MauriceDriveCondo.Org

THIS DECLARATION (hereinafter called the "Declaration") is made and executed pursuant to the provisions of the Condominium Act, 1998, S.O. 1998, C.19, and the regulations made thereunder, as amended from time to time (all of which are hereinafter collectively referred to as the "Act"), by:

123 MAURICE DEVELOPMENTS LTD. (hereinafter called the "Declarant")

WHEREAS:

A. The Declarant is the owner in fee simple of certain lands and premises situate in the Town of Oakville, in the Province of Ontario and being more particularly described in Schedule "A" annexed hereto and in the description submitted herewith by the Declarant (hereinafter called the "Description") for registration in accordance with the Act and which lands are sometimes referred to as the "Lands" or the "Property";

B. The Declarant has constructed the Building located upon the Property and various units within the Building as more particularly described in this Declaration; and

C. The Declarant intends that the Lands, together with the Building constructed thereon shall be governed by the Act and that the registration of this Declaration and the Description will create a freehold condominium corporation that constitutes a standard condominium corporation.

NOW THEREFORE THE DECLARANT HEREBY DECLARES AS FOLLOWS:

Table of Contents

• Article I — Introductory
• Article II — Common Expenses
• Article III — Common Elements
• Article IV — Units
• Article V — Maintenance and Repairs
• Article VI — Indemnification
• Article VII — Insurance
• Article VIII — Insurance Trustee and Proceeds of Insurance
• Article IX — Duties of the Corporation
• Article X — General Matters and Administration
• Schedule "A" — Legal Description of the Lands
• Schedule "B" — Consent
• Schedule "C" — Unit Boundaries
• Schedule "D" — Contribution to Common Expenses and Common Interest
• Schedule "E" — Specification of Common Expenses
• Schedule "F" — Exclusive Use Portions of the Common Elements
• Schedule "G" — Certificate of Architect or Engineer

ARTICLE I — INTRODUCTORY

1.1 Definitions

The terms used in the Declaration shall have the meanings ascribed to them in the Act unless this Declaration specifies otherwise or unless the context otherwise requires and in particular:

(a) "Accessible Parking Unit" means the 2 visitor parking spots designed for use by any visitors to the Condominium who are persons with a disability;

(b) "Amenity Space" means the amenity space on the second story of the Building, forming part of the common elements of the Condominium, for use only by residential occupants as further set out herein;

(c) "Applicable Zoning By-laws" means the zoning by-laws, rules or regulations (as amended from time to time) of the Town of Oakville or any governmental authority having jurisdiction;

(d) "Bicycle Parking Spaces" means the fifty-six (56) bicycle parking spaces located in the underground parking garage, which shall be used in accordance with the terms of this declaration and the term "Bicycle Parking Spaces" shall mean any one of them;

(e) "Board" means the Corporation's board of directors;

(f) "Building" means the building and other improvements on the Lands;

(g) "By-law(s)" means the by-law(s) of the Corporation enacted from time to time;

(h) "Commercial Unit" means the one (1) commercial unit in the Building, being unit 7 on Level 1;

(i) "Common Elements" shall have the meaning as set out in the Act;

(j) "Common Interior Roadway" means all of the roads, curbs, driveways, sidewalks, walkways, stairwells and all street lighting there along, on the Lands which are used for pedestrian and vehicular ingress and/or egress to and from the Condominium and/or Building which are designated either as part of the common elements of the Condominium and/or Building;

(k) "Corporation" or "Condominium" means the standard condominium created by the registration of this Declaration and Description on the Lands and premises described in Schedule "A";

(l) "Locker Units" means the fifty-five (55) storage locker units, being Units 19-24, inclusive on Level 1 and Units 55-103, inclusive on Level A, which shall be used in accordance with the terms of this declaration and the term "Locker Unit" shall mean any one of them;

(m) "Owner" means the owner or owners of the freehold estate(s) in a Unit, but does not include a mortgagee unless in possession;

(n) "Parking Units" means collectively all of the Single Parking Units and Tandem Parking Units located at grade (Level 1) and in the underground (Level A) as further set out herein;

(o) "Registration Date" means the date of the registration of this Declaration;

(p) "Residential Units" means the 55 Units, being Units 1-6 inclusive, Level 1, Units 1-17 inclusive, Level 2, Units 1-18 inclusive, Level 3, and Units 1-14 inclusive, Level 4;

(q) "Rooftop Amenity" means the rooftop amenity space forming part of the common elements;

(r) "Rules" means the rules passed by the Board from time to time in accordance with the provisions of the Act;

(s) "Single Parking Units" means the eleven (11) single-vehicle Parking Units at grade adjacent to the lobby being Units 8-18 inclusive on Level 1, and thirty-one (31) single-vehicle Parking Units in the underground parking, being Units 1-27, 29-30 and 42-43 inclusive on Level A;

(t) "Tandem Parking Units" means the twenty-three (23) two-vehicle parking units parked front to back in the underground parking garage, being Units 28, 31-41 and 44-54 inclusive, on Level A;

(u) "Unit" or "Units" means, individually or collectively, as the context may require, the portions of the condominium designated as a unit; and

(v) "Utility Agreement" or "Utility Submetering and Services Agreement" shall mean the agreement and/or agreements to be entered into and/or assumed by the Condominium with respect to certain utilities.

1.2 Act Governs the Lands

The Lands described in Schedule "A" annexed hereto and in the Description together with all interests appurtenant to the Lands are governed by the Act.

1.3 Standard Condominium

The registration of this Declaration and the Description will create a freehold condominium corporation that constitutes a standard condominium corporation.

1.4 Consent of Encumbrancers

The consent of every person having a registered mortgage against the Property or interests appurtenant thereto is contained in Schedule "B" attached hereto.

1.5 Inclusions/Exclusions from Units

The monuments controlling the extent of the Units are the physical surfaces mentioned in the boundaries of Units in Schedule "C" attached hereto, and notwithstanding anything else provided in this Declaration to the contrary, it is expressly stipulated and declared that:

(a) Each Residential Unit shall include:

    (i) All pipes, wires, cables, conduits, ducts, and mechanical or similar apparatus that supply any service to that particular Residential Unit only, and that lie within or beyond the unit boundaries thereof as more particularly set out in Schedule "C" annexed hereto;

    (ii) The complete individual mechanical heating and cooling system, unless leased and the branch piping extending to the common pipe risers servicing the said Units including any connection thereto;

    (iii) All electrical receptacles, ventilation fan units, light fixtures lying within suspended ceilings and similar apparatus that supply any service to that particular Unit only, regardless of whether same are installed or located within or beyond the boundaries of said Units; and

    (iv) Any branch piping extending to the common pipe risers including the connection thereto, but excluding only the common pipe risers.

(b) Each Residential Unit shall exclude:

    (i) All concrete/metal, concrete block and masonry portions of load bearing walls and columns, and floor slabs, located within any of the Units;

    (ii) All pipes, wires, cables, conduits, ducts, sump pumps (if any), flues, and mechanical or similar apparatus that supply any services to more than one Unit, or to the Common Elements, or that may lie within the boundaries of any particular Residential Unit but which do not service that particular Unit;

    (iii) All the branch pipes, riser pipes and sprinkler heads that comprise part of the emergency fire protection system within the Building;

    (iv) Exterior doors, door frames, and windows and window frames located within any of the Residential Units and all exterior door and window hardware (such as door and/or window handles, locks, hinges and peep holes);

(c) Each Commercial Unit shall include:

    (i) All pipes, wires, cables, conduits, ducts, and mechanical or similar apparatus that supply any service to that particular Commercial Unit only, and that lie within or beyond the unit boundaries thereof as more particularly set out in Schedule "C" annexed hereto;

    (ii) The complete individual mechanical heating and cooling system, unless leased and the branch piping extending to the common pipe risers servicing the said Units including any connection thereto;

    (iii) All electrical receptacles, ventilation fan units, light fixtures lying within suspended ceilings and similar apparatus that supply any service to that particular Unit only, regardless of whether same are installed or located within or beyond the boundaries of said Units; and

    (iv) Any branch piping extending to the common pipe risers including the connection thereto, but excluding only the common pipe risers.

(d) Each Commercial Unit shall exclude:

    (i) All concrete/metal, concrete block and masonry portions of load bearing walls and columns, and floor slabs, located within any of the Units;

    (ii) All pipes, wires, cables, conduits, ducts, sump pumps (if any), flues, and mechanical or similar apparatus that supply any services to more than one Unit, or to the Common Elements, or that may lie within the boundaries of any particular Commercial Unit but which do not service that particular Unit;

    (iii) All the branch pipes, riser pipes and sprinkler heads that comprise part of the emergency fire protection system within the Building;

    (iv) Exterior doors, door frames, and windows and window frames located within any of the Commercial Units and all exterior door and window hardware (such as door and/or window handles, locks, hinges and peep holes);

(e) Each Parking Unit shall exclude

all fan, pipes, wires, cables, conduits, ducts, flues or similar apparatus (whether used for water drainage, power or otherwise) that supply any service to any Unit or to the Common Elements, together with any heating or air-conditioning equipment, ducts, flues, shafts, etc. and/or controls of same (whether located within or beyond any walls or floors which may comprise part of the boundaries of any Parking Unit), and shall also exclude any concrete columns, concrete walls or load bearing walls which may be located within or comprise part of the boundaries of any Parking Unit, together with any fire hose cabinets and steel guard rails abutting or affixed to, or hanging from any such columns or walls as well as any additional floor surfacing (membranes and coatings) that may be located within any such Parking Unit;

(f) Each Locker Unit shall exclude

all fan, pipes, wires, cables, conduits, ducts, flues or similar apparatus (whether used for water drainage, power or otherwise) that supply any service to any Unit or to the Common Elements, together with any heating or air-conditioning equipment, ducts, flues, shafts, etc. and/or controls of same (whether located within or beyond any walls or floors which may comprise part of the boundaries of any Locker Unit), and shall also exclude any concrete columns, concrete walls or load bearing walls which may be located within or comprise part of the boundaries of any Locker Unit, together with any fire hose cabinets and steel guard rails abutting or affixed to, or hanging from any such columns or walls as well as any additional floor surfacing (membranes and coatings) that may be located within any such Locker Unit;

[Editorial note: the Declaration's section numbering proceeds directly from 1.5 to 1.7; there is no section 1.6 in the registered document.]

1.7 Common Interest and Common Expenses

Each Owner shall have an undivided interest in the Common Elements as a tenant in common with all other Owners in the proportions set forth opposite each unit number in Schedule "D" attached hereto and shall contribute to the common expenses in the proportion set forth opposite each unit number in Schedule "D" attached hereto. The total of the proportions of the common interests and proportionate contribution to common expenses shall each be one hundred (100%) percent.

1.8 Exclusive Use Common Elements

The owner of certain units shall have the exclusive use of those parts of the common elements as set forth in Schedule "F" attached hereto, subject to such use being regulated by the provisions of the Act, this declaration and the by-laws and rules of the Corporation, and subject to the rights of entry in favour of the Corporation (and its authorized agents and representatives) exercisable in accordance with the provisions of this declaration.

1.9 Address for Service, Municipal Address and Mailing Address of the Corporation

The Corporation's address for service and mailing address shall be 123 Maurice Drive, Oakville, Ontario, or such other address as the Corporation may by resolution of the Board determine.

1.10 Approval Authority Requirements

Halton District School Board

a. Prospective purchasers are advised that attendance at schools in the area is not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside of the area. School attendance areas are subject to change and/or redirections can be put into place to address school accommodation pressures.

b. Prospective purchasers are advised that school busses will not enter cul-de-sacs and pick up points will be generally located on through streets convenient to the Halton Student Transportation Services (HSTS). Additional pick up points will not be located within the subdivision until major construction activity has been completed.

Halton Catholic District School Board

a. Prospective purchasers are advised that Catholic school accommodation may not be available for students residing in this area, and that you are notified that students may be accommodated in temporary facilities and/or bused to existing facilities outside the area.

b. Prospective purchasers are advised that the HCDSB will designate pick up points for the children to meet the bus on roads presently in existence or other pick up areas convenient to the Board, and that you are notified that school busses will not enter cul-de-sacs and private roads.

Private Waste Collection

Note that the proposed development, as designed, does not comply with the Regional Development Design Guidelines for Source Separation of Solid Waste and as such is not eligible for Regional Waste Collection.

1.11 Architect/Engineer Certificates

The certificate of the Declarant's architect confirming that the Building on the Property has been constructed in accordance with the regulations made under the Act is/are contained in Schedule "G" attached hereto.

ARTICLE II — COMMON EXPENSES

2.1 Specification of Common Expenses

The common expenses shall comprise the expenses of the performance of the objects and duties of the Corporation and its Board, and such other expenses, costs and sums of money incurred by or on behalf of the Corporation that are specifically designated as (or collectible as) common expenses pursuant to the provisions of the Act and/or this Declaration and without limiting the generality of the foregoing, shall include the specific expenses set out in Schedule "E" attached hereto.

2.2 Payment of Common Expenses

Each Owner shall pay to the Corporation his or her proportionate share of the common expenses and the assessment and collection of contributions toward common expenses may be regulated by the Board pursuant to the By-laws. In addition to the foregoing, any losses, costs or damages incurred by the Corporation by reason of a breach of any provision of this Declaration, or in any By-laws or Rules in force from time to time by any Owner, or by any Owner's family member, tenants and/or their employees and/or their respective invitees or licensees, or as a result of any breach or non-compliance with any Applicable Zoning By-laws, or other laws or regulations, and which is directly attributable to the use made by any Owner of a Unit or by such Owner's family member, tenants and/or their employees and/or their respective invitees or licensee, shall be borne and paid for by such Owner and may be recovered by the Corporation against such Owner in the same manner as common expenses.

2.3 Reserve Fund

(a) The Corporation shall establish and maintain one or more Reserve Funds and shall collect from the Owners as part of their contribution towards the common expenses, all amounts that are reasonably expected to provide sufficient funds for major repair and replacement of Common Elements and assets of the Corporation all in accordance with provisions of the Act;

(b) No part of any Reserve Fund shall be used except for the purpose for which the fund was established. The Reserve Fund(s) shall constitute an asset of the Corporation and shall not be distributed to any Owner(s) except on termination of the Corporation in accordance with the provisions of the Act; and

(c) The Corporation shall commission a reserve fund study when required by the Act and shall thereafter conduct a review of its reserve fund study from time to time, but in no event less than every three (3) years, to determine whether the amount being allocated and set aside in the reserve fund(s) is sufficient to ensure the long term repair and replacement of the major capital assets and common elements of the Corporation.

2.4 Status Certificate

The Corporation shall provide a status certificate to any requesting party who has paid (in advance) the applicable fees charged by the Corporation for providing same, in accordance with the provisions of the Act, together with all accompanying documentation and information prescribed by the Act. The Corporation shall forthwith provide the Declarant (and/or any purchaser, transferee or mortgagee of a Unit from the Declarant) with a status certificate and all such accompanying documentation and information, as may be requested from time to time by or on behalf of the Declarant (or by any such purchaser, transferee or mortgagee) in connection with the Declarant's sale, transfer or mortgage of any Unit(s), all at no charge or fee to the Declarant or the person requesting same on behalf of the Declarant.

2.5 Utility Supplier

(a) The Corporation may contract for the purchase of water, hydro and/or gas (the "Utility" and/or "Utilities") from the appropriate local distribution companies or agency. Utility consumption in each Residential Unit shall be measured and invoiced by a sub-metering system installed and operated by a third party supplier (the "Utility Suppliers").

(b) Any meters installed by a Utility Supplier shall not form part of the common elements of the Condominium and shall be owned by the Utility Supplier at all times.

(c) Owners shall receive and be responsible for, payment of the invoice with respect to the Utility consumption for his/her Unit. The Owners shall remit payment to the Utility Suppliers for the Utility consumption, separate from any other obligations the Owners have with respect to payment of common expenses as an Owner within the Condominium. In the event that an Owner or occupant fails to pay any amount owing to the Utility Supplier when due, the Utility Supplier shall employ its normal collection practices which could include terminating the supply of utilities to the Unit until all amounts owing by such Owner or occupant to the Utility Supplier have been paid in full.

(d) Each Owner or occupant of a Unit shall enter into a supply and services agreement (the "Supply and Services Agreement") with each Utility Supplier in accordance with the Utility Supplier's standard form agreement. Each Owner or occupant of a Unit may be required to pay a security deposit to the Utility Supplier and the Utility Supplier shall have the right to conduct credit checks on each Owner or occupant of a Unit.

(e) Notwithstanding any other provisions of this Declaration, the Corporation and each applicable Owner authorizes entry to Units and the Common Elements by the Utility Suppliers or their subcontractors from time to time, as deemed necessary by the Utility Suppliers for the purposes of conducting inspection, maintenance, repair and reading of the submeters. Work that is required within a Unit or Common Elements (including exclusive use Common Elements) in order to facilitate the usage and operation of any submetering system is also permitted and authorized upon not less than twenty-four (24) hours' notice to the Owner of the Unit if access to the Unit is required except in the case of emergency, whereupon no notice is required.

(f) The Utility Supplier may be entitled, subject to complying with all other laws and regulations, to stop the supply of the Utilities to any Unit where payments owing for same are in arrears.

ARTICLE III — COMMON ELEMENTS

3.1 Use of Common Elements

Subject to the provisions of the Act, this Declaration, the By-laws and any Rules, each Owner has the full use, occupancy and enjoyment of the whole or any parts of the Common Elements, except as herein otherwise provided.

However, save and except as expressly provided or contemplated in this Declaration to the contrary, no condition shall be permitted to exist, and no activity shall be carried on, within any Unit or upon any portion of the Common Elements that:

(a) will result in a contravention of any term or provision set out in the Act, this Declaration, the By-laws and Rules of the Corporation;

(b) is likely to damage the property of the Condominium, injure any person, or impair the structural integrity of any Unit or Common Elements area;

(c) will unreasonably interfere with the use and enjoyment by the other Owners of the Common Elements and/or their respective Units;

(d) may result in the cancellation (or threatened cancellation) of any policy of insurance obtained or maintained by the Corporation, or that may significantly increase any applicable insurance premium(s) with respect thereto, or any deductible portion in respect of such policy; or

(e) would lead to a contravention by the Corporation or by other Owners of the Applicable Zoning By-laws or of any terms or provisions of any agreements with any municipal or other governmental authority and which are registered on title to the Property or which otherwise affect the Property ("Development Agreements") or which would require obtaining the consent or approval of any person pursuant to the terms of the Development Agreements.

No one shall, by any conduct or activity undertaken in or upon any part of the Common Elements, impede, hinder or obstruct any right, privilege, easement or benefit given to any party, person or other entity pursuant to this Declaration, any By-law and/or the Rules.

Save as otherwise provided for in this Declaration, no sign, advertisement or notice of any type shall be inscribed, painted, affixed or displayed on the Common Elements except for signs marketing the Condominium or any other condominium or other developments marketed by the Declarant and/or its related companies.

3.2 Exclusive Use Common Elements

Subject to the provisions of and compliance with the Act, this Declaration, the By-laws and the Rules, the Owners of Unit(s) listed in Schedule "F" attached hereto shall have the exclusive use and enjoyment of those parts of the Common Elements more particularly described in Schedule "F" which are respectively allocated to the Unit(s). The following shall apply to the exclusive use Common Elements areas of the Condominium:

(a) Owners shall only be permitted to locate and maintain outdoor furniture on exclusive use Common Element Areas (including patios, balconies and terraces) if approved by the Board and permitted under the Rules and regulations of the Condominium set by the Board from time to time.

(b) In the event of any contravention of the prohibitions contained in subparagraph 3.4(a) below, or, with respect to exclusive use Common Elements areas, contravention of the provisions of this Declaration, the By-laws or the Rules, after provision of reasonable written notice to the Owner of the Unit to which the exclusive use Common Element area pertains, the Board or any person that the Board may direct shall have the right to access and enter upon such exclusive use Common Element area and to do or cause any act to return such exclusive use Common Element area to its original condition at the Owner's expense.

(c) Each Owner, upon the Corporation's request, shall provide to the Corporation or to any of its authorized workmen, servants, agents or contractors access to and use of the exclusive use Common Elements for the purpose of facilitating the maintenance and repair of any other part of the Common Elements, any other Unit or any other part of the Building and, in particular, and without limiting the generality of the foregoing, for the purpose of installing or operating window washing equipment, scaffolding and a swingstage (in order to facilitate the cleaning of all windows exterior to the Residential Units not accessible by any entryway, patio, balcony or terrace), where applicable. No Owner shall in any way alter, remove or obstruct the window washing anchors located on the exclusive use Common Elements.

3.3 Restricted Access

(a) Without the consent in writing of the Board, no Owner shall have the right of access to those parts of the Common Elements used from time to time for the care, maintenance or operation of the Property or any part thereof as designated by the Board, from time to time.

(b) Without limiting the foregoing, no Owner shall have the right to access the roof (except for the rooftop amenity area and any area of any exclusive use roof terrace), the Mechanical/Electrical room, or the Sprinkler and Meter Room on Level A, the area surrounding the Hydro Vault and Transformer and Grounding Grid area at grade (Level 1), and the Mechanical Room on the roof.

(c) This paragraph 3.3 shall not apply to any mortgagee holding mortgages on at least thirty percent (30%) of the Units who shall have a right of access for inspection upon forty-eight (48) hours' notice to the Corporation or its property manager.

3.4 Modifications of Common Elements, Assets and Services

(a) General Prohibition

No Owner shall make any change or alteration to the Common Elements (including exclusive use Common Elements) whatsoever, including any installation(s) thereon, nor alter, decorate, renovate, maintain or repair any part of the Common Elements (except for maintaining those parts of the Common Elements which he or she has a duty to maintain in accordance with the provisions of this Declaration) without obtaining the prior written approval of the Board and having entered into an agreement with the Corporation in accordance with section 98 of the Act.

(b) Non-Substantial Additions, Alterations and Improvements by the Corporation

The Corporation may make a non-substantial addition, alteration, or improvement to the Common Elements, a non-substantial change in the assets of the Corporation or a non-substantial change in a service that the Corporation provides to the Owners in accordance with subsections 97(2) and (3) of the Act.

(c) Substantial Additions, Alterations and Improvements by the Corporation

The Corporation may, by a vote of Owners who own at least sixty-six and two thirds (66⅔%) percent of the Units, make a substantial addition, alteration or improvement to the Common Elements, a substantial change in the assets of the Corporation or a substantial change in a service the Corporation provides to the Owners in accordance with subsections 97(4), (5) and (6) of the Act.

3.5 Declarant Rights

Notwithstanding anything provided in this Declaration to the contrary, and notwithstanding any Rules or By-laws of the Corporation hereafter passed or enacted to the contrary, it is expressly stipulated and declared that:

(a) the Declarant or a subsidiary body corporate, holding body corporate or affiliated body corporate of the Declarant and its authorized agents, representatives and/or invitees shall have free and uninterrupted access to and egress from the Common Elements, including access to and use of all or any portion of the amenity areas, and the Parking Units for the purposes of implementing, operating and/or administering the Declarant's marketing, lease, sale, construction, financing and/or customer-service program(s) with respect to any unsold Units in this Condominium;

(b) the Declarant or a subsidiary body corporate, holding body corporate or affiliated body corporate of the Declarant and its authorized agents or representatives shall be entitled to erect and maintain signs and displays for marketing/sale/lease purposes, as well as model suites and one or more offices for marketing, sales, leasing, construction and/or customer-service purposes, upon any portion of the Common Elements, and within or outside any unsold Units, at such locations and having such dimensions as the Declarant may determine in its sole and unfettered discretion, all without any charge to the Declarant for the use of the space(s) so occupied, nor for any utility services (or any other usual or customary services) supplied thereto or consumed thereby, nor shall the Corporation (or anyone else acting on behalf of the Corporation) prevent or interfere with the provision of utility services (or any other usual or customary services) to the Declarant's marketing/sales/construction/customer-service office(s) and said model suites; and

(c) the Corporation shall ensure that no actions or steps are taken by anyone which would prohibit, limit or restrict the access and egress of the Declarant or a subsidiary body corporate, holding body corporate or affiliated body corporate of the Declarant and its authorized agents, representative and/or invitees over the Common Element areas of this Condominium, including the amenity areas;

until such time as the Declarant or any subsidiary or affiliate thereof has transferred all of the Units in the Condominium.

3.6 Visitor Parking

The visitor parking spaces (the "Visitor Parking Spaces") shall form part of the Common Elements and may not be leased or sold to any Owner or otherwise assigned. The Visitor Parking Spaces shall be maintained by the Corporation and shall be used for the parking of motor vehicles by visitors to the Residential Units and visitors and patrons of the Commercial Units during business hours only, and shall not be used by any Owner for any other purpose whatsoever. The Visitor Parking Spaces shall be designated as visitor parking by means of clearly visible signs. The Declarant, its construction, sales, customer service and management personnel, agents, sub-trades, invitees and prospective purchasers, may park motor vehicles within the Visitor Parking Spaces until such time as title to all Residential Units in the Condominium have been conveyed by the Declarant. Two (2) of the Visitor Parking Spaces shall be Accessible Parking Units.

The Accessible Parking Spaces shall be subject to the following:

In the event that a person with a disability, as defined in the regulations pursuant to the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended from time to time, including a driver whose licence plate incorporates the international symbol of access for persons with a disability, purchases or leases a Parking Unit which is not an Accessible Parking Unit, and one of the Accessible Parking Units is designated as part of the Visitor Parking, then such person with a disability shall be permitted to utilize one of the Accessible Parking Units instead of its Parking Unit for the full period of the person with a disability's ownership or lease of the Parking Unit. This right is only available on a first-come-first-served basis. The unused Parking Unit shall be usable for Visitor Parking at the discretion of the Board in this case.

3.7 Storage of Refuse

Storage of refuse shall only be permitted within the designated refuse storage areas on the Property and in accordance with all requirements of applicable governmental authorities, this Declaration and the Rules of the Corporation from time to time.

3.8 Pets

No animal, livestock or fowl, other than household domestic pets as permitted pursuant to Article IV of this Declaration, is permitted to be on or about the Common Elements, including the exclusive use Common Elements, except for ingress to and egress from a Unit. All dogs and cats must be kept under personal supervision and control and held by leash at all times during ingress to and egress from a Unit and, while on the Common Elements of the Building or on the grounds. Notwithstanding the generality of the foregoing, no pet deemed by the Board, in its sole and absolute discretion, to be a danger or a nuisance to the residents of the Corporation is permitted to be on or about the Common Elements. Notwithstanding the foregoing, no pet classified as an "attack dog" by the Condominium Corporation, in its sole and unfettered discretion, shall be permitted to be kept in any Unit and/or on the Common Elements in the Condominium at any time.

3.9 Bicycle Parking Spaces

Use of Bicycle Parking Spaces shall be allocated on an exclusive use basis to be managed by the Board.

ARTICLE IV — UNITS

4.1 General Use

The occupation and use of the Units shall be in accordance with the following restrictions and stipulations:

(a) No Unit shall be occupied or used by an Owner or anyone else, in such a manner as is likely to damage or injure any person or property (including any other Units in the Condominium or any portion of the Common Elements) or in a manner that will impair the structural integrity, either patently or latently, of the Units in the Condominium, the Common Elements, or in a manner that will unreasonably interfere with the use or enjoyment by other Owners of the Common Elements or their respective Units, or that may result in the cancellation or threat of cancellation of any insurance policy referred to in this Declaration or that may increase any insurance premiums with respect thereto, or in such a manner as to lead to a breach by an Owner or by the Corporation of any provisions of this Declaration, the By-laws, and/or any agreement authorized by By-law. If the use made by an Owner of a Unit, other than the Declarant (except as is contemplated in this Declaration or in the By-laws, or in any agreement authorized by By-law) causes injury to any person or causes latent or patent damage to any Unit or to any part of the Common Elements, or results in the premiums of any insurance policy obtained or maintained by the Corporation being increased, or results in such policy being cancelled, then such Owner shall be personally liable to pay and/or fully reimburse the Corporation for all costs incurred in the rectification of the aforesaid damages, and for such increased portion of the insurance premiums so payable by the Corporation (as a result of such Owner's use) and such Owner shall also be liable to pay and/or fully reimburse the Corporation for all other costs, expenses and liabilities suffered or incurred by the Corporation as a result of such Owner's breach of the foregoing provisions of this subparagraph and such Owner shall pay with his or her next monthly contribution towards the common expenses after receipt of a notice from the Corporation, all increases in premiums in respect of such policy or policies of insurance. All payments pursuant to this clause are deemed to be additional contributions towards common expenses and recoverable as such;

(b) Each Owner shall comply, and shall require all members of his or her family, occupants, tenants, invitees, servants, agents, contractors and licensees of his or her Unit to comply with the Act, the Declaration, the By-laws, and all agreements authorized by By-law and the Rules;

(c) No exterior aerial, antenna or satellite dish shall be placed on the Property, including Units and Common Elements. Notwithstanding the foregoing, the provider of a utility may be permitted, subject to the consent of the Board, which shall not be arbitrarily withheld, to erect a satellite dish provided it is used to provide common television or telecommunications services to Owners or the Common Elements;

(d) Except as further provided, no Unit or other exclusive use areas appurtenant thereto shall be used for barbecuing except as set out herein. Barbecuing is only permitted on ground floor patios, balconies and rooftop terraces using the natural gas hookups. It is otherwise strictly prohibited in all Units, Common Elements and exclusive use Common Elements. The storage or use of any combustible materials is also strictly prohibited anywhere on the Property, other than the natural gas hookups on the ground floor patios, balconies and rooftop terraces.

(e) No Owner shall do or permit anything to be done or installed on any patio, balcony, terrace or exclusive use area which by reason of its weight, size, or use may overload a patio, balcony, terrace or exclusive use area, including but not limited to hot tubs, wading pools, pot(s), planter(s) or other structure(s). Any plants, shrubbery or flowers shall not be permitted to grow so profusely or abundantly that it encroaches into or onto any other Units or exclusive use Common Element areas;

(f) No Owner shall place, leave or permit to be placed or left on the Property any debris, refuse or garbage, save as permitted by the Rules; and

(g) No Owner shall alter the grade of the Property or install any landscaping or other improvements on or to the Unit which may obstruct the drainage pattern of the Property as determined by the Board in its sole discretion.

4.2 Residential Units

The occupation and use of the Residential Units shall be in accordance with the following restrictions and stipulations:

(a) Each Residential Unit shall be occupied and used in accordance with the Applicable Zoning By-laws pertaining to the Property and for no other purpose whatsoever. The number of individuals who may occupy a Residential Unit shall be the same as the number permitted by the local municipal by-laws from time to time. The foregoing shall not prevent the Declarant from completing the Building and all improvements to the Property, maintaining Residential Units as models for display and sale purposes, and otherwise maintaining construction offices, displays and signs for marketing/sales/leasing purposes upon the Common Elements, and within or outside any unsold Unit, until all Units in the Corporation have been conveyed by the Declarant, or its related companies;

(b) No sign, advertisement or notice of any type shall be inscribed, painted, affixed or displayed on any part of the inside or outside of any Residential Unit, except for signs marketing the Property or the Corporation or Units contained therein for sale by Owners;

(c) No animal, livestock, fowl, insect, reptile or pet of any kind other than general household, domestic pets defined as follows: two (2) dogs; or two (2) cats; or one (1) dog and one (1) cat; or not more than two (2) small caged birds; or an aquarium of fish; or two (2) small caged animals usually considered to be a pet, shall be kept or allowed in any Unit. No pet which is deemed by the Board or the property manager, in their absolute discretion, to be a nuisance shall be kept by any Owner in any Unit. Such Owner shall, within two (2) weeks of receipt of a written notice from the Board requesting the removal of such pet, permanently remove such pet from the Residential Unit and the Common Elements. Notwithstanding the generality of the foregoing, no pet deemed by the Board in its sole and absolute discretion, to be a danger to the residents of the Corporation shall be permitted in any Unit or the Common Elements. No breeding of animals for sale shall be carried on, in or around any Unit;

(d) In the event the Board determines, in its sole discretion, acting reasonably, that any noise, odour or offensive action is being transmitted to another Unit or the Common Elements and that such noise, odour or offensive action is an annoyance and/or a nuisance and/or disruptive (regardless of whether that Unit is adjacent to or wherever situated in relation to the offending Unit), then the Owner of such Unit shall at his or her own expense take such steps as shall be necessary to abate such noise, odour or offensive action to the satisfaction of the Board. In the event the Owner of such Unit fails to abate the noise, odour or offensive action, the Board shall take such steps as shall be necessary to abate the noise, odour or offensive action and the Owner shall be liable to the Corporation for all expenses incurred by the Corporation in abating the noise, odour or offensive action, which expenses are to include reasonable solicitor's fees on a full indemnity basis and shall be deemed to be additional contributions to Common Expenses and recoverable as such;

(e) No change shall be made in the colour of any exterior glass, window, door or screen of any Unit except with the prior written consent of the Board. Each Owner shall ensure that nothing is affixed, attached to, hung, displayed or placed on the exterior walls, including awnings and/or storm shutters, doors or windows of the Building, nor shall an Owner grow any type of plant, shrubbery, flower, vine or grass outside his or her Unit, except with the prior written consent of the Board, and further, when approved, subject to the rules. All shades or other window coverings shall be white or off-white when visible from the outside and all draperies shall be lined in white or off-white to present a uniform appearance to the exterior of the Building. Without limiting the generality of the foregoing, flags, banners, sheets, slogans, foil, wood, plastic or metal painted or unpainted, shall not be affixed, attached to, hung, displayed or placed in any manner in any window. No clothesline or similar device shall be allowed on any portion of the Property nor shall clothes or other laundry be hung anywhere on the Property;

(f) Save and except as otherwise provided in this Declaration to the contrary, no Residential Unit Owner having exclusive use of any entryway, patio, balcony or roof terrace area shall alter or repair said entryway, patio, balcony or roof terrace area, nor apply any paint, stucco, wallpaper, varnish, stain or other materials or finishes to any portion thereof (nor to any portion of the exterior window glazing), nor alter or change the colour texture and/or materials constituting same, without the prior written consent of the Board;

(g) No Owner of a Residential Unit shall make any change, addition, modification or alteration, except for any change, addition, modification or alteration which is solely decorative in nature, in or to his or her Residential Unit without the prior written consent of the Board, which consent shall be in the sole and unfettered discretion of the Board and may be subject to such conditions as may be determined by the Board. Without limiting the generality of the foregoing, no floor, door or window, toilet, bath tub, wash basin, sink, heating, plumbing or electrical installation contained in or forming part of a Unit shall be installed, removed, extended or otherwise altered without the prior written consent of the Board, but the provisions of this subparagraph shall not require any Owner to obtain the consent of the Corporation for the purpose of painting or decorating the surface of any wall, floor or ceiling which is within any Unit;

(h)

(i) For the purpose of this subparagraph, "Vertical Party Wall" means a vertical wall constructed along the boundary between two (2) Residential Units shown in the Description as a vertical plane. Where and to the extent that concrete, concrete block or masonry portions of walls or columns located within the Residential Unit are not load-bearing walls or columns, and contain no service conduits that service any other Unit or the Common Elements, an Owner may, upon executing an agreement pursuant to Section 98 of the Act, with the prior written consent of the Board which may attach any reasonable conditions to the said agreement, including obtaining the approval of the insurer of the Property and the Owner's written agreement to indemnify and save the Corporation harmless from and against any and all costs, expenses, damages, claims, and/or liabilities which the Corporation may suffer or incur as a result of or in connection with such work:

    A. erect, remove or alter any internal walls or partitions within his or her Residential Unit; or

    B. where he or she is the Owner of two (2) or more adjoining Residential Units, erect, remove or alter along all or part of those portions of the vertical boundaries of each of such adjoining Residential Units shown in the Description as a line or plane, any Vertical Party Wall between his or her Residential Unit and such adjoining Residential Unit, or any soundproofing or insulating material on his or her Residential Unit side of such Vertical Party Wall;

    (ii) Prior to performing any work which an Owner is entitled to perform pursuant to subparagraph (i) above, the Owner shall lodge with the Board the drawings and specifications detailing the location, materials and method of construction and installation of such work, together with a certificate addressed to the Corporation from a duly qualified architect and/or structural engineer certifying that if the work is carried out in accordance with the drawings and data so lodged with the Board, the structural integrity of the Common Elements will not be impaired and such work will not interfere with or impair any structure where there is functioning or operating machinery and equipment which is part of the Common Elements;

    (iii) All work performed under subparagraph (i) above will be carried out in accordance with:

        A. the provisions of all relevant municipal and other governmental by-laws, rules, regulations or ordinances;

        B. the provisions of the By-Laws of the Corporation and the Rules or other conditions, if any, of approval by the Board; and

        C. the drawings, specifications and data lodged with the Board;

    (iv) Forthwith following the completion of any work which an Owner is entitled to perform pursuant to this subparagraph (h), the Owner shall deliver a further certificate from the said architect and/or engineer, or such other architect and/or engineer as may be acceptable to the Board, certifying that the work has in fact been completed in accordance with the drawings and data previously lodged with the Board, the structural integrity of the Common Elements has not been impaired, and that such work has not interfered with or impaired any structure functioning or operation of any machinery and equipment which is part of the Common Elements; or failing such certifications, specifying in reasonable detail the reasons why such certification cannot be made; and

    (v) Notwithstanding the removal of the whole or any portion of any demising or partition wall as aforesaid, the Residential Unit and the adjoining Residential Unit thereto shall still constitute two separate Residential Units, as set out in the Description and all obligations of the Owners of the said two adjoining Residential Units, whether arising under the Act, the Declaration, the By-Laws or the Rules of the Condominium, shall remain unchanged.

4.3 Parking Units

(a) Each Single Parking Unit and Tandem Parking Unit shall be used and occupied only for the parking of motor vehicles as may be from time to time defined in the Rules of the Corporation. Without limiting any narrower definition of a motor vehicle as may hereafter be imposed by the board, the term "motor vehicle", when used in the context of Single Parking Units and Tandem Parking Units, shall be restricted to a private passenger automobile, motorcycle, station wagon, small sport utility vehicle or compact minivan and shall exclude any type of commercial vehicle or truck, and any trailer, recreational vehicle, motor-home, boat and/or snowmobile (and such other motor vehicles as the Board may determine, from time to time).

(b) It shall be the responsibility of the Owners to ensure that their vehicles can be properly operated and/or parked in the parking structure within the Property. The Owner of a Parking Unit, may park one (1) motor vehicle within the boundaries of such Single Parking Unit or two (2) within a Tandem Parking Unit, provided however that in no instance shall any portion of any motor vehicle so parked within a Single Parking Unit or Tandem Parking Unit protrude beyond the boundaries thereof or encroach upon any portion of the Common Elements. Each Owner shall maintain his or her Parking Unit in a clean and sightly condition, notwithstanding that the Corporation may make provision in its annual budget for cleaning of the underground garage.

(c) The Declarant, at its option, shall have the right to use and allow its customer service staff, sales staff, authorized personnel or any prospective purchaser or tenant to use any unsold Parking Units.

(d) Any or all of the Parking Units in this Condominium may at any time be sold, leased, charged, transferred or otherwise conveyed, either separately or in combination with any of the Residential Units, provided however, that any sale, transfer, assignment, lease or other conveyance of any Parking Unit shall be made only to the Declarant or to the Corporation, or to any Owner of a Residential Unit in this Corporation. Parking Units may be leased to tenants in actual occupation of Residential Units subject to the provisions in this Article IV of the Declaration.

(e) Notwithstanding the provisions of this paragraph, in the event the Corporation becomes the Owner of any of the Parking Units the Board may, from time to time, designate the said Units for alternate uses, provided that such alternate use is in accordance with the requirements and the by-laws of the Town of Oakville and approved by the requisite number of Owners at a meeting duly called for that purpose.

(f) No Owner, other than the Declarant, or a related party, shall retain ownership of a Parking Unit after such Owner has sold or conveyed title to all his or her Residential Units.

(g) Any instrument or other document purporting to effect a sale, transfer, assignment or other conveyance of any Parking Unit, in contravention of any of the foregoing provisions of this section, shall be null and void and of no force or effect whatsoever.

(h) The Condominium or any applicable governmental authority shall have the right and license for access and for ingress and egress over any of the Parking Units for the purposes of the installation, maintenance, repair, and/or replacement of underground storm and sanitary sewer pipes, gas pipes, water lines, sprinkler systems, hydro electric wires, cables, emergency generators and transformer vaults, underground telephone and television cables and fire alarm conduits, or for any other purpose required by the Corporation or any applicable governmental authority.

4.4 Leasing of Units

Notification of Lease:

(a) No Owner shall lease his or her Unit unless they cause the tenant to deliver to the Corporation an agreement signed by the tenant, to the following effect:

(b) Where an Owner leases his or her Unit, the Owner shall within thirty (30) days of entering into a lease or a renewal thereof:

    (i) notify the Corporation that the Unit is leased;

    (ii) provide the Corporation with the lessee's name, the Owner's address and a copy of the lease or renewal or a summary of it in accordance with Form 5 as prescribed by Section 40 of Regulation 49/01;

    (iii) provide the lessee with a copy of the Declaration, By-laws and Rules of the Corporation;

(c) If a lease of the Unit is terminated and not renewed, the Owner shall notify the Corporation in writing.

(d) No tenant shall be liable for the payment of common expenses unless notified by the Corporation that the Owner is in default of payment of common expenses, in which case the tenant shall deduct, from the rent payable to the Owner, the Owner's share of the common expenses and shall pay the same to the Corporation.

(e) Any Owner leasing his or her Unit shall not be relieved thereby from any of his or her obligations with respect to the Unit, which shall be joint and several with his or her tenant.

(f) The term of any lease of a Parking Unit shall terminate immediately upon the tenant ceasing to reside in the Condominium.

ARTICLE V — MAINTENANCE AND REPAIRS

5.1 Repairs and Maintenance by Owner

(a) Each Owner shall maintain his or her Unit and those parts of the common elements of which they have exclusive use, and subject to the provisions of this Declaration, each Owner shall repair his or her Unit and exclusive use elements after damage and all improvements and betterments made or acquired by an Owner, all at his or her own expense. Each Owner shall be responsible for all damages to any and all other Units and the Common Elements which are caused by the failure of the Owner or those for whom the Owner is responsible to so maintain and repair the Unit. Without limiting the generality of the foregoing, each Owner shall maintain:

    (i) and repair the windows in Residential Units and interior and exterior surfaces of all windows and window sills contiguous to his or her Unit and which are accessible by the entryway, roof terrace, balcony or patio, together with the entryway, roof terrace, balcony or patio itself which has been designated as an exclusive use area in respect of such Unit; and shall be responsible for the costs incurred by the Corporation to repair damage to those windows on behalf of the Owner;

    (ii) all pipes, wires, cables, conduits, ducts and mechanical or similar apparatus, that supply any service to his or her Unit only;

    (iii) and repair the bathtub enclosures, tiles, shower fans, ceiling and exhaust fans and fan motors located in the kitchen and bathroom areas of the Unit;

    (iv) his or her Parking Unit in a clean and sightly condition, notwithstanding that the Corporation may make provision in its annual budget for the cleaning of the Parking Units;

    (v) his or her Locker Unit in a clean and sightly condition;

    (vi) the exclusive use portions of the Common Elements associated with all Units, including any patios, balconies, terraces, entryways and/or walkways (other than structural repairs) to which the Unit has direct access (if such Owner's Unit has been allocated an exclusive use area(s)) in a clean and sightly condition, provided that such maintenance and repairs are acceptable to the Condominium and by a contractor approved by the Condominium. For greater certainty, no Owner shall alter or repair any exclusive use common elements, nor apply any paint, stucco, wallpaper, varnish, stain or other finishes to any portion thereof, nor alter or change the colour, texture and/or materials constituting same, without the prior written consent of the Condominium. If an Owner defaults with respect to any of his/her obligations pursuant to this provision, then the Condominium may perform any of these functions and all costs and expenses incurred by the Condominium shall be paid by the defaulting Owner forthwith after written demand and such amount may be added to the monthly contributions towards Common Expenses applicable to such Owner only and shall be recoverable in the same manner as Common Expenses from such Owner (with corresponding lien rights in favour of the Condominium). Each Owner shall be responsible for any damage to the waterproofing, weatherproofing or insulation of any exclusive use balcony, roof terrace, patio, etc., caused by the Owner's negligence or willful misconduct and any resulting damage to any other Unit or the Common Elements of the Condominium; and

    (vii) gas fireplaces, if any, within the Unit, provided that only persons certified to repair gas appliances shall be allowed to perform such services.

(b) To the extent not covered under a lease of such equipment, each Owner shall further maintain, repair and replace the heating, air conditioning and ventilation equipment, including thermostatic controls contained within and servicing his or her Unit only (to and including the shut-off valve), such maintenance to include regularly scheduled inspections of all such equipment and each Owner shall ensure compliance with common industry practice with regard to the manufacturers' recommended maintenance program. Such periodic maintenance shall include the cleaning and replacement of air filters, provided however that all maintenance and repair work undertaken in connection therewith may be arranged by the Corporation if so determined by the Corporation, and in such case shall be carried out exclusively by the Corporation's authorized agents, representatives, employees and/or retained contractors or subcontractors, but shall nevertheless be paid for by the affected Owner within 30 days of the Corporation's presentation of an invoice for same. The Corporation may make provision in its annual budget for the maintenance and repair of the heating, ventilation and air-conditioning system, servicing each Unit, including the replacement of air filters, whereupon such costs shall be allocated as part of the Common Expenses. Each Owner shall be liable for any damage to the Unit and/or Common Elements due to the malfunction of such equipment caused by the act or omission of an Owner, his servants, agents, tenants, family or guests. No Owner shall make any change, alteration or addition in or to such equipment without the prior written consent of the Board.

(c) The Corporation shall conduct such maintenance and make any repairs that an Owner is obliged to make and that the Owner does not make within a reasonable time and in such an event, such Owner shall be deemed to have consented to having said maintenance and repairs done by the Corporation, and such Owner shall reimburse the Corporation in full for the cost of such maintenance and repairs, plus a fifteen (15%) per cent administration fee, any legal or collection costs incurred by the Corporation to collect the costs of such maintenance and repairs, and all such sums of money shall bear interest at the rate of eighteen (18%) per cent per annum, calculated monthly not in advance from the date or dates incurred, until paid by the Owner. The Corporation may collect all such costs in such instalments as the Board may decide upon. The instalments shall form part of the monthly contributions towards the Common Expenses of such Owner, after the Corporation has given written notice thereof. All such payments are deemed to be additional contributions towards the Common Expenses and recoverable as such.

(d) The Corporation shall maintain and repair the doors which provide the means of ingress to and egress from Residential Units, though Owners shall be required to reimburse the Corporation for the cost of and repair of any damage to those doors, locking mechanisms, screens and/or keypads caused by the negligence of the Owner, residents, family members, guests, tenants, licensees or invitees to his or her Unit.

5.2 Responsibility of Owner for Damage

Each Owner shall be responsible for all damage to any and all other Units and to the Common Elements, which is caused by the failure of the Owner, his or her occupants, family members, guests, visitors, tenants, licensees or invitees to his or her Unit, to so maintain and repair his or her Unit and such parts of the Common Elements for which he or she is responsible, or caused by the negligence or wilful misconduct of the Owner, his or her occupants, tenants, licensees, or invitees, save and except for any such damage for which the cost of repairing same may be recovered under any policy of insurance held by the Corporation.

5.3 Repair and Maintenance by Corporation

(a) Save as otherwise specifically provided in this Declaration to the contrary, the Corporation shall maintain, and repair after damage, the Common Elements, other than any improvements to (and/or any facilities, services or amenities installed by any Owner upon) any Common Element areas set aside for the exclusive use of any Owner. In order to maintain a uniformity of appearance throughout the Corporation, the Corporation's duty to maintain and repair shall extend to all exterior perimeter walls/fencing erected by the Declarant along the boundaries of the Property.

(b) The Corporation shall at its own expense maintain and repair the Parking Units, Tandem Parking Units and the Common Elements and shall be responsible for the maintenance and repair of exclusive use Common Elements, except to the extent that the aforesaid Units and Common Elements which are required to be maintained and repaired by the Owners pursuant to paragraph 5.1 or otherwise set out in this Declaration.

(c) Notwithstanding anything provided in paragraph 5.3(a) hereof to the contrary, it is understood and agreed that each Owner of a Residential Unit shall be responsible for the maintenance of all interior door and window surfaces within his or her Residential Unit.

(d) Every Owner shall forthwith reimburse the Corporation for repairs to windows and doors serving his or her Unit, following damage to same.

(e) While Owners are responsible for the replacement and repair of the heating, air conditioning and ventilation equipment to the extent the same is not covered by the terms of any equipment lease, the Corporation may conduct such periodic maintenance to include regularly scheduled inspections of all such equipment and the cleaning and replacement of air filters, subject to 5.1(b) above. The Corporation shall not be responsible for damage which arises as a result of premature failure, improper functioning and/or inadequate repair.

(f) The Corporation shall, if applicable, further maintain, repair and replace the cooling tower and sump pumps (if applicable) and related equipment, which is contained within and is designated as part of the Common Elements, such maintenance to include regularly scheduled inspections of all such equipment, the timing and frequency of such inspections to be determined by and under the direction of the Board.

(g) The Corporation shall be responsible for repairing and/or replacing all door locks respectively leading into each of the Residential Units and ensuring same are keyed to the Corporation's master key entry system.

(h) The Corporation shall be responsible for the cost of maintaining boulevards fronting and/or flanking the Property as may be required by any applicable governmental authority, including all landscape features and the Condominium's irrigation system, if any, except that every Owner shall forthwith reimburse the Corporation for the cost of repairs to the irrigation system caused by such Owner's negligence or the negligence of his or her residents, tenants, invitees or licensees.

(i) The Corporation shall be responsible for the cost of maintaining, repairing and replacing (if necessary) all stormwater management facilities, retaining walls, parking and loading surfaces, curbing, landscaping, walkways, access ramps, driveways, fencing, garbage enclosures, roof top mechanical elements, lighting and signage.

ARTICLE VI — INDEMNIFICATION

6.1 Each Owner shall indemnify and save harmless the Corporation from and against any loss, costs, damage, injury or liability whatsoever which the Corporation may suffer or incur resulting from or caused by an act or omission of such Owner, his family, guests, visitors or tenants to or with respect to the Common Elements and/or all other Units, except for any loss, costs, damages, injury or liability caused by an insured (as defined in any policy or policies of insurance) and insured against by the Corporation. All payments to be made by an Owner pursuant to this Article shall be deemed to be additional contributions toward common expenses payable by such Owner and shall be recoverable as such.

ARTICLE VII — INSURANCE

7.1 By the Corporation

The Corporation shall obtain and maintain to the extent obtainable, at reasonable cost, the following insurance, in one or more policies:

(a) "All Risk" Insurance: Insurance against "all risks" (including fire and major perils as defined in the Act) as is generally available from commercial insurers in a standard "all risks" insurance policy and insurance against such other perils or events as the Board may from time to time deem advisable, insuring:

    (i) the Property and Building, but excluding improvements made or acquired by an Owner; and

    (ii) all assets of the Corporation, but not including furnishings, furniture, or other personal property supplied or installed by the Owners;

in an amount equal to the full replacement cost of such real and personal property, and of the Units and Common Elements, without deduction for depreciation. This insurance may be subject to a loss deductible clause as determined by the Board from time to time, and which deductible shall be the responsibility of the Corporation in the event of a claim with respect to the Units and/or the Common Elements (or any portion thereof), provided however that if an Owner, tenant or other person residing in the Unit with the knowledge or permission of the Owner, through an act or omission causes damage to such Owner's Unit, or to any other Unit(s), or to any portion of the Common Elements, in those circumstances where such damage was not caused or contributed by any act or omission of the Corporation (or any of its directors, officers, agents or employees), then the amount which is equivalent to the lesser of the cost of repairing the damage and the deductible limit of the Corporation's insurance policy shall be added to the common expenses payable in respect of such Owner's Unit.

(b) Policy Provisions

Every policy of insurance shall insure the interests of the Corporation and the Owners from time to time, as their respective interests may appear (with all mortgagee endorsements subject to the provisions of the Act and this Declaration) and shall contain the following provisions:

    (i) waivers of subrogation against the Corporation, its directors, officers, manager, agents, employees and servants and against the Owners, and the Owners' respective occupants, tenants, invitees or licensees, except for damage arising from arson, fraud, vehicle impact, vandalism or malicious mischief caused by any one of the above;

    (ii) such policy or policies of insurance shall not be terminated or substantially modified without at least sixty (60) days prior written notice to the Corporation and to the Insurance Trustee, if applicable;

    (iii) waivers of the insurer's obligation to repair, rebuild or replace the damaged property in the event that after damage the government of the Property is terminated pursuant to the Act;

    (iv) waivers of any defence based on co-insurance (other than a stated amount co-insurance clause); and

    (v) waivers of any defence based on any invalidity arising from the conduct or act or omission of or breach of a statutory condition by any insured person.

(c) Public Liability Insurance: Public liability and property damage insurance, and insurance against the Corporation's liability resulting from breach of duty as occupier of the Common Elements insuring the liability of the Corporation and the Owners from time to time, with limits to be determined by the Board, but not less than TWO MILLION ($2,000,000.00) DOLLARS per occurrence and without right of subrogation as against the Corporation, its directors, officers, manager, agents, employees and servants, and as against the Owners and any member of the household or guests of any Owner or occupant of a Unit.

(d) Boiler, Machinery and Pressure Vessel Insurance

Insurance against the Corporation's liability arising from the ownership, use or occupation, by or on its behalf of boilers, machinery, pressure vessels and motor vehicles to the extent required as the Board may from time to time deem advisable.

7.2 General Provisions

(a) The Corporation, its Board and its officers shall have the exclusive right, on behalf of itself and as agents for the Owners, to adjust any loss and settle any claims with respect to all insurance placed by the Corporation, and to give such releases as are required, and any claimant, including the Owner of a damaged Unit, shall be bound by such adjustment. Provided, however, that the Board may in writing, authorize any Owner, in writing, to adjust any loss to his or her Unit;

(b) Every mortgagee shall be deemed to have agreed to waive any right to have proceeds of any insurance applied on account of the mortgage where such application would prevent application of the insurance proceeds in satisfaction of an obligation to repair. This subparagraph 7.2(b) shall be read without prejudice to the right of any mortgagee to exercise the right of an Owner to vote or to consent if the mortgage itself contains a provision giving the mortgagee that right;

(c) A certificate or memorandum of all insurance policies, and endorsements thereto, shall be issued as soon as possible to each Owner, and a duplicate original or certified copy of the policy to each mortgagee who has notified the Corporation of its interest in any Unit. Renewal certificates or certificates of new insurance policies shall be furnished to each Owner and to each mortgagee noted on the Record of the Corporation who have requested same. The master policy for any insurance coverage shall be kept by the Corporation in its offices, available for inspection by any Owner or mortgagee on reasonable notice to the Corporation;

(d) No insured, other than the Corporation, shall be entitled to amend any policy or policies of insurance obtained and maintained by the Corporation. No insured shall be entitled to direct that the loss shall be payable in any manner other than as provided in the Declaration and the Act;

(e) Where insurance proceeds are received by the Corporation or any other person rather than the Insurance Trustee, if applicable, they shall be held in trust and applied for the same purposes as are specified otherwise in Article VIII; and

(f) Prior to obtaining any new policy or policies of insurance and at such other time as the Board may deem advisable and also upon the request of a mortgagee or mortgagees holding mortgages on fifty (50%) per cent or more of the Units and in any event, at least every three (3) years, the Board shall obtain an appraisal from an independent qualified appraiser of the full replacement cost of the assets for the purpose of determining the amount of insurance to be effected and the cost of such appraisal shall be a Common Expense.

7.3 By the Owner

(a) It is acknowledged that the foregoing insurance is the only insurance required to be obtained and maintained by the Corporation and that the following insurance, must be obtained and maintained by each Owner at such Owner's own expense:

    (i) Insurance on any improvements to a Unit to the extent same are not covered as part of the standard unit for the class of unit to which the Owner's Unit belongs by the insurance obtained and maintained by the Corporation and for furnishings, fixtures, equipment, decorating and personal property and chattels of the Owner contained within the Unit and the personal property and chattels stored elsewhere on the Property, including automobiles, and for loss of use and occupancy of the Unit in the event of damage. Every such policy of insurance shall contain waiver(s) of subrogation against the Corporation, its directors, officers, manager, agents, employees and servants, and against the other Owners and any members of their household or guests except for any damage arising from arson, fraud, vehicle impact, vandalism or malicious mischief caused or contributed by any of the aforementioned parties;

    (ii) Public liability insurance covering any liability of any Owner or any resident, tenant, invitee or licensee of such Owner, to the extent not covered by any public liability and property damage insurance obtained and maintained by the Corporation; and

    (iii) Insurance covering the deductible on the Corporation's master insurance policy for which an Owner may be responsible.

(b) Owners are recommended to obtain, although it is not mandatory, insurance covering:

    (i) additional living expenses incurred by an Owner if forced to leave his or her Residential Unit by one of the hazards protected against under the Corporation's policy; and

    (ii) special assessments levied by the Corporation and contingent insurance coverage in the event the Corporation's insurance is inadequate.

7.4 Indemnity Insurance for Directors and Officers of the Corporation

The Corporation shall obtain and maintain insurance for the benefit of all of the directors and officers of the Corporation, if such insurance is reasonably available, in order to indemnify them against the matters described in the Act, including any liability, cost, charge or expense incurred by them in the execution of their respective duties (hereinafter collectively referred to as the "Liabilities"), provided however that such insurance shall not indemnify any of the directors or officers against any of the Liabilities respectively incurred by them as a result of a breach of their duty to act honestly and in good faith, or in contravention of the provisions of the Act.

ARTICLE VIII — INSURANCE TRUSTEE AND PROCEEDS OF INSURANCE

8.1 The Corporation is authorized to enter into an agreement with an Insurance Trustee which shall be a Trust Company registered under the Loan and Trust Corporations Act, or shall be a Chartered Bank, which agreement shall, without limiting its generality, provide the following:

(a) the receipt by the Insurance Trustee of any proceeds of insurance in excess of fifteen (15%) percent of the replacement cost of the property covered by the insurance policy;

(b) the holding of such proceeds in trust for those entitled thereto pursuant to the provisions of the Act, this Declaration, and any amendments thereto;

(c) the disbursement of such proceeds in accordance with the provisions of the Insurance Trust Agreement; and

(d) the notification by the Insurance Trustee to the mortgagees of any insurance monies received by it.

If the Corporation is unable to enter into such agreement with such Trust Company or such Chartered Bank, by reason of its refusal to act, the Corporation may enter into such agreement with such other Corporation authorized to act as a Trustee, as the Owners may approve by by-law at a meeting called for that purpose. The Corporation shall pay the fees and disbursements of any Insurance Trustee and any fees and disbursements shall constitute a Common Expense.

8.2 In the event that:

(a) the Corporation is obligated to repair or replace the Common Elements, any Unit, or any asset insured in accordance with the provisions of the Act, the Insurance Trustee shall hold all proceeds for the Corporation and shall disburse same in accordance with the provisions of the Insurance Trust Agreement in order to satisfy the obligation of the Corporation to make such repairs;

(b) there is no obligation by the Corporation to repair or replace, and if there is termination in accordance with the provisions of the Act, or otherwise, the Insurance Trustee shall hold all proceeds for the Owners in the proportion of their respective interests in the Common Elements and shall pay such proceeds to the Owners in such proportions upon registration of a notice of termination by the Corporation. Notwithstanding the foregoing, any proceeds payable as aforesaid shall be subject to payment in favour of any mortgagee or mortgagees to whom such loss is payable in any policy of insurance and in satisfaction of the amount due under a Certificate of Lien registered by the Corporation against such Unit, in accordance with the priorities thereof;

(c) the Board, in accordance with the provisions of the Act, determines that:

    (i) there has not been substantial damage to twenty-five (25%) per cent of the Building; or

    (ii) there has been substantial damage to twenty-five (25%) per cent of the Building and within sixty (60) days thereafter the Owners who own eighty (80%) per cent of the Units do not vote for termination,

the Insurance Trustee shall hold all proceeds for the Corporation and Owners whose Units have been damaged as their respective interests may appear and shall disburse same in accordance with the provisions of this Declaration and the Insurance Trust Agreement in order to satisfy their respective obligations to make repairs pursuant to the provisions of this Declaration and the Act.

ARTICLE IX — DUTIES OF THE CORPORATION

9.1 In addition to any other duties or obligations of the Corporation set out elsewhere in this Declaration and/or specified in the By-laws of the Corporation, the Corporation shall have the following duties, namely:

(a) To ensure that no actions or steps are taken by or on behalf of the Corporation or by any Owner which would in any way prohibit, restrict, limit, hinder or interfere with the Declarant's access and egress over any portion of the Property so as to enable the Declarant to construct, complete, maintain and repair the Building and to fulfill the Declarant's obligations to all governmental authorities. In this regard, the Declarant shall be permitted to erect hoarding or install tiebacks within the Common Elements of the Condominium or temporarily block portions of the Common Elements as necessary to complete the construction of the Condominium and the Building.

(b) To ensure that no actions or steps are taken by or on behalf of the Corporation, or by any Owner or their respective tenants, occupants, licensees or invitees which would prohibit, restrict, limit, hinder or interfere with the Declarant's ability to utilize any unsold Units and all portions of the Common Elements of this Condominium for its marketing/sale/construction programs in connection with any of the Condominium, as more particularly set out in the foregoing provisions of this Declaration.

(c) To enter into, abide by and comply with, the terms and provisions of any outstanding subdivision, condominium, site plan, development, encroachment or similar agreements as well as enter into a formal assumption agreement with the Town of Oakville or other Governmental Authorities relating thereto, if so required by the Town of Oakville or other Governmental Authorities.

(d) To take all reasonable steps to collect from each Owner his or her proportionate share of the common expenses and to maintain and enforce the Corporation's lien arising pursuant to the Act, against each Unit in respect of which the Owner has defaulted in the payment of common expenses.

(e) To grant, immediately after registration of this Declaration, if required, an easement in perpetuity in favour of utility suppliers or cable television operators, over, under, upon, across and through the Common Elements, for the purposes of facilitating the construction, installation, operation, maintenance and/or repair of utility or cable television lines or equipment (and all necessary appurtenances thereto) in order to facilitate the supply of utilities and cable television service to each of the Units in the Condominium and if so requested by the grantees of such easements, to enter into (and abide by the terms and provisions of) an agreement with the utility and/or cable television suppliers pertaining to the provision of their services to the Condominium and for such purposes shall enact such by-laws or resolutions as may be required to sanction the foregoing.

(f) To execute forthwith upon the request of the Declarant, all documents necessary to accept the transfer(s) of any easement(s) and to execute all requisite land transfer tax affidavits, etc., as may be required in order to register the aforementioned easements on title;

(g) To ensure that no actions or steps are taken by or on behalf of the Corporation, or by an Owner, or their respective tenants, occupants, licensees or invitees which would prohibit, limit or restrict the access to, egress from and/or use of any easement enjoyed by the Condominium.

(h) To accept and register within thirty (30) days of the Declarant's request, a Transfer/Deed of Land for any Units that the Declarant wishes to transfer to the Corporation (including but not limited to Parking Units and Tandem Parking Units) and to complete and execute all requisite documentation and affidavits necessary to effect the registration of such conveyance, all without cost to the Declarant.

(i) To execute forthwith upon the request of the Declarant following the transfer of title to those Units (or an undivided interest therein) as provided for in this Declaration, such documents, releases and assurances as the Declarant may reasonably require in order to evidence and confirm the formal cessation of all the Declarant's liabilities and obligations with respect to the Units so transferred to the Corporation (as same relate to the Corporation and for which the Declarant was responsible for prior to the registration of this Declaration);

(j) When the Corporation formally retains an independent consultant (who holds a certificate of authorization within the meaning of the Professional Engineers Act, R.S.O. 1990, c. P.28, as amended or replaced, or alternatively a certificate of practice within the meaning of the Architects Act, R.S.O. 1990, c. A.26, as amended or replaced) to conduct a performance audit of the Common Elements on behalf of the Corporation, in accordance with the provisions of section 44 of the Act and section 12 of O.Reg.48/01 (hereinafter referred to as the "Performance Audit"), at any time between the 6th month and the 10th month following the registration of this Declaration, then the Corporation shall have a duty to:

    (i) permit the Declarant and its authorized employees, agents and representatives to accompany (and confer with) the consultant(s) retained to carry out the Performance Audit for the Corporation (hereinafter referred to as the "Performance Auditor") while same is being conducted, and to provide the Declarant with at least fifteen (15) days written notice prior to the commencement of the Performance Audit; and

    (ii) permit the Declarant and its authorized employees, agents and representatives to carry out any repair or remedial work identified or recommended by the Performance Auditor in connection with the Performance Audit (if the Declarant chooses to do so);

for the purposes of facilitating and expediting the rectification and audit process (and bringing all matters requiring rectification to the immediate attention of the Declarant, so that same may be promptly dealt with), and affording the Declarant the opportunity to verify, clarify and/or explain any potential matters of dispute to the Performance Auditor, prior to the end of the 11th month following the registration of this Declaration and the corresponding completion of the Performance Audit and the concomitant submission of the Performance Auditor's report to the Board and Tarion Warranty Corporation pursuant to section 44(9) of the Act;

(k) To assume any leases, licences, easements or other similar agreements entered into by the Declarant for or on behalf of the Condominium; and

(l) To take all actions reasonably necessary as may be required to fulfil any of the Corporation's duties and obligations pursuant to this Declaration.

ARTICLE X — GENERAL MATTERS AND ADMINISTRATION

10.1 Rights of Entry to the Unit

(a) The Corporation or any insurer of the Property or any part thereof, or any of their respective agents, or any other person authorized by the Board, shall be entitled to enter any Unit or any part of the Common Elements over which any Owner has the exclusive use, at all reasonable times and upon giving reasonable notice, to perform the objects and duties of the Corporation, and, without limiting the generality of the foregoing, for the purpose of making inspections, adjusting losses, making repairs, correcting any condition which violates the provisions of any insurance policy and remedying any condition which might result in damage to the Property or any part thereof or carrying out any duty imposed upon the Corporation. In addition, the Corporation, its agents or any other person authorized by the Board of Directors shall be entitled to enter where necessary, any Unit or any part of the Common Elements over which the Owner of such Unit has the exclusive use, at such reasonable times and upon giving reasonable notice, to facilitate window washing and maintenance of the suites below. Owners shall not obstruct nor impede access to window washing anchors located within exclusive use Common Elements;

(b) In case of an emergency, an agent of the Corporation may enter a Unit at any time and this provision constitutes notice to enter the Unit in accordance with the Act for the purpose of repairing the Unit, Common Elements, including any part of the Common Elements over which any Owner has the exclusive use, or for the purpose of correcting any condition which might result in damage or loss to the Property. The Corporation or anyone authorized by it may determine whether an emergency exists;

(c) If an Owner shall not be personally present to grant entry to his Unit, the Corporation or its agents may enter upon such Unit without rendering it, or them, liable to any claim or cause of action for damages by reason thereof provided that they exercise reasonable care;

(d) The Corporation shall retain a master key to all locks controlling entry into each Unit. No Owner shall change any lock, or place any additional locks on the door(s) leading directly into his or her Unit (nor on any doors within said Unit), nor with respect to any door(s) leading to any part of the exclusive use Common Element areas appurtenant to such Owner's Unit, without the prior written consent of the Board. Where such consent has been granted by the Board, said Owner shall forthwith provide the Corporation with keys to all new locks (as well as keys to all additional locks) so installed, and all such new or additional locks shall be keyed to the Corporation's master key entry system; and

(e) The rights and authority hereby reserved to the Corporation, its agents, or any insurer or its agents, do not impose any responsibility or liability whatever for the care or supervision of any Unit except as specifically provided in this Declaration or the By-laws.

10.2 Invalidity

Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability in whole or in part of any one or more of such provisions shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration, and in such event all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein.

10.3 Waiver

The failure to take action to enforce any provision contained in the Act, this Declaration, the By-laws or any other Rules and regulations of the Corporation, irrespective of the number of violations or breaches which may occur, shall not constitute a waiver of the right to do so thereafter, nor be deemed to abrogate or waive any such provision.

10.4 Interpretation of Declaration

This Declaration shall be read with all changes of number and gender required by the context.

10.5 Headings

The headings in the body of this Declaration form no part of the Declaration but shall be deemed to be inserted for convenience of reference only.

IN WITNESS WHEREOF the Declarant has hereunto affixed its corporate seal under the hands of its proper officer duly authorized in that behalf.

DATED at Toronto, this 13 day of June, 2025

123 MAURICE DEVELOPMENTS LTD.

Per: [Signed]
Name: Jonathan Saguy
Title: Authorized Signing Officer

I/We have authority to bind the Corporation

SCHEDULE "A" — LEGAL DESCRIPTION OF THE LANDS

IN THE TOWN OF OAKVILLE, Province of Ontario, being composed of Part of Lot 16, Concession 3, Trafalgar, South of Dundas Street, being Part 1, Plan 20R-22444, referred to as the "Condominium Lands";

SUBJECT TO an easement in favour of Bell Canada over the Condominium Lands, for the purposes set out in Instrument HR2106805;

SUBJECT TO an easement in favour of Enbridge Gas Inc. over the Condominium Lands, for the purposes set out in Instrument HR2107574;

Being all of P.I.N. 24821-0236 (LT)

In my opinion, based on the parcel register and the plans and documents recorded therein, the legal description is correct, the described easements will exist in law upon the registration of the Declaration and description, and the Declarant is the registered owner of the property and appurtenant interests.

Dated at the City of Toronto, this 30th day of May, 2025

[Signed]
Megan L. MacKeigan
Anderson MacKeigan LLP
805 – 80 Richmond Street West
Toronto, Ontario
M5H 2A4
(Solicitor for the Declarant)

SCHEDULE "B" — CONSENT

(under clause 7(2)(b) of the Condominium Act, 1998)

1. The undersigned, WESTMOUNT GUARANTEE SERVICES INC., have a registered mortgage within the meaning of clause 7(2)(b) of the Condominium Act, 1998 registered as Instrument Number HR1807059 and a registered Notice registered as Instrument Number HR2086226 in the Land Registry Office for the Land Titles Division of Halton (No. 20).

2. The undersigned consents to the registration of this declaration, pursuant to the Act, against the land or the interests appurtenant to the land, as the land and the interests are described in the description.

3. The undersigned postpones the mortgage and related notice and the interests under it to the declaration and the easements described in Schedule "A" to the Declaration.

4. The undersigned is entitled by law to grant this consent and postponement.

DATED this 2nd day of May, 2025.

WESTMOUNT GUARANTEE SERVICES INC.

Per: [Signed]
Name: Marlon Brown
Title: Vice President, Underwriting

I/We have the authority to bind the Corporation.

(under clause 7(2)(b) of the Condominium Act, 1998)

1. The undersigned, MERIDIAN CREDIT UNION LIMITED, have a registered mortgage within the meaning of clause 7(2)(b) of the Condominium Act, 1998 registered as Instrument Number HR1806890 in the Land Registry Office for the Land Titles Division of Halton (No. 20).

2. The undersigned consents to the registration of this declaration, pursuant to the Act, against the land or the interests appurtenant to the land, as the land and the interests are described in the description.

3. The undersigned postpones the mortgage and the interests under it to the declaration and the easements described in Schedule "A" to the Declaration.

4. The undersigned is entitled by law to grant this consent and postponement.

DATED this 07th day of May, 2025.

MERIDIAN CREDIT UNION LIMITED

Per: [Signed]
Name: Kanwar Singh
Title: Director & Team Lead

Per: [Signed]
Name: Fyemto Iliya
Title: Relationship Manager

I/We have the authority to bind the Corporation.

SCHEDULE 'C' — UNIT BOUNDARIES

Each Residential Unit, Commercial Unit, Parking Unit, Tandem Parking Unit and Locker Unit shall comprise the area within the heavy lines shown on Part 1, Sheets 1 and 2 of the Description with respect to the unit numbers indicated thereon. The monuments controlling the extent of the Residential Units, Commercial Unit, Parking Units, Tandem Parking Units and Locker Units are the physical surfaces and planes referred to below, are illustrated on Part 1, Sheets 1 and 2 of the Description and all dimensions shall have reference to them.

Without limiting the generalities of the foregoing, the boundaries of each Unit are as follows:

1. BOUNDARIES OF THE RESIDENTIAL UNITS

(Being Units 1 to 6 inclusive on Level 1; Units 1 to 17 inclusive on Level 2; Units 1 to 18 inclusive on Level 3; Units 1 to 14 inclusive on Level 4)

a) Each Residential Unit shall be bounded vertically by:

    i) The upper surface and plane of the concrete floor slab and/or the production thereof.

    ii) The lower surface and plane of the concrete slab and/or the horizontal production thereof.

b) Each Residential Unit shall be bounded horizontally by one or a combination of:

    i) The backside face of drywall sheathing and production thereof.

    ii) The unfinished unit side surface and plane of the exterior doors and windows (said doors and windows being in a closed position), door and window frames and the unit side surface of any glass or acrylic panels located therein.

In the vicinity of suspended ceilings, bulkheads, ducts, pipe spaces and concrete columns, the unit boundaries are the back side face of the drywall sheathing enclosing said suspended ceilings, bulkheads, ducts, pipe spaces and masonry structural columns and walls.

2. BOUNDARIES OF THE COMMERCIAL UNIT

(Being Unit 7 on Level 1)

a) The Commercial Unit shall be bounded vertically by:

    i) The upper surface and plane of the concrete floor slab and/or the production thereof.

    ii) The lower surface and plane of the concrete slab and/or the horizontal production thereof.

b) The Commercial Unit shall be bounded horizontally by one or a combination of:

    i) The backside face of drywall sheathing and production.

    ii) The condominium boundary.

In the vicinity of suspended ceilings, bulkheads, ducts, pipe spaces and concrete columns, the unit boundaries are the backside face of the drywall sheathing enclosing said suspended ceilings, bulkheads, ducts, pipe spaces and masonry structural columns and walls.

3. BOUNDARIES OF THE PARKING UNITS

(Being Units 8 to 18 inclusive on Level 1; Units 1 to 27 inclusive, 29, 30, 42 and 43 on Level A)

4. BOUNDARIES OF THE TANDEM PARKING UNITS

(Being Units 28, 31 to 41 inclusive and 44 to 54 inclusive on Level A)

a) Each Parking Unit and Tandem Parking Unit shall be bounded vertically by:

    i) The upper surface and plane of the concrete floor slab and/or the production thereof.

    ii) The plane established 2.00 metres perpendicularly distant above and parallel to the upper finished surface of the concrete floor slab.

b) Each Parking Unit and Tandem Parking Unit shall be bounded horizontally by one or a combination of:

    i) The surface and plane of the masonry wall or column and/or the production thereof.

    ii) The vertical plane established by the line and face of the columns and/or the production thereof.

    iii) The vertical plane established by the centreline of columns and/or walls and the production thereof.

    iv) The vertical plane established by measurements and being perpendicular to the face of the masonry wall or column.

    v) The vertical plane controlled by the midpoint of the column face and being perpendicular to the masonry wall or column.

    vi) The vertical plane parallel to the face of wall or column and controlled by the measurement(s) shown on the plan.

5. BOUNDARIES OF THE LOCKER UNITS

(Being Units 19 to 24 inclusive on Level 1; Units 55 to 103 inclusive on Level A)

a) Each Locker Unit shall be bounded vertically by:

    i) The upper surface and plane of the concrete floor slab and/or the production thereof.

    ii) The interior surface and plane of the steel wire mesh and frame and/or production thereof.

b) Each Locker Unit shall be bounded horizontally by:

    i) The surface and plane of the masonry wall or column and/or the production thereof.

    ii) The interior surface and plane of the steel wire mesh and frame and/or production thereof.

I hereby certify that the written description of the monuments and boundaries of the Units contained herein accurately corresponds with the diagrams of the Units shown on Part 1, Sheets 1 and 2 of the Description.

Dated: April 7, 2025

[Signed]
Maja Krcmar
Ontario Land Surveyor

Reference should be made to the provisions of the Declaration itself, in order to determine the maintenance and repair responsibilities for any Unit (Section 5.1 – Maintenance and Repairs to Unit) and whether specific physical components (such as any wires, pipes, cables, conduits, equipment, fixtures, structural components and/or any other appurtenances) are included or excluded from the Unit, regardless of whether same are located within or beyond the boundaries established for such Unit (Section 1.5 – Boundaries of Units and Monuments).

SCHEDULE "D" — CONTRIBUTION TO COMMON EXPENSES AND COMMON INTEREST EXPRESSED IN PERCENTAGE

SCHEDULE "E" — SPECIFICATION OF COMMON EXPENSES

The Common Expenses for all of the Units shall be the expenses of the performance of the objects and duties of the Corporation and, without limiting the generality of the foregoing, shall include the following:

(a) all sums of money paid or payable by the Corporation incurred by it or the Board in connection with the performance of any of its objects, duties and powers whether such objects, duties and powers are imposed by the Act or this Declaration and By-laws of the Corporation or other law or by agreement;

(b) all sums of money properly paid by the Corporation on account of any and all public and private suppliers to the Corporation of insurance coverage, utilities and services including, without limiting the generality of the foregoing, levies or charges payable on account of:

    (i) insurance premiums;

    (ii) water, storm water management, sewage and electricity respecting Common Elements;

    (iii) waste disposal and garbage collection for Residential Units;

    (iv) fees and payments due under all utility agreements;

    (v) maintenance materials, tools and supplies;

    (vi) window cleaning, garage cleaning and general janitorial;

    (vii) snow removal from all Common Element Common Interior Roadway, walkways and as provided for in the Declaration, and storage thereof, if applicable;

    (viii) concierge services;

    (ix) landscaping and irrigation of the Common Elements;

    (x) fuel, including gas, oil, water and hydroelectricity except to the extent separately metered or check metered for a Unit; and

    (xi) expenses incurred with respect to the obligations of the Corporation, if any, set out in the Declaration.

(c) all sums of money paid or payable by the Corporation pursuant to any management contract which may be entered into between the Corporation and a property manager;

(d) all sums of money required by the Corporation for the acquisition or retention of real property for the use and enjoyment of the property or for the acquisition, repair, maintenance or replacement of personal property for the use and enjoyment in or about the Common Elements;

(e) all sums of money paid or payable by the Corporation to any and all persons, firms, or companies engaged or retained by the Corporation, its duly authorized agents, servants and employees for the purpose of performing any or all of the objects, duties and powers of the Corporation including, without limitation, legal, engineering, accounting, auditing, consulting, expert appraising, advising, maintenance, managerial, secretarial or other professional advice and service required by the Corporation;

(f) the cost of furnishings and equipment for use in and about the Common Elements including the repair, maintenance or replacement thereof;

(g) the cost of borrowing money for the carrying out of the objects, duties and powers of the Corporation including bank fees and charges;

(h) the fees and disbursements of the Insurance Trustee, if any, and of obtaining insurance appraisals;

(i) the cost of maintaining fidelity bonds as provided by By-law (if applicable); and

(j) all sums required to be paid to the reserve or contingency fund as required by the Declaration or in accordance with the agreed upon annual budget of the Corporation.

SCHEDULE 'F' — EXCLUSIVE USE PORTIONS OF THE COMMON ELEMENTS

Subject to the provisions of the Declaration, the By-laws and the Rules of the Corporation, as well as the right of entry in favour of the Corporation for the purposes of facilitating any requisite maintenance and/or repair work or to give access to the utility and service areas appurtenant thereto:

a) The owner(s) of Units 1 to 6 inclusive on Level 1 shall each have exclusive use of that portion of the common elements to which their Unit provides sole and direct access that is designated as Patio and/or Patios and is illustrated on Part 1, Sheet 1 of the Description.

b) The owner(s) of Units 1 to 17 inclusive on Level 2, Units 1 to 18 inclusive on Level 3 and Units 1 to 14 inclusive on Level 4 shall each have exclusive use of that portion of the common elements to which their Unit provides sole and direct access that is designated as Balcony and/or Balconies and is illustrated on Part 1, Sheet 2 of the Description.

c) The owner(s) of Units 1 to 6 inclusive and 9 to 14 inclusive on Level 4 shall each have exclusive use of that portion of the common elements to which their Unit provides sole and direct access that is designated as Terrace and is illustrated on Part 1, Sheet 2 of the Description.

Notwithstanding the foregoing, any fixture, outlet, sign, apparatus or structure located within the limits of the Exclusive Use Portions of the Common Elements shall not form part thereof.

SCHEDULE "G" — CERTIFICATE OF ARCHITECT OR ENGINEER

(SCHEDULE G TO DECLARATION FOR A STANDARD OR LEASEHOLD CONDOMINIUM CORPORATION)

(UNDER CLAUSES 5 (8) (A) OR (B) OF ONTARIO REGULATION 48/01 OR CLAUSE 8 (1) (E) OR (H) OF THE CONDOMINIUM ACT, 1998)

Condominium Act, 1998

Re: BERKSHIRE RESIDENCES

123 Maurice Drive, Oakville, Ontario

Being Part of Lot 16, Concession 3, Trafalgar, South of Dundas Street, being Part 1, Plan 20R-22444

I certify that:

[Strike out whichever is not applicable:
Each building on the property
OR
(In the case of an amendment to the declaration creating a phase:
Each building on the land included in the phase)]

has been constructed in accordance with the regulations made under the Condominium Act, 1998, with respect to the following matters:

(Check whichever boxes are applicable)

1. ☒ The exterior building envelope, including roofing assembly, exterior wall cladding, doors and windows, caulking and sealants, is weather resistant if required by the construction documents and has been completed in general conformity with the construction documents.

2. ☒ Except as otherwise specified in the regulations, floor assemblies are constructed to the sub-floor.

3. ☒ Except as otherwise specified in the regulations, walls and ceilings of the common elements, excluding interior structural walls and columns in a unit, are completed to the drywall (including taping and sanding), plaster or other final covering.

4. ☒ All underground garages have walls and floor assemblies in place. OR ☐ There are no underground garages.

5. ☒ All elevating devices as defined in the Elevating Devices Act are licensed under that Act if it requires a licence, except for elevating devices contained wholly in a unit and designed for use only within the unit. OR ☐ There are no elevating devices as defined in the Elevating Devices Act, except for elevating devices contained wholly in a unit and designed for use only within the unit.

6. ☒ All installations with respect to the provision of water and sewage services are in place.

7. ☒ All installations with respect to the provision of heat and ventilation are in place and heat and ventilation can be provided.

8. ☒ All installations with respect to the provision of air conditioning are in place. OR ☐ There are no installations with respect to the provision of air conditioning.

9. ☒ All installations with respect to the provision of electricity are in place.

10. ☐ All indoor and outdoor swimming pools are roughed in to the extent that they are ready to receive finishes, equipment and accessories. OR ☒ There are no indoor and outdoor swimming pools.

11. ☒ Except as otherwise specified in the regulations, the boundaries of the units are completed to the drywall (not including taping and sanding), plaster or other final covering, and perimeter doors are in place.

Dated this 26 day of March, 2025.

[Signed]
(signature)
BARTEK BIELNY
(print name)

(Strike out whichever is not applicable: Architect / Professional Engineer)
Architect

[Seal: Ontario Association of Architects — Bartlomiej Bielny, Licence 7796]

This is a transcription of a scanned registered document. Suggested corrections to apparent typographical errors in the original appear in [square brackets]. For legal purposes, refer to the registered original on file with the Land Registry Office.