YORK CONDOMINIUM CORPORATION NO. 76
Policies and Procedures governing alteration to units and common elements by unit owners
The following policies and procedures shall be applied to all alterations to units and common elements that are proposed to be made by unit owners.
“Owner” refers to individual or joint registered owner(s) of a dwelling, locker or parking unit.
“Unit” refers to a dwelling unit, parking unit or locker unit in York Condominium Corporation No. 76.
“Corporation” refers to York Condominium Corporation No. 76
“Board” refers to the board of directors of York Condominium Corporation No. 76.
No Owner, tenant or resident of any Unit shall make any alteration to the Unit or the common elements of the Corporation without the prior approval of the Board.
For any pre-existing alteration which has not been approved by the Board, the Owner shall be required to obtain retroactive approval of such alteration, pursuant to the policies and procedures outlined herein. Should the alteration not be approved by the Board, the Owner shall be required to return his or her Unit to its original condition within a reasonable time frame.
- In determining whether to approve any alterations to the Units or common elements, the Board shall follow the following guidelines:
a)the proposed alteration shall not be contrary to the provisions of the Condominium Act, 1998 or the Corporation’s declaration, by-laws or rules;
b)the proposed alteration shall not interfere with the “as constructed” layout of the Unit, such that it would affect building systems such as airflow, water usage, heat distribution and electrical usage;
c)the proposed alteration shall not infringe upon any parts of the common elements, unless the request concerns common element area of which the owner has exclusive use;
d)the proposed alteration shall not negatively affect any other Unit, such as possible noise or quality of life issues, or have a detrimental effect on the common elements;
e)the proposed alteration shall not obstruct or interfere with the rights of other Owners or residents of the Corporation;
f)the proposed alteration shall not be approved if doing so sets a precedent against general Corporation policy or adversely affects the property values of the Units in the Corporation;
g)the proposed alteration shall not affect the appearance of the building or affect the structural integrity of the building or Units; and
h)any other reasonable factors that the Board may consider necessary.
All previous, present and further requests for alterations shall be placed in a database, to aid the Board in making decisions regarding requests for alterations.
- The Owner must submit a written request for approval by the Board of Directors for any alterations to the Unit. The request must include detailed professional specifications for the alteration, including, but not limited to, the names and addresses of the companies involved in the work, the time-table for the work, specifications of all materials to be used, the effects of the alteration on the plumbing, electrical, exterior walls, and any other common element.
- The Owner agrees that no further alterations to the Unit shall be carried out without prior written consent from the Corporation.
- In the event that there is a proposed change in, or deviation from, the plans approved by the Board, such change or deviation, however slight, cannot be made until the Board has reviewed and approved the change or deviation, in writing.
- Prior to any alterations to the common elements being made, the Owner must enter into a Unit Alteration Agreement with the Corporation which shall be registered on title to the Unit.
- The construction may begin only upon approval of the alteration, the execution of the Unit Alteration Agreement by the Board and the Owner, and the registration of same on title.
- The Owner shall be responsible for all engineering, inspection, legal, and administration costs for registration of the Unit Alteration Agreement on title.
- The Corporation will use its own engineering firm to verify and approve any proposed alteration plan. In addition, the Corporation will use its own solicitors for preparation and registration of any Unit Alteration Agreement on title, all at the Owner’s cost.
- The use of the alteration shall always be in accordance with the Condominium Act, 1998, and the Declaration, By-Laws and Rules of the Corporation, which may be in effect from time to time.
- All future repair and maintenance costs to the said Unit, resulting from any alteration to the Unit made by an Owner, shall be the Owner’s responsibility and are deemed to be common expenses attributable to the Unit, and shall be recoverable as such. This responsibility shall be binding on subsequent owners of the Unit until such time that the alteration is removed and the Unit returned to original condition.
- The Owner shall indemnify the Corporation and save the Corporation harmless from any loss or claims that might arise against it due to the alteration(s) or attempts to rectify unapproved alteration(s). Any monetary loss suffered by the Corporation due to an Owner’s alteration shall be payable by the Owner to the Corporation upon demand, and shall be deemed to be a common expense attributable to the Unit, and shall be recoverable as such.
- The Corporation has the right to monitor any alteration work being done in a Unit, and the Corporation’s manager shall have access to the Unit at all reasonable times for inspection purposes.
- The Owner agrees to obtain proper insurance coverage with respect to the alteration, if requested by the Corporation.