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HCC 225 Condominium Rules 1994 (pdf)
DownloadCondominium living is not the same as living in a detached single family home having full ownership of your own property lands.
Owners of a condominium fully own only the inside features of their units. The outside features (buildings) as well as the lands (common elements including exclusive use elements) are legally the property of the condominium corporation in which all owners together have a proportional share one level removed from direct ownership. The assets of the corporation are thus managed by the Board of Directors and the property manager, not the unit owner. The corporation has the authority to make all decisions regarding the common elements, and to set and enforce rules that pertain to the common elements including exclusive use elements, since only the corporation has direct control of these.
Condominium living consequently comes with limitations on owners and residents as well as a responsibility to conduct oneself in a way that will not infringe on the right to the comfort and quiet enjoyment of the community by the other residents.
For detailed regulations go to Parking link.
Condominium Rules 3(d), (f) and (h) state that residents may not place or store refuse or any articles on the common elements including the exclusive use elements.
In practice, some leeway is given to owners with respect to the back yard for discreet storage. We ask that owners practice keeping their back yards tidy and any stored items be hidden or orderly. Remember, a disorderly, unkempt back yard is a nuisance to your neighbours because they see it too.
For other parts of the exclusive use and common element areas, other than the placement of planters only, the front yard and side of buildings are not to be used for owners' personal articles and these areas must be kept clear. This means no green compost containers, yard waste bags, doggy-doo containers, garbage cans or patio furniture shall be placed anywhere on the common elements or in the front yards. Such articles may be placed in the rear yards only.
This rule is enforced in order to preserve the neat and tidy appearance of our community.
Condominium Rule 3(e) states that residents shall not create any noise or nuisance that is likely to disturb the comfort or quiet enjoyment of the community by the residents of the other units.
In practice this means that residents may not play electronic devices that broadcast music or television programming loud enough so that the sound is clearly heard by neighbours and can be considered a nuisance. Residents are to use ear buds and head phones when listening to their own music outside, so as not to disturb their neighbours.
If you will be hosting a party whether inside your unit or in your back yard so that your music may be heard by your neighbours, please contact the property manager to obtain authorization to play your music at a reasonable volume until a maximum time of 11:00 pm, after which you must cease the music or move inside and turn down the volume.
In general, residents must conduct themselves in a manner that will not cause any type of nuisance for residents and negatively impact the charm of our community (for example, hold frequent garage or tailgate parties with individuals getting intoxicated).
The Board of Directors or the property manager has the authority to deem what type of conduct is considered a nuisance under Rule 3(e).
This rule is enforced in order to preserve a pleasant environment for all owners to enjoy in quiet and comfort.
The use and setting off of fireworks from the common elements, exclusive use elements, or from within the unit is strictly prohibited. Additionally, fireworks may not be stored within the unit (i.e. the garage), or on the common elements including exclusive use elements, at any time.
This rule is currently interpreted under Rule 3(e) and Rule 8 but will receive its own explicit statement in proposed updates to the Condominium Rules so that there is no ambiguity.
This rule is enforced in order to avoid obvious fire hazards to buildings as well as burn injury from stray rockets to unsuspecting resident bystanders.
The use of open flame wood burning fire pits, fire bowls, chimineas and similar devices is strictly prohibited by the City of Burlington Bylaw No. 063-2014. Owners and residents who install such devices will be warned and must remove them.
Residents may however install and use fire bowls that utilize propane or natural gas as the fuel supply. (Propane tanks may not exceed 10 kg size.)
Condominium Rule 7 generally prohibits alterations to the corporation's common elements including exclusive use elements, and No. 7 (i) directly states that owners and residents may not make any alterations to the exclusive use elements without first contacting the Board of Directors for authorization to make the change.
This means that any time you wish to make a change or addition to your exclusive use rear yard, front yard, or entry porch you will require prior approval. For example, adding or enlarging a flower garden, planting a new tree, installing a hanging flower pot with a brace into the wall, placing interlocking bricks, or building any structure onto the exclusive use areas will all require an application for approval.
If your request is approved, a Sec. 98 indemnity agreement may be required to be signed by you and registered on title (usually for larger permanent alterations). There is a legal fee involved in completing this agreement payable by the owner.
Not allowed. Owners voted in a majority referendum in early 2020 to disallow their installation in owners' yards in order to keep the character of the community uncluttered. Those owners that had received Board approval in the past to install a gazebo are grandfathered from this provision. A new owner taking over such unit will be required to remove the gazebo.
Not allowed. In April 2020 a permanent moratorium on new approvals was passed and all existing owners were mandated to remove their lower decks due to pest control reasons.
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