WHEREAS:

1.)                The Condominium Act 1998 (the “Act”) requires that the determination of what constitutes an “improvement to a condominium Unit shall be determined by reference to a standard unit definition”.

2.)                The Corporation is responsible to insure the condominium units of Simcoe Condominium Corporation No. 96, exclusive to the “improvements of the units”.

3.)                Each owner is responsible to insure the “improvements” to his or her unit.

4.)                The Act requires existing condominiums that wish to establish a standard unit definition to do so by By-law.

5.)                Any component of a unit over and above the defined “Standard Unit” is considered to be an “improvement” to the unit.

NOW, THEREFORE BE IT ENACTED as a By-law of SIMCOE CONDOMINIUM CORPORATION NO. 96 (hereinafter referred to as the “Corporation”) as follows:

1. It is understood that the following description of the “Standard Unit” does not include the common elements of the Corporation as described in its Declaration and Description which shall be insured by the Corporation.
2. The “Standard Unit” shall be defined as all of those components of the Unit contained within its boundaries, as defined in its Declaration and Description of the Corporation and shall include only:

a)                  all existing insulation, polyvapour barriers including the basement feet below grade and drywall;

b)                  the ceilings completed to the drywall (any reference to drywall in this by-law shall mean drywall that is ½” in thickness or such greater thickness as the Building Code may require) with a blown flock finish or painted finish, including taping, sanding, one coat of primer paint and one coat of finishing paint;

c)                  floor assemblies to and including the sub-floor;

d)                 all installations with respect to the provision of water, drainage and sewage services for the unit;

e)                  all installations with respect to the provisions of heat and ventilation, excluding any air conditioner (or other cooling device) and any and all related equipment and appurtenances to such air conditioner (or other cooling device);

f)                   all installations with respect to the provision of electricity, including switches, outlets and switch and outlet covers, but excluding light fixtures, telephone cable and outlets and rough-ins (to a maximum of  six (6) locations), cable television, cable and outlets and rough-ins (to a maximum of four (4) locations), all requisite smoke detectors as required by applicable regulation hard wired into the electrical system, one (1) standard stove electrical outlet, rough-in for dishwasher, rough-in for central air, rough-in for washer and dryer, and one (1) standard dryer electrical outlet;

g)                  all interior partitions and walls completed to the drywall, (including taping, sanding, one coat of primer paint and one coat of finishing paint);

h)                  all doors providing ingress and egress, all interior doors, door trim, Builders Standard door hardware, floor trim, windows and internal window trim, (all trim shall be of Builders Standard quality and shall be finished with one coat of primer paint and one coat of finishing paint);

i)                    all partitions and walls between units and between units and common elements, including where applicable, insulation and vapour barrier, completed to the drywall, (including taping, sanding, one coat of primer paint and one coat of finishing paint);

j)                    all bathroom exhaust fans, kitchen range hood, kitchen cabinets and counter tops, bathroom and powder room cabinets or vanities and counter tops, closet shelving (including linen closet), railings and hand rails ( the reference to “Builder’s Standard “ is intended to apply to all items listed in this subparagraph);

k)                  such other components of the unit which the Declarant of the condominium would have been required to construct by the then current regulations (as at the time of damage or repair) in order to achieve registration of the condominium plan; and

l)                    all interior structural components, finishes, fixtures, mechanical systems, which shall be constructed to Builder’s Standard grade.

3. Anything within the unit boundaries of a unit which is not described in the definition of a “Standard Unit” set out above shall be considered an “improvement” to the unit. For greater certainty and without limiting the generality of the foregoing, the “Standard Unit” shall not include:

a)                  floor coverings of any kind

b)                  wall coverings other than paint as described above, including paneling, other wood treatments, tiles, textured paint and/or wall paper;

c)                  storm doors, window coverings, drapery hardware, blinds;

d)                 any upgrades of any items referred to as being of “Builders Standard” grade or quality and

e)                  any addition, alteration or improvement to the common elements made by an owner, either before or after the date of proclamation of the Act, and regardless of whether an agreement under Section 98 of the Act has or has not been entered into between the Owner and the Corporation for such addition, alteration or improvement.

4. For clarification, the consequence of such definition of “Standard Unit” is to cause each and every component of each unit, that is not specifically stated to be part of the standard unit to be classified, considered and defined as an “improvement”, thereby making the owner(s) of such unit completely responsible for all insurance and maintenance relating thereto and relieving the Corporation from being required to provide or maintain any insurance on account thereof.
5. If any component of the standard unit must be “upgraded” or changed in order to comply with any applicable governmental by-law, regulation or code while being repaired or replaced on account of insurable damage or destruction, the said upgrade or change shall be considered part of the standard unit despite not being clearly defined herein as being part of the standard unit.
6. Nothing in this By-law shall relieve an owner of any obligation to maintain, repair and when necessary, replace any component of his or her unit as may be set out in the Act and in the Corporation’s Declaration, By-laws and Rules.
7. In the event that a fixture or construction feature is no longer available and there is a dispute as to what may then constitute a “Builder’s Standard”, a comparison shall be had to the quality of similar products or features being offered at the time of damage by builders of new construction of similar value to the unit in which or to which the damage has occurred. If there is disagreement as to what constitutes “Builder’s Standard”, the issue shall be exclusively and conclusively determined by the insurance adjuster(s) retained by and acting on behalf of the Corporation’s Insurer and the decision of such adjuster(s) shall be binding on the Corporation and all its owners and mortgagees.

THE FOREGOING BY-LAW NO. 5 OF SIMCOE CONDOMINIUM CORPORATION NO 96 is hereby passed by the Directors of the Corporation pursuant to The Condominium Act, 1998 as evidenced by the respective signatures hereto of all the Directors.