Declaration

The text below was OCR scanned from the original then modified according to amendments (2011, Sections 7 and 15).  See the original here, and amendments here and here. Note that the original has appendices not included below.  Also note that under #38, the current Property Manager is Babcock&Robinson, not Guardian.

Maps for Appendix F are here. 

CONTENTS OF DECLARATION 

1. Statement of Intention 

2. Statement of Intention 

3. Definitions 

4. Monuments for Description 

5. Definition of Common Elements 

6. Definition of Common Expenses 

7. Occupation and Use of Common Elements 

8. Use of Visitor's Parking Spaces 

9. Modification of Common Elements and Assets 

10. Occupation and Use of Units 

11. Use of Parking Spaces with Exclusive Common Elements

12. Enforcement 

13. Indemnification by Owners 

14. Exclusive Use Portions of Common Elements 

15. Use 

16. Restrictions upon Unit Sales or Leases 

17. Short-Term Rentals and Number of Occupants 

18. Approval of the Board concerning Re-Sales and Tenancies 

19. Partition 

20. Compliance with Condominium Documents 

21. Pets

22. Changes in Unit and Common Elements 

23. Obligation to Maintain (the Corporation) 

24. Obligation to Maintain (the Owner) 

25. Work upon or within the Common Elements 

26. Fire Insurance Obligation

27. Insurance Maintained by the Corporation 

28. Liability Insurance 

29. Insurance Trustee 

30. Mortgagee's Rights 

31. General Matters - Right of Entry 

32. Severability of Provisions 

33. Reserve Fund 

34. Enforcement 

35. Headings 

36. Statutory References 

37. Gender 

38. Address for Service 

CONTENTS OF SCHEDULES TO DECLARATION 

SCHEDULE A Description of the Land and Interests Appurtenant to the Land 

SCHEDULE C Boundaries of Each Unit 

SCHEDULE D Statement of the Proportions of the Common Interest Appurtenant to the Units and a Statement of the Proportion in which Unit Owners are to Contribute to the Common Expenses 

SCHEDULE E Nature of Common Expenses 

SCHEDULE F Exclusive Use Portions of Common Elements 

DECLARATION MADE PURSUANT TO THE CONDOMINIUM ACT 

THIS DECLARATION (HEREINAFTER CALLED THIS OR THE "DECLARATION”) IS MADE AND EXECUTED PURSUANT TO THE PROVISIONS OF THE CONDOMINIUM ACT, 1998, AS AMENDED FROM TIME TO TIME, AND THE REGULATIONS MADE THEREUNDER (THE "ACT"), BY: 

PETERBOROUGH CONDOMINIUM CORPORATION NO. 50  AND 

PETERBOROUGH CONDOMINIUM CORPORATION NO. 52  AND 

PETERBOROUGH CONDOMINIUM CORPORATION NO. 53  AND 

PETERBOROUGH CONDOMINIUM CORPORATION NO. 56 

(HEREINAFTER CALLED THE “CORPORATIONS”) 

1. The Corporations intend that the land described in Schedule "A" and in the Description and interests appurtenant to the said lands on which four (4) condominium buildings, including forty-nine (49) dwelling units, have been built, be governed by the Act, and the terms used herein shall have the same meaning as in the Act unless otherwise specified. 

2. The Corporations intend that the land described in Schedule "A" and in the Description and interests appurtenant to the said lands shall be a freehold standard condominium corporation governed by the Act. 

3. The terms used in this declaration shall have the same meanings as in the Act unless this declaration specifies otherwise, or unless the context otherwise requires, and in particular: 

(a) the "common elements" shall mean all the property (as hereinafter defined) except the units; 

(b) the "common interest" shall mean the interest in the common elements appurtenant to a unit; 

(c) the "Corporation", "this Corporation", the "Condominium" and/or "this Condominium" shall mean the condominium corporation created by the registration of this declaration and the description pursuant to the Act;

(d) the "dwelling units" shall mean units 1 to 49 inclusive on Level 1, to be used solely for the purposes set out in this declaration;

(e) an "owner" shall mean the owner or owners of the freehold interest in a unit and its appurtenant common interests who is shown as the owner in the records of the Land Registry Office where the description is registered, a mortgagee in possession, and any member of the owner's family, his or her tenants, everyone residing in or visiting or attending at the owner's unit; 

(f) the "property" shall mean the lands, and the interests appurtenant to the lands described in the description (and set out in Schedule "A" attached hereto), and shall include any lands and interests appurtenant to the lands that are added to the common elements; 

(g) the "rules" shall mean the rules passed by the board of directors of this Condominium (the "board"), pursuant to the Act;

(h) a "unit" shall mean a part of the lands included in the description and designated as a unit by the description, and shall comprise the space enclosed by its boundaries and all the material parts of the land within such space, in accordance with this declaration and the description. 

4. The monuments controlling the extent of the units are the physical surfaces mentioned in the boundaries of each unit set forth in Schedule "C". 

5. Each unit owner shall have an undivided interest in the common elements as a tenant in common with all other owners and shall contribute to the common expenses in the proportions set out in Schedule "D". The total of the proportions of the common interests shall be one hundred per cent (100%). The assessment and collection of the contributions toward the common expenses may be regulated by the Board in accordance with the by-laws of the Corporation. 

6. The common expenses shall be the expenses of the performance of the objects and duties of the Corporation and such other expenses as listed in Schedule "E". Any losses, costs (including legal fees on a substantial indemnification basis and disbursements) or damages incurred by the Corporation by reason of a breach of the Act, Declaration, by-laws and any rules or regulations of the Corporation in force from time to time, by any unit owner, or anyone for whom the owner is responsible, shall also be common expenses and shall be borne and paid for by the owner, and may be recovered by the Corporation against the owner on the same terms and in the same manner as unpaid common expenses. 

7. (a) Each owner may make reasonable use of, and has the right to occupy and enjoy, the whole or any part of the common elements, including those exclusive use common elements allocated to his or her unit in Schedule "F" of this declaration, subject, however, to any conditions or restrictions set out in the Act, this declaration, the Corporation's by-laws (hereinafter collectively called the "by-laws") and the rules. No condition shall be permitted to exist, and no activity shall be carried on, in any unit, or on the common elements, that is likely to damage the property of the Corporation (or that of any other person), or injure any person, or impair the structural integrity of any portion of the common elements and/or any unit, or that will unreasonably interfere with the use or enjoyment by other unit owners of the common elements and/or the other units, or that may result in the cancellation, or threatened cancellation, of any policy of insurance obtained or maintained by the Corporation, or that may increase any applicable insurance premium(s) with respect thereto, and if this section of this declaration is contravened, then the owner of the unit is responsible for the contravention and shall pay the Corporation for all costs and expenses incurred to redress, rectify and/or obtain relief from the injury or damage (including without limitation, any increased insurance premium costs, and any legal expenses, on a substantial indemnification basis, incurred by the Corporation to collect any of these costs), and shall indemnify the Corporation for all other costs which are common expenses in accordance with this declaration. 

(b) No owner shall make any change, alteration or installation upon the common elements, or maintain, decorate, alter or repair any of the common elements, except for maintaining those parts of the common elements which he or she has a duty to maintain, without obtaining the prior written consent of the Corporation in accordance with the Act. 

(c) Removable seasonal furniture only shall be allowed on exclusive use areas

(d)  (i) Barbecues shall be permitted to be kept and used on the exclusive use common elements associated with each Unit provided the use and storage of such barbecue is in compliance with all Federal, Provincial and Municipal laws, regulations, rules, bylaws and codes governing the use and storage of barbecues and similar apparatus. Gas cylinders may not be stored in an owners Unit or garage. 

     (ii) Notwithstanding that the storage of barbecues may be permitted pursuant to the provisions of this Declaration, should the appearance of a resident's barbecue derogate from the esthetics of the property then the Board, in its sole and absolute discretion, can require that the barbecue be removed from the property. Such resident shall within two (2) weeks of receipt of a written notice from the Board requesting the removal of such barbecue, permanently remove same from the property.

(e) No awnings or shades shall be erected over and outside of the windows of any unit or any exclusive use common element areas without the prior written consent of the Corporation and no decorating or painting shall be done of any outside area, exterior surface or exterior door without the prior written consent of the Corporation. 

(f) No one shall bring onto, place, affix, erect or install on or within any exclusive use area any object, material, or thing that exceeds the permissible load(s) set forth or contemplated on the structural plans or specifications of the Condominium. 

(g) No one shall, by any conduct or activity conducted in or on any part of the common elements, impede, hinder or obstruct any right, privilege, easement or benefit given to any party, person or other entity by virtue of this declaration, any by-law(s) of the Corporation and/or any agreement authorized by the by-law(s) of the Corporation. 

8. (a) Each visitor's parking space in this Condominium shall be used only by the visitors and guests of the owners, residents and tenants of the dwelling units of this Condominium, for the purpose of parking only one motor vehicle per space. None of the visitor parking spaces may be assigned, licensed, leased, sold or mortgaged to any unit owner, or otherwise dealt with, other than by the board in accordance with the provisions of the Act and this declaration. 

(b) Each visitor's parking space shall be used and occupied only for motor vehicle parking purposes, in strict accordance with the rules of the Corporation in force from time to time, and for the purposes of this declaration, the term "motor vehicle" shall be defined restrictively to include only a private passenger automobile, motorcycle, station wagon, mini-van or truck not exceeding 6 feet in height, and shall exclude any type of commercial vehicle, truck, trailer or recreational vehicle, as well as any van, motorhome, boat and/or snowmobile (and such other vehicles as the board may wish to exclude from the property from time to time). 

9. (a) No owner may apply any paint, stucco, wallpaper, varnish, stain or other covering to any portion of the exterior window glazing, nor alter or change the colour, texture and/or materials constituting the windows, 

(b) No owner shall make any change or alteration to or installation on the common elements, or alter, decorate, renovate, maintain or repair any part of the common elements, except for maintaining those parts of the common elements which he or she has a duty to maintain in accordance with the provisions of this declaration, without obtaining the prior written consent of the Corporation in accordance with the Act. 

(c) Subject to the provisions of the Act, the board shall decide whether any addition, alteration, or improvement to or renovation of the common elements, or any change to the assets of the Corporation, is substantial.. 

(d) For the purposes of this declaration, and for the purposes of managing and regulating the affairs of this Condominium and its compliance with the provisions of the Act, any change or alteration effected pursuant to an obligation imposed upon the Corporation by any provision of any municipal by-law, or by any provision of any agreement entered into by the Corporation in accordance with the Act, shall not be considered an addition, alteration, improvement to or renovation of the common elements of the Corporation. 

(e) A copy of the complete set of “as-built" architectural and structural plans and specifications for the building(s) situate on the Real Property, including copies of all plans and specifications for any additions, alterations or improvements made from time to time to the common elements or to any unit which required the prior written consent of the board, shall be maintained in the office of the manager of the Corporation at all times, or at such other place as the board shall from time to time determine by resolution, for the use of the Corporation in rebuilding or repairing any damage to the building(s), and for the use of any owner or mortgagee. 

(f) The board of directors shall have the right to cause the removal of anything which contravenes these provisions, it being the intent of the board of directors to maintain high and uniformly kept standards of architectural control and design for the building and the complex of which this Condominium forms a part. 

10. (a) No unit shall be occupied or used by any owner, or by anyone else, in such a manner as is likely to damage or injure any person or property (including any other unit(s) or any portion of the common elements), nor in any manner that will unreasonably interfere with the use or enjoyment by other owners of the common elements or their respective units, nor in any manner which may affect the structural integrity of any unit and/or the common elements, or that may result in the cancellation (or threat of cancellation) of any insurance policy referred to in this declaration, or that may increase any insurance premiums with respect thereto, nor in a manner as to lead to a breach by any owner or by the Corporation of any provision of the Act, this declaration, the by-laws or the rules. If the use made by the owner of his or her unit causes injury or damage to person or property, or results in the premiums of any insurance policy obtained or maintained by the Corporation being increased, or results in the policy being cancelled, then that owner shall indemnify and save the Corporation harmless from and against all costs, damages and/or liabilities that the Corporation may suffer or incur as a result, and that owner shall also be personally liable to pay and/or fully reimburse the Corporation for any increased portion of the insurance premiums payable by the Corporation (as a result of such owner's use), and that owner shall also be liable to pay and/or fully reimburse the Corporation for all costs, expenses and liabilities suffered or incurred by the Corporation as a result of the owner's breach of the provisions of this subparagraph. These costs, including legal fees on a substantial indemnification basis, expenses and liabilities shall be deemed a common expense and may be recovered by the Corporation against the unit owner upon the same terms and in the same manner as unpaid common expenses.

(b) The owner of each unit shall comply, and shall require all residents, tenants, visitors and guests of his or her unit to comply with the Act, this declaration, the by-laws (including any easements and/or agreements authorized by the by-laws), and the rules of this Corporation 

11. Each parking space located within an exclusive common element (hereinafter referred to as exclusive parking space) shall be used and occupied only for motor vehicle parking purposes, in strict accordance with the rules of the Corporation in force from time to time, and without limiting any wider definition of the term "motor vehicle" as may be imposed by the board from time to time, the term "motor vehicle" shall be restricted to a private passenger automobile, station wagon, motorcycle, mini-van and truck not exceeding 6 feet in height, and shall exclude any type of commercial vehicle, truck, trailer or recreational vehicle, as well as any van, motor-home, boat and/or snowmobile (and such other vehicles as the board may wish to exclude from the property from time to time). Such exclusive parking spaces shall be maintained by the owner entitled to the exclusive use thereof in a clean and sightly condition free and clear of all debris, oil leaks and other fluids, and objects other than a motor vehicle which is permitted to be parked there. The Corporation may make provision in its annual budget for the cleaning and sweeping of such exclusive parking spaces, either in their totality, or in groups. 

12. The board of directors shall have the right to cause the removal of anything which contravenes these provisions, it being the intent of the board of directors to maintain high and uniformly kept standards of architectural control and design in the building. 

13. (a) 

(i) The owner of a unit is responsible for any cost incurred to repair damage to the common elements, the owner's unit, or other units that may have been caused by the act or omission of the owner or anyone for whom the owner is responsible. 

(ii) In cases where it has been determined that the responsibility for payment of the cost to repair is that of the owner, or where an owner requests to repair a common element himself or herself, the Board shall approve the selection of the contractor and/or the method of repair. This decision, at the discretion of the Board, shall be based on a minimum of two (2) bids, the method of repair, the meeting of standards of uniformity and consideration of the convenience of the owner(s) involved. 

(b) Each owner shall indemnify and save the Corporation harmless from and against any loss, cost including, but not limited to, the insurance deductible and legal costs on a substantial indemnification basis, damage, injury or liability which the Corporation may suffer or incur resulting from, or caused by, any act or omission of such owner, to the common elements or to the owner's unit and any or all units except for any loss, costs, damage, injury or liability insured against by the Corporation, subject to a loss deductible. All payments to be made by the owner pursuant to this section shall be deemed to be common expenses payable by the owner, and shall be recoverable in the same manner and upon the same terms as unpaid common expenses. 

14. The owner of each unit shall have the exclusive use of those parts of the common elements shown in Schedule "F" of this Declaration, subject, however, to each owner's use being regulated by the provisions of the Act, this Declaration and the by-laws and rules of the Corporation, and subject to the rights of entry in favour of the Corporation, and its authorized agents and representatives, exercisable in accordance with the provisions of the Act and this Declaration. 

15. Each unit shall be occupied and used only as a single-family private residence and for no other purpose.  

15.1  For the purposes of section 15 of this declaration a “family” shall be defined as a social unit consisting of: a) an individual; b) an individual and a partner of the same or opposite sex living in a conjugal relationship inside or outside of marriage; or c) an individual or individuals in a) or b) along with their children, if any and whether natural or adopted, or other relatives living within the primary group such as a parent, brother, sister, aunt, uncle, niece, nephew, cousin and grandparent such that all persons residing within the Unit form one social unit.

15.2  Any owner who wishes to have a person live with them who is not a family member as defined by Section 15.1 shall require the express written consent of the Board.

16. (a) No unit shall be leased or sold unless, prior to entering the Agreement of lease or Sale, the owner has obtained from the proposed purchaser or tenant and submitted to the Board a sworn Declaration in the Corporation's form setting out the number of persons in the proposed purchaser's or tenant's family, their respective names and ages and the intention of the proposed purchaser or tenant as to who will reside in the said residential unit including any household pet. Prior to completion of the Agreement of Purchase and Sale or the Tenancy Agreement, with the approval of the Board as hereinafter provided, the owner shall cause the purchaser or tenant to deliver to the Corporation an Agreement signed by the purchaser or tenant, to the following effect: 

"I,  .___________________

covenant and agree that I, the members of my household and my guests from time to time, will, in occupying and using the unit and the common elements, comply with the Condominium Act, this Declaration, the By- laws and Rules of the Corporation. In particular, I am aware of and will abide by the occupancy restrictions set forth in this Declaration in respect to the use and occupancy of the unit by myself and the members of my household." 

(b) Where the owner of a unit leases his or her unit, the owner shall immediately notify the Corporation that the unit is leased and shall provide the Corporation with a summary of lease (available from the Corporation) or a copy of the lease as required by the Act, the owner's new address for service of notices and/or other communication purposes and any other reasonable information required by the Corporation. 

(c) Until the Corporation is in receipt of the summary of lease, or a copy of the lease duly completed and executed, the Corporation shall not be under any obligation to permit or provide access to any such proposed tenant to the common elements

(d) Any owner leasing his or her unit shall not be relieved of any of his or her obligations with respect to the unit. The owner's obligations shall be joint and several with his or her tenant. 

17. No residential unit may be leased for transient or short-term rental purposes, which for the purposes hereof shall mean more than twice in any one (1) calendar year and, as defined, from time to time, by the Board of Directors in the Rules, and the occupancy of each residential unit shall be restricted to the following maximum number of persons at any time and from time to time and for the purpose hereof, "occupancy" shall include those persons normally resident in the unit and overnight guests: six persons in a unit 

18. In accordance with the foregoing restrictions, no residential unit shall be leased or sold without the prior written approval of the Board of Directors, not to be unreasonably withheld or delayed, provided that the Board shall have seven (7) clear days from the date of service upon the Corporation of at least two (2) letters of reference, an executed copy of the Agreement for Lease or Sale of a residential unit and a completed Declaration from the tenant or purchaser described in paragraph 17, within which the Corporation must either approve the terms of such lease or sale or serve notice upon the owner of such unit within the said seven (7) day period that the terms of such Agreement for Lease or Sale are not acceptable to the Corporation. The Board may adopt its own reasonable guidelines and procedure in the Rules from time to time provided always that such guidelines and procedures are applied consistently to all owners wishing to lease or sell their units. 

19. No portion of a unit shall be partitioned or divided for separate residential use and no unit shall be used in such a manner as to give rise to an increase in the rate or the cancellation or threat of cancellation of any policy of insurance maintained by the Corporation. 

20. The owner of each unit shall comply with and shall require all residents and visitors to his unit to comply with the Act, this Declaration, the By-laws and the Rules

21. No dog, cat, livestock, fowl, insect, reptile, rodent, animal or household pet which the Board, acting reasonably, considers to be a nuisance to other residents, or where the owner of the pet has, on more than one occasion, breached the Rules respecting the keeping of pets, shall be kept or allowed in or about any unit or within or upon the property after the expiration of notice from the Board that such animal or pet is required to be permanently removed from the property. 

22. Without the prior consent in writing of the Board, no owner shall make any structural change or alteration in or to his unit including the removal or installation of a whirlpool/hot tub, toilet, bathtub, wash basin, sink, fireplace, heating, air conditioning, plumbing or electrical installation contained in or forming part of his unit; or install drapes, blinds or similar window coverings in other than an off-white or neutral colour or alter the interior or exterior design or colour of any part of his unit where such change, alteration, decoration or painting is normally visible from the exterior thereof or make any change 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 a duty to maintain. 

23. Save as hereinafter specifically provided, the Corporation shall maintain and repair the common elements both before and after damage. In addition, the Corporation, at the sole expense of the unit owner affected shall cause to be cleaned, repaired, replaced and maintained any fireplace in any unit including the pipes, ducts or flues extending from the fireplace located within the units and the Corporation shall be reimbursed in full for the costs expended by it in the same manner as is provided for in Subsection 92(4) of the Act. 

In addition, the Corporation shall maintain and repair, save as hereinafter specifically provided, exterior glass panels, doors and window frames, dryer vents and landscaping other than the areas immediately adjacent to each unit and designated to be for the exclusive use of the unit owner. The Corporation shall be responsible for costs of maintaining the areas designated for exclusive use save for damage thereto caused by the unit owner, in which case, the unit owner shall be responsible for such damage. 

24. Each owner shall maintain his unit, subject to the provisions of this Declaration and Section 123 of the Act, each owner shall repair his unit after damage, all at his own expense. Without limiting the generality of the foregoing and for greater clarify, each owner shall:

(a) maintain the interior surface of doors which provide the means of ingress and egress from a unit and the interior surfaces of windows: 

(b) maintain and repair floor coverings, drywall, ceilings, the fan motor and vent in the kitchen, wiring cables, conduits, lines and connections which serve the unit only and which are located from and between the inside surface of the exterior walls and the backside surface of the drywall, including hot and cold water pipes located between the shut-off valve in the common elements and the unit, electrical light and plumbing fixtures, and the electrical wall panel and fuse box and the bathtub enclosure. 

Each owner shall be responsible for all damages to any and all other units and to the common elements, which are caused by the failure of the owner to maintain and repair his unit, save and except for any such damages to the common elements for which the cost of repairing same may be recovered (after taking into account any deductible portion of the claim) under any policy or policies of insurance held by the Corporation. 

25. No alteration, work, repairs, decoration, painting, maintenance, structure, fence, screen, hedge, or erection of any kind whatsoever shall be performed, done, erected or planted within or in relation to the common elements (including any part thereof over which any owner has the exclusive use) except by the Corporation or with its prior written consent. 

26. The Corporation, to the extent reasonably obtainable, shall maintain fire insurance with extended coverage, in respect of its obligation to repair and in respect of the unit owners' interests in the units and common elements, and the unit owners' obligation to repair, against damage to: 

(a) the common elements; 

(b) property owned by the Corporation; and 

(c) the units, excluding improvements and betterments made or acquired by an owner 

in an amount equal to the full replacement cost without deduction for depreciation. For the purpose of determining the full replacement cost, the Corporation shall, at least every two years or at the request of owners representing or mortgagees holding mortgages on 15% or more or the units, cause an appraisal to be made. 

Such insurance shall contain: 

(i) a waiver of the insurer's option to repair, rebuild or replace in the event that after substantial damage to 25% or more of the buildings, the owners vote for termination pursuant to Subsection 123(5) of the Act and government of the property by the Act is terminated;

(ii) a waiver of any defence by the insurer based on co-insurance or breach of a statutory condition (a stated amount co-insurance clause is sufficient compliance with the requirement for waiver of a co-insurance provision); 

(iii) a waiver of subrogation against the Corporation, its manager, agents, employees and servants, and against the unit owners, and any resident, tenant, visitor or guest of a unit, except for damage arising out of arson or fraud caused by any one of the above. 

(iv) an exclusive right to the Corporation to amend the policy and to adjust and settle claims on its behalf and on behalf of the owners (the Corporation may, however, authorize an owner to adjust the loss in regard to a claim arising out of damage to his unit); 

(v) a provision that the policy shall be primary insurance in respect of any other insurance purchased individually by owners;

(vi) a provision that losses are payable to the Insurance Trustee above a minimum amount to be specified by the Board; and 

(vii) a provision that the insurance shall not be cancelled or substantially modified without at least 60 days notice to the Corporation, the Insurance Trustee and any mortgagees noted thereon.

27. The Corporation shall obtain and maintain insurance against its liability resulting from a breach of duty as occupier of the common elements insuring the liability of the Corporation and the unit owners from time to time at limits to be determined by the Board. 

28. It is acknowledged that the foregoing insurance is the only insurance required to be obtained and maintained by the Corporation and that the following insurance, or any other insurance, if deemed necessary or desirable by any owner, may be obtained and maintained by such owner: 

(a) Insurance on any perils not insured by the Corporation, on any additions or improvements made by an owner to his or her unit, and on furnishings, fixtures, equipment, decorating and personal property and chattels stored elsewhere on the property, including his or her automobile or automobiles, and for loss of use and occupancy of his or her unit in the event of damage. Any policy or policies of insurance shall contain waivers of subrogation against the Corporation, its manager, agents, employees, and servants, and against the other unit owners and any residents, tenants, visitors or guests of other units, except for any damage arising from vehicle impact, arson or fraud caused or contributed by any of the above. 

(b) Public liability insurance covering any liability of any owner or any resident, tenant, visitor or guest to the owner's unit, to the extent not covered by any public liability and property damage insurance obtained and maintained by the Corporation. 

(c) Insurance covering additional living expenses incurred by an owner if forced to leave his or her dwelling unit by one of the hazards protected against under the owner's personal policy. 

(d) Insurance covering special assessments levied against an owner's unit by the Corporation. 

(e) Insurance covering any deductible pursuant to the Corporation's policy of insurance for which the owner is responsible. 

29. The Corporation may enter into and maintain an insurance agreement at such time or times and in such form or forms as the Board shall in its discretion decide. Such insurance trust agreement shall be with a trust company registered under The Loan and Trust Corporations Act, or a chartered bank, or in the event such institutions refuse to act, such other institution authorized to act as an insurance trustee as the Board shall determine. Such agreement shall provide that the Insurance Trustee shall hold all insurance proceeds in excess of the stated amount in the Insurance Trust Agreement in trust and disburse the proceeds in satisfaction of the Corporation's and unit owners' respective obligations to repair. In the event of termination of the Condominium, proceeds are to be disbursed to the unit owners and their respective mortgagees as their interests may appear. 

30. Every mortgagee shall be deemed to have agreed to waive any right to have proceeds of any insurance applied on account of the mortgage where such application would prevent application of insurance proceeds in satisfaction of an obligation to repair. 

31. (a) The Corporation, or any insurer of the property, and their respective agents, employees or authorized representatives, and any other person authorized by the board, shall be entitled to enter any unit or any part of the common elements over which any owner has the exclusive use, at all reasonable times and upon giving reasonable notice, for the purposes of making inspections, adjusting losses, making repairs and replacements, correcting any condition which violates the provisions of any insurance policy or policies, remedying any condition which might result in damage to the property, or which violates any public health or safety regulation, or carrying out any duty imposed upon the Corporation. 

(b) Residents must give keys to all locks to the dwelling units to the Corporation's authorized representative.

(c) In case of an emergency, any agent, employee or authorized representative of the Corporation may enter a unit at any time without notice or express permission, for the purpose of repairing the unit, the common elements or any part thereof, or for the purpose of correcting any condition which might result in damage or loss to the property or any assets of the Corporation or of any other unit owner, or which may violate any public health or safety regulation, The Corporation or any one authorized by it may determine whether an emergency exists, in its sole and unfettered discretion, acting reasonably, and the right of entry shall not impose upon the Corporation or any of its authorized agents or representatives any duty or liability to monitor or supervise the unit. 

(d) If any owner of a unit shall not be personally present to grant entry to the unit, the Corporation, or its agents, may enter the unit without rendering it, or them, liable to any claim or cause of action for damages, provided that they exercise reasonable care. 

(e) The rights and authority hereby reserved to the Corporation, any insurer and their respective agents, employees or authorized representatives, does not impose upon them any responsibility or liability whatsoever for the care or supervision of any unit except as specifically provided in this declaration or the by-laws.

(f) Each owner who does not regularly reside in a unit shall provide the Corporation with an address and a telephone number where such owner can usually be reached at such times of emergency or when repairs to a unit are required. 

32. Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability in whole or in part of any one or more of such provisions shall be deemed not to impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration and, in such event, all other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 

33. (a) The Corporation shall establish and maintain one or more reserve funds in accordance with the Act and shall collect from the owners, as part of their contribution towards the common expenses, amounts that are reasonably expected to provide sufficient funds for the major repair and/or replacement of the common elements and assets of the Corporation, all in accordance with the provisions of the Act. 

(b) No part of the reserve fund shall be used except for the purposes set out in the Act. The amount of the reserve fund shall constitute an asset of the Corporation and shall not be distributed to any owner except on termination of the Corporation. 

34. The failure to take action to enforce any provision contained in the Act, this Declaration, the By-laws, or any Rules and Regulations of the Corporation, irrespective of the number of violations or breaches which may occur, shall not constitute a waiver of the right to do so thereafter nor be deemed to abrogate or waive any such provision. 

35. The headings throughout the body of this declaration form no part of this declaration but are inserted for convenience of reference only. 

36. Any references to a section or sections of the Act in this declaration, or in any by-laws or rules hereafter enacted by the Corporation, shall be read and construed as a reference to the identical or similarly appropriate section or sections as the case may be of any successor legislation to the Act. 

37. This Declaration shall be read with all changes of number and gender required by the context. 

38. The address of the Corporation for service, which is the same as the mailing address of the Corporation, is: 

c/o Guardian Property Management 

P.O. Box 2488 

Peterborough, Ontario 

K9J 7Y8 

Attention: Wally Freeman 

or such other address as the Corporation may by resolution of the Board determine. 

IN WITNESS WHEREOF the Corporations have hereunto fixed their corporate seals under the hands of their duly authorized officers in that behalf