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To: All owners, YKCC #13 (Forrest Park) From: YKCC #13 Board Date: 15 October 2013 Re: Proposed Changes to YKCC #13 By-laws The Yellowknife Condominium Corporation #13's by-laws have not been updated since their creation in 1992. The Board is proposing the following changes to the by-laws to update and refresh. At the meeting on 17 November 2013, the membership will vote on each item in turn. There are 17 in total. A PDF copy of the 1992 By-Laws is available for download on the website for your reference at http://ykcondocorp13.weebly.com/publications.html . We need 66 2/3 % of the unit share to pass each proposed change. That means 18 Yes votes out of a possible 26. In cases of a co-owned unit, only one member may vote at a time. If you are unable to attend, please ensure you fill out and send a Proxy form. Proxy forms are available for download at http://ykcondocorp13.weebly.com/publications.html . In the following document, Yellow highlight indicates a change or addition. Red highlight indicates a removal without any replacing text.

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Page 1: To: All owners, YKCC #13 (Forrest Park) From: YKCC #13 Board …ykcondocorp13.weebly.com/uploads/2/3/4/9/23496380/ykcc... · 2018. 9. 9. · To: All owners, YKCC #13 (Forrest Park)

To: All owners, YKCC #13 (Forrest Park) From: YKCC #13 Board Date: 15 October 2013 Re: Proposed Changes to YKCC #13 By-laws The Yellowknife Condominium Corporation #13's by-laws have not been updated since their creation in 1992. The Board is proposing the following changes to the by-laws to update and refresh. At the meeting on 17 November 2013, the membership will vote on each item in turn. There are 17 in total. A PDF copy of the 1992 By-Laws is available for download on the website for your reference at http://ykcondocorp13.weebly.com/publications.html. We need 66 2/3 % of the unit share to pass each proposed change. That means 18 Yes votes out of a possible 26. In cases of a co-owned unit, only one member may vote at a time. If you are unable to attend, please ensure you fill out and send a Proxy form. Proxy forms are available for download at http://ykcondocorp13.weebly.com/publications.html. In the following document, Yellow highlight indicates a change or addition. Red highlight indicates a removal without any replacing text.

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Proposed changes to Yellowknife Condominium Corporation By-laws, October 2013: Proposed Change # 1) Add a table of contents. Proposed Change # 2) For the entire document add “hers” to all references to “his” - should read “his/hers.” Also, for "he" and "she" - should read "he/she". Proposed Change # 3) Page 2, 1.00 m. PART I -- DEFINITIONS, INTERPRETATIONS AND APPLICATIONS

1.00 The following definitions shall apply to all parts

of these By-Laws, unless the context or subject

matter requires a different meaning.

Current: m. a "member in good standing" means someone who

has duly paid all assessments payable in

respect of his unit within the last thirty

(30) days;

Proposed: m. a "member in good standing" means someone who

has duly paid all assessments payable in

respect of his unit within (30) days of the

most recent monthly condo fee due date;

Proposed Change # 4) Page 8, 3.00 d.

PART III - THE CORPORATION

DUTIES OF THE CORPORATION 3.00 In addition to the duties of the Corporation set

forth in the Act, the Corporation, through its

Board shall:

Current:

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d. provide and maintain in force public liability

insurance on the common areas;

Proposed: d. at the discretion of the board, provide and

maintain public liability insurance on the

common areas;

Proposed Change # 5) Page 12, 4.02

Current: NOMINATION OF BOARD MEMBERS

4.02 There shall be a call for nominations two (2) months

before the schedule date for the Annual General

Meeting. Nominated names shall be submitted in

writing at least five (5) weeks before the Annual

General Meeting, and each nomination so submitted

shall be nominated by two (2) persons both of whom

shall be owner(s) of two (2) condominium units. One

(1) month before the Annual General Meeting, a brief

biography of all nominees shall be distributed to

the members.

Proposed: NOMINATION OF BOARD MEMBERS

4.02 There shall be a call for nominations two (2) months

before the scheduled date for the Annual General

Meeting. Nominated names shall be submitted in

writing at least five (5) weeks before the Annual

General Meeting, and each nomination so submitted

shall be nominated by two (2) persons both of whom

shall be owner(s) of two (2) condominium units. One

(1) month before the Annual General Meeting, a brief

biography of all nominees shall be distributed to

the members.

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Proposed Change # 6) Page 14, 4.04 c.

DUTIES OF OFFICERS

4.04 The duties of the elected Board members shall be as

follows :

Current: c. Treasurer

The Treasurer shall be the Chief Financial

Officer of the Corporation and, in the absence

of both the President and the Vice President,

shall assume the office of the Chief Executive

Officer of the Corporation.

The Treasurer shall prepare a financial

statement of the Corporation for each general

meeting. The Treasurer shall have an audited

financial statement ready for presentation to

the membership at each Annual General Meeting,

the firm of chartered accountants used for the

audit have been selected at the previous

Annual General Meeting by the unit owners

attending that meeting. The audited financial

statement shall be prepared within 90 days

after the Corporation's fiscal year-end: the

fiscal year shall commence the day after the

date and month shown as the original

registration date of these by-laws.

Proposed:

c. Treasurer

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The Treasurer shall be the Chief Financial

Officer of the Corporation and, in the absence

of both the President and the Vice President,

shall assume the office of the Chief Executive

Officer of the Corporation.

The Treasurer shall prepare a financial

statement of the Corporation for each general

meeting. The Treasurer shall have an audited

financial statement – which shall be prepared

by either an internal audit committee

appointed by the Board (refer to Part IV,

Section 4.d, herein) or an external auditor

(normally a chartered accountant), as the case

may be – ready for presentation to the

membership at each Annual General Meeting. The

audited financial statement shall be prepared

within 90 days after the Corporation's fiscal

year-end: the fiscal year shall commence the

day after the date and month shown as the

original registration date of these by-laws.

Proposed Change # 7) Page 14, 4.04 c. DUTIES OF OFFICERS

4.04 The duties of the elected Board members shall be as

follows :

Current: c. Treasurer

The Treasurer shall be the Chief Financial

Officer of the Corporation and, in the absence

of both the President and the Vice President,

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shall assume the office of the Chief Executive

Officer of the Corporation.

The Treasurer shall prepare a financial

statement of the Corporation for each general

meeting. The Treasurer shall have an audited

financial statement ready for presentation to

the membership at each Annual General Meeting,

the firm of chartered accountants used for the

audit have been selected at the previous

Annual General Meeting by the unit owners

attending that meeting. The audited financial

statement shall be prepared within 90 days

after the Corporation's fiscal year-end: the

fiscal year shall commence the day after the

date and month shown as the original

registration date of these by-laws.

Proposed:

c. Treasurer

The Treasurer shall be the Chief Financial

Officer of the Corporation and, in the absence

of both the President and the Vice President,

shall assume the office of the Chief Executive

Officer of the Corporation.

The Treasurer shall prepare a financial

statement of the Corporation for each general

meeting. The Treasurer shall have an audited

financial statement ready – which shall be

prepared by either an internal audit committee

appointed by the Board (refer to Part IV,

Section 4.d, herein) or an external auditor

(normally a chartered accountant), as the case

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may be – for presentation to the membership at

each Annual General Meeting, the firm of

chartered accountants used for the audit have

been selected at the previous Annual General

Meeting by the unit owners attending that

meeting. The audited financial statement shall

be prepared within 90 days after the

Corporation's fiscal year-end: the fiscal year

end shall match the calendar year end.

Proposed Change # 8) Add clause 4.00 d.

PART IV - THE CORPORATION AND THE BOARD

THE BOARD

4.00 The Board shall be the governing body of the

Corporation between Annual General Meetings, and

shall take such action and decisions as may be

necessary to administer the Corporation before a

meeting can be convened.

Current: No clause d. Proposed:

d. The executive shall establish an internal audit

committee consisting of 3 members, the

responsibility of which will be to review and

approve financial statements prepared by the

treasurer, no later than 30 days prior to the AGM.

Where an internal audit committee cannot be formed,

than at the discretion of the executive an

external auditor shall be retained.

Proposed Change # 9) Page 15, 4.04 DUTIES OF OFFICERS

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4.04 The duties of the elected Board members shall be as

follows :

Current: c. Secretary

Proposed: d. Secretary

Proposed Change # 10) Page 18, 5.00 ANNUAL GENERAL MEETINGS

Current: 5.00 The first Annual General Meeting shall be convened

by the Board within three (3) months of the

registration of the Corporation. Subsequent Annual

General Meetings shall be held once in each

calender year. Not more than fifteen (15) months

shall elapse between the date of one Annual General

Meeting and that of the next.

Proposed: 5.00 The first Annual General Meeting shall be convened

by the Board within three (3) months of the

registration of the Corporation. Subsequent Annual

General Meetings shall be held once in each

calendar year. Not more than fifteen (15) months

shall elapse between the date of one Annual General

Meeting and that of the next.

Proposed Change # 11) Page 25 6.00 paragraph 1, 5 and 6 Current:

PART VI - INSURANCE

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INSURANCE

6.00 The Board, on behalf of the Corporation, shall

obtain and maintain at all times, insurance on all

the insurable common property and all insurable

property both real and personal of any nature

whatsoever of the Corporation, to the full

replacement value thereof, without deduction for

depreciation. Without restricting the generality

of the foregoing, such insurance shall provide and

include the following:

a. coverage to full replacement value of all

chattels and other property belonging to the

Corporation or forming part of the common

property;

b. coverage for such other risks or causes as the

Board may determine or as may be determined by

special resolution of the Corporation, and as

shall be required under the Act.

Nothing in this section shall restrict the right of

unit owners to obtain and maintain insurance of any

kind in respect of the ownership or use or

occupation of their unit and its structures or

their personal liability as permitted by the Act,

or as otherwise permitted by law and by these by-

laws.

An owner shall carry insurance on his own lot as

required by the Act and these by-laws, provided

that the liability of the insurers issuing

insurance obtained by the Board shall not be

affected or diminished by reason of insurance

carried by a unit owner.

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If a unit owner does not provide annual proof of

insurance as stipulated in Section 2.00(i) of these

by­ laws, then the Board may purchase adequate

coverage as previously defined, and shall add the

cost of this insurance to that owner's condominium

fees.

The Board shall also obtain and maintain public

liability insurance insuring the Corporation and

the Board against any liability to third parties,

on all common property and on all property owned by

the Corporation. Limits of liability under such

insurance shall not be less than One Million

Dollars ($1,000,000.00) for any one person injured

or for any one accident, and shall not be less than

One Million Dollars ($1,000,000.00) for property

damage per occurrence. The limits and coverage

shall be reviewed at least annually by the Board

and increased at its discretion. The policy or

policies shall provide cross-liability endorsements

whereby the rights of a named insured under the

policy or policies shall not be prejudiced as

respects its, his, her or their action against

another named insured.

The Corporation shall also carry insurance

protecting the Board of Directors against any

errors and/or omissions which they make in the

course of their duties. The Corporation shall carry

insurance for members of the Board of Directors and

officers of the Corporation against all liability

claims in such amounts and with such deductible as

the Corporation's Board may determine.

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Proposed: PART VI - INSURANCE

INSURANCE

6.00 The Board, on behalf of the Corporation, may, at

its discretion, obtain and maintain, insurance on

all the insurable common property and all

insurable property both real and personal of any

nature whatsoever of the Corporation, to the full

replacement value thereof, without deduction for

depreciation. Without restricting the generality

of the foregoing, such insurance shall provide and

include the following:

a. coverage to full replacement value of all

chattels and other property belonging to the

Corporation or forming part of the common

property;

b. coverage for such other risks or causes as the

Board may determine or as may be determined by

special resolution of the Corporation, and as

shall be required under the Act.

Nothing in this section shall restrict the right of

unit owners to obtain and maintain insurance of any

kind in respect of the ownership or use or

occupation of their unit and its structures or

their personal liability as permitted by the Act,

or as otherwise permitted by law and by these by-

laws.

An owner shall carry insurance on his own lot as

required by the Act and these by-laws, provided

that the liability of the insurers issuing

insurance obtained by the Board shall not be

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affected or diminished by reason of insurance

carried by a unit owner.

If a unit owner does not provide annual proof of

insurance as stipulated in Section 2.00(i) of these

by­ laws, then the Board may purchase adequate

coverage as previously defined, and shall add the

cost of this insurance to that owner's condominium

fees.

The Board may, at its discretion, also obtain and

maintain public liability insurance insuring the

Corporation and the Board against any liability to

third parties, on all common property and on all

property owned by the Corporation. Limits of

liability under such insurance shall not be less

than One Million Dollars ($1,000,000.00) for any

one person injured or for any one accident, and

shall not be less than One Million Dollars

($1,000,000.00) for property damage per occurrence.

The limits and coverage shall be reviewed at least

annually by the Board and increased at its

discretion. The policy or policies shall provide

cross-liability endorsements whereby the rights of

a named insured under the policy or policies shall

not be prejudiced as respects its, his, her or

their action against another named insured.

The Corporation may, at its discretion, also carry

insurance protecting the Board of Directors against

any errors and/or omissions which they make in the

course of their duties. The Corporation may, at its

discretion, carry insurance for members of the

Board of Directors and officers of the Corporation

against all liability claims in such amounts and

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with such deductible as the Corporation's Board may

determine.

Proposed Change # 12) Page 28, 7.00 b. PART VII - COMMON EXPENSES

ASSESSMENTS FOR COMMON EXPENSES AND BUDGETS

7.00

Current: b. At least fifteen (15) days prior to the end of

each fiscal year the Corporation shall deliver

or mail to each unit owner at the municipal

address of his residence:

Proposed:

b. At least fifteen (15) days prior to the Annual

General Meeting the Corporation shall deliver

by hand, by e-mail or mail to each unit owner

at the municipal address of his residence:

Proposed Change # 13) Page 28, 7.00 b. i) PART VII - COMMON EXPENSES

ASSESSMENTS FOR COMMON EXPENSES AND BUDGETS

7.00

b. At least fifteen (15) days prior to the end of

each fiscal year the Corporation shall deliver

or mail to each unit owner at the municipal

address of his residence:

Current: i) a copy of the budget for the ensuing

fiscal year; and

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Proposed: i) a copy of the draft budget for the ensuing

fiscal year; and

Proposed Change # 14) Page 29, 7.00 e. PART VII - COMMON EXPENSES

ASSESSMENTS FOR COMMON EXPENSES AND BUDGETS

7.00

Current: e. The common expenses set forth in each

assessment 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 instalments payable,

in advance on the first day of each month.

Proposed:

e. The common expenses set forth in each

assessment 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 instalments payable,

in advance on the first day of each month.

The Board may, however at its discretion,

provide for payments comprising of multiple

installments as an option to the

aforementioned monthly payment scheme.

Proposed Change # 15) Page 29, 7.00 f.

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PART VII - COMMON EXPENSES

ASSESSMENTS FOR COMMON EXPENSES AND BUDGETS

7.00

Current:

f. All payments of whatsoever nature required to

be made by each owner and not paid within ten

(10) days from the due date for payment, 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 assessment payment first due);

Proposed:

f. All payments of whatsoever nature required to

be made by each owner and not paid within

thirty (30) days from the due date for payment,

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 assessment payment first due);

Proposed Change # 16) Page 36, 8.01 Current: LEASING OF UNITS

8.01 In the event that any owner desires to lease or

rent his unit. he shall furnish to the Corporation

an undertaking, in form satisfactory to the

Corporation and signed by the proposed lessee or

occupant, that the proposed lessee or occupant of

the unit will comply with the provisions of the Act

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and of the By-Laws of the Corporation. The owner

shall not be released from any of his obligations,

and shall be jointly and severally liable with the

proposed lessee or occupant with respect to such

obligations.

Proposed: LEASING OF UNITS

8.01 In the event that any owner desires to lease or

rent his unit, he shall furnish to the Corporation

an undertaking, in form satisfactory to the

Corporation and signed by the proposed lessee or

occupant, that the proposed lessee or occupant of

the unit will comply with the provisions of the Act

and of the By-Laws of the Corporation. The owner

shall not be released from any of his obligations,

and shall be jointly and severally liable with the

proposed lessee or occupant with respect to such

obligations.

Proposed Change # 17) Page 41, 9.01 a. xiii) PART IX -- OCCUPANCY RESTRICTIONS AND MAINTENANCE

USE AND OCCUPANCY RESTRICTIONS

9.01

a. An owner shall not:

Current: xiii) drive any motor vehicle on the

common property at a speed in excess

of 15 kilometres per hour;

Proposed: No clause, renumber clauses xiv) through xvi) appropriately. End of Proposed Changes.