Amalgamated General By-Laws
AMALGAMATED GENERAL BY-LAWS ARBOUR BROOK RESIDENTIAL INC.
Original: July 22, 2005
1st Revision: November 20, 2009
2nd Revision: June 14, 2011
3rd Revision: September 28, 2012
4th Revision: October 24, 2013
5th Revision: October 28, 2020
INTRODUCTORY NOTES TO GENERAL BY-LAW
Berlin Development Ltd. (the "Developer") has established an owner-occupied, single family residential townhouse community (hereinafter referred to as the "Building Scheme") to be called Arbour Brook Point Townhouses (the “Development"), in, upon and with respect to the lands and premises known and distinguished as Lot 05-203 as shown upon a subdivision plan entitled "Irving Oil Limited Subdivision" and filed in the Office of the Registrar of Deeds in and for the County of York in the Province of New Brunswick on July 22, 2005 as Number 20652443;
The Building Scheme consists of 40 individual townhouse units constructed on individual building lots (the "Building Lots") which are divided into seven blocks (the "Blocks") and the remaining lands not comprised of Building Lots generally consisting of the common areas (herein referred to as the "Trustee Lands"). Each individual townhouse unit and its associated Building Lot, together, herein referred to as a "Unit".
As part of the Building Scheme the Units are sold to individual home owners and the Trustee Lands are held in trust for the use and benefit of the Owners. The owners whose names are shown on the Certificate of Registered Ownership under the Land Titles Act for the Units are herein referred to as the "Owners" and referred to herein individually as an “Owner”.
The Company was formed as part of the Building Scheme to hold the Trustee Lands in trust for the benefit of the Owners subject to the terms and conditions, covenants and restrictive covenants comprising the Building Scheme all of which may more fully appear by reference to the Certificates of Registered Ownership and/or the title deeds for each of the Units and the Trustee Lands and to perform or cause to be performed certain management and maintenance services (the "Services") as set out therein.
GENERAL BY-LAW NO. 1
By-laws relating generally to the conduct of the affairs of Arbour Brook Residential Inc. BE IT ENACTED AND IT IS HEREBY ENACTED that a by-law of Arbour Brook Residential Inc. (hereinafter referred to as the "Company"), as follows be passed and adopted.
1. HEAD OFFICE
1.1 The head office of the Company shall be at the City of Fredericton, in the Province of New Brunswick, Canada.
2 SEAL
2.1 The Seal, an impression whereof is stamped in the margin hereof, shall be the seal of the Company.
3 MEMBERS
3.1 Notwithstanding anything contained herein, the initial members of the Company shall be the respective applicants for incorporation of the Company and shall remain members in good standing from the date of incorporation until the first meeting of members after this by-law comes into force whereupon they shall cease to be members. The initial members may ratify any by-laws enacted by the provisional directors.
3.2 Upon the holding of the first meeting of members held after this by-law comes into force, each Owner of a Unit in the Development shall, upon registration of the title document for that Unit in such Owner's name, be a member in good standing of the Company, subject only to payment of maintenance fees established pursuant to the Building Scheme or the Fees as set out in this by-law and compliance with these by-laws as herein after provided.
3.3 In the event that a Unit is occupied by an Owner and his or her spouse, then such spouse shall be deemed to be a member notwithstanding his or her name does not appear on the title document for that Unit, but such spouse shall not be entitled to vote at Annual, General or Special Meetings of the Company as in these by-laws is hereinafter provided unless as proxy for the Owner.
3.4 In the event that there is more than one registered Owner of a Unit, only one such registered owners shall be entitled to vote at Annual, General or Special Meetings of the Company as in these by-laws is hereinafter provided and unless otherwise specified by them to the Company the person whose name first appears on the registered title document for the Unit shall be deemed to be the voting member and the other or others shall be deemed to be nonvoting members.
3.5 In the event the Owner of a Unit shall be a body corporate, such body corporate must designate by written instrument filed with the Company a nominee to represent such body corporate in all matters pertaining to the Company and such nominee so designated shall have the right to attend meetings of members of the Company and to vote thereat on behalf of the body corporate. Any such designation shall cease to have any further effect after the body corporate ceases to be a member.
3.6 The interest of a member of the Company is not transferable and lapses and ceases immediately upon the member ceasing to be a registered Owner of a Unit or in the case of a nontitle spouse as described in 3.3 above, upon his or her spouse ceasing to be a registered Owner of a Unit.
3.7 If a member is the Owner of more than one Unit, that member shall be deemed to hold an equal number of memberships and in determining all matters shall be entitled to one vote for each membership and to be counted separately for each membership it being the intent that ownership of each Unit shall entitle the registered Owner one vote at all meetings of members.
4 BUDGET AND FEES
4.1 The Company shall prepare an annual budget (the "Budget") for the Services to be carried out by the Company in its capacity as Manager of the Development. The Budget shall contain a provision for a Reserve Fund consisting of monies that are to be used over time for capital expenditures. The Budget shall, if the directors so determine, by resolution, contain a provision for a Contingency Fund consisting of monies to be used for unforeseen and unbudgeted expenditures from time to time.
4.2 Based on the Budget prepared for each annual fiscal year of the Company, each member shall pay to the Company his/her proportionate pro rata share, (based on the total number of Units existing from time to time within or in conjunction with the Building Scheme) of the Budget (“Fees”). Such fees shall be due and payable monthly in advance by automatic withdrawal or by providing the Treasurer with twelve (12) cheques from September 1 to August 1, that being the fiscal year for the Corporation.
4.3 The directors shall prepare the Budget and determine the Fees and present same to the members at a special meeting called for that purpose and for their consideration, amendment and ultimate approval. Such Budget and Fees shall be binding and enforceable on all of the members upon approval.
5 MEETINGS OF MEMBERS
5.1 The annual meeting of the members shall be held at the City of Fredericton aforesaid, on or before the 30th day of October in each year or on such day in each year and at such time as the directors may by resolution determine when there shall be presented a report of the activities of the Company for the previous year, a financial statement of the Company, the accountant's report, if any and such other information or material relating to the Company's affairs as may be of interest or importance.
5.2 Other meetings of the members may be convened by order of the President or Vice-President or by any four members at any date and time and at the City of Fredericton aforesaid.
5.3 A majority of the voting members present at any meeting of members shall have power to adjourn such meeting from time to time.
6 NOTICE OF MEETINGS OF MEMBERS
6.1 No public notice or advertisement of the Annual or any other meeting of the members shall be required, but written notice of the time and place of any such meeting shall be hand delivered to each member or placed in the members mailbox at their residence address as appears in the Membership Register of the Company, and/or by e-mail. If no such address be given therein, to the last address of such member known to the Secretary, and deposited in the Post Office not less than three days before the holding of such meeting. If the resident does not have e-mail, a notice shall be hand-delivered or placed in the resident’s mail box. Provided always, that a meeting of the members may be held at any time, and at any place, without such notice, if all members of the Company are present thereat, or represented thereat by proxy, or if the absent members have, either before or after the meeting, signified their assent, in writing, and at such meeting any business can be transacted which the Company in a general or special meeting has power to transact. The non-receipt of any notice to or by any member or members shall not invalidate any resolution passed, or any proceeding taken at any meeting. The notice of any meeting of members shall state in general terms that nature of the business to be transacted thereat.
7 VOTING AT MEETINGS OF MEMBERS AND ORDER OF BUSINESS
7.1 Only members that are otherwise entitled to vote and that are in good standing and not in arrears for amounts owing to the Company (for Fees or otherwise) shall be entitled to vote. Every question submitted to any meeting of members shall be decided by a majority of votes and in case of any equality of votes the Chairman shall not have a second or tie-breaking vote and shall declare the motion lost.
7.2 Within three months of the coming into force of this by-law, the first directors shall call a meeting of the members for the purpose of electing the permanent directors. At such meeting, the first directors may propose a full slate of nominees to serve as permanent directors. If they do so and there are no further nominations from the floor, the permanent directors so nominated shall be declared elected by a single ballot cast by the secretary of the meeting. If the number of nominations made exceeds the number of directors to be elected at the members' meeting, there shall be a single ballot listing each nominee and the available positions shall be filled, in descending order, by those nominees receiving the highest number of votes. The permanent directors so elected shall serve until the next annual meeting or until their successors are elected or appointed.
7.3 At any meeting, unless a poll is demanded, a declaration by the Chairman that a resolution has been carried or carried unanimously or by a particular majority or lost or not carried by a particular majority shall be conclusive evidence of the fact. At all meetings of members every question shall be decided in the first instance by a show of hands of the voting members.
7.4 The President, and in his absence the Vice-President of the Company, shall act as Chairman of all meetings of members. In the absence of the President and Vice-President, the members present shall choose one of their numbers to be Chairman.
7.5 If at any meeting a poll is taken on the election of a Chairman or on the question of adjournment it shall be taken forthwith without adjournment. If a poll is demanded on any other question it shall be taken in such manner and either at once or after adjournment as the Chairman directs. The result of a poll shall be deemed to be the resolution of the meeting at which the poll was demanded. A demand for a poll may be withdrawn.
7.6 The Chairman may, with the consent of any meeting, adjourn the same from time to time and no notice of such adjournment need be given to the members. Any business may be brought before or dealt with at any adjourned meeting which might have been brought before or dealt with at the original meeting in accordance with the notice calling the same.
7.7 At any annual meeting of the members held after the meeting wherein the first permanent directors are elected, the following order of business shall be observed:
1. Roll call of members;
2. Election of Chairman and Secretary (if necessary);
3. Consideration of minutes of last meeting;
4. Reports of officers/committees;
5. Unfinished business and business arising out of report;
6. Election of directors and officers and appointment of accountant (at annual meeting);
7. New Business; and
8. Adjournment.
8 QUORUM FOR MEMBERS
8.1 Within three months of the coming into force of this by-law, the first directors shall call a meeting of the members for the purpose of electing the permanent directors. At such meeting, the first directors may propose a full slate of nominees to serve as permanent directors. The quorum for such first meeting of members shall be 15 voting members in person or by proxy.
8.2 Subject to clause 8.1 above, a majority of the voting members present in person or represented by proxy shall form a quorum at any meeting of members. No business shall be transacted ay any meeting unless the requisite quorum be present at the commencement of the meeting.
9 PROXIES
9.1 Every member, including a corporate member, entitled to vote at meetings of members may by instrument in writing appoint a proxy, who need not be a member, to attend and act at the meeting in the same manner, to the same extent and with the same power as if the member were present at the meeting. The instrument appointing a proxy shall be in writing under the hand of the member, or if the member is a corporation, under the hand of an officer or attorney for the member. The instrument appointing a proxy may be in such form as the directors may from time to time prescribe or in such other form as the chairman of the meeting may accept as sufficient and shall be deposited with the secretary of the meeting before any vote is cast under its authority.
10 DIRECTORS
10.1 Notwithstanding anything else contained herein, the first directors shall be the three applicants for the incorporation of the Company and shall retain office until the first meeting of members at which the permanent directors are elected pursuant to clause 7.2 of these by-laws. The first directors shall be entitled to enact by-laws and shall have all of the powers of the permanent directors.
10.2 Within three months of the coming into force of this by-law, the first directors shall call a meeting of the members for the purpose of electing the permanent directors. At such meeting, the first directors may propose a full slate of nominees to serve as permanent directors. If they do so and there are no further nominations from the floor, the permanent directors so nominated shall be declared elected by a single ballot cast by the chairman of the meeting. If the number of nominations made exceeds the number of directors to be elected at the members' meeting, there shall be a single ballot listing each nominee and the available positions shall be filled, in descending order, by those nominees receiving the highest number of votes. The permanent directors so elected shall serve until the next annual meeting or until their successors are elected or appointed. Members may serve as directors for two consecutive terms of two years. Any member having served two consecutive terms of two years may, after spending a year not being a director, offer again for another term of two consecutive terms as a director.
10.3 After the election of the permanent directors, the affairs of the Company shall be managed by a board of seven (7) directors who may exercise all such powers and do all such acts and things as may be exercised or done by the Company and which are not by the by-laws of the Company or by statute, expressly directed or required to be done by the Company at a general meeting of members.
10.4 Every director shall be nineteen or more years of age and shall be a member of the Company or the nominee of a corporate member referred to in sub-paragraph 3.4 hereof.
10.5 The directors shall be elected annually from the members (or their nominee referred to in paragraph 3.4 hereof) by the members at the annual general meeting of the Company and shall retain office for a period of two years until others are elected in their place or the position is otherwise vacated. Terms of office will be established in the first instance to provide for continuity from year to year within the board of directors such that at each annual meeting there will normally be the need to elect three or four directors depending on the number of terms that expire in a given year.
10.6 The office of a director of the Company shall be deemed vacated if that person ceases to be a member. A vacancy on the board of directors and a vacancy in the position of an officer may each be filled by appointment by the remaining directors and such appointed director and officer shall hold office until the next annual meeting which coincides with the end of the term of the director that he/she replaces. Notwithstanding anything herein contained, the members, at a meeting of same duly called and held for that purpose, may fill any vacancy in the position of a director or officer or may remove any director or officer from that position before the expiration of the term and may by majority vote cast at the meeting, elect any person in the place and stead of such removed director or officer. Such person or persons elected in this manner shall serve until the annual meeting which coincides with the end of the term of the director that he/she replaces.
11 MEETINGS OF DIRECTORS
11.1 Meetings of the board of directors may be either at the head office or at any place within the City of Fredericton aforesaid. A meeting of directors may be convened by the President or Vice-President or by any two directors at any time.
11.2 For the first meeting of the board of directors to be held immediately following the election of directors at an annual or special general meeting of members or for a meeting of the board of directors at which a director is appointed to fill a vacancy on the board, no notice of such meeting shall be necessary to the newly elected or appointed director or directors in order legally to constitute the meeting, provided a quorum of the directors is present.
11.3 The Secretary on direction from the President or a Vice-President or any two directors shall convene a meeting of the directors. Notice of any such meeting shall be delivered to each director not less than two days before the meeting is to take place; provided always that meetings of the board of directors may be held at any time without formal notice if all the directors are present or those absent have waived notice or have signified their consent in writing to the meeting being held in their absence. Notice of any meeting or any irregularity in any meeting or the notice thereof may be waived by any director.
11.4 A majority of the directors present in person shall form a quorum at all meetings of the directors.
11.5 A director may participate in any meeting of the board of directors by means of telephone or other communications facilities that permit all persons participating in the meeting to hear one another and a director participating in a meeting by those means shall be deemed to be present at that meeting.
11.6 Questions arising at any meeting of directors shall be decided by a majority of votes. In case of any equality of votes, the Chairman of the meeting shall not have a second or tiebreaking vote and shall declare the motion lost.
12 DECLARATIONS OF INTEREST
12.1 Every director of the Company who is a party to a material contract or a proposed material contract for the Company or who is the director or an officer of or has a material interest in any person who is a party to a material contract, or a proposed material contract with the Company shall disclose in writing to the Company or request to have entered in the minutes of meetings of directors, the nature and extent of his interest. All such disclosures shall be made immediately upon every director becoming aware of such interest.
13 PROTECTION OF DIRECTORS AND OFFICERS
13.1 No director or officer of the Company shall be liable for the acts, receipts, neglects or default of any other director or officer or for joining in any receipts or other acts for conformity or for any loss or expense happening to the Company through the insufficiency or deficiency of title to any property acquired by the order of the board of directors for or on behalf of the Company or for the insufficiency or deficiency of any security in or upon which any of the monies of the Company shall be invested or for any loss or damage arising from the bankruptcy, insolvency or tortious act of any person with whom any of the monies, securities or effects of the Company shall be deposited, or for any loss occasioned by the error of judgment or oversight on his part or for any loss, damage or misfortune whatever, which shall happen in the execution of the duties of his office or in relation thereto unless in or as result of any action, suit or proceeding he is adjudged to be in breach of any duty or responsibility imposed on him by statute.
14 INDEMNITY OF DIRECTORS AND OFFICERS
14.1 The Company shall indemnify the directors or officers of the Company, former directors or officers of the Company and their heirs and legal representatives against all costs, charges and expenses including an amount paid to settle an action or satisfy a judgment reasonably incurred by him in respect of any civil, criminal or administrative action or proceeding to which he has been made a party by reason of being or having been a director or officer of the Company if: (a) He/she acted honestly and in good faith with a view to the best interest of the Company; and (b) In the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, he/she had reasonable grounds for believing that his conduct was lawful.
14.2 The Company shall also indemnify such directors or officers who have been substantially successful in the defence of any civil, criminal or administrative action or proceeding to which he is made a party by reason of being or having been a director or officer of the Company against all costs, charges and expenses reasonably incurred by him in respect of such action or proceeding; if such officer or director is fairly and reasonably entitled to such indemnity.
14.3 Each member upon being admitted to membership shall be deemed to have released, discharged and waived and does hereby release, discharge and waive any action, suit, proceeding or claim against a director that he may thereafter have arising out of any matter in respect of which the director is purportedly indemnified by the foregoing provisions of this section 14.
15 OFFICERS
15.1 The officers of the Company shall consist of a President, Vice-President, Secretary and Treasurer to be appointed annually by the directors from within the board of directors. The officers shall be appointed by the board of directors at the first meeting of the board of directors after the annual election of directors. The directors may appoint such other officers and agents as they shall deem necessary which such officers and agents shall have authority and shall perform such duties as may from time to time be prescribed by the directors.
15.2 The directors may fix an honorarium (if any) to be paid to officers of the Company.
15.3 In case of the absence or inability to act of the President, the Vice-President or any other officer of the Company or for any other reason that the directors may deem sufficient, the directors may delegate all or any of the powers of such officer to any other officer or to any director for the time being, provided that a majority of the board of directors present at a duly constituted meeting concur therein.
15.4 The President shall, if present, preside at all meetings of the directors and members; he/she shall sign all instruments which require his/her signature, shall have a general care, direction and supervision of the affairs of the Company and shall perform all duties incident to his/her office and shall have such other powers and duties as may from time to time be assigned to him/her by the directors. The President shall submit an annual report of the business and affairs of the Company, after the closing of each fiscal year, to the members at the ensuing annual meeting; and, from time to time, he/she shall report to the members all matters within his/her knowledge which interests of the Company may require to be brought to their notice.
15.4.1 The outgoing President shall, if required, provide direction, support and ensure business continuity as required to the new President upon his/her retirement from that executive position. The role of Past President is a non-executive, non-voting, advisory only function and shall continue only long enough to ensure that the transition period is successfully completed. The President can request the attendance of the Past President at regularly scheduled or special Board meetings in accordance with the role as defined herein.
15.5 The Vice-President shall be vested with all the powers and shall perform all the duties of the President in the absence or disability or refusal to act of the President. Any act of the Vice-President in exercising the powers conferred upon him/her by this section shall be conclusive proof and evidence that the President was absent, disabled or refused to act.
15.6 It shall be the duty of the Secretary to attend all meetings of the members and board of directors and keep the minutes of their proceedings and make a proper record thereof. The Secretary shall also do and perform generally such duties as may be required of him/her by the directors; and in the performance of his /her duties generally he/she shall be subject to and shall obey the directions and orders from time to time given to him by the directors. The Secretary shall also keep or cause to be kept a book or books or records wherein shall be kept recorded:
(a) A copy of the letters patent incorporating the Company, and of any supplementary letters patent and of all by-laws of the Company;
(b) The names of all persons who are or have been members and a designation as to the status of each member as voting or non-voting;
(c) The minutes of all meetings of members and of the board of directors.
(d) The address of every such person while such person is a member, as far as can be ascertained; and
(e) The names and addresses of all persons who are or have been directors of the Company, with the several dates at which each became or ceased to be such director.
15.7 The Secretary shall also give or cause to be given notice of all meetings of the members and of the board of directors. In the event of the Secretary being absent or unable to act for any reason whatsoever, another officer shall be vested by the board with all the powers and shall perform all the duties of the Secretary.
15.8 The Treasurer shall have the care and custody of all the funds and securities of the Company and shall deposit the same in the name of the Company in such bank or banks or with such depository or depositories as the directors may direct and shall perform such duties as the directors require of him/her. The Treasurer shall keep a record of fees paid and remaining unpaid respectively for each member. The Treasurer may be required to give such bond for the faithful performance of his/her duties as the directors in their uncontrolled discretion may require but no directors shall be liable for failure to require any bond or for the insufficiency of any bond or for any loss by reason of the failure of the Company to receive any indemnity thereby provided.
15.9 If the office of President, Vice-President, Secretary or Treasurer shall be or become vacant by reason of death, resignation, disqualification or otherwise, the directors by resolution duly passed at any meeting called and held may elect or appoint an officer to fill such vacancy to hold office until the next annual meeting.
16 CHEQUES, DRAFTS AND NOTES
16.1 All cheques, drafts or orders for the payment of money and all notes and acceptances and bills of exchange shall be signed by such officer or officers, and in such manner, as the directors may from time to time designate by resolution. In the absence of any such specific designation all such cheques, drafts or orders for payment of money and all notes and acceptances and bills of exchange shall be signed by any two of the President, Vice-President and Treasurer. The directors and officers shall maintain separate bank accounts for the Reserve Fund and the Contingency Fund as designated in the Budget.
17 EXECUTIVE OF INSTRUMENTS
17.1 Contracts, documents or any instruments in writing requiring the signature of the Company may be signed, when authorized by the members, by any two of the President, Vice President and Treasurer and all contracts, documents and instruments in writing so signed shall be binding upon the Company without any further authorization or formality. The board of directors shall have power from time to time by resolution to appoint any officer or officers on behalf of the Company to sign contracts, documents and instruments in writing.
17.2 The seal of the Company shall be kept in the custody of the Secretary and may, when required, be affixed to contracts, documents and instruments in writing signed as aforesaid or by any officer or officers, person or persons, appointed as aforesaid by resolution of the board of directors.
18 FISCAL YEAR
18.1 The fiscal year of the Company shall end on such day in each year as the directors by resolution determine.
19 BANK ACCOUNT
19.1 Bank accounts may be kept in the name of the Company with any incorporated bank or trust company in the City of Fredericton aforesaid, and all bills of exchange, cheques, promissory notes and hypothecations shall be made, drawn, signed, accepted, endorsed, or executed by such officers as may be designated by resolution of the board of directors.
20 ACCOUNTANT
20.1 An accountant may be appointed by the members, and if appointed, shall make an examination of the Company's books and accounts and vouchers in support thereof annually, and at such other time as the directors may require, and shall make and sign a certificate of such examination which shall be recorded in the record book.
21 COMMITTEES
21.1 The board of directors may establish committees of members to be created as standing committees or ad hoc committees as may be required from time to time to assist in the orderly administration of the Company and to carry out the provisions and intent of the Building Scheme and the provisions of these by-laws.
22 REGULATIONS
22.1 The board of directors may as and when required enact regulations to these by-laws for the orderly administration of the Company, including without limiting the generality of the foregoing for parking, lawn maintenance, garbage and snow removal.
22.2 Any regulation enacted by the board of directors shall be effective from the date of the meeting of the board of directors at which such regulation is enacted and remain in full force and effect, unless amended or repealed at the next annual meeting or special meeting called for such purpose.
23 REPEAL AND AMENDMENT
23.1 The board of directors may from time to time repeal, amend and re-enact these by-laws, but such changes shall not take effect until ratified and confirmed at a general meeting of the members duly called for that purpose.
24 INTERPRETATION
24.1 In all by-laws of the Company, the singular shall include the plural and the plural the singular; the word "person" shall include firms and corporations, and the masculine shall include the feminine.
25 BOARD AND SOLICITOR NOTICES
25.1 Board Notice: In the event that any unit Owner or his/her family, guests, employees or agents by an act or omission, whether wilful or negligent, fails to comply with the restriction and stipulations respecting the use and occupation of his/her property or the Trustee Lands (as set out in the By-Laws and Schedules A through E of the Agreement of Purchase and Sale), the Board will consider the offence at its Board Meeting. If the Board decides to take action, it will provide notice of the breach in writing, to the Owner of the breach, including sufficient information regarding the nature of the breach and the expected remedy to the breach, if appropriate. The Notice may, where appropriate, also include a reasonable time period in which the Owner can remedy the breach.
25.2 Solicitor’s Notices: If after receiving the Board’s Notice the Owner fails to remedy the breach within the time framework set out in the Notice, the Board may refer the matter to the Corporation’s solicitor who will cause a letter(s) to be sent to the Owner by registered mail outlining the breach, the steps the Corporation has taken to date, and such other matters related to the steps the Corporation will take in the event that the breach is not remedied, together with the solicitor’s account, including HST and disbursements, which will be paid by the Owner.
26 DAMAGE TO EXTERIOR OF BUILDINGS OR TRUSTEE PROPERTY
26.1 In the event that any Owner or his/her family, guests, employees or agents by an act, whether wilful or negligent, shall cause damage to the exterior of his/her unit, any other unit or to Trustee property, said Owner shall be held responsible for the expense of its repair or replacement.
27 INFRINGEMENTS ON TRUSTEE LANDS
27.1 Where the Board or Developer has given individual Owners or Blocks permission for structural modifications (including plantings) that infringe on Trustee Lands, unless stated otherwise, this permission will remain in effect upon sale of the Unit. However, said Owners and their successors shall be responsible for maintenance of these structures or plantings. Failure to properly maintain these structures will result in their removal and restoration of the Trustee Land to its original condition, at the Owner’s expense.
28 HOMEOWNER’S INSURANCE
28.1 All Owners must purchase and keep current, a homeowner’s insurance policy. Each Owner should as a minimum maintain property insurance equivalent to the current assessed value of the Unit as determined by the Province of New Brunswick.
29 PETS
29.1 The Board has a fiduciary responsibility to enforce Restrictive Covenant #6 regarding pets. However, the Board supports a phased-in infringement remediation as follows:
• Where the Owner purchased his/her unit contingent upon Berlin Developments Ltd.’s permission to keep his/her pet, the Board will respect that agreement, even if said pet exceeds the five (5) pound restriction. However, the Owner must comply with the Restrictive Covenant #6 condition that upon the pet’s demise it will not be replaced.
• For all other situations and henceforth, Restrictive Covenant #6 will be strictly enforced, the Board taking whatever steps are necessary to do so.
30 OUTSTANDING ACCOUNTS WITH THE CORPORATION
30.1 Outstanding accounts by Owners not paid within 30 days of being delivered, shall bear interest at a rate of 2% per month, compounded monthly (26.82% per annum). The Board may file a claim against an Owner for the total amount that remains unpaid plus interest plus costs.
31 OUTSTANDING ACCOUNTS OR NON-COMPLIANCE ISSUES WITH THE TRUST AT THE TIME OF UNIT SALE
31.1 If at the time of the sale of a Unit the Owner has unresolved issues of the Restrictive Covenants or By-law non-compliance or unpaid accounts owing to the Corporation, the Board may commence legal action against the Owner and file a Certificate of Pending Litigation against the said Unit until all outstanding issues and accounts have been resolved. Outstanding accounts shall bear interest as per section 30.
32 BARBECUES AND PROPANE TANKS
32.1 Storage of propane tanks in buildings or garages: Propane tanks shall not be stored in buildings or garages. The National Propane Storage and Handling Code states that “A cylinder that contains propane liquid or vapour shall not be stored or used inside any structure” (CSA B 149.2-00; 5.5.1.2). The Fredericton Fire Department states that this risk is even greater if the tank is connected to the BBQ, warning of the “serious, potentially life threatening, consequences of either a fire or an explosion resulting from a propane leak. Not to mention the potential outcome of any investigation into an incident”. An exception would be the storage of a maximum of three non-refillable one (1) pound cylinders (CSA B 149.2-00; 5.5.1.4).
32.2 Use of BBQs on balconies or decks: BBQs cannot be used on suspended balconies. Their use on decks and patios must comply with the National Propane Storage & Handling Code states that “A cylinder shall be installed outside a building, with the discharge from the cylinder relief valve not less than 3 ft. (1 m) on a horizontal plane from any building opening when the opening is below the level of the relief valve discharge, 10 ft. (3 m) on a horizontal plane from the air intake of any appliance or air moving equipment, 10 ft. (3 m) on a horizontal plane from any source of ignition” (CSA B149.200; 5.7.2). If there is any question about the safe use of BBQs or storage of propane, individual Owners should check with the Fredericton Fire Department or their insurance company. Barbecue use and storage must also comply with the “manufacturers requirements” supplied with the BBQ (this is carried on the BBQ Certification Label).
33 PROCEDURE FOR APPROVAL OF EXTERIOR PROJECTS
33.1 Applications for approval by the Board of Directors of Arbour Brook Residential Inc. (the Board) for any exterior projects must be made in writing and permission granted by the Board before any work is carried out.
33.2 An exterior project consists of:
(a) Any modification by the Owners of a Unit to the Unit itself or
(b) Any modification by the Owners of a Unit to the Trustee Lands adjacent to that Unit where such a modification has the potential to affect the Building Scheme as described in paragraphs one to four in the introductory notes to the general by-laws relating to the conduct of the affairs of Arbour Brook Residential Inc.
33.3 Applications shall contain all information pertinent to the exterior project and where applicable shall contain a diagram or plan with specific location, measurements, colour and, if planting, the type and height of vegetation.
33.4 In order to maintain the Building Scheme and due to the varying types of buildings in the Development, exterior modifications are applicable to all units in each type of building or Blocks of buildings.
33.5 For both type (a) and type (b) modifications, the Board will review the application and, decide if the proposal is appropriate for the betterment of the Development. If the application is considered to be appropriate, then for,
- Type (a) modifications, the Board shall seek to obtain a signed agreement from each of the Owners in the Block or Blocks concerned approving the proposed modifications and agreeing that all concerned Owners will conform to such a modification for any similar work on their unit at some future date. It is not a requirement that all Owners in the designated Block or Blocks actually make the modifications being requested by the Applicant.
- Type (b) modifications the Board shall circulate (by email or postal box) the proposal to all Unit Owners for comment, prior to coming to a decision, so that all owners have an opportunity to make their views known to the Board.
33.6 The Board will insure that all projects are in compliance with the company by-laws and the restrictive covenants comprising the Building Scheme.
33.7 The Board, on behalf of the company, accepts no ownership of any modifications by granting its approval of exterior projects.
33.8 Following the Board receiving the required information, approval may be granted by the Board to the Owner to proceed with the work subject to the Owner complying with the City of Fredericton by-laws and the provisions of the Community Planning Act.
33.9 A reply in writing shall be sent to each Applicant advising that the project has been approved or rejected by the Board.
33.10 Where applicable the Board may request that a Letter of Undertaking and Release be signed by the Applicant(s) as part of the approval process.
33.11 The Board retains the right to maintain and repair all Trust Lands. Where necessary, the Board will notify the Owner in writing and subsequently carry out repairs to underground utilities or deal with surface water problems on all Trustee Lands. If private shrubs, hedges, patios, or other structures are in the way, the Board can require the removal of the same while the necessary repairs are being completed. The shrubs, hedges, patios or structures could be restored by the Owners after the work has been completed.