INTMC ST...Jun 08, 2010 · interior or exterior wall of the Unit, or further. i. A reference to a door, includes the door, the door frame and the door assembly ... and the owner

INTMC

CONDOMINIUM CORPORATION

NO. 8110902

ST

POLICIES and PROCEDURES Supporting the registered bylaws

June 8, 2010

TABLE OF CONTENTS

Introduction

Procedure

Policies • Windows and Door Replacement • Furnace Replacement • Air Conditioners • Satellite Dishes • Hot Tubs • Trees

POINT MCKAY WEST JUNE 8, 2010 POLICIES &. PROCEDURES

INTRODUCTION

The outlined procedure and policies have been developed and approved by the Board of Directors of Condominium Corporation No. 81 10902 (the Corporation). The policies provide guidance and direction to owners of Point McKay West while supporting the bylaws registered with the Registrar for the Land Titles Office for Alberta.

PROCEDURE

Procedure

The Point McKay West resident may obtain a form, called a "Request and Undertaking Form" from the Corporation's property management firm for bylaws and policies.

l. This form is to be filled out and accompanied by information relevant to the request related to a bylaw and policy, i.e. brochure of the item in discussion, procedures of item, drawings, etc.

2. The completed form and accompanying information must be returned to property manager, either via email or mail (depending on the accompanying documentation).

3. The Point McKay West Board of Directors will review the request at the next board meeting. Some items may be ratified by the Board via email. The length of time for a decision to be made will be determined by the complexity of the request.

4. The decision of the Board will be sent to the owner in writing by the Corporation's property management firm.

POINT MCKAY WEST POLICIES&. PROCEDURES

JUNES. 2010

POLICIES

• Windows and Door Replacement • Furnace Replacement • Air Conditioners • Satellite Dishes • Hot Tubs • Trees

POINT MCKAY WEST POLICIES&.. PROCEDURES

JUNE 8, 2010

POINT McKAY WEST

Subject/Title: Effective Date:

Window and Door Replacement 2006/07/02

Approving Authority: Revised:

Point McKay West Board of Directors 2010/05/05

REASON FOR POLICY:

To confirm that the repair and replacement of windows and doors is the responsibility of the unit owner(s) as per the board-approved policy. To advise on procedures for the repair and replacement of said windows and doors. This includes but may not be limited to glass upgrades, garage doors, windows, front doors, patio or balcony door and screen doors.

POLICY STATEMENT:

To repair and/or replace windows and doors in the community of Point McKay West, the unit owner(s):

Must submit a written request for approval by the Board of Directors. Any damage to common or private property, resulting from the replacement of these items, will be the responsibility of the Owner to repair.

REFERENCE: BY-LAWS SECTION 2 The Bylaws of Point McKay West contain the following clause under Part 2- Provisions Respecting Owners and Use of Units:

By-Law 2 c.. Occupation and Use of Units:

2.c.c An Owner shall repair and replace any doors or windows in the event that any of them need to be repaired or replaced, at the cost of the respective Owners. Any such repair or replacement shall be done in such a manner and to such specifications relating to quality, colors and styles as are approved by the Board, such that the appearance of the buildings can be kept consistent. In this provision, a reference to a door or a window applies whether the door or window is part of an interior or exterior wall of the Unit, or further.

i. A reference to a door, includes the door, the door frame and the door assembly components but does not include the door casing, trim or moldings. The door casing, trim and moldings must be similar style, colour and design of the original building plan; and ii. A reference to a window, includes the glazing, the window frame and the window assembly components, if any, but does not include the window casing, trim or moldings.

In consideration of the above, the Board has adopted the following policy regarding repairs and replacements of windows and doors.


JUNE 8, 2010

POLICY

1. All installations, replacements and renovations to windows, garage doors, front doors, patio or balcony doors and screen doors require WRITTEN APPROVAL of the Board PRIOR TO COMMENCEMENT of any work. The WRITTEN application MUST be accompanied by drawings and/or photographs and/or brochures which indicate the exact shape, size and colour of the window, door or other external part of a Unit that will be installed. Your vendor/supplier is to provide written information regarding the product you are purchasing.

If damage is done to the siding of the unit, paint sheets to match colour should be obtained from Point McKay West's management firm. It will be the responsibility of the owner to ensure the damage to siding is repaired.

2. Any installations, replacements and renovations to windows, garage doors, front doors, patio or balcony doors and screen doors that are completed without obtaining board approval are subject to removal at the Board's discretion if the Board considers that such item detracts from the visual continuity within the complex. Any costs to remove such items and replace them with approved items will be charged to the Unit Owner.

3. All costs associated with any installations, replacements and renovations to windows, garage doors, front doors, patio or balcony doors and screen doors, as well as any subsequent maintenance, are the responsibility of the Owner and subsequent Owners of the Unit.

4. Windows: The Board will approve the full-frame replacement of a window if the replacement window meets the minimum criteria:

Product: Exterior - PVC all White Interior Casing (Trim) - PVC all White or Wood Stainable - Owner to Choose Interior jambs - PVC White or Wood - Owner to Choose

Style: Sliders or Casement- Current owners have replaced sliders with casement in upper bedroom windows.

Glass: Dual - HS4A (Heat System 4A) - Sunstop - or equivalent Cladding/Border: Gentex (Aluminum) - colour to be provided at time of approval. Size: Exact size of existing window Quality: Energy Star Rating (blue sticker), CSA Certified

Full Frame Only - No inserts No Muntin bars

On an exception basis the Board will consider applications to replace windows which differ from the original on a case-by-case basis. The Board will approve or consider such replacement if visual continuity and structural integrity is provided within the complex.

POINT MCKAY WEST POLICIES &. PROCEDURES

JUNE 8, 2010

POINT MCKAYWE.ST I······I>bLICY

5. Garage Doors: The Board will only approve the replacement of garage doors if the replacement door meets these minimum criteria: a) be wood with insulated metal b) have four sections with two panels - four by two panel shaker relief (current design of

five sections with two panel doors are no longer available) c) have shaker style relief in each panel d) be painted the same colour as the colour of the Unit. Any weather stripping installed

shall also be painted to match the colour of the Unit. It is the owners' responsibility to ensure the weather stripping is painted to match the colour of the unit. If the owner wishes for the condo board to paint the door and weather stripping for the owner, a request can be made to Pont McKay West's management company (currently Renaissance Management) and the owner will be charged back for the painting of the door.

Note: This door is currently sourced by the condo board through Glenmore Doors, Calgary, AB.

6. Front Door: The Board will approve the replacement of front doors if the replacement door is an insulated steel or fibreglass door with the same panel as existing doors and has been professionally painted to match the existing doors. Same cladding, Gentex colour, will be required around the door as the windows. The jamb wrap of the door will be white.

7. Patio or Balcony Door: The Board will consider applications to replace patio and balcony doors which differ from the original building doors, on a case-by-case basis. The Board will only approve such replacement doors if the doors provide visual continuity and structural integrity within the complex. The cladding, Gentex colour, will be the same colour as the window and door border.

8. Exterior Screen Door: Exterior screen doors are not standard on all Units. The Board will approve the installation or replacement of screen doors if the replacement door conforms with previously approved doors and is painted the current colour of the existing building.


JUNE 8, 2010


Furnace Replacement 2009/05/04



REASON FOR POLICY:

To confirm that the repair and replacement of furnaces is the responsibility of the condominium owner(s) as per the board-approved policy.

POLICY STATEMENT:

• Within the community of Point McKay West, the responsibility to repair and/or replace furnaces lies with the respective condominium unit Owner(s).

• Work must be completed by a qualified contractor.

• Any damage resulting from the replacement of these items will be the responsibility of the Owner to repair.

REFERENCE: BY-LAWS SECTION 2

The Bylaws of Point McKay West contain the following clause under Part t -Provisions Respecting Owners and Use of Units:

By-Law 2 Occupation and Use of Units:

An Owner shall

(i) not permit any structural alterations to be made to any Unit, not to any part of the common property, including walls (whether partition walls, bearing walls or otherwise), ceiling floor, or to any exterior door or window of any Unit except as stated in the Bylaws.

The replacement of existing furnaces with mid- or high-efficiency type furnaces may require structural alteration to a Unit as it will, in the case of high-efficiency furnaces, require installation of venting which protrudes on to Common Property. The Board has approved the following policies with respect to the installation of mid- or high-efficiency furnaces.


JUNE 8, 2010

POLICY

1. A Unit Owner wishing to install a furnace with venting through an exterior wall of their Unit, must submit a proposal to the Board for consent, and the Board may give its consent or withhold consent as it sees fit in the circumstances, or consent with such conditions as it sees fit in the circumstances.

2. Any such replacement shall be at the cost of the Owner, which shall extend to any damage or alterations of the Common Property as is required in order to replace the furnace. The replacement shall be to the original common property.

3. The Owner shall: i) provide a drawing to the Board as to the exact placement of the vent

recommended by the gas company and/or licensed installer; ii) provide a picture or brochure of the vent box, pipes or tubes indicating size,

shape and color; and iii) indicate on the drawing "structural alteration to be made" to foundation or

siding. Any damage caused to the foundation and/or siding, as a result of the structural changes during or after installation, shall be made good by the Owner to the satisfaction of the Board. The replacement shall be to the original common property.

4. If consent is given, the Owner shall: i} employ qualified and licensed trades people to do the work, ii} deliver to the Board such permits and drawings as the Board may require both

before and after the work is completed; a copy of the City of Calgary's inspector's certificate on final inspection,

iii) have the vent painted to match the color of the siding on the building through which it protrudes; and

iv) keep all furnaces in a clean and safe operating condition.

5. The Board will consider the following, without limitation, when considering a proposal for consent to install a furnace: i) The location of the installation of the venting system and overall shape must

not detract from the visual appeal of the buildings or common property. ii) The installation of the furnace and vents must be done in accordance with all

applicable building, fire, electrical, mechanical and related codes. iii} The furnace venting must not present any safety or health hazards. iv) Any protrusion of the furnace pipe or venting must not present any risk that any

part of the building or common property could be damaged. v) All costs associated with the installation and maintenance of the furnace must

be borne by the Owner, and subsequent Owners, of the Unit making the installation.

POINT MCKAY WEST POLICIES &.. PROCEDURES

JUNE 8, 2010


Air Conditioners 2009/05/11



REASON FOR POLICY:

To confirm that Point McKay West enforces a quiet enjoyment policy.

POLICY STATEMENT:

Point McKay West does not permit the installation of an external air conditioner which requires a condenser unit and/or fan to be installed on the outside of a Unit on the Common Property. (This includes the Exclusive Use Areas associated with a Unit.) Point McKay West does permit indoor portable air cooling units with flush-mounted vents that vent through existing casement windows. The vent installation must blend with the surrounding structural elements; i.e. glass, window frames and colours and adhere to the By-Laws.

REFERENCE: BY-LAWS SECTION

Part 2 Use of the Common Property, By-law 14 Undue Noise or Disturbance

Owners shall not make undue noise or disturbance and shall use and enjoy the Common Property in a reasonable manner so as to not unduly interfere with the use and enjoyment of the Common Property by other Owners or their families or visitors.

Part 2, Use of the Common Property, By-law 16 Paragraph 10 Structures on or Use of the Common Property

Subject to what is set out elsewhere in this by-law, no structure, whether permanent or temporary shall be placed on the Common Property by any Owner, without the consent of the Board of Directors. In this regard, from time to time, the Board has received requests from Owners to allow the installation of air conditioners. The Board has, in each case, declined approval for such requests for the following reasons:

• Air conditioners require the installation of a condenser unit and/or fan on the exterior of units on the Common Property. These units have a cooling fan which runs while the unit is operating. Due to the close proximity of units in the complex, the Board has concluded that the noise produced by the cooling fans would be in contravention of Bylaw 14-Undue Noise or Disturbance.

• The City of Calgary made illegal in 2009 the use of water-coolant air conditioners.

POINT MCI<AY WEST POLICIES &.. PROCEDURES

JUNE 8, 2010

Failure to remove an air conditioner upon the Board's written request will result in a fine of not less than $250 for each month that it remains installed.

REFERENCE: CITY OF CALGARY BYLAWS

The City of Calgary prohibits internal water-based cooling units.

City of Calgary Bylaw 40M2006, Part VII, Article 17, paragraph two:

No Person shall install or allow the installation of any Once-Through Cooling Equipment connected to The City of Calgary's Water Supply, in any residential, industrial, commercial or institutional construction, development, retrofitting or restoration project.


JUNE 8, 2010


Satellite Dishes 2007/11/24



REASON FOR POLICY

To maintain the visual integrity of Point McKay West and preserve views for all residents.

POLICY STATEMENT

Within the community of Point McKay West, satellite dishes can be installed only in accordance with the policies adopted by the Board, as identified below. The Board retains its right to determine and change the satellite dish policy entirely at its own discretion.

No Owner shall install on the exterior of their unit or on any part of the common property, any satellite receiver(s) or similar equipment, except in accordance with any policies adopted by the Board from time to time.

The Board will consider each request to install a satellite dish on a case-by-case basis, taking into account the location and size of the dish requested, and will seek to approve only small satellite dishes (smallest generally available size; approximately 18 inches in diameter or less) located in the most unobtrusive place possible. Applications may be denied if an unobtrusive location for the dish cannot be found.

Determination of what constitutes an unobtrusive location is entirely at the discretion of the Board.

The location of the installation of the satellite dish will be as determined by the Board and not the installer.

All wires to and from the dish will enter the structure and the Owner's unit as short a distance from the dish as is practicable and any wire or cable entry holes will be sealed with waterproof caulking or similar material.

The Board retains the right to demand removal of an unapproved installed satellite dish upon 60 days written notice for any reason whatsoever and the owner/resident agrees to honour this request entirely at his/her own expense.


JUNE 8, 2010

All costs related to the installation and removal of a satellite dish will be entirely the responsibility of the unit owner.

Failure to remove a satellite dish upon the Board's written request will result in a fine of not less than $250 for each month that it remains installed beyond the 60-days notice period.

REFERENCE: BY-LAWS SECTION 2.0

1.1 Introduction

The Bylaws of Point McKay West contain the following clause under Part 2- Use of the Common Property:

2.12. Satellite Dish

No Owner shall install on the exterior of their Unit or on any part of the common property, any satellite receiver(s) or similar equipment, except in accordance with any policies adopted by the Board from time to time.

The clause effectively requires the Board to establish policies to govern the installation of satellite receivers. Accordingly the policies outlined below were approved by the Board on October 1 1 , 2007.

1.2 Policy

a) A satellite receiver or similar equipment ('Dish") may not be installed on the exterior of any Unit or on any part of the common property without obtaining the express written approval of the Board PRIOR TO INSTALLATION.

b) For purposes of these policies a Dish is deemed to include, without limitation, all poles, masts, brackets, cables, and wiring in addition to the antenna or similar equipment.

c) The Board has determined that it will not approve the installation of any receivers, based on the size of receivers generally available in February 2003.


JUNE 8, 2010

d) An Owner wishing to install a Dish must submit a written application to the Board requesting permission to install the Dish. The application should be accompanied by the following: (See note in first page re: installer.)

i) Drawings and/or photographs which clearly indicate the exact location of the intended installation and the intended orientation of the Dish after installation.

ii) Drawings and/or photographs and/or brochures which indicate the exact shape, size and colour of the Dish.

Note: the written documentation required with the application can be obtained from the vendor and/or installer.

e) The Board will consider the following factors, without limitation, when considering any application for the installation of a Dish:

i) The location of installation and the overall shape, size, colour and orientation of the Dish must be such that the Dish will not detract from the visual appeal of the buildings or common property.

ii) The Dish must not present any safety hazard. iii) The Dish must not present any risk that any part of the building or common

property could be damaged including the location of wiring. iv) The Installation of the Dish must be done in accordance with all applicable

building, fire, electrical and related codes. v) All costs associated with the installation and maintenance of a Dish must be

borne by the Unit Owner making the application. vi) No more than one satellite Dish may be installed on any Unit.

f) If permission is granted for the installation of a Dish the following policies will apply:

The location of installation of the Dish and/or the shape, size, colour or orientation of the Dish may not be changed from that approved by the Board following the original application, without first submitting a revised application to the Board and receiving the Board's written approval to change the location, shape, size, colour or orientation of the Dish.

If the Dish has been custom painted to match the colour of any part ofthe building, fence, deck, roof or common property, and the colour of the building, fence, deck, roof or common property is subsequently changed or altered as part of any maintenance program undertaken by the Corporation, the Owner shall at his or her own expense be required to change the colour of the Dish to match the new colour of the building, fence, deck, roof or common property as applicable.

i) If a Unit is sold, the owner shall remove any installed Dish prior to the transfer of ownership of the Unit to the new owner, unless the new owner requests that it be


JUNE 8, 2010

kept in place, in which case such new owner shall be governed by these policies and any terms and conditions imposed by the Board on the original owner with respect to the installation of the Dish.

ii) If an Owner removes a previously installed Dish, the Owner shall at his or her own expense immediately restore the location from which the Receiver was removed to the exact same condition and colour of the immediately surrounding area.

iii) The Board may, with reason, withdraw or amend any previous permission that it gave for the installation of an approved satellite dish.

POINT MCI<AY WEST POLICIES &. PROCEDURES

JUNES, 2010

Subject/Title:

Hot Tubs

Approving Authority:

Point McKay West Board of Directors

REASON FOR POLICY:

To confirm that Point McKay West enforces a quiet enjoyment policy under Part 2 - Use of the Common Property.

POLICY STATEMENT:

Effective Date:

2009/05/11

Revised:

2010/06/07

Point McKay West DOES NOT permit the installation of a hot tub to be installed on the outside of a unit on the common property.

REFERENCE: BY-LAWS SECTION 2

By-law 14 Undue Noise or Disturbance

Owners shall not make undue noise or disturbance and shall use and enjoy the Common Property in a reasonable manner so as to not unduly interfere with the use and enjoyment of the Common Property by other Owners or their families or visitors.

By-law 1 6 Structures on or Use of the Common Property

Subject to what is set out elsewhere in this by-law, no structure, whether permanent or temporary shall be placed on the Common Property by any Owner, without the consent of the Board of Directors.

In this regard, from time to time, the Board has received requests from Owners to allow the installation of hot tubs. The Board has, in each case, declined approval for such requests for the following reasons:

• Hot tubs have a motor which circulates the water and produces noise. In addition, because hot tubs are often used at night by groups of people, they inevitably result in elevated noise levels. Due to the close proximity of the units, the Board has concluded that these factors would be a contravention of Bylaw-14- Undue Noise or Disturbance

The installation of a hot tub WILL NOT BE PERMITTED in Point McKay West.

Failure to remove a hot tub, upon the Board's written request, will result in a fine of not Jess than $250 for each month that it remains installed beyond the 60 days notice period.


JUNE 8, 2010


Trees 2009/05/04



REASON FOR POLICY:

To maintain the integrity of Point McKay West properties and preserve the viewpoints for all residents.

Trees are a significant and highly visual natural resource throughout the Point McKay West Condo Association property. Properly-maintained trees provide social and psychological well-being and enhance property values. Many of our 200 trees were planted in the early t 980s and due to their age and other factors, there are concerns such as:

• Damage due to natural causes. • Trees that have reached the end of their healthy life. • Trees that have grown too large for their location may require attention to minimize

risks to property or people. • Disease.

POLICY STATEMENT:

As stated in the reserve fund study, the Board has the responsibility to manage this valuable natural resource. The Board has created the following policy to have a rational, fair and equitable approach to maintaining, removing, replacing and planting trees.

REFERENCE: BY-LAWS PART 3, Article 22, paragraph i.

POLICY

a) Maintenance: The Board's primary responsibility is to ensure that all trees in the Common Area outside of exclusive use areas are properly maintained. There are two components to maintenance:

i) Annual Pruning: The Board will hire a qualified arborist on an annual basis to prune the trees. The time of year for pruning to be determined by the arbourist.

ii) Fertilizer and Insecticide: The Board will hire a qualified arbourist on an annual basis to fertilize, and apply insecticides when required.


JUNE8,2010

b) Replacement: The Board has funds allocated in the reserve fund to remove and replace trees annually. The following is the priority that will be followed:

i) Tree Damage: From time to time either due to vandalism or weather (acts of God) trees may become damaged whereby it is deemed necessary to remove the tree. These trees will be the first priority for replacement each year.

ii) Dead: Trees that are dead need to be replaced. ii) High Risk: Trees posing an unacceptable risk to property or persons have to be

removed. iv) Diseased: Trees that have an infectious disease or are dying have to be removed. v) Overgrown: Healthy trees may have grown too large and are impairing the

enjoyment of Unit Owners of their Unit or the Common Area. These have to be pruned or removed. Wherever possible and practicable, the bias should be to retain the tree and manage overgrowth issues by pruning.

c) Owner Request to Plant a Tree: If an Owner desires to have a tree planted then a request can be made to the Board. The Board will take into account the opinions of surrounding neighbours as well as the overall best interest of all residents in considering the request to plant a tree. If the Board agrees to plant a tree, at the request of an owner, the Board will notify the Unit Owner in question that the work has to be done at their expense. If the owner in question wants the tree larger than recommended then they can pay any additional costs for the larger tree. The Board will provide a written estimate. When the Unit Owner has pre-paid the expense then the Board will include the work in its annual work plan.

d) Tree Selection: New trees will be selected by the Board. Trees will be selected based on the species common to the area. The Board will try to balance the following variables: species diversity; mix of tree types (coniferous vs. deciduous); shape; size; disease resistance; hardiness; flowering characteristics; and undesirable characteristics (obnoxious scents, messy fruits, sap). The replacement will also be placed in a location suitable for its expected mature size.

e) Annual Work Plan: To properly manage costs and to establish realistic expectations, to the degree practicable the Board will follow an annual work plan:

i) Tree Removal: Trees will be removed at the same time the annual pruning takes place. The exception to this will be trees damaged as described in (b).

ii) Tree Planting: New trees will be planted in the spring. This allows plenty of time for the new tree to establish itself as well as repair the ground surrounding the tree.

iii) Communication Plan: The property manager and/or a member from the Board will discuss each proposed tree removal with owners and neighbours. All opinions will be considered but the Board will have the final say as the trees are on Common Property. At the Annual General Meeting (AGM) the Board will convey the pruning and tree removal plan for the coming winter as well as the type of replacement tree. Requests for tree removal must be received by October 1 in order to ensure that timely discussion may take place.


JUNE 8, 2010

f) The trees in a Unit Owner's Exclusive Use Area are solely the responsibility of the Unit Owner. The crabapple trees in the exclusive use area of the river units are a notable exception (see below).

Note: In March, 2010 the Corporation's management firm informed the Board it had been practice for some years for the Board to provide for care and pruning of flowering crabapple trees that are found in the exclusive use areas of river units. The rationale provided by the management firm was that such trees were a signature feature of the original Point McKay West development. Nonetheless, this practice is not reflected in the By-Laws and remains at the discretion of the Board.


JUNE 8, 2010

Documents

INTMC ST...Jun 08, 2010 · interior or exterior wall of the Unit, or further. i. A reference to a door, includes the door, the door frame and the door assembly ... and the owner