Rules and Regulations

Welcome to York Condominium Corporation No. 83

The information below has been compiled to provide you with some of the knowledge you are most likely to need to help you get settled in our community. As new or established resident,there are many questions you have concerning your new home. The information  provided here is intended to answer, in a short and concise way, as many of those questions as possible. Please consult the Property Manager and/or any of the Directors for clarifications,

___YORK CONDOMINIUM CORPORATION No. 83

This Corporation (consisting of 105 single family residential dwellings) was registered in 1973. At the time of registration the developer/constructor registered a Declaration. The articles of the Declaration govern our condominium (subject to the Ontario Condominium Act) and may only be amended by the unanimous consent of all (100%) of unit owners and mortgagees.

The affairs of the Corporation are also governed by By-Law No. 1 (subject to the Declaration and the Ontario Condominium Act) which may be amended by a vote of 66% of all unit owners and mortgagees.

___THE CONDOMINIUM CONCEPT

The Condominium concept of living combines elements of private and common ownership. This tends to reduce the cost of accommodation without sacrificing the financial advantages of home ownership. It does mean, however, that we must work together to protect the investment which we all share and that we must practise a lifestyle which does not interfere with each other's enjoyment of our own homes.

___PRIVATE UNITS AND COMMON ELEMENTS

You own the interior of your own unit (the boundaries of which are described as "Unit" in Article 1(a).6 of the Declaration). Everything else is defined as Common Elements and includes the foundations, walls and roofs of the building, as well as the land, grass, trees, fences, and driveways. The Common Elements are owned by the Corporation of which you are a shareholder.

The portion that you own individually is yours to maintain and insure. The Common Elements are maintained and insured fully by you and all of your neighbours through the Corporation.

Balconies, driveways, front doors, storm doors, windows, garage doors and fences areas of the Common Elements surrounding each unit are all termed "Exclusive Use" areas, but they remain part of the Common Elements and must be kept by you in accordance with the requirements of the Declaration and By-Law and the Condominium Act-Ontario.

___BOARD OF DIRECTORS

The affairs of the Corporation are conducted by the seven (7) persons on the Board of Directors which are elected by all shareholders (owners not in arrears!) of the Corporation. They serve two (2) or three (3) years. Executive officers are selected by the Board to assume responsibility for different aspects of the organization and affairs of the Corporation.

Board meetings are usually held once a month. All unit owners are welcomed to attend. 

However, only Board members are legally allowed to vote on issues raised and business transactions. Visiting unit owners may only speak on a particular issue if invited to do so by the Board of Directors. Those wishing to be present at a Board meeting are asked to contact a Board member before the meeting so as to ascertain the location and time of such a meeting.

___THE CONDOMINIUM MAINTENANCE CONTRIBUTION / FEE

The common expense payments, payable to: YORK CONDOMINIUM CORPORATION No. 83, represent the individual owner's portion of the total expenses involved in maintaining the Common Elements part of the development.

A detailed budget, approved by the Board of Directors and presented at a General Meeting of Shareholders, establishes the financial needs of the Corporation for the coming year.

Each member/shareholder is assessed a fee which varies according to the type of unit and the percentage of the total Common Element assigned at the time of registration. These percentages are indicated in Schedule B of the By-law.

The payment is due on the first day of each month. In accordance with our Declaration, each owner must send 12 post-dated cheques, (payable to: YORK CONDOMINIUM CORPORATION No. 83 ) to the Property Management Company at the beginning of each fiscal year (January). The Ontario Condominium Act specifies that the Corporation may take legal action (place a lien on the property, power of sale, or sue) if necessary to collect outstanding fees.

___HOW MAINTENANCE CONTRIBUTIONS ARE SPENT

Your monthly common expense fees cover the following items:

- Management

- Building Maintenance (exterior and common elements of units)

- Landscape and Snow Clearance Contract

- Grounds Improvements (trees, sod, flowers, etc.)

- Cable Television (one outlet per unit)

- Water (including that used by each unit owner)

- Hydro (lights throughout the grounds only)

- Insurance ("All Risks" plus public liability. This does not include the inside of the units nor the contents.)

- Legal and Audit Fees incurred by the Corporation

- Miscellaneous (printing of newsletters, photocopying of documents and/or letters, watering of grassed areas, stamps, etc.)

- A portion of the "fee" is also put into a contingency RESERVE FUND (10% is the minimum in accordance with the Ontario Condominium Act, 1979, 1983, 1986, 1990, 1998, 2006).

___PROPERTY MANAGEMENT COMPANY

A Property Management Company is retained under contract by the Corporation to provide expert advice concerning maintenance and on-going supervision of the contractors providing services to the Corporation.

The Management Company collects the monthly common expense payments, keeps the financial records of the Corporation, pays the bills (subject to the control of the Board of Directors) arranges for maintenance, repairs or improvements to the Common Elements to be contracted out, inspects the property to determine the need for maintenance, and deals with emergencies involving the Common Elements.

The Management Company acts on the instructions of the Board of Directors. The Management is also the agent of the Corporation for enforcing the Declaration and By-Law.

Whenever you have a problem regarding any aspect of management or maintenance, you should contact the Management Company immediately.

If, however, you feel that your request(s) has(have) not been handled satisfactorily by the Property Manager, please contact a member of the Board of Directors for further assistance.

___INSURANCE

The Corporation insures the Common Elements against damage resulting from fire, smoke, explosion, lightning, windstorms, the impact of aircraft, vandalism, terrorism and such.

The Condominium also carries public liability insurance to protect the Corporation in case of lawsuit arising from bodily injury on Common Elements or through the operation of the Corporation.

The property is professionally appraised before the annual renewal or replacement of the policies to guarantee that our coverage is adequate. A copy of the Certificate of Insurance is distributed to all shareholders soon after the A. G. M. (Annual General Meeting) . Please contact the Property Manager if the Certificate of Insurance is not distributed within a period of three weeks after the A. G. M.

NOTE: Individual owners/shareholders must provide their own insurance on the "contents" of their units. In general, the Corporation's policy for the replacement cost insurance provides for the restoration of the unit to the condition it was in when the original purchaser took title of it. Essentially, this means that one coat of paint would be applied to the walls, the original fixtures replaced, and hardwood or tile floors laid.

The Corporation's insurance policy does not cover:

- any glass or window;

- any improvements that were not part of the original (when it was registered!) unit such as wall paper, upgraded or replaced broadloom, new light fixtures, rugs, panelling;

- furniture and personal belongings.

In order to fit insurance needs of the individual unit owners a special tailored policy is available throughout the industry. It is strongly recommended that every unit-owner carefully sees that he/she has the proper coverage.

A Condominium Unit Owner's Policy ensures on the following coverage and is available in a "All Risks" or "Named Perils" form

- Improvements, Alterations and Additions for the exclusive and occupancy of the unit;

- Furnishings, Personal Effects and Valuables;

- Off-Premises Extensions;

- Emergency Living Expenses;

- Liability Hazards.

• An insurance agent/broker can best advise you on this very important matter.•

___CABLE TELEVISION

The Corporation has entered into a legal agreement with ROGERS COMMUNICATIONS INC. whereby it bills the Corporation for one outlet in each home with one billing rather than with 105 separate bills. In this manner, it costs the individual owner about half of what would be if he/she were individually billed.

If you require additional outlets, a converter, or FM connections, or other services, please contact ROGERS COMMUNICATIONS INC. .

Please note that it is unlawful, and a breach of contract, to install extra outlets by other contractors or by yourself. This action may lead to the cutting of services to the individual owner and/or the entire development.

___PUBLIC UTILITIES

• HYDRO

TORONTO HYDRO bills you directly for any electricity that you use in your house. It bills the Corporation for the electricity used in the rest of the development (the light posts and floodlights between blocks of units).

• WATER

All water used by the Corporation and by individual homeowners is paid by the Corporation. You do not receive a separate water bill. 

However, in spite of this fact, it is important that all of us practise water saving techniques when using water. What you use is directly felt by the entire community in the form of reduced monthly payments to the Toronto Utilities Commission.

___LANDSCAPE, GARBAGE PICK UP, RECYCLING, SNOW REMOVAL

• LANDSCAPE

Lawns are cut as required (usually once a week) during the growing season.

Fertilizer and weed spray are (may be) applied in the Common areas. Hedges, shrubs and trees (located in the Common areas) are pruned or trimmed as required or when requested by the Board of Directors.

Unit owners are responsible for the proper maintenance of the areas deemed "Exclusive Use" in the front and back of their units. However, if these areas are not properly maintained, the Board has the legal power (and obligation) to maintained them at the owner's expense.

• GARBAGE PICK-UP 

Garbage is collected by the City of Toronto on alternate WEDNESDAYs in accordance with the City of Toronto's  Garbage Recycling and Green Bin Collection Calendar schedule. You must use the new  curbside-GARBAGE Bin to receive collection services. Consult the calendar (delivered to you in June) and/or the Recycling and Solid Waste page on this site.

Garbage that does not comply with the City of Toronto's  regulations will not be picked up. 

Twice-a-year, the registered unit owner will receive an Utility Bill from the City of Toronto's Water and Solid Waste Management department covering the cost (or rebate) of your curbside-garbage bin. You, not the Corporation, are responsible for its payment. 

Questions regarding Solid Waste collection/removal must be resolved by contacting the City at 311. 

• GREEN BIN

You must use the GREEN Bin to put organics (fruit and vegetables scraps, paper towels, coffee grinds, etc.) out for separate collection along with garbage and recycling. The Green Bin is collected every WEDNESDAY. Consult the calendar and/or the Recycling and Solid Waste page on this site.

• RECYCLING

 All recyclable items are to be placed in the BLUE bin and are collected by the City of Toronto on alternate WEDNESDAYs. You must use the Blue Bin to receive collection services. Consult the calendar and/or the  Recycling and Solid Waste page on this site for information and/or clarification.

The GARBAGE, GREEN, and RECYCLING bins are to be left behind if you ever sale your unit.

• SNOW CLEARING/REMOVAL

The clearing of snow from the development's internal roadway, individual driveways and pathways is done, under contract, by the Landscaping company.

The contract, in simple terms, stipulates that the snow must be cleared from the main roadway within two (2) hours and from individual driveways within four (4) hours after the snow stops falling. Please be advised that not all contractors are willing or able to clear the path in front of each unit's front door. The Board will always try to include this type of clearing in its contract with a Landscaping company.

While the contractor (under the direction of the members of the Board of Directors) tries hard to adhere to the exact terms of the contract, we must accept that, on occasions, strict adherence will be impossible due to equipment breakdown, being present at another development, and/or too much snow.

If you feel that the snow is not being cleared/removed properly or/and on time, please contact the Management Company immediately with your views.

___MAINTENANCE OF COMMON ELEMENTS

All repairs required by the buildings, including roofs, exterior walls, balconies, fences, driveways, shingles, drain pipes and all other Common Elements, are the responsibility of the Corporation. The interior of the dwellings, front and back doors, storm doors, and garage doors (excluding painting of same) are the responsibility of the individual homeowner. These are considered "Exclusive Use" items and, therefore, under constant use by the homeowner.

If you are aware that a repair is required to any of these elements (individual or common!), please contact the Property Manager immediately. You may use the REQUEST FOR SERVICE form .

• If you feel that suitable repairs have not been made, discuss the matter with the Property Manager or a member of the Board of Directors.

___CHANGES TO THE COMMON ELEMENTS 

Written approval must be obtained from the Board of Directors before any changes are made to the Common Elements. Copies of the written approval will be kept on file by the Board of Directors and the Management Company. This rule serves to protect you in two ways:

(a) the Corporation cannot, at a later date, request that you restore the Common Elements to their original state, and

(b) your neighbours cannot make changes (which you may find distasteful) without approval from the Board of Directors.

For your guidance, some changes which will need written approval are indicated below:

- fences

- doors (all entrances and/or exits)

- windows

- permanent gas barbecues and/or gas lights (if you still have them in your backyard!)

- air conditioner

- adding / removing greenery

If in doubt, check with the Property Manager or a member of the Board of Directors before planning any changes. Avoid the expense of having to undo what was incorrectly done.

___PETS

Pets are not forbidden, although the By-law does not permit them to be kept on the Common Elements. Owners who have pets must maintain full control of them at all times.

The Board of Directors (or its agent) has the authority to order the removal of a pet from the property. However, this action would only be taken if

- Written complaints were received from at least two (2) different unit owners;

- An inspection by the Board (or its agent) indicated that a problem did in fact exist; and

- Written notice was presented to the pet owner indicating the nature of the problem and the Board's intention to order the pet's removal.

It is the Board's wish that problems arising from pets be corrected well before anyone has to face the loss of a pet.

NOTE: A homeowner is financially responsible for the repair of any kind of damage to the Common Elements done by his/her pet(s).

___AIR CONDITIONERS

The installation of any air conditioning device requires a written application to the Board Of Directors before work is assigned to a contractor. Failure to do this, will result in the removal of the device at the owner's expense.

The Board has decided that all devices installed must be properly licensed by the Province of Ontario and must be installed by a fully licensed, fully qualified, and bonded contractor. The devices installed must not exceed 24000 BTUs.

___ELECTRICAL

The main fuse box is located in the basement of each unit. Extra 15 AMP fuses should be kept on hand. It is extremely dangerous to use fuses of any other size (i.e., 20 AMP or 30 AMP).

It is absolutely essential that the TORONTO HYDRO (or a qualified electrician!) inspect any/all changes which are made in the wiring of your unit. Otherwise our insurance policy could be deemed invalid.

___PARKING

• VISITOR'S PARKING

There is only one location within the condominium development legally reserved for visitor's parking. This is located on the east side of the development. It is also indicated on the map that accompanies this package. Visitors are not restricted to these reserved spaces but can park in any of the lots. Wherever they park, please be aware that all parking spaces in the development are guided by the City of Toronto's by-laws and that, consequently, all restrictions apply. 

As these visitor parking spaces are too few to accommodate all visitors, they are not to be used by residents for parking a second or third vehicle. Your second (or third?) vehicle will be subjected to all the restrictions of the City of Toronto's by-laws; that is, it may be tagged or/and towed away at your expense.

To make things easier and fair, our complex uses a visitor call-in system. If you have visitors, please use one of the following methods to acquire a one-night permit:

Telephone: 416-231-9191

and/or

Online Visitor Registration:  http://www.vvmonline.com.

• INTERNAL ROADWAY

It is illegal to park along the main roadway/lane since it provides the only access for fire fighting and other emergency vehicles. Legal signs have been posted along the roadway as a means to remind people of the intended used of the roadway.

The legal, posted speed in the roadway is 10 km/h. Speed bumps have been installed in order to ensure compliance to this speed.

• TRUCK/COMMERCIAL VEHICLES

It is a violation of the By-law of the City of Toronto to park trucks (exceeding 2.5 metric tonnes in weight) and/or commercial vehicles in individual driveways (unless loading or unloading) or parking areas. This By-law would only be enforced upon receipts of a complaint (from any homeowner!) and failure to reach a satisfactory arrangement between the Board of Directors and the owner(s) of the vehicle.

Any vehicle parked in contravention of any of these By-laws (the Corporation's and the City of Toronto's) is liable to be ticked by the police (or the Board's agent!) and/or towed away at the owner's expense. The Board has contracted a security company to enforce these by-laws.

___HOUSE RULES AND BY-LAWS

(This is a partial list. A full list is available upon request from the Property Manager)

• FOR SALE SIGNS

For aesthetic reasons only one FOR SALE sign will be permitted and it should be placed on its own post at the front of the unit. Once the unit has been sold, the sign should be removed and any damage to the lawn be repaired by the unit owner or realty agent.

• CLOTHESLINE

For a number of years in most communities in Ontario, our development included, there existed bylaws stating that "no clothes shall be hung outside (or on) the units." 

However, in the spring of 2008, the provincial government changed the rules, so "that any place in Ontario-except on balconies or apartment buildings and condominiums due to safety issues-you can put up a clothesline." 

In view of this change, the board has issued the following directive: 

All clotheslines in the complex must conform to the following rules:

- be free-standing (not attached to any common element, such as fences, railings, etc.); 

- be located exclusively in the backyard; 

- be clear of clothing on a regular basis (clothes should not be left on the line for extended periods of time); and 

- not curtail access to common elements as may be necessary from time to time.

Failure to follow these rules will result in the removal of the clothesline(s) at the owner's expense.

• GARBAGE

- To recycle metal items such as appliances, barbecues (no propane tanks). bed frames, furnaces, hot water heaters, metal bath tubs, and bicycles you must  call 311 to arrange for a special collection  (maximum 3 items). For safety, remove doors from fridges, freezers, ovens and other appliances. If a special collection is not pre-scheduled, metal items will not be collected.

- Furniture, mattresses, box springs, toilets, plastic lawn furniture, etc. items may be placed at curbside for pick-up on your regular garbage collection days.

- Carpeting, underpad and linoleum items must be tied in rolls measuring no longer than 1.2 m (4') and weighing less than 20 kg (44 lb.).

___REPAIRING VEHICLES

In accordance to the Corporation By-law "no private passenger automobile (or any other type of vehicle) which is not being used from day to day or which is undergoing repairs of any nature shall be parked or located upon the common elements or any part thereof." 

The Condominium Act only allows for minor repairs to be done in your driveway or inside your garage. However, please be aware that the cost of repairing any damage to the driveway or/and garage will be borne by the unit owner.

___GARDENING

The small areas adjacent to each unit (front and back) are maintained by the owners who are thereby encouraged to help beautify the property. Results in the past years have been most attractive. Further, please be reminded that agricultural products (food stuffs) should be planted only in the backyard. Please ensure that any planting in the backyard does not in any way interfere with emergency situations. (It should not block a possible exit from your unit during an emergency.)

However, the Board of Directors has the power and obligation to clean any of these areas at the owner's expense, if it deems them not to be within the prescribed requirements of the Declaration.

You are reminded that Board approval must be obtained if you have any substantial changes planned (patio stones, trees, fences, permanent barbecues, gas lights, air conditioners, etc.) before going ahead.

___GRASS WATERING

Grass watering has been a problem in the past as all landscaping contractors do not want to be bothered with it. Consequently, it is requested that all homeowners water the grassed areas in front and back of their respective units and the immediate areas beyond. Please do your utmost to keep the grounds as green as possible. This goes a long way in insuring the beauty and value of our community.

If this is not possible, please leave your hose/s out (and the water turned on!) during the spring and summer so as to allow a neighbour, a volunteer, or hired help to water the grassed areas.

______________________

UPDATED: August 28, 2010