The Baxter is a self-governing community requiring rules and regulations to ensure the fairness and well-being of all residents. While subject to the laws of the land, Ontario condominiums are further regulated by the Condominium Act, 1998 which is reviewed and updated periodically by the provincial government. In addition, each condominium has its declaration, by-laws and rules which are specific to that condo.
Our Declaration (with its attached schedules) was created by the builder to define basic aspects of The Baxter. Among other things, it details the common elements, the units, the percentage ownership each owner has in the common elements, the apportionment of common expenses across units, and the creation of exclusive use common elements. It further describes a number of rights and obligations that every owner and resident is required to abide by. This document should be considered a must read by every resident. The declaration is very difficult to amend, requiring 80 to 90% of all owners, depending on the type of change.
By-Laws generally deal with the Board of Directors and the manner in which condominium will be governed. By-laws are passed by the Board and require approval of at least 50% of all owners. At The Baxter, there are currently 8 by-laws in force;
- By-Law 1 – Establishes how The Baxter is to be governed.
- By-Law 2 – Specifies conditions under which the condominium may borrow money.
- By-Law 3 – Establishes an Insurance Trust Agreement.
- By-Law 4 – Empowers the Board to enter into Management Agreements.
- By-Law 5 – Describes granting of easements.
- By-Law 6 – Amends By-Law 1 increasing Board of Directors from 3 to 5.
- By-Law 7 – Defines a “standard suite” for insurance purposes.
- By-Law 8 – Amends By-Law 1 re leasing of units by owners.
Rules relate to the use of common elements and units to promote the safety, security and welfare of owners and residents. They are passed by the Board of Directors and, although they do not require approval by the owners, owners have the right within 30 days of notice of a rule amendment to request an owners’ meeting where the rule change will require at least 50% approval from those in attendance. Such a request must be made in writing and requires the signatures of at least 15% of owners.
It is imperative that all owners and residents abide by the rules and everyone is encouraged to be familiar with them. To view or print a copy of the rules, click here.
Insurance coverage is the responsibility of both the Condo Corporation and its owners. The corporation maintains insurance against major perils to the common areas and to the “standard definition” of units. Owners must insure contents, upgrades to the unit beyond the “standard definition” and liability coverage in the event that this unit is deemed to be “responsible” for the peril. For a greater explanation, click on ‘Condo Insurance & Repairs‘.