ESSEX CONDOMINIUM CORPORATION NO. 17

BY-LAW NO. 8 (Standard Unit By-law)

WHEREAS by section 56 (1)(h) of the Condominium Act 1998, the board may, by resolution, make amend or repeal by-laws to establish what constitutes a standard unit for each class of unit specified in the by-law for the purpose of determining the responsibility for repairing improvements after damage and insuring them.

THEREFORE BE IT ENACTED as a By-law of Essex Condominium Corporation No. 17 (hereinafter referred to as "the Corporation") as follows:

1. All words used herein which are defined in the Condominium Act, 1998, (the "Act") shall have ascribed to them the meanings set out in the Act as amended from time to time, unless otherwise intended by the context hereof.
2. For the purposes of Section 56(1)(h) of the Condominium Act, 1998, the Corporation shall have two classes of standard unit for the Corporation as referenced in Schedule B to the Corporation's Declaration as follows:
   
   "Class I - Commercial Unit" which shall 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 unit on Levels 1 and 2 as described and numbered in the Corporation's Declaration;
   
   "Class II - 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 26 inclusive, plus penthouse, as described and numbered in the Corporation's Declaration.
   
   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 baseboards, interior 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 are 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. This will relieve the Corporation from being required to provide or maintain any insurance on account thereof so as to reduce the Corporation's overall liability exposure and keep insurance premiums to a minimum, thus reducing their impact to common fees.
   
   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.
   
   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 load-bearing partitions contained with 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 shown on Architectural Plans.
   
   
3. The specifications for the Standard Unit for the two classes of Unit within the Corporation shall be the specifications attached hereto as Schedule "A"
   
   
4. By-Law #6, Article XV, Section B STANDARD UNIT DEFINITION, is hereby repealed.
   
   
5. By-Law # 7 is hereby repealed.
   
   The foregoing By-Law Number 8 is hereby passed by all the directors of the Corporation pursuant to the Condominium Act, 1998, as evidenced by the respective signatures hereto of all the directors.
   
   DATED this 20^th day of September, 2017.

BY-LAW 8 SCHEDULE"A"

The following are the standard specifications for the components on the property, including those components which form part of the Units.

Nothing in this Schedule shall alter the boundaries between the Units and the Common Elements, as established in the Declaration of Description, nor the respective obligations of the Owners and the Corporation with respect to maintenance and repair, save that all components, for which a Unit Owner is responsible, must be maintained and repaired to the specifications set out herein. To determine whether a given component falls within a Unit, and to determine whether responsibility for maintenance and repair of a given component is the Unit Owner's or the Corporation's, the provisions of the Condominium Act, 1998 and the Corporation's Declaration must be reviewed.

Class I - Commercial Unit

All installations with respect to the provision for:

• 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 outlet/switches
• Smoke detectors required by law

For clarity, the Standard Unit is considered to be in a "bare bones" state and shall exclude all drywall on all interior surfaces of the Unit and shall exclude all interior partition walls and all cabinetry, counters, shelving, doors, fixtures and finishes within the Unit.

Class II - Residential Unit

1.  Electrical and Telecommunication 

1.1   70 amp electrical service to 100 amp panel

1.2   All copper wiring

1.3   Electrical outlets to builder's standard

1.4   Living room switched receptacle

1.5   Standard building light fixtures throughout the unit

1.6   1 exterior weatherproof outlet (for balcony common element)

1.7   1 smoke detector

1.8   Kitchen exhaust vent (vented to the exterior)

1.9   Rough-in for 1 cable television service

1.10  Rough-in for 3 or 4 telephone service

1.11  Stove 40 amp outlet and 1 refrigerator outlet

1.12  Rough-in for baseboard heating

2.      Mechanical

2.1  Copper water lines

3.1  Steel 2 ³/4 inch casing, painted to prime, on all doors

For clarity, the Standard Unit is considered to be a "bare bones" state and shall exclude all drywall on all interior surfaces of the Unit and shall exclude all interior partition walls, cabinetry, counters, shelving, doors, flooring, fixtures and finishes within the Unit.