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Download By-laws in Adobe (.pdf) format here - Table of Contents - Schedule II - Restrictive Covenant
Lake Newell Condominium Association By-Laws (Blue Heron Estates and White Pelican Estates) Adopted by special resolution the 8th day of January, 2007 BLUE HERON ESTATES WHITE PELICAN ESTATES BY-LAWS OF THE OWNERS: CONDOMINIUM PLAN NO. 9411173 and 9411176 SUMMARY OF CONTENTS IN SUBSTITUTION FOR SCHEDULED BY-LAWS OF THE CONDOMINIUM ACT
TABLE OF CONTENTSDefinitions and Interpretation
BY-LAWS
DEFINITIONS AND INTERPRETATION
1. In these by-laws unless the context or subject matter requires a different meaning:
(a) "Act" means THE CONDOMINIUM PROPERTY ACT, R.S.A. 1980, c.C-22, and amendments thereto;
(b) "Board" means the Board of Managers of the Corporation;
(c) "By-laws" means the by-laws of the Corporation, as amended from time to time;
(d) "Common expenses" means the expense of performance of the objects and duties of the Corporation and any expenses specified as common expenses in these by-laws;
(e) "Common property" means so much of the parcel as is not comprised in or does not form part of any unit shown on the condominium plan, but does not include land shown on the condominium plan that has been provided for the purposes of roads, public utilities and reserve land under Part 17 of the Municipal Government Act;
(f) "Condominium plan" means the plan registered by the Developer under the Act as No. 9411173 and 9411176;
(g) "Corporation" means the corporation constituted under the Act by the registration of the condominium plan;
(h) "Insurance Trustee" a trust company authorized to carry on the business of a trust company under the laws of Alberta selected from time to time on ordinary resolution of the Corporation;
(i) "Interest Rate" means that rate of interest per month will be 1.5% per month compounded, (19.56% per annum), which may be or shall become payable hereunder by an owner in respect of monies owing by him to the Corporation; said monies becomes due and payable by an owner;
(j) "Manager" means the professional manager contractually appointed by the Board;
(k) "Owner" means an adult person not younger than eighteen (18) years who is registered as the owner of the fee simple estate in a unit or the leasehold estate in a unit where the parcel upon which the unit is located is held under a lease and a certificate of title has been issued under Section 3 (1) (b) of the Act in respect of the lease;
(l) "Parcel" means the land comprised in the condominium plan;
(m) “Privacy area” means a portion of the common property assigned for the exclusive use of an Owner by the condominium board.
(n) "Special resolution" means: i. A resolution passed at a properly convened meeting of the Corporation, of which at least seven (7) days' notice specifying the proposed resolution has been given, by a majority or not less than 75% of all persons entitled to exercise the power of voting conferred under the Act or these by-laws and not less than 75% of the total unit factors for all the units; or
ii. A written resolution signed by not less than 75% of all the persons who, at a properly convened meeting of the Corporation, would be entitled to exercise the power of voting conferred by the Act or these by-laws and representing not less than 75% of the total unit factors for all the units;
(o) "Ordinary resolution" means a resolution:
i. Passed at a properly convened meeting of a Corporation by a majority of all persons present or represented by proxy at the meeting entitled to exercise the powers of voting conferred by the Act or these by-laws, or
ii. Signed by a majority of all persons who, at a properly convened meeting of a Corporation, would be entitled to exercise the powers of voting conferred by the Act or these by-laws and representing more than 50% of the total unit factors for all the units.
(p) "Unit" means a space that is situated and described in the condominium plan by reference to bare land lots;
(q) "Unit factor" means the unit factor for each unit as more particularly specified or apportioned and described in and set forth on the condominium plan.
Words and expressions which have a special meaning assigned to them in the Act have the same meaning in these by-laws and other expressions used in these by-laws and not defined in the Act or in these by-laws have the same meaning as may be assigned to them in THE LAND TITLES ACT, R.S.A. 1980, c.L-5, as amended from time to time or in any statute or statutes passed in substitution therefore. Words importing the singular number also include the plural, and vice versa, and words importing the masculine gender including the feminine gender or neuter, and vice versa, and words importing persons include firms and corporations and vice versa, where the context so requires.
MISCELLANEOUS PROVISIONS
2. (a) The headings used throughout these by-laws are inserted for reference purposes only and are not to be considered or taken into account in construing the terms or provisions of any by-law;
(b) The rights and obligations given or imposed on the Corporation or the owners under these by-laws are in addition to any rights or obligations given or imposed on the Corporation or the owners under the Act;
(c) If there is any conflict between the by-laws and the Act, the Act prevails.
DUTIES OF THE OWNER
3. An owner must be aware of and comply with items (a) through (j). Specifically, an owner shall:
(a) Permit the Corporation and its agents, at all reasonable times on notice (except in case of emergency when no notice is required), to enter his unit for the purpose of inspecting the unit and maintaining, repairing or renewing pipes, wires, cables, ducts, conduits, plumbing, sewers and other facilities for the furnishing of utilities for the time being existing in the unit and capable of being used in connection with the enjoyment of any other unit or common property, or for the purpose of maintaining, repairing or renewing the common property, or for the purpose of ensuring that the by-laws are being observed, or for the purpose of doing any work for the benefit of the Corporation generally;
(b) Forthwith carry out all work that may be ordered by any municipality or public authority in respect of his unit and pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his unit;
(c) Repair and maintain his unit, including all windows and the interior surface thereof and including outer boundaries, walls and all other outside surfaces and roofs and eavestroughs and all other outside hardware and accoutrement affecting the appearance, usability, value or safety of the unit, and keep it in a state of good repair, except such maintenance, repairs and damage as are insured against by the Corporation or for which the Corporation is responsible pursuant to these by-laws; and shall maintain in a reasonable manner any area which is located on or which comprises any part of the common property to which the owner has been granted exclusive use pursuant to By-Law 57 or By-Law 58 and if such area is not accessible, in the sole opinion of the Board, for cutting by power mowers and/or if there are plants and landscaping therein and if the owner shall not maintain such lawn, the plants and landscaping to a standard similar to that of the remaining common property, the Corporation may give ten (10) days' notice to the owner to this effect and if such notice has not been complied with at the end off that period, then the Corporation may carry out such work and the provisions of By-Law 57 shall apply;
(d) Not make any repairs, additions or alterations to the exterior of his unit or to the plumbing, mechanical or electrical systems within his unit without first obtaining the written consent of the Corporation;
(e) Use and enjoy the common property in accordance with these by-laws and all rules and regulations prescribed by the Corporation and in such manner as to not unreasonably interfere with the use and enjoyment thereof by other owners, their families or visitors;
(f) Not use his unit or permit it to be used in any manner for any purpose which may be illegal, injurious or that will cause nuisance or hazard to any occupier of another unit (whether an owner or not) or the family of such an occupier;
(g) Notify the Corporation forthwith upon any change of ownership or of any mortgage or other dealing in connection with his unit;
(h) Comply strictly with these by-laws and with such rules and regulations as may be adopted pursuant thereto from time to time and cause all adult occupiers of and visitors to his unit to similarly comply;
(i) Pay to the Corporation when due all common expenses levied or assessed against his unit together with interest on any arrears thereof at the Interest Rate calculated from the due date and the Corporation is hereby permitted to charge such interest in accordance with Section 40 of the Act;
(j) Carry out all work necessary to landscape his/her yard within 18 months of completion of construction of dwelling. Particularly the installation of ground cover to eliminate the spread of weeds and/or dust to adjoining properties; and /or installation of any retaining wall(s) as may be necessary to control water erosion and thus avoid damage to adjoining properties.
DUTIES OF THE CORPORATION
4. In addition to the duties of the Corporation set forth in the Act, the Corporation, through its Board shall:
(a) Control, manage, maintain, repair and administer the common property (except as hereinbefore and hereinafter set forth) and all real property, chattels, personal property or other property owned by the Corporation for the benefit of all the owners and for the benefit of the entire condominium project;
(b) Do all things required of it by the Act, these by-laws and any other rules and regulations in force from time to time;
(c) Maintain and repair (including renewal where reasonably necessary) pipes, wires, cables, ducts, conduits, plumbing sewers and other facilities for the furnishing of utilities for the time being existing in the parcel and capable of being used in connection with the enjoyment of more than one unit or common property;
(d) Collect and receive all contributions towards the common expenses and deposit same in a separate account with a chartered bank or trust company;
(e) Provide and maintain out of the assessments to be levied by the Corporation towards the common expenses or otherwise such amounts as the Board may determine from time to time to be fair and prudent for a replacement reserve fund and the replacement reserve fund shall be an asset of the Corporation;
(f) Pay all sums of money properly required to be paid on account of all services, supplies and assessments pertaining to or for the benefit of the parcel, the Corporation and the owners as to the Board may seem justifiable in the management or administration of the entire condominium project;
(g) Remove ice, snow, slush and debris from and keep and maintain in good order and condition all areas of the common property designated for vehicular or pedestrian traffic or outside designated visitor parking and keep and maintain in good order and condition all grassed or landscaped areas of the common property together with all planter boxes and fences on the common property PROVIDED THAT the maintenance of any privacy area designated under By-Law 5(f) (g) or By-Law 57(a) shall be the prime responsibility of the owner to whom such privacy area has been assigned;
(h) At all times keep and maintain for the benefit of the Corporation and all owners copies of all warranties, guarantees, drawings and specifications, plans, written agreements, certificates and approvals provided to the Corporation pursuant to Section 37(1) of the Act;
(i) Not plant any trees or substantial landscaping or make any unauthorized grade changes within any lands which are the subject of an easement or similar grant to any utility company, municipality or local authority.
POWERS OF THE CORPORATION
5. In addition to the powers of the Corporation set forth in the Act, the Corporation through its Board, may and is hereby authorized to:
(a) Purchase, hire or otherwise acquire personal property for use by owners in connection with the maintenance, repair, replacement or enjoyment of the real and personal property of the Corporation or the common property;
(b) Borrow monies required by it in the performance of its duties or the exercise of its powers provided that each such borrowing in excess of 15% of the current year's common expense budget has been approved by special resolution;
(c) Secure the repayment of monies borrowed by it, and the payment of interest thereon, by negotiable instrument, or mortgage of unpaid contributions (whether levied or not), or mortgage of any property vested in it, or by any combination of those means;
(d) Invest as it may determine any contributions towards the common expenses SUBJECT TO the restrictions set forth in Section 35 of the Act;
(e) Make an agreement with an owner, tenant or other occupier of a unit for provision of amenities or services by it to the unit or to the owner, tenant or occupier thereof;
(f) Grant to an owner a lease in respect of areas adjoining or relating to such owner's unit, as shown on the condominium plan, under Section 41 of the Act, on such terms and conditions as may be determined by the Board from time to time PROVIDED THAT such lease shall be available for the benefit only of owners, Owners, tenants and other lawful occupants of such unit, shall not be assignable to anyone who is not an owner or Owner by agreement for sale of such unit and shall be terminable on 30 days' notice by the Corporation as against any grantee, lessee or assignee who ceases to be an owner or Owner under an agreement for sale of such unit;
(g) Grant to an owner the right to exclusive use and enjoyment of part of the common property or special privileges in respect thereof;
(h) Make such rules and regulations as it may deem necessary or desirable from time to time in relation to the use, enjoyment and safety of the common property and do all things reasonably necessary for the enforcement of the by-laws and for the control, management and administration of the common property generally including the commencement of an action under Section 29 of the Act and all subsequent proceedings relating thereto;
(i) Determine from time to time the amounts to be raised and collected for the purposes hereinbefore mentioned;
(j) Raise amounts so determined by levying assessments on the owners in proportion to the unit factors for their respective units or as otherwise herein provided;
(k) Charge interest under Section 40 of the Act on any contribution or common expenses owing to it by an owner at the Interest Rate;
(l) Pay an annual honorarium or stipend to members of the Board in the manner and in the amounts as may be from time to time determined by ordinary resolution at a general meeting.
THE CORPORATION AND THE BOARD
6. The powers and duties of the Corporation shall, subject to any restrictions imposed or direction given at a general meeting, be exercised and performed by the Board.
NUMBER ON BOARD
7. The Board shall consist of a minimum of three (3) and a maximum of seven (7) owners or spouses of owners or representatives of mortgagees who have notified their interests to the Corporation and the Board shall be elected at each annual general meeting. A Board member must be eighteen (18) years of age or older. Where a unit has more than one owner, only one owner in respect of that unit may sit on the Board at any point in time.
(a) An owner who has not paid to the corporation the contributions due and owing in respect of the owner’s unit is not eligible for election to the board.
TERM OF OFFICE
8. (1) Subject to subsection (2) of the Act, a member of the board is to be elected at an annual general meeting for a term expiring at the conclusion of the annual general meeting convened in the second year following the year in which they were elected to the board.
(2) At the first general meeting convened under section 29 of the Act,
(a) not more than 50% of the members of the board shall be elected for a term expiring at the conclusion of the annual general meeting convened in the year following the year in which they were elected, and
(b) The balance of the members shall be elected for a term expiring at the conclusion of the annual general meeting convened in the 2nd year following the year in which they were elected.
(3) Each member of the Board shall remain in office until,
(a) The office becomes vacant under section 9 of the Acts bylaws,
(b) The member resigns,
(c) The member is removed under section 8 of the Acts bylaws, or
(d) The member’s term of office expires,
Whichever comes first.
ELIGIBILITY FOR RE-ELECTION TO BOARD
9. A retiring member of the Board shall be eligible for re-election.
REMOVAL OF A MEMBER OF THE BOARD
10. Except when the board consists of less than three (3) individuals, the corporation may by resolution at a general meeting may remove a member of the board before the expiration of the member’s term of office and appoint another individual in the members place to hold that office for the remainder of the term.
CASUAL VACANCY ON BOARD
11. Where a vacancy occurs on the Board under By-Law 20, the remaining members of the Board may appoint a person to fill that office for the remainder of the former member's term provided such person qualified for membership pursuant to By-Law 7.
QUORUM FOR BOARD
12. Except where there is only one owner and except during the period before the first annual general meeting, a quorum of the Board is two where the Board consists of three or less members; three where the board consists of five members.
OFFICERS OF THE CORPORATION
13. At the first meeting of the Board and at each meeting held after an annual general meeting of the Corporation the Board shall elect from among its members a President, a Vice-President, a Treasurer and/or a Secretary who shall hold their respective offices until the conclusion of the next annual general meeting of the corporation or until their successors are elected or appointed. The President shall be the Chairman of the Board and shall have a casting vote in addition to his original vote. A person ceases to be an officer of the Corporation if he ceases to be a member of the Board. Where a person ceases to be an officer of the Corporation, the Board shall designate from its members a person to fill that office for the remainder of the term.
CHAIRMAN OF BOARD MEETINGS
14. Where the President is absent from any meeting of the Board or vacates the chair during the course of any meeting, the Vice-President shall act as the Chairman and shall have all the duties and powers of the Chairman while so acting. In the absence of both the President and Vice-President, the members present shall from among themselves appoint a Chairman for the meeting who shall have all the duties and powers of the Chairman while so acting.
DUTIES OF OFFICERS
15. The other duties of the officers of the Board shall be as determined by the Board from time to time.
VOTES OF THE BOARD, WRITTEN RESOLUTION
16. At meetings of the Board all matters shall be determined by simple majority vote. A resolution of the Board in writing signed by all of the members shall have the same effect as a resolution passed at a meeting of the Board duly convened and held.
FURTHER POWERS OF THE BOARD
17. The Board may:
(a) Meet together for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit, and it shall meet when any member of the Board gives to the other members of the board not less than seven (7) days' notice of a meeting proposed by him, specifying the reason for calling the meeting provided that the Board shall meet at the call of the President on such notice as he may specify without the necessity of the President giving reasons for the calling of the meeting;
(b) Appoint or employ for and on behalf of the Corporation such agents or servants as it thinks fit in connection with the control, management and administration of the common property and the exercise and performance of the powers and duties of the Corporation;
(c) Subject to any restriction imposed or direction given at a general meeting of owners, delegate to one or more members of the Board such of its powers and duties as it thinks fit, and at any time revoke such delegation;
(d) Obtain and retain by contract the services of a Manager or of any professional real property management firm or professional real property manager or agent for such purposes (including but not so as to limit the generality of the foregoing the supervision, management and performance of any or all of the duties of the Corporation) and upon such terms as the Board may from time to time decide SUBJECT ALWAYS to the control and direction of the Corporation and the Board, such Manager to be reasonably fit and suited to perform such duties. The Manager employed by the Board need not devote its full time to the performance of duties of the Corporation so long as those duties are performed in a good and sufficient fashion. Any such contract shall provide for the contract manager to maintain a fidelity bond for the benefit of and naming the Corporation and such bond shall be in an amount at least equal to one-half (1/2) of the approved budget of the Corporation in any given fiscal year and the total amount of any replacement reserve funds.
ADDITIONAL DUTIES OF THE BOARD
18. The Board shall:
(a) Keep minutes of its proceedings and, upon written request, provide copies thereof, within ten (10) days, to mortgagee who have notified their interests to the Corporation;
(b) Cause minutes to be kept of general meetings of the owners and, upon written request, provide copies thereof to mortgagees who have notified their interests to the Corporation;
(c) Cause proper books of account to be kept in respect of all sums of money received and expended by it and the matters in respect of which receipt and expenditure shall take place;
(d) Prepare proper accounts relating to all monies to the Corporation, and the income and expenditure thereof, for each annual general meeting;
(e) Maintain financial records of all the assets, liabilities and equity of the Corporation;
(f) On written application of an owner or mortgagee, or any person authorized in writing by him, make the books of account available for inspection at all reasonable times;
(g) Cause to be prepared and distributed to each owner and to each mortgagee who has notified its interest to the Corporation a copy of the audited Financial Statement of the receipts of contributions of all owners towards the common expenses and disbursements made by the Corporation and a copy of the Auditor's Report within ninety (90) days of the end of the fiscal year of the Corporation;
(h) Within fifteen (15) days of a person becoming or ceasing to be a member of the Board, file or cause to be filed at the Land Titles Office a notice in the prescribed form stating the name and address of that person and the day that the person became or ceased to be, as the case may be, a member of the Board;
(i) File or cause to be filed at the Land Titles Office a notice in the prescribed form of any change in the address for service of the Corporation.
DEFECTS IN APPOINTMENT TO BOARD
19. All acts done in good faith by the Board are, notwithstanding it be afterwards discovered that there was some defect in the appointment or continuance in office of any member of the Board, as valid as if the member had been duly appointed or had duly continued in office.
VACATING OFFICE OF BOARD MEMBER
20. The office of a member of the Board shall be vacated if the member:
(a) By notice in writing to the Corporation resigns his office; or
(b) Is in arrears more than thirty (30) days of any contribution, levy or assessment required to be made by him as an owner or becomes bankrupt; or
(c) Is found lunatic or becomes of unsound mind, or is the subject of a Certificate of Incapacity issued under THE DEPENDENT ADULTS ACT, R.S.A. 1980, c.D-32, and amendments thereto; or
(d) Is convicted of any criminal offence; or
(e) Is absent from three (3) consecutive meetings of the Board without permission of the Board and it is resolved at a subsequent meeting of the Board that the members office be vacated.
(f) He ceases to qualify for membership pursuant to By-Law 7; or
(g) In the case of a company which is a member of the Board, if the company shall become bankrupt or make an assignment for the benefit of creditors or if proceedings are commenced to wind up the company, otherwise than for the purpose of amalgamation or reconstruction.
SIGNING AUTHORITIES
21. The Board shall determine, by resolution from time to time, the manner in which an officer or officers shall sign cheques, drafts, notes and other instruments and documents, including banking forms and authorities not required to be under corporate seal and may authorize the Manager to sign the same with or without co-signing by any officer or officers.
CORPORATE SEAL
22. The Corporation shall have a common seal, which shall be adopted by resolution and which shall at no time be used or affixed to any instrument except in the presence of at least one member of the Board or by the persons as may be authorized from time to time by resolution of the Board, except that where there is only one member of the Corporation his signature shall be sufficient for the purposes of this by-law, and if the only member is a company the signature of its appointed representative on the Board shall be sufficient for the purpose of this by-law.
ANNUAL GENERAL MEETING
23. (1) The Board shall, once every year, convene and annual general meeting of the owners.
(2) An annual general meeting of the owners shall be convened by the Board within fifteen (15) months of the conclusion of the immediately preceding annual general meeting.
(3) Subject to the regulations, the Corporation shall,
(a) In accordance with generally accepted accounting principles, prepare financial statements for the Corporations fiscal year that immediately follows the Corporation preceding fiscal year, and
(b) Distribute copies of the financial statements and the annual budget to each of the owners.
EXTRAORDINARY GENERAL MEETINGS
24. All general meetings other than annual general meetings shall be called extraordinary general meetings.
CONVENING EXTRAORDINARY GENERAL MEETINGS
25. The Board may whenever it thinks fit and shall upon a requisition in writing by owners representing not less than 15% of the total unit factors of all the units or upon the request in writing from mortgagees holding registered mortgages (and who have notified their interests to the Corporation) against units in respect of which corresponding unit factors represent not less than 15% of the total unit factors or a combination of such owners or mortgagees entitled to vote with respect to 15% of the total unit factors convene an extraordinary general meeting.
NOTICE OF GENERAL MEETINGS
26. Seven (7) days' notice of every general meeting specifying the place, the date and the hour of meeting, and in the case of special business the general nature of such business, shall be given to all owners and mortgagees who have notified their interests to the Corporation. Notice shall be given to the owner and to such mortgagees in the manner prescribed in these by-laws, but the accidental omission to give notice to an owner or mortgagee or non-receipt by an owner or mortgagee does not invalidate the meeting or any proceedings thereat. In computing the number of the days notice of a general meeting required under these by-laws, the day on which the notice is deemed to have been received and the day of the meeting shall be counted.
PROCEEDINGS AT GENERAL MEETINGS
27. All business that is transacted at an annual general meeting, with the exception of the consideration of accounts and election of members to the Board, or at any extraordinary general meeting, shall be deemed special.
QUORUM FOR GENERAL MEETINGS
28. Save as in these by-laws otherwise provided, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business and one-quarter of the persons entitled to vote present in person or by proxy shall constitute a quorum.
ADJOURNMENT FOR LACK OF QUORUM
29. If within one-half hour from the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within one-half hour from the time appointed for the meeting, the persons entitled to vote who are present shall be a quorum.
CHAIRMAN FOR GENERAL MEETINGS
30. The President of the Board shall be the Chairman of all general meetings or in his absence from the meeting or in case he shall vacate the chair, the Vice-President of the Board shall act as Chairman provided always that if the President and Vice-President be absent or shall vacate the chair or refuse to act, the meeting shall elect a Chairman.
ORDER OF BUSINESS FOR GENERAL MEETING
31. The Order of Business at general meetings, and as far as is appropriate at all extraordinary general meetings, shall be:
(a) If the President or Vice-President of the Board shall be absent or elects to vacate the chair or refuses to act, the election of the Chairman of the meeting;
(b) Calling of the roll and certifying the proxies;
(c) &nb |