disclosure statement 1989

8/9/2019 Disclosure Statement 1989

1/17

AMENDMENT TODISCLOSURE STATEMENT OF

INTERNATIONAL LAND CORPORATION LTD.FOR 101 to 524, 1215 LANSDOWNE DRIVE, COQUITLAM, B.C.

Date: May 9th , 1989

NEITHER THE SUPERINTENDENT OF REAL ESTATE NOR ANY OTHER AUTHORITYOF THE GOVERNMENT OF THE PROVINCE OF BRITISH COLUMBIA HAS, IN ANYWAY, PASSED ON THE MERITS OF THE MATTERS DEALT WITH IN THISDISCLOSURE STATEMENT. THIS DISCLOSURE STATEMENT HAS BEEN FILEDWITH THE SUPERINTENDENT OF REAL ESTATE, BUT HE HAS NOT DETERMINEDWHETHER OR NOT IT COMPLIES WITH PART 2 OF THE REAL ESTATE ACT.

1. The fo l lowing modif ica t ions a re made to the di sc losures ta tement in t h i s mat ter dated June 30, 1987:

(a) the t ex t o f r e c i t a l A i s dele ted and replaced with th efo l lowing:"A. The Developer i s L & C DevelopmentsLtd. , a company duly incorpora ted under thelaws of B r i t i s h Columbia, with an addressfor se rvice of 1618 - 1030 West GeorgiaS t re e t , Vancouver, Bri t i sh Columbia, V6E 2Y3and a mail ing address a t 942B Brunet teAvenue, Coquitlam, Bri t i sh Columbia,V3K lC9",

(b) the t ex t o f paragraph 3(c) (v i ) i s dele ted and th efo l lowing sU b s t i t u t ed :" (v i ) A mortgage and ass ignment of ren t s infavour of Metropol i tan T ru s t Companyof Canada reg i s t e red under numbersAC95299 and AC95300 re spec t ive ly (seeparagraph 3 ( i ) below fo r a

desc r ip t ion of p a r t i a l dischargearrangements )" ,(c) in paragraph 3(c) the re fe rence to the Toronto-Dominion

Bank i s dele ted and replaced by a reference to theMetropol i tan Trus t Company of Canada,(d) paragraph 4(b) i s dele ted and replaced by the fo l lowing:


2/17

- 2

"(b) The s t ra ta corporat ion formed by thedeposi t of the s t ra ta plan for Phase Ihas amended the by-laws of the s t ra tacorporat ion by replacing those se t outin the Condominium Act with those setout in Schedule H at tached hereto",

(e) paragraph 4(f) i s deleted an d replaced by the following:"(f) Phase I i s substant ia l ly completed andthe Developer has commencedconstruct ion of Phase II which i texpects to substant ia l ly complete byOctober 31, 1989",

(f) add to paragraph 4( i ) the following:"Interna t ional Land Corporation Ltd. (theformer developer) and the Developer haveexecuted and delivered to the Dis t r i c t fori t s approval , an assignment of theDevelopment Variance Permit to the Developerwhich assignment was approved by the councilof the Dis t r i c t on May 8, 1989."

2 _ OFFENCE CAUTIONThe Developer, direc tors of a corporate Developer and anyother person required by the Superintendent to sign th isDisclosure Statement are advised to read the provisions of and beful ly aware of the i r obligat ions under Par t 2 of the Real EstateAct before signing th i s Statement, as a person who f a i l s to complywith the requirements of Par t 2 of the Real Estate Act may, onconvict ion, be l i ab le :

(a) in the case of a corporat ion, to a f ine of not more than$ 1 0 0 , 0 0 0 _ 0 0 ~ and

(b) in the case of an individual , to ei ther a f ine of notmore than $100,000.00 or to imprisonment for not morethan f ive years less one day_

WFM!1374k
http:///reader/full/100,000.00http:///reader/full/100,000.00


3/17

DECLARATION

The foregoing declara t ions const i tu te fu l l , t rue and pla indisc losure of a l l fac ts r e la t ive to the Development referred toabove, proposed to be sold or leased , as required by Sect ion 50.1of the Real Esta te Act of the Province of Bri t ish Columbia as ofMay , 1989.

LTD.May , 1989Date

May f ' 1989DateMay , 1989Date

Per: May , 1989a teDirectorN a m e l ~

SIGNED BY THE DEVELO L & C DEVELOPMENTSPer:

Per:

Per: Na g Lochheadl Director , L-/

WFM/ 137 4k


4/17

DOMINIONPROVINCE

OFOF

CANADABRITISH COLUMBIA

IN THE MATTER OF the RealAct and the amendment toDisclosure Statement of:Estate

TO WIT:L & C Developments(Developer) Ltd.For property described as:

PID No. 004-545-583Lot 64Dis t r ic t Lot 385Group 1New Westminster Dis t r ic tPlan 72147I , CRAIG LOCHHEAD, of Coquitlam, Bri t ish Columbia, DOSOLEMNLY DECLARE:

1. I am a Director of L & C Developments Ltd. , the Developerreferred to in the above amendment to disclosure statement datedMay 9th , 1989.2. Every matter of fact s tated in the said amendment todisclosure statement i s correc t .3. I am aware tha t Section 50(7} of the Real Esta te Actrequires tha t a t rue copy of the amended disclosure statement bedelivered to the prospective purchaser or lessee and receip t forsame be obtained.4. I make th i s solemn declara t ion , conscient iously believingi t to be t rue and knowing tha t i t is of the same force and ef fec tas i f made under oath.

} ; /'DECLARED BEFORE ME a t I /Vancouver, ) , l ic . I . !Bri t i sh Columbia, on th is } .l /


5/17

SOLICITOR'S CERTIFICATE

IN THE MATTER OF the Real Estate Act and the Amendment to Disclosure statement of

L & C Developments Ltd. (Developer)

For property described as: PID No. 004-545-583 Lot 64 Dis t r i c t Lot 385 Group 1

New Westminster Dis t r ic t Plan 72147

I , WILLIAM F. MURRAY, Sol ic i to r , a member of the Law Society ofBri t i sh Columbia, having read over the above amendment todisclosure statement dated May 9th, 1989, made any requiredinves t igat ions in public off i ces , and reviewed same with theDeveloper therein named, hereby cer t i fy tha t in my opinion thefac ts contained in paragraphs 1, 3.01 and 3.02(a) and (b) of theDisclosure Statement as amended are correc t .O. /'2...DATED a t Vancouver, Bri t ish Columbia, on May 7 , 1989.

Eonislcr (:;; S, ' , I 300 1111 MEL VILLi: Sf REET

VANCOUVER, B.c' V6E 4H7 TELEPHONE (604) 682-3664

WFM/ 137 4k


6/17

SCHEDULE H

CONDOMINIUM ACT CHAPTER 61, R.S.B.C.NOTIFICATION OF CHANGE OF BY-LAWS

(Section 26)

The Owners, Strata Plan No. N.W.2671 ( a Strata Corporation) herebycertified that by Special Resolution duly passed on the 8th. day ofDecember, 1988, the By-Laws of the First or Second Schedule (as thecase may be) to the Act, as they applied to the said Strata Corporation,were added to , amended or repealed, as follows:

'~"Be it Resolved as a Special Resolution of the Owners, Strata Plan N.W.1671

Sunridge Estates, that the existing By-Laws of the Strata Corporation berepealed and be replaced with By-Laws numbered 1 through 17 inclusiveattached as Appendix 'A' to the Notice of the Annual General Meeting ofDecember 8, 1988."

01/06/89 E0506f DOC FILThe Common Seal of The Owners, Strata Plan No. N.W.2671, was hereuntoaffixed this 2.J day of U fi3c::R 1988, in the presence of:

(Mem ~ r ; s of Counc if)'

\


7/17

13\

BY-LAW 10: VOTES OF OWNERS

10.1 At any General Meeting a resolution by the vote of the meeting shal l bedecided on a show of hands, unless a poll is demanded by any O\\uerpresent in person or by proxy.

10.2 Unless a pol l be so demanded. a declaration by the Chairperson that aresolution has, on the show of hands, been carried, is conclusiveevidence of the fact without proof of the number or proportion of votesrecorded in favour of or against the resolution.10.3 A demand for n poll may be withdrawn.10.4 A poll . i f demanded, shal l be taken in whatever manner th e Chairperson

thinks f i t , and th e resul t of the poll shal l be deemed to be theresolution of th e meeting a t ~ h i c h th e poll was demanded.10.5 In the case of equality in th e votes, whether on a show of hands or on apoll, th e Chairperson of th e meeting is not enti t led to a cast ing vote

in addition to his /her or iginal vote.10.6 On a show of hands, each Owner shal l indicate his /her vote by showinghis/her voting card.10.7 Onby a show of handsproxy. or on a pol l . votes may be given ei ther personally or

10.8 An instrument appointing G proxy shal l be in writing under th e hand ofth e appointer or his/her attorney, and may be either general or for aparticular meeting.10.9 ,\ proxy need not be an Owner.10.10 Except in cases where. hy or under the Condominium Act. a unanimousresolution is required, no Owner is enti t led to vote a t any General

Meeting unless a l l contributions payable in respect of his/her StrataLot have been duly paid.10.11 Where Owners are enti t led to successive in terests in a lo t . th e Ownerenti t led to the f i rs t in terest is alone enti t led to vote, whether on a

show of hands or a poll .10.12 Where an Owner is a Trustee, he/she shal l exercise th e voting rights inrespect of the lo t to the exclusion of persons beneficially interestedin the t rust , and those persons shal l not vote.


8/17

14 \

10.13 Notwithstanding provIsIons of these By-Laws with respect to appointmentof a proxy where th e Owner's interest is subject to a registeredmortgage and where th e mortgage provides that the power of voteconferred on an Owner by or under the Condominium Act may be exercisedby the mortgagee and where th e mortgagee has given written notice ofhis/her mortgage to the Corporation. no instrument or proxy shal l benecessary to give the mortgagee the said power to vote. and themortgagee shal l indicate his/her presence a t the cal l of th e ro l l , andhe/she. not the Stra ta Lo t Owner. shal l be issued a voting card.


9/17

15

BY-LAW 11: VIOLATION OF BY-LAWS

11.1 Any infraction or violation of these By-Laws or any Rules andRegulations established pursuant to these By-Laws on the part of anyOwner, his/her employees. agents. invitees or tenants may be corrected.remedied or cured by the Strata Corporation.

11.2 Any costs or expenses expended or incurred by th e Strata Corporation incorrecting. remedying or curing such infraction or violation. shal l becharged to such Owner and shal l be added to and become a part of theassessment of such Owner for the month next following the date when succosts or expenses are expended or incurred (but not necessarily paid) bthe Strata Corporation and shal l become due and payable on the date ofpayment of such monthly assessment.

11.3 The Strata Corporation may recover from an Owner by an action for debtin any Court of competent jur isdict ion any sum of money which the StratCorporation is required to expend as a resul t of any act or omission bythe Owner. his/her employees, agents. invitees or tenants. whichviolates these By-Laws or any Rules and Regulations established pursuanto these By-Laws. and there shal l be added to any amount found due, a l lcosts of such action including costs as between Solici tor and Client.

11.4 Nothing herein shall be deemed to l imit any right of any Owner to bringan action or proceeding for the enforcement and protection of his/herrights and th e exercise of his/her remedies.


10/17

16"

BY-LAW 12: CHEQUES, BUDGET AND COMMON EXPENSES

12.1 All cheques drawn on any account of the Strata Corporation shal l , excepwhere a Manager has been appointed and authorized to make expenditures,be signed by at leas t two Members of th e Strata Council, and a l l chequeor other negotiable instruments for th e credi t of any such account maybe endorsed by anyone Member of th e Strata Council.

12.2 Prior to th e f i r s t day of December in each calendar year, th e StrataCorporation shal l cause to be prepared a Budget sett ing out bycategories i t s best estimate of the common expenses of the StrataCorporation for the next calendar year. The Budget shal l include areasonable provision for contingencies and future replacements.

12.3 Prior to the 15th day of December in each calendar year the Stt 'ataCorporation shal l deliver or mail to each Owner a t the municipal alidresof his /her Strata Lot a copy of th e budget for th e ensuing calendar yeai:.ogether with a notice of monthly assessment for his/her contributiontowards th e common expenses for that year.

12. It The common expenses set forth in each assessment shal l be payable to th eStrata Corporation. or to any other person. firm or corporat ion to whomthe Strata Corporation shal l direc t payment to be made from time totime, in twelve equal consecutive monthly installments. in advance. th ef i r s t instal lment to be made on th e 1st da y ()f January immediatelyfollowing receipt of such notice of assessment.

12.5 Assessment payments are due and payable on th e f i r s t da y of each lllonthin advance. Assessment payments not received by th e 15th day of th emonth in question will be subject to a Ten Dollar ($10.00) penalty, andi f not received by the 15th day of each following lllonth will be subjectto an additional Ten Dollar ($10.00) penalty.' each month. I f anyassessment becomes three months in arrears . a Lien wil l be placed on theTit le of th e Strata Lo t involved. and a t th e Owner's expense for theto tal monies due. including a l l costs involved in collect ing theoutstanding amount.

12.6 Within ten days following written application therefore by an Owner th eStrata Corporation shal l furnish to such Owner a statement se t t ing forthas of i t s date th e amount of any unpaid assessments then due from suchOwner and th e amount outstanding. i f any, in th e uJntingency reservefund and belonging to the Strata Corporation but contributed by suchOwner.


11/17

17

12.7 I f a t any time i t appears that th e annual assessment or contributiontowards the common expense will be insuff icient to meet the commonexpenses. the Strata Corporation may assess and collect a specialcontribution or contributions against each Strata Lot in an amountsuffic ient to cover th e additional anticipated common expense. TheStrata Corporation shall give notice of such further assessment to a l lOwners which shall include a written statement set t ing out the reasonsfor the assessment and each assessment shall be due and payable by eachOwner in the Strata Corporation within thir ty (30) days of mailing suchnotice.

BY-LAW 13: SEVERABILITY

13.1 The prOV1Slons hereof shall be deemed independent and severable and th einvalidity in whole or in part of any By-Law does not affect thevalidity of the remaining By-Laws. which shall continue in full forceand effect as i f such invalid portion had not been included herein.

\


12/17

18

BY-LAW 14: AN OWNER SHALL NOT:

14.1 use or permit th e strata lo t to be used for any purpose other than as aprivate dwelling-house for one family;14.2 make or permit noise in or about any s t ra ta lo t or the common propertywhich. in the opinion of the Strata Council. is a nuisance orunreasonably interferes with the use and enjoyment of a s t ra ta lo t orthe common property by any other Owner. No instrument or other device.shal l be used within a lo t which. in the opinion of the Strata Council.causes a disturbance or interferes with the comfort of other Owners;14.3 keep animals on th e strata lo t or the common property af ter seven (7 )days' notice in that behalf from the Strata Council;14.4 permit the s t rata lo t to be occupied as a place of residence by morethan seven persons (whether adult or minor) without the consent inwriting of th e Strata Council;14.5 do any act or permit any act to be done. or al ter or permit to bealtered th e s t rata lo t in any manner which will al ter th e exterior

appearance of the structure comprising the s t rata lo t ;14.6 hang or permit to be hung any laundry or washing on th e common propertyor in or about th e s t ra ta lo t in any manner which would permit the sameto be visible from the outside of the strata lo t ;14.7 erect or hang over or outside any window or door of a strata lo t or onthe common property. awnings. shades or screens without the consent inwriting of the Council f i r s t had and obtained. No television antenna orsimilar structure or appurtenances thereto shall be erected on orfastened to any unit except in connection \ .ith a common televisionantenna or cable system as authorized by th e Strata Council;14.8 do anything or permit anything to be done on the s t rata lo t or on the

common property which will or would tend to increased th e risk of f ireor the rate of fire insurance premiums or any other insurance premiumswith respect thereto;

14.9 do anything or permit anything to be done by any occupier of the s t ratalo t on the s t rata lo t or common property that is contrary to anyStatute. Ordinance. By-Law or Regulation of any Government Authoritywhether Federal. Provincial, Municipal or otherwise:


13/17

19

14.10 do or permit anything to be done that may cause damage to treesbushes, flowers or lawns and shal l not place chairs. tables. orobjects on the lawns and grounds so as to damage them or to pregrowth or to in terfere with the cutt ing of the lawns or the maof the grounds generally;

14.11 deposit household refuse and garbage in other than proper contadirected by the Strata Council and th e Owner shal l place such cfor collection of refuse as directed by the Strata Council fromtime. Any material other than ordinary household refuse garbagbe removed from th e common property or th e Owner's Strata Lot aexpense of or by th e individual Owner;

14.12 erect . place. allow. keep or display signs, billboards. advertmatter or other notices or displays of any kind on th e commonor in or about any strata lo t in any manner which may make thevisible from the outside of a strata lot . except a temporary nle t or sel l the strata lot :

14.13 use any part of the common property except roadways. drivewaysparking areas for the parking or operation of motor-vehicles eaccordance with permission in writing from the Strata Council. however the sidewalks. walkways. passages, roadways. drivewaysparking areas shal l not be obstructed by any Owner. his/her faguests or visi tors;

14.14 shake mops or dusters of any kind nor throw anything out any wdoor on the s t rata lo t or on common property. nor permit anyththis kind to be done;

14.15 allow the strata lo t to become unsanitary:14.16 make or cause to be made any structural al teration or addition

strata lo t without f i r s t having the design and specificationsalteration or addition approved in writing by the Strata Counalteration or addition made by an Owner without such approvalrestored or removed by Counci lor i t s duly authorized represenrepresentatives and any costs incurred by the Strata Corporatiresul t thereof shal l forthwith be paid by such Owner to the StCorporation;

14.17 permit any member of his/her household. guests or visi tors toon any property to which another Owner is enti t led to exclusivoccupation or use:

14.18 when th e purpose for which a s t rata lo t is intended to be usedexpressly or by necessary implication on or by the registeredplan. use th e strata lo t for any other purpose or permit the sso used;

\


14/17

20

wash cars, except:i ) in such manner as will not cause nuisance or annoyance to other Owners, and

i i ) in such place and a t such time as th e Strata Council may from timeto time directmake or permit to be made major repairs or adjustments to motor-vehicles, t ra i le rs or boats on any property, nor shall any commercialvehicles be brought on to th e property without the written consent ofth e Strata Council save in the course of delivery to th e respectivepremises;

14.21 allow the area around his/her premises to become untidy. The StrataCouncil sha l l be a t l iberty to remove any rubbish or clean up th e commonarea in close proximity to an O ~ n e r ' s premises to i ts sat isfact ion andcharge the expense to the Owner.

\


15/17

21

BY-LAW 15: EXCLUSIVE USE:

15.1 The Owner of each Strata Lot shal l have the r ight in common with theStrata Corporation as herein provided but to the exclusion of a l l othersto use as a patio/balcony that portion of the common property designatedas l imited common property on the s t ra ta plan. This use shal l besubject to a l l the restr ict ions on the use of common property containedin these By-Laws and shal l be subject to a r ight of entry in favour ofthe Strata Corporation for the purposes of carrying out a l l of thepowers and duties reserved to the Strata Corporation with respect to th ecommon property. The Owner shal l not make or cause to be made an yalteration (including painting of the patio or balcony rail ing) oraddition to such common property without f i rs t having th e same approvedin writing by th e Strata Council. Any alteration (including painting ofthe patio or balcony railing) or addition made by an Owner without suchapproval may be restored or removed by the Strata Councilor i t s dulyauthorized representative or representatives and the cost incurred bythe Strata Corporation as a resul t thereof shal l forthwith be paid bysuch Owner to the Strata Corporation.

BY-LAW 16: PARKING:

16.1 The Owner of each s t ra ta lo t shal l have the right in common with th eStrata Corporation as herein provided but to the exclusion of a l l othersto use for parking of motor-vehicles on that portion of the commonproperty comprising the driveway adjacent to and connecting with his /hers t ra ta lo t . This use shal l be subject to a l l th e restr ict ions on th euse of common property and a l l restr ict ions concerning motor-vehiclescontained in these By-Laws and shal l be subject to a right of entry infavour of th e Strata Corporation for the purposes of carrying out a l l ofth e powers and duties reserved to the Strata Corporation with respect tothe common property. The Owner shal l not make or cause to be made anyal terat ion or addition to such common property without f i r s t having th esame approved by the Strata Council. Any alteration or addition made byan Owner without such approval may be restored or removed by th e StrataCounci lor i ts duly authorized representative or representatives and thecost incurred by th e Strata Corporation as a resul t thereof shal lforthwith be paid by such Owner to the Strata Corporation.


16/17

22

17.1

BY-LAW 17: RENTING AND/OR LEASING OF STRATA LOTS:

Subject to By-Law 17.2 and Section 31 and 32 of the Condominium Act. thnumber of Strata Lots that may be rented/leased within the StrataCorporation sha l l be l imited to zero save and except those rented/leaseat the date of adoption of this By-Law (December 8th, 1988) andsubsequent thereto th e sale (to persons other than immediate familymembers) of those Strata Lots rented/leased a t the date of registrationof this By-Law wil l negate further rental / leasing privileges by th eStrata Corporation.

17.2 Where, in special circumstances, a Strata Lot Owner having been inresidence for a period of not less than one (1) year wishes to rent orlease his Strata Lot for a period of one (1) year or less. th e Owner mapply to the Strata Council for approval. such approval not to beunreasonably denied. An extension beyond one (1) year may be grantedupon further application to. and approval by, th e Strata Council. TheOwller wishing to rent or lease his Strata Lot must make application inwriting to the Strata Counci lor the Property Manager employed by th eStrata Corporation requesting permission to rent or lease. providingwith the application th e following information:a) The name. occupation, address of each tenant or person who willoccupy th e Strata Lot during the term of th e proposed lease.b) Where applicable. th e business telephone number of th e tenant ortenants.c) The address and telephone number of th e Owner which will apply af te

th e commencement of the lease.d) The commencement date and term of the lease.e) h'hether the Owner or the tenant will remit the Owner's share ofcommon expenses to th e Strata Corporation.f) A completed 'Tenant's Undertaking' in Form 'D'. of the Condominium

Act.17.3 Any tenancy within th e Strata Corporation may be cancelled by the Stra

Council in any of the following events:a) In th e event the tenant or tenants named by the Strata Lot Ownercease to occupy th e Strata Lot as their principal residence. orb) In the event that th e Owner or-tenant has failed to comply with thprovisions of th e Condominium Act. the By-Laws. Rules andRegulations of the Strata Corporation for a period of thir ty (30)

days af ter Notice of the non-compliance has been mailed to the Ownand the tenant by the Strata Corporation, or

\


17/17

23

c) In the event the approved Tenant's Undertaking in Form 'D', isterminated, dssigned or sublet without the Strata Council 'sapproval.

Any Strata Lot Owner who rents or leases his/her Strata Lot withoutf i r s t obtaining Strata Council approval pursuant to By-Law 17 shall bel iable to pay to the Strata Corporation a fine in the amount of TenDollars (SIO.OO) for each day during which the Strata Lot is so rentedor leased.

disclosure statement 1989

Documents