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The following rules and regulations have been made in accordance with the Condominium Act, (1998) and shall be observed by each owner. The term “owner” shall include the owner or any other person occupying the unit with the owner’s approval, including a family member, guest, or lessee. The owner shall bear the responsibility for any damage or injury caused by an occupant, family member, guest, or lessee.


(A) Use of the common elements and units is subject to the Rules that the Board of Directors has made or may make to promote the safety, security or welfare of the owner and of the property, and prevent unreasonable interference with the use and enjoyment of the common elements and of other units.

(B) Rules are binding on all unit owners.

(C) An owner shall not create, or allow the creation of, or continuation of, any noise or nuisance that disturb the comfort or quiet enjoyment of the property by other owners.

(D) Owners who will be absent from their units for more than three (3) days are to advise the Resident Building Manager, in writing, of their period of absence and to give the name, address and telephone number of a contact person during their absence or the names of persons who will be occupying the unit in their absence.

(E) Owners are to notify the Board of Directors promptly of any structural, mechanical or other defect affecting the property, and of any accident occurring on or in relation to the property, including, without limiting the generality of the foregoing, water pipes, heating systems or electrical systems

(F) Because this is a residential property, no commercial sale, auction or business shall be carried on or held on the property without prior written approval from the Board of Directors.


By-Law 1, Article 39 (2) states that condominium fees are due on the first of each month.

Notices of other payments will state the date on which they are due.


(A) Cheques and pre-authorized payments submitted to the Corporation by owners for monthly condominium fees, key or FOB purchases and/or any other payment made by cheque from time to time, will be subject to a $25.00 administrative fee in the event that such cheque is returned by the bank because of insufficient funds, or for any other reason.

(B) Payments received after the date they are due will be subject to a $25.00 administrative fee.

(C) These administrative fees will be levied by the Corporation against the unit owner’s account and will be collectible in the same fashion as common element fees.


(A) Parking on the condominium driveway or grounds is restricted to a short-term (maximum 20 minutes) pickup or delivery, except for medical situation.

(B) The speed limit for motor vehicles and bicycles on the common elements, including the garage, shall be ten (10) kilometres per hour.

(C) Parking spaces may be rented, but only to residents of Park Square.

(D) No major repairs, lubrication or oil change shall be made to any motor vehicle on any part of the common elements or on any parking unit.

(E) Car washing is not permitted except in the area designated for the purpose.


(A) An owner shall not do anything, or permit anything to be done in a unit, or bring or keep anything therein, which will:

(i) obstruct or interfere with the rights of other owners to their comfort and quiet enjoyment of the property;

(ii) conflict with any insurance policy carried by the Corporation or any owner;

(iii) conflict with any of the rules or by-laws of the Fire Department, the Health Authorities or the municipality; or

(iv) alter the exterior appearance of the property or any of the common elements.

(B) The cost of repairing damage to any part of the building resulting from the misuse of any equipment or water apparatus in a unit shall be borne by the owner of that unit.

(C) If damage to one owner’s property by another owner results in a claim against the Corporation’s master insurance policy, the owner causing the damage will be responsible for the deductible portion of that claim.

(D) Owners may not make any alterations in their unit that could interfere with the electrical, air conditioning, heating, water, telephone, and cable services delivered to other units

(E) Portable dishwashers, laundry machines, and powered fans in stove hoods are not permitted in units, since these interfere with the flow of water and air, respectively, to other units.

(F) Owners must apply to the Board for approval before undertaking any major plumbing, electrical, mechanical or structural alteration in or to the unit.

(G) Except for foyers, bathrooms, kitchen and storage areas, any new floor installations, other than carpets, shall be underlaid, at the owner’s expense, by a noise reduction system approved by the Board. In order to obtain such Board approval, owners are required to submit the following documents, prior to commencement of work:

(i) a letter from the flooring installer, or a notation on the quotation or purchase order certifying that the system being installed(including a sound deadening underlay) has an FIIC rating equal to or greater than 65;

(ii) a description of the flooring material to be used, the manufacturer of the underlay, the installation method and the rooms to be covered. The Board of Directors or their agent/representative reserves the right to inspect the work during the installation for the purpose of ensuring that the work is being carried out as specified.

(H) Windows may be covered with curtains, drapery, vertical or horizontal blinds, or wooden shutters. If a window is to be covered by any other method, prior written consent of the Board is required.


(A) For the purposes of these rules, “lease” shall mean a written agreement between the owner of a condominium unit and a third party for the occupancy of a condominium unit (or a parking space).

(B) No lease shall be for a term of less than one year.

(C) Any sub-lease or assignment of lease shall terminate on the same day as the original lease or any lease renewal.

(D) No tenant, sub-tenant or assignee of a lease shall be allowed access to a condominium until:

(i) the owner of the unit has complied with section 83 of the Condominium Act, 1998 (the “Act”) (Notification by owner); and

(ii) the tenant of the unit has complied with paragraph 13 (C) of the Declaration (tenant’s undertaking to comply with the Declaration, By- Laws, Rules and Regulations); by completing the forms prescribed by the Act and the Board.

(E) Owners shall supply to the Board the names of all residents or tenants of all units and the names of all users of lockers and the license number of all motor vehicles that are parked in parking units.

(F) The Corporation may apply to the Superior Court of Justice for an order enforcing compliance with these rules and /or terminating the lease, sublease or assignment of lease if there has not been compliance with these rules. All costs incurred by the Corporation relating to enforcement of these rules shall be borne by the unit owner and collected by the Corporation from the unit owner as common expenses.


(A) Owners must take appropriate care with and are solely responsible for any damage stemming from furniture, flowerpots, glass table tops and any other movable objects on balconies. Unit owners should take into consideration occasional high winds. Any loss, damage or claim against the Corporation that arises from a breach of this rule by any owner together with any costs incurred by the Corporation in defending any such claim shall be borne by the owner and collected from the owner as additional common expenses.

(B) No permanently affixed carpets are allowed on balconies.

(C) No awnings, shades or windscreens shall be erected over or outside of the windows or balconies without the prior written consent of the Board.

(D) Balconies shall not be used in any manner which may detract from the appearance of the building, e.g. unsightly storage, washing and drying of clothes.

(E) No television antenna, aerial, tower, satellite dish or similar structure shall be erected on or fastened to any unit or parts of the common elements.

(F) Throwing cigarette butts and other objects from a balcony is strictly prohibited.

(G) No bird feeders or animal feeders of any nature or description, domestic or otherwise shall be used on any balcony at anytime. Feeding stray animals, pigeons, rabbits, squirrels or any other wild animal is prohibited in all common element areas, including exclusive use areas.

(H) No objects or planters of any kind may be hung from or attached to balcony railings.


(A) No one shall harm, mutilate, destroy, alter or litter any of the common elements or any of the landscaping work on the property including grass, trees, shrubs, hedges, flowers and flower beds. The cost of repairing any damage to any of the common elements by an owner shall be borne by the unit owner.

(B) Announcements and notices may be posted on the community bulletin board in the Mail room in accordance with the Policy Statement on the use of the bulletin board.

(C) No other signs, advertisement, decoration or notice shall be inscribed, painted or placed on any part of the building or any of the common elements, including the windows, windows sills or projections, or elevators, without the prior written consent of the Board of Directors.

(D) The entries, sidewalks, passageways, hallways, stairwells, walkways and driveways that are part of the common elements shall not be obstructed by any owner or used for any purpose other than for entrance to and exit from the building, a unit or some other part of the common elements.

(E) No personal items, such as footwear, baby carriages, or shopping carts, are to be placed in hallways, including the areas adjacent to unit entrances.

(F) No goods and chattels may be left or stored on the common elements except as specifically authorized by the Declaration, By-laws and Rules or the Board.


(A) Laundry rooms are for the use of all owners regardless of the floor on which their unit is situated.

(B) Persons using the Laundry Room equipment shall observe Laundry Room etiquette as well as other notices and instructions posted in the laundry room area.


The Recreational Facilities include the indoor swimming pool, saunas, showers,changing rooms and toilets.

(A) Recreational Facilities are open from 6:00 am to 11:00 pm.

(B) Owners use the Recreational Facilities at their own risk. Children under twelve (12) years of age must be accompanied by an adult at all times and must not be left unattended.

(C) Owners shall wear cover-up clothing and footwear when going to and from the Recreational Facilities.

(D) Owners using the Recreational Facilities shall be governed by the rules posted in the swimming pool area.

(E) Bathing suits are required in the swimming pool.

(F) No food or drink is permitted except water in plastic containers.

(G) The Board of Directors shall have the right, in its absolute discretion, to withdraw from any resident the right to use the Recreational Facilities as a result of any breach of any rules in respect thereof or misuse of these facilities.


The following rules apply to owners and tenants, whether moving in or out. Owners are responsible for ensuring that their tenants adhere to these rules.

(A) The owner must give notice, of at least 30 days, of an intended move and a reservation made for the use of the service elevator, with the Building Manager.

(B) Normal hours of moving shall be from 9:00 am to 5:00 pm, Monday to Friday. No moves are permitted on Saturday or Sunday or statutory holidays.

(C) There is a non-refundable charge of $50.00 for the use of an elevator for any move. Payment is to be made by cheque (not cash) payable to CCC No.145.

(D) A refundable deposit of $200.00, also payable by cheque to CCC No. 145, is to be left with the Building Manager to cover the cost of possible damage to the common elements incurred during the move. This deposit will be returned if no damage occurs, 30 days after the move. The owner will be billed accordingly if damage in excess of $200.00 occurs. The owner reserving the service elevator hereby authorizes the Corporation to deduct from the security deposit lodged with it the cost of any repairs. If the cost of repairs exceeds the amount of the security deposit the full cost of repairs less the amount of the security deposit shall be assessed against the owner reserving the service elevator as a common element expense.

(E) The owner shall be held responsible if their tenants fail to pay the $50.00 charge in Rule 10(C), the $200.00 deposit in Rule 10(D), or for any damage in excess of $200.00 caused during the move.

(F) The owner must ensure that a responsible adult remains in the main floor lobby to supervise the move and maintain security. Failing this, a security guard must be hired for this purpose at the owner’s or tenant’s expense. In the absence of such a responsible person, the Board reserves the right to impose a penalty of $100.00 to be taken out of the $200.00 refundable deposit.

(G) The front doors must not be left open for extended periods during cold weather (below 0 degree C) or heat waves (above 30 degree C).

(H) Objects are not to be placed against the mirrors, brass finishes, or wallpaper or on the furniture in the main lobby, or floor lobbies.

(I) Owners must reserve a service elevator with the Building Manager for an appropriate time to receive deliveries such as large household appliances or furniture; meet the trades and/or delivery persons at the lobby and supervise the transfer of goods to their unit.


(A) All fire doors to stairwells on all floors and the garbage room door, the basement doors and the garage doors shall be closed when not in use.

(B) Hazardous materials or products shall not be put into the garbage chute. It is strictly prohibited to store any hazardous materials in storage lockers.

(C) Smoking is prohibited in all common areas.

(D) Each unit owner shall ensure that the unit is in compliance with all requirements of the Fire Code. Without limiting the generality of the foregoing, each owner shall ensure that the unit contains working smoke detector (s) / smoke alarm (s) as required by the Fire Code. Smoke alarms must be tested regularly by the unit occupant.

The owner shall indemnify and save harmless the Corporation from any costs, damages, claims or expenses incurred by the Corporation by reason of his or her failure to satisfy the requirement of this Rule.


Where a unit is leased, the owner and tenant shall bear these responsibilities jointly.

(E) Building access doors shall not be left unlocked or wedged open for any reason.

(F) Owners and occupants shall not overload existing electrical circuits.

(G) No gas, wood or charcoal grills may be used in a unit or on a balcony.

(H) Blocking water sprinklers within the storage lockers is strictly prohibited.

(I) Use of a “natural” Christmas tree in a unit is prohibited.


(A) No debris, refuse or garbage shall be left or placed in or upon the common elements other than into the garbage chute or in the garbage bins provided for that purpose.

(B) Loose garbage is not to be deposited in the garbage chute. All garbage destined for the garbage chute must first be properly bound, packaged or bagged to prevent mess, odours and disintegration.

(C) Hazardous, toxic, poisonous or combustible materials shall not be put into the garbage chute or placed in the recycling bins.

(D) Recyclable papers, magazines, cartons, glass, metal and plastics shall not be thrown down the garbage chute, but shall be placed in the designated recycling bin.

(E) Glass (windows, drink glasses, dishes, mirrors, light bulbs) must be securely packaged in a cardboard box and labelled “GLASS” so garbage operators are aware of its contents.


(A) Pets weighing more than 10.5 kg (25 pounds) and all exotic pets are prohibited in all common elements and units. No unit shall have more than one resident dog.

(B) For the purposes of these rules, “resident dog” or “resident pet” shall mean a dog or pet which resides on a permanent basis with a resident in a unit.

(C) All resident pets shall be registered in writing with the Condominium Manager.

(D) A unit owner may be permitted to have a pet visit their unit, but written approval from the Board is required for any pet staying greater than 3 days. No unit owner will permit a guest pet to remain in their unit for more than 14 days. A unit owner breaching this rule will be treated in the same manner as set out below for nuisance pets.

(E) Permitted pets shall not be allowed to create a disturbance, and for the purpose of this provision “disturbance” shall mean any noise or objectionable behaviour which is annoying or disturbing to any owner/occupant, but nothing herein shall restrict the discretion of the Board.

(F) Every dog shall be carried by hand or be in a container or, if strictly supervised, be on a leash (maximum length 1.25 meters or 4 feet) when in the passageways, the elevators, and the lobbies, as well as in the garage and courtyard when not in a vehicle. Strict supervision shall include ensuring that no person is touched by the dog unless encouraged by that person and no common element furniture is touched. Any dog which starts to bark in the common elements (including balconies and the courtyard) shall be immediately removed from the common elements and any dog which starts to bark within a unit near the entrance door shall be immediately removed from that area.

(G) Other pets shall be carried by hand or be in a container when in the passageways, the elevators and the lobbies, as well as in the garage and courtyard when not in a vehicle.

(H) No pet shall be allowed in the swimming pool and its surrounding area or in the changing and laundry rooms.

(I) No pet shall be permitted to defecate or urinate on the common elements (including the balconies, the courtyard, the grounds and the garage). Every owner of a pet shall be responsible for the activities of such pet and any damage caused by it to any part of the property.

(J) No pet that is deemed by the Board in its sole discretion to be a nuisance shall be kept by any owner in any unit or on any part of the common elements. Any owner of such a pet shall, within two weeks of receipt of written notice from the Board respecting its removal , permanently remove such pet from the property.

(K) Notwithstanding the previous rules set out herein, service dogs deemed to provide essential living assistance to an owner with a disability shall be exempted from these rules to the extent necessary to accommodate such special need while not endangering the safety, security and quiet enjoyment of any other owner.


(A) Any repairs to the units or common elements shall be carried out between 8:00 a.m. and 5:00 p.m. from Monday to Friday and between 9:00 a.m. and 4:00 p.m. on Saturday. No renovation and/or construction is permitted on Sunday and statutory holidays.


(B) Owners must follow the rules outlined in the Renovation/Restoration Guidelines. Owners are responsible to ensure that their contractors adhere to these Guidelines.

(C) ASBESTOS and OTHER HAZARDOUS SUBSTANCES – By Board Resolution dated June 3, 2013. All Owners must practice the following Occupational Health and Safety Act (and Regulations) requirements:

i. All residents are hereby notified that the condominium corporation has received an expert report, which has revealed the presence of certain hazardous substances in certain locations on the common elements and in the units. The attached report is a Designated Substance Survey (the “DSS”) prepared by Pinchin Environmental Ltd’ and dated April 12, 2013.

ii. The hazardous substances revealed by the DSS, and their locations, are shown in the attached report.

iii. The expert has advised that the hazardous substances do not represent a health risk as long as they remain in good condition and are not disturbed (for example, during repair or maintenance work in the area in question).

iv. The expert has also provided, in the DSS, several recommendations with respect to the handling of asbestos-containing materials during any work performed on the property.

v. As required by Regulation 278105 under the Ontario Occupational Health and Safely Act, the Corporation has prepared and implemented the Asbestos Management Plan to handle asbestos present on the property on an on-going basis.

vi. Pursuant to the Asbestos Management Plan, and according to the Ontario Occupational Health and Safety Act (and Regulations), all residents are required to:

 advise any workers employed by the resident of the information contained in the DSS;

 advise any workers employed by the residents of the contents of the Corporation’s above-noted Asbestos Management Plan; and

 ensure that all workers employed by the resident to undertake any work which may disturb asbestos-containing materials have received the appropriate-training to undertake such work, in accordance with the Ontario Occupational Health and Safely Act (and Regulations), and undertake all such work in accordance with the Asbestos Management Plan.


The following rules and guidelines have been made in consultation with the Board of Directors and the current users of the Park Square Workshop, in order to promote proper usage of this facility, enhance the safety and security of all members and prevent unreasonable interference with its use and enjoyment.


(A) The workshop is for the use of all “owners and residents”. The term “owners and residents” shall include any other person occupying the unit with the owner’s or residents’ approval, including a family member, guest or tenant.

(B) Children using the workshop, under 16 years of age must be accompanied by an adult at all times and must not be left unattended.

(C) Use of the workshop is at the owners’ and residents’ own risk.

(D) Owners and residents using the workshop must sign a waiver form: “CCC 145 Release and Indemnity Respecting Use of the Park Square Workshop”.

(E) The workshop should always be locked and is accessible only to those who have purchased a key from the Resident Building Manager.

(F) Users of the workshop shall appoint a Coordinator who will keep track of all who

have access to the workshop and who will post an up to date list of users in the


(G) Users of the workshop shall sign the log sheet each time they use the workshop.

(H) Smoking in the workshop is strictly prohibited. No one will be allowed in the workshop if they are under the adverse influence of drugs or alcohol.

(I) Safety practices must be observed at all times.

(J) Powered machinery and other woodworking equipment in the workshop may not be used by workshop users unless they are also members of the Park Square


(K) The Workshop Coordinator shall have the right, in his absolute discretion, to withdraw from any owner or resident the right to use the workshop as a result of any breach of any of the above Rules or misuse of the facility.


(A) The workshop is a shared space and must be left clean after use. Respect for other users will be observed at all times.

(B) Projects in progress may be temporarily left out so long as that does not likely impede use of the facilities by others. A note shall be clearly displayed on the work in progress with the person’s name, unit number and telephone number.

(C) The entry door must be kept fully open at all times when the workshop is occupied.

(D) All tools and materials used in the making of projects and in pursuit of hobbies will be provided by the user with the exception of members of the Park Square Seniors Hobby Group (PSSHG) who share tools that are the property of the group.

(E) The workshop is comprised of two rooms. The room farthest from the entry door is to be maintained as a clean room and ventilated accordingly. Activity that may generate dust of any kind shall be confined to the first room.

(F) The last user of the workshop will turn off the lights and lock the door with the dead-bolt (upper) lock on exiting.

(G) Storage space may be available. The name of the person using the storage space must be displayed on the secured space. The Coordinator shall determine space availability and the rates to be charged shall be the same rate as those applied to the Park Square Seniors Hobby Group.

PART III: Additional Rules and Guidelines that apply to members of the PARK SQUARE SENIORS HOBBY GROUP (PSSHG)

(A) Membership in the PSSHG is open to all persons who are already entitled to use the Park Square Workshop and prepared to abide by these additional rules and guidelines.

(B) For an annual fee of $25, payable to Park Square Seniors Hobby Group, members will receive a key to the machinery key box that contains keys to the power tools and locked cabinets.


(C) Funds held by the PSSHG shall be used for equipment, materials and services that are of common benefit to its members.

(D) The tariff for lockable storage space shall be $0.25/cu. ft. rounded up to the lowest multiple of $0.25* per month.

(E) A list of current members shall be posted in the Workshop.

(F) A machine or tool owned in common by PSSHG shall not be used until the user has become fully familiar with its safe usage.

(G) The dust collector shall be used on all equipped machines to which it can be attached.

(H) Before leaving the Workshop all machines and tools that have been used during that visit will be locked, keys returned to their allocated location in the key box, the key box locked, machines unplugged and extension cord(s) detached and not left as a tripping hazard

*This translates to $4 for a locker. The advantage of a per volume basis is that as and when other lockable space is available there is an equitable fee structure.


(A) Always Wear Safety Equipment

The first and most important rule of woodworking is to wear appropriate safety equipment. While hearing protection is necessary for some very noisy tools such as routers and surface-planers, and latex gloves may be necessary when applying finishes, there is no time in the wood shop that you should be without your safety glasses. Put them on when you enter the shop, and don’t take them off until you leave. Your eyesight is too important to take chances.

(B) Wear Appropriate Clothing

Whenever working in the wood shop, remember to avoid loose-fitting clothing, as you wouldn’t want any of your attire to become entangled in a saw blade or cutting head. Wear clothes that are comfortable for the environment in which you’re working, but also will protect your body from any wayward wood chips that might result from cutting. Before beginning, remember to remove any dangling jewelry such as neck chains or bracelets.

Do not wear gloves when using machinery and preferably have bare forearms.

Do not wear sandals or open toed footwear.

(C) Avoid Drugs and Alcohol


Intoxicating substances and woodworking are a dangerous mix. Stay out of the wood shop if you are even remotely under the influence of any intoxicants.

While it may seem harmless for the weekend woodworker to crack open a beer (or six) while working on a project, avoid the temptation until you’re finished with the woodworking. You’re going to be much less likely to encounter a problem if you’re clean and sober when working with your power tools.

(D) Disconnect Power Before Blade Changes

Whenever you need to change a blade or bit on a power tool, always disconnect the electricity to the power tool before even beginning the blade change (Don’t just check to see that the switch is off, as a switch could get bumped or malfunction.) Many a woodworker has lost fingers (or worse) by forgetting this simple but very important rule. Some woodworkers even go as far as to affix the wrenches to the power cables so there is NO chance they’ll forget to disconnect the power.

(E) Try Using One Extension Cord

Here’s a very useful tip. For all 110-volt power tools in the shop, use one heavy- duty extension cord. Not one per tool, but one TOTAL. This way, one is forced to switch the cord from tool to tool before the tool can be used. In this manner, you are always remembering to plug and unplug the power when moving from one tool to another, and you’ll be more cognizant of the need to disconnect the power when making bit or blade changes.

(F) Use Sharp Blades & Bits

This one seems like a no-brainer, but a dull cutting tool is a dangerous tool. If a   saw blade is not as sharp as it ideally should be, the tool and the woodworker will have to work harder to complete the desired task. In such cases, the tool will be more likely to kick-back or bind. Besides, a sharper cutting tool will produce a cleaner cut, so there are more than just safety advantages here. Keep the blade sharp and clean of pitch, and you’ll be safer and have better results.

(G) Always Check for Nails, Screws and Other Metal

Another no-brainer tip which doesn’t bear mentioning, so that’s why it’s going to be mentioned here: Always check the stock you’re preparing to cut for any metal (nails, screws, staples, etc.) before beginning a cut. Nails and rapidly spinning saw blades are not a good mix. Not only can this damage the cutting head and the stock, but at the very minimum, can cause the stock to kick back, which is a common cause of injury. Inspect the stock (or better yet, use a metal detector) before cutting.

(H) Always Work Against the Cutter

Woodworking Power Tools are designed so that the direction that the wood moves through the tool (or the direction that the tool moves across the wood) is in the opposite direction of the movement of the cutting head. In other words, a router bit or saw blade should cut against the motion and not with it. The cutter should cut into the stock, not with the stock.

(I) Never Reach Over a Blade to Remove Cut-Offs

When working on a Table Saw, Miter Saw, etc., never put your hands anywhere near the moving blade, especially when attempting to remove waste or cut-offs. Wait until the blade has stopped moving and THEN reach for the cut-off. Better yet, once the saw blade has stopped, use a piece of scrap or a push stick to move the waste away from the blade. Remember that switches can be inadvertently bumped or malfunction, so just because the blade has stopped, don’t relax and put your hands too close.

(J) Avoid Distractions

Distractions are a part of everyday life, and working in the wood shop is no different. When you are summoned or distracted while in the middle of performing an action with a power tool, remember to always finish the cut to a safe conclusion before dealing with the distraction. Taking your attention away from the woodworking tool is a recipe for disaster. Do not wear a head-set, or ear protection.

(K) Think through the whole cycle of a machining event before switching machine on.

(L) Plan for support of material exiting from table saw.


(A) The interpretation, meaning or application of these rules shall be determined by the Board, acting reasonably and within the spirit and intent of the Corporation’s Declaration, By-Laws and Rules.

(B) If, in the opinion of the Board, an owner contravenes any of these rules, such owner may be directed to take remedial action.

(C) The cost of any loss or damages incurred by the Corporation by reason of a breach by any owner of any of these Rules shall be borne by such owner and may be recovered by the Corporation against such owner in the same manner as common expenses.

(D) No decision of the Board shall take effect until the owner has been notified in


(E) An owner shall cease to be in breach of any of these rules upon written notice from the Board.



(the “Corporation”)

Pursuant to Section 58 of the Condominium Act, 1998, S.O. 1998, c. 19 (the “Act”)



  1. Article 12 of the Corporation’s Declaration requires that each dwelling Unit be occupied and a single family private residence and for no other purpose;
  2. Restrictions similar to that contained in Article 12 of the Corporation’s Declaration have been interpreted to mean that residents are to be either owner occupiers or long-term lessees, and that persons should not reside or co-reside in Units simply for convenience purposes;
  3. It has come to the attention of the Board of Directors of the Corporation that one or more Units have been used and/or occupied for short-term, transient, and/or commercial purposes or for guest purposes in the absence of the Owner or long-term lessee residing in the Unit, which has given rise to both administrative and security concerns; and
  4. Section 58 of the Condominium Act, 1998, O. 1998, c.19 (the “Act”) provides that a condominium corporation may make rules respecting the use of the common elements and units to promote the safety, security, and welfare of the Owners and the property and assets of the condominium corporation, or to prevent the unreasonable interference with the use and enjoyment of the common elements, units, or assets of the condominium corporation.


  • These Rules shall be observed by each Owner, his/her families, employees, Guests, tenants, invitees, licencees, and occupants of his/her Unit;
  • The terms used in these Rules shall have the same meanings prescribed to them in the Act, unless otherwise stated herein:
    1. The term “Unit” wherever used in these Rules shall mean a dwelling unit; and
    2. The term “Guest” wherever used in these Rules shall mean an individual residing in a Unit free of charge pursuant to the permission of the Owner and/or tenant of the Unit for a period of no more than one (1) consecutive month in any given twelve (12) month period. Any reference to the term “Guest” shall include the singular and/or plural as the context requires;
    3. The term “Independent Guest” wherever used in these Rules shall be any Guest, as defined above, to whom the Owner and/or tenant of the Unit purports to convey the benefits of a Guest as defined above without the Owner and/or tenant being present for the Guest’s stay in the Unit;

3)      For the purposes of Article 12 of the Declaration, the phrase “single family private residence” shall specifically prohibit:

a)      any “commercial” use within a Unit, which includes, without limiting its general meaning, any of the following:

i)        the carrying on of a business where employees/public attend;

ii)      hotel, boarding, or lodging house use; or

iii)    the disposition of an Owner’s or tenant’s right to occupy the Unit under any arrangement commonly known as time sharing;

iv)    the rental of the Unit on a short term or transient basis for a stay that is less than twelve (12) months in duration and in such a manner that is similar to the commercial operation of a hotel.

b)      any transient use of a Unit, which includes, without limiting its general meaning, the short-term use or occupancy of a particular Unit for a period of more than one (1) month but less than twelve (12) months in any particular period of twelve (12) consecutive months; and

4)      For further clarity, the prohibition above on “commercial” use within the Unit shall not prohibit an ancillary home office within the Unit provided that no clients or business associates attend the Unit or Corporation for the purposes of carrying on the business for which the ancillary home office is used.

5)      For the purposes of Article 12 of the Declaration, the phrase “single family private residence” shall include the following living arrangements:

a)      A social unit consisting of parent(s) and their children, whether natural or adopted, and includes other relatives if living with the primary group;

b)      An adult person living alone, whether single, divorced, a widower, or a widow;

c)      Two persons who are married to one another or living together in a conjugal or common-law relationship;

d)     Two or more unrelated persons who are living together in order to pool their resources and reduce their cost of living, provided that it is clear that their collective intention is to live together permanently;

e)      Two unrelated persons who are each named as owners on title to the unit;

f)       Two or more persons who are siblings of one another;

g)      A family can include one or more persons who are living in the unit in order to provide health care or assistance to a member of the family;

6)      No Unit shall be occupied under a lease or license agreement, or sub-lease, or sub-license agreement, for transient or commercial purposes;

  • No Unit shall be occupied for Independent Guest purposes. For greater certainty, Guests are only permitted to reside in a Unit if the Owner or tenant of said Unit resides in the Unit at the same time as the Guest, no consideration exchanged/not for profit/ no roomers or boarders;

8)      Notwithstanding Section 7 of these Rules, a Unit may be used for Independent Guest purposes provided that:

a)      the Owner or tenant of the Unit is the full-time resident of the Unit immediately prior to the use of the Unit by the Independent Guest, and it is the bona fide intention of the Owner or tenant to re-occupy the Unit thereafter;

b)      the Owner shall, in writing, consent to the use of the Unit by the Independent Guest and acknowledge that the Owner shall be directly responsible; and

c)      the Owner or tenant of the Unit complies with these Rules.

9)      Should a Unit be used for Independent Guest Purposes, for the purpose of effecting compliance with the Act, as well as the Corporation’s Declaration, By-laws and Rules, the Guest shall be considered a tenant of the Unit;

10)  In order to ensure and to facilitate practical and full compliance with the Act an Owner shall provide, prior to entering into a lease of his or her Unit or permitting their Unit to be used for Independent Guest Purposes:

a)      to his/her tenant and/or Guest, a copy of the Corporation’s Declaration, By-laws and Rules;

b)      to Property Management, in the case of a tenant, the Owner’s address and a copy of the lease or a summary of the lease or, in the case of a Guest, the expected duration of his/her stay in the Unit;

c)      to Property Management, the names of all persons intending to reside in the Unit as tenant or Guest; and

d)     such other information as the Board of Directors may from time to time reasonably require;

11)  Prior to the commencement date of the tenancy, the Owner shall deliver to the Corporation an undertaking duly executed by the tenant or Guest in the format outlined below. In the event that the Owner fails to provide such undertaking and/or fails to comply with these Rules prior to the commencement date of the tenancy, and in compliance with the Act, any person or person intending to reside in the Unit shall be deemed to be a trespasser, and entry to or upon the common elements may be expressly denied by the Corporation until and unless such person or persons and the Owner comply with these Rules and with the Act. The undertaking shall read as follows:

“I undertake that I and the members of my household including guests, will in using the Unit rented by me and the Common Elements comply with the Condominium Act, R.S.O. 1970, C. 77, as amended and any Regulations from time to time made thereunder, and with the Declaration, By-laws and Rules and Regulations of the Condominium Corporation No. 145 as the same may be from time to time, during the term of my tenancy.”

12)  Leases to be in unit and contain the following:

“In the event the tenant shall be notified by the Corporation that the landlord is in default of any payment due to the Corporation by the landlord as Owner the tenant shall deduct from the rent payable under this lease the amount of the arrears alleged by the Corporation to be owing by the Owner and the payment thereof by the tenant to the Corporation shall be conclusively deemed payment of rent under this lease.”

13)  Within seven (7) days of ceasing to rent the Unit (or within seven (7) days of the Owner being advised that his or her tenant has vacated or abandoned the Unit, as the case may be), or of a change in tenancy status, the Owner shall notify the Corporation in writing that the Unit is no longer rented or of the change in tenancy status;

14)  The Owner shall remain directly responsible to the Corporation for all common expense assessments and any other charge the Board may direct to the Unit notwithstanding the leasing of the Unit. The Owner shall be responsible for any legal and/or other costs incurred by the Corporation in seeking to obtain the tenant’s, Guest’s, and/or Owner’s compliance with the Act, the Declaration, By-laws, and Rules of the Corporation;

15)  No Owner shall undertake or agree to lease his/her Unit, or to permit the use of the Unit by a Guest, unless he/she undertakes to take all necessary proceedings including, without limitation, legal proceedings at the Owner’s sole cost and expense to terminate such tenancy/occupancy and obtain vacant possession of the Owner’s Unit in the event any tenant/ Guest occupying the Owner’s Unit has breached and continues to breach any provisions of the Act, the Declaration, By-laws, and Rules;

  • In circumstances where efforts to obtain the voluntary compliance of the Owner and/or resident with these Rules are unsuccessful, the Corporation, with the assistance of legal counsel, will enforce these Rules by legal means, including, but not limited to the termination of the tenancy or license arrangement in accordance with enforcement proceedings pursuant to the Act. In such event, the Owner shall be directly responsible to reimburse the Corporation for its full legal costs on a basis as between a solicitor and its own client, together with any interest thereon, within twenty (20) days of being billed for same and the Owner agrees that such costs shall be deemed to be common expenses attributable to Unit and shall be recoverable by the Corporation as such;
  • The Corporation shall be permitted to take the following enforcement actions to effect compliance with the within Rules:
    1. The interpretation, meaning, or application of these Rules shall be determined by the Board, acting reasonably and within the spirit and intent of the Corporation’s Declaration, By-laws, and Rules;
    2. If, in the opinion of the Board, an owner contravenes any of these Rules, such owner may be directed to take remedial action;
    3. The cost of any loss or damages incurred by the Corporation by reason of a breach by any owner of any of these Rules shall be borne by such owner and may be recovered by the Corporation against such owner in the same manner as common expenses;
    4. No decision of the Board shall take effect until the owner has been so notified in writing; and
    5. An owner shall cease to be in breach of these Rules upon written notice from the Board.
  • Where these Rules conflict with any earlier Rules passed by the Corporation, these Rules shall prevail; and
  • The Board of Directors reserves the right to amend the foregoing Rules from time to time.





  1. Section 58 of the Act permits the Board to pass a Rule that promotes the safety, security and welfare of residents and property, which includes the common elements and units as well as a Rule that prevents unreasonable interference with the use and/or enjoyment of the common elements and units;
  2. Section 117 of the Act prohibits an activity from being carried out on the common elements or in any unit that is likely to cause property damage or cause injury to an individual;
  3. The Corporation recognizes that the common elements and units serve as a workplace for the property manager, superintendent, and any and all workers and tradespeople who may attend the Corporation from time to time;
  4. The Corporation is concerned about the irritation and known health risks of exposure to second-hand smoke, increased risk of fire, and increased maintenance and cleaning costs associated with all forms of smoking, including tobacco, cannabis, and/or its derivatives, and/or any substance that could be smoked by an individual;
  5. Second-hand smoke is known to drift through walls and ventilation systems and to contaminate air in common areas and individual units. It is not reasonably possible to completely prevent this migration of smoke with our current ventilation system;
  6. The Corporation has a duty to take reasonable steps to address complaints of second-hand smoke; and
  7. The Smoke-Free Ontario Act of Ontario already prohibits smoking in any and all common areas of the condominium.




“Owner” shall mean the registered owner of the unit.

“Resident” shall mean any individual(s) occupying a unit with the Owner’s consent, permission or approval, whether or not pursuant to a lease agreement.

“Unit” shall mean any residential unit in the Corporation.

“Smoking” shall include the smoking, inhaling, exhaling, vaporizing  and use of any substance or product, including but not limited to cannabis, tobacco, cigarette, pipe, cigar, electronic smoking device that creates smoke, aerosol or vapour of any sort or any similar product emanating vapour or smoke and any illegal substance.

“Cannabis” includes any of the preparations such as marijuana and hashish or any other substance that is derived from a cannabis plant.



Except as otherwise grandfathered by this rule, smoking is prohibited:

  1. Within the units, on or in any exclusive-use common element (including balconies, patios or terraces);
  2. In any interior common element; and
  • On the exterior common elements.

This prohibition applies to anyone on the property, including owners, tenants, occupants and visitors.


Notwithstanding the foregoing, this Rule shall not apply to any Owner or Resident residing in a Unit at the date that this Rule takes effect, who:

  1. Smokes tobacco or tobacco products in their Unit and/or on the exclusive use common element balcony attached to the said Unit,
  2. Wishes to continue Smoking in their Unit and/or on the exclusive use common element balcony attached to said Unit.
  3. The grandfathering provision will not permit the occupant to smoke cannabis, marijuana or any substance other than tobacco.
  4. For the grandfathering to apply, the resident must register with the Corporation on or before the thirtieth (30th) day following the effective date of these rules, by completing the CCC145 Form: GRANDFATHERING REGISTRATION FOR SMOKING.
  5. The grandfathering applies to smoking in their units and their balconies* A grandfathered resident is not allowed to smoke on any portion of the common elements where smoking is prohibited by this Rule.
  6. Grandfathered residents must take reasonable steps to ensure that the smoke does not migrate to the common elements or to other units. All doors and windows should be closed; appropriate air filtering and purifying systems are installed to ensure prevention of second-hand smoke or odours to migrate from the resident’s unit to other units or the common elements.
  7. All costs incurred to prevent migration of smoke or odour to other units is the responsibility of the grandfathered resident.
  8. If a complaint is received by the Corporation regarding smoke or odours entering other units or common elements due to smoking in a grandfathered unit, and cannot be resolved by the concerned parties and to the satisfaction of the Board, the Board has the discretion to end the grandfathering status of the unit and thereby prohibit smoking in the unit.
  9. A Grandfathered Unit exemption shall automatically terminate upon one of the following occurrences:
  10. i) The sale or transfer of the Unit in which the grandfathered individual(s) reside;
  11. ii) The termination of lease of a Grandfathered Unit, if the Grandfathered Unit exemption was granted to a tenant; and

iii) If the individual(s) whose smoking use has been granted a grandfathered exemption ceases to reside in the Grandfathered Unit.


  2. Smoking of cannabis is prohibited in all units and areas as outlined above.
  3. No one shall cultivate, sell, produce, process or test cannabis or substances that contain cannabis  in any unit, on any common element, and exclusive-use common elements including balconies, terraces or anywhere on the Corporation’s property, inside or out.

The Board, at its discretion, may give written permission for a resident to smoke cannabis in the unit. The Medical Exemption would only apply to the individual that requires the exemption, and not to any visitors or guests of the individual’s unit. The resident will be asked:

  1. To provide written evidence from a physician sufficient to explain the medical need, including why it is necessary for the resident to smoke cannabis in the unit (rather than somewhere else); and also to explain why the cannabis must be smoked and that there is no other means of ingesting, administering or otherwise using the medically required substance other than smoking such substance.
  2. If allowed to smoke cannabis, the smoker must take reasonable steps to ensure the smoke does not migrate to the common elements or to other units (which could cause nuisance, disturbance or harm to other residents of the building, or their guests). Without limiting the generality of the foregoing, the smoker must ensure that:
  3. All windows and exterior doors are closed when smoking takes place inside the unit;
  4. Any exhaust fans are turned on while smoking; and
  5. Appropriate air filtering and/or purifying is installed to prevent second-hand smoke from entering neighbouring units or the common elements.
  6. All costs incurred to prevent the migration of smoke or odour to other units or common areas is the responsibility of the Medically Exempted Resident.


  2. This Rule shall take effect upon the approval of the Board and 30 days after the Board has given notice of the Rule to the Owners. It applies to all persons including, but not limited to Owners, Residents and invitees of the same, tradespersons, and visitors to the Corporation.
  3. Any and all losses, costs or damages incurred by the Corporation by reason of a breach of this Rule by an Owner, Resident and/or their family, tenant, guest, visitor, servant and/or agent, shall be paid for by the Owner of the Unit and may be recovered by the Corporation against the Owner in the manner as common expenses.
  4. Notice of this Rule shall be included in all Status Certificates prepared by the Corporation as of the date of entry into force of this Rule.

*Smoking on Balconies

This privilege acknowledges that some grandfathered smokers may prefer to smoke on their balconies. Likewise, many non-smoking residents feel that having a grandfathered smoker smoke on their balcony may cause less harmful second-hand smoke and odour effects than if a grandfathered smoker stayed in their unit when smoking. However, if a complaint is registered by a non-smoking resident and cannot be resolved by the parties involved, the Board reserves right to revoke the balcony option for the grandfathered smoker.



Approved by a resolution of the Board of Directors of Carleton Condominium Corporation No. 145.

DATED this 25th day of June, 2018                  

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