47. CONTRIBUTIONS FOR COMMON EXPENSES AND BUDGETS
a) The common expenses of the Corporation shall be paid by the unit owners in proportion to the unit factors for their respective units or as otherwise set forth herein and, without limiting the generality hereof, shall include the following:
i) All levies or charges on account of garbage removal, electricity, water, sewer, gas and fuel services, heating, ventilating and air-conditioning systems and television antenna or cable services (if any) supplied to the Corporation for the project and for the benefit of all owners and not charged directly to anyone owner either by meter or otherwise;
ii) Management fees and Insurance Trustee fees, if any, wages, salaries, taxes and other expenses payable to or on account of employees or independent contractors of the Corporation;
iii) All the charges on account of cleaning or sweeping of parking areas, lawn maintenance and landscaping and for clearing snow and debris from common property not designated as a privacy area;
iv) All charges on account of lighting fixtures situated on any unit owned by the Corporation or on common property except the balcony, deck or patio light fixture (including bulbs) on every unit;
v) All charges on account of maintenance for any unit owned by the Corporation, or those portions of a unit or common property for which the Corporation is responsible under these Bylaws;
vi) All costs of furnishings, tools and equipment for use in and about the project facilities or amenities including the repair, maintenance or replacement thereof;
vii) All insurance costs in respect of the insurance for which the Corporation is responsible under these Bylaws and/or the Act;
viii) All costs of and charges for all manner of consultation, professional and servicing assistance required by the Corporation including without limiting the generality of the foregoing all legal, accounting, auditing and engineering (INCLUDING Capital Replacement Reserve Fund studies) fees and disbursements;
ix) All reserves for repairs and replacement of common property and portions of units or buildings the repair or replacement of which is the responsibility of the Corporation;
x) Maintenance of the exterior walls and other structural costs of the building;
xi) The cost of maintaining fidelity bonds as provided in these Bylaws;
xii) The cost of borrowing money for the purpose of carrying out the duties and objects of the Corporation;
xiii) The allocable or pro rata portion of the cost of any electricity taken from any exterior plug which is billed directly to an owner by the provider of such electricity and which is used by the Corporation for purposes of operating or maintaining common property.
b) At least fifteen (15) days prior to the end of each fiscal year the Corporation shall deliver or mail to each owner at the municipal address of his unit:
i) a copy of the budget for the ensuing fiscal year; and
ii) a notice of the assessment for its contribution towards the common expenses for said ensuing fiscal year. Said assessment shall be made to the owners in proportion to their unit factors except, that any expenses that, in the sole discretion of the Board, should be charged on a per unit basis to be fair and equitable, may be so charged or any expenses that, relate directly and solely to the maintenance or operation of the Residential Units, shall be paid by the Residential Unit Owners, as the Board may determine, acting reasonably, in its sole discretion, and any expenses that, relate directly to the maintenance or operation of the Parking Units, shall be paid by the Parking Unit Owners, as the Board may determine, acting reasonably, in its sole discretion and any expenses that, relate directly to the maintenance or operation of anyone or more units and not all the units, may be charged and shall be paid solely by the recipient units of such maintenance or operation, as the Board may determine, acting reasonably, in its sole discretion.
c) The budget shall set out by categories an estimate of the common expenses of the Corporation for the next fiscal year. The budget shall include a reasonable provision for contingencies and replacements ("Capital Replacement Reserve Fund").
d) The Capital Replacement Reserve Fund may be used for the repair or replacement of any real and personal property owned by the Corporation and the common property but is not intended to be used to cover annually recurring maintenance and repair costs which are to be set out and provided for in the annual budget. At least annually, the Board shall pass a resolution and transfer the required funds from its operating account into the Capital Replacement Reserve Fund account.
e) The common expenses set forth in each contribution shall be payable to the Corporation, or to any other person, firm or corporation to whom the Corporation shall direct payment to be made from time to time, in twelve (12) equal consecutive monthly installments payable, in advance on the first day of each month, the first installment to be made on the 1st day of the month immediately following receipt of such notice of assessment, or such other time as may be prescribed by the Corporation.
f) All payments of whatsoever nature required to be made by each owner and not paid on the due date, for payment may, at the option of the Corporation, be subject to a penalty of $1.00 per day until paid and shall bear interest at the Interest Rate from the date when due until paid. All payments on account shall first be applied to interest and then to the contribution payment first due.
g) The Corporation shall, on the application of an owner, purchaser or mortgagee, or the solicitor of any owner, purchaser or mortgagee or any person authorized in writing by any of these persons, certify within ten (10) days:
i) the amount of any contribution determined as the contribution of the owner;
ii) the manner in which the contribution is payable; the extent to which the contribution has been paid by the owner; and the interest owing, if any, on any unpaid balance of a contribution; and, in favour of any person dealing with that owner the certificate is conclusive proof of the matters certified therein.
h) Upon the written request of an owner, purchaser or mortgagee of a unit the Corporation shall, within ten (10) days of receiving that request, provide to the person making the request one or more of the following as requested by that person:
i) a statement setting forth the amount of the monthly contributions and the basis on which that amount was determined;
ii) the particulars of:
(A) any action commenced against the Corporation and served upon the Corporation;
(B) any unsatisfied judgment or order for which the Corporation is liable; and
(C) any written demand made upon the Corporation for an amount in excess of Five Thousand($5,OOO.OO) Dollars that, if not met, may result in an action being brought against the Corporation;
iii) the particulars of or a copy of any subsisting management agreement;
iv) the particulars of a copy of any subsisting recreational agreement;
v) a copy of the current budget of the Corporation;
vi) a copy of the most recent financial statements, if any, of the Corporation;
vii) a copy of the Bylaws of the Corporation;
viii) a copy of any minutes of proceedings of a general meeting of the Corporation or of the Board;
ix) the particulars of or a copy of any subsisting lease or exclusive use agreement with respect to the possession of any portion of the common property, including a parking stall or storage unit;
x) a statement setting forth the amount of the Capital Replacement Reserve Fund;
xi) a statement setting forth the unit factors and the criteria used to determine unit factor allocation;
xii) a statement setting forth any structural deficiencies that the Corporation has knowledge of at the time of request in any of the buildings that are included in the condominium plan;
xiii) the particulars of any post-tensioned cables that are located anywhere on or within the property that is included in the condominium plan;
xiv) in the case of a mortgagee, the records pertaining to the management or administration of the Corporation as prescribed in Section 45 of the Act.
i) The omission by the Board to fix the contributions hereunder for the next ensuing fiscal year or other period provided for herein, shall not be deemed a waiver or modification in any respect of the provisions of these Bylaws or release of the owner or owners from their obligation to pay the contributions or special assessments, or any installments thereof for any year or period, but the contributions fixed from time to time shall continue until new contributions are fixed. No owner can exempt himself from liability for his contributions toward the common expenses by waiver of the use or enjoyment of any of the common property or by vacating or abandoning his unit.
j) The Board or the Manager supplying any documents required to be provided in these Bylaws or under Section 44 of the Act, shall be entitled to charge a reasonable fee for the production thereof.
Item 47 - excerpt from Marquis Bylaws - for a full copy of the Marquis Bylaws go to