ALTERATIONS

ALTERATIONS

Owners wishing to make any alteration or change to an installation upon the common elements, a structural alteration to the unit and/or any change to the unit or to the common elements that may affect building services shall follow the procedures set forth in the Declaration and in By-law No. 2 of the Corporation and as follows:

1. The owner shall provide to the Corporation, in advance and at the owner’s expense, upon request of the Board and prior to the work being undertaken, a certificate from a professional engineer and/or architect who certifies that all work to be carried out by the owner will be done in accordance with the plans and specifications filed with the Corporation, that the work to be carried out does not derogate in any way from the structural integrity of the building, and that the work to be carried out will not have an adverse effect upon the structure of the building, common building services, any other units or the common elements. In addition, the Owner shall provide proof of liability insurance covering the works to be completed.

2. All work will be completed by the owner using competent workers as expeditiously as possible, in a good and workmanlike manner and to the satisfaction of the Corporation according to the plans approved. Work will commence as soon as possible following the issuance of final consent of the Board and the alterations shall be completed as soon as possible thereafter.

3. Prior to the commencement of the work, the Board may, in its discretion, require the owner to furnish a security deposit in the form of a certified cheque or money order for an amount to be reasonably determined by the Board. The said deposit shall be applied to any and all reasonable legal, engineering and administrative costs including the cost of inspecting the work, and any other reasonable cost incurred by the Corporation with respect to the owner’s alterations (which may include a proportionate share of the Corporation’s total expenses in that regard for work which is done for the Corporation rather than merely relating to the owner’s unit) and regardless of whether the other unit owners approve the proposed alterations. Should the deposit be inadequate to fully cover these costs, the owner shall reimburse the Corporation for all expenses incurred pursuant to this rule, failing which these costs may be added to common expenses attributable to the owner’s unit, and may be collected as such.

4. Each unit owner who applies to the Board for approval to carry out alterations (aforesaid) and receives the Board’s consent to proceed, does so at his/her own expense on the express condition and understanding that, upon being subsequently notified by the Corporation that maintenance and/or repairs must be effected which require the removal of the owner’s alterations, the owner shall remove the alterations and shall be solely responsible for the full costs of replacing the alterations thereafter to the original design. Any design change will be considered a new alteration requiring the approval of the Board and the entering into of a new agreement between the Corporation and the owner. If the owner fails to remove the alteration after notification of the requirement to do so, the Corporation may remove the alterations, and the cost thereof shall be deemed to be a common expense attributable to the unit, and may be collected as such.

5. All work (under this section) will be carried out, with prior approval of Property Management, in a manner so as to prevent disturbance to other residents in the building, between the hours of 9:00 a.m. and 5:00 p.m. weekdays, excluding statutory holidays.

6. The Board, or its authorized agents, shall be permitted to inspect the work and/or alterations at reasonable intervals during working hours to ensure the work is in accordance with the approved plans. The Board, or its agents, shall also be permitted to inspect the alterations at the time of completion thereof for the same purpose or for any other purpose. The owner shall provide access to the alterations to enable such inspection to be made and further, the Corporation shall be entitled to enter the unit at any reasonable time and during any emergency, to inspect such alterations, and, if required to carry out any remedial work to protect the property, and such entry, inspection and/or remedial shall be deemed the performance of the objects and duties of the Corporation pursuant to the section 6 of the Act.

7. The Board, or its authorized agents, may give such orders or directions to the workers or contractor as in their opinion may be necessary or desirable, acting reasonably, to protect any common element, avoid unreasonable disruption in the use and enjoyment of any common element (including common building services) by persons entitled to such use and enjoyment, or to remedy any lack of cleanliness or to abate any nuisance or disturbance to any owner or occupant of any other unit. In the event of a breach of any term, covenant or condition herein to be observed by an owner and his or her agents, the Board or its agents, shall have the right, at any time, to order the work to cease, and in such event, the owner shall have no recourse against the Board, its agents or the Corporation for any damage directly or indirectly suffered by the owner by the reason of the giving of any such order or direction.