INTRODUCTION

This brochure has been prepared as a guide for Owners of The Courtyards, to assist in the adjustment to the condominium lifestyle as provided in what is officially known as Peel Condominium Corporation No. 306.  It includes highlights of the basic concepts as well as the most common day-to-day rules. For complete information, please refer to the status certificate package which you will have received on the closing of your purchase.  It is the hope of the Board of Directors that you will find this brochure a useful reference.

THE CONDOMINIUM CONCEPT

The condominium concept combines elements of private and shared ownership in a manner which tends to reduce the total cost of high-quality accommodation without sacrificing the financial advantages of home ownership.

You own the interior of your Unit, the boundaries of which are described in Schedule "C" of the Declaration. This document was included in the package you received upon closing the purchase of your home. It should be noted that within each Unit, certain wires, pipes and ducts which provide water, power and drainage are excluded from the privately owned portion and are, along with everything else outside the Schedule "C" description, owned by the Corporation and known as the "Common Elements". 

Each Owner has been granted exclusive use of certain parts of the Common Elements. These are described in Schedule "F" of the Declaration and include the lawn and trees, shrubs, planter beds and driveways at the front of each unit and the backyard to the extent of the dividing fences at the rear of the units. Each Owner must maintain the "owned" portion as well as the “exclusive use” portion of the Common Elements, i.e. watering of trees, shrubs and lawns adjacent to the unit, keeping the front courtyard neat and clean including the pruning of plant material, and weeding the driveway planter box and bed alongside the garage wall. Vines may be planted along the garage wall but they must be kept off the roof line and may also not encroach on the front wall of the garage. Unit driveways must be kept clean, and stains caused by oil and other substances must be cleaned up by the Owner including the replacement of lockstones where necessary. Failure to maintain the exclusive use Common Elements will result in the Corporation having the work done at the Owner’s expense, and collect the amount in the same manner as Common Expenses including lien action if necessary.

Alterations to the "exclusive use" portion of the Common Elements require the prior written consent of the Board, and it should be noted that rear decks, patios and privacy fences are all within the "exclusive use" portion of the Common Elements. The Board of Directors, in turn, is empowered to permit changes to the Common Elements under certain circumstances while others require notice to the Owners or even a majority vote in favour at a General Meeting  In addition, changes to the Common Elements may require the registration of a maintenance and indemnity agreement on the title of the Unit. The safest course for any Owner to follow when alterations or additions are contemplated is to consult first with the Property Manager or one of the Directors.

THE CORPORATION AND ITS BOARD OF DIRECTORS PCC

306 is a Corporation with 102 members, and its affairs are administered by a Board of Directors comprised of five persons elected by the Owners at the Annual General Meeting. This meeting is usually held in the spring/early summer. Directors are elected for a term of three years. The Officers of the Corporation are appointed periodically by the Board from their own number. The Board meets regularly.

Written submissions may be made to the Board and will receive attention at the following meeting. Owners wishing to address the Board personally on a specific issue may attend the first part of the meeting to state their concerns.  Issues other than emergencies should be communicated to the Property Manager in writing. The Property Manager will deal with them in accordance with policies established by the Board and within the restrictions of the management contract. Where a Board ruling is required, the matter will be relayed to the Board at the next regular meeting.  Owners wishing to address the Board directly are asked to put their concerns in writing and deposit the letter in the Directors' Mailbox at the mail kiosk.

THE PROPERTY MANAGER

The Condominium Act of Ontario states that it is the responsibility of the Board of Directors to manage the business affairs of its Corporation. The complexity and amount of time it takes to handle the day to day functions of the Corporation usually leads the Board to employ the services of a professional Property Manager. It is the responsibility of the Property Manager to ensure that the Board's directives and the Corporation's Declaration, by-laws and rules are followed by the Owners, Tenants and Visitors.

The Property Manager is an advisor to the Board and must possess, or have access to, expertise in many areas. These include tendering and awarding of contracts, financial functions, legal matters, labour relations, building maintenance, etc., as well as overseeing daily work by on-site staff and contractors. The Property Manager is the eyes and ears of the Board and is an important member of the team.

As well as being the eyes and ears of the Board, the Property Manager also acts as liaison between Owners and Tenants and the Board of Directors. Concerns and suggestions given to the Property Manager in writing are relayed to the Directors for consideration at a Board meeting. The Board's response is usually conveyed to the Owner through the Property Manager. As you can see, the volunteer Board members who give generously of their time should not have to concern themselves with the day-to-day operation of your community. A Property Manager is a dedicated, educated professional in this area.

THE ANNUAL BUDGET AND MAINTENANCE FEES

The Board is bound by all applicable Provincial laws, and particularly by The Condominium Act and its Regulations. One requirement is the establishment of a Budget for each fiscal year, in advance, to provide for the maintenance of the Common Elements, and other general expenses of the Corporation. The fiscal year of PCC 306 is the calendar year. The Annual Budget is struck in October and circulated to the Owners in late November, along with notice of their monthly assessment for the coming year. Each Owner's assessment is based on the allocation prescribed in Schedule "D" of the Declaration.

Maintenance Fees are payable to the Corporation on the first day of every month. Owners are encouraged to file post-dated cheques for one year's fees with the Manager or avail themselves of the pre-authorized payment option. This will avoid any possibility of embarrassment through failure to pay these fees on time. The Board of Directors has an obligation under the Condominium Act to act quickly in the event of arrears in fees, by registration of a lien against title, or power of sale action against the Owner. These steps add considerably to the owner's costs. A late payment fee is charged on all delinquent accounts.

THE RESERVE FUND

The Condominium Act requires that condominium corporations establish a Reserve Fund to provide for the major repair and replacement of the Common Elements. The annual contribution to the Reserve Fund must be based on the life expectancy of the Common Elements and their anticipated replacement costs. In accordance with the Act, a Reserve Fund Study is commissioned every three years, to ensure that the contributed amount is adequate and is reviewed every three years in accordance with the provisions of The Condominium Act, 1998.

ELECTRICAL POWER

All power used within your unit is metered and billed directly to you by Enersource Hydro Mississauga. It is important to note that any changes made by you to the wiring system within your home are subject to prior approval by the Board, and may be subject to inspection and approval by Hydro. Failure to follow this rule could cause problems with insurance coverage if fire results from the altered wiring.

PLUMBING

All water and drainage pipes within the walls and ceilings in your unit are Common Elements, but all fixtures,taps, seals etc. are owned by you. This division of ownership becomes important if and when leaks occur. The Corporation takes the position that repair of any leak is primarily the Owner's responsibility, and only when it can be demonstrated that the water pipes or drainage lines are the cause of the leak will the Corporation assume any responsibility.  The neoprene shower seal is part of the fixture. The exterior lawn service taps must be properly closed and drained by the Owner during the winter months, and any damage resulting from freezing must be repaired by the Owner.  To close these services, the valve in the basement next to the exterior wall should be closed, then open the screw cap next to the interior valve as well as the exterior valve. Any hoses connected to the tap should be disconnected for the winter.

When the homes were built in 1987, the builder outfitted all units with Crane toilets. Following the failure of a number of tanks which caused severe flooding in a number of units, it was determined that they came from a defective batch produced in 1987. Owners were alerted periodically, and many have replaced them. You are encouraged to look for the date stamp on the underside of the toilet tank lid and, if it is stamped "87" or if you are not sure, you are urged to take immediate action. The Corporations back charges insurance deductibles incurred as a result of flooding due to a broken toilet tank. The current deductible is $2,500.

MAINTENANCE AND REPAIRS-OTHER

The Declarations outlines the responsibilities of the Owners and the Corporation in some detail.  Please refer to Schedule C for your Unit boundaries and to the Maintenance and Repair section  in your Declaration. It is important to remember that maintenance and repair responsibilities may have nothing to do with what you own (Example:  Interior pipes and wiring behind walls, floors and ceilings are Corporation's responsibility but all exterior glass in windows and doors is the Owner's responsibility). The Declaration may require the Owner to maintain and repair part of the Common Elements, and it may require the Corporation to maintain and repair part of the Unit.

Owners are required to repair their own Unit after damage, even if such damage is caused by the failure of a Common Element (example: Roof leak). This provision in the Declaration becomes important when you purchase insurance.

INSURANCE

The Corporation insures the Common Elements and the Units as originally built against certain perils.  Improvements, alterations and upgrades must be insured by the Owner regardless of whether these alterations were commissioned from the builder or made over the years.

Damage to the unit caused by the failure of a Common Element is the owner's responsibility in the first instance. Where damage substantially exceeds the Corporation's deductible and is caused by a peril insured by the Corporation, an insurance claim is filed under the Corporation's policy.

The Corporation has passed a bylaw defining the interior of a standard unit for insurance purposes which lists in detail what is covered by the Corporation. It is important that Owners obtain their own insurance coverage for their personal possessions, glass coverage as well as upgrades, improvements and alterations to the Unit (example: finished basements, gas fireplaces, wallpaper etc.) as well as repairs to the Unit caused by the failure of a Common Element where such repairs are not covered under the Corporation's policy. It is important also that Owners obtain liability insurance to cover damage to the Common Elements caused by the Owner, members of the family, guests, agents etc.

PROPERTY TAXES

Assessment notices and municipal tax bills are mailed directly to each owner, and it is his/her responsibility to pay this tax to the City of Mississauga. The Corporation does not pay any municipal taxes directly, since each Owner's assessment reflects his/her total ownership share, including his/her share of the Common Elements.

EMERGENCIES

It is important that Owners provide the Property Manager with a daytime telephone number where they can be reached in case of an emergency relating to the Unit (example: broken water pipe).  After hours and on weekends, the management company makes an on-call manager available to deal with such emergencies as fires, floods, break-ins, sewer backups, etc. The on-call manager has a list of contractors to call on in such cases but cannot deal with bylaw related matters such as parking, noise or administrative issues. Your Property Manager should be contacted for these matters during regular business hours.