All terms not defined herein shall have the same meaning as established in the Declaration. Any losses, costs or damages incurred by the Corporation by reason of a breach of any Rules by any Owner, or their family, guests, servants, agents or occupants of their Unit, shall be borne and/or paid for by such Owner and may be recovered by the Corporation against such Owner in the same manner as Common Expenses.
Table of Contents
- 1. General
- 2. Quiet Enjoyment
- 3. Security
- 4. Safety
- 5. Common Elements
- 6. Residential Units
- 7. Commercial Units
- 8. Garbage Disposal
- 9. Tenancy Occupation
- 10. Elevators and Moving
- 11. Parking
- 12. Bicycle Storage
- 13. Storage Lockers
- 14. Balconies, Terraces, Patios and Other Exclusive Use Areas
- 15. Owner's Contractors, Trade or Service Personnel
- 16. Indoor Amenity Room and Rooftop Amenity
1. General
(a) Use of the Common Elements and Units shall be subject to the Rules which the Board may make to promote the safety, security or welfare of the Owners and of the property or for the purpose of preventing unreasonable interference with the use and enjoyment of the Common Elements and of other Units.
(b) Rules as deemed necessary and altered from time to time by the Corporation shall be binding on all Unit Owners and occupants, their families, guests, visitors, servants or agents.
(c) No animal, which is deemed by the Board or the property manager (the "Property Manager"), in their absolute discretion, to be a danger or a nuisance shall be kept by any Owner in any Unit nor shall be permitted to be on or about the Common Elements. An Owner shall, within two (2) weeks of receipt of a written notice from the Board requesting the removal of such animal, permanently remove such animal from the Property. Notwithstanding the generality of the foregoing, no attack dogs shall be allowed in any Unit. No breeding of animals for sale shall be carried on, in or around any Unit.
2. Quiet Enjoyment
(a) Owners and their families, guests, visitors, servants and agents shall not create nor permit the creation or continuation of any noise or nuisance which, in the opinion of the Board or the Property Manager, may or does disturb the comfort or quiet enjoyment of the Units or Common Elements by other Owners or their respective families, guests, visitors, servants and persons having business with them.
(b) No noise or odours shall be permitted to be transmitted from one Unit to another. If the Board determines that any noise or odour is being transmitted to another Unit and that such noise or odour is an annoyance or a nuisance or disruptive, then the Owner of such Unit shall at their expense take such steps as shall be necessary to abate such noise or odour to the satisfaction of the Board. If the Owner of such Unit fails to abate the noise or odour, the Board shall take such steps as it deems necessary to abate the noise or odour and the Owner shall be liable to the Corporation for all expenses incurred in abating the noise or odour (including reasonable solicitor's fees).
(c) No auction sales, private showing or public events shall be allowed in any Unit or the Common Elements.
(d) Firecrackers or other fireworks are not permitted in any Unit or on the Common Elements.
(e) Any repairs to the Units or Common Elements shall be made only during reasonable hours, save and except in the case of an emergency, where the terms of the Declaration shall govern.
3. Security
(a) Residents are to immediately report any suspicious person(s) seen on the property to the Property Manager or its staff.
(b) Under no circumstances shall building access or common element keys or other electronic devices be made available to anyone other than an Owner or occupant.
(c) No visitor may use or have access to the Common Elements and facilities unless accompanied by an Owner or occupant.
(d) Building access doors shall not be left unlocked or wedged open for any reason.
(e) No Owner or occupant shall place or cause to be placed on the access doors to any Unit, additional or alternate locks, without the prior written approval of the Board. All door locks and keys must be compatible with the lock systems on the property.
(f) Owners shall supply to the Corporation the names of all residents and tenants of all Residential Units and the license number of all motor vehicles that are parked in Tandem Parking Areas.
4. Safety
(a) No storage of any hazardous, combustible or offensive goods, provisions or materials shall be kept in any of the Units or Common Elements (including the exclusive use Common Elements).
(b) No propane, charcoal or electric barbecues shall be permitted on any balcony or any part of the Units or Common Elements. Barbeques may only be used on the ground floor patios and/or roof top terraces using the natural gas hookups.
(c) Owners and occupants shall not overload existing electrical circuits.
(d) Water shall not be left running unless in actual use.
(e) Nothing shall be thrown out of the windows or the doors of the Units or off any terraces, balconies or patios.
(f) No barbecues may be used indoors.
(g) No Owner or occupant shall do, or permit anything to be done in their Unit or bring or keep anything therein which will in any way increase the risk of fire or the rate of fire insurance on any buildings, or on property kept therein, or obstruct or interfere with the rights of other Owners, or in any way injure or annoy them, or conflict with the laws relating to fire or with the regulations of the Fire Department or with any insurance policy carried by the Corporation or any Owner or conflict with any of the rules and ordinances of the Board of Health or with any statute or municipal by-law.
(h) Smoking and/or vaping is prohibited in all non-exclusive use Common Elements except as may be designated as a smoking area by the Corporation.
5. Common Elements
(a) No one shall harm, mutilate, destroy, alter or litter the Common Elements or any of the landscaping work on the property, if any.
(b) No one shall enter into, tamper with or remove any of the vegetation and landscaping in the Common Elements.
(c) Except as permitted within the Declaration or approved by the Board, no sign, advertisement or notice shall be inscribed, painted, affixed or placed on any part of the inside or outside of the buildings or Common Elements, whatsoever.
(d) No awning, foil paper or shades shall be erected over, on or outside of the windows or patios, balconies or terraces without the prior written consent of the Board.
(e) No equipment shall be removed from the Common Elements by, or on behalf of, any Owner or occupant of a Unit.
(f) No outside painting shall be done to the exterior of the Units, railings, doors, windows, or any other part of the Common Elements.
(g) The passageways, walkways and stairways which are part of the Common Elements shall not be obstructed by any of the Owners or occupants or used by them for any purpose other than for ingress and egress to and from a Unit or some other part of the Common Elements.
(h) Any physical damage to the Common Elements caused by an Owner or occupant, their family, guests, visitors, servants, or agents shall be repaired by arrangement and under the direction of the Board at the cost and expense of such Owner or occupant.
(i) No mops, brooms, dusters, rugs or bedding shall be shaken or beaten from any window, door or any part of the Common Elements over which the Owner has exclusive use.
(j) No building or structure or tent shall be erected, placed, located, kept or maintained on the Common Elements and no trailer, either with or without living, sleeping or eating accommodations shall be placed, located, kept or maintained on the Common Elements.
(k) Each pet owner must ensure that any defecation by such pet must be cleaned up immediately by the pet owner, so that the Common Elements are neat and clean at all times. Should a pet owner fail to clean up after their pet as aforesaid, the pet shall be deemed to be a nuisance, and the owner of said pet shall, within two (2) weeks of receipt of written notice from the Board or the Property Manager requesting removal of such pet, permanently remove such pet from the property.
(l) No roller blades or shopping carts shall be permitted on or about the common elements.
6. Residential Units
(a) The toilets, sinks, showers, bath tubs and other parts of the plumbing system shall be used only for purposes for which they were constructed and no sweepings, garbage, rubbish, rags, ashes, or other substances shall be thrown therein. The cost of repairing damage to the Common Elements and other Units resulting from misuse or from unusual or unreasonable use shall be borne by the Owner who, or whose, tenant, family, guest, visitor, servant or agent shall cause it.
(b) No Owner or occupant shall make any major plumbing, electrical, mechanical, structural or television cable alteration in or to their Unit without the prior consent of the Board.
(c) No garborators shall be installed in any Residential Unit without the prior written consent of the Board, which consent may be arbitrarily withheld.
(d) No Owner shall overload existing electrical circuits in their Unit and shall not alter in any way the amperage of the existing circuit breakers in their Unit.
(e) Units shall be used only for such purposes as provided for in the Corporation's Declaration and as hereinafter provided. No immoral, improper, offensive or unlawful use shall be made of any Unit. All municipal and other zoning ordinances, laws, rules and regulation of all government regulatory agencies shall be strictly observed.
(f) No Owner shall permit an infestation of pests, insects, vermin or rodents to exist at any time in their Unit or adjacent Common Elements. Each Owner shall immediately report to the Property Manager all incidents of pests, insects, vermin or rodents and all Owners shall fully co-operate with the Property Manager to provide access to each Unit for the purpose of conducting a spraying program to eliminate any incident of pests, insects, vermin or rodents within the buildings.
(g) The growth of cannabis and/or manufacturing of cannabis products is strictly prohibited within the Condominium Units, on Common Elements and/or exclusive use Common Elements. The production and/or manufacturing of any illegal substance is also prohibited in all areas of the Condominium.
7. Commercial Units
(a) The toilets, sinks and other parts of the plumbing system shall be used only for purposes for which they were constructed and no sweepings, garbage, rubbish, rags, ashes or other substances shall be thrown therein. The cost of repairing damage to the Common Elements and other Units resulting from misuse or from unusual or unreasonable use shall be borne by the Owner who, or whose, tenant, guest, visitor, servant, patron or agent shall cause it.
(b) No owner or occupant shall make any major plumbing, electrical, mechanical, structural or television cable alteration in or to their Unit without the prior consent of the Board.
(c) No Owner shall overload existing electrical circuits in their Unit and shall not alter in any way the amperage of the existing circuit breakers in their Unit.
(d) Units shall be used only for such purposes as provided for in the Corporation's Declaration and as hereinafter provided. No immoral, improper, offensive or unlawful use shall be made of any Unit. All municipal and other zoning ordinances, laws, rules and regulation of all government regulatory agencies shall be strictly observed.
(e) No Owner shall permit an infestation of pests, insects, vermin or rodents to exist at any time in their Unit or adjacent Common Elements. Each Owner shall immediately report to the Property Manager all incidents of pests, insects, vermin or rodents and all Owners shall fully co-operate with the Property Manager to provide access to each Unit for the purpose of conducting a spraying program to eliminate any incident of pests, insects, vermin or rodents within the Building.
8. Garbage Disposal
(a) Loose garbage is not to be deposited in the garbage chutes. All garbage must first be properly bound, packaged or bagged to prevent mess, odours and disintegration during its fall down the garbage chute or in the disposal room.
(b) Owners and occupants shall ensure that recyclables are disposed of in the proper chutes.
(c) Glass bottles and other glass material shall not be thrown down the chute but shall be deposited in the designated recycling area.
(d) Any objects that might block the garbage chute shall be stored in such area designated by the Board. No such items shall be left outside the unit or on any exclusive use common elements.
(e) No garbage shall be placed in the garbage chute between the hours of 11:00 pm and 7:00 am.
(f) Owners, residents and tenants are not permitted to dispose of oversized items via the garbage chute(s) or disposal area. Owners, residents and tenants are prohibited from blocking the garbage bins or leaving large objects and/or cartons in the loading dock, garbage staging or waste management areas. Larger items shall be disposed of at the cost of the Owner, resident or tenant, as applicable.
(g) No garbage is to be left on the floor of the disposal areas.
(h) No garbage, recyclables or other items for disposal shall be left outside a Unit or on any exclusive use Common Elements.
(i) No burning cigarettes, cigars, ashes or other potential fire hazards shall be put in the garbage bins or anywhere in the garbage disposal areas.
(j) Owners and tenants shall properly separate waste, recycling and organics/green bin materials and place them in the chute appropriately.
9. Tenancy Occupation
(a) No Unit shall be occupied under a lease unless, prior to the tenant being permitted to occupy the Unit, the Owner shall have delivered to the Corporation a completed Tenant Information Form, a duly executed Tenants Undertaking and Acknowledgment, Summary of Lease or Renewal pursuant to Section 83(1)(B) of the Condominium Act, an executed copy of the Application/Offer to Lease and the Lease itself.
(b) In the event that the Owner fails to provide the foregoing documentation in compliance with paragraph (a) above prior to the commencement date of the tenancy, and in compliance with Section 49 of the Act, any person or persons intending to reside in the Owner's Unit shall be deemed a trespasser by the Corporation until and unless such person or persons and the Owner comply with the within rules and with the Act.
(c) Within seven (7) days of ceasing to rent their Unit (or within seven (7) days of being advised that their tenant has vacated or abandoned the Unit, as the case may be), the Owner shall notify the Corporation in writing that the Unit is no longer rented.
(d) The foregoing documentation shall be supplied promptly and without charge to and upon request for same by the Corporation.
(e) No Owner shall allow their tenant to sublet their Unit to another tenant.
(f) All Owners shall be responsible for any damage or additional maintenance to the Common Elements caused by their tenants and will be assessed and charged therefor.
(g) During the period of occupancy by the tenant, the Owner shall have no right of use of any part of the Common Elements.
(h) The Owner shall supply to the Board, their current address and telephone number during the period of occupancy by the tenant.
10. Elevators and Moving
(a) Furniture and equipment shall be moved into or out of the building only by the elevator designated for such purpose (the "service elevator") by the Board. The service elevator shall be used for the delivery of any goods, services or home furnishings where the pads to protect the elevators should be installed as determined by the manager or its staff in their sole discretion. The time and date for moving or delivery shall be fixed in advance by arrangements and reservation with the manager. The reservation shall be for a period not exceeding six (6) hours.
(b) The owner and the person reserving the service elevator shall be liable for the full cost of repairs to any damage to the service elevators and any part of the common elements caused by the moving of furniture or equipment into or out of the suite or the delivery of goods, services and home furnishings or equipment into or out of the suite.
(c) Except with prior written authorization of the Board, moving and deliveries shall be permitted only between the hours of 8:00 a.m. and 8:00 p.m. Monday to Saturday inclusive and shall not take place on public holidays.
(d) Upon moving from a Unit, the Owner or occupant vacating the premises shall surrender all common element keys and fobs and any garage access devices in their possession to the purchaser.
(e) Purchasers or tenants acquiring a Unit shall register with the Property Manager or its staff prior to the move in date.
11. Parking
For the purpose of these Rules, "motor vehicle" means a private passenger automobile, station wagon, compact van, or motorcycle as customarily understood. No motor vehicle parked upon any Parking Unit or Common Elements shall exceed a height of 2.0 meters and a length of a standard parking space defined in the by-laws of the Town of Oakville.
(a) No vehicles, equipment or machinery, other than motor vehicles shall be parked or left on any part of the Common Elements and without limiting the generality of the foregoing, no Parking Unit areas shall be used for storage purposes.
(b) Parking is prohibited anywhere that is not designated as a visitor parking stall or Parking Unit. Parking or stopping of vehicles is prohibited in the following areas:
- Fire route
- Traffic lanes
- Loading dock
- Delivery and garbage areas
- Roadways
(c) No servicing or repairs shall be made to any motor vehicle, trailer, boat, snowmobile, or equipment of any kind on the Common Elements without the express written consent of the Property Manager or the Board. No motor vehicle shall be driven on any part of the Common Elements other than on a driveway or parking space.
(d) No motor vehicle, trailer, boat, snowmobile, mechanical toboggan, machinery or equipment of any kind shall be parked on any part of the Common Elements, nor in any Unit other than in a designated parking space but which provision shall not apply for the purposes of loading and unloading furniture, or other household effects of the Owners provided that the length of time where such parking is limited shall be no longer than is reasonably necessary to perform the service.
(e) All motor vehicles operated by Owners must be registered with the Property Manager. Each Owner shall provide to the Property Manager the licence numbers of all motor vehicles driven by residents of that Unit.
(f) No motor vehicle shall be driven on any part of the Common Elements at a speed in excess of posted speed.
(g) No person shall place, leave, park or permit to be placed, left or parked upon the Common Elements any motor vehicle which, in the opinion of the Property Manager or as directed by the Board, may pose a security or safety risk, either caused by its length of unattended stay, its physical condition or appearance or its potential damage to the property. Upon seventy-two (72) hours' written notice from the Property Manager, the Owner of the motor vehicle shall be required to either remove or attend to the motor vehicle as required and directed by the Property Manager, in default of which the motor vehicle shall be removed from the property at the expense of the Owner. If a motor vehicle is left standing in a parking space or upon the Common Elements and is unlicensed or unregistered with the Property Manager, the vehicle may be towed without notice to the Owner and at the Owner's expense.
(h) Motorcycles shall be licensed and equipped with the most recent noise control devices and operated on the roadways and in a manner so as not to disturb the other Owners. Mopeds and bicycles shall be operated only on the road and in such manner as not to obstruct traffic. No mopeds and bicycles are permitted to be operated on sidewalks.
(i) No unlicensed motor vehicle including mopeds and go-carts shall be driven within the property complex and no person shall operate a motorized vehicle within the complex without proper operating licence.
(j) No person shall park or use a motor vehicle in contravention of these Rules otherwise such person shall be liable to be fined or to have their motor vehicle towed from the property in which event neither the Corporation nor its agents shall be liable whatsoever for any damage, costs or expenses whosoever caused to such motor vehicle or to the Owner thereof.
(k) No motor vehicle having a propane or natural gas propulsion system shall be parked anywhere on the property, including Parking Units or visitor parking areas.
(l) No Parking Units shall be used for any purpose other than to park a motor vehicle that is a private passenger automobile, station wagon, compact van or motorcycle.
(m) Residents are not permitted to park in the visitor parking stalls. No person is permitted to park in the visitor parking for more than 24 consecutive hours. If any suspicious vehicle, as reported by a resident, is parked within the visitor parking stalls, the Condominium Corporation may have the vehicle towed.
12. Bicycle Storage
(a) Bicycle storage shall only be used for the storage of bicycles.
(b) The Condominium Corporation is not responsible for any theft or damage to any bicycles or property in the bicycle storage units.
13. Storage Lockers
(a) No propane, charcoal or other barbecues shall be permitted to be stored in Storage Locker Units.
(b) Owners and their tenants are prohibited from storing any dangerous or combustible materials, perishable items, or any other items which may damage or cause foul odours to emit from their Storage Locker Units.
(c) The Condominium is not responsible for the safety and security of items stored in Storage Locker Units.
14. Balconies, Terraces, Patios and Other Exclusive Use Areas
(a) No propane, charcoal or other barbecues shall be permitted on any balcony. Barbeques are only permitted on patios and terraces using natural gas hookups.
(b) No one shall harm, mutilate, destroy, or litter the Common Elements or any of the landscaping work on the balconies, terraces and patios and exclusive use areas.
(c) No one shall alter any of the landscaping work on the balconies, terraces and patios and exclusive use areas without the express written consent of the Board.
(d) No hanging or drying of clothes is allowed on any balcony or exclusive use area.
(e) Balconies, patios and terraces and exclusive use areas shall not be used for the storage of any goods or materials.
(f) Only seasonal furniture approved by the Board is allowed on balconies, terraces, patios and exclusive use areas. All such items shall be safely secured in order to prevent such items from being blown off the balcony, terrace, patio or exclusive use areas by high winds.
(g) No Owner, occupant or tenant shall do or permit anything to be done on a balcony, terrace, patio or exclusive use area which does or may unreasonably disturb, annoy or interfere with the comfort and/or quiet enjoyment of the Units and/or Common Elements by other Owners, occupants or tenants.
(h) No Owner, occupant or tenant shall do or permit anything to be done on a balcony, terrace, patio or exclusive use area which may cause harm to the waterproof membrane beneath a balcony, terrace, patio or exclusive use area, including but not limited to the planting of trees or shrubs, placement of tile, decking, carpeting or other covering, flagpoles, ornaments or any other items, materials, improvements or installations that may, in the sole discretion of the Condominium Corporation, cause harm, presently or in the future, to the waterproof membrane beneath a balcony, terrace, patio or exclusive use area.
(i) No Owner, occupant or tenant shall do or permit anything to be done on a balcony, terrace, patio or exclusive use area which by reason of its weight, size, or use may overload a balcony, terrace, patio or exclusive use area, including but not limited to hot tubs and wading pools, without written consent of the Board.
(j) No awnings or shades shall be erected over or outside of balconies, terraces, patios and exclusive use areas without the prior consent of the Board. The Board shall have the right to prescribe the shape, colour and material of such awnings or shades to be erected.
15. Owner's Contractors, Trade or Service Personnel
No contractor, trade or service personnel may or shall enter upon the property to perform any work or services in or about any Unit (including an "exclusive use" common element area) that may or will affect the Common Elements or common building services unless such persons or firms are:
(a) Employed directly by the Condominium Corporation; or
(b) Employed by a Unit Owner in circumstances where the intended performance of work and/or services in or about a Unit has first been approved, in writing, by the Corporation and where the work and/or services are supervised by an approved contractor or service personnel in accordance with the Corporation's written direction; and the Owner of the Unit has provided to the Corporation a deposit in a reasonable amount to cover the Corporation's initial costs of supervision (to be adjusted upon completion of the work); and where the Owner has entered into a written undertaking to indemnify the Corporation with respect to any expenses, damages or costs whatsoever incurred by the Corporation arising from the carrying out of the work by the Unit Owner's contractor, trade or service personnel including any resulting damage to the Common Elements or to common building services which arises during or following completion of the work. Any such expenses, resulting damages and costs may be collected by the Corporation from the Unit Owner in the same manner as common expenses.
16. Indoor Amenity Room and Rooftop Amenity (the "Amenity Space")
(a) Use of the Amenity Space is for residential occupants of the Building only. Commercial Unit owners and occupants are not permitted to make use of the Amenity Space.
(b) Use of the Amenity Space is at the user's risk. It is unsupervised. People under the age of 16 must be accompanied by an adult at all times.
(c) No smoking is permitted in the Amenity Space.
(d) No resident shall permit any illegal act in or adjacent to the Amenity Space or upon the property of the Condominium.
(e) The Amenity Space may not be used for any purpose after 2:00 am.
(f) No resident shall permit noisy, rowdy or raucous behaviour in or adjacent to the Amenity Space nor any behaviour or noise which disturbs the comfort and enjoyment of other residents, their families, guests, visitors and persons having business with them.
(g) No equipment, furniture or items are to be taken out of the Amenity Space.