrument E345011 Registered 2003-11-27 - Residential Condo TSCC 1565, a.k.a., P5 (Phase 5), and
Instrument [Ennnnnn] Registered [yyyy-mm-dd] - Commercial Retail Condo MTCC 1266, a.k.a., Retail
There are a total of 246 bicycle spaces, 529 above-grade parking spaces, and 504 voting (residential) units start from levels 4th to 12th with 9 styles of loft size from 565 to 1,765 square feet. The following are the breakdown of voting and non-voting units:
P1 138 residential voting units
P2 542 non-voting units
P3 136 residential voting units and 7 non-voting units
P4 206 residential voting units and 197 non-voting units
P5 46 residential voting units
Some voting units have since been consolidated or combined into larger ones. There are 4 loading bays and a 30,000 square-foot Metro food store and 35,300 square feet of retail and office space.
The cost-sharing among the condominium corporations is governed by the By-law No. 3 Instrument D659870 registered by MTCC1247 on the Land Registry Office on June 3, 1999. The first official RA (Reciprocal Agreement) Instrument D2634842 was registered on March 3, 2011. The agreement has since undergone 3 subsequent Amendments:
SF (Shared Facilities) is in fact a Committee born out of the RA - due to the phase-wise development nature of the Merchandise Lofts Building. Chronologically, P1&2 formed the first condo Corporation (i.e., MTCC 1247) June 1999 in conjunction with the Declarant (the Developer or The Merchandise Building Inc.) registering the RA. This was done at the time in order to pave the legal way for the future P3, P4, P5, and Retail to join the SF and be bound with the RA as the phases were being constructed and delivered by the Declarant. The registered RA includes the Cost Sharing Schedules that outlines a total of 97 intra-phase shared components, of which 54 components has no allocation to the Commercial Retail phase.
The registration of the Bylaw no. 3 (covering inter-phase shared common elements, but NOT intra-phase common elements), formed the Shared Committee, a.k.a., the Shared Board, and bound each of the future phases into the RA for cost sharing in the Merchandise Lofts Building. The instrument legally prescribes the makeup of the Committee as consisted of one representative from each of the phases, including the yet to be completed P3, P4 and P5 at the time of Bylaw no. 3 registration.
P2, being part of MTCC1247 or P1 and covering parking spots and lockers, is excluded from SF and is legally containing titled condo units unto themselves. Although parking spots and lockers are condo units under MTCC1247 P2, they are non-voting units. Therefore, owners in P3, P4 and P5 who own parking spots and lockers can and should be invited to attend P1 (MTCC1247) AGM, albeit the parking and locker owners cannot cast votes in P1 election.