What is a condominium? HALTON CONDOMINIUM CORPORATION NO. 336 BARCLAY SQUARE 223 REBECCA STREET, OAKVILLE, ONTARIO Rules & Regulations Many associate the word condominium with apartment style buildings that usually include some extra amenities like a pool, games room, fitness areas and more. In reality, a condominium is a form of property ownership that is based on the principle of shared ownership and shared responsibility. When you purchase a condominium you are purchasing ownership within a unit; and a shared right to the buildings and walls surrounding all the units in the development. You are also purchasing a shared ownership and responsibility in the common grounds and amenities that make up the development. The areas of a condominium that each unit owner shares common ownership in, and responsibility for, are known as Common Elements. The specific definition of what constitutes the Common Elements is included in the Declaration which is a document which forms part of the Title/ownership documentation. The condominium ownership concept can be applied to many different building types. In Oakville there are condominium apartments, townhomes, bungalows and even semi-detached homes. What are Common Elements? The Common Elements would typically include everything in the complex except the interior of the units themselves. These items would include: common walls, exterior walls, roofs, windows, doors, building structural components, land and surrounding grounds, trees, landscaping, etc. The importance of understanding if something is part of a Unit or a Common Elements depends upon who has responsibility for the particular item. Items that are part of the Common Elements are the responsibility of the Condominium Corporation. Why do condo owners pay a monthly condo fee? The monthly condominium fee (sometimes referred to as the maintenance fee) covers both the upkeep of the Common Elements and is used to build up a Reserve Fund. The Condominium Act requires that Condo Corporations establish a Reserve Fund to cover the major repair and replacement of the Common Elements and Assets of the Condominium. The condo fee may also include expenses such as water (e.g. for irrigation), and hydro (e.g. for street lighting). It is important to understand what is included in the fee. Rules & Regulations The following Rules & Regulations have been developed with the objective of maintaining the quality of life for all Residents in the Barclay Square community. 1. Landscaping: a. A change to any grassed area requires Board Approval 1. b. Planting of shrubs and trees in exclusive area requires Board Approval 2. c. Planting of flowers is only permitted within the existing flower beds 3. d. Vegetable gardens are not permitted 3. e. Bird feeders and lawn ornaments are only permitted within the exclusive use area in the back garden 3. f. Fountains and Arbours are not permitted 3. g. Bird baths are not permitted 3. 2. Fencing: a. Only existing Common Use Area fences are permitted. Maintenance or repairs are the responsibility of the Corporation. Any repairs required because of damage caused
by a Resident will be for the account of the Unit Owner*. b. Invisible fencing for pets is not permitted**. * Declaration reference appendix: paras1 & 2 * Condominium Act S 98 **Community Standards - Board 3. Seasonal Garden Furniture: a. Permitted in rear exclusive use area only. Landscape maintenance around furniture is the responsibility of the resident**. b. Not permitted in Front yard**. c. Permitted on Front porch. However furniture must be in keeping with community standards, and must not interfere with walkway clearance and access to the property**. d. Flower boxes are permitted on railings or windowsills only, and they must be removed by November 15th each year. Unit Owner is responsible for any consequent required repairs to the property**. e. Hanging flower baskets are permitted in front and back Common areas, but must be removed by November 15 th each year**. f. Composters are not permitted**. g. Storage Bins are permitted in back yard Exclusive use area only. They must not exceed 3 feet in height, and Landscape maintenance around the bins will be the Resident s responsibility**. 3 Community Standards Board **Community Standards - Board 4. Exterior of Units and Attachments: a. Door kick Plates, welcome signs, door knockers and name plates are not permitted*. b. Exterior light fixtures at front door (coach light) and garage are maintained by the Corporation and no changes are permitted*. c. Light fixtures in the exclusive use area are owner s choice and maintenance is the responsibility of the Unit Owner*. d. Address numbering is the responsibility of the Corporation. No changes are permitted*. e. Carpeting on common use stairs or porches is not permitted*. f. Entrance landing railings: Original equipment is to be maintained. The addition of railings for safety reasons, is permitted but requires Board approval*. g. Antennas and towers are not permitted*. h. Satellite Dishes are permitted if not attached to the Unit or common fences, or in the front of the Unit**. i. Exterior Unit painting is permitted with board approval, i.e. with approved colours*. j. Shutters, and balconies are not permitted*. k. One mounting bracket for a flag pole is permitted 3. * Declaration reference appendix: Para 1, 2, 3, & 8 * Condominium Act S98 5. Interior of Units: Internal walls or partitions within the Unit cannot be erected, removed or altered without the prior written consent of the Board. * Declaration reference appendix: Para 5, 6, & 8
6. Driveways, Curbs, Concrete Walks (street side of a unit): Additions or alterations are not permitted. Maintenance is the responsibility of the Corporation*. 7. Sundry Items: a. Motor Vehicles: No commercial vehicle or equipment shall be parked or maintained on the unit driveway and roadways. No major repairs to vehicles of any kind are permitted anywhere in the complex**. b. Parking: Resident parking is permitted only on unit driveways. Designated parking areas are for guest parking only, and subject to regulations and monitored overnight. Illegally parked vehicles may be ticketed and/or towed. * Declaration reference appendix: para 9 **Community Standards - Board c. Roadways: Internal roadways have been designated as Fire Routes by the Town of Oakville. This prohibits parking on either side of the roadways at any time 2. 2 Local Bylaws d. Noise: Unreasonable noise is not permitted. Residents shall maintain low noise level at all times. Particularly after 11 PM there should be no loud music or parties. 2 Local Bylaw (Town of Oakville Bylaw No.1963-29. e. Seasonal/Christmas Decorations: These are permitted. However: - Lights on eave troughs are to be attached with plastic clips only. - Wreaths are to be attached with over-the-door hangers or magnets on door only. - Christmas decorations are allowed on porches and railings. - Floodlights are permitted, but only on lawns or flowerbeds. - Floodlighting attached to any part of the Unit are not permitted. - Lights are allowed on large evergreens, trees, shrubs. - All Christmas decorations must be removed by January 31 st. Unit owners are responsible to the Corporation for any repairs to the common elements which have may have been caused by Seasonal decorations.
f. Flags: These are permitted, but must not exceed 3 x 5 size 9 (mounting pole not to exceed 5 ft) and can only be displayed for National holiday purposes. They may be displayed for one week before, and up to one week after the respective holiday. Permanent fixtures are not permitted. g. Recreational equipment: Basketball Nets and jungle gyms or swing sets: Not permitted. However sandboxes are permitted in exclusive use areas only, provided they are equipped with a cover. h. Blue and Green Boxes, & Garbage Bins: These are permitted, but should not be put out at the curb before 7pm the night before pick-up. Containers must be removed within 12 hours after garbage pick-up. i. Hot Tubs or swimming pools : These are not permitted. j. Garage Sale: A community sale is permitted. Board will determine the date (generally in the spring) in conjunction with the Social Committee. No Auction sale of any kind may be held on the property. k. Signs: Real estate For Sale signs are permitted on the front lawn, but must be removed after 30 days. However a sign can be placed in the front window as an alternative. Political signs are only allowed during campaign period. No other signs are permitted i.e. advertisements or notices inscribed, painted, affixed on any part of the inside/outside of the building, vehicles or the common elements. l. Smoke Detectors and Carbon Monoxide Sensors: It is the Unit Owners responsibility to ensure that they are functioning properly and are
maintained in accordance with the Ontario Fire Code and any local authority by-laws 1. 1 Ontario Fire Code m. Pets: No animal, livestock or fowl of any kind shall be kept in/at any Unit; with the exception of dogs, domestic cats, & birds. Pets are not allowed to roam loose, and dog houses are not permitted 2. 2 Local Bylaw n. Gas Fireplaces: Any change of location or addition of gas fireplaces or air conditioning units must have prior written Board approval, and they must be on the exclusive use common element only. The installation must be done by a professional contractor and the appliance must be covered by appropriate liability insurance. o. Permanent Hanging Patio lights/lanterns coloured exterior lights: These are not permitted. p. Rental/Leasing of Units: Any Unit Owner leasing a Dwelling Unit shall not be relieved thereby from any of his/her obligations with respect to the Unit or pursuant to the Act, which shall be joint and several with the tenant. It is the Unit Owner s responsibility to supply the tenant with a copy of the rules q. Conduct: Residents are responsible for respecting the quite and peaceable enjoyment of the property by other residents. For example: Residents are responsible for the conduct of their guests. r. Decks/patios: Decks/patios are not intended for permanent storage of household goods, or other unsightly items. The Manager may request the owner or tenant to remove any items that are considered to be in bad taste or detract from the general appearance of the property. Items permitted on the deck/patio are outdoor furniture, plants, bikes and approved barbecues. Barbecues must be large freestanding gas grills. Charcoal grills are not permitted due to the fire hazard. Items should not be hung or draped over the railings or along decks. s. Access to Units: The Manager has the right of entry into all units for emergencies and to check for compliance
with fire codes and other related maintenance required for the safety of the buildings. t. Smoke Detectors: Smoke detectors are required in each unit and will be tested annually. Fire Codes require these devices If you have any problems with this equipment it is the Unit Owner s responsibility to ensure that any necessary repairs/replacements are made at the earliest opportunity. u. Rule/Regulation Enforcement: The Manager is responsible for enforcing the rules and regulations of the Condominium. Any disputes regarding the enforcement of the rules and regulations will be decided by a vote of the Board of Directors. v. Any loss or damage incurred by the Corporation by reason of a breach of any of the Rules & Regulations by an owner, guest, employee, agent or tenant of the owner, will be the responsibility of the Unit Owner and they shall be held responsible for the damages which shall be recovered by the Corporation in the manner as common expenses. OWNERS ARE ENCOURAGED TO REVIEW THE DECLARATIONS, BYLAWS AND RULES OF THE CORPORATION. * Please note: Any modification to common elements including exclusive use elements, must be approved by the Board. Proposed modifications must be presented to the Board with the necessary documentation i.e.: plans, registration under section 98 etc., for their consideration. Unauthorized modifications are subject to removal by the Corporation, at the Unit Owners expense: As duly authorized by the Corporation s declaration and the Condominium Act of Ontario. APPENDIX 1: Extracts from the Declaration. Para 1: Unless otherwise provided herein, no alteration, work, repairs, decoration, painting, maintenance, structure, fence, screen, hedge or erection of any kind whatsoever shall be performed, done, erected or planted within or in relation to the common elements (including any part thereof over which any owner has the exclusive use) except by the Corporation or with its prior written consent or as permitted by the by-laws or Rules. Para 2: No exterior aerial, antenna or satellite dish shall be placed on the Building or Lands unless the board consents in writing to the said antenna, aerial or satellite dish, which consent shall be in the sole and unfettered discretion of the board and may be subject to such conditions as may be determined by the board. Para 3: No change is to be made in the colour of any exterior glass, window, door or screen of any Dwelling Unit except with the prior written consent of the board. Each owner shall ensure that nothing is affixed, attached to, hung, displayed or placed on the exterior walls, including awnings and/or storm shutters, doors or windows of the Building except with the prior written consent of the board, and further, when approved, subject to the Rules. Para 4: No owner of a Dwelling Unit, without consent in writing from the board, which consent may be unreasonably and arbitrarily withheld, shall install or construct any permanent or semi-permanent form of enclosure of any exclusive use common element. Para 5: Where and to the extent that concrete, concrete block or masonry portions of walls or columns located within a Dwelling Unit are not load-bearing walls or columns, and contain no service conduits that service any other Dwelling Unit or the common elements an owner may, with the prior written consent of the board which may attach any reasonable condition to its consent, including the approval of the insurer of the Property, erect, remove or alter any internal walls or partitions within his Dwelling Unit. Para 6: Prior to performing any work which an owner is entitled to perform pursuant to subparagraph (j), the owner shall lodge with the board the drawings and specifications detailing
the location, materials and method of construction and installation of such work together with a Certificate addressed to the Corporation from a duly qualified architect and/or structural engineer carrying on business in the Province of Ontario certifying that if the work is carried out in accordance with the drawings and data so lodged with the board, the structural integrity of the common elements will not be impaired and such work will not interfere with or impair any structure where the functioning or operation of any machinery and equipment which is part of the common elements. All work performed under subparagraph (j) will be carried our in accordance with: i) The provisions of all relevant municipal and other governmental by-laws, rules, regulations or ordinances; (ii) The conditions, if any, of approval by the board; and (iii) The drawings, specifications and data lodged with the board as set out in subparagraph (k) above., (m) Forthwith following the completion of any work which an owner is entitled to perform pursuant to subparagraph (j), the owner shall deliver a further Certificate from the said architect and/or engineer, or such other architect and/or engineer as may be acceptable to the board, certifying that the work has in fact been completed in accordance with the drawings and data previously lodged with the board, the structural integrity of the common elements has not been impaired, and that such work has not interfered with or impaired any structure or functioning or operation of any machinery and equipment which is part of the common elements; or failing such certification, specifying in reasonable detail the reasons why such certification cannot be made. Para 7: Each owner shall maintain his unit and subject to the provisions of the Act and of this Declaration, each owner is to repair his unit, any exclusive use areas of the common elements after damage and any privacy fences installed originally by the Declarant, all at his own expense. Furthermore, the owner of a Dwelling Unit shall also be fully responsible for the maintenance, repair and replacement of any gas heating/electric cooling unit contained within his Dwelling Unit. Each owner is 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 so maintain and repair his unit (Section 5.01 - Maintenance of Unit by Owner). Para 8: No owner shall make any structural change or alteration in or to any Dwelling Unit, and without limiting the generality of the foregoing, to any boundary wall, load-bearing partition wall, air-conditioning or electrical installations or facilities or make any change to an installation upon the common elements or make any change or alteration in or to any door or window, forming part of a unit, 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, all without the consent of the board. Any changes whether or not of a nature requiring the approval of the board shall be made in accordance with the provisions of all relevant municipal and other governmental by-laws, rules, regulations or ordinances and if the approval of the board is required, in accordance with the conditions, if any, of such approval by the board. Para 9: Each Parking Space shall be occupied and used only as a private parking space on which may be parked a motor vehicle and without restricting any wider definition of motor vehicle as may be made by the board, "motor vehicle" shall include a private passenger automobile, station wagon, van, mini-van and motorcycle as customarily understood. Each Parking Space shall be maintained in a clean and sightly condition (Section 4.03 - Occupation and Use of Parking Spaces) Para10: Pets may be allowed to travel over common element areas provided that in such situations all such pets must be under leash or caged. No animal, livestock or fowl, other than household pets may be kept or allowed in a Dwelling Unit. Such pets however shall be limited to dogs (other than "guard' or "attack" dogs), cats and birds. No pet however that is deemed by the board, in its absolute discretion, to be a nuisance is to be kept in any Dwelling Unit. In the event that the board deems any such pet to be a nuisance the owner, within two (2) weeks of written notice from the board or the manager of the Corporation requesting the removal of such pet shall permanently remove such pet. Para 11: No owner shall lease his Dwelling Unit unless he first obtains the written approval of the Corporation to any proposed tenant and to the actual form of lease and he shall further cause
the tenant to deliver to the Corporation an agreement signed by the tenant, to the following effect: "I, covenant and agree that I, members of my household and my guests from time to time, will, in using the Dwelling Unit rented by me and the common elements, comply with the Condominium Act, the Declaration, By-laws and Rules and Regulations of the Condominium Corporation, during the term of my tenancy". The owner shall forthwith further furnish the board with an executed copy of the lease in question and with his own forwarding address and telephone number from time to time and the name and telephone number of the tenant (Section 4.02 - Requirements for Leasing) DEFINITIONS: From Condominium Act, Declaration et al Bylaws: Bylaws set up the condo association and how it runs, operates and manages the condo association. The rules and regulations are for the individual home owners and how they need to behave. What you can or can t do. The bylaws may have a paragraph or chapter that states the rules when the condo was set up. The bylaws also tell you what you own, what you don t, what is common and who is responsible for siding, roof, doors, windows and interiors. Common Areas: Includes all the property except the interior of the Units. Community Standards: These are rules of conduct proposed by the Board, and generally accepted by the community. Declaration: This deals with the framework of the condominium corporation i.e. its constitution. It describes the location, how the common interests and expenses are apportioned, specifies restrictions and obligations on the corporation and the unit owners Exclusive Use portions of the Common Elements: The Owner of each Unit shall have the exclusive use of the following areas: Front Yards: The area immediately located in front of the Unit and within the boundaries described in the title documents. Rear Yards: The area immediately located behind the Unit and within the boundaries described in the title documents. Board of Directors The Board of Directors are elected by the condominium's homeowners. Condominium by-laws outline the number of directors and the length of the term they serve. The board looks after the running of the condominium. It makes sure that money is collected, bills are paid, and violations of the rules and by-laws are addressed. The Board is also responsible for reviewing the condominium's bank statements and preparing and distributing a budget. Even if the Board of Directors chooses to contract a professional management company to run the day-to-day affairs of the condominium, the Board of Directors is still ultimately responsible for management of the condominium. By-Laws The by-laws are rules regarding a condominium corporation's internal operations. They establish procedures and rules that promote the safety, security and welfare of owners, property, and assets of the corporation. You should be familiar with the condominium's by-laws as it will contain information about any restrictions - for example pets, renting, number of occupants, making rennovations... Common Elements Common elements are the components of the condominium in which homeowners share joint ownership. This may include parking areas, roof, recreational areas, hallways etc. Condominium Act Ontario's Condominium Act regulates development, registration and the running of
condominium corporations within the province. If interested, you can view a copy of Ontario's Condominium Act (363 kb - pdf). Condominium Corporation A Corporation without share capital, created under the Condominium Act for the purposes of administering the operation, maintenance and repair of the common elements and assets of the condominium. The Corporation is guided by a Board of Directors consisting of homeowners. Condominium Ownership The ownership of a condominium involves 2 aspects: - Separate ownership and title of your home (and sometimes parking) - Shared ownership and costs of maintaining and repairing the common elements, which are shared by all homeowners. Declaration The declaration is a document that creates the condominium corporation. It defines the boundaries for each home and the common elements. It allocates responsibility for the repair and maintenance of the homes and common elements; outlines the condominium' s provisions regarding occupancy and use; specifies common expenses and each owner's proportionate interest in the common elements; and details each owner's percentage share of the overall common expenses. Exclusive Use Common Elements Particular areas within the condominium' s common areas which homeowners have the exclusive right to use and enjoy. Examples may include balconies, patios, parking, etc. Maintenance / Condominium Fees Also referred to as common area expenses. Maintenance fees are a monthly charge for the utilities, regular upkeep, management, administration and insurance for the common element areas. The fees vary according to project and home size. Each homeowner's portion of these expenses is set out in the budget statement, which lists the percentage for which each unit is responsible. Occupancy Fee (New Development) The monthly payment (just like rent), payable to you, for living in your home prior to final closing. It consists of 3 components: - Estimated Monthly Maintenance Fee - Estimated Monthly Realty Taxes - Estimated Monthly Interest Component Property Manager The property manager handles the day-to-day running of the condominium, such as hiring of staff, maintenance and repairs. The property manager is under contract to the condominium corporation. A representative from the property management company usually attends board meetings. Some condominiums may not have a property manager. These are sometimes referred to as self-managed condominiums. The Board of Directors, with the help of volunteers, will assume responsibility for the day-to-day management in these cases. Registration The process by which the condominium's declaration and description are formally approved and the condominium corporation is formed. Reserve Fund A fund required to be set aside by the Condominium Corporation to cover the major repair and replacement of the common elements and assets of the condominium. Reserve Fund Study A study to determine whether the amount of money in the fund and the amount of contributions collected, to date, are adequate to cover forecasted maintenance and repairs. Special Assessment When a condominium incurs expenses for projects or repairs that have not been budgeted for, the individual homeowners are assessed for the cost of the repair or the intended project. A well run and maintained condominium rarely has the need for special assessments. A prospective buyer would be wise to learn if the condominium has had a history of special assessments.
Status Certificate A document containing information regarding the operational, legal and financial status of the condominium corporation. This document can contain the declaration, by-laws, rules and regulations,insurance information, reserve fund balance, other financial disclosures, legal description of the unit and management contract (if applicable). It may also include information about any legal filings or judgments against the condominium. A buyer should always review the status certificate. Unit All the space within the set boundaries of your home, as specified in the declaration.