MOTION 2

“A unit owner shall not do, permit to be done, or assist another unit owner to do any act or thing which causes the Corporation damage, additional cost, or increased cost. Any such damage, additional cost, or increased cost shall be the personal liability of such unit owners and shall be assessed against the unit owner and may be recovered by the Corporation under these Bylaws and/or the Act”.

It is rather unfortunate, that the Board fails to appreciate, that the sought measures of their motion, are basically addressed within the Bylaws of the Corporation which read as follows:

• Section 11.11 Enforcement of Bylaws In the event of any violation of the provisions of the Act or these bylaws by the owner, either by his or her own conduct or by the conduct of any other occupant of his or her unit: a) The Corporation or its agents have all of the rights and remedies which may be provided for in the Act, or these bylaws, or which may be available at law or in equity, and may and is authorized to prosecute an action or other proceedings against such defaulting owner, tenant and/or occupants for damages, injunction, specific performance, or for judgment for payment of money and collection thereof, or for a penalty as provided for by s. 99 of the Act, or for any combination of remedies, or for such other relief. The owner, on behalf of himself or herself, the tenant or other occupant, shall additionally be liable to pay to the Corporation all expenses incurred in connection with any such actions or proceedings, including court costs, the costs of solicitor’s fees on the basis as between a solicitor and his client, and any other fees and expenses.
• Enforcement of bylaws 99(1) If an owner, tenant or other person who resides in or on a unit contravenes a bylaw of the corporation, the corporation may take proceedings pursuant to The Small Claims Act, 1997 to recover from the owner, tenant or other person or any combination of them: (a) a penalty of not more than $500 with respect to that contravention; and (b) subject to the limits in The Small Claims Act, 1997: (i) compensation for any damage to the common property, common facilities or services units resulting from the contravention of the bylaw up to the deductible limit of the insurance policy obtained by the corporation; and (ii) any actual costs incurred by the corporation to enforce the bylaw against the defendant.

The only part of the motion that is not currently addressed in our Bylaws as noted above, is the part of the motion that states “A unit owner shall not do, permit to be done, or assist another unit owner to do any act or thing which causes the Corporation damage, additional cost, or increased cost”.

Specifically, what problem is the Board attempting to resolve by proposing an amendment to the Bylaws?

It is apparent that the intent of this motion is to discourage any concerned resident from considering questioning any action of the Board and further, to dictate and authorize prosecution of ANY SUCH  RESIDENT who dares to provide assistance to a fellow resident, where the commercial owner and Board object to such assistance. No resident should consider supporting such draconian and undemocratic measures. VOTE NO!