I.                   INTRODUCTORY

(1)

Definitions  (Top)

The terms used herein shall have ascribed to them the definitions contained in the Act.

The following terms used herein which do not have definitions ascribed to them in the Act shall have the following meanings:

(a)

Residential units means all units located on Level 3 to Level 26 both inclusive as set out on Sheets 3 to 10, both inclusive, Part 2 of the description;

(b)

Commercial units means all units located on Level 1 and Level 2 as set out on sheets 1 and 2, Part 2 of the description. (2)

(2)

The Declarant intends that the land and interests appurtenant to the land described in the description be governed by the Act.

(3)

The monuments controlling the extent of the units are the physical surfaces mentioned in the boundary of the units contained in Schedule "B" attached hereto.

(4)

Each owner shall have an undivided interest in the common elements as a tenant in common with all other owners and shall contribute to the common expenses in the proportions set forth opposite each unit number in Schedule "C" attached hereto. The total of the proportions of the common interests shall be one hundred percent (100%).

(5)

The Corporation's address for service and mailing shall be Suite 303, 380 Ouellette Avenue, Windsor, Ontario, N9A 6X5, or such other address as the Board may by resolution determine and notice of which in the prescribed form is registered.

II.                 COMMON EXPENSES

(1)

Specification of Common Expenses  (Top)

Common expenses means the expenses of the performance of the objects, duties and decisions of the Corporation and, without limiting the generality of the foregoing, shall include those expenses set out in the Act and in Schedule "D" attached hereto, but shall exclude repayment of and payment of the cost of any borrowing of money which:

(i)

is itself in excess of the sum of THREE THOUSAND ($3,000.00) Dollars; or

(ii)

when added to any outstanding and unpaid borrowing of the Corporation, raises the total outstanding and unpaid borrowings of the Corporation to more than the sum of THREE THOUSAND ($3,000.00) Dollars; unless such borrowing is separately approved by a Resolution passed by a majority vote of Owners at a meeting duly called for the purpose of obtaining such approval.

III.              COMMON ELEMENTS

(1)

Use of Common Elements  (Top)

Subject to the provisions of the Act, the Declaration and the by-laws, and any rules and regulations passed pursuant thereto, each Owner of a unit has the full use, occupancy and enjoyment of the whole or any part of the common elements, except as herein otherwise provided.  Provided however, that from the time of registration of this Declaration until thirteen (13) months after the transfer from the Declarant of the title to the last unit herein, the Declarant shall have the right to use the portion of the common elements designated as a manager's office on Level 2 in the description, for a temporary office to be used by its customer service representative to manage the execution of the Declarant's warranty programme.  Subject to the provisions of the Act, the Declaration and the by-laws, and any rules and regulations passed pursuant thereto, the Owner of a commercial unit shall not have any access to or right to use, occupy or enjoy any part of the common elements, the exclusive use of which has been granted to Owners of residential units or the Owners of other Commercial units pursuant to paragraph 2 of this Article III hereof; and the Owner of a residential unit shall not have any access to or right to use, occupy or enjoy any part of the common elements the exclusive use of which has been granted to Owners of other residential units or to the Owners of Commercial units pursuant to paragraph 2 of this Article III hereof. Where paragraph 2 of Article IV has been complied with, the Tenant of a Unit shall have the same right of access, use, occupation and enjoyment of any part of the common elements, including the portion of the common elements used for recreational purposes, as the Owner of such unit would have if there were no lease in effect. If a unit is leased, the Owner thereof shall not have any right of use, occupation or enjoyment of any part of the common elements.

(2)

Exclusive Use Common Elements

Subject to the provisions of the Act, the Declaration, the By-laws and the rules and regulations of the Corporation passed pursuant thereto:

(a)

The Owner of each residential Unit shall have the exclusive use of those parts of the common elements as set out in Schedule "E" attached hereto.

(b)

The Owners of residential units shall have the exclusive use of those parts of the common elements on Level 1 and Level 2 designated as R1 on Sheet 1 and 2, Part 3 of the description.

(c)

The Owners of residential Units shall have the exclusive use of all the common elements on levels A, B, C and D and all the common elements situate above Level 2, save and except any portion of the common elements the exclusive use of which is allocated in Schedule "E" to the Owner of a specific residential Unit pursuant to Paragraph (a) hereof.

(d)

The Owners of Units 4 to 14 on Level 2 shall have the exclusive use of that part of the common elements on Level 2 designated as Cl on Sheet 1, Part 3 of the description.

(e)

The Owners of Units 1 to 12 on Level 1 and the Owners of Units 1 to 14 on Level 2 shall have the exclusive use of those parts of the common elements on Level 1 designated as C2 on Sheet 1 and 2, Part 3 of the description.

(3)

Restrictive Access

Without the consent in writing of the Board, no Owner shall have any right of access to those parts of the common elements used from time to time as a dwelling for a building superintendent, management office, utilities areas, building maintenance storage areas, operating machinery, or any other parts of the common elements used for the care, maintenance or operation of the property.

Provided however, that this paragraph shall not apply to any first mortgagee holding mortgage on at least ten percent (10%) of the Units who shall have a right of access for inspection upon forty-eight (48) hours notice to the building manager.

(4)

Modifications

(a)

For the purposes of Subsection 1 of Section 38 of the Act, the Board shall decide whether any addition, alteration or improvement to, or renovation of, the common elements, or any change in the assets of the Corporation is substantial. In the absence of prompt application to a court of competent jurisdiction to set aside the decision of the Board, such decision shall be deemed to be conclusive.

(b)

No alteration, work, repairs, decoration, painting, maintenance, structure, fence, screen, hedge or erection of any kind whatsoever (the work) shall be performed, done, erected or planted within or in relation to the common elements (including any part thereof of which any Owner or group of Owners has the exclusive use) except by the Corporation or with its prior written consent or as permitted by the by-laws or rules of the Corporation, or as required by the Declaration.

(c)

The Corporation shall have access at all reasonable times to any part of the common elements of which any Owner or Tenant or group of Owners or Tenants has the exclusive use in order to do the work.

(5)

Pets

(a)

No animal, livestock or fowl shall be permitted or kept upon any part of the common elements other than the parts of the common elements of which an Owner has exclusive use.

(b)

No animal, livestock or fowl other than a pet being a canary, budgie or other small bird, goldfish or tropical fish shall be permitted or kept upon the parts of the common elements, of which the Owner has the exclusive use.

(c)

No pet that is deemed by the Board in its absolute discretion to be a nuisance shall be kept by any Owner. Any Owner receiving a written notice from the Board requesting removal of such pet by reason thereof shall permanently remove such pet from the property within two (2) weeks of receipt of the notice.

(6)

Right to Use Recreational Facilities

(a)

Except as provided for in sub-paragraph (b) hereof, the Owners of commercial Units shall not be entitled to the use of that portion of the common elements used for recreational purposes.

(b)

Notwithstanding the provisions of sub-paragraph (a) above, the Corporation may by by-law permit the Owners of Commercial Units and persons employed in Commercial Units to use the part of the common elements used for recreational purposes upon payment of such fee, for such period of time, and subject to such terms and conditions as are set forth in such by-law.

(7)

Leasing of Common Elements

The Corporation may lease upon such terms and conditions as the Directors shall determine, any part of the common elements, except any portion of the common elements over which an Owner shall have exclusive use, provided that:

(a)

The leasing of such part of the common elements has been authorized by a Resolution of the Board of Directors of the Corporation, or if required by law, the leasing of such part of the common elements has been authorized by by-law, or by special by-law; and

(b)

The Lessee of such part of the common elements delivers to the Corporation an agreement signed by such Lessee to the following effect:

I, _____________________________________________________, covenant and agree that I will in the use of part of the common elements rented to me comply with the Condominium Act, the Declaration and the By-laws and all rules and regulations of the Condominium Corporation during the term of my tenancy.

IV. UNITS

(1)

Occupation and Use  (Top)

The occupation and use of the units shall be in accordance with the following restrictions and stipulations:

(a)

Each residential unit shall be occupied and used only as a private single family residence and for no other purpose, provided, however, that the foregoing shall not prevent the Declarant from completing the building and all improvements to the property, maintaining units as models for display and sale purposes, and otherwise maintaining construction offices, displays and signs until the sale by the Declarant of all units therein.

(b)

Each commercial Unit shall be occupied and used only for the following uses: a business or professional office space, a retail store for the sale of clothing, jewellery, household goods, household products, furniture, food products that are not baked or cooked on the premises and are sold only for consumption away from the premises, a barber shop, a hair dresser, a pharmacy, a florist, a service depot for the pick-up and delivery of laundry and dry cleaning, but no laundry or dry cleaning plant may be operated on the premises, a travel agency, a medical laboratory, a bank, a consumers or other financial institution, the sale of office furniture, equipment and supplies. There shall be no cooking or baking of food products within any commercial unit.

(c)

Commercial Units may be open to the public for business between the hours of 8:00 A.M. and 10:00 P.M. each day including Sunday. The Corporation may by by-law extend the hours during which any such Unit may be open to the public, but the Corporation may not abridge or restrict such hours.

(d)

The Owners of commercial Units on Level 1 may display signs indicating the name and nature of their business, but all such signs displayed by the Owners of Level 1 commercial Units shall be internally illuminated facia type signs meeting the specifications and being placed in the location set out in sub-paragraph (f) of this Clause IV.

(e)

No signs shall be visible from the exterior of the building other than the signs to be displayed by the Owners of the commercial Units on Level 1 pursuant to sub-paragraph (d) hereof. The Owner of each commercial Unit on Level 2 may display its name or the name of its firm and the nature of its business through lettering displayed in one location upon either the door entering the commercial Unit from the common area access corridor or on a window abutting the common area access corridor. All such lettering shall be of the size and of the material directed by the By-law of the Board of Directors regulating the use of signs on the interior doors and windows of commercial Units.

(f)

The display signs that may be installed by the Owners of commercial Units on Level 1, shall meet the following specifications:

(i)

Box: The bottom edge of the Box defining the depth, height and length of the sign is to be flush with the top mullion of the windows of the subject commercial Unit. The height from the top edge of the Box to the bottom edge of the Box shall be 24 inches. The width of the Box shall be equal to the frontage of the commercial Unit extending between the building columns, provided however, that no sign whatsoever shall be attached to or permitted upon any of the building columns;

(ii)

Materials: The Box is to be constructed of sheet metal with EX-7 aluminum frame, and shall have a 3.16 inch clear acrylic plastic facing. The Box frame and facing is to be primed and painted with the colour required to match the curtain wall, frame and panels defining the exterior frontage of the commercial Unit. The paint is to be a matt finish. The facing plastic is to be painted on the outside so as to reduce glare. The lettering defining the name and nature of the business is to be painted on the inside of the plastic facing and the colour of the lettering shall match the colour of the frame.

(iii)

Illumination of Signs: The signs shall be internally illuminated with white high-output fluorescent lamps similar to SGN-HO at eight (8") inch centres, and ballasts are to be outdoor type thermally protected ballasts. All signs must be CSA approved and electrical wiring must be provided at the face of the building before any sign can be installed.

(g)

Notwithstanding the provisions of sub-paragraphs (a), (b), (c), (d), (e) and (f) of this paragraph, any party owning ten (10) or more of the Residential Units, and actively taking all reasonable steps to sell such Units, may maintain model suites and a sales office, and may display signs in reasonable locations directing people to such sales office and model suites, but all such activities must be conducted so as not to interfere with the reasonable use and enjoyment of the common elements by the Owners.

(h)

No unit shall be occupied or used by anyone in such a manner as to result in an increase in the rate of fire insurance on the property or the risk of the cancellation, or threat of cancellation of any policy of insurance maintained pursuant to the Act or this Declaration.

(i)

The Owner and Tenant of each Unit shall comply and shall require all residents and visitors to his Unit or to any part of the common elements to comply with the Act, this Declaration, the by-laws of the Corporation and any rules and regulations passed pursuant thereto.

(j)

Except with the prior consent in writing of the Board, or except as permitted by the by-laws of the Corporation, no Owner or Tenant shall make any structural change or alteration in or to his unit including the removal and installation of toilet, bath tub, wash basin, sink, heating, air conditioning, plumbing or electrical installation contained in or forming part of his Unit, or alter the design or colour of any part of his Unit where such change, alteration, decoration or painting is normally visible from the exterior thereof, or make any change to or installation upon the common elements, or maintain, decorate, alter or repair any part of the common elements except for maintenance of those parts of the common elements which he has the duty to maintain.

(k)

No animal, livestock or fowl other than a pet being a canary, budgie, or other small bird, goldfish or tropical fish shall be kept or permitted in any unit. No pet that is deemed by the Board in its absolute discretion to be a nuisance shall be kept by any Owner or Tenant in any Unit. Any Owner or Tenant receiving written notice from the Board requesting removal of such pet by reason thereof, shall permanently remove such pet from the property within two (2) weeks of receipt of the notice. Breeding of pets shall not be carried on in or around any Unit.

(2)

Requirements for Leasing

(a)

Where an Owner of a Unit shall lease such Unit, the Tenant shall deliver to the Owner and the Corporation whenever requested by either of them, an acknowledgment and covenant signed by the Tenant, to the following effect: 

I, _________________________________________, covenant and agree that I, the members of my household, and my guests from time to time, will, in using the unit rented by me and the common elements, comply with the Condominium Act, the Declaration, the By-laws, and the rules of the Condominium Corporation, during the term of my tenancy.

At the time of entering into any lease of any Unit, the Owner shall notify the Corporation in writing of the existence of the Lease, the name and address of the Tenant, and the address of the Owner.

(b)

No tenant shall be liable for the payment of common expenses unless notified by the Corporation that the Owner is in default of payment of common expenses, in which case the Tenant shall deduct from the rent payable to the Owner the Owner's share of the common expenses, and shall pay the same to the Corporation.

(c)

Any Owner leasing his Unit shall not be relieved thereby from any of his obligations with respect to the Unit, which shall be joint and several with his Tenant.

V.    MAINTENANCE AND REPAIRS

(1)

Repairs and Maintenance by Owners  (Top)

Each Owner shall maintain his Unit and those parts of the common elements of which he has exclusive use and, subject to the provisions of this Declaration and Section 42 of the Act, each Owner shall repair his Unit after damage, all at his own expense.

Notwithstanding that they may be part of the common elements, each Owner shall maintain and clean the interior surface of doors which provide the means of ingress and egress from a Unit, interior surfaces of windows and exterior surfaces of windows where access thereto is available from common elements of which the Owner has the exclusive use. Owners of commercial Units located on the ground floor where access is available from the streets, lanes or sidewalks shall maintain and clean the interior and exterior surfaces of windows bounding their Units.

Notwithstanding that they may be part of the common elements, each Owner shall maintain and clean the interior surface of doors which provide the means of ingress and egress from a Unit, interior surfaces of windows and exterior surfaces of windows where access thereto is available from common elements of which the Owner has the exclusive use. Owners of commercial Units located on the ground floor where access is available from the streets, lanes or sidewalks shall maintain and clean the interior and exterior surfaces of windows bounding their Units.

(2)

Each Owner shall be responsible for all damages to any and all other units and to the common elements, which are caused by the failure of the owner to maintain and repair as required, or by the failure of the Owner to comply with his obligations under the Act, the Declaration and the By-laws of the Corporation, save and except for any such damages to the Units or common elements for which the cost of repairing same may be recovered under any policy or policies of insurance held by the Corporation. The Owner shall forthwith reimburse the Corporation in full for the cost of repairing such damages including legal or collection costs incurred by the Corporation, and all such sums of money shall bear interest at the rate of TWENTY-FOUR PERCENT (24%) per annum. The Corporation shall have a lien enforceable in the same manner as a mortgage for the unpaid amount against the interest of the Owner in the Unit.

(3)

Repairs and Maintenance of Common Elements by the Corporation

The Corporation shall repair and maintain the common elements other than herein provided. The Corporation shall not be responsible to clean the interior surfaces of windows. The Corporation shall not be responsible to clean the exterior surfaces of windows, where access thereto is available from common elements of which the Owner has the exclusive use. The Corporation shall not be responsible to maintain or clean the exterior surfaces of the windows of commercial units located on the ground floor where access is available from the streets, lanes or sidewalks. The Corporation shall be responsible for the removal of snow from walkways and driveways and the maintenance, including grass cutting if any, of those terrace areas of the common elements other than terrace areas the exclusive use of which has been assigned to the Owner of a specific Unit.

VI. DAMAGE

(1)

Procedure Where Damage .Occurs  (Top)

Where the Board, pursuant to Section 42 of the Act, has determined-that there has been substantial damage to twenty-five percent (25%) of the building, a meeting of the Owners shall be called for the purpose of voting for termination.

(2)

Plans and Specifications

A complete set of all plans and specifications given to the Board by the Declarant together with plans and specifications for any additions, alterations 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, for the use of the Corporation in rebuilding or repairing any damage to the Building, and for the use of any Owner or any Mortgagee.

VII.                       INSURANCE TRUSTEE AND PROCEEDS OF INSURANCE

(1)

Insurance Trustee  (Top)

The Corporation shall enter into an agreement with an-Insurance Trustee which shall be a Trust Company registered under - The Loan and Trust Corporations Act, or-shall be a Chartered Bank, which agreement shall, without limiting its generality, provide the following:

(a)

The receipt by the Insurance Trustee of any proceeds of insurance payable to the Corporation where such proceeds exceed the sum of FIVE THOUSAND ($5,000.00) DOLLARS;

(b)

The holding of such proceeds in trust for those entitled thereto pursuant to the provisions of this Declaration;

(c)

The disbursement: of such proceeds in accordance with the provisions of the Declaration and the Insurance Trust Agreement;

(d)

The notification by the Insurance Trustee to the Mortgagees of any insurance monies received by it.

In the event that the Corporation is unable to enter into such Agreement with such Trust Company, or such Chartered Bank, by reason of their refusal to act, the Corporation may enter into such agreement with such other Corporation authorized to act as a Trustee, as the Owners may approve by By-law at a meeting called for that purpose. The Corporation shall pay the fees and dis­bursements of any Insurance Trustee and any fees and disbursements shall constitute a common expense.

(2)

Insurance Proceeds

(a)

The proceeds of any policies of insurance shall be held by the Insurance Trustee and disbursed by the Insurance Trustee to the extent required to satisfy the respective obligations of the Corporation and the Owner to repair;

(b)

In the event that there is termination in accor­dance with the provisions of Section 43 of the Act, or otherwise, the Insurance Trustee shall hold all proceeds for the Owners in the proportion of their respective interests in the common elements and shall pay such proceeds to the Owners in such proportions, upon registration of a notice of termination or similar instrument;

(c)

Where insurance proceeds are received by the Corporation rather than the Insurance Trustee, they shall be held in trust and applied for the same purposes as are specified in sub-paragraphs (a) and (b) hereof;

(d)

Every mortgagee shall be deemed to have agreed to waive any right to have proceeds of any insurance applied on account of the mortgage where such application would prevent application of the insurance proceeds in satisfaction of an obligation to repair. This paragraph (d) shall be read without prejudice to the right of a Mortgagee to vote or to consent, if the mortgage itself contains a provision giving the Mortgagee that right, and also the right of Mortgagee to receive the proceeds of any insurance policy, if the property is not repaired.

(e)

Notwithstanding anything to the contrary, any proceeds payable to an Owner of a Unit shall be subject to payment in favour of any Mortgagee or Mortgagees to whom such loss be payable in such policy or policies of insurance or who holds a mortgage registered on the title as of the day prior to such payment, and in satisfaction of the amount due under any liens registered by the Corporation against such unit. Subject to the foregoing, in the event any proceeds shall be payable to the Owner of a Unit while such Owner is indebted to the Corporation, the Insurance Trustee shall pay to the Corporation the Lesser of:

(i)

the amount of such Owner's indebtedness, or

(ii)

the amount of any insurance proceeds payable to such Owner, and remainder, if any of the insurance proceeds payable to the Owner, shall be paid to such Owner.

VIII.                    INSURANCE

(1)

By the Corporation  (Top)

The Corporation shall obtain and maintain to the extent obtainable from the insurance industry, the following insurance, in one or more policies: -

(a)

The Insurance required by the Act with respect to the Units and Common Elements, including Insurance against damage by fire with extended coverage and such other perils as the Board may from time to time deem advisable, insuring:

(i)

The property, including the units, but excluding improvements and betterments made or acquired by an Owner;

(ii)

Personal property, owned by the Corporation but not including furnishings, furniture, or other personal property supplied or installed by Owners.

All the foregoing insurance shall be in an amount equal to the full replacement cost of such real and personal property, without deduction for depreciation, which policy may be subject to a loss deductible clause.

(b)

The Corporation shall obtain and maintain the following additional insurance:

(i)

Public liability and property damage insurance insuring the liability of the Corporation and the Owners from time to time, with limits to be determined by the Board, but not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence and without right of subrogation as against the Corporation, its Directors, Officers, managers, agents, servants and employees, and all the Owners, and any member of the household or guests of any Owner or occupant of a Unit;

(ii)

Boiler, machinery and pressure vessels insurance to the extent deemed required by the Act and by the Board, together with such additional Insurance as the Board may from time to time deem advisable.

(c)

Such policy or policies of Insurance shall insure the interests of the Corporation and the Owners from time to time, as their respective interests may appear, with Mortgagee endorsements, which shall be subject to the provisions of this Declaration and the Insurance Trust Agreement; and shall if obtainable, contain the following provisions: -

(i)

That loss shall be payable to the Insurance Trustee where the proceeds exceed FIVE THOUSAND DOLLARS ($5,000.00) otherwise to the Corporation;

(ii)

Waivers of subrogation against the Corporation, its directors, officers, managers, agents, employees and servants and all Owners and any member of the household or guests of any Owner or occupant of a Unit, except for arson and fraud;

(iii)

that such policy or policies of insurance shall not be cancelled or substantially modified without at least sixty (60) days prior written notice to all parties whose interests appear thereon including the Corporation, any mortgagee noted thereon, and the Insurance Trustee;

(iv)

Waivers of any defence based on co-insurance or of invalidity arising from the conduct or any act or omission or breach of a statutory condition by any person;

(v)

All policies of insurance shall provide that the same shall be primary insurance in respect of any other insurance carried by any Owner;

(vi)

A waiver of the Insurer's option to repair, rebuild, or replace in the event that after damage the government of the property by the Act is terminated.

(vii)

An exclusive right in the Corporation, both on its own behalf and on behalf of the Owners to adjust any loss and settle any claims with respect to all insurance placed by the Corporation, and to give such releases as are required, and any claimant, including the Owner of a damaged unit, shall be bound by such adjustment. Provided however, that the Board may, in writing, authorize an Owner to adjust any loss to his Unit.

(2)

General Provisions

Prior to obtaining any policy or policies of insurance under Paragraph (1) of this Article VIII, or any renewal or renewals thereof, and if any first Mortgagee holding mortgages on at least fifteen (15%) percent of the Units, so requires, and at such other time as the Board may deem advisable, the Board shall obtain an appraisal from an independent qualified appraiser, of the full replacement cost of the property, for the purpose of determining the amount of insurance to be affected pursuant to paragraph (1) of this Article VIII and the cost of such appraisal shall be a common expense:

A certificate or memorandum of all insurance policies and endorsements thereto shall be issued as soon as possible to each Owner and a duplicate original or certified copy of the policy to each mortgagee; renewal certificates or certificates of new insurance policies shall be furnished to each Owner and renewal certificates or certified copies of new insurance policies to each Mortgagee not later than ten (10) days before the expiry of any current insurance policy. The master policy for any insurance coverage shall be kept by the Corporation in its offices, available for inspection by an Owner or Mortgagee on reasonable notice to the Corporation.

(3)

By the Owner

It is acknowledged that the foregoing insurance is the only insurance required to be obtained and maintained by the Corporation and that the following insurance, or any other insurance, if deemed necessary or desirable by any Owner, may be obtained and maintained by such Owner:

(a)

Insurance on any additions or improvements or betterments made after registration of the Declaration or by any Owner to his Unit and for furnishings, fixtures, equipment, decorating and personal property and chattels of the Owner contained within his Unit, and his personal property and chattels stored elsewhere on the property, including his automobile or automobiles, and for loss of use and occupancy of his Unit in the event of damage which policy or policies of insurance shall contain waiver of subrogation against the Corporation, its directors, officers, managers, agents, employees and servants, and against the other Owners and any members of their households, except for vehicle impact, arson and fraud.

(b)

Public liability insurance covering any liability of any Owner to the extent not covered by any public liability and property damage insurance obtained and maintained by the Corporation.

IX.  FIRST MEETING

As soon as practicable after the registration of this Declaration, the Owners may, without notice, hold their first meeting for the purposes of electing Directors. The Board so elected may, without notice, hold its first meeting provided a quorum of Directors is present. (Top)

X.    DIRECTORS

(1)

Statement of Principle (Top)

It is recognized that this Condominium project contains both residential and commercial Units, and that in order for the Corporation to function successfully in accordance with the legitimate aspirations of all Owners, there must be mutual respect of those aspirations and related concerns between the Owners of residential Units and the Owners of Commercial Units, notwithstanding that the latter are much fewer in number than the former.

(2)

Status of Article

Without restricting the validity of this Article as a proper and binding part of this Declaration under the Act, and without restricting the generality of application of paragraph 2 of Article XI of this Declaration, it is hereby expressly stated that Paragraph 2 of Article XI applies to this Article and its contents. To the extent that any portion of this Article may not be otherwise lawfully binding, all Owners, Mortgagees and Tenants, upon and by accepting their conveyances, deeds, transfers, mortgages or leases, recognize and agree to comply with the provisions of this Article X.

(3)

Fair Representation

Commencing with the first election of Directors after the declarant ceases to be the registered Owner of a majority of the Units, one (1) of the Directors of the Corporation at any time shall be a person acceptable to the Owners of Commercial Units. It shall be sufficient to establish acceptability for a person to be designated or approved either in writing by a majority of the Owners of Commercial Units or their respective mortgagees having voting rights, or upon the vote of a majority of the Owners of the Commercial Units or their respective mortgagees having voting rights at a meeting of the Owners of the Commercial Units duly held for that purpose.

(4)

Quorum

Where a Director who is a person acceptable to the Owners of the Commercial Units is present, the quorum for the transaction of business shall be a majority of Directors, or such greater number as may be required by a by-law of the Corporation. Where no Director who is a person acceptable to the Owners of the Commercial Units is present, the quorum shall be two-thirds or such greater number as may be required by a by-law of the Corporation.

(5)

Removal

Any Director who is elected or appointed as a person acceptable to the Owners of the Commercial Units shall be removed from office if he becomes unacceptable to the Owners of Commercial Units, to be established either in writing by a majority of the Owners of the Commercial Units, or their respective mortgagees having voting rights, or upon the vote of a majority of the Owners of Commercial Units or their respective mortgagees having voting rights at a meeting of the Owners of the Commercial Units duly held for that purpose.

XI.  GENERAL MATTERS AND ADMINISTRATION

(1)

Rights of Entry (Top)

(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 at all reasonable times, to enter any Unit or any part of the common elements of which any Owner or group of Owners has the exclusive use upon giving reasonable notice for the purposes of making inspections, adjusting losses, making repairs, correcting any condition which violates the provisions of any insurance policy or policies, remedying any condition which might result in damage to the property, or carrying out any duty imposed upon the Corporation.

(b)

In case of an emergency, an agent of the Corporation may enter a Unit or part of the common elements of which any Owner or group of Owners has the exclusive use, at any time and without notice, for the purpose of repairing the Unit or common elements, or for the purpose of correcting any condition which might result in damage or loss to the property. The Corporation or any one authorized by it 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 Corporation shall retain a key to all locks to each Unit. No Owner shall change any lock or place any additional locks on the doors to any Unit or in the Unit or to any area where parking spaces are located, or to any part of the common elements of which such Owner has the exclusive use without immediately providing to the Corporation a key for each new or changed lock.

(e)

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 this Declaration or the By-laws.

(2)

All Persons Bound by Act, Declaration, By-laws, Rules

All present and future Owners, tenants, and residents of Units, their families, guests, invitees and licencees, shall be subject to and shall comply with the provisions of the Act, this Declaration, the by-laws and the rules of the Corporation.

The acceptance of a deed or transfer, or the entering into a Lease, or the entering into occupancy of any Unit, shall constitute an agreement that the provisions of the Act, this Declaration, the by-laws 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 be 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 or transfer or lease or occupancy agreement.

(3)

Proxy at Meetings of Owners

Any Owner or Mortgagee or other person entitled to vote at any meeting of Owners may by instrument in writing appoint a proxy who need not be a member to attend and act at the meeting in the same manner, to the same extent, and with the same power as if the member were present at the meeting. The instrument appointing a proxy on behalf of a body corporate shall be deemed to be a valid appointment even if it is not executed under the Corporate Seal of such body corporate.

(4)

Invalidity

Each of the provisions of this Declaration 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 be deemed not to impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration, and in such event all the remaining part of any provision and all other provisions of this Declaration shall continue in full force and effect as if such invalid provision or part thereof, had never been included herein.

(5)

Waiver

The failure to take action to enforce any provision contained in the Act, this Declaration, the by-laws, or the rules of the Corporation, irrespective of the number of violations or breaches which may occur, shall not constitute a waiver of the right to do so thereafter, nor be deemed to abrogate or waive any such provision.

(6)

Construction of Declaration

This Declaration shall be read with all changes of number and gender required by the context.

(7)

Headings

The headings in the body of this Declaration form no part of the Declaration but shall be deemed to be inserted for convenience of reference only.

DATED at Ottawa, Ontario, this 30th day of November, A.D., 1982.

IN WITNESS WHEREOF the Declarant has executed these presents under the hands of its proper officers duly authorized in that behalf.

CANADA MORTGAGE AND HOUSING CORPORATION

By ___________________________________

Authorized Officer

By ___________________________________

Authorized Officer

SCHEDULE "A" LOT DESCRIPTION

ALL AND SINGULAR that certain parcel or tract of land hereinafter particularly described, namely, Lots 9, 10, 11, 12, 13, 14 and 15, in Block P, according to registered Plan 85 in the City of Windsor, in the County of Essex, designated as Parts 1, 2, 3, 4 and 5 on a Plan of Survey of record registered in the Land Registry Office for the Land Titles Division of Essex No. 12 at Windsor, as Plan EXR-129, being the whole of the said parcel. (Top)

SCHEDULE "B"  UNIT DESCRIPTION

(1)

The monuments controlling the extent and location of the Commercial Units on Levels 1 and 2 as described and numbered in the Description are the physical surfaces hereinafter described. (Top)

(a)

The unfinished upper surface of the concrete floor slab beneath the Unit.

(a)

The unfinished lower surface of the concrete ceiling slab above the Unit.

(b)

The unfinished interior surface of the concrete columns and beams.

(c)

The unfinished interior face of the concrete or concrete block walls of all exterior walls dividing units from other units or the common elements.

(d)

Vertical planes as controlled by the measurements from aforementioned walls and columns as shown on Sheets 1 and 2, Part 2 of the description filed concurrently herewith.

(e)

In the vicinity of openings for exterior doors and windows the Unit shall extend to the unfinished interior surface of such doors, door frames and window frames, an, d the interior surface of all glass panels therein.

(2)

The monuments controlling the extent and location of the residential units on Levels 3 to 25 inclusive as described and numbered in the Description are the physical surfaces hereinafter described.

(a)

The unfinished upper surface of the concrete floor slab beneath the Unit.

(b)

The unfinished lower surface of the concrete ceiling slab above the Unit.

(c)

In those units comprising more than one floor, all that portion of the concrete slab between the lower surface of the concrete ceiling of the first floor and the upper surface of the concrete floor of the second floor is excluded from the Unit and forms part of the common elements.

(d)

The backside face of the drywall of all exterior walls dividing units from other units or the common elements.

(e)

In the vicinity of openings for exterior doors and windows the unit shall extend to the unfinished interior surface of such doors, door frames and window frames and the interior surfaces of all glass panels therein.

(3)

The monuments controlling the extent and location of Unit 1 on Level 26 as described and numbered in the Description are the physical surfaces hereinafter described.

(a)

The unfinished upper surface of the concrete floor slab beneath the Unit.

(b)

The upper surfaces of the suspended ceiling.

(c)

The backside face of the drywall of all exterior walls.

(d)

In the vicinity of openings for exterior doors and windows the Unit shall extend to the unfinished interior surface of such doors, door frames and window frames and the interior surface of all glass panels therein.

(4)

NOTE: Notwithstanding the foregoing, no Unit shall 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: 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.

(d)

Any enclosures or spaces reserved for the use of items set out in Paragraph (c) hereof and shown on Architectural Plans.

Dated: November 8, 1982.

W. C. Stubberfield,

Ontario Land Surveyor, for Ross A. Clarke Limited

SCHEDULE "C" PROPORTION OF COMMON INTEREST AND CONTRIBUTION

SCHEDULE "D" COMMON EXPENSES

Common Expenses shall include the following: (Top)

(a)

All expenses of the Corporation incurred by it or the Board in the performance of the objects and duties of the Corporation whether such objects or duties are imposed under the provisions of the Act or of this Declaration or performed pursuant to any by-law of the Corporation;

(b)

All sums of money levied or charged to the Corporation on account of any and all public and private suppliers of insurance coverage, taxes, utilities and services, including without limiting the generality of the foregoing, levies or charges for:

°

garbage collection

°

insurance premiums

°

water and sewage, unless separately metered for each Unit

°

electricity, unless separately metered for each Unit

°

waste disposal

°

fuel, including gas, oil, electricity and coal, unless separately metered for each Unit

°

maintenance materials, tools and supplies

°

snow removal and landscaping

°

realty taxes (including local improvement charges) levied against the entire property until such time as taxes are levied against each Unit

(c)

Remuneration payable by the Corporation to any employees deemed necessary for the proper operation and maintenance of the property

(d)

The cost of maintaining fidelity bonds as provided in the by-laws;

(e)

All sums of money paid or payable by the Corporation to or for the benefit of any and all persons, firms or Corporations engaged or retained by the Corporation, the Board, its duly authorized agents, servants and employees for the purpose of performing any or all of the duties of the Corporation, including without limitation legal, engineering, accounting, expert appraisal, advisory, maintenance, managerial and secretarial services;

(f)

The cost of furnishings and equipment for use in and about the common elements including the repair, maintenance, operation, or replacement thereof;

(g)

All sums of money paid or payable by the Corporation pursuant to the provisions of Subsections (4) and (5) of Section 38 of the Act, as amended;

(h)

The cost of borrowing money for the purpose of carrying out the objects, duties and decisions of the Corporation;

(i)

The cost of insurance appraisals;

(j)

The fees of the Insurance Trustee;

(k)

The cost of maintenance, repair and operation of the recreational facilities;

(l)

All properly authorized capital expenditures of the Corporation.

SCHEDULE "E" PARKING SPACE ASSIGNMENT

1

The Owner of any residential Unit whose Unit has direct and sole access to any balcony or terrace shall have the exclusive use thereof. (Top)

2

The Owner of each residential Unit shall have the exclusive use, subject to the provisions of this Declaration, the By-laws and Rules of the Corporation of one storage locker to be designated by the Board of Directors of the Condominium Corporation.

3

The Owner of each residential Unit shall have exclusive use, subject to the provisions of this Declaration, the By-laws and the Rules of the Corporation, of the one parking space shown on the Description filed concurrently herewith that is on Part 3, Sheets 2 to 6 inclusive that is hereinafter set opposite the number of each such residential Unit.

RESIDENTIAL UNIT PARKING (Top)

RESIDENTIAL UNIT

PARKING SPACE

RESIDENTIAL UNIT

PARKING SPACE

RESIDENTIAL UNIT

PARKING SPACE

RESIDENTIAL UNIT

PARKING SPACE

Level

Unit

Level

Space

Level

Unit

Level

Space

Level

Unit

Level

Space

Level

Unit

Level

Space

3

1

1

P1

7

10

D

P12

14

1

C

P14

20

6

B

P36

3

2

1

P2

8

1

C

P4

14

2

C

P15

20

7

B

P37

3

3

1

P3

8

2

C

P5

15

1

C

P30

21

1

A

P40

3

4

1

P4

9

1

B

P5

15

2

C

P31

21

2

A

P41

3

5

1

P5

9

2

B

P6

15

3

C

P32

21

3

A

P27

3

6

1

P6

9

3

B

P7

15

4

C

P26

21

4

B

P27

3

7

1

P7

9

4

B

P8

15

5

A

P21

21

5

B

P28

4

1

1

P8

9

5

B

P9

15

6

C

P24

21

6

B

P29

4

2

A

P6

9

6

B

P10

16

1

B

P15

21

7

B

P30

4

3

A

P7

9

7

C

P11

16

2

B

P12

22

1

C

P25

4

4

1

P9

9

8

C

P1

16

3

A

P29

22

2

A

P22

4

5

A

P8

9

9

C

P2

16

4

B

P13

22

3

A

P23

4

6

1

P10

9

10

C

P3

16

5

C

P27

22

4

A

P36

4

7

A

P10

10

1

B

P3

16

6

A

P28

22

5

A

P37

5

1

D

P13

10

2

B

P4

16

7

C

P28

22

6

A

P38

5

2

A

P9

11

1

C

P33

16

8

C

P29

23

7

A

P39

5

3

A

P1

11

2

C

P34

17

1

B

P24

23

1

A

P12

5

4

A

P2

11

3

C

P35

17

2

B

P14

23

2

A

P13

5

5

A

P3

11

4

C

P38

18

1

B

P20

23

3

A

P17

5

6

A

P4

11

5

C

P39

18

2

B

P16

23

4

A

P18

5

7

A

P5

11

6

C

P40

18

3

B

P17

23

5

A

P19

6

1

D

P4

11

7

C

P41

18

4

B

P18

23

6

A

P20

6

2

D

P5

11

8

B

P11

18

5

B

P19

24

1

A

P26

6

3

D

P6

11

9

B

P1

18

6

B

P26

24

2

A

P25

6

4

D

P7

11

10

B

P2

18

7

B

P25

24

3

A

P24

6

5

D

P8

12

1

C

P36

19

1

B

P38

24

4

A

P14

6

6

D

P9

12

2

C

P37

19

2

B

P39

24

5

A

P15

6

7

A

P30

13

1

C

P16

19

3

B

P40

24

6

A

P16

7

1

C

P6

13

2

C

P12

19

4

B

P41

25

1

D

P10

7

2

C

P7

13

3

C

P13

19

5

B

P23

25

2

A

P31

7

3

C

P8

13

4

C

P17

19

6

B

P22

25

3

A

P32

7

4

C

P9

13

5

C

P20

19

7

B

P21

25

4

A

P33

7

5

C

P10

13

6

C

P21

20

1

B

P31

25

5

A

P34

7

6

D

P1

13

7

C

P22

20

2

B

P32

25

6

A

P35

7

7

D

P2

13

8

C

P23

20

3

B

P33

 26

1 

A 

P11 

7

8

D

P3

13

9

C

P18

20

4

B

P34

7

9

D

P11

13

10

C

P19

20

5

B

P35

The following parking spaces are subject to pipes and/or air handling units; namely spaces P24, P25, P26, P27, P28, P29, P30, P31 and P32 on Level A, P1 and P10 on Level B, P1 and P10, and P41 on Level C, P1 and P10 on Level D.

The access to parking space P42 on Level A is subject to a low hanging air handling unit in front of the space as shown on Sheet 3 of Part 3 of the description filed concurrently herewith.