Bylaw No.5 - Toronto Standard Condominium Corporation 1431

A by-law that identifies the standard unit in order to determine what constitutes an improvement for the purposes of sections 89 and 99 of the Condominium Act, 1998 S.O.

WHEREAS the board of directors may by by-law determine what constitutes a standard unit for each class of unit within the corporation, for the purpose of determining the responsibility for repairing improvements after damage and insuring same;

Be it enacted as a by-law of Toronto Standard Condominium Corporation No. 1431, (hereinafter referred to as "Corporation") as follows:

1. Purpose: The purpose of this by-law is only for the determination of what constitutes an improvement to a unit, with respect to subsections 89(2)(3) and 99(2)(3) the Condominium Act, 1998 S.O. (the "Act"). This by-law in no way purports to amend or affect the definition of a "residential unit", "parking unit" and "locker unit", as prescribed by Schedule "C" of the Corporation's declaration registered as Instrument Number E520669, or any obligations/responsibilities prescribed by the Corporation's declaration.
2. Residential Unit Class: For the purposes of this by-law the standard unit for all "residential units", (being Units I to 13 inclusive on Levels 3 to 21 inclusive, and Units 1 to 8 inclusive on Levels 22, 23 and 24), as identified by Schedule "C" of the Corporation's declaration registered as Instrument Number E520669, shall consist of those items as listed in Schedule "A" attached hereto (the "Residential Unit Class - Standard Unit") subject to the following provisions:
   1. any of the materials listed in Schedule "A", may be replaced with a material that is of similar or better quality and finish, should the original materials not be available for any reason. Should a dispute arise with respect to same, the final and unfettered determination shall be that of the board of directors;
   2. should a dispute/disagreement arise over the quality and/or finish of any item listed in Schedule "A", for the purposes of this by-law, the final and unfettered determination of same shall be reserved to the board of directors; and,
   3. the Residential Unit Class - Standard Unit shall not include any flooring material (unless otherwise provided for in Schedule "A") and/or any light fixtures of any sort (unless otherwise provided for in Schedule "A").
   4. Anything not included as part of the Residential Unit Class - Standard Unit shall be deemed to be an improvement made to a unit, as that term is defined by sections 89 and 99 of the Act.
3. Parking Unit Class: For the purposes of this by-law the standard unit for the "parking units", (being Units 1 to 82 inclusive on Level A, and Units 1 to 102 inclusive on Levels B and C), as identified by Schedule "C" of the Corporation's declaration registered as Instrument Number E520669, shall not include anything that falls within the boundaries of those units as described in said section (the "Parking Unit Class - Standard Unit"). Anything not included as part of the Parking Unit Class - Standard Unit shall be deemed to be an improvement made to a unit, as that term is defined by sections 89 and 99 of the Act.
4. Locker Unit Class: For the purposes of this by-law the standard unit for the "locker units", (being Units 2 to 158 inclusive on Level 1, and Units 6 to 119 inclusive on Level), as identified by Schedule "C" of the Corporation's declaration registered as Instrument Number E520669, shall not include anything that falls within the boundaries of those units as described in said section (the "Locker Unit Class - Standard Unit"). Anything not included as part of the Locker Unit Class - Standard Unit shall be deemed to be an improvement made to a unit, as that term is defined by sections 89 and 99 of the Act.
5. Unit owner(s) shall be responsible to maintain and repair all improvement(s) and shall insure all improvement(s) with the customary coverage provided to condominium unit owners. Although the Corporation need not be provided with a copy of a unit owner's policy of insurance, with respect to the improvement(s), the Corporation may request in writing from a unit owner, and the unit owner shall provide, sufficient evidence that said improvement(s) are insured. The unit owner shall provide the requisite information to the Corporation within 10 days of receipt of such a request. Any repairs, maintenance, and/or servicing to be conducted by a unit owner to his/her respective unit, shall only be performed by an accredited professional.
6. Severability: Each of the provisions of this by-law shall be deemed to be independent and severable, and the invalidity or unenforceability in whole or in part of any one or more of such provisions shall not be deemed to impair or affect in any manner the validity or enforceability of the remainder of this by-law.
7. Gender: The use of the masculine gender in this by-law shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include plural wherever the context so requires.
8. Waiver: No restriction, condition, obligation or provision contained in this by-law shall be deemed to have been abrogated or waived by reason of any failure to enforce the same irrespective of the number of violations or breaches thereof which may occur.
9. Headings: The headings in the body of this by-law form no part hereof but shall be deemed to be inserted for convenience of reference only.
10. Statutory References: Any references to a section or sections of the Act in this by-law (or in any by-laws or rules hereafter enacted by the Corporation) shall be read and construed as a reference to the Identical or similarly appropriate section or sections (as the case may be) of any successor legislation to the Act.