T-West Development Corp.

CONDOMINIUM BY-LAWS

PART III: THE CORPORATION

 

 

 

3.            BOARD OF MANAGEMENT OF THE CORPORATION AND ELIGIBILITY FOR THE BOARD

 

(a)                 The Board, for the benefit of the Corporation and all owners and mortgagees, shall have vested in

                      it the powers of the Corporation and shall enforce the provisions hereof.  The Board (subject to

                      the following) shall consist of three persons and shall be elected at each annual general meeting

                      (although members may also be elected at an extraordinary general meeting); but where there are

                      not mortgagees and not more than three owners, the Board shall consist of all owners or such

                      person or persons in such number as the owners of all Units may designate.  If a Unit has more

                      than one owner, only one such owner may sit on the Board at one time.

 

(b)                 Ownership of a Unit is not necessary for election and membership on the Board, and any person

                      who has attained the age of majority shall be eligible for nomination and election to the Board;

                      provided that no Owner who is indebted to the Corporation for an assessment or assessments

                      which are more that 30 days overdue after written notice of default shall be eligible for election or

                      membership on the Board; and

 

(c)                 At any election of Directors each person entitled to vote shall be entitled to vote for as many

                      nominees as there are vacancies to be filled on the Board.

 

 

4.            REMOVAL OR DISQUALIFICATION FROM THE BOARD

 

(a)                 Except where the Board consists of all the owners, the Corporation may by resolution  at an

                      extraordinary general meeting remove any member of the Board before the expiration of his term

                      of office and appoint another person in his place to hold office until the next annual general

                      meeting;

 

(b)                 The office of a member of the Board shall, ipso facto, be vacated:

 

        (i)               if he becomes insolvent; or being more than 30 days in arrears in payment of any instalments

                          or payment required to be made by him as an owner as herein set forth, he fails to cure his

                          default within ten (10) days after written notice from any other Board member requiring him to

                          cure such default;

 

        (ii)              if he becomes of unsound mind, mentally incompetent, a lunatic, or dies;

 

        (iii)             if he is convicted of an indictable offence;

 

        (iv)             if he resigns his office by writing, served upon the Corporation;

 

        (v)              if he becomes absent from meetings of the Board for three (3) months without leave and his co-

                          members resolve at two (2) meetings of the Board held at least seven (7) days apart that his

                          office be vacated.

 

 

5.            CASUAL VACANCY

 

Any casual vacancy on the Board may be filled by resolution of the remaining members on the Board until the next annual general meeting of the Corporation.

 

 

6.            QUORUM FOR MEETING OF THE BOARD

 

Quorum of the Board is a majority of its members.  Any member of the Board may waive notice of a meeting before, during or after the meeting and such waiver shall be deemed the equivalent of receipt of due notice of the meeting.

 

 

7.            CHAIRMAN OF THE BOARD

 

The President, shall act as Chairman of the Board.  In the absence of the President at any meeting of the Board then at the commencement of such meeting, the Board shall elect a Chairman for the meeting.

 

 

8.            VOTING AT BOARD MEETINGS

 

At meetings of the Board all matters shall be determined by simple majority vote.

 

 

9.            DUTIES OF THE CORPORATION

 

The Corporation shall:

 

(a)                 Control, manage and administer the common property for the benefit of all the owners and for the

                      benefit of the entire project;

 

(b)                 Do all things required of it by the Act, these By-laws, the common property rules and other rules

                      and regulations of the Corporation in force from time to time;

 

(c)                 Where practical (subject always to any obligations imposed by these By-laws or the Corporation

                      upon any owners) to maintain any part of the common property over which such owners are

                      granted exclusive rights of use by the Corporation, establish and maintain suitable lawns on the

                      common property;

 

(d)                 Maintain and repair (including renewal where reasonably necessary) pipes, wires, cable, ducts,

                      conduits, sumps, plumbing, sewers, and other facilities for the furnishing of utilities used in

                      connection with the enjoyment of more than one Unit or the common property; and

 

(e)                 Upon written request therefore made by a Unit owner or the holder of any mortgage registered

                      against a Unit, or the duly authorized agent of such owner or mortgagee, provide such owner or

                      mortgagee with either a duplicate original or certified copy of all fire and other peril, all boiler and

                      all liability insurance policies and endorsements maintained by the Corporation, as well as all

                      renewal certificates or certified copies of replacing policies; and further shall without request

                      therefore being required, provide the same to the registered first mortgagee of any Unit who has

                      notified the Corporation of its mortgage, including all renewal certificates or replacing policies

                      issued at any time and from time to time while such mortgage remains un-discharged;

 

(f)                  Call a general meeting of the owners and mortgagees once in each calendar year, and in all cases

                      allow no more than fifteen months to elapse from one general meeting to the next;

 

(g)                 Control, manage, administer, maintain and repair all land and chattels and other property  

                      whatsoever owned by the Corporation;

 

(h)                 Provide adequate garbage receptacles on the common property for use by all of the owners and

                      provide for regular collection there from;

 

(i)                  Subject to any obligations imposed by these By-laws or the Corporation upon any owners to

                      maintain any part of the common property over which such owners are granted exclusive rights

                      of use by the Corporation, maintain the common property notwithstanding that maintenance may

                      be required as a result of reasonable wear and tear, or otherwise; provide and maintain adequate

                      parking facilities for all the owners; and provide and maintain reasonable outside lighting;

 

(j)                  Maintain and keep in a state of good repair, as may be required as a result of reasonable wear and

                      tear or otherwise, the following:

 

        (i)               all outside surfaces of the Units, including without limiting the generality of the foregoing,

                          roofing materials and exteriors of roofs, exteriors of walls, eaves troughs and exterior drains,

                          and exterior beams and trim (but excluding doors, windows and overhead doors which shall be

                          the responsibility of the Unit owner);

 

        (ii)              all fencing, posts, driveways and sidewalks;

 

        (iii)             all other outside hardware and accoutrements affecting the appearance, usability, value or

                          safety of the parcel or the Units;

 

 

        (iv)             all utility services within, on, in, under and through the common property;(v)all roadways,

                          curbs, sidewalks, parking areas and other common facilities, including such obligations as

                          might be required by Joint Access Easements or Road Use Agreements;

 

(k)                 Provide and maintain in full force all such insurance as is required by the Act and by the

                      provisions of these By-laws to be maintained by the Corporation and enter into insurance trust

                      agreements from time to time as required by the Insurance Trustee and approved by the Board;

 

 

 

10.          POWERS OF THE CORPORATION

 

The Corporation may:

 

(a)                 Purchase, hire or otherwise acquire personal and/or real property for use by the Corporation, or

                      by the owners in connection with their enjoyment of common property or their Units or any of

                      them, provided that real property shall only be acquired or disposed of on approval by special

                      resolution of the Corporation;

 

(b)                 Borrow monies required by it in the performance of its duties or the exercise of its powers

                      provided that the Corporation shall not borrow in excess of $2,000.00 on any single occasion or

                      incur aggregate indebtedness at any time exceeding $15,000.00 without such borrowing or

                      incurring of debt being approved by ordinary resolution of the Corporation;

 

(c)                 Secure the payment 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 combination of those means;

 

(d)                 Invest as it may determine any monies in the funds for administrative expenses to the extent

                      permitted by law for trustees under the Trustee Act of Alberta;

 

(e)                 Make an agreement with any owner or occupier of a Unit for the provision of amenities of services

                      by it to the Unit or to the owner or occupier thereof;

 

(f)                  Make regulations regarding parking requiring all or some of owners’ employees to park off the

                      common property and to impose reasonable penalties against any individual Unit owner for

                      violation arising there from;

 

(g)                 Do all things reasonably necessary for the enforcement of the By-laws and the control,

                      management and administration of the common property and any part of the Units with which it

                      may be concerned;

 

(h)                 Impose and exact the fees and charges referred to in section 16 (d) hereof.

 

 

11.          OFFICERS OF THE CORPORATION

 

The Board shall from time to time elect a President.

 

12.          DUTIES OF THE OFFICERS

 

The duties of the officers of the Corporation shall be determined by the Board from time to time.

 

 

13.          SEAL OF THE CORPORATION

 

The Corporation shall have a seal which shall at no time be used except as necessary to be affixed to a document requiring the signature of a Director or Manager.

 

14.          SIGNING AUTHORITIES

 

The Board shall determine, by resolution from time to time, which Board member or officers shall sign cheques, drafts and other instruments and documents not required to be under corporate seal and may authorize the Manager to sign the same with or without co-signing by an officer or officers.

 

15.          DUTIES OF THE BOARD

 

The Board shall:

 

(a)                 Cause minutes to be kept of its proceedings; 

 

(b)                 Cause minutes to be kept of general meetings; 

 

(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 such receipts and expenditures take place;

 

(d)                 Cause to be prepared proper accounts relating to all monies of the Corporation and the income

                      and expenditures thereof for each annual general meeting;

 

(e)                 On application of an owner or mortgagee or any person authorized in writing by one of them,

                      make the books of account and all minutes of the meetings of the Corporation and the meetings

                      of the Board available for inspection at all reasonable times, and further provide to any owner or

                      mortgagee who makes specific request therefore copies of all minutes of meetings of the

                      Corporation and of the Board;

 

(f)                  On application of an owner or mortgagee, or any person authorized in writing by one of them, give

                      a complete statement of the standing of any Unit with regard to common expense assessments

                      and with regard to fulfilment of all owners’obligations in connection with the project and/or his

                      Unit and copies of current financial statements and/or statements of common expenses of the

                      Corporation;

 

(g)                 Cause to be assessed to each owner in proper proportion his contribution towards common

                      expenses and reserve funds for future maintenance and other common expenses and enforce

                      payment of same as more particularly hereinafter set forth;

 

(h)                 Upon the written request of an owner, purchaser or mortgagee of a Unit provide the particulars

                      and materials required to be provided under section 44 of the Act, or any provisions passed in

                      substitution therefore;

 

(i)                  At all times keep and maintain in force all insurance required hereunder and by the Act to be

                     maintained by the Corporation and from time to time settle, determine and enter into insurance

                     trust agreements in form and on terms required by the Insurance Trustee;

 

(j)                  Without limitations of its other duties and powers, exercise and perform the powers and duties of

                     the Corporation under these By-laws;

 

(k)                 Create, maintain and exact by common expense levy, a capital replacement reserve fund in

                      accordance with the provisions of the Act.

 

16.          POWERS OF THE BOARD

 

The Board may:

 

(a)                 Meet together for the conduct of business, adjourn and otherwise regulate its meetings as it

                      thinks fit, but it shall meet when any member gives to the other members not less than seven

                      days’ notice of a meeting proposed by him specifying the reason for calling the meeting and the

                      time and place of the meeting;

 

(b)                 Employ or authorize a Manager to perform under the direction of the Board such of its duties as

                      the Board sees fit.

 

(c)                 Subject to any restriction imposed or direction given at a general meeting, delegate to one or

                      more of its members such of its powers and duties as it thinks fit, and at any time revoke such

                      delegation; and

 

(d)                 Set and charge, for and on behalf of the Corporation, reasonable fees to compensate the

                      Corporation for the expenses it incurs in producing and providing any documents or copies

                      thereof required under the Act or hereunder.