By-Law 6

1.01 The words and terms used in this By-law shall have ascribed to them the definitions contained in the Condominium Act, S.O. 1998 c. 19, as amended from time to time, and the regulations made thereunder (all of which are hereinafter referred to as the "Act") or in the Declaration, unless otherwise specified.

ARTICLE II SEAL

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2.01 The seal of the Corporation shall be in the form impressed in the margin beside this paragraph.

ARTICLE III REGISTER

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3.01 The Corporation shall keep a record (hereinafter called the 'Register") respecting the property which shall record the name and address of the Owner and Mortgagee of each unit who has notified the Corporation of an entitlement to vote. The address of each Owner shall be the unit address shown on the deed registered in the Land Titles Division for the Registry Office of Essex. (No. 12) at Windsor, Ontario for the unit, unless the Corporation is .given notice in writing of a different address by such Owner. The address of each Mortgagee shall be the address for service for the Mortgagee shown . on the Mortgage/Charge registered in the Land Titles Division for the Registry Office of Essex (No. 12) at Windsor, Ontario to that unit, unless the Corporation is given notice in writing of a different address by such Mortgagee, It is the Owner/ Mortgagee's obligation to provide the proper address for service to the Corporation. The Corporation accepts no responsibility for any losses, damages, or costs incurred by the Owner/ Mortgagee resulting from the Owner/ Mortgagee's failure to provide this information or for incorrect information supplied to the Corporation by a person having or purporting to have the authority to provide such information to the Corporation. Nor shall the Corporation be deemed to have knowledge of the Owner/ Mortgagee's address for service for purposes of this section without the expressed written notification of such required information by the Owner/ Mortgagee to the Corporation.

ARTICLE IV BOARD OF DIRECTORS

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4.01 Business & Quorum: The affairs of the Corporation shall be managed by a Board of seven (7) Directors of whom four (4) shall constitute quorum for the transaction of business at any meeting of the Board. Notwithstanding vacancies, the remaining Directors may exercise all the powers of the Board so long as a quorum of the Board remains in office. The Board of Directors may establish a committee or committees to report directly to the Board of Directors on specific matters.

4.02 Age Qualification: Each Director shall be eighteen (I 8) or more years of age.

4.03 Other Qualifications: Any Director need not be an owner in the Corporation but no Director shall be an undischarged bankrupt or mentally incompetent person, and if a Director becomes a bankrupt or a mentally incompetent person he thereupon ceases to be a Director. A Director shall cease to be a Director, if he:

i) becomes an undischarged bankrupt or a mentally incompetent person; or

ii) has a certificate of lien registered against his unit and such lien has not been discharged from his unit within 90 days from the date of its registration.

No election or appointment of the person as a Director shall be effective unless he consents in writing to act as a Director before his election or appointment or within ten (10) days thereafter or he was present at the meeting when he was elected or appointed and did not refuse at that meeting to act as a Director.

4.04 Standard of Care: Every Director of the Corporation shall exercise the powers and discharge the duties of the office honestly and in good faith and shall exercise the care, diligence and skill that a reasonably prudent person would exercise in similar circumstances.

4.05 Removal of Directors: A Director may be removed before the expiration of the Director's term by a vote of Owners who together own a majority of all the units in the Corporation. The Owners may elect any person qualified to be a member of the Board under the Declaration or By-laws for the remainder of the term of the Director removed.

4.06 Vacancies: If a vacancy in the membership of the Board occurs, the majority of the remaining members of the Board may appoint any person qualified to be a member of the Board in accordance with this By-law to fill the vacancy until the next annual general meeting at which time the vacancy shall be filled by election by the Owners.

4.07 Disclosure of Director's Interest: Each Director of the Corporation who has, directly or indirectly, a materiel interest in a contract or transaction to which the Corporation is or is a proposed party must declare such interest in writing to the Corporation, the nature and extent of the interest in .accordance with Section 40 of the Act, shall not be present during the discussion at the meeting, shall not vote in respect 'hereto and shall not in respect of such contract or transaction be counted in the quorum f the Board. The Board shall record the disclosure made by the Director in the minutes of the meeting. A Director who has acted honestly and in good faith but has otherwise not complied with the requirements of Section .40 (1) to (6) of the Act inclusive is not accountable to the Corporation or to the Owners for any profit or gain realized from the contract or transaction by reason only of holding the office of director and the contract or transaction is not voidable by reason only of the director's interest in it if,

(a) the contract or transaction is confirmed or approved by at least two-thirds of the votes cast at a meeting of Owners duly called for that purpose; and

(b) the nature and extent of the Director's interest in the contract or transaction are declared and disclosed in reasonable detail in the notice calling the meeting.

4.08 Election and Term: The terms of office for Directors that existed at the date of the meeting at which this By-law was approved by the owners shall continue so as . to maintain the rotation system of Directors' terms originally established by the Corporation. At each Annual General Meeting, the number of Directors equal to the number of Directors retiring in such year shall be elected for a term of three (3) years.

In subsequent elections where there is, for any reason, more than one vacancy on the Board to be filled, the candidate receiving the highest number of votes shall fill the vacancy on the Board which has the longest term and where the election is by acclamation, the Directors shall decide by vote who shall fill each term; provided that any Owner-Occupant Director shall complete the term of the existing Owner-Occupant Director.

4.09 Meetings: The Board may appoint a time and a place for regular meetings. A copy of any resolution of the Board fixing such time and place shall be sent to each Director and no further notice shall be required for any such meeting. A quorum of the Board of Directors may Call a meeting of the Board of Directors at any time by providing written notice of the Meeting to every Director at least ten (10) days before the day of the meeting. Notice of any meeting properly calked shall be given personally, by delivery, by regular mail, by facsimile, email or other suitable electronic transmission to the address of the Director in the Corporation's Register. No notice of a meeting shall be required if all Directors are present and consent to holding the meeting, or if those not present have consented to the holding of the meeting.

Teleconferencing; Directors may participate in Board Meetings by way of telephone or other forms of electronic conferencing systems so long as alt Directors present at such meeting can participate concurrently.

4.10 Indemnity of Directors arid Officers:Subject to Section 38 of the Act, every Director and Officer of the Corporation and his heirs, executors, administrators, estate trustees and other legal personal representatives shall from time to time be indemnified and saved harmless by the Corporation from and against:

(a) Any liability and all costs, charges and expenses that he sustains or incurs in respect of any action, suit or proceeding that is proposed or commenced against him for or in respect of anything that he has done, omitted to .do, or permitted by him in respect of the execution of the duties of his office; and,

(b) All other costs, charges and expenses that he sustains or incurs in respect of the affairs of the Corporation;

except to the extent that the Director or Officer has been adjudged to be in breach of the duty to act honestly and in good faith and provided that:

1. No Director or Officer of the Corporation shall be indemnified by the Corporation in respect of any liability, costs, charges or expenses that he sustains or incurs in or about any action, suit or other proceeding as a result of which he is adjudged to be in breach of any duty or responsibility imposed upon him under the Act or under any other statute unless, in an action brought against him in his capacity as Director or Officer, he has achieved complete or substantial success as a defendant;

2. The Corporation is advised of any such action, suit or other proceeding, or cost, charge or expense, forthwith after the Director or Officer receives notice thereof;

3. The Corporation is given the right to join in the defence of the action, suit or proceeding; and

4. He co-operates fully with the corporation and its insurers.

4.11 Insurance for Directors & Officers:The Corporation shall use all reasonable efforts to obtain and maintain in effect insurance for the benefit of its Directors and Officers in order to indemnify and save them harmless from and against all liabilities, costs charges and expenses as described in Article 4.10 hereof.

4.12 Compensation: The Directors shall receive such compensation as may from time to time be decided by. By-law provided that the By-law shall fix the compensation and slate the period, not to exceed three (3) years for which it is to be paid.

ARTICLE V OFFICERS

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5.01 election of President: At the first meeting of the Board, after each election of Directors and at any time a vacancy in the office occurs, the Board shall elect from among its members a President. Until such election the then incumbent (if a member of the Board) shall hold office.

5.02 Other Elections; The Board shall elect a Secretary and may elect one or more Vice-Presidents, a Treasurer and such other Officers as the Board may determine, including one or more assistants to any such Officers. The Officers so elected may, but need not be, members of the Board. The Board shall also elect an Officer to be charged with the general supervision of the business and affairs of the commercial units. One person may hold more than one office.

5.03 Terms of Office: In the absence of written agreement to the contrary, the Board may remove at its pleasure any Officer of the Corporation.

5.04 President; The President shall, when present, preside at all meetings of the members and of the Board and shall be charged with the general supervision of the business and affairs of the Corporation.

5.05 Vice-President; During the absence of the President, his duties may be performed and his powers may be exercised by the Vic✓-President or, if there is more than one, the Vice-Presidents (in order of seniority as determined by the Board), except that a Vice-President who is not a Director or Owner shall not preside at a meeting of the Board or of Owners. A Vice-President shall also perform such duties and exercise such powers as the Board may prescribe.

5.06 Secretary: The Secretary shalt give or cause to be given all notices required to be given to the Owners, Directors, Auditors, Mortgagees and all others entitled thereto, he shall attend all meetings of the Directors and of the Owners and shall enter or cause to be entered in books kept for that purpose minutes of all proceedings at such meetings; he shall be the custodian of all books, papers, records, documents and other instruments belonging to the corporation and he shall perform such other duties as may be prescribed by the Board.

5.07 Treasurer: The Treasurer shall keep or cause to be kept full and accurate books of accounting which shall record all receipts and disbursements of the Corporation and, under the direction of the Board, shall control the deposit of money, the safekeeping of securities end the disbursement of the funds of the Corporation; he shall render to the Board, whenever required of him, an account of all his transactions as Treasurer and of the financial position of the Corporation; and he shall perform such other duties as may be prescribed by the Board.

5.08 Other Officers: The duties of all other officers of the Corporation shall be on such terms as the Board requires of them. Any of the powers and duties of an officer to whom an assistant has been appointed may be exercised and performed by such assistant unless the Board otherwise directs.

5.09 Standard of Care of Officers: Every officer of the Corporation shall exercise the powers and discharge their duties honestly and in good faith and shall exercise the care, diligence and skill that a reasonable prudent person would exercise in similar circumstances.

5.10 Disclosure of Officer's Interest: An officer of a Corporation who is not a director and who has, directly or indirectly, a material interest in a contract or transaction to which the Corporation is or, is a proposed party shall declare in writing to the Corporation the nature and extent of such interest in accordance with Sections 40 and 41 of the Act.

5.11 Agents and Attorneys; The Board shall have power from time to time to appoint agents or attorneys for the Corporation with such powers of management or otherwise including the power to sub-delegate as may be thought fit.

ARTICLE VI MEETING OF OWNERS

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6.01 Annual Meetings: Annual meetings of Owners shall be held to receive reports, to elect Directors, to appoint auditors and for the transaction of such other matters relevant to the affairs and business of the Corporation as may be set out in the notice of the meeting. The annual general meeting shall be held within six (6) months of the end of each fiscal year of the Corporation.

6.02 Notice to Owners:

(a) Notice shall be provided to the auditor of the Corporation, and to each Owner and Mortgagee whose name and address for service is , entered in the Corporation's Register as of the twentieth (201h) day prior to the date of the meeting. Notice shall be in writing and advise of the date, hour, place of, and nature of the business to be presented in accordance with Article XX of this By-law at least fifteen (15) days before the day on which the meeting is to be held.

(b) Every notice of meeting shall have appended to it an agenda of matters to be considered at such meeting and no vote may be taken in respect of any matter that is not included in the agenda for such meeting other than for routine procedural matters., The notice shall also include a copy of all proposed changes to the Declaration, By-laws, Rules or agreements that are to be discussed at the meeting. If the notice is issued for a meeting requisitioned by the Owners, it must contain a copy of the requisition.

(c) The Notice given for the annual general meeting shall append a copy of the financial statements for the Corporation approved by the Board and a copy of the Auditor's Report.

(d) The Notice of a meeting at which one or more Directors are to be elected shall include the name and address of each individual who has notified the Board in writing of the intention to be a candidate in the election no later than the fourth day prior to the date the Notice of the meeting is to be sent. If the position on the Board to be voted upon is that of the Owner-Occupant Director, any person wishing to be a candidate for that position may notify the Board of the intention to be a candidate no later than the day prior to the date upon which the Notice for the meeting is to be sent.

6.03 persons Entitled to be Present: The only person entitled to attend a meeting of Owners shall be the Owners and the Mortgagees entered on the Register as of the twentieth (20th) day prior to the date of the meeting and are entitled to vote, their proxies, the spouses of Owners, the auditors, accountants, solicitors of the Corporation and any others entitled by the Act, Declaration or By-laws of the Corporation to be present at the meeting. Any other person may be admitted only on the invitation of the Chairperson of the meeting or with the consent of the meeting.

6.04 Quorum: At .any meeting of Owners, a quorum shall be constituted when persons entitled to vote and owning not less than twenty-five percent (25%) of the units are present in person, or represented by proxy, at such meeting. To be counted towards quorum at a meeting, an Owner must have been entitled to receive notice of the meeting, be entitled to vote at the meeting and be present in person or by proxy.

6.05 Right to Vote: At each meeting of Owners, every Owner shall be entitled to vote who is entered on the Register as an Owner subject to paragraph 6.03 of this Article. If a unit has been mortgaged, the Owner of the unit (or proxy) may vote in respect of it unless, under the terms of the mortgage, the Mortgagee was- expressly authorized to vote in the place of the Owner, the Mortgagee is otherwise entitled to vote and the Mortgagee has notified the Corporation and the Owner of its intention to exercise such right at least four (4) days before the date specified in the notice of the meeting in which case such Mortgagee (or proxy) may attend meetings and vote in respect of such unit, upon filing with the Secretary of the meeting sufficient proof of the terms of such instrument and notice to the Owner. Any dispute over the right to vote shall be resolved by the Chairperson of the meeting upon such evidence as may be deemed sufficient and his decision shall be final and binding. At any meeting of the Owners, every Owner or Mortgagee shall have the right to cast one (1) vote for each such unit registered in the name of the Owner, provided that if a unit is owned by two or more persons, a majority must agree as to the manner in which the vote applicable to their unit is to be cast, otherwise the vote in respect of that unit shall not be counted.

6.06 Loss of right to vote: An Owner or Mortgagee of a unit is not entitled to vote at any meeting if any contributions of common expenses payable in respect of the unit have been in arrears for thirty (30) days or more at the time of the meeting. The Owner or Mortgagee of a unit that is in arrears of the contributions payable in respect of the unit may tender payment in full, together with interest as set out in this By-law and such other reasonable costs as the Corporation may be entitled to in respect of such arrears, at any time prior to the commencement of such meeting provided that such payment shall be in cash or by certified cheque or bank draft payable to the Corporation and dated on or before the same date as the meeting. An Owner or Mortgagee shall not be entitled to vote at a meeting if the Owner or Mortgagee was not entitled to receive notice of the meeting in accordance with the Act and this By-law.

6.07 Method of Voting: At a meeting of Owners, any question shall be decided by a show of hands unless a poll or vote by ballot is demanded by a person entitled to vote and, unless a poll or vote by ballot is so demanded, a declaration by the Chairperson that such vote has by the show of hands been carried is prima facie proof of the fact without proof of the number or proportion of votes recorded in favour of or against such question. A demand for a poll or vote by ballot may be withdrawn at any time prior to the taking of the poll. The Chairperson may reject a demand for a vote by ballot provided that a vote by poll is conducted. Voting for the election of Directors, however, shall be by ballot only. In the event of a tie for the position of Director, a further vote shall be taken and should the tie remain, the tie shall be determined by the toss of a coin by the Chairperson of the meeting.

If a valid proxy is submitted for the election of Directors it shall, in accordance with the Act, include the name of the candidate(s) that the donor of the proxy wishes to vote for and such proxies shall be counted in the election of the Directors in the same manner as a ballot and the proxy holder shall not receive a ballot for the election of Directors in respect of such proxy. If a valid proxy is submitted at a meeting where Directors are to be elected but does not contain the names of any of the candidates it shall not be used for the election of Directors, including those that may be nominated from the floor, but the proxy holder will be entitled to vote for each proxy he holds for other matters listed in the agenda/ proxy or otherwise properly brought before the meeting.

If a meeting requires the election of a Director by Owners who reside in their unit (hereinafter called "Owner-Occupants"), then only the Owner-Occupants may vote for that position using a ballot that includes a statement on it indicating that it is to be used for the election of the Owner-Occupant Director or by a valid proxy that clearly identities the candidate for the Owner-Occupant Director for whom the donor of the proxy is voting. At a meeting of Owners at which, due to a vacancy on the Board two or more positions on the Board must be filled one of which is the Owner-Occupant position, a candidate may stand for election for both the Owner-Occupant Director and the regular Board Director, If an election is to take place for both positions, the election for the Owner-Occupant position shall take place first.

If a meeting is called at which a vote is to be held to remove a Director or Directors prior to the end of their term, the vote required to remove such Director(s) shall be those Owners present in person or by proxy who represent a majority of all of the units in the Corporation and proxies submitted for such meetings must include the name of the Director(s) that the proxy donor wishes to vote to remove and the names of those candidates that the proxy donor wishes to vote to elect to any vacant positions that arise from the removal of .a Director. If a Director to be removed is the Owner-Occupant Director, the proxy donor must also indicate on the proxy the name of the candidate he is voting for as the new Owner-Occupant Director.

At all meetings of Owners every question shall, unless otherwise required by the Act, Declaration or By-laws, be decided by a majority of the votes duly cast on the question by those Owners who are present, in person or by proxy, at the meeting and are entitled to vote.

6.08 Representatives: An executor, administrator, committee of a mentally incompetent person, guardian or trustee, upon filing with the Chairperson of the meeting sufficient proof of his appointment, shall represent the Owner or Mortgagee at all meetings of the Owners and may vote in the same manner and to the same extent as such Owner.

6.09 Proxies: Every Owner or Mortgagee entitled to vote at meetings of Owners may appoint a proxy, who need not be an Owner or Mortgagee, to the same extent and with the same power as if the Owner or Mortgagee was present at the meeting. The instrument appointing a proxy shall be in writing, dated and identify the particular meeting for which it is to be used and be signed by the appointer or his attorney authorized in writing. A photocopy or facsimile copy of a proxy that is otherwise valid and is legible shall be accepted. The instrument appointing a proxy shall be deposited with the Chairperson or Property Manager of the Corporation at the meeting before any vote is cast under its authority and the Chairperson shall resolve any dispute as to validity of a proxy so deposited, and any dispute over the right to vote upon such evidence as he may deem advisable. Proxies submitted for a meeting of the Owners shall be retained by the Corporation as a record for a period of ninety (90) days from the date of the meeting. The Corporation may use a form of proxy that contains provisions allowing the donor of the proxy to direct the manner in which his proxy is to be voted in respect of any matter to be voted upon as set out in the notice and agenda as issued for the meeting. If such a proxy form is used and the donor does not indicate how his vote is to be directed, the proxy holder shall be entitled to vote the proxy as he may decide for the matters set out in the agenda for the meeting other than the election of Directors.

6.10 Conduct of Meetings: At any meeting, the President of the Corporation, or failing the President, the Vice-President, or failing the Vice-President some person elected at the meeting, shall act as Chairperson of the meeting, provided that the Chairperson may, whenever the Chairperson believes in his sole discretion, it is appropriate in the circumstances to do so, appoint the Corporation's Manager or Solicitor to chair all or part of any meeting of the Owners. The Secretary of the Corporation shall act as Secretary of the meeting or, failing the Secretary, the Chairperson shall appoint a Secretary of the meeting. Unless the Act, the Declaration or the By-laws of the Corporation provide otherwise, any question as to the calling of the meeting; the right to vote at a meeting; the validity of proxies presented at the meeting; the method used to vote or the validity of any vote held at a meeting; or the rules of order for a meeting shall be decided by the Chairperson. In rendering a decision, the Chairperson may make reference to parliamentary procedure as described in Robert's Rules of Order for assistance in determining any question or procedure as the Rules of Order for a meeting. Should there be any contradiction between Roberts Rules of Order and the Corporation's governing documents (i.e. the Act and the Corporation's Declaration, By-laws and Rules), the Corporation's governing documents shall prevail.

6.11 Nominations: Any person who is otherwise qualified to be a Director in accordance with this Bylaw may be nominated as a candidate for election to the Board of Directors. Such nominations do not require a seconder and an Owner may nominate himself. Any notification received from the Board in accordance with Article 6.02 (d) of this By-law shall be considered a valid nomination of the person(s) named in such notification. No nominations shall be allowed from the floor during the meeting, unless insufficient candidates exist to fulfill all vacancies on the Board. Only those Owners present in person at the meeting shall be entitled to vote for candidates nominated from the floor.

ARTICLE VII LEASING OF COMMON ELEMENTS

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7.01 Leasing of Parking Spaces and Storage Lockers: The Corporation is authorized to lease any or all common element parking spaces and common element storage lockers of the Corporation (other than those common elements designated for the exclusive use of Owners in the Declaration) on such terms, conditions, agreements, and rents (including additional administrative costs and legal expenses for breaches) as the Board of Directors may, from time to time, determine, in its sole discretion. 7.02 The Owner who agrees to Lease such part of the common elements shall deliver to the Corporation an agreement signed by the Owner which states;
"I, _____________________, covenant and agree that I will in the use of part of the common elements leased to me comply with the Condominium Act, the Declaration, the By-laws and all Rules of the Corporation during the term of my Lease."

ARTICLE VIII NON-RESIDENT OWNERS

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8.01 An Owner who has leased or otherwise allowed someone to occupy his unit and as a result does not reside on a regular basis in the unit shall not use any of the common elements (including without limitation the laundry facilities, the party room, the recreation centre, exercise equipment and pool, the library and the parking facilities) without the prior written consent of the Board of Directors.

8.02 An Owner who leases his unit must comply with section 83 of the Act which, among other matters, requires the Owner to;

(a) notify the Corporation that the unit has been leased, within thirty (30) days of entering into lease or renewal;

(b) provide the Corporation with the names of the tenants;

(d) provide to the Corporation a copy of a Summary of Lease Or Renewal in the form prescribed in the Act;

(e) provide the tenant with a copy of the Declaration, By-laws and Rules of the Corporation; and

(f) notify the Corporation immediately upon the lease for the unit being terminated and not renewed.

8.03 In addition, the Owner must comply with the Corporation's Declaration, By-laws and Rules on Leasing which may be amended from time to time.

8.04 At least seven (7) days prior to the tenant taking or vacating occupancy of the unit, the Owner shall also provide a "move-in/move-out" deposit (as the case may be) to the Corporation in the amount as may be determined by the Board in its sole discretion. The deposit shall be returned to the Owner less any costs incurred by the Corporation as a result of the tenant taking or vacating occupancy of the Owner's unit including but not limited to any damages or clean up costs resulting from the tenant's move, costs to supply the tenant with the Corporation's Declaration, By-laws and Rules, additional management costs and/or legal fees and disbursements on a solicitor-client scale incurred to enforce this Article. The Owner shall ensure that the tenant complies with the Rules regarding the Corporation's Moving Procedures including without limiting the foregoing, the requirement to schedule the move in advance with the on-site custodian and the requirement to use the rear door and north service elevator.

8.05 For greater certainty, failure of the Owner to comply with section 83 of the Act and the Corporation's Declaration, By-laws and Rules regarding leasing shall prohibit occupancy of the tenant until such breach has been rectified to the satisfaction of the Board.

ARTICLE IX BANKING ARRANGEMENTS AND CONTRACTS

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9.01 Banking Arrangements: The banking business of the Corporation shall be transacted with such bank, trust company, or credit union by such persons and in such manner as the Board may designate by Board resolution.

9.02 Execution of Documents: Documents requiring the corporate seal shall be signed by the Treasurer and any other Director, provided that certificates as to payment of common expenses and as to the affairs generally of the Corporation may be signed under seal by any Director or Officer of the Corporation acting alone.

Any contract or obligation within the scope of any management agreement entered into by the Corporation may be executed on behalf of the Corporation, in accordance with the provisions of such management agreement.

Notwithstanding any provisions to the contrary contained in the By-laws of the Corporation, the Board may, at any time and from time to time, direct the manner in which and the person or persons by whom any particular Deed, Transfer, Contract or obligation or any class of Deed, Transfer, Contract or obligation of the Corporation may or shall be signed.

ARTICLE X FINANCIAL

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10.01 The financial year of the Corporation shall end July 31" each year, or on such other date as the Board may by resolution determine.

10.02 The Owners shall at each annual meeting appoint one or more auditors to hold office until the close of the next annual meeting and, if an appointment is not so made, the auditor in office continues in office until a successor is appointed.

10.03 The financial statements prepared by the Auditor in accordance with the Act shall be reviewed and approved by the Board of Directors.

10.04 The receipt, disbursement, investment and general administration of the Corporation's funds shall be conducted in accordance with section 115 of the Act.

ARTICLE XI RESERVE FUND

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11.01 The Corporation shall establish and maintain one or more reserve funds for the sole purpose of major repair and replacement of the common elements and assets of the Corporation and shall collect from Owners, as part of their contribution towards common expenses, amounts that, calculated on the basis of expected repair and replacement costs and life expectancy of the common elements and the assets of the Corporation, are reasonably expected to provide sufficient funds therefor.

11.02 Under no circumstances, shall contributions to the reserve fund(s) be less than ten (10%) percent of the amount required for contributions to the common expenses exclusive of the reserve fund, subject to section 93(6) of the Act.

11.03 The Board shall propose a plan for future funding of the reserve fund based on the reserve fund study, which will ensure that within the prescribed time and requirements, the reserve fund will be adequate for the purpose which it was established.

11.04 The Corporation shall conduct periodic studies 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.

11.05 The amount of a reserve fund shall constitute an asset of the Corporation and shall not be distributed to any Owner except on termination of the Corporation.

11.06 Interest and other income earned on the investment of money in the reserve fund shall form part of the reserve fund.

11.07 The cost of obtaining any class of reserve fund study and the periodic updates of the reserve fund study prescribed by the Act may be paid from the reserve fund itself at the discretion of the Board.

11.08 Money in a reserve fund may be invested in the manner described in section 115 of the Act, but only after the Corporation has developed an investment plan based upon the anticipated cash requirements of the Corporation's reserve fund as set out the most recent reserve fund study.

11.09 The Board does not require the consent of the Owners to make an expenditure out of the reserve fund.

ARTICLE XII ASSESSMENT AND COLLECTION OF COMMON EXPENSES

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12.01 Duties of the Board: The Board shall, at least annually, prepare a budget for the property and determine by estimate the amount of common expenses for the next ensuing fiscal year or remainder of the current fiscal year as the case may be. The Board shall allocate, assess and collect such common expenses as are set out in the budget for such period, among the Owners according to the proportions in which the Owners are required to contribute to the common expenses in the Declaration. In addition, the Board shall provide in the annual budget for a reserve fund for major repair and replacement of common elements and assets of the Corporation as required by the Act and may provide for a fund for contingencies, working capital, deficits and replacements. The Board shall advise all Owners and Mortgagees entered on the Register, provided that the said Mortgagees requisitioned in writing a copy of said budget, promptly in writing of the amount of common expenses payable by each of them respectively and shall provide copies of each budget on which such common expenses are based.

12.02 Owner's Obligations: Each Owner shall pay to the Corporation or as it may direct the amount of such assessment in equal monthly payments on the first day of each and every month next following notice of such assessment, until such time as a new assessment has been provided to such Owner. For this purpose, each Owner shall furnish the Corporation with post dated cheques prior to the start of each fiscal year or as the Board may direct.

12.03 Special Assessments: The Board may make special assessments when the Corporation does not have sufficient funds to meet expenditures which have been incurred or which it is anticipated will be incurred, Notice of such special assessment shall include a written statement setting out the reasons for the assessment and the assessment shall be payable by each Owner within ten (10) days after the Owner has been given notice of the assessment or within such further period of time and in such instalments as the Board may determine.

12.04 Default in Payment of Assessment:

(a) Arrears of payments required to be made under the provisions of this Article shall bear interest at the rate of TWENTY-FOUR PER CENT (24%) PER ANNUM and shall be compounded monthly until paid; and

(b) In addition to any remedies or liens provided by the Act, if any Owner is in default in payment of an assessment levied against him for a period of fifteen (15) days, the Board may retain a solicitor on behalf of the Corporation to enforce collection and there shall be added to any amount found due all costs of such solicitor (to be claimed as between a solicitor and his own client) plus any additional management costs, administrative charges, non-sufficient fund bank charges, applicable taxes and such costs will be subject to interest at TWENTY-FOUR (24%) PERCENT PER ANNUM and all these costs shall be deemed to constitute a reasonable charge incurred by the Corporation in collecting unpaid common expenses within the meaning of the Act and may be collected from the defaulting Owner and enforced in the same manner as common expenses.

(c) Any payment received by the Corporation by the Owner and/or the Mortgagee under this default shalt be applied first, towards interest; second, towards administrative charges; third, towards costs, legal fees, disbursements and management costs to enforce payment; fourth, towards the most aged common expenses or special assessments as may be owing to the Corporation for the unit but nothing in this provision shall preclude the Corporation's rights under Article XIII to enforce payment of any outstanding common expense contributions or special assessments at any time by registering a Certificate of Lien, Once payment is made in full of all costs associated with the Lien as outlined in this Article, the Corporation shall register a Discharge of Lien and provide particulars of same to the Owner, the legal costs on a solicitor and his own client scale shall also be recovered under the Certificate of Lien. In addition, any and all further legal fees and disbursements, management costs or other charges whatsoever incurred by the Corporation caused by the Owner after the Certificate of Lien has been discharged but directly related to the registration of the Certificate of Lien, shall be deemed to be part of the Certificate of Lien and all such charges shall be added to the Owner's monthly common expenses and may be collected from the defaulting Owner and enforced in the same manner as common expenses.

ARTICLE XIII DEFAULT

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13.01 Notice of Default: The Board when giving notice to the Owner in default of payment of common expenses or any breach of a provision of the Act or of the Corporation's governing documents, shall concurrently send a copy of the notice to each Mortgagee of the Unit entered in the Register who has requested that -notices be sent to him. A "Notice of Lien to Owner" in the form prescribed by the Act shall be provided to the defaulting Owner-allowing the Owner at least ten days to pay the amount in default which shall be paid by the Owner in cash or certified funds within the prescribed time failing which the Corporation may register a Certificate of Lien against the defaulting Owner's Unit. The Corporation shall be entitled to take any and all proceedings (including but not limited to Power of Sale and Foreclosure) against the Owner to secure payment of the default, and all costs for so doing including additional management costs and legal fees and disbursements on a solicitor-client basis shall be recovered under the Certificate of Lien.

ARTICLE XIV INDEMNIFICATION

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14.01 Each Owner shall indemnify and save harmless the Corporation from and against any loss, costs, (including .legal fees, disbursements and applicable taxes all calculated on a solicitor and client basis), damage, injury or liability whatsoever (collectively called "Costs") which the Corporation may suffer or incur resulting from or caused by an act or omission or breach of the Act, the Declaration, the By-laws or Rules, of or by such Owner, lessee or permitted resident of a unit, or by any invitee of the foregoing to or with respect to the common elements and assets of the Corporation and/or the Owner's unit and/or all other units, except for any such Costs for which the Corporation receives recovery under a policy of insurance subject to Article XV of this By-law. Owners shall be jointly and severally responsible for any such Costs caused by any tenant, resident, invitee or anyone for whom in law the Owners are responsible, All payments pursuant to this clause are deemed to be additional contributions toward the common expenses in accordance with the Act and recoverable in the same manner as set out in Article XIII of this By-law.

ARTICLE XV INSURANCE

A. INSURANCE DEDUCTIBLE

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15.01 Where damage occurs to an Owner's unit and the damage is covered under the Corporation's insurance, the Owner of the unit shalt be responsible for the aggregate cost of repairing all of the damage incurred, up to -a maximum of the Corporation's deductible amount regardless of whether or not the. Owner caused the damage or how the damage was caused subject to Articles 15.02 and 15.03 of this By-law so long as the damage was not caused by the Corporation, or its Officers, Directors, agents or employees.

15.02 Where damage occurs to an Owner's unit and the cause of the said damage originates from another unit, and where such damage is covered under the Corporation's insurance, the Owner of the unit where the damage originated shall be responsible for the aggregate cost of repairing all of the damage incurred up to a maximum of the Corporation's deductible amount regardless of whether or not the Owner of the unit where the damage originated caused the damage or how the damage was caused so long as the damage was not caused by the Corporation, its Officers, Directors, agents or employees.

15.03 Where damage occurs to the common elements and the cause of said damage originates from an Owner's unit and where such damage is covered under the Corporation's insurance, the Owner of the unit where the damage originated shalt be responsible for the aggregate cost of repairing all of the damage incurred up to a maximum of the Corporation's deductible amount regardless of whether or not the Owner of the unit where the damage originated caused the damage or bow the damage was caused so long as the damage was not caused by the Corporation, its Officers, Directors, agents or employees.

15.04 In addition to any other rights provided for pursuant to the Act, if an Owner defaults in the payment of any monies owing pursuant to this Article, the Corporation shall have a lien against the Owner's unit and its appurtenant common interest for the unpaid amount together with all legal fees and disbursements on a solicitor-client scale, management costs and reasonable expenses incurred by the Corporation in connection with the collection or attempted collection of the unpaid amount and enforced pursuant to Article XIII,

B. STANDARD UNIT DEFINITION

Repealed Jan 12, 2019 and replaced with By Law 8, as approved at the 2018 AGM and effective as of it registration, Jan 12, 2019

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There shall be three classes of standard unit for the Corporation as referenced in Schedule B to the Corporation's Declaration as follows:

"Class I Commercial Unit" which shalt include all of the units within the Corporation designated for commercial purposes in the Declaration and described as the monuments controlling the extent and location of the commercial units on Levels 1 and 2 as described and numbered in the Corporation's Description;

"Class 11 Residential Unit" which shall include all of the units within the Corporation designated for residential purposes in the Declaration and described as the monuments controlling the extent and location of the residential units on Levels 3 to 25 inclusive as described and numbered in the Corporation's Description; and

"Class Ill Penthouse Unit" which shall be the residential unit described as the monuments controlling the extent and location or Unit 1 on Level 26 as described and numbered in the Corporation's Description;

Class I Commercial Unit

The Builder's Standard interior doors; all interior walls completed to the drywall (1/2" thickness of drywall or such greater thickness as required by the Ontario Building Code) which includes taping, sanding and primer paint (no finishing paint); and all partitions and walls between the units and common elements, walls completed to the drywall (1/2" thickness of drywall or such greater thickness as required by the Ontario Building Code) which includes taping, sanding and primer paint (no finishing paint). All installations with respect to the provision of:

heat, ventilation and air conditioning (For clarity, the central air conditioning unit inside the unit is not part of the Standard Unit Description and is the Owner's responsibility to insure);
electricity including outlets/switches;
telephone
smoke detectors required by law;

Class 11- Residential Unit

The Builder's Standard interior doors, toilets, bathtubs, shower stalls, bathroom sinks, showers, kitchen sink, plumbing (bathroom and kitchen) fixtures, light fixtures, closets (including linen closet), stairs, railing, handrails, kitchen cupboards inclusive of counter tops, and bathroom vanities, inclusive of countertops. All interior walls completed to the drywall (1/2" thickness of drywall or such greater thickness as required by the Ontario Building Code) which includes taping, sanding and primer paint (no finishing paint). All partitions and walls between the units and common elements, walls completed to the drywall (1/2" thickness of drywall or such greater thickness as required by the Ontario Building Code) which includes taping, sanding and primer paint (no finishing paint).

All installations with respect to the provision of:

water, drainage, and sewage services;
heat, ventilation and air conditioning;
electricity including outlets/switches;
telephone and cable rough-ins (maximum of two locations for cable)
smoke detectors required by law;
standard electrical outlet for stove;
rough-ins for dishwasher and en suite intercom security system;

Class III- Penthouse Unit

All installations with respect to the provision of:

water, drainage, and sewage services;
heat, ventilation and air conditioning;
electricity including outlets/switches;
telephone and cable rough-ins (maximum of two locations for cable);
smoke detectors required by law;
standard electrical outlet for stove;
rough-ins for dishwasher and en suite intercom security system;

For all classes of Units, the following applies:

The Standard Unit shall be defined as all of those components of the Unit contained within its boundaries, as defined in the Declaration and Description of the Corporation and as stated in this By-law's Standard Unit Description, Anything within the unit boundaries of a Unit which is over and above this By-law's Standard Unit Description shall be considered an improvement to the unit. For greater certainty and without limiting the generality of the foregoing, interior trim (casing baseboard, doors and shelving), all floor coverings, wall coverings (including paint and/or wallpaper) and window coverings are considered an improvement to the unit and are the responsibility of the Owner to insure.

For clarification, the consequence of such definition of "standard unit" is to cause all components of each unit that is not specifically stated to be part of the standard unit to be defined as an "improvement" thereby making the Owner(s) of such unit completely responsible for all insurance relating thereto and relieving the Corporation from being required to provide or maintain any insurance on account thereof.

The Standard Unit Description shall also include any upgrade or change required by the Ontario Building Code or any other applicable laws or as a result of the unavailability or impracticability of replacing or repairing any component of the Standard Unit as specified in this By-law.

By necessity, the Standard Unit Description shall include any other components of the unit which the Declarant of the Corporation would have been required by law to supply and construct in order to register the condominium.

Any disagreements with respect to the quality or grade of the material to be supplied for the unit shall be solely determined by the Corporation's insurer acting reasonably and in accordance with the Ontario Building Code and any other applicable laws and such decision shall be final and binding.

Notwithstanding anything contained herein to the contrary, the Standard Unit Description shall not include the common elements described in the Corporation's Declaration and Description and specifically without limiting the generality of the foregoing, shall not include:

(a) any concrete slab floors, load-bearing columns, structural members or any load-bearing partitions contained within the Unit;

(b) any insulation or vapour barriers;

(c) such pipes, wires, cables, conduits, ducts, flues, shafts or public utility lines used for power, cable television, water or drainage that are within any wall or floor and provide services to more than one unit;

(d) but the Unit shall include the fixtures, outlets and other facilities with respect to such service facilities which are within the boundaries of the Unit and which service the Unit only;

(e) any enclosures or spaces reserved for the use of items set out in Paragraph (c) hereof and show on Architectural Plans,

C. INSURANCE APPRAISAL

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For the purpose of ensuring there is adequate insurance coverage as required by the Corporation's Declaration and the Act, the Corporation shall consider obtaining an independent insurance appraisal for the Corporation every five (5) years or at any such other time as deemed necessary by the Board of the Corporation in its sole discretion.

D. DIRECTORS & OFFICERS INSURANCE

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See Articles 4.10 and 4.11 hereof.

ARTICLE XVI PROPERTY TAX ASSESSMENTS

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16.01 The Corporation is authorized to object to assessments made under the Assessment Act of Ontario as amended on behalf of the Owners, at the sole discretion of the Board of Directors.

16.02 Prior to making an objection pursuant to this Article, the Corporation shall give such reasonable written notice to the Owners of its intent to object and the reasons for objection unless a limitation period would be missed by virtue of giving such notice.

16.03 On written notice to the Board given before the hearing of a complaint under section 40 of the Assessment Act of Ontario as amended, an Owner may withdraw a complaint that the Corporation has made on the Owner's behalf.

16.04 All costs incurred by the Corporation in connection with making the objection, including, without being limited to, the cost of any consultants, experts, lawyers or others retained by the Corporation shall be paid for from the common expenses of the Corporation. There shall be no rebate paid to Owners who withdraw from the objection.

16.05 The Corporation shall not be liable to any Owner for any change in the assessment of a unit or for any other matter relating to the objection including, without being limited to, the failure to make an objection within the required time period.

ARTICLE XVII MEDIATION & ARBITRATION PROCEDURE

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17.01 Disagreements subject to Mediation:Pursuant to section 56 (I) (o) of the Act, the procedures contained in this Article XVII shall apply to the mediation of disputes or disagreements between the Corporation and the Owner(s) as follows:

(a) disagreements arising between the Corporation and the Owner(s) in respect to the Declaration, the By-laws and the Rules of the Corporation, pursuant to section 132 (4) of the Act;

(b) disputes by the Owner(s) as to the fair market value of the property or part of the common elements that has been sold by the Corporation, pursuant to section 12S of the Act; and

(c) disagreements with respect to section 98(1) (b) of the Act between a Corporation and the Owner(s) regarding changes made by an Owner to the common elements.

17.02 Pro-mediation Notice: Before a disagreement can be submitted to mediation, a party entitled to apply for mediation under this Article XVII (the "Applicant") shall advise the other party to the disagreement (the "Respondent") in writing of the particulars of the disagreement and the suggestions for resolving it. The Respondent shall have seven (7) days from receipt of such Premediation Notice to respond, in writing, to the Applicant's concerns. If the Applicant is not satisfied with the response or there is no response provided, the Applicant may either, continue efforts to resolve the disagreement or, serve a Request to Mediate in accordance with the provisions contained in 17.04 hereof.

17.03 Dispensing with Pre-mediation Notice:Notwithstanding the provisions of 17.02 hereof, any party to a disagreement may disregard the requirement for Pre-mediation Notice, if he has a genuine concern that to delay the mediation process would unduly prejudice any party having regard to the circumstances requiring the mediation.

17.04 Request to Mediate: Any party to a disagreement that is governed by this Article XVII who wishes to start the mediation process (the Applicant) must send a Request to Mediate to the other party(s) (the Respondent) and such Request to Mediate must include a copy of this Article XVII and set out the following particulars:

(a) the names of the parties involved;

(b) the facts and issues in dispute;

(c) reasonable suggestions for resolving the dispute which are not contrary to the Act, the Declaration, the By-laws and the Rules of the Corporation;

(d) a request for a mediation;

(e) the names of three (3) independent persons qualified to provide mediation services in accordance with this Article XVII, their addresses and telephone numbers, any of whom the Applicant agrees to accept as the mediator of the disagreement; and

(f) the date and signature of the Applicant.

The Board of Directors or any Mediation Committee that the Board of Directors may establish for such purpose, shall be entitled to prepare a Request to Mediate Form, which shall contain the particulars set out above in this Article 17.04 and a Mediation Policy, which shall conform to this Article and the Act.

17.05 Response to Mediate: Upon receipt of a Request to Mediate, the Respondent shall have seven (7) days to prepare a Response to Mediate to the Applicant and such Response to Mediate must set out the following particulars:

(a) the names of any additional parties involved which were not included in the Request to Mediate;

(b) the facts and issues in dispute;

(c) reasonable suggestions for resolving the dispute which are not contrary to the Act, the Declaration, the By-laws and the Rules of the Corporation;

(d) an acceptance of the request fora mediation;

(e) the acceptance of one of the three proposed mediators in the Applicant's Request to Mediate or the names of three (3) independent persons qualified to provide mediation services in accordance with this Article XVII and their addresses and telephone numbers, any of whom the Respondent agrees to accept as the mediator of the disagreement; and

(f) the date and signature of the Respondent.

The Board of Directors or any Mediation Committee that the Board of Directors may establish for such purpose, shall be entitled to prepare a Response to Mediate Form on such terms as the Board deems fit but in any such event the Response to Mediate Form shalt contain the particulars set out above in this Article 17.05.

17.06 Failure to respond to Request to Mediate:If the Respondent fails to prepare the Response to Mediate within the required time or refuses to submit the disagreement to mediation, the Respondent shall be deemed to have accepted the appointment of any of the persons listed in the Request to Mediate to act as the mediator as chosen by the Applicant.

17.07 Failure to agree upon Mediator: If the parties agree to mediate but cannot agree on a mediator within seven (7) days of receipt by the Applicant of the Response to Mediate, any party to the proposed mediation may apply to the National Canadian Condominium Institute for a recommendation of a mediator and the parties shall be deemed to have agreed to accept that mediator for the mediation.

17.08 Limitation Period for selecting Mediator:The limitation period for selecting a mediator established in the Act shall start running as of the date the Request to Mediate is delivered to the Respondent.

17.09 Qualifications of a Mediator: To be qualified to act as a mediator for a dispute governed by this Article, the mediator must have a proven knowledge of mediation along with a basic understanding of condominium law and administration evidenced by practical experience and formal education,

17.10 Role of Mediator: The mediator shalt be a neutral third party to facilitate communication among the parties to a dispute, to assist them in reaching a mutually acceptable resolution. The mediator shall not provide legal advice. Each party is advised to retain and consult with his own lawyer.

17.11 Conduct of Mediation: The mediation procedure and proceedings are privileged. All written and oral communications, negotiations and settlements, including, but not limited to the Premediation Notice, the Request to Mediate, and the Response to Mediate and any other communication made in the course of mediation including but not limited to the mediator's decision, shall be treated as privileged settlement discussions and shall be confidential to the fullest extent provided by law unless the parties agree otherwise in writing.

17.12 The parties shall not demand the production of any records, notes, work product or other documents relating to the mediation from the mediator or call the mediator or anyone else associated with the mediation as a witness in any legal or administrative proceeding concerning the parties save and except for the purpose of enforcing any breach of a written agreement entered into by the parties resulting from the mediation procedure.

17.13 When a settlement is reached between the parties the mediator will prepare a written record of the settlement decision which shall form part of the agreement or matter that was the subject of the mediation.

17.14 Each party shall pay the fees and expenses relating to the mediation that the settlement agreement reached between them specified if a settlement is obtained or that the mediator specifies in the notice stating that the mediation has failed. Each party shall jointly and severally pay in advance such deposits as the mediator shall reasonably require towards the costs of the mediation. Failure to pay such costs by the Owner shall be enforced pursuant to Article XIV of this By-law.

17.15 The mediation shall take place at such location as the mediator may choose provided that it is located within the municipality of the Corporation.

17.16 Failure of Mediation: In accordance with section 132 (1) of the Act, if the mediator determines that the mediation will not take place or has failed, the matter under dispute shall be submitted to arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in default of agreement, such arbitrator shall be appointed by a Judge of the Ontario Superior Court of Justice at Windsor upon the application of any of the said parties and a Judge of the Ontario Superior Court of Justice at Windsor shall be entitled to act as such arbitrator, if he so desires, Any such arbitration shall be held in the County of Essex. The procedure to be followed shall be agreed by the parties or, in default of agreement, determined by the arbitrator. The arbitrator shall have the power to proceed with the arbitration and to deliver his award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitrations Act of Ontario. Such arbitration shall be a condition precedent to the commencement of any action at law. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

17.17 Delivery of Notices: Any notices to be delivered pursuant to this Article XVII shall be delivered in accordance with Article XX of this By-law.

17.18 Application of this Article XVII:Nothing in this Article XVII shall preclude the Corporation or an Owner from exercising any of the rights or remedies afforded to them under this Act or under any other legislation or laws.

The requirement to mediate shall not apply to a disagreement between the Corporation and an Owner(s):

(a) where the disagreement has already been submitted to mediation; or

(b) where there is a breach of the Act.

ARTICLE XVIII DAMAGE

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18.01 Procedure Where Damage Occurs: Subject to Section 123 of the Act, as amended, where the Board has determined that there has been substantial damage to the buildings for which the cost of repair is estimated to equal or exceed 25% of the replacement cost of all the buildings and structures located on the property, the Board shall give notice of such determination within ten (10) days of the determination to all Owners and Mortgagees entered on the Register kept for such purpose, with such notice to the Mortgagees to be sent by registered mail. Such notice may be combined with notice to the Owners of a meeting called for the purpose of voting for repair or termination of the Corporation.

18.02 Plans and Specifications: A complete set of all the original architectural and structural plans and specifications for the buildings, including plans and specifications for any additions, alteration or improvements from time to time made to the common elements or to any unit with the prior consent in writing of the Board shall be maintained in the office of the Corporation at all times, or at such other place as the Board shall from time to time determine by resolution, for the use of the Corporation in rebuilding or repairing any damage to the building, and for the use of any Owner.

ARTICLE XIX GENERAL MATTERS AND ADMINISTRATION

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19.01 Rights of Entry:

(a) The Corporation or any insurer of the property or any part thereof, their respective agents, or any other person authorized by the Board, shall be entitled to enter any unit at all reasonable times and upon giving reasonable notice to perform the objects and duties of the Corporation, and, without limiting the generality of the foregoing, for the purpose of making inspections, adjusting losses, making repairs, correcting any condition which violates the provisions of any insurance policy or policies, and remedying any condition which might result in damage to the property and/or is a violation of the Act or the Declaration, By-laws or Rules of the Corporation,

(b) In case of an emergency, an agent of the Corporation may enter a unit at any time and without notice for the purpose of repairing the unit, common elements, or for the purpose of correcting any condition which might result in damage or loss to the property. The Corporation or anyone authorized may determine whether an emergency exists.

(c) If an Owner shall not be personally present to grant entry to his unit, the Corporation, or its agents, may enter upon such unit without rendering it, or them, liable to any claim or cause of action for damages by reason thereof provided that they exercise reasonable care.

(d) The rights and authority hereby reserved to the Corporation, its agents, or any insurer or its agents, do not impose any responsibility or liability whatever for the care or supervision of any unit except as specifically provided in the Declaration or the By-laws.

19.02 Units, Subject to Declaration By-laws, and Rules of the Corporation: All present and future Owners, tenants and residents of units, their families, guests, invitees or licensees or any other permitted residents and any invitee of the foregoing, shall be subject to and shall comply with the provisions of the Act, the Declaration, the By-laws, and the Rules of the Corporation. The acceptance of a deed or transfer, or the entering into of a lease, or the entering into occupancy of any unit, shall constitute an agreement that the provisions of the Act, the Declaration, the Bylaws, and the Rules, as they may be amended from time to time, are accepted and ratified by such Owner, tenant or resident, and all of such provisions shall be deemed and taken to be covenants running with the unit and shall bind any person having, at any time, any interest or estate in such unit as though such provisions were recited and stipulated in full in each and every such deed/ transfer or lease occupancy agreement.

19.03 Common Elements: No alcohol may be consumed in any of the Corporation's common elements including but not limited to the party room and the pool area.

19.04 Owner's Maintenance, Repair and Replacement Obligations: The Owner shall properly maintain, repair and replace all components within the Owner's unit including but not limited to the hot water tank, toilet, dishwasher, electrical, heating, cooling, plumbing and shall attend to the general maintenance required to render the unit habitable and safe and to protect against damage to the unit, other units and the common elements and assets of the Corporation; the failure to do so will entitle the Corporation to enter into the Owner's Unit in the Board's sole discretion -as deemed necessary to complete such maintenance, repair and replacement, the costs of which shall include but not be limited to the legal costs on a solicitor-client scale, management costs, labour including on-site management and all associated costs (collectively called "Costs") and such Costs shall be added to the Owner's contribution of common expenses and enforced in accordance with the Act, the Corporation's Declaration and Article XIII and XIV of this By-law.

19.05 Owner's Move-Out Procedure & Deposit:At least Seven (7) days prior to the Owner vacating his Unit, the Owner shall provide a "move-out" deposit to the Corporation in such amount as may be determined by the Board in its sole discretion. The deposit shall be returned to the vacating Owner less any costs incurred by the Corporation as a result of damage found in the vacating Owner's Unit, in the common elements or to any other units determined to be caused by the vacating Owner or by anyone for whom the vacating Owner is in law responsible, including but not limited to any damages or clean up costs, additional management costs and/or legal fees and disbursements on a solicitor-client scale incurred to enforce this Article. For this purpose, the vacating Owner shall grant the Corporation or its authorized agent access to the vacating Owner's Unit to complete an inspection of said Unit prior to the Owner vacating. Failure of the vacating Owner to grant such access shall be recorded on the Status Certificate along with the requirement to pay to the Corporation sufficient funds to cover the vacating Owner's default resulting therefrom as determined by the Corporation in its sole discretion. The vacating Owner shall comply with any Rules regarding the Corporation's Move-Out Procedures including without limiting the foregoing, the requirement to schedule the move in advance with the on-site custodian and the requirement to use the rear door and north service elevator.

ARTICLE XX NOTICE

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20.01 Method of Giving Notice by the Corporation: Subject to the provisions of The Act, any notice of document required to be given or delivered by the Corporation shall be sufficiently given if delivered personally to the person to whom it is to be given, or delivered to the address noted in the Register, or mailed by prepaid first class post to such address. Such notice or document shall be deemed to have been given when it is delivered personally or delivered to such address; provided that if mailed it shall be deemed to have been given when deposited in a post office or public mail box.

20.02 Notice to the Board or Corporation: Any notice or other document to be given to the Board or Corporation shall be sufficiently given if mailed by prepaid first class post in a sealed envelope addressed to it at the mailing address of the Corporation, or if delivered to the address for service. Such notice or document shalt be deemed to have been given when it is delivered personally or delivered to such address; provided that if mailed, it shall be deemed to have been given when deposited in a post office or public mail box except notice to the Corporation for the requisition of a meeting of Owners may be given in accordance with section 46 of the Act.

ARTICLE XXI MISCELLANEOUS

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21.01 Invalidity: Each of the provisions of this By-law shall be deemed independent and severable and the invalidity or unenforceability in whole or in part of any one or more of such provisions shall not impair or affect in any manner the validity and enforceability or effect of the remainder of this By-law and in such event all other provisions of this By-law shall continue in full force and effect as if such invalid provision had never been included herein. 21.02 Gender: The use of the masculine gender in this By-law shall be deemed to include the feminine and the neuter genders and the use of the singular shall be deemed to include plural wherever the context so requires.

21.03 Waiver: No provision in this By-law shall be deemed to have been abrogated or waived by reason of any failure to enforce it, irrespective of the number of violations or breaches thereof which may occur.

21.04 Headings: The headings in the body of this By-law form no part thereof but shall be deemed to be inserted for convenience of reference only.

The foregoing By-law is hereby passed by the Directors of the Corporation pursuant to the Condominium Act, 1998, as evidenced by the respective signatures hereto of a majority of the Directors of the Corporation.

DATGED at the City of Windsor this 10^th day of December 2003

President

Vice-President

Treasurer

Secretary

Director

This By-law has been confirmed by not less than 51% of the owners of the Corporation, pursuant to the provisions of the Condominium Act, as amended.

Secretary

© October 3003 Andrea M. Thielk, Clarks Barristers & Solicitors
This By-law shall not be reproduced in its entirety or in part other than by the Essex Condominium Corporation No. 17 for its own use.

Email:	rwtcondo@gmail.com
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Fax:	+ 1 519.973.9599

By-Law 6

Certificate

BY-LAW NO. 6

ARTICLE I DEFINITIONS

ARTICLE II SEAL

ARTICLE III REGISTER

ARTICLE IV BOARD OF DIRECTORS

ARTICLE V OFFICERS

ARTICLE VI MEETING OF OWNERS

ARTICLE VII LEASING OF COMMON ELEMENTS

ARTICLE VIII NON-RESIDENT OWNERS

ARTICLE IX BANKING ARRANGEMENTS AND CONTRACTS

ARTICLE X FINANCIAL

ARTICLE XI RESERVE FUND

ARTICLE XII ASSESSMENT AND COLLECTION OF COMMON EXPENSES

ARTICLE XIII DEFAULT

ARTICLE XIV INDEMNIFICATION

ARTICLE XV INSURANCE

A. INSURANCE DEDUCTIBLE

B. STANDARD UNIT DEFINITION

Class I Commercial Unit

Class 11- Residential Unit

Class III- Penthouse Unit

C. INSURANCE APPRAISAL

D. DIRECTORS & OFFICERS INSURANCE

ARTICLE XVI PROPERTY TAX ASSESSMENTS

ARTICLE XVII MEDIATION & ARBITRATION PROCEDURE

ARTICLE XIX GENERAL MATTERS AND ADMINISTRATION

ARTICLE XX NOTICE

ARTICLE XXI MISCELLANEOUS

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