Presqu'ile

CONDOMINIUM LIVING

This handbook has been prepared to assist you, a unit owner, and/or occupant, in understanding the rules and regulations that govern the conduct and operation of Presqu’ile, Prescott Condominium Corporation (PCC) No. 1.

The Rules and Regulations described in this manual have been designed to ensure that you will enjoy peaceful living in an orderly, well maintained environment.

Living in a condominium is not the same as living in your own house, or in a rented apartment, although it has attributes of both.

HOUSE RULES

General Condominium living is, by definition, an exercise in mutual cooperation and goodwill.

Each of us owns the interior of his unit. Each unit owner also “owns” 1/20^th of the common space and facilities – or, put another way, every time we use these common facilities we are using property 19/20ths of which is owned by others.

It is for that reason that we, like other condominiums, have set certain basic rules for the common good of Presqu’ile. We believe our bylaws are reasonable and merit the respect of all of us. Indeed, without that respect the very essence of condominium living is in danger of breaking down.

It is in that spirit that your Directors want to remind you of some of our basic rules and ask, in the name of mutual goodwill, that you adhere to them.

1. Occupancy of Units by Non-Owners: Our bylaws establish clear and specific conditions for the rental of units and require that the Manager and your Board of Directors be informed of – and indeed in the case of rentals, approve – the use of units by non-owners. The point is quite simple – Presqu’ile is not a rental property and we need at least to be able to identify unfamiliar faces when they appear on the island.
2. Notification of Unit Lease: Any owner wishing to lease his/her unit shall furnish to the Manager the two documents requested; an example of each is found in the Appendix of this manual. The residents of the unit will comply with the Act, Declaration, By-laws and Rules and Regulations of the PCC #1. See By-Law #7 in its entirety.
3. Occupation and Use of Units: Each unit shall be used for residential purposes only and shall in no event be used in such a manner as to give rise to an increase in the premium rate, or the cancellation or threat of cancellation of any policy of insurance maintained by the Corporation.
   No owner shall do, or permit anything to be done in his unit or bring or keep anything therein which will in any way increase the risk of fire or the rate of insurance on any building, or on property kept therein, or obstruct or interfere with the rights of other owners, or in any way injure or annoy them, or conflict with any insurance policy carried by the Corporation, or conflict with any of the rules and ordinances of the Board of Health, or with any statute or municipal by-laws.
   Owners, their families and guests shall not create or permit the creation of any noise or nuisance which may or does disturb the owners, their families and guests.
4. Structural Changes to Units: No owner shall make structural changes in or to his unit without the prior written consent of the Board of Directors of the Corporation.

SALE OF UNITS

The Board of Directors has decided to implement a rule regarding signage pertaining to selling of units. The following rule was discussed and passed unanimously at a Board of Directors meeting held on August 28, 1991.

Effective immediately, “For Sale” signs and “Lowest Price” signs will not be permitted to be displayed in the individual unit windows. The proliferation of these signs is detrimental to the appearance and value of the island.

All real estate signs must be professional looking and aesthetically pleasing. All signs are to be placed in the visitor parking area only.

Should you require any further information, please feel free to contact the Board of Directors.

RULES AND REGULATIONS

1. The pool, tennis courts, and shuffleboard court are private facilities for the residents of Presqu’ile and their guests.
2. All guests are the responsibility of the resident. Guests are not allowed to use the facilities on a drop-in basis.
3. The pool facilities are unsupervised and must be used at your own risk.
4. All children below the age of 12 must be accompanied by an adult not less that 16 years of age.
5. There is not to be any loud or boisterous play within the pool area.
6. No glass bottles or containers are allowed in the pool or tennis area.
7. CHAIRS
   • There should be enough chairs available for all owners and their guests. If you are bringing guests to the pool and it is busy, please have the courtesy of bringing your own chairs for your party, or else sit on the grass.
   • Please do not attempt to “save” or “reserve” chairs by putting articles on the chair and leaving the pool for extended periods. People at the pool should take precedence over inanimate objects.
   • If the pool area is busy, please do not occupy chairs all day to the exclusion of others.
8. ANIMALS
   Under no circumstances should dogs be allowed in the pool or in the area of the pool.
9. QUIET TIME 5:30 – 7:00 p.m.An hour and half is to be reserved for “Quiet Time” to enable those who wish to read, to swim lengths, etc. without water polo, screaming and the like. If you wish your children to be in the pool area at this time, please try to observe this courtesy and supervise them.
10. . One must abide by all rules and regulations posted in the swimming pool area.

 

TENNIS ETIQUETTE

• Courts may be used for a maximum of one hour if others are waiting.
• Monopoly of courts by one unit and their guests is unfair.
• Proper footwear must be worn at all times.
• After rain showers ensure that the clay surface is completely dry before using.
• All courts must be swept and groomed by the players after use.

SHUFFLEBOARD ETIQUETTE

• Because the Shuffleboard area can be damaged easily, do not walk on the blue surface.

There are four shuffleboard sticks available and must be used in the proper

manner.

• Sweep surface before beginning a game.
• No monopolizing the shuffleboard area while others are waiting.

PARKING

The sidewalks, entry, passageways and driveways used in common by the owners or residents shall not be obstructed by any of the owner/residents or used by them for any purpose other than for ingress and egress to and from their respective units.

There is a 15 MINUTE PARKING tolerance/privilege on this Island, especially during the busy summer season. One must respect if for 2 reasons:

• Passage way is a fire lane and insurance problems could arise if it is not free at all times from parked cars in case of fire.
• It is important that we all respect the right of owners to an unobstructed view.
• On weekends, there is an extra parking area OUTSIDE the gate for the VISITORS’convenience. Please encourage guests to make use of it.

GARBAGE DISPOSAL

Garbage must be taken to garbage area adjacent to sewage plant.

All garbage must be placed in plastic bags. The garbage must be securely wrapped

and tied.

Garbage should be free of dangerous objects or substances.

Please notify the on-site superintendent if you need to dispose of hazardous objects

or substances.

Heavy refuse should be double bagged before disposal.

LITTER

No matter how hard the on-site superintendent tries, some areas usually seem to

have litter. If you want to have clean and tidy common areas, you can help!

• Do not throw wrappers, cigarette butts, matches, etc. on the grass or on walkways.
• Pick up any litter you or someone else may have dropped along walkways and the causeway.
• It is up to the parents of small children using the sand box to see to its tidiness.

NOISE

One of the most common causes of complaints in any condominium, no matter how

well designed and constructed, is noise. It can get through to units especially in the

summer when all doors are open.

• Keep down the volume of your stereo, radio, television, or other musical instrument – IN LODGE AS WELL AS OWNERS’ UNIT.
• Do not talk loudly with family and guests, especially at the swimming pool.
• Unruly children can be a main cause of disturbance. Please control yourchildren’s behaviour.
• On the island, a QUIET TIME rule applies from 11:00 p.m. to 9:00 a.m.
• If noise becomes a nuisance to you, first call the resident concerned and ask himor her to reduce the noise level. If this is not successful, one may launch a complaint

  to the Manager.

BY-LAWS

The Board may pass or amend By-Laws, not contrary to the Condominium Act or to the Condominium Declaration. A By-Law is not effective until it is confirmed, with or withut variation, by owners who own not less than 51% of the units at a meeting duly called for that purpose.

THE DECLARATION

 

When this condominium project was registered, the builder has filed a Declaration and By-Laws, which describe the project and set out in detail the technicalities or the boundaries between units and common elements. They also prescribe the way the Corporation is to be managed, the share of the common expenses to be borne by each unit owner, and the rules necessary to protect the collective interests of all owners. The Owners have received a copy of the Declaration and By-Laws as part of the purchase documentation. It is well worth spending a little time reviewing them.

OWNER’S AND THE CORPORATION’S RESPONSIBILITIES

 

Within your unit you are fully responsible for all repairs and upkeep. The Corporation sees to the upkeep of all common elements and for the repairs and maintenance (e.g. painting) of the exteriors’ of all “standard” units. However, owners are individually responsible for the maintenance of improvements to their units and for damage beyond normal wear and tear done to the unit.

Each resident is responsible for insuring the contents of his or her unit including “betterments” for all liabilities and damages.

The Corporation is responsible for ensuring that the common elements and the whole property is adequately covered for public liability and property damage, as well as for fire.

In thinking about who is responsible for what, it is important to keep in mind that the “Corporation” is nothing more than you and your neighbours taken collectively. The owners, either individually or collectively, are ultimately responsible for every aspect of the condominium property and assets. The “Corporation” is you.

BOARD OF DIRECTORS

 

All condominiums are subject to the regulations of the Condominium Act of Ontario. Our condominium is registered as a corporation is governed by a Board of Directors elected at the annual general meeting, normally held in September.

Our Board consists of a minimum of five members of whom three would constitute a quorum. The officers of the Corporation consist of a President, Vice President and Secretary appointed by the Board. There my be 2 to 5 directors appointed to assist the officers; altogether, these owners from the Board of Directors.

The Officer and Directors may meet, adjourn or otherwise regulate their meetings as they see fit.

Meetings are chaired by the President, on in the absence of the President, the Vice President.

All of the affairs of the Corporation are handled at meetings of the Board of Directors, and the agenda of any meeting may contain such items as routine maintenance, finances of the Corporation or other items brought forward by a member of the Board. If a resident wishes to make representation to the Board, the request should be submitted in writing ten days before a Board or General Meeting to allow for proper study.

In general, the Board of Directors is elected by the Owners to act on their behalf in order to make the decisions required for the day-to-day operation of our condominium project. This, of course, means directing the manager and overseeing the results of such directives. Decisions of the Board are made in good faith with the best interests of all owners in mind.

The position of Director is a voluntary one, subject to election by members. Directors are not remunerated in any way. The election of new Directors takes place at the Annual General Meeting. A person may not be elected a Director unless he/she has consented in advance to serve.

MEETINGS

The Corporation is required to hold at least one general meeting of owners each year within 6 months of the end of its financial year. It has been our practice to hold two general meetings annually, one in the fall and one in the spring.

The quorum for such a meeting is one-third (7) of the owners present or represented by proxy. Owners forfeit their right to vote at a meeting if their condominium payments are more than 30 days in arrears. All voting is on the basis of one vote per unit.

If the election of directors is on the meeting agenda, the notice of meeting – and proxy form – must name the nominees to be voted for.

MEETING OF OWNERS BY REQUISITION

The Board, upon receipt of a requisition in writing made by owners who together own at least 15% of the units (3 of them), shall call and hold a meeting of the owners and if the meeting is not called and held within thirty days of the receipt of the requisition, any of the requisitioners may call the meeting, and in such case, the meeting shall be held within sixty days of receipt of the requisition. The requisition shall state the nature of the business to be presented at the meeting and shall be signed by the requisitioner and deposited at the address for service of the Corporation.

COMMITTEES

The Board may, from time to time, appoint committees to assist it in the performance of its duties. The members include volunteer unit owners, and a Director from the Board to act as a liaison. Any unit owner who wishes to participate as an active member of a committee should inform the Board. The ultimate responsibility for the actions and decisions undertaken by a committee reside in the Board.

Various types of committees may be formed from time to time based on the requirements of the Corporation. They may be of an on-going or long-term nature such as landscaping, rules and regulations, parking and social. Ad-hoc, or non-permanent committees, may be established to manage special projects and such committees will usually be dissolved when a project or goal has been accomplished.

When a committee is formed, the terms of reference are negotiated between the committee and the Board of Directors. These terms of reference may include:

– responsibilities

– specific directives

– financial authority (if any)

– terms of office

General duties of each committee might include such things as: coming up with new ideas as to how the Board might better discharge its duties, researching factual material that will assist the Board in making decisions, service as a channel for input from the unit owners and putting forward recommendations on ways to improve the quality of life of our residents.

Application for committee duty is informal and one is cordially invited to get involved. Perhaps some valuable ideas or facts could be shared with all of us.

MANAGEMENT

 

The members of the Board of Directors, as a matter of policy, do not manage the day-to-dat business of maintenance, contracting and other duties of a professional management nature. These responsibilities are vested in a manager employed by the Board and responsible to it.

Under the direction of the Board, the manager assumes the responsibility for ensuring that all the necessary duties which are vital to our condominium project are carried out. This may be anything from organizing our annual meeting to preparing monthly financial statements and to seeing that our Superintendent accomplishes his daily tasks and that all owners pay their common element fees. Our manager attends Board meetings to report on past accomplishments, answer questions, make recommendations and take future directives from the Board.

The manager reviews the needs of the Corporation in all areas in advance and presents them to the Board for decision. As an example the Board may call for the manager to tender on various contracts, prepare a long-term reserve fund budget and investigate the costs and/or plausibility of various common element charges.

Any complaints or requests concerning maintenance that fall within the responsibility of the Condominium Corporation should be directed to the manager. This allows the manager to carry out his/her functions without imposing on the Board of Directors. Please feel free to get in touch with our manager to discuss concerns you may have about Presqu’ile and the Corporation that we form as owners.

EMERGENCIES

 

IN CASE OF EMERGENCY CONTACT THE MANAGER

 

FIRE AND OTHER EMERGENCIES

Everyone should be familiar with the proper action to get help in case of fire and other emergencies. See page 18 for specific instructions.

SAFETY AND SECURITY

 

LIABILITY

If a resident leaves a door open in winter, causing pipes to freeze and burst, and possibly damaging adjacent units as well as his own, the resident can be held personally liable for damages. The same applies for a fire starting in one unit and damaging others. Nevertheless our superintendent is asked to visit unoccupied units three (3) times a week.

RIGHT OF ENTRY

Section 6(4) of the Condominium Act gives authority to a person authorized by the Board or Property Manager to enter any unit or part of the common elements, at any reasonable time and upon giving reasonable notice to make inspections and repairs, to correct conditions which might result in damage to the property or to carry out any duty imposed upon the Corporation.

IN CASE OF EMERGENCY, an agent of the Corporation may enter at any time and without notice. The Corporation or anyone authorized by it, may determine whether an emergency exists. If you plan to be away for an extended period, please

NOTIFY MANAGEMENT. MOVING

 

All residents moving in and out should make arrangements with the Property Manager in writing a minimum of one (1) week prior to moving in or out.

DELIVERIES

If you cannot be at home to receive deliveries, large or small, please make arrangements with the on-site superintendent, in writing, to receive the items for you. Home and business telephone numbers should be included with above.

INSURANCE FOR COMMON ELEMENTS AND INDIVIDUAL UNITS

The Corporation carries fire and all-risk insurance coverage on all common elements, and on all exterior walls of units. Fire and water damages within the confines of the inner walls of the individual units are NOT common elements and should be covered by the insurance carrier of the individual unit residents. Also individual unit residents need to insure their personal belongings plus any improvements or additions made to their units by themselves or by previous owners (e.g. wallpaper, chandeliers, additional or upgraded floor-coverings, etc.). Most insurance companies today are familiar with the peculiarities of condominium owners’ needs. Because of the coverage held by the Corporation, costs to unit owners are much less than they would be in an individual home.

SANITATION

 

The tenants/owners must maintain strict sanitary conditions at all times.

CHARGES FOR DAMAGES

Each owner shall indemnify the Corporation against loss, cost, damage or injury caused to the common elements by the willful or unlawful act or omission of such owner or any resident of his unit. PETS All pets are to be on a leash or carried by hand while on the common elements. Pets should be brought outside the island to perform their duties. In case of accident, the “Stoop and Scoop” rule is in force and effect in all areas of this island. No pets in the Lodge or around the pool area.

No animal, livestock or fowl, other than a domestic animal kept as a pet, shall be kept on the property, and no pet that is deemed by the Board of the Management, in its absolute discretion, to be a nuisance shall be kept by any owner/resident of any unit. Any owner/resident who keeps a pet on the property shall within two weeks of receipt of a written notice from the Board or the Management requesting the removal of such pet, permanently remove such pet from the property.

No breeding of pets for sale shall be carried on in any unit.

It is incumbent upon each pet owner to keep the noise level of his/her pet to an acceptable level at all times.

OWNER

The term “owner” shall include the owner or the owner’s authorized agent.

GRIEVANCE AND VIOLATION PROCEDURES

In case of violation of our rules and regulations, complaints and grievances are to be forwarded in writing to the Board of Directors and the Property Manager.

CONDOMINIUM FEES (COMMON ELEMENT ASSESSMENTS) (CEA)

Common Element Assessments are those that are levied on all unit owners proportionate to their interest in the property. Every month each unit owner pays what is generally referred to as a “condominium Fee”. The amount is, more precisely, an “Assessment of Common Expenses” and covers maintenance to the exteriors of units and all common areas.

Also covered by these charges are water (for the use of householders and for watering of common landscaped areas), electricity for common elements, snow removal, garbage collection, insurance for the common elements and the buildings, legal and audit services, personnel and management expenses. The fee is based on the total cost of projected services and maintenance over the coming year, divided on a proportionate basis by the number of units in this condominium development. Included in the condominium fee is an allocation to the Corporation’s Reserve Fund, generally 10% of the annual expenses. The Reserve Fund may be used with discretion to cover expenditures related to maintaining safety, appearance and investment value of your property.

Condominium fees are established as an annual charge for the coming year. Fees are payable in advance, on the first day of each month commencing November 1 and are evidenced by twelve, post-dated cheques. Cheques are to be made payable to “Prescott Condominium Corporation No. 1”, and submitted to the property manager.

There are no exceptions to the condominium fees or special assessments. Default in excess of 30 days will normally result in a lien against the unit for the arrears plus interest and legal fees. A lien, which takes priority over all other charges except outstanding taxes, is automatically effective for 90 days, after which the Corporation has to register it as prescribed for in the Act.

SPECIAL ASSESSMENTS

The Corporation may also assess and levy against the owners, a special assessment to cover any common expenses which exceed those estimated in the budget statement, in amounts and at such times as may be deemed necessary the the Board and approved by a majority of the owners.

In accordance with the Prescott Condominium Corporation No. 1 By-Law No. 1, Article X, paragraph two (2), page 17, the cheques for the special assessment should be in the Manager’s office within ten (10) days after the delivery of notice.

TENANT TO PAY COMMON EXPENSE DEFAULT IN LIEU OF RENT

Under Section 49(3) of the Condominium Act, where the owner who has leased his unit defaults in his obligation to contribute to the Corporation towards the common expenses, the Corporation may require the lessee to pay to the Corporation out of the rent due under the lease, an amount equal to the default, and such payment shall constitute payment toward rent under the lease.

DANGEROUS ACTIVITIES

No situation shall be permitted to exist and no activity shall be carried on in any unit or the common elements that is likely to damage the property.

COMBUSTIBLE/OFFNESIVE MATERIALS

No stores of coal or any toxic, combustible, or offensive goods, provisions, or materials shall be kept on the property including in individual units or balconies.

ELECTRICAL OVERLOAD

Residents shall not overload existing electrical circuits.

LANDSCAPING

No one shall harm, destroy, alter or litter any of the landscaping work on the property, including grass, trees, shrubs, flowers or flower beds without the specific approval of the Board of Directors. One may wish to embellish his/her own flower bed (adjacent to unit) in the spring time. It is certainly encouraged, at the cost of the owner.

A FINAL NOTE

Although the Directors manage the affairs of the Corporation, they are not all-seeing, or all-knowing. It is the responsibility of each resident to be concerned about our security and well-being. Please get involved by joining a committee, reporting hazards, defects, etc., abiding by the rules and regulations, and offering advice in your area of expertise. It only takes a minute or two to protect your investment and maintain a secure, comfortable home.

The facts contained in this manual have been compiled by the Board of Directors in good faith. Should any information contradict existing federal, provincial or municipal laws, then the applicable federal, provincial, or municipal laws will take precedence. CONCLUSION

Ontario’s condominium laws and jurisprudence establish the unquestioned right of a condominium corporation to establish reasonable rules for its common properties and to enforce such rules as required.

The best enforcement, is seems to your Directors, is a healthy dose of cooperative “condominium spirit” in acknowledging the needs and rights of others and we ask you to cooperate.