Metropolitan Toronto Condominium Corporation No. 615
190, 192 & 194 Jarvis Street, Toronto, Ontario
Consolidated Rules and Regulations Document
Latest Revision: April 9, 2014
Effective Date: (TBA – Once revisions have been distributed and a period of 30 days elapsed without Owner Objection)
Previous Version: August 2004
Table of Contents
1. General Regulations
1.2 Common Areas
1.3 Garbage and Recycling
1.4 In Consideration of Others
2. Unit Responsibilities
2.3 Use of Natural Gas, Propane, Electric and Charcoal Cooking Appliances
2.4 Suite Door Locks
2.6 Gas Fireplaces
3. Common Elements
3.6 Common Use Barbeques
4.1 General Statement
4.2 Applicable Regulations
4.3 Authorisation – How to Get it
4.4 Undertaking Renovations
4.5 Structural Changes
4.6 Heating and Ventilation
4.7 Plumbing and Electrical
4.8 Telephone and Cable Services
4.10 Suite Doors
5. Moving, Leasing, Moving Room and Receiving or Disposal of Items
5.1 Moving Hours
5.2 Booking an Elevator
5.6 Disposal of Items
6. Tenancy and Building Security
6.1 Respecting Tenancies
6.2 Building Security
7. Parking, Driveway, Garage and Bicycle Storage Area
7.2 Car Garage
7.3 Visitor Parking
7.4 Bicycle Lockup and Storage
8. Recreational Facilities
8.1 Exercise Room
8.3 Outdoor Patio Area
ARTICLE 1 – General Regulations
The following Rules and Regulations made pursuant to the Condominium Act, 1998, S.O. 1998, c. 19, as amended (the “Act”) shall be observed by all owners. The term “owner” shall include the owner or any other person(s) occupying the unit with the owner’s approval, including, without limitation, members of the owner’s family, his/her tenants, guests and invitees.
In addition to those terms or phrases specifically defined elsewhere in the Rules and Regulations, the terms or phrases used herein shall have the meanings ascribed to them in the Act and the Declaration, unless the Rules and Regulations specify otherwise, or unless the context otherwise requires, and in particular the terms or phrases set out below shall have the meanings respectively ascribed, as follows:
“Commercial Use” of a unit means, without limiting its generality:
(a) the carrying on of a business;
(b) the operation of a business office or professional office;
(c) use as a hotel, suite hotel, boarding, rooming or lodging house; and
(d) the disposition of an owner’s or tenant’s right to occupy a residential unit whereby the party or parties acquiring such interest or right is or are entitled to use or occupy the unit on a transient use basis or under any arrangement commonly known as time sharing.
“Transient Use” is deemed to occur if more than one lease of a duration of less than one (1) year is entered into in respect of any particular unit in any period of twelve (12) consecutive months. Short term occupancy by a bona fide purchaser or vendor which occurs as an integral part of a completion of a unit purchase and sale agreement shall be deemed not to be “transient use”.
“Suite Hotel Use” means use of those portions of a residential complex composed of transient living accommodation having self-contained bathroom and kitchen facilities.
1.1.1. The owner will maintain their unit in good repair and will comply with any notice of the Corporation requiring the owner to effect repairs to the unit.
1.1.2. When renovating the unit all work that could be disruptive to neighbours, particularly work that produces noise and or vibration, must be done between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, 10.00am to 4.00pm on Saturday. Under no circumstances will disruptive work be done on Sundays or statutory holidays. Owners should pay particular attention to renovations causing dust or fumes. In such cases unit doors should be sealed to prevent contaminating common areas. Windows should be kept shut to prevent dust from reaching other units; windows should be kept open to evacuate fumes. Air conditioning/heating units should be turned off to prevent contamination of other units through the air ducts.
1.1.3. No toilet shall be used for purposes other than those for which it is constructed and no sweepings, garbage, rubbish, rags, ashes, medications, toxic or other hazardous substances, pet litter or other substances shall be thrown therein. Any loss, cost or damage resulting from misuse or from unusual or unreasonable use of the toilet shall be borne by the owners who, or whose family, tenants, guests, visitors, employees, clerks or agents shall cause it.
1.1.4. No portion of the unit and no portion of the common elements designated to be for the exclusive use of the unit owner but required by the Declaration to be maintained by the Corporation shall be painted, decorated or otherwise dealt with by anyone other than the Corporation or with the expressed written consent of the Corporation. No owner shall paint the inside of his balcony walls without the prior written consent of the Board.
1.1.5. No owner or tenant shall do or permit anything to be done in the unit or on the balcony, or bring or keep anything therein which will in anyway increase the risk of fire or the fire insurance premiums on any building or on property kept therein, or conflict with the regulations of the City of Toronto Fire Department, or with any insurance policy carried by the Corporation or conflict with any of the rules and ordinances of the local board of health, or with municipal by-laws or any provincial or federal statute or regulation. In order to prevent a potential fire or health hazard, no owner shall store an excessive number of items, as determined by the Board, in the unit, on the balcony, or on any part of the common elements.
1.1.6. No plumbing or electrical alterations within any unit or within any partition, bearing or party wall, shall be made without the prior written consent of the Board. Owners shall not overload existing electrical circuits. Electrical circuits shall be used in accordance with the requirements of the Ontario Building Code, approved plans and specifications for electrical wiring within the building, and any other relevant governmental code, ordinance and regulation. All electrical appliances or equipment used in any unit shall comply with the applicable regulations of appropriate authorities from time to time in force.
1.1.7. Nothing shall be placed on the outside of the windowsills or projections.
1.1.8. The exterior of all drapes, curtains, window blinds or other window coverings, which are visible from the exterior of a unit, shall be the colour white, off-white or beige. The installation of any drapes or blinds that do not fall into this category are not permitted without the expressed written consent of the Board. Blinds and curtains shall not be obstructed.
1.1.9. Windows may not be covered with material other than proper blinds, curtains, draperies or shutters. Without limiting the generality of the foregoing no windows may be covered with tin foil, towels, flags or the like.
1.1.10. It is the responsibility of the unit owner to provide the name, address, telephone number, and email address of any tenant or occupant to the property manager. The owner shall notify the Corporation of changes in the tenancy or status of the rental unit.
1.1.11. If the unit is left vacant or unattended for a period greater than one month the owner or his designate shall be responsible for monthly routine checks. The Superintendent shall be notified as to who will be the designate and the time of each visit which shall be recorded. The Owner must provide their agent with written authorization to take such action as is deemed necessary by the Board while the owner is away. The agent will be expected to authorize action should there be a problem e.g. insect infestation, water issues, etc.
1.1.12. The unit owner shall remain directly responsible to the Corporation for all common expense assessments, insurance deductibles and any other charge the Board may direct to the unit. Furthermore, the unit owner shall be responsible for all legal and other costs incurred by the Corporation in seeking to obtain his tenant’s compliance with the Act, and the Declaration, By-Laws and Rules of the Corporation.
1.1.13. No owner shall do anything or permit anything to be done that is contrary to any statute or municipal by-law or any rules, regulations or ordinances passed under any statute or municipal by-law.
Each owner shall indemnify and save the Corporation harmless from and against any loss, cost, damages and legal costs on a substantial indemnity basis (formerly known as solicitor and client costs), which the Corporation may suffer or incur resulting from, or caused by, any act or omission, or breach of these rules by the owner. All payments to be made by any owner pursuant to this rule shall be deemed to be common expenses payable by such owner and shall be recoverable in the same manner and upon the same terms as unpaid common expenses, as well as any additional actual costs to the Corporation pursuant to Section 134(5) of the Act.
1.2. Common Areas.
1.2.1. No sign, advertisement or notice shall be inscribed, painted, affixed or placed on any part of the inside or outside of the building or common elements whatsoever without the prior written consent of the Board.
1.2.2. The lobby bulletin board is for residents’ use and all postings must be identified with the owner/tenant name and all postings require prior written consent of the Board.
1.2.3. No items, including footwear and doormats, are to be placed in the corridors of any hallway on any floor.
1.2.4. The feeding of birds or any other wild animals is not permitted on or from balconies, windows or on any other part of the common elements.
1.2.5. The sidewalks, entry passageways, walkways and driveways used in common by the owners shall not be obstructed by any of the owners or used by them for any purpose other than for ingress or egress to and from their respective units.
1.2.6. No one shall harm, mutilate, destroy, alter or litter any of the landscaping on the property, including grass, trees, shrubs, hedges, flowers or flower beds.
1.3. Garbage and Recycling.
1.3.1. A resident shall not leave, place or permit to be placed or left upon the common elements, including those of which he has the exclusive use, any debris, refuse or garbage, except in accordance with Rule 1.3.
1.3.2. Any debris, refuse or garbage shall be contained in properly tied garbage bags of a material size and quality that will prevent their tearing or disintegrating in the disposal chute and shall be placed and disposed of therein.
1.3.3. Bags disposed of via the garbage chute shall not weigh in excess of 10 kg. The owner must ensure that the garbage is placed far enough into the chute that it will go down and not remain stuck in the chute.
1.3.4. Newspapers, small cartons and bottles shall be left in the first floor moving room in the recycle bins or in any other area designated by the Board from time to time.
1.3.5. Pet litter, bags of garden soil and other items that will easily tear and/or break open if placed in the garbage chute shall be brought down to the moving room area and not placed in the garbage chute.
1.3.6. Larger items such as packing cases, crates and similar items shall be placed in the moving room area during times as designated specifically for such purpose by the building Superintendent.
1.3.7. All garbage disposal and recycling in the building shall be in accordance with City of Toronto garbage and recycling by-laws, regulations and requirements.
1.4. In Consideration of Others.
1.4.1. Owners, tenants, their families, guests, visitors and employees shall not create or permit the creation of or continuation of any noise or nuisance which, in the opinion of the Board or the manager, may or does disturb the comfort or quiet enjoyment of the property by the other owners, tenants, their families, guests, visitors, employees and persons having business with them. If the Board of Directors determines that any noise is being transmitted to another unit and that such noise is a nuisance or disruptive, then the owner of such unit shall at his own expense take such steps as shall be necessary to abate such noise to the satisfaction of the Board. If the owner or tenant of such dwelling unit fails to abate the noise, the Board shall take such steps as it deems necessary to abate the noise and the owner shall be liable to the Corporation for all related expenses incurred including all legal fees incurred.
1.4.2. Nothing shall be thrown out of the windows or doors of the building or over any balcony, railing, terrace or roof. A resident shall not permit anything whatsoever to fall from the windows or doors of his unit nor shall any resident, his visitors, guests or employees sweep or throw from the premises any dirt or other substances upon the common elements. The washing of balcony floors shall be permitted at times designated by the Board of Directors and posted with adequate notice.
1.4.3. No auction sales or events to which the general public is invited shall be allowed in any unit or on the common elements, without the prior written consent of the Board.
1.4.4. No noise or vibration, caused by any instrument or other device, such as musical instruments or Whirlpool bathtubs, or other item in the opinion of the Board may disturb the comfort of the other owners, shall be permitted.
Article 2 – Unit Responsibilities
2.1.1. If an owner makes, installs, or has caused to be made or installed, any fixture, improvement or other installation within his unit, he shall be responsible for the cost of the removal and replacement of the same should it be necessary for the maintenance or repair of any common elements, such as plumbing, heating or electrical wiring. No plumbing or electrical alteration within any unit or within any partition, load bearing or party wall, shall be made without the prior written consent of the Board.
2.1.2. No screens, awnings or other shade device shall be erected over, outside or inside any window or balcony without the prior written consent of the Board.
2.1.3. Filming for commercial purposes in any dwelling unit or on the common elements is prohibited except when authorized by written consent from the Board.
2.1.4. No television antenna, aerial, satellite dish, tower or similar structure and similar appurtenances thereto shall be erected on or fastened to any unit or exclusive use common element except in connection with a common television cable system in conjunction with the building without prior written consent of the Board. Any television antenna, aerial, satellite dish, tower or similar structure and similar appurtenances thereto in violation of this rule shall be removed immediately by the owner at his own expense, failing which it shall be removed by the Corporation, at the owner’s expense, upon giving reasonable notice.
2.1.5. Water from any fixture within the unit shall not be left running unless in use.
2.2.1. The open balconies are not part of an owner’s suite but are common elements of which an owner has exclusive use. No structural changes may be made to any part of the balcony area without written consent of the Board. No permanent carpet or other surface covering shall be placed on the floor of the balcony area.
2.2.2. Only seasonal furniture is allowed on balconies and any other exclusive use areas. All such items shall be safely secured in order to prevent such items from being blown off the balcony or exclusive use areas by high winds or gusts.
2.2.3. Where an owner has placed seasonal furniture or plants or any other object on or within a balcony or patio area, he shall indemnify and save harmless the Corporation from any claim for loss or damage it may incur or sustain as a result of this installation. No owner shall cause weight to be placed on the balcony floor that exceeds 100 pounds per square foot dead weight. (Dead weight means stationary weight, eg. a planter weighing in excess of 100 pounds.)
2.2.4. Balconies shall not be used for the storage of any goods or materials.
2.2.5. No items shall be placed on balcony ledges.
2.2.6. No mop, broom, duster, rug or bedding shall be shaken or beaten from any window, door or part of the common elements of which the owner has exclusive use. Only seasonal furniture and/or plants and planters are allowed on a balcony or patio and no balcony shall be used for storage.
2.3 Use of Natural Gas, Propane, Electric and Charcoal Cooking Appliances.
2.3.1. The use of propane, electric, and charcoal cooking appliances, including barbeques and grills (collectively “barbeques”), that bear the Canadian Standards Association (CSA), Intertek Testing Services (ITS) or Underwriter’s Laboratories (ULC) label of certification, is permitted on all exclusive use balconies.
2.3.2. If and when technology permits, unit owners may apply to the Board for a natural gas connection in order to use a natural gas appliance on an exclusive use balcony. This would be subject to the discretion of the Board and the execution of a section 98 Agreement pursuant to the Condominium Act, as amended.
2.3.3. Propane cylinders must be kept:
a. on exclusive use balconies;
b. outdoors in an open area free of enclosures and combustible material;
c. ten feet away from any source of ignition (other than the attached barbeque);
d. in an upright position; and
e. with the cylinder valve outlet capped, plugged or sealed when not in use.
2.3.4. If transported by elevator, propane cylinders must be transported without other / additional passengers present.
2.3.5. When transported, propane cylinders must be kept in an upright position and the cylinder valve outlet must be capped, plugged or sealed.
2.3.6. Propane cylinder valve outlets must be capped, plugged or sealed after each use.
2.3.7. Charcoal ashes from a barbeque cannot be placed in the green organics bin. Ashes from a charcoal barbeque must be disposed of when cold. Place them in a strong plastic bag and take to the moving room. Do not dispose of the ashes down the garbage chute.
2.3.8. No barbeque on any balcony shall be left unaccompanied by an adult, when in use.
2.4. Suite Door Locks.
Entry doors to all units must be equipped with a lock that is compatible to the master key system which allows access to the unit by the building Superintendent in the event of an emergency or when proper notice is given for regularly scheduled maintenance procedures. Any entry door equipped with a lock that is not compatible to the
master key system must be rekeyed immediately in conformity with this rule at the owner’s expense.
No owner or tenant shall encourage an infestation of pests, insects, vermin, bed bugs or rodents to exist at any time in his unit or adjacent common elements. Owners shall immediately report to the Property Manager all such incidents. Upon receipt of at least two (2) weeks’ notice in writing, each unit owner or tenant shall permit entry to his unit for the purpose of conducting pest control procedures. Each unit owner shall prepare the unit in the manner prescribed in the aforesaid notice and shall permit and facilitate entry into the unit by any authorized pest control personnel and shall co-operate in order to carry out the full intent of this rule. Cost of the extermination will be borne by the occupant.
2.6. Gas Fireplaces.
Any unit owner who installs a gas fireplace must also install a carbon monoxide detector, at his own expense, unless already installed in compliance with applicable statutory requirements. When the licensed contractor makes the annual fire alarm inspection, this device shall be inspected also.
Article 3 – Common Elements
3.1.1. No furnishing or equipment shall be removed from any part of the common elements by or on behalf of any owner.
3.1.2. An owner shall not do or permit anything to be done on the common elements or bring or keep anything thereon which will in any way increase the risk of fire or the rate of fire insurance premiums.
3.1.3. Children are not permitted to play or congregate in the hallways, lobby, stairways, elevators, roof top terrace or any other common element area.
3.1.4. Loitering in the stairwells or other parts of the common elements is not permitted.
3.1.5. Roller blades shall not be worn in any common area of the building.
3.1.6. Any damage to the common elements caused by an owner or tenant, members of his family, visitors, contractors, agents or employees shall be brought to the attention of the Superintendent immediately and shall be repaired by arrangement and under the direction of the Property Manager but at the cost of the unit owner.
Nothing shall be placed or installed, including real estate sales signs or real estate open house signs, upon the common elements without the prior written consent of the Board.
3.3.1. The front entrance to the building shall be used as a means of personal entry and exit and will not be used to move large items to and from the building.
3.3.2. All bicycles coming in and out of the building shall be taken through the garage doors. Bicycles are not to be taken through the main lobby or on an elevator.
Elevators shall not be used in any manner that will endanger or inconvenience other owners or residents. Without limiting the generality of the foregoing, elevators shall not be overloaded; doors shall not be pried open or kept open by any device that will prevent them from closing.
Smoking is not permitted in any common area of the building, with the exception of one’s own balcony. If the Board determines that smoke emanating from an owner’s balcony unreasonably interferes with the use and enjoyment of the premises by other owners and raises health concerns, the owner shall be prohibited from smoking on the balcony in such a manner. City of Toronto by-laws regarding smoking in the front of the building shall be followed. Cigarette butts shall be disposed of in a covered receptacle and not tossed off the balcony.
3.6. Common-Use Barbeques.
3.6.1. In addition to permitting the use of barbeques on all exclusive use balconies, the Corporation will provide a barbeque in the back patio Common Element area.
3.6.2. The barbeque located in the back patio area shall be open for use by all current Residents of the building. Off-site unit owners shall not use the facilities under any circumstances.
3.6.3. The hours of operation for the common-use barbeque are as follows: 10 a.m. – 10 p.m.
3.6.4. Residents can book the barbeque on a first-come-first-serve basis through a sign-up sheet posted alongside the Party Room bookings on the Party Room door.
3.6.5. Residents who make the aforesaid bookings shall be held responsible for damage and or clean-up charges.
3.6.6. Each booking time for the common use barbeque is based on a maximum of four hours usage.
3.6.7. The barbeque and all equipment must be cleaned immediately after use, and all garbage must be removed from the area immediately after use.
3.6.8. Clean-up charges shall be applied to the previous user upon discovery of an unclean BBQ.
3.6.9. The barbeques must be turned off and locked after use.
3.6.10. A thirty (30) minute grace period will be observed for any reservation. After the grace period, the barbeque will become available for reservation by another Resident.
3.6.11. The aforementioned facilities are to be used at the Resident’s own risk.
3.6.12. Any violation(s) of these rules will result in corresponding charges, if applicable, and or a suspension of rights for an indefinite amount of time.
3.6.13. These facilities are reserved for Residents only, from April 1 through to November 30, weather permitting.
3.6.14. All guests must be accompanied by Residents of the building.
3.6.15. Irresponsible behaviour will result in individuals being asked to leave the area and/or having rights suspended indefinitely.
ARTICLE 4 – Renovations
4.1 General Statement
The Board has a responsibility to ensure that renovations do not have a negative impact on common elements or on other units, and has the right and responsibility of enforcing applicable rules and regulations.
No Residential Unit Owner shall make any change, addition, modification or alteration, except for any change, addition, modification or alteration which is solely decorative in nature, in or to his Unit or make any change, addition, modification or alteration to an installation upon the Common Elements, or maintain, decorate, alter or repair any part of the Common Elements, except for maintenance of those parts of the Common Elements which he has the duty to maintain without the prior written consent of the Board, which consent shall be in the sole and unfettered discretion of the Board and may be subject to such conditions as may be determined by the Board.
A complete set of all the original as-built architectural and structural plans and specification for any additions, alterations, or improvements from time to time made to the Common Elements or to any Unit with the prior consent in writing of the Board shall be maintained in the office of the Corporation at all times, for the use of the Corporation in rebuilding or repairing any damage, and for the use of any Owner or mortgages.
A separate Renovations Guidelines document provides you with useful and necessary information and, ultimately, assists you in completing a problem-free renovation. If you require clarification, please contact the Management Office, Dan Van Willegen, Property Manager at (416) 657-2117.
4.2 Applicable Regulations
A condominium corporation is governed by the Board of Directors that has the duty and obligation to ensure compliance with;
a) the Condominium Act, R.S.O. 1998 as amended, and any revisions thereto;
b) the registered Declaration of this particular corporation; and,
c) the Rules and Regulations as passed by the Board of Directors of the corporation.
The Act is silent on specific references to renovations and merely identifies, in general terms, the subject matter that the Declaration and Rules and Regulations may contain and/or deal with.
It is the Declaration and Rules and Regulations that specifically identify the work that may or may not be done in, on, or to the units or common elements. You should consult these two documents before you plan your renovations.
4.3 Authorization – How to get it
4.3.1 Requests for renovation authorizations shall be submitted to the Board via the Property Manager (currently, Management Professionals, 25 Whaley Drive, Toronto, M8W 2N2, attention Dan Van Willegen). You may submit your request by mail, fax (416 251-1738) or by e-mail (firstname.lastname@example.org).
4.3.2 The request shall include a detailed description of the proposed work, accompanied by a sketch or floor plan identifying the proposed renovations, their limits, any special installations, etc. that shall help the Board to understand the proposed work.
4.3.3 If the proposed renovation will alter plumbing, electrical or building structures, appropriate architectural diagrams and city permits shall accompany the request to the Board.
4.3.4 The Property Manager shall bring the request to the Board at the next scheduled monthly meeting.
4.3.5 The Board shall review the renovation proposal and shall contact the owner (or his/her representative) through the Management Office within two weeks after the proposal has been reviewed.
4.4 Undertaking Renovations
The wellbeing of your neighbours and the efficient operation of the building shall be taken into account in every step of your renovation.
4.4.1 When renovating the unit, all work that could be disruptive to neighbours, particularly work that produces noise and/or vibration, must be done between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, 10.00am to 4.00pm on Saturday. Under no circumstances will disruptive work be done on Sundays or statutory holidays.
4.4.2 Owners should pay particular attention to renovations causing dust or fumes. In such cases unit doors should be sealed to prevent contaminating common areas. Windows should be kept shut to prevent dust from reaching other units; if the work results in fumes and/or odours, the windows should be kept open to help evacuate fumes. Air conditioning/heating units should be turned off to prevent contamination of other units through the air ducts.
4.4.3 Disposal of all materials from a renovation shall be done in accordance with the relevant guidelines as specified in Section 5.6 (Disposal of Items – which includes toxic waste) of these Consolidated Rules and Regulations.
4.4.4 The delivery of material shall be done in accordance with the relevant guidelines as specified in Section 5.1 (Moving Hours) and Section 5.2 (Booking of Elevator) of these Consolidated Rules and Regulations.
4.4.5 Owners shall take all precautions not to jeopardize building security during renovations, especially when moving materials to and from the building via the moving room. Arrangements for temporary access cards for trades persons/ contractors must be made with the Superintendent. Parking for trades persons/contractors should be prearranged with the Superintendent.
4.4.6 Changes to the building’s safety devices, such as smoke detectors, the public address system, heat detectors and the door-closure mechanism are not allowed without prior written consent from the Board. This is to ensure compliance with applicable codes and regulations.
4.5 Structural Changes
4.5.1 No portion of the unit (other than the entire unit) shall be partitioned or divided for use as a single-family residence as defined according to the City of Toronto Zoning By-Law.
4.6 Heating and Ventilation
4.6.1 All changes to current vents, fans and ductwork must be submitted to the Board for review to ensure that renovations will not have negative impact on current ventilation levels.
4.6.2 Any changes or additions to heating and ventilation systems resulting in additional consumption of utilities subject to common billing shall be approved by the Board. The Board reserves the right to levy a surcharge on the maintenance fees for that unit to address increases in common expenses.
4.6.3 Any change or additions to the heating and ventilation system resulting in additional consumption of utilities subject to common billing must be approved by the Board. The Board reserves the right to levy a surcharge on the maintenance fees for that unit to address increases in common expenses.
4.7 Plumbing and Electrical
4.7.1 No plumbing or electrical alterations within any unit or within any partition, bearing or party wall, shall be made without the prior written consent of the Board.
4.7.2 The addition of fixtures requiring new floor drains requires a building permit from the City of Toronto and is subject to Board approval. All other plumbing must be done according to the Ontario Building Code. Work done by a licensed plumber will ensure compliance with the Building Code.
4.7.3 The installation of any garbage grinding devices is not allowed under Metro Bylaw No. 2389.
4.7.4 The Board reserves the right to levy a surcharge on the maintenance fees for that unit to address increases in common expenses for any changes or additions to the plumbing system that could result in additional consumption of utilities subject to common billing.
4.7.5 All electrical work shall be done according to the Ontario Building Code. Work done by a licensed electrician shall ensure compliance with the Building Code.
4.8 Telephone and Cable Services
4.8.1 Any change to the location of conduits or cables that provide service to other units must be approved in writing by the Board.
4.9.1 The owner shall ensure that any new flooring materials are installed with an adequate measure of sound attenuation materials to prevent unreasonable sound transmission between units. Should the Board determine, in its absolute discretion, that the level of sound transmission is unreasonable due to the new flooring installation, the owner will be required to either install a better sound attenuating material, add area carpets or restore the original floor if the issue is not properly addressed.
4.9.2 For any installation of new flooring material, no nails shall be driven in the base cement floor structure.
4.10 Suite Doors
4.10.1 Installation of any apparatus, such as doorknockers, nameplates and doorbells is strictly prohibited.
4.11.1 No portion of the common elements designated to be for the exclusive use of the unit owner but required by the Declaration to be maintained by the Corporation shall be painted, decorated or otherwise dealt with by anyone other than the Corporation or with the express written consent of the Corporation.
4.11.2 The bedroom balcony doors are a common element. Therefore, changes to the exterior of the door or its replacement must be approved in writing by the Board.
4.11.3 Under no circumstances can the brick portion of the balcony be painted, drilled or otherwise altered.
4.11.4 Any proposed decks or flooring must not be permanently attached to the building structure and must not inhibit drainage.
Regardless of flooring material, the balcony surface should be made available to allow inspection and repair to the balcony as needed by the Corporation. The owner will be provided an opportunity to remove the flooring prior to the inspection/repair of the balcony. Failure to remove the flooring will result in all costs incurred by the Corporation being charged back to the owner as common expenses and collected as such.
With the installation of any flooring material, owners should ensure that the vertical height on the inside of the balcony from the base to the top of the balcony ledge satisfies building code requirements.
*** Please note, any proposed alterations, additions or changes to the unit and/or the exclusive use common elements, other than superficial changes such as painting etc., may result in the need of a Section 98 Agreement being entered into between the Corporation and the owner. The owner will be responsible for any costs or disbursements incurred.
Article 5 – Moving, Leasing, Moving Room and Receiving or Disposal of Items
5.1. Moving Hours.
Moving hours are 9:00am to 4:00pm, Monday through Saturday. There is no moving permitted on Sundays or statutory holidays except with prior written permission of the Board.
5.2. Booking an Elevator.
5.2.1. Prior to booking an elevator, five days’ notice must be provided to the Superintendent and at this time an elevator reservation agreement must be completed and accompanied with a $250.00 damage deposit in cash, money order, bank draft or certified cheque.
5.2.2. It shall be the responsibility of the owner or tenant through the person reserving the service elevator to notify the manager or Superintendent and to request an inspection of the service elevator and adjacent common elements immediately prior to using the elevator. Upon completion of moving into or out of the building or the delivery area, the person reserving the service elevator shall forthwith request an immediate re-inspection of the service elevator and affected common elements. Any damage noticed during the re-inspection and not noted on the initial inspection shall be deemed to be the responsibility of the owner of the unit and the person reserving the service elevator. The cost of repairs, which shall include the cost of any extra cleaning, shall be assessed by the manager as soon as possible following the move or damage and the parties responsible shall be advised.
5.2.3. The owner and the person reserving the elevator shall be liable for the full cost of repairs to the service elevators and any part of the common elements caused by the moving of furniture or equipment into or out of the suite or the delivery of goods and services and home furnishings or equipment into or out of the suite. The Corporation through its manager shall have the right to withhold all or part of the security deposit as it deems necessary as security of partial or complete payment for any damages sustained. The Corporation shall apply all or part of the security deposit towards the cost of repairs. If the cost of the repairs should be less than the amount of the security deposit, the balance shall be returned to the owner or person reserving the service elevator. If the cost of repairs exceeds the amount of the security deposit and the owner or person reserving the service elevator still owns or resides in the building, the full cost of repairs less the amount of security deposit shall be assessed against the unit owned by or occupied by the person reserving the service elevator as a common element expense and shall be collected as such.
5.3.1. During the term of the reservation and/or while any exterior doors are in an open state, the owner or person reserving the service elevator shall take reasonable precautions to prevent unauthorized entry into the building. If the exterior door is left open, it must be monitored by moving company personnel or the individual moving items, to prevent unauthorized entry.
5.3.2. Corridors and elevator lobbies shall not be obstructed prior to, during or after the term of the reservation.
5.3.3. Protective elevators pads must be installed (by the Superintendent) prior to any items being placed in the elevators, and the outside moving room doors must be locked between loads unless they are constantly monitored by an adult.
5.3.4. Furniture and equipment may be moved in or out of the building via the moving room doors and only by the elevator designated by the building Superintendent for such purpose. The time and date of moving shall be fixed in advance by arrangement with the building Superintendent. The elevator reservation shall be for a period not exceeding four hours.
5.4.1. Outgoing residents must return their excess fobs (above the 2 fobs that are given to the new owner) to the Superintendent within 48 hours of vacating in order to recover their security deposit.
5.4.2. It is the unit owner’s responsibility to pass on to purchasers or new tenants, two (2) building fobs, two (2) common area keys and two (2) mailbox keys. The Corporation is not responsible for these items and will charge a deposit for any new keys or extra fobs required by a purchaser or tenant of a unit.
Owners who are leasing their units must provide a copy of their lease or a completed Form 5 from the Act, and a complete resident information sheet when booking the elevator with the Superintendent and completing the elevator reservation agreement.
5.6. Disposal of Items.
5.6.1. Recyclable items such as glass, plastic, newspapers, cardboard, etc. shall be placed in the appropriate bin in the moving room. Larger amounts of recycling cardboard shall be broken down into smaller pieces and tied neatly together in bundles as per the guidelines set by the City of Toronto.
5.6.2. Organic Waste shall be disposed of according to City of Toronto Organics program regulations. Consult www.toronto.ca/greenbin.
5.6.3. Disposal of larger items such as mattresses, appliances and furniture must be pre-arranged with the building Superintendent. Owners/tenants are required to contact the building Superintendent to make arrangements for the pickup of your item. Pickup dates vary and owners will be advised by the Superintendent as to when an item can be removed. It is the owner/tenant’s responsibility to move the item(s) from his unit to the moving room at a pre-arranged time. At no time should an owner/tenant move larger items to the moving room without first contacting the building Superintendent. As well, note that when purchasing new items such as mattresses, often the delivery firms bringing the new items will take away old items. Owners should investigate this option as it will save having to move the item to the moving room for disposal.
5.6.4. The City does not collect construction or renovation waste such as kitchen counter tops, cupboards, drywall, lumber or any other materials of this nature, as per City of Toronto Municipal Code, Chapter 844, and Section 8A. To arrange for the disposal of items of this nature, owners shall contact a private hauler for proper disposal and co-ordinate this with the building Superintendent.
5.6.5. Whenever in doubt as to how to dispose of a particular item (such as toxic waste, including paints and solvents), please contact the Superintendent for instructions. Owners shall not simply leave items in the moving room without first making the appropriate arrangements.
ARTICLE 6 – Tenancy and Building Security.
6.1. Respecting Tenancies.
The following rules shall apply to the use and occupation of units which are not occupied by a unit owner:
6.1.1. Each residential unit shall be for private residential occupation and use only and for no other purpose, and for greater certainty, but without limiting the generality of the foregoing, no commercial, transient, or suite hotel use shall be permitted in or with respect to any residential unit.
6.1.2. In order to ensure and to facilitate practical and full compliance with the Act, prior to entering into a lease of his unit, an owner shall provide to the Board a Tenant Information Form which includes the tenant’s name, the members of the tenant’s family intending to reside in the unit, their respective names and ages and such other information as the Board may from time to time reasonably require.
6.1.3. Prior to the commencement date of the tenancy, the owner shall provide access to the unit to the Corporation (or Property Management) for the express purpose of inspecting the unit, including air-conditioning/heating units and plumbing fixtures to ensure that the unit has been maintained in good state of repair in accordance with the Declaration and Section 41 of the Act, and the owner shall forthwith comply with any notice from the Corporation requiring the owner to effect repairs to the unit portion to the commencement date of the tenancy.
6.1.4. Prior to the commencement date of the tenancy, the owner shall deliver to the Corporation a Tenant’s Undertaking and Acknowledgement duly signed by the tenant to the following effect:
“I acknowledge and agree that I, the members of my household, and my guests from time to time, will, in using the unit rented by me and the common elements, comply with the Condominium Act, The Declaration, the By Laws, and all rules and regulations of the Condominium Corporation, during the term of my tenancy, and will be subject to the same duties imposed by the above as if I were an Owner, except for the payment for common expenses, unless otherwise provided by the Condominium Act.”
6.1.5. Prior to the commencement date of the tenancy, the owner shall deliver to the Corporation an executed copy of the Application/Offer to Lease and a copy of the Lease itself.
6.1.6 In the event that the owner fails to provide the foregoing documentation in compliance with the foregoing rules prior to the commencement date of the tenancy, and fails to comply with Section 83 of the Act, any person or persons intending to reside in the owner’s unit shall be deemed a trespasser by the Corporation until and unless such person or persons and the owner comply with the Act and the rules.
6.1.7. Within seven (7) days of ceasing to rent his unit (or within seven (7) days of being advised that his tenant has vacated or abandoned the unit, as the case may be), the owner shall notify the Corporation in writing that the unit is no longer rented.
6.1.8. No owner shall allow his tenant to assign or sublet the unit to another tenant.
6.1.9. Owners shall be responsible for any damage or additional maintenance to the common elements caused by their tenants and shall be assessed and charged accordingly, which charge shall be recoverable in the same manner and upon the same terms as unpaid common expenses.
6.1.10. During the period of occupancy by the tenant, the non-resident owner shall have no right of use of any part of the common elements (including roads or driveways accessing parking) or any recreational or other shared facilities used by residents of the Corporation.
6.1.11. The owner shall supply to the Board his current address and telephone number during the period of occupancy by the tenant.
6.1.12. The initial term any lease or sublease shall be for a period of not less than one (1) year.
6.2. Building Security.
Building security is the responsibility of everyone. Owners are required to assist in keeping 192 Jarvis Street a secure building by following these rules related to building security.
6.2.1. When entering the building through any entrance, do not allow anyone who is not a resident of the building to enter at the same time. All visitors must use the lobby phone to gain access from the person they are visiting. As well, do not allow anyone access to the building via the internal intercom system from your suite unless they are a known party to you. If you rent out your parking space it is the owner’s responsibility to speak to the building Superintendent to ensure that the renter is issued a fob that is programmed for garage access only.
6.2.2. The main lobby entrance door should never be propped open for any period of time. This door is strictly for people to enter and exit the building.
6.2.3. Lobby security must be upheld during a scheduled open house conducted by either the unit owner or his designated real estate agent. The owner, his agent or delegated person shall remain in the lobby at all times during the open house to allow people to enter and exit the building. Clients must be escorted from the lobby to the suite and to any common elements area that the client wishes to see. At no time should clients be allowed to tour any part of the building without a proper escort.
6.2.4. Your individual suite door shall remain locked at all times, especially when you leave the suite.
6.2.5. No one shall change any locks to a unit or the common elements or place additional locks on any door or to any unit or the common elements, without first obtaining the written approval of the Board and, if such approval is given, they must ensure that new locks are compatible with the master key system.
6.2.6. When entering the parking garage, make every effort to discourage anyone from following you into the garage (either on foot, bike or in a car). Report any suspicious entry to the building Superintendent immediately.
6.2.7. Motor vehicles left in the underground parking area should be locked, with windows closed, keys removed, and no valuable articles visible within the vehicle.
6.2.8. All incidents of unauthorized entry to the Building, any emergency concerning any elevator or situation otherwise affecting the safety and security of the building and its occupants must be reported immediately to the Superintendent.
Article 7 – Parking, Driveway, Garage and Bicycle Storage Area.
7.1.1. Parking is prohibited in the following areas:
– Fire zones
– Traffic lanes
– Delivery and garbage pick-up areas
– Driveways and access areas
7.1.2. No person shall park or use a motor vehicle in contravention of these rules, otherwise such person shall be liable to be fined or to have his vehicle towed from the property in accordance with City By-Laws and in which event neither the corporation nor its agents shall be liable whatsoever for any damage, costs or expense caused to such motor vehicle or to the owner thereof.
7.2. Car Garage.
7.2.1. Owners or occupants may park only in the space designated for their respective unit.
7.2.2. Residents shall register their vehicles with the management office. Any change in registration shall be reported as soon as possible.
7.2.3. The speed limit in the parking garage and on all condominium property will not exceed 10 km/h.
7.2.4. Drivers shall turn on headlights when entering or driving within the parking garage.
7.2.5. Owners or occupants are responsible for any vehicle occupying their designated parking space, and may initiate the removal of a trespassing vehicle occupying their designated parking space. The Corporation accepts no responsibility whatsoever for the removal of a motor vehicle from the parking garage or any other part of the common elements where a resident or owner initiated this action. Further, the Corporation further accepts no responsibility for any loss or damages incurred by reason of any action being taken in connection with the removal of a vehicle from the property as initiated by an owner or resident.
7.2.6. No motor vehicles exceeding six feet, six inches (6’6”) in height, eight feet (8’) in width and twenty feet (20’) in length shall be parked within the parking garage or upon any part of the common elements other than in areas specifically designated for such purposes by the Board.
7.2.7. No motor vehicle (unless for the providing of service on a temporary basis), other than a private passenger automobile, motorcycle, station wagon or family van, shall be parked in any parking space. No owner or occupant shall store or leave in his parking space or any other parking space any other object, including tires, bicycles, cans bottles or other containers.
7.2.8. No motor vehicle shall be driven or placed on any part of the common elements not designated for the passage or placement of motor vehicles.
7.2.9. No person shall place, leave, park or permit to be placed, left or parked within the parking garage or upon the common elements any motor vehicle which, in the opinion of the building Superintendent or as directed by the Board, may pose a security or safety risk, either caused by its length of unattended stay, its physical condition or appearance or its potential damage to property. Upon 72 hours written notice from the Superintendent, the owner of the vehicle shall be required to either remove or attend to the vehicle as required and directed by the building Superintendent, in default of which the vehicle shall be removed from the property at the expense of the owner.
7.2.10. Residents and guests are required to vacate their parking space for regularly scheduled maintenance and/or cleaning of the parking garage.
7.2.11. The Board of Directors reserves the right to immediately address any abuse to the rules concerning parking. Those failing to adhere to the rules could be subject to the towing of their cars or the cars of their guests at the expense of the owner.
7.2.12. In the event of the mechanical breakdown of a motor vehicle, the owner of such vehicle shall push the vehicle out of any right-of-way or access area and notify the building Superintendent of the breakdown and remove the motor vehicle as soon as a tow truck can be obtained.
7.2.13. No car washing shall be permitted in the underground parking garage.
7.2.14. No repairs other than minor emergency repairs may be made to any motor vehicle parked or left standing in any part of the parking garage or upon the common elements.
7.2.15. Users are responsible for the elimination of (or costs incurred to remove) oils or grease spills, or repair of asphalt pavement in their parking spaces & users shall maintain their parking spaces in a clean and tidy condition.
7.3. Visitor Parking.
7.3.1. Visitors are permitted to park ONLY in areas indicated by signs designated “Visitor Parking” and residents are not permitted to use visitor parking spaces. All visitors must display the visitor’s parking permit on the left hand side of the front dashboard. The use of visitor parking spaces is limited to guests visiting residential units only and is on a first come, first served basis. Visitor’s parking may not be used by guests of residential units for “daytime parking”, where the guest leaves their vehicle in visitor’s parking during the day, leaves the building, and returns later to retrieve their vehicle.
7.3.2. Due to the limited visitor parking spaces available, no vehicle may occupy visitor parking for more than three consecutive days unless extended occupancy arrangements are made.
7.3.3. Extended occupancy of visitor parking spaces may be provided through a special arrangement with the Superintendent, who will provide an extended parking permit. Extended parking permits will be limited to a maximum of fourteen days.
7.3.4. All parking permits must be provided by the corporation and be visibly displayed on the left hand side of the front dashboard.
7.4. Bicycle Lockup and Storage.
7.4.1. The Bicycle lockup is for residents and tenants only (normally one bicycle per person). Residents and tenants are required to provide identification information of a bicycle if they are storing it in the bicycle lockup. A tag should also be applied to their bicycle identifying their name and condo unit number.
7.4.2. Residents and tenants are required to vacate the bicycle lockup for regularly scheduled maintenance and/or cleaning of the parking garage, normally during the regular garage wash. At this time bicycles that are not tagged will be removed and disposed of at the discretion of the Board. If bicycles are found to be owned by non-residents they will be removed immediately.
7.4.3. Residents are responsible for locking a bike with a personal lock within the bike enclosure. The Building is not responsible for any bikes stolen from the bike enclosure.
Article 8 – Recreational Facilities.
The recreational facilities of the building include the exercise room, party room, roof top patio, change rooms, saunas and garden patio area. These facilities are for the sole use and enjoyment of the residents of the condominium and their guests only. Unit owners who do not reside in the building shall be deemed a non-resident and are not entitled to use any recreational facility within the building.
8.1. Exercise Room.
8.1.1. All weight equipment shall be used properly. Users must not intentionally bang the weights.
8.1.2. Proper soft soled shoes, shorts or sweatpants, and shirts shall be worn at all times; bathing suits are not considered proper attire.
8.1.3. As a safety precaution, all persons under 14 years of age are not allowed to use the equipment and must be strictly supervised by an adult resident 18 years of age or older while in the exercise room.
8.1.4. All equipment is to be used at own risk and in accordance with proper techniques.
8.1.5. All weights shall be properly stored in the appropriate area once you have completed use.
8.1.6. Lights shall be turned off upon completion of using the exercise room.
8.1.7. All persons using the exercise room shall follow all appropriate safety precautions and procedures. The Board may post safety rules in the exercise room, from time to time. Any equipment that appears unsafe or is not performing properly should be reported to the Superintendent immediately.
8.1.8. Personal belongings, including, without limitation, gym bags, extra shoes/clothes, and coats, shall not be permitted on the exercise room floor.
8.1.9. Personal trainers and/or fitness experts may not enter the exercise room unless accompanied by a resident. At no time shall any personal trainer and/or fitness expert be permitted to use any equipment in the exercise room unless it is for the sole purpose of demonstrating an exercise for a training lesson with their respective client. Personal trainers and/or fitness experts are strictly prohibited from providing their professional services to non-residents in the exercise room.
8.2.1. Water shall not be poured on the sauna heating unit. The sauna is designed for dry heat. Water lowers the temperature and damages the heating unit and creates a risk of fire. Buckets, containers, glass and newspapers are not allowed in the sauna.
8.2.2. No one shall tamper with the sauna controls with the exception of the control that turns the sauna on and off.
8.2.3. The sauna door shall not be left open.
8.3. Outdoor Patio Area.
8.3.1. The party room and/or adjoining patio may be booked with the building Superintendent.
8.3.2. All patio and lounge chairs taken outside shall be returned indoors after use.
8.3.3. For the enjoyment of everyone, owners/tenants are required to clean up all garbage and litter after using the patio area.
Article 9 – Pets.
9.1. Residents of the building are permitted to keep only the following pets within their unit, in accordance with the conditions specified, and provided all provisions of this rule are fully complied with.
– As many as two domestic dogs, each dog having an individual adult weight of no more than 30 kgs.;
– As many as two domestic cats;
– A reasonable number of aquarium fish and small aquarium confined amphibians within a tank that does not exceed 50 gallons in size;
– As many as two of the following: gerbils, guinea pigs, hampsters, rabbits or other types of small mammals that are commonly kept as pets.
9.2. Reptiles, insects, spiders and exotic animals are strictly prohibited. Animals raised or bred for commercial purposes or as livestock are strictly prohibited.
9.3. All residents shall register their pet with the property manager. The registration shall include a photograph of the pet as well as other details including its age, name, and a detailed description of other distinguishing features.
9.4. No pet that is deemed by the Board, acting reasonably and in good faith, to be a hazard or a nuisance to residents, visitors or the property, shall be kept or permitted within or on the property (including both the common elements and/or any unit).
9.5. No pet that is deemed by the Board or manager, in its absolute discretion, to be a danger, a nuisance and/or disruption to the peaceful enjoyment of others shall be kept by any owner in any unit or in any other part of the property. Such owner shall, within two weeks of receipt of a written notice from the Board or the manager requesting the removal of such pet, permanently remove such pet from the property.
9.6. No pets shall be allowed upon the common elements unless held in control by leash or carried by the owner. While on the property, all pets must be kept under personal supervision and control at all times.
9.7. No resident shall permit a pet to urinate or defecate on any part of the property including interior and exterior areas. Owners shall clean their pet if soiled before entering the building using the pet cleaning station in the moving room to prevent the pet from soiling common area finishes. Should a pet owner fail to clean up after his pet as aforesaid, the pet may be deemed to be a nuisance, and the owner of said pet shall, within two (2) weeks of receipt of written notice from the Board or the manager requesting removal of such pet, permanently remove such pet from the property.
9.8. No resident shall allow a pet or pets to be left unattended on any balcony. No resident shall permit a pet or pets to urinate or defecate on any balcony.
9.9. In the event of an accident of a pet urinating or defecating or creating any other type of mess (such as dirty floor covering in the common areas because of a dog’s muddy paws) contrary to the above rules, the pet owner shall immediately clean up any mess left by the pet, and shall notify the building Superintendent at the earliest possible time during business hours of the nature and location of the accident and the action taken. The cost of any cleanup which the condominium corporation determines is reasonably necessary by building staff or contractor shall be charged back to the owner of the unit in which the pet responsible for the mess is kept.
9.10. In addition to the cleanup costs referred to above, the owner of the unit within which a pet is kept shall be responsible for damage and other costs incurred by the corporation resulting from the pet, including without limitation, all costs incurred by the corporation of enforcement of this rule including legal costs, costs of mediation, arbitration and/or court proceedings, unless specifically otherwise agreed or ordered.
9.11. Any default in payment by the owner of the charges set out in paragraphs 8.7 and 8.8 above may be collected in the same manner as common expense arrears, including by lien registration and enforcement procedures.
9.12. All pet litter is to be disposed of by the owner delivering it to the designated area in the moving room or other area determined by the Board from time to time. Under no circumstances shall pet litter be disposed of through the building’s plumbing system or garbage chute. Under no circumstances are litter boxes to be kept on the balconies.
9.13. Noise caused by a pet(s), or the behaviour of a pet(s) within or upon the property which causes a nuisance or annoyance to other residents shall be deemed to constitute sufficient grounds for the corporation to require permanent removal of the pet from the property in accordance with these rules.
9.14. All residents shall comply with the laws of the Province of Ontario and any applicable municipal by-laws, regulations or ordinances with regard to their pets.
Article 10 – Enforcement.
10.1. These regulations extend to all present and future owners, tenants and residents of units, their families, guests, invitees or licensees, as provided by the Act and Article X Clause (3) of the Declaration, all of whom shall be subject to and shall comply with the provisions of the Act, the Declaration, the By-laws, and any other Rules and Regulations of the Corporation.
10.2. In addition to all other means of enforcement available to the Corporation, attention is directed to “section 134” of the Act which provides that a duty imposed by the Act, the Declaration, by By-laws or the Rules may be enforced by an order of the Court directing the performance of the duty.
10.3. Each owner shall indemnify and save the Corporation harmless from and against any loss, cost, damages and legal costs on a substantial indemnity basis (formerly known as solicitor and client costs), which the Corporation may suffer or incur resulting from, or caused by, any act or omission, or breach of these rules by the owner. All payments to be made by any owner pursuant to this rule shall be deemed to be common expenses payable by such owner and shall be recoverable in the same manner and upon the same terms as unpaid common expenses, as well as any additional actual costs to the Corporation pursuant to Section 134(5) of the Act.
10.4. The foregoing Rules shall become enforceable within thirty (30) days of the date hereof unless the Board is in receipt of a requisition in writing made in accordance with the Act requiring a meeting of the owners to consider the Rules.