- ENFORCEMENT: The Board, acting reasonably will enforce the provisions of the Act, the declaration, by-laws and rules of the Corporation.
- INDEMNIFICATION: Residents shall indemnify, save harmless and release the Corporation, the Corporation’s Representatives and other Residents of and from any “Claim”, including, without restriction, any loss, liability, penalty, fine, suit, action, cause of action, proceedings, injury, incident, illness, death, demand, damage, damages, expenses, legal costs on a full indemnity basis, and any such or any other claim of any nature or kind arising from or pertaining to breach by the Resident or those for whom the Resident is responsible of any provision contained in the Corporation’s declaration, by-laws or rules, the Act or any other law, regulation, by-law, ordinance, or any other legal or regulatory obligation. The amount of any such Claim shall be borne and/or paid for in full by the owner and/or tenant thereof jointly and severally and may be recovered by the Corporation from either or both of them. By forewarning Residents of these remedies, it is hoped that a congenial life style can be assured in our home environment and that Residents can avoid incurring enforcement expenses.
- ARBITRATION: In the event a Resident fails or refuses to comply with any provision contained in the Act or contained in the Corporation’s declaration, by-laws or rules within the time referred to in a compliance demand letter forwarded by the Corporation or its solicitor to such Resident, the Corporation shall be entitled to enforce compliance with any such provision by the Owner and/or tenant of the unit in breach of any such provision pursuant to s. 134 of the Act (Court Ordered Compliance), s. 132 of the Act (Mediation/Arbitration), s. 135 of the Act (Oppression Remedy) or pursuant to any other legal remedy available to the Corporation, subject to compliance with any mediation and arbitration provisions set out in a by-law of the Corporation or as agreed by the parties. In the event of non-compliance with a provision contained in the Act or in the Corporation’s declaration, by-laws or rules, the Owner and/or tenant shall jointly and severally, fully reimburse the Corporation for all losses, damages, expenses, legal costs on a full indemnity basis and any other Claim incurred by the Corporation, subject to registration of a lien against the Owner(s) unit when permitted by the Act, the Court or the Arbitrator in the event the Owner and/or tenant fail to reimburse the Corporation for any such amounts within 30 days after written demand for payment.
- SUSPENSION OF RIGHTS:
a) In the event it is alleged that a person enjoying the Corporation’s common elements, assets and Recreational Facilities (including any Shared Facilities):
i) breaches the Act, declaration, by-laws or Rules of the Corporation;
ii) submits inaccurate or fraudulent information to the Corporation in any application, information form or at the time of entry to the Recreational Facilities;
iii) causes potential or actual harm, injury or damage to any person or property, or creates a health or safety risk or a significant nuisance;
iv) engages in any conduct that constitutes criminal activity; or
v) causes an undue nuisance, disturbance or interference with the rights of others;
the Board may, in its sole discretion, after a fair hearing, consideration of any applicable evidence or presentation by any party and after due deliberation, find an Resident or one or more guests thereof to be in breach or default of any of the foregoing restrictions, whereupon the Board may suspend for a specific period of time or restrict such person’s rights of access to or use of the Recreational Facilities or any other non-essential common elements, assets or non-essential facilities of the Corporation as may be specified by the board, as the Board deems appropriate in the circumstances. If the person is not a resident occupying a unit of the Corporation, that person may be suspended indefinitely. In the first instance and until determination of the outcome of the Board’s deliberations, the property manager has the authority to temporarily suspend such person’s rights of access to and use of the Recreational Facilities if such remedy is determined by the property manager to be appropriate in the circumstances due to the severity or repetition of the person’s breaches or defaults, subject to the Board’s authority to amend, vary, or reverse the property manager’s decision. Any person accused of breach or default of any of the foregoing restrictions has the right to appeal to the Board, present the person’s evidence and argument and to receive a fair hearing before the Board, pursuant to the person’s written request for a hearing, which shall take place within 45 days thereafter and shall be conducted in accordance with the principles of natural justice prior to the board making its decision.
b) Further provisions and restrictions applicable to the use and enjoyment of the common elements, assets, Recreational Facilities and Shared Facilities of the Corporation may be contained in the Corporation’s existing Rules or any Rules proposed hereafter from time to time, as determined by the board.