UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21,...

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DISCLOSURE STATEMENT UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia: 51 - 3 Street NE, PO Box 67 Salmon Arm, British Columbia V1E 4N2 Business Address: PO Box 96 Blackfoot, Alberta T0B 0L0 Real Estate Brokerage: Homelife Salmon Arm Realty #404, 251 Trans-Canada Hwy Salmon Arm, BC V1E 3B8 The Developer reserves the right to substitute other listing agents from time to time to represent the Developer in the sale of the Development. DISCLAIMER This Disclosure Statement has been filed with the Superintendent of Real Estate, but neither the Superintendent, nor any other authority of the government of the Province of British Columbia, has determined the merits of any statement contained in the Disclosure Statement, or whether the Disclosure Statement contains a misrepresentation or otherwise fails to comply with the requirements of the Real Estate Development Marketing Act. It is the responsibility of the developer to disclose plainly all material facts, without misrepresentation. This Disclosure Statement relates to a development property that is not yet completed. Please refer to section 7.2 for information on the purchase agreement. That information has been drawn to the attention of ____________________________________, who has confirmed that fact by initialling in the space provided here: __________.

Transcript of UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21,...

Page 1: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

DISCLOSURE STATEMENT

UPTOWN VILLAGE

2810 - 15 Avenue NESalmon Arm, British Columbia

Dated: June 21, 2018

DEVELOPER

Name: Uptown Ventures Ltd.

Address for Service in British Columbia: 51 - 3 Street NE, PO Box 67

Salmon Arm, British ColumbiaV1E 4N2

Business Address: PO Box 96Blackfoot, AlbertaT0B 0L0

Real Estate Brokerage: Homelife Salmon Arm Realty#404, 251 Trans-Canada HwySalmon Arm, BC V1E 3B8The Developer reserves the right to substitute other listingagents from time to time to represent the Developer in thesale of the Development.

DISCLAIMER

This Disclosure Statement has been filed with the Superintendent of Real Estate, but neither theSuperintendent, nor any other authority of the government of the Province of British Columbia,has determined the merits of any statement contained in the Disclosure Statement, or whetherthe Disclosure Statement contains a misrepresentation or otherwise fails to comply with therequirements of the Real Estate Development Marketing Act. It is the responsibility of thedeveloper to disclose plainly all material facts, without misrepresentation.

This Disclosure Statement relates to a development property that is not yet completed. Pleaserefer to section 7.2 for information on the purchase agreement. That information has been drawn to the attention of ____________________________________,who has confirmed that fact by initialling in the space provided here:

__________.

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RIGHT OF RECISSION

Under section 21 of the Real Estate Development Marketing Act, the purchaser or lessee ofa development unit may rescind (cancel) the contract of purchase and sale or contract tolease by serving written notice on the developer or the developer’s brokerage, within 7 daysafter the later of the date the contract was entered into or the date the purchase or lesseereceived a copy of this Disclosure Statement.

The recission notice may be served by delivering, or sending by registered mail, a signedcopy of the notice to :

(a) the developer at the address shown in the disclosure statement received by thepurchaser,

(b) the developer at the address shown in the purchaser’s purchase agreement,

(c) the developer’s brokerage, if any, at the address shown in the disclosure statementreceived by the purchaser, or

(d) the developer’s brokerage, if any , at the address shown in the purchaser’s purchaseagreement.

The developer must promptly place purchasers’ deposits with a brokerage, lawyer or notarypublic who must place the deposits in a trust account in a savings institution in BritishColumbia. If a purchaser rescinds their purchase agreement in accordance with the Act andregulations, the developer or the developer’s trustee must promptly return the deposit tothe purchaser.

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ESTIMATED DATE FOR ISSUANCE OF A BUILDING PERMIT

The Developer estimates that the date when a building permit for the Development will be issuedis, in accordance with the requirements of the Real Estate Development Marketing Act AmendedPolicy Statement 5, 9 months or less from the date of the filing of this Disclosure Statement with theSuperintendent of Real Estate.

The Developer will market the proposed development units for a period of no more 9 months fromthe date of the filing of this Disclosure Statement with the Superintendent of Real Estate, unless anamendment to this Disclosure Statement, that sets out particulars of the issued building permit, isfiled with the Superintendent of Real Estate during that 9 month period. The Developer must alsoeither:

(i) prior to the expiry of the 9 month period, file with the superintendent an amendment to thisDisclosure Statement;

(ii) upon the expiry of the 9 month period, immediately cease marketing the development andconfirm in a written undertaking to the superintendent that all marketing of the development hasceased and will not resume until after the necessary amendment has been filed, failing whicha cease marketing order or other order may be issued by the superintendent to the developerwithout further notice.

Additionally, the Developer must provide written notice without delay to the superintendent if, duringthe 9 month period, all units in the development property being marketed under this PolicyStatement are sold or the Developer has decided not to proceed with the Development.

Any purchase agreement used by the Developer, with respect to any development unit offered forsale or lease before the purchaser’s receipt of an amendment to this Disclosure Statement that setsout particulars of the issued building permit shall contain the following terms:

(i) The purchaser may cancel the purchase agreement for a period of seven days after receipt ofan amendment to the disclosure statement that sets out particulars of the issued buildingpermit if the layout or size of the applicable building unit, the construction of a major commonfacility, including a recreation centre or clubhouse, or the general layout of the development,is materially changed by the issuance of the building permit;

(ii) If an amendment to the Disclosure Statement that sets out particulars of the issued buildingpermit is not received by the purchaser within 12 months after the initial Disclosure Statementwas filed, the purchaser may at his or her option cancel the purchase agreement at any timeafter the end of that 12 month period until the required amendment is received by thepurchaser, at which time the purchaser may cancel the purchase agreement for a period ofseven days after receipt of that amendment only if the layout or size of the applicabledevelopment unit, the construction of a major common facility, including a recreation centreor clubhouse, or the general layout of the development, is materially changed by the issuanceof the building permit;

(iii) The amount of the deposit to be paid by a purchaser who has not yet received an amendmentto the Disclosure Statement that sets out particulars of the issued building permit is no morethan 10% of the purchaser price; and

(iv) All deposits paid by a purchaser, including interest earned if applicable, will be returnedpromptly to the purchaser upon notice of cancellation from the purchaser.

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UPTOWN VILLAGE

Disclosure Statement Table of Contents

Page No.

1 The Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -6-

2 General Description. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -7-2.1 General Description of the Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -7-2.2 Permitted Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -7-2.3 Phasing .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -7-

3 Strata Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8-3.1 Unit Entitlement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8-3.2 Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8-3.3 Common Property and Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8-3.4 Limited Common Property.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -9-3.5 Bylaws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -9-3.6 Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10-3.7 Furnishings and Equipment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10-3.8 Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10-3.9 Utilities and Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -11-3.10 Strata Management Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -12-3.11 Insurance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -12-3.12 Rental Disclosure Statement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -12-3.13 First Annual General Meeting of the Strata Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . -12-3.14 Documents to be delivered by the Developer to the Strata Corporation. . . . . . . . . . . . . . . -12-

4 Title and Legal Matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -13-4.1 Legal Description.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -13-4.2 Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -13-4.3 Existing Encumbrances and Legal Notations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -13-4.4 Proposed Encumbrances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -13-4.5 Outstanding or Contingent Litigation or Liabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-4.6 Environmental Matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-

5 Construction and Warranties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-5.1 Construction Dates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-5.2 Warranties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-5.3 Previously Occupied Building. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -14-

6 Approvals and Finances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15-6.1 Development Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15-6.2 Construction Financing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15-

7 Miscellaneous.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15-7.1 Deposits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15-7.2 Purchase Agreement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15-7.3 Developer’s Commitments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -16-7.4 Other Material Facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -16-

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EXHIBITS

A Sketch Plan showing the DevelopmentB Zoning MapC Proposed Form P, Phased Strata Plan DeclarationD Proposed Form V, Schedule of Unit EntitlementE Form Y Owner Developers’ Notice of Different BylawsF Proposed BudgetG Form J, Rental Disclosure StatementH Form of Purchase Agreement

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1 The Developer

1.1 Uptown Ventures Ltd.. (hereinafter referred to as the "Developer") was incorporated in the Province ofBritish Columbia on December 7, 2017 under incorporation number BC1144100.

1.2 The Developer was incorporated specifically for the purpose of developing the strata lots which are thesubject of this Disclosure Statement. The Developer has no assets other than the development propertyitself.

1.3 The address of the Developer's registered and records office is:

51 - 3 Street NE, PO Box 67Salmon Arm, BC V1E 4N2

1.4 The Directors of the Developer are: Randy Meise, Darwin Laurie and Lorie Peregrym .

1.5 Background

(i) The Developer is a new company specifically incorporated for this development. The Developer'sdirectors and officers have extensive experience in the construction/development industry throughconstruction and renovation of multiple single family homes and real estate investing. Randy Meise hasbeen involved in land developments, including single-detached and multi-family residential, for 17 years. Darwin Laurie is a project manager with 30 years of experience in residential construction. LoriePeregrym has been involved in land development and home construction for 15 years.

(ii) Neither the Developer, nor any principal holder of the Developer, nor any director or officer of theDeveloper or principal holder has, within the ten years before the date of the Developer’s declarationattached to this Disclosure Statement, been subject to any penalties or sanctions imposed by a court orregulatory authority, relating to the sale, lease, promotion, or management of real estate or securities,or to lending money secured by a mortgage of land, or to arranging, administering or dealing inmortgages of land, or to theft or fraud.

(iii) Neither the Developer, nor any principal holder of the Developer, nor any director or officer of theDeveloper or principal holder has, within five years before the date of the Developer’s declarationattached to this Disclosure Statement, declared bankruptcy or made a voluntary assignment inbankruptcy, made a proposal under any legislation relating to bankruptcy or insolvency, or been subjectto or instituted any proceedings, arrangement, or compromise with creditors, or had a receiver, receivermanager or trustee appointed to hold its/his assets.

(iv) No director, officer or principal holder of the Developer, nor any director or officer of the principal holderhas, within the five years prior to the date of the Developer’s declaration attached to this DisclosureStatement, been a director, officer or principal holder of any other developer that, while that person wasacting in that capacity:

(a) was subject to any penalties or sanctions imposed by a court or regulatory authority relating to thesale, lease, promotion, or management of real estate or securities, or to lending money secured bya mortgage of land, or to arranging, administering or dealing in mortgage of land, or to theft or fraud,or

(b) was declared bankrupt or made a voluntary assignment in bankruptcy, made a proposal under anylegislation relating to bankruptcy or insolvency or been subject to or instituted any proceedings,arrangement or compromise with creditors or had a receiver, receiver manager or trustee appointedto hold its assets.

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1.6 Conflicts of Interest

There are no existing or potential conflicts of interest among the Developer, manager, any director, officer andprincipal holder of the Developer and manager, any directors and officers of the principal holders, and anyperson providing goods or services to the Developer, manager or holders of the development units inconnection with the Development which could reasonably be expected to affect a purchaser’s purchasedecision

2 General Description

2.1 General Description of the Development

The Property (as defined in Paragraph 4.1 below), which is approximately 3.542 acres in size, is the site ofthe proposed strata development (the "Development"). The Property is located at 2810 - 15 Avenue NE, inthe City of Salmon Arm, in the Province of British Columbia. The strata lots will be owned by purchasersindividually, together with a proportionate share of the common property (the “Common Property”) which willbe owned by the owners of the Strata Lots, as tenants-in-common.

Each of the Strata Lots in the Development will be created upon deposit of a Strata Plan at the KamloopsLand Title Office. The deposit of the Strata Plan for the Development will also create a Strata Corporation(the “Strata Corporation”) which will be owned by the owners of the Strata Lots and which will be the registeredowner of the Common Property.

The Development will consist of eighty (80) residential Strata Lots, contained in a mix of seven (7) townhomestyle buildings consisting of one 5-unit building, two 4-plexes, three tri-plexes and one duplex, and two (2)apartment-style buildings consisting of two 28-unit buildings. The Developer intends to market the twelve (12)Strata Lots in Phases 1 - 4 in the Development at this time.

Attached as Exhibit “A” to this Disclosure Statement is a sketch plan showing the location of the Property andthe proposed layout and design of the Development and the dimensions or areas of the Strata Lots, limitedcommon property and Common Property.

2.2 Permitted Use

The Property is dual-zoned R-4 (Medium Density Residential) and R-5 (High Density Residential) under theCity of Salmon Arm Zoning Bylaw. Attached as Exhibit “B” to this Disclosure Statement is a copy of theZoning Map showing the location of the dual zones on the Property.

All eighty (80) strata lots (the “Strata Lots”) are permitted to be used for residential purposes. No Strata Lotsmay be used for commercial or other purposes not ancillary to residential purposes. Further information aboutzoning requirements and permissible uses can be obtained from the Development Services Department ofthe City of Salmon Arm located at 500 - 2 Avenue NE, Salmon Arm, British Columbia.

2.3 Phasing

A phased strata plan development is constructed in stages over a period of time. As each phase iscompleted, the plans for that phase are added to the original strata plan deposited in the land title office andthe phases are incorporated into one strata plan. The eighty (80) Strata Lots in the Development will beconstructed in nine (9) phases, with four (4) Strata Lots in Phase 1, three (3) Strata Lots in Phases 2 and 3,two (2) Strata Lots in Phase 4, three (3) Strata Lots in Phase 5, four (4) Strata Lots in Phase 6, five (5) StrataLots in Phase 7 and twenty-eight Strata Lots in each of Phases 8 and 9. The Developer is currently marketingthe twelve (12) Strata Lots in Phases 1 - 4 of the Development.

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A Form P, Phased Strata Plan Declaration, together with a sketch plan of the phased strata plan, must be filedin the land title office concurrently with the first phase of the phased strata plan. The Form P must beapproved by the Approving Officer for the City of Salmon Arm. A copy of the draft Form P which will besubmitted to the Approving Officer for approval is attached as Exhibit “C” to this Disclosure Statement. It isnot known whether the Form P will be approved, however, the Developer does anticipate such approval asthe Form P reflects the development proposal presented to the City of Salmon Arm.

A Developer may elect not to proceed with the next phase of a phased strata plan. The Form P shows thedate by which the Developer must elect not to proceed with a subsequent phase. In the event the Developerelects not to proceed, the Developer must give written notice to the strata corporation and the approvingofficer prior to the election dates noted in the Form P and file with the Registrar of the land title office a noticeof election not to proceed. The timing of, and the Developer’s decision as to whether or not to proceed withsubsequent phases of the Development will depend upon a number of factors including, without limitation,market conditions.

There are no Common Facilities planned for the Development.

3 Strata Information

3.1 Unit Entitlement

The unit entitlement of each of the Strata Lots establishes each owner's share of the Common Property andother assets of the Strata Corporation, and is the figure by reference to which the owner's contribution tocommon expenses of the Strata Corporation is calculated. In accordance with Section 246(3)(a)(ii) of theStrata Property Act, the unit entitlement for each Strata Lot is a whole number that is the same for all theStrata Lots. A draft copy of the Form V which the Developer proposes to file is attached as Exhibit "D" to thisDisclosure Statement. The Form V, required by the Strata Property Act, setting out the unit entitlement foreach of the Strata Lots contained in the Development will be filed at the Kamloops Land Title Officeconcurrently with the filing of the strata plan for the Development.

Section 278 of the Strata Property Act provides that every owner's share of the property and assets of theStrata Corporation in the event of a winding up will be determined on the basis of municipally assessedvalues, or appraised values, if there are no municipal assessments.

3.2 Voting Rights

Pursuant to Section 53(1) of the Strata Property Act, each of the Strata Lots is entitled to one vote in theStrata Corporation.

3.3 Common Property and Facilities

Common Property within the Development consists of the roadways, sidewalks and landscaped areas. Common Property also includes any items defined as “common property” in the Strata Property Act. Thereare no common facilities planned for the Development and the Strata Corporation will not, when it is firstcreated, hold any common assets.

Maintenance and repair of the Common Property and Common Assets will be a common expenses of allowners of the Strata Lots. The proportionate share of the common expenses attributable to each of the StrataLots is determined on the basis of unit entitlement.

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The Bylaws of the Strata Corporation create separate sections for the apartment-style strata lots and thetownhouse-style strata lots. The separate sections are responsible for the repair and maintenance of anycommon assets of the Strata Corporation that are for the exclusive use of such section. The proportionateshare of such repair and maintenance will be attributed to each of the Strata Lots within such section on thebasis of unit entitlement.

Purchasers should note that the Strata Corporation may, in accordance with the provisions of Part 7 of theStrata Property Act, repeal and amend all bylaws and adopt new bylaws and rules and regulations which,amongst other things, govern the use of any of the Strata Lots and Common Property.

3.4 Limited Common Property

The Limited Common Property is an area within the Common Property that may be used exclusively by oneor more Strata Lot owners. The Developer intends to designate the entrances, decks, balconies anddriveways associated with each Strata Lot as Limited Common Property benefiting the applicable Strata Lot. In addition, the Developer intends to designate one parking stall as Limited Common Property for each of theStrata Lots located in Phases 8 and 9.

The Strata Corporation is responsible for maintaining all Common Property, including Limited CommonProperty. However, under Section 72(2)(a) of the Strata Property Act, the Strata Corporation may, by bylaw,make owners of Strata Lots responsible for the repair and maintenance of limited common property which theyuse. Bylaw 3(2) of the Bylaws of the Strata Corporation make an owner responsible for maintaining andrepairing Limited Common Property which they use, except for the following, which the Strata Corporationshall repair and maintain:

(i) repair and maintenance of limited common property that in the ordinary course of events occurs less thanonce a year;

(ii) the structure of a building;(iii) the exterior of a building;(iv) chimneys, stairs, balconies and other things attached to the exterior of a building;(v) doors, windows or skylights, on the exterior of a building or that front on the common property; and(vi) fences, railings and similar structures that enclose patios, balconies and yards.

The Bylaws of the Strata Corporation create separate sections for the apartment-style strata lots and thetownhouse-style strata lots. The separate sections are responsible for maintaining all common assets of theStrata Corporation that are for the exclusive use of that section (if any) and limited common propertydesignated for the exclusive use of that section, but the duty to repair and maintain is restricted to:

(i) repair and maintenance that in the ordinary course of events occurs less often than once a year;(ii) the structure of a building;(iii) the exterior of a building;(iv) chimneys, stairs, balconies and other things attached to or adjoining the exterior of a building;(v) doors and windows on the exterior of a building or that front on the common property; and(vi) fences, railings and similar structures that enclose patios, balconies and yards.

A designation of limited common property on the strata plan can only be removed by unanimous resolutionof the owners of the Strata Lots.

3.5 Bylaws

The Strata Corporation will have the amended Bylaws set out on the Form Y attached as Exhibit "E" to thisDisclosure Statement, unless and until amended in accordance with the provisions of Part 7 of the StrataProperty Act.

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The amended Strata Bylaws create separate sections for the apartment-style strata lots and the townhouse-style strata lots. The separate sections represent the interests of the strata lot owners in that section. Eachsection operates independently from other sections in the strata corporation with respect to matters that relatesolely to that section. The Strata Corporation will elect a strata council to administer the strata corporationas whole. Each section will elect an executive to administer matters relating solely to that section.

With respect to matters relating solely to a section, the section is a corporation and has the same powers asthe strata corporation to:

(i) establish its own operating fund and contingency reserve fund for common expenses of the sectionincluding expenses relating to limited common property designated for the exclusive use of all the stratalots in that section;

(ii) prepare a section budget and require section owners to pay strata fees and special levies forexpenditures the section authorizes;

(iii) enter contracts in the name of the section;(iv) sue or arbitrate in the name of the section;(v) acquire and dispose of land and other property in the name of or on behalf of the section; and(vi) enforce bylaws and rules.

The executive of the section may make rules governing the use, safety and condition of:

(i) limited common property designated for the use of all strata lots in the section; and(ii) property acquired in the name of the section.

Purchasers should note that all bylaws are subject to change from time to time in accordance with theprovisions of Part 7 of the Strata Property Act.

3.6 Parking

Each Strata Lot in Phases 1 - 7 will contain an enclosed garage with parking for two vehicles (see Exhibit “A”for details). One parking stall will be provided for each Strata Lot in Phases 8 and 9, which will be designatedas Limited Common Property for the use of the designated Strata Lot. Additional parking is available on theCommon Property.

3.7 Furnishings and Equipment

Not applicable.

3.8 Budget

The Strata Corporation will be responsible for the items set out in the proposed budget which is attached asExhibit "F" to this Disclosure Statement. All items represent estimated annual expenses, based on informationobtained by the Developer, or on costs for similar developments. The appropriate level of the ContingencyReserve Fund will be decided by the Strata Corporation, and future levies for the Contingency Reserve Fundwill vary. The Developer will, in accordance with the requirements of Section 12 of the Strata Property Act,contribute 5% of the Strata Corporation's interim budget within 12 months of the strata plan being depositedat the Kamloops Land Title Office. The estimated monthly payment amounts to be made by the owners of theStrata Lots under the budget in effect until the first annual general meeting of the Strata Corporation can bedetermined by allocating the total estimated expenses under the budget according to the unit entitlement ofeach of the Strata Lots.

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Under Section 7 of the Strata Property Act, a Developer must pay the Strata Corporation's expenses up tothe end of the month in which the first conveyance of a strata lot to a purchaser takes place. Under Section14 of the Strata Property Act, after that month and before the first annual budget takes effect, if the StrataCorporation's expenses exceed the estimated expenses in the interim budget, the Developer must pay theexcess to the Strata Corporation. In addition to paying the amount of the excess expenses, where thoseexcess expenses are more than 10% or 20% of the amounts estimated in the interim budget, Section 3.1(1)of the Strata Property Act Regulations requires the Developer to pay a further amount, equal to two or threetimes the amount of the excess respectively, to the Strata Corporation.

Each Owner of a Strata Lot will be individually responsible for the payment of property taxes for their ownStrata Lot as well as for payment of water usage and sanitary sewer charges, hydro, natural gas, cablevision,telephone for their own Strata Lot. Each Strata Lot owner will be responsible for obtaining appropriateinsurance coverage for their personal belongings in their own Strata Lot.

3.9 Utilities and Services

The Developer will obtain the necessary permits and will install the following utilities to the Development:

A. WaterWater supply is from the City of Salmon Arm.

B. ElectricityThe Development will be serviced with electricity provided by British Columbia Hydro and PowerAuthority.

C. SewerageSanitary sewer disposal will be from the City of Salmon Arm.

D. Natural GasThe Development will be serviced with natural gas provided by Terasen Gas.

E. Fire ProtectionFire protection will be provided by the City of Salmon Arm.

F. TelephoneThe Strata Lots are connected to telephone and telecommunications service provided by TelusCommunications Inc.

G. AccessAccess to the Property will be from 15 Avenue NE, in Salmon Arm, British Columbia.

H. Garbage RemovalGarbage removal will be provided by the City of Salmon Arm.

I. CablevisionThe subdivision lots will be provided with television and telecommunications service.

The Developer anticipates that all permits for servicing of the Development will be obtained by September 30,2018 and that the services will be completely installed December 31, 2018.

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3.10 Strata Management Contracts

The Developer has not entered into, and does not intend to enter into, any strata management contract thatwill bind the Strata Corporation.

3.11 Insurance

Public liability insurance, in an amount not less than $2,000,000.00, and property insurance on assets ownedby the Strata Corporation will be obtained by the Developer in the name of the Strata Corporation inaccordance with the requirements of Sections 149 and 150 of the Strata Property Act.

3.12 Rental Disclosure Statement

The Developer intends to sell all of the Strata Lots. However, the Developer reserves the right to rent or leaseall of the Strata Lots not sold in any phase. A copy of the Form J, Rental Disclosure Statement which theDeveloper will be filing with the Superintendent of Real Estate is attached hereto as Exhibit “G”.

3.13 First Annual General Meeting of the Strata Corporation

Section 16 of the Strata Property Act requires the Developer to hold the first annual general meeting of theStrata Corporation within six weeks of the earlier of:

(i) the date on which 50% plus one of the strata lots have been conveyed to purchasers;(ii) the date that is nine months after the first conveyance of a strata lot to a purchaser.

If that meeting is not held on time, Section 3.1(2) of the Strata Property Act Regulations requires theDeveloper to pay the Strata Corporation $1,000.00 for a delay of up to 30 days, and a further $1,000.00 foreach additional delay of seven days.

3.14 Documents to be delivered by the Developer to the Strata Corporation

Section 20(2) and 35 of the Strata Property Act require that the Developer deliver certain documents to theStrata Corporation. The Developer will, in accordance with these requirements, deliver copies of the followingdocuments to the Strata Corporation:

(i) all plans required to obtain a building permit and any amendments to the building permit plans;(ii) any document in the Developer's possession that indicates the location of pipes, wires, cables, chutes,

ducts, or other service facilities that are not shown on a plan;(iii) all contracts entered into by the Strata Corporation;(iv) any Disclosure Statement filed under the Real Estate Development Marketing Act and any Rental

Disclosure Statement;(v) the registered strata plan from the Land Title Office;(vi) the names and addresses of contractors, subcontractors and persons primarily responsible for supplying

labour or materials to the project;(vii) the names and addresses of any technical consultants, including building envelope specialists, if any;(viii) the name and address of any project manager;(ix) all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturers'

documentation and other similar information relating to common property or common assets; and(x) any other records required to be provided by the Developer by the Strata Property Act or Regulations.

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4 Title and Legal Matters

4.1 Legal Description

The legal description of the property where the development will occur is:

PID: 011-642-777 Parcel A (Plan B6059) of Lot 7 Section 24 Township 20 Range 10 W6M KDYD Plan 1327Except Plans 9125, KAP46137 and KAP84896

(the “Property”).

4.2 Ownership

The Developer is the legal and beneficial owner of the Property.

4.3 Existing Encumbrances and Legal Notations

The encumbrances and legal notations presently registered against the title to the Property are as follows:

(i) Legal Notation CA6778355. This Notice of Development Permit under Section 489 of the LocalGovernment Act was registered on May 3, 2018 against the Property.

(ii) Mortgage CA6509419 in favour of Carmen Jarvis. This mortgage was granted by the Developer to thelender on December 14, 2017 in partial satisfaction of the purchase price for the Property. This mortgagewill be paid out and discharged by the Developer at the time the lender(s) providing the constructionfinancing registers its mortgage and assignment of rents.

4.4 Proposed Encumbrances

Encumbrances which are to be proposed to be registered against the title to the Property are as follows:

(i) Easements for access, water, storm sewer, hydro, telephone, cablevision and sanitary sewer in favourof the remainder of the Property charging the common property created upon the registration of the StrataPlan (as required). The Developer intends to file partial discharges of these easements, as appropriate,upon the registration of subdivision plans for subsequent development of the remainder of the Propertyand these easements can be fully discharged once the Development is complete. Copies of theseEasements will be made available by the Developer upon request.

(ii) Any easements required for utilities or access in favour of the Development charging the remainder ofthe Property.

(iii) Any rights of way, easements, restrictive covenants, dedications and other rights and restrictions requiredby the City of Salmon Arm, British Columbia Hydro and Power Authority, Telus Communications Inc., theProvince of British Columbia, or any other governmental authority or public utility.

(iv) Pursuant to the provisions of Section 69 of the Strata Property Act, any implied easements which maybe necessary for the passage or provision of water, storm and sanitary sewer, electricity, telephone andother services existing within one or more of the Strata Lots as an appurtenance to the Common Propertyand also to every other Strata Lot capable of enjoying the easements. The Developer may elect toregister a specific easement(s) in connection with any such services in order to clearly identify theirlocation. Any purchaser interested in the specific location of these services can obtain a copy of a planshowing their location from the Developer.

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(v) Easements for access, water, storm sewer, hydro, telephone, cablevision and sanitary sewer in favourof the Strata Lots charging the remainder of the Property (as required).

(vi) The Developer will grant a first mortgage and an assignment of rents against the Property in favour ofthe lender providing the construction financing and a general security interest in the personal propertyincluded in the Development, in order to secure a construction loan for the Development (theConstruction Mortgage") and to payout the Mortgage described in Paragraph 4.3(ii) above. Partialdischarges of the Construction Mortgage will be made available to the Developer upon receipt of anagreed upon portion of net proceeds from the sale of each of the Strata Lots.

4.5 Outstanding or Contingent Litigation or Liabilities

The Developer is not aware of any outstanding or contingent litigation or liabilities in respect of theDevelopment, the Property, or against the Developer, that may affect the Strata Corporation or the purchasersof the Strata Lots.

4.6 Environmental Matters

The Developer is not aware of any material facts relating to flooding or the condition of soil and sub-soil orother environmental issues, or of any requirements by an governmental authorities or the City of Salmon Armrelating to those matters.

5 Construction and Warranties

5.1 Construction Dates

The estimated date range of commencement of construction of Phase 1 of the Development is July 15 -October 15, 2018. The estimated date range for completion of construction, being the date the that adevelopment unit within Phase 1 may be occupied is December 15, 2018 - March 15, 2019.

The Developer anticipates commencing and completing construction of Phases 2 - 9 by the dates indicatedon the Form P, Phased Strata Plan Declaration attached as Exhibit “C” to this Disclosure Statement. TheDeveloper may elect not to proceed with phases subsequent to Phase 1 upon compliance with Section 235of the Strata Property Act.

5.2 Warranties

The Developer will obtain home warranty insurance coverage for the Strata Lots and the Common Property,which will provide the following coverage to purchasers pursuant to the requirements of the HomeownerProtection Act (British Columbia). The coverage includes a one year warranty against defects in material andworkmanship, a two year warranty against Building Code deficiencies and defects in the major systems andexterior cladding of the home, a five year warranty against building envelope defects and a ten year warrantyagainst structure defects, all of which is subject to the terms, conditions and limitations of the policy, a copyof which will be provided to each purchaser of a Strata Lot. Further information can be obtained from theDeveloper upon request.

5.3 Previously Occupied Building

Not applicable

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6 Approvals and Finances

6.1 Development Approval

The City of Salmon Arm issued a Development Permit (DP-417) for Phases 1 - 7 of the Development and theDeveloper anticipates receiving building permits for Phases 1 - 4 within nine (9) months of the date of filingthis Disclosure Statement with the Superintendent of Real Estate . The Strata Lots in Phases 5 - 7 of theDevelopment will not be marketed until the Developer obtains building permits for the buildings and has filedan Amendment to this Disclosure Statement. The Strata Lots in Phases 8 and 9 of the Development will notbe marketed until the Developer has obtained a Development Permit for the buildings in Phases 8 and 9 andhas filed an Amendment to this Disclosure Statement.

6.2 Construction Financing

The Developer has arranged financing with a private lender from the Province of Alberta for the constructionand servicing of the Development. This financing, together with the Developer’s own funds, will pay for thecreation, servicing and construction of the Strata Lots. The Developer will grant the security described inParagraph 4.4 (vi) above to secure the construction and servicing financing.

7 Miscellaneous

7.1 Deposits

All deposits received from purchasers (collectively the “Deposits”) shall be held in the trust account of theselling agent, the conveyancing lawyer, or the conveyancing notary public, in a manner required by the RealEstate Development Marketing Act until the strata plan for the Development is deposited in the Land TitleOffice, the Strata Lot purchased is capable of being lawfully occupied, and the title contracted for is registeredin the appropriate land title office, or until the Deposit is otherwise paid out in accordance with the Real EstateAct Development Marketing Act.

7.2 Purchase Agreement

(i) The Developer intends to use the form of Purchase Agreement attached hereto as Exhibit “H”. ThePurchase Agreement should be read in its entirety by each purchaser.

(ii) The Purchase Agreement provides for that the Purchase Agreement may be terminated for the followingreasons:

(a) if the buyer fails to pay the deposits required under the Purchase Agreement, then the Developermay, at its option, terminate the Purchase Agreement;

(b) if the buyer fails to pay the Purchase Price in accordance with the Purchase Agreement, then theDeveloper may, at its option, terminate the Purchase Agreement and, in such case, the buyer'sdeposit monies (plus accrued interest, if applicable) are absolutely forfeit to the Developer on accountof damages;

(c) if any party fails to remove or waive its conditions precedent, the Purchase Agreement is terminated;or

(d) if an amendment to the Disclosure Statement that sets out the particulars of an issued building permitfor the buyer’s Strata Lot within 12 months of when this Disclosure Statement is filed, or if the buildingpermit materially changes the layout or size of the buyer’s Strata Lot, the construction of a majorcommon facility (including any recreation centre or clubhouse), or the general layout of theDevelopment.

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(iii) There are no provisions in the Purchase Agreement that allow for an extension of time for completing thePurchase Agreement.

(iv) The Purchase Agreement prohibits the Buyer from assigning the Purchase Agreement to a new Buyerwithout the written consent of the Developer and provides that the Developer is entitled to any profit fromany assignment of the Purchase Agreement.

(v) There is no provision in the Purchase Agreement for the Buyer or the Developer to receive interest onthe deposit monies.

7.3 Developer’s Commitments

Not applicable.

7.4 Other Material Facts

The Developer is not aware of any other facts that affect, or could reasonably be expected to affect, themarket price, value or use of a Strata Lot or the Property.

Section 22 of the Real Estate Development Marketing Act provides that every purchaser who isentitled to receive this Disclosure Statement is deemed to have relied on any false or misleadingstatement of a material fact contained in this Disclosure Statement, if any, and any omission to statea material fact. The developer, its directors and any person who has signed or authorized the filingof this Disclosure Statement are liable to compensate the purchaser for any misrepresentation,subject to any defences available under section 22 of the Act.

The foregoing statements disclose, without misrepresentation, all material facts relating to theDevelopment referred to above, as required by the Real Estate Development Marketing Act of BritishColumbia as of June 21, 2018.

UPTOWN VENTURES LTD. DIRECTORS

per: ______________________________ Authorized Signatory Randy Meise

______________________________ Darwin Laurie

______________________________ Lorie Peregrym

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EXHIBIT “A”

Sketch Plan showing the Development

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DH

A

PLAN B6059

PARKINGRAMP

PARKINGRAMP

R5 APARTMENT 37.5M X 26M(123FT X 85FT)W/ UNDERGROUND PARKING

R4 R5

R5 APARTMENT 37.5M X 26M(123FT X 85FT)W/ UNDERGROUND PARKING

DH

SIDE YARDSETBACK

(1.8m)

FRONT YARDSETBACK

(5.0m)

PHASE 1 DEVELOPMENT(PROPOSED)

PHASE 2 DEVELOPMENT(FUTURE)

4.0m

SIDE YARD SETBACK(1.8m)2.0m

2.0m

2.0m

2 m

150mm WATERPARKINGRAMP

DECK

UNIT TYPE 'A2'

15thAVENUENE

ASPENALDER

LARCH

LARCH

CEDAR

CEDAR

HEMLOCK

PATIO

DECK

GARBAGE/ RECYCLING

2m

PATHWAY

SID

EWA

LK

SIDEW

ALK

PATIO

PATIO

PATIO

PATIO PATIO

AC

CES

SR

OU

TE

ACCESSROUTE

SIDEWALK

FUTURE5-STOREY

RESIDENTIALBUILDING

LANDSCAPING

LANDSCAPING

PHASE 2PHASE 1

PHAS

E 3

PHASE 4

PHASE 5

PHASE 6

PHASE 7

2

1

46

357

81012

14

91113

24

22

20

18

16

15

17

19

21

23

FUTURE5-STOREY

RESIDENTIALBUILDING

UPTOWN VILLAGE- PHASING PLANJUNE 2018

NOT TO SCALE

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EXHIBIT “B”

Zoning Map showing Dual Zoning

Page 37: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

My Map

15 AVENUE N.E.

1

1

PLAN 9125

A8

PLAN B6059PLAN 1327

KAS 1847

AB

KAP84499

KAP84896

2891

2690

2860 2890

2810

50 m

100 ft

N

Legend

A Address Text

A Parcel Text

A Street Text

Parcels

Strata

Zoning

A-1

A-2

A-3

C-1

C-2

C-2A

C-3

C-4

C-5

C-6

C-7

C-8

C-9

C-16

CD-1

CD-2

CD-3

CD-4

CD-6

CD-7

CD-8

CD-9

CD-11

CD-12

CD-13

CD-14

CD-15

CD-17

CD-18

EP-1

IR

M-1

M-2

M-3

M-4

M-5

P-1

P-2

P-3

R-1

R-2

R-3

R-4

R-5

R-6

R-7

R-8

R-9

The City of Salmon Arm makes no representation as to the completeness, timeliness and accuracy of the

information contained on this website. The City of Salmon Arm expressly disclaims liability for any

and all damages and losses arising from or in any way related to the use of this website.

Zone R-4

Zone R-5

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EXHIBIT “C”

Proposed Form P, Phased Strata Plan Declaration

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STRATA PROPERTY ACT

FORM PPHASED STRATA PLAN DECLARATION

(Sections 221, 222)

I, Randy Meise, Director of UPTOWN VENTURES LTD. (the “Developer”) declare that:

1. The Developer intends to create a strata plan by way of phased development (the “Development”)of the following land which the Developer owns or on which the Developer holds a right to purchase:

Parcel A (Plan B6059) of Lot 7 Section 24 Township 20 Range 10 W6M KDYD Plan 1327 exceptPlans 9125, KAP46137 and KAP84896

2. The plan of development is as follows:

(a) The Development will be comprised of 80 residential strata lots which will be registered innine (9) separate phases consisting of 4 strata lots in Phases 1 and 6, 3 strata lots in Phases2, 3 and 5, 2 strata lots in Phase 4, 5 strata lots in Phase 7, and 28 strata lots in Phases 8and 9. The servicing for the Development will be completed in conjunction with each Phase.

(b) A sketch plan is attached showing:

(i) all of the land to be included in the phased strata plan,(ii) the present parcel boundaries, and(iii) the approximate boundaries of each phase.

(c) The estimated dates for the beginning of construction and completion of construction of eachphase of the Development is as follows:

Phase 1: Construction is expected to commence on or before July 15, 2018, andcompletion is anticipated on or about March 15, 2019;

Phase 2: Construction is expected to commence on or before July 15, 2019, andcompletion is anticipated on or before March 15, 2019;

Phase 3: Construction is expected to commence on or before July 15, 2020, andcompletion is anticipated on or before March 15, 2020;

Phase 4: Construction is expected to commence on or before July 15, 2021, andcompletion is anticipated on or before March 15, 2021;

Phase 5: Construction is expected to commence on or before July 15, 2022, andcompletion is anticipated on or before March 15, 2022;

Phase 6: Construction is expected to commence on or before July 15, 2023, andcompletion is anticipated on or before March 15, 2023;

Phase 7: Construction is expected to commence on or before July 15, 2024, andcompletion is anticipated on or before March 15, 2024;

Phase 8: Construction is expected to commence on or before July 15, 2025, andcompletion is anticipated on or before March 15, 2027;

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Phase 9: Construction is expected to commence on or before July 15, 2026, andcompletion is anticipated on or before March 15, 2028;

(d) The total unit entitlement for Phase 1 will be 4. The unit entitlement for Phases 2, 3 and 5will each be 3. The unit entitlement for Phase 4 will be 2. The unit entitlement for Phase 6will be 4. The unit entitlement for Phase 7 will be 5. The unit entitlement for Phases 8 and9 will be 28 each. If there is no change to the final unit entitlement, the total unit entitlementfor all of the strata lots in the Development will be 80.

(e) The Development will consist of 80 residential strata lots contained seven (7) townhome stylebuildings consisting of one 5-unit building, two 4-plexes, three tri-plexes and one duplex, andtwo (2) apartment-style buildings consisting of 28 units each.

3. The Developer will elect to proceed with each phase on or by the following dates:

Phase Number Date

Phase 1 July 15, 2018

Phase 2 May 15, 2019

Phase 3 May 15, 2020

Phase 4 May 15, 2021

Phase 5 May 15, 2022

Phase 6 May 15, 2023

Phase 7 May 15, 2024

Phase 8 May 15, 2025

Phase 9 May 15, 2026

UPTOWN VENTURES LTD.by its authorized signatory:

______________________________________Randy Meise

Date of approval: __________________, 2018

________________________________________Kevin Pearson,Approving Officer for City of Salmon Arm

* Section 222(2) of the Act provides that approval expires after one year unless the first phase is deposited before that time

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EXHIBIT “D”

Form V, Schedule of Unit Entitlement

Page 42: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

STRATA PROPERTY ACTFORM V

SCHEDULE OF UNIT ENTITLEMENT(Sections 245(a), 246, 264)

RE: Strata Plan _____________, being a strata plan of:

Parcel Identifier: No PID NumberLot 1 Section 24 Township 20 Range 10 W6M KDYD Plan EPP____________ (the "Property")

STRATA PLAN CONSISTING ENTIRELY OF RESIDENTIAL STRATA LOTS

The unit entitlement for each residential land strata lot is one of the following [check appropriate box], asset out in the following table:

� (a) the habitable area of the strata lot, in square metres, rounded to the nearest wholenumber as determined by a British Columbia land surveyor as set out in section246(3)(a)(i) of the Strata Property Act.

Certificate of British Columbia Land SurveyorI, __________________, a British Columbia land surveyor, certify that the following tablereflects the habitable area of each residential strata lot.Date:_______________________________________Signature

: (b) a whole number that is the same for all of the residential strata lots in the strata plan as

set out in section 246(3(a)(ii) of the Strata Property Act.OR� (c) a number that is approved by the Superintendent of Real Estate in accordance with

Section 246(3)(a)(iii) of the Strata Property Act.

Signature of Superintendent of Real Estate

Strata Lot # Sheet No. Habitable Area Sq.Metres

Unit Entitlement % *of Total UnitEntitlement**

1 1

2 1

3 1

4 1

5 1

6 1

7 1

8 1

9 1

10 1

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11 1

12 1

13 1

14 1

15 1

16 1

17 1

18 1

19 1

20 1

21 1

22 1

23 1

24 1

25 1

26 1

27 1

28 1

29 1

30 1

31 1

32 1

33 1

34 1

35 1

36 1

37 1

38 1

39 1

40 1

41 1

42 1

43 1

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Total Units: 80 Total Unit Entitlement: 80 * expression of percentage is for informational purposes only and has no legal effect** not required for a phase of a phased strata plan

Date: June _____, 2018

Signature of Owner Developer

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EXHIBIT “E”

Form Y, Owner Developers’ Notice of Different Bylaws

Page 47: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

Strata Property Act

FORM Y

OWNER DEVELOPERS’ NOTICE OF DIFFERENT BYLAWS(Section 245(d). Regulations section 14.6(2))

Re: Strata Plan ___________, being a strata plan of

Parcel Identifier:

The following or attached bylaws differ from the Standard Bylaws to the Strata Property Act, as permitted bysection 120 of the Act:

Schedule of Bylaws

Division 1 - Separate Sections and Operations

1. Sections

(1) The Owners of all the apartment-style residential strata lots (the “Apartment-Style StrataLots”) shall form a separate section (the “Apartment Section”) within the Strata Corporationconsisting of all apartment-style residential strata lots.

(2) The Owners of all the townhouse-style residential strata lots (the “Townhouse-Style StrataLots”) shall form a separate section (the “Townhouse Section”) within the Strata Corporationconsisting of all the townhouse-style residential strata lots.

Division 2 - Duties of Owners, Tenants, Occupants and Guests

2. Payment of fees

(1) Owners must pay strata fees on or before the first day of the month to which the strata feesrelate.

(2) Owners must pay all rates, taxes, charges and assessments that are payable in respect oftheir strata lot.

(3) Until occupancy permits are issued for all the strata lots, strata fees will be paid and allocatedonly by those owners of strata lots for which an occupancy permit has been issued by the Cityof Salmon Arm.

3. Repair and maintenance of property by Owner

(1) An Owner must repair and maintain the Owner’s strata lot, except for repair and maintenancethat is the responsibility of the Strata Corporation under these Bylaws.

(2) An Owner who has the use of limited common property must repair and maintain it, exceptfor repair and maintenance that is the responsibility of the Strata Corporation under theseBylaws.

(3) An Owner shall promptly carry out all work that may be ordered by a competent public or local

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authority in respect of his or her strata lot.

4. Use of property

(1) An Owner, tenant, occupant or visitor must not use a strata lot, the common property,common assets or common facilities in a way that causes a nuisance or hazard to anotherperson, causes unreasonable noise, unreasonably interferes with the rights of other personsto use and enjoy the common property, common assets, common facilities or another stratalot, is illegal, or is contrary to a purpose for which the strata lot or common property, commonassets or common facilities are intended as shown expressly or by necessary implication onor by the strata plan or in these Bylaws.

(2) An Owner, tenant, occupant or visitor must not cause damage, other than reasonable wearand tear to the common property, common assets, common facilities or those parts of a stratalot which the Strata Corporation must repair and maintain under these bylaws or insure undersection 149 of the Act.

(3) An owner, tenant, occupant or visitor must not, unless they have received prior the specificapproval in writing from the strata council, keep any pets on a strata lot, limited commonproperty, or common property, other than:

(i) fish in an aquarium;

(ii) up to two caged birds;

(iii) up to two dogs or two cats, or one dog and one cat.

All pets must be kept on a leash when not inside a strata lot. If a pet causes noise or odourwhich is a nuisance or annoyance to other owners, the owner of the pet shall take all stepsnecessary to prevent the noise or odour from continuing, or permanently remove the pet fromthe property within seven days of receiving a written notice to do so from the strata council. An owner is responsible for the immediate clean-up of his/her pet’s waste or mess from thecommon property.

(4) An Owner shall not use his or her residential strata lot or any part thereof for any purposewhich may be illegal or injurious to the reputation of the Strata Corporation. An Owner shallbe entitled to use his or her residential strata lot for commercial purposes, akin to a homebased business, subject to all of the following:

(i) the commercial purpose shall not attract any retail customer or traffic component;

(ii) the Owner shall first obtain any and all approvals and licenses required by the localauthority; and

(iii) the Owner shall first have notified Council in writing and received Council approval ofsuch activity.

(6) An Owner shall not make any repairs, additions, renovations, modifications or alterations tothe floor, ceiling or walls of his or her strata lot or the common property appurtenant to his orher strata lot without first complying with each of the following requirements:

(i) the plans and specification, as well as the name of the contractor or trades to be

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utilized for such purposes, shall be submitted to the Council no less than 60 days priorto the proposed commencement of the work, and no work may be commencedwithout obtaining the prior written consent of the Council, which consent may bewithheld in the Council’s sole discretion if it determines the work to be adverse,detrimental or otherwise not in the best interest of the Owners, the Strata Corporationand/or the building and its occupants;

(ii) all such work, materials and installations must be in accordance with all buildingcodes, rules and regulations in force from time to time, and must be in accordancewith best practices and shall not interfere with the original intent of the design for thebuilding, the common property and/or the strata lots; and

(iii) the materials, methods of construction and resulting improvements after completionof the work must ensure the Strata lot has the following minimum sound attenuationlevels and performance ratings: Sound Transmission Class (STC) of not less than 54,Impact Insulation Class (IIC) of not less than 58 and Field Impact Insulation Class(FIIC) of not less than 60.

5. Inform Strata Corporation

(1) Within 2 weeks of becoming an Owner, an Owner must inform the Strata Corporation of theOwner’s name, strata lot number and mailing address outside the strata plan, if any.

(2) On request by the Strata Corporation, a tenant must inform the Strata Corporation of his orher name and complete a Notice of Tenants Undertaking to abide by these Bylaws if rentingon a month to month or yearly basis.

(3) An Owner shall notify the Strata Corporation promptly of any change or ownership or of anymortgage or other dealing in connection with his or her strata lot.

6. Obtain approval before altering a strata lot

(1) An Owner must obtain the written approval of the Strata Corporation before making analteration to a strata lot that involves the structure of a building, the exterior of a building,chimneys, stairs, balconies or other things attached to the exterior of the building, doors orwindows on the exterior of a building or that front on the common property, fences, railingsor similar structures that enclose a patio, balcony or yard, common property located within theboundaries of a strata lot, and/or those parts of the strata lot which the Strata Corporationmust insure under section 149 of the Act, which approval may be arbitrarily withheld.

(2) Notwithstanding subsection (1), an Owner within a separate section shall not make or causeto made any structural alteration to his or her strata lot, or paint, decorate, or add to or removeany structure from the exterior of the building or the strata lot or add to or alter the wiring,plumbing, piping, or other services or utilities on his or her strata lot, or within any bearing orparty wall or the common property without first obtaining the written consent of the executiveof the separate section;

7. Obtain approval before altering common property

(1) An Owner must obtain the written approval of the Strata Corporation before making any changes, additions, improvements, alterations, enlargements, decorations, subtractions from,rearrangements of and subdivisions (collectively called the “Alterations”) to common property,including limited common property, or common assets.

(2) The Strata Corporation may arbitrarily withhold its consent and may require as a condition of

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its approval that the Owner agree, in writing, to take responsibility for any expenses relatingto the Alteration.

8. Permit entry to strata lot

(1) An Owner shall permit the Strata Corporation or its agents, at all reasonable times on not lessthan 24 hours prior notice, except in an emergency situation when notice is not required, toenter his or her Strata lot for the purpose of:

(i) inspecting the Strata lot and maintaining, repairing or renewing pipes, wires, cablesand ducts, conduits, plumbing, sewers and other facilities for the purpose of furnishingutilities for the time being existing in the Strata lot and capable of being used inconnection with the enjoyment of any other Strata lot or common property;

(ii) maintaining, repairing or renewing common property;

(iii) ensuring that these Bylaws are being observed; or

(iv) allowing the owner developer to repair or rectify any deficiencies to the Strata lotrequired to be conducted by the owner developer or its agents/subcontractors.

(2) An Owner shall also permit access to his or her Strata lot to allow the Strata Corporation tomaintain in good order, condition and repair the exterior or outside surfaces of the building,including exterior windows, exterior doors and all outside accoutrements affecting theappearance, usability, value or safety of the common property and/or the Strata lots.

9. Compliance with Bylaws

(1) Owners, tenants, occupants and visitors shall comply strictly with these Bylaws, and all otherBylaws of the Strata Corporation, and with rules and regulations adopted by the StrataCorporation or either of the separate sections applicable to such Owner from time to time. In addition, all Owners shall ensure that all tenants, occupants, invitees, guests and visitorsof and to their strata lot comply with all requirements set forth in these Bylaws.

10. Repair and maintenance of property by Strata Corporation

(1) The Strata Corporation must repair and maintain all of the following:

(i) common assets and common facilities of the Strata Corporation;

(ii) common property that has not been designated as limited common property;

(iii) limited common property, but the duty to repair and maintain it is restricted to:

(a) repair and maintenance that in the ordinary course of events occurs less oftenthan once a year; and

(b) the following, no matter how often the repair or maintenance ordinarily occurs:

(I) the structure of a building;

(II) the exterior of a building;

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(III) chimneys, stairs, balconies, patios, yards, decks and other thingsattached to or adjoining the exterior of a building;

(IV) doors and windows on the exterior of a building or that front on thecommon property;

(V) fences, railings and similar structures that enclose patios, balconies,yards and decks;

(VI) all parking stalls;

and the Council shall repair and maintain all such property in a first class andattractive condition

(iv) a strata lot, but the duty to repair and maintain is restricted to:

(I) the structure of a building;

(II) the exterior of a building;

(III) chimneys, stairs, balconies, patios, yards, decks and other thingsattached to or adjoining the exterior of a building;

(IV) doors and windows on the exterior of a building or that front on thecommon property as more specifically set out in section (2); and

(V) fences, railings and similar structures that enclose patios, balconies,and yards;

and the Council shall repair and maintain all such property in a first class andattractive condition;

provided that such duties to repair and maintain shall specifically exclude those propertieswhich are limited common property reserved for the use of either separate section andthat are to be managed, controlled and administered by either separate section as describedbelow.

(2) The Strata Corporation shall, except as otherwise specifically provided in these Bylaws,maintain and repair exterior or outside surfaces of the buildings including, without limitation,the roof, exterior windows, casings, mouldings, trim and glass, exterior light fixtures,brick/stone work, exterior doors including hardware, locks, casings, mouldings and trim,exterior walls of the buildings (but not interior non-load bearing walls or inside surfaces of theexterior walls) and all other outside accoutrements affecting the appearance, usability, valueor safety of the buildings, the strata lots and the common property, including any amenityareas, walkways, recreation equipment and other common facilities which are located on anypart of the common property for use in common by all Owners but excluding windows anddoors of any strata lot forming part of or used as access to any patio or balcony adjoiningsuch strata lot, which are limited common property and thus shall be the responsibility of thatstrata lot Owner.

(3) The Strata Corporation shall maintain and repair (including renewal where reasonablynecessary) pipes, wires, cables, chutes and ducts for the time being existing in the stratadevelopment and capable of being used in connection with the enjoyment of:(i) common property, excluding limited common property appurtenant to either separate

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section and common property to be controlled, managed and administered by eitherseparate section as described below, or

(ii) more than one strata lot where such strata lots are not within the same separatesection.

11. Strata Corporation management duties

(1) The Strata Corporation shall:

(i) control, manage and administer the common property (excluding limited commonproperty appurtenant to either separate section and common property to becontrolled, managed and administered by either separate section, as describedbelow), common facilities or other assets of the Strata Corporation for the benefit ofall Owners;

(ii) on the written request of an Owner or mortgagee of a strata lot, produce to him or aperson authorized in writing by him the insurance policies effected by the StrataCorporation and the receipt for the last premiums;

(iii) where an Owner’s interest is subject to a registered mortgage which entitles themortgagee to receive notice of all meetings, minutes, financial statements anddocuments of a similar nature of the Strata Corporation, upon the request of themortgagee, deliver such notices to the mortgagee at such address as the mortgageeshall specify in writing;

(iv) collect and receive all contributions toward the common expenses levied by the StrataCorporation and paid by the Owners, and deposit the same with a chartered bank ortrust company or credit union or financial institution established by the government;and

(v) pay all sums of money properly required to be paid on account of all services,supplies and assessments pertaining to, or for the benefit or, the Strata Corporation.

12. Powers of Strata Corporation

(1) Subject to the provisions of the Strata Property Act and Sections 15 and 42 below, the StrataCorporation may:

(i) purchase, hire or otherwise acquire personal property for use by Owners inconnection with their enjoyment of common property (excluding limited commonproperty appurtenant to a separate section and common property to be controlled,managed and administered by either separate section), common facilities or otherassets of the Strata Corporation;

(ii) borrow money required by it in the performance of its duties or the exercise of itspowers, including arranging an operating line of credit, on terms and at rates ofinterest which are consistent with prudent business practices;

(iii) secure repayment of money borrowed by it, and the payment of interest, by negotiableinstrument or mortgage of unpaid contributions, whether levied or not, or mortgageof any property vested in it, or by combination of those means;

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(iv) invest as it may determine in separate accounts money in the fund for administrativeexpenses, or in the contingency reserve fund;

(v) make an agreement with an Owner or occupier of a strata lot for the provision ofamenities or services by it to the strata lot or to the Owner or occupier;

(vi) grant an Owner the right to exclusive use and enjoyment of common property(excluding common property to be controlled, managed and administered by eitherseparate section), or special privileges in respect thereto, the grant to be determinableon reasonable notice, unless the Strata Corporation by unanimous resolutionotherwise resolves;

(vii) designate by special resolution an area as limited common property and specify thestrata lots that are to have the use of the limited common property;

(viii) make rules and regulations it considers necessary or desirable from time to time inrelation to the enjoyment, safety and cleanliness of the common property (excludinglimited common property appurtenant to a separate section and common property tobe controlled, managed and administered by either separate section), commonfacilities or other assets of the Strata Corporation;

(ix) do all things necessary for the enforcement of the bylaws and the rules andregulations of the Strata Corporation, and for the control, management andadministration of the common property (excluding limited common propertyappurtenant to a separate section and common property to be controlled, managedand administered by each separate section), common facilities or other assets of theStrata Corporation, generally, including removing privileges in the use of certainfacilities, or fixing and collecting fines for contravention of the bylaws, rules orregulations;

(x) determine the levy for the contingency reserve fund which shall be not less than 5%of the total annual budget, until the reserve reaches an amount that the Strata Councilconsiders sufficient having regard to the type of buildings in the strata plan, andthereafter raise further amounts of replacements of funds from time to time and overa period of time as the Strata Council thinks fit;

(xi) set up and maintain separate contingency reserve funds for each of the separatesections to be assessed and sued as is the contingency reserve fund for the StrataCorporation, but in respect of the limited common property of the relevant separatesections, such funds to be separately accounted for, with all interest to accrue to therelevant fund, but such funds need not necessarily be deposited into separateaccounts; and

(xii) join any organization serving the interests of strata corporations and assess themembership fee in the organization as part of the common expenses.

13. Repair and maintenance of property by separate sections

(1) Each separate section of the Strata Corporation shall be responsible for the repair andmaintenance of the following:

(i) common assets of the Strata Corporation that are for the exclusive use of suchsection, if any;

(ii) limited common property designated for the exclusive use of such section, but the

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duty to repair and maintain is restricted to:

(a) repair and maintenance that in the ordinary course of events occurs less oftenthan once a year; and

(b) the following, no matter how often the repair or maintenance ordinarily occurs:

(I) the structure of a building;

(II) the exterior of a building;

(III) chimneys, stairs, balconies, patios, yards, decks and other thingsattached to or adjoining the exterior of a building;

(IV) doors and windows on the exterior of a building or that front on thecommon property;

(V) fences, railings and similar structures that enclose patios, balconies,yards and decks;

and each such section shall repair and maintain all such property in a first class andattractive condition.

(2) Each separate section shall maintain all areas common to the separate sections, both internaland external, including storage areas, public halls, and appurtenant common areas and lobbyareas.

(3) Each separate section shall maintain and repair (including renewal where reasonablynecessary) pipes, wires, cables, chutes and ducts for the time being existing in such sectionof the strata development and solely being used in connection with the enjoyment of:

(i) common property to be controlled, managed and administered by the separatesection as described below;

(ii) more than one strata lot where all such strata lots are within the separate section; or

(iii) the limited common property designated for exclusive use of the separate section.

14. Management duties of separate sections

(1) Each separate section shall:

(i) remit to the Strata Corporation all contributions toward the common expenses leviedby the Strata Corporation; and

(ii) pay to the Strata Corporation all sums of money properly required to be paid onaccount of all repair, maintenance, services, supplies and assessments pertaining tothe separate section.

15. Powers of separate sections

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(1) Subject to the provisions of the Strata Property Act and Section 43 below, each separatesection of the Strata Corporation may:

(i) purchase, hire or otherwise acquire personal property for use by Owners in theseparate section in connection with their enjoyment of the limited common propertyappurtenant to, and common property to be controlled, managed and administeredby the separate section as described below, facilities common to the separate sectionor other assets of the separate section;

(ii) make an agreement with an Owner or occupier of a strata lot within the separatesection for the provision of amenities or services by it to the strata lot or to the Owneror occupiers thereof;

(iii) grant to an Owner within the separate section the right to exclusive use andenjoyment of limited common property appurtenant to or common property relevantto the separate section or special privileges in respect thereof, the grant to bedeterminable on reasonable notice, unless the Strata Corporation by unanimousresolution otherwise resolves;

(iv) make such rules and regulations as it may consider necessary or desirable from timeto time in relation to the enjoyment, safety and cleanliness of the limited commonproperty appurtenant to and common property relevant to the separate section andcommon property, facilities common to the separate section, or other assets of theseparate section; and

(v) do all things necessary for the enforcement of the rules and regulations of theseparate section, and for the control, management and administration of the limitedcommon property appurtenant to and common property relevant to the separatesection, facilities common to the separate section, or other assets of the separatesection, generally, including removing privileges in the use of certain facilities, or fixingand collecting fines for contravention of the bylaws, rules or regulations.

(2) Any resolutions passed by the Strata Corporation, the Council or the executive council of aseparate section shall clearly state the particular strata lots or common property or limitedcommon property to which such resolution applies and resolutions made by the executive ofa separate section shall apply only to the strata lots within, and limited common propertyappurtenant to, and common property to be controlled, managed or administered by, thatseparate section.

(3) Each of the Apartment Section and the Townhouse Section shall control, manage andadminister such portions of the common property as may reasonably be considered to beintended for the use of such section and without limiting the generality of the foregoing, suchportions of the common property for which expenses will be allocated to such section. Inconnection with the control, management and administration granted by these bylaws, eachseparate section shall be entitled to restrict the use and access to the common property ofeach separate section by the Owners of the other section.

Division 4 - Council and executive of Separate Sections

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16. Council size

(1) Subject to subsection (2), the Council must have at least 3 and not more than 7 members.

(2) If the strata plan has fewer than 4 strata lots or the Strata Corporation has fewer than 4Owners, all the Owners are on the Council.

(3) The developer shall exercise the powers and duties of the Council until a Council is electedby the Owners.

17. Executive of Separate Sections

(1) The executive of each separate section shall be elected at the first annual general meetingof the Owners called by the owner developer pursuant to the requirements of the StrataProperty Act then thereafter at each general meeting of the separate section called by theexecutive in accordance with sections 38 and 39.

(2) The executive of each separate section shall be elected by the Owners within that separatesection, shall consist of not less than 2 or more than 6 persons, shall have a chairman anda vice chairman and shall conduct its affairs in the same manner as the Council is requiredto conduct its affairs pursuant to the Strata Property Act and these Bylaws. Where there areless than 4 strata lots or less than 4 Owners in a separate section, the executive of thatseparate section shall consist of all Owners within that separate section.

(3) The developer shall exercise the powers and duties of the executive of each separate sectionuntil an executive is elected by the Owners within the separate section.

(4) The powers and duties of a separate section shall, subject to any restriction imposed or anydirection given at a general meeting of the separate section, be exercised and performed bythe executive of the separate section and the members of the separate section may pursuantto these Bylaws elect an executive, call and hold meetings and pass resolutions in the samemanner as the Strata Corporation provided that the Strata Corporation shall have the right,by a resolution of 3/4 of Owners entitled to vote at an annual or special general meeting, tooverrule a decision of the executive of a separate section which relates to common property,common assets or common facilities of the Strata Corporation.

18. Council Members’ terms

(1) The term of office of a Council Member ends at the end of the annual general meeting atwhich a replacement is elected.

(2) A person whose term as Council Member is ending is eligible for reelection.

(3) In the election of Council Members held at the first annual general meeting, all CouncilMembers must be elected for a term of one year.

(4) In the election of Council Members held at the second annual general meeting:

(i) if the Council has an even number of members, ½ the members must be elected fora term of 2 years and the remainder elected for a term of one year, or

(ii) if the Council has an odd number of members, a simple majority must be elected fora term of 2 years, and the remainder elected for a term of one year.

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(5) In the election of council members held at each annual general meeting after the secondannual general meeting, the members elected to fill the vacant positions must be elected fora term of 2 years.

19. Removing Council Member

(1) Unless all the Owners are on the Council, the Strata Corporation may, by a resolution passedby a majority vote at an annual or special general meeting, remove one or more CouncilMembers.

(2) After removing a Council Member, the Strata Corporation must hold an election at the sameannual or special general meeting to replace the Council Member for the remainder of theterm.

20. Replacing Council Member

(1) The office of a Council Member shall be vacated:

(i) if he or she becomes insolvent or defaults in payment of any installments ofcontributions levied or payments required to be made by him as an Owner as hereinset forth and fails to rectify such default within thirty (30) days following receipt ofnotice thereof from the Council;

(ii) if he or she becomes, in the opinion of the other Council Members, of unsound mindor mentally incompetent, or dies;

(iii) if he or she is convicted of an offence for which he is liable to imprisonment for a termof more than one year;

(iv) if he or she resigns his or her office in writing, under his or her hand, sent to or left atthe registered office of the Strata Corporation;

(v) if he or she be absent from three consecutive duly called meetings of the Councilwithout prior written approval of the Council and a majority of the remaining membersof the Council resolve that his or her office be vacated;

(vi) in the case of a company which has nominated a member to the Council, if thecompany shall become bankrupt or make an assignment for the benefit of creditorsor if proceedings are commenced to wind up the company, otherwise than for thepurposes of amalgamation or reconstruction; or

(vii) he or she ceases to qualify for membership pursuant to these Bylaws.

At each annual general meeting of the Strata Corporation the Council Members whose termshave expired shall retire from office and the Strata Corporation shall elect new CouncilMembers to fill the vacancy created by the retiring Council Members. A retiring member ofthe Council shall be eligible for re-election.

(2) In the event that the office of a Council Member shall be vacated pursuant to subsection (1),the remaining Council Members may appoint a replacement Council Member for the

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remainder of the replaced person’s term.

(3) A replacement Council Member may be appointed from any person eligible to sit on theCouncil.

(4) The Council may appoint a Council Member under this section even if the absence of themember being replaced leaves the Council without a quorum.

(5) If all the Council Members resign or are unwilling or unable to act for a period of 2 or moremonths, persons holding at least 25% of the Strata Corporation’s votes may hold a specialgeneral meeting to elect a new Council by complying with the provisions of the Act, theregulations and the Bylaws respecting the calling and holding of meetings.

21. Officers

(1) At the first meeting of the Council and at each meeting held after an Annual General Meetingof the Strata Corporation, the Council shall elect from among its members a President, Vice-President, an Secretary and a Treasurer who shall hold their respective offices until theconclusion of the next Annual General Meeting of the Strata Corporation or until theirsuccessors are elected or appointed. The President of the Council shall have a casting votein addition to his original vote. A person ceases to be an officers of the Strata Corporationif he ceases to be a member of the Council. Where a person ceases to be an officer of theStrata Corporation, the Council may designate from its members a person to fill that office forthe remainder of the term.

(2) A person may hold more than one office at a time, other than the offices of President andVice-President.

(3) The President is responsible for carrying out the acts and resolutions of the Council, and forthe day to day execution of the business of the Strata Corporation.

(4) The Vice-President is responsible for carrying out the acts and resolutions of the Council, andfor the execution of the business of the Strata Corporation as directed by the President, andin the absence of the President the Vice-President shall assume the roles and functions ofthe President.

(5) The Secretary is responsible for recording and maintaining all minutes of the Council, and allcorrespondence including newsletter/notices of the Strata Corporation.

(6) The Treasurer is responsible for receiving all monies paid to the Strata Corporation anddepositing same, and for properly accounting for the funds of the Strata Corporation includingpreparing a full and detailed accounting of receipts and disbursements of the StrataCorporation when directed to do so by the Council. The Treasurer should also prepare anannual budget for the forthcoming year for submission to and approval by the Council andshall arrange to distribute a copy of the approved budget to each Owner prior to presentationat the annual general meeting. The Treasurer shall also work with the accountants to arrangefor the auditing and financial statement preparation for the most recently completed fiscal yearof the Strata Corporation for presentation at the annual general meeting.

(7) In addition to the foregoing, any additional duties of the officers of the Council shall be asdetermined by the Council from time to time. All conflicts or potential conflicts of interestregarding a member of the Council and the Strata Corporation shall be disclosed by themember immediately upon his becoming aware of such conflict. The Secretary or Treasurermay, on resolution of the Council, allow the Manager to carry out their duties provided that

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the Secretary or Treasurer, as the case may be, supervises those duties of the PropertyManager. Compensation, if any, for any officer or employee of the Strata Corporation shallbe determined by the Council.

(8) If an officer other than the president is unwilling or unable to act for a period of 2 or moremonths, the Council Members may appoint a replacement officer from among themselves forthe remainder of the replaced person’s term.

22. Calling Council meetings

(1) Any Council Member may call a Council meeting by giving the other Council Members at leastone week’s notice of the meeting, specifying the reason for calling the meeting.

(2) The notice does not have to be in writing.

(3) A Council meeting may be held on less than one week’s notice if:

(i) all Council Members consent in advance of the meeting; or

(ii) the meeting is required to deal with an emergency situation, and all Council Memberseither:

(a) consent in advance of the meeting; or

(b) are unavailable to provide consent after reasonable attempts to contact them.

(4) The Council must inform Owners about a Council meeting as soon as possible after themeeting has been called.

23. Requisition of Council hearing on complaint

(1) Upon receipt of a complaint of a contravention of a Bylaw or rule by an Owner or tenant, theStrata Corporation shall comply with section 135 of the Strata Property Act.

(2) If a hearing is requested under subsection (1), the Council must hold a meeting to hear theapplicant within 2 weeks of the request.

(3) If the purpose of the hearing is to seek a decision of the Council, the Council must give theapplicant a written decision within 2 weeks of the hearing.

24. Quorum of Council

(1) A quorum of the Council is:

(i) 1, if the Council consists of one member,

(ii) 2, if the Council consists of 2, 3 or 4 members,

(iii) 3, if the Council consists of 5 or 6 members, and

(iv) 4, if the Council consists of 7 members.

(2) Council Members must be present in person at the Council meeting to be counted in

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establishing a quorum.

25. Council Meetings

(1) At the option of the Council, Council meetings may be held by electronic means, so long asall Council Members and other participants can communicate with each other.

(2) If a Council meeting is held by electronic means, Council Members are deemed to be presentin person.

(3) Owners may attend Council meetings as observers.

(4) Despite subsection (3), no observers may attend those portions of Council meetings that dealwith any of the following:

(i) bylaw contravention hearings under section 135 of the Act;

(ii) rental restriction bylaw exemption hearings under section 144 of the Act;

(iii) any other matters if the presence of observers would, in the Council’s opinion,unreasonably interfere with an individual’s privacy.

26. Voting at Council meetings

(1) At Council meetings, decisions must be made by a majority of Council Members present inperson at the meeting.

(2) Unless there are only 2 strata lots in the strata plan, if there is a tie vote at a Council meeting,the President may break the tie by casting a second, deciding vote.

(3) The results of all votes at a Council meeting must be recorded in the Council meetingminutes, along with the names of the Council Members moving and seconding anyresolutions, and the names of any dissenting or abstaining Council Members.

27. Council to inform Owners of minutes

(1) The Council must inform owners of the minutes of all Council meetings within 2 weeks of themeeting, whether or not the minutes have been approved.

28. Keeping of records

(1) The Council shall prepare and retain copies of all documents required to be kept by the StrataCorporation pursuant to section 35 of the Strata Property Act.

(2) The executive of each separate section shall prepare and retain copies of all documentsrequired to be kept by the Strata Corporation (as are appurtenant to the separate section)pursuant to section 35 of the Strata Property Act.

29. Access to records

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(1) The Strata Corporation shall, on request, make available for inspection and provide copiesof the records and documents required to be kept pursuant to section 35 of the StrataProperty Act, to the parties and within the time frame and on the terms and conditions set outin section 36 of the Strata Property Act.

(2) The executive of the separate sections shall, on request, make available for inspection andprovide copies of the records and documents appurtenant to the separate section; that arerequired to be kept pursuant to section 35 of the Strata Property Act, to the parties and withinthe time frame and on the terms and conditions set out in section 36 of the Strata PropertyAct.

30. Delegation of Council’s powers and duties

(1) Subject to subsections (2) to (4), the Council may delegate some or all of its powers andduties to one or more Council Members or persons who are not members of the Council, andmay revoke the delegation.

(2) The Council may delegate its spending powers or duties, but only by a resolution that:

(i) delegates the authority to make an expenditure of a specific amount for a specificpurpose, or

(ii) delegates the general authority to make expenditures in accordance with subsection(3).

(3) A delegation of a general authority to make expenditures must:

(i) set a maximum amount that may be spent, and

(ii) indicate the purposes for which, or the conditions under which, the money may bespent.

(4) The Council may not delegate its powers to determine, based on the facts of a particularcase:

(i) whether a person has contravened a bylaw or rule,

(ii) whether a person should be fined, and the amount of the fine, or

(iii) whether a person should be denied access to a recreational facility.

31. Spending Restrictions

(1) A person may not spend the Strata Corporation’s money unless the person has beendelegated the power to do so in accordance with these bylaws.

(2) Despite subsection (1), a Council Member may spend the Strata Corporation’s money torepair or replace common property or common assets if the repair or replacement isimmediately required to ensure safety or prevent significant loss or damage.

32. Limitation on liability of Council Member

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(1) All acts done in good faith by the Council are, notwithstanding it be afterwards discovered thatthere was some defect in the appointment or continuance in office of any Council Member,as valid as if the Council Member had been duly appointed or had duly continue in office.

(2) A resolution of the Council in writing and signed by all of the Council Members shall have thesame effect as a resolution passed at a meeting of the Council duly convened and held.

(3) Every Council Member and their personal representatives and estate shall from time to timeand at all times be indemnified and saved harmless out of the funds of the Strata Corporationfrom and against all costs, charges, losses and expenses whatsoever which such membermay incur or become liable for by reason of any contract entered into or act or thingwhatsoever made, done or permitted by him, as a Council Member, on in any way in thedischarge of his duties, except such costs, charges, losses and expenses as are occasionedby his own dishonesty, willful default or fraud.

33. Limitation on liability of executive of separate sections

(1) As to the executive of each separate section:

(i) All acts done in good faith by the executive are, notwithstanding it be afterwardsdiscovered that there was some defect in the appointment or continuance in office ofany member of the executive, as valid as if the member had been duly appointed orhad duly continue in office;

(ii) A resolution of the executive in writing and signed by all of the members shall havethe same effect as a resolution passed at a meeting of the executive duly convenedand held;

(iii) Every member of the executive and their personal representatives and estate shallfrom time to time and at all times be indemnified and saved harmless out of the fundsof the Strata Corporation from and against all costs, charges, losses and expenseswhatsoever which such member may incur or become liable for by reason of anycontract entered into or act or thing whatsoever made, done or permitted by him, asa member of the executive, on in any way in the discharge of his duties, except suchcosts, charges, losses and expenses as are occasioned by his own dishonesty, willfuldefault or fraud.

Division 5 - Enforcement of Bylaws and Rules

34. Enforcement and Fines

(1) Any infraction or violation of, or default under, these Bylaws or any rules and regulationsestablished pursuant to these Bylaws by an Owner, his servants, agents, licensees, inviteesor tenants may be corrected, remedied or cured by the Strata Corporation and any costs orexpenses incurred or expended by the Strata Corporation in correcting, remedying or curingsuch infraction, violation or default shall be charged to such Owner and shall be added to andbecome part of the assessments of such Owner for the month next following the date whensuch costs or expenses are expended or incurred (but not necessarily paid) by the StrataCorporation and shall become due and payable on the date of payment of such monthlyassessment and shall bear interest at the rate of 18% per annum compounded annually (the“Interest Rate”) until paid.

(2) The Strata Corporation may recover from an Owner by an action for debt in any court ofcompetent jurisdiction:

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(i) any sum of money which the Strata Corporation is required to expend as a result ofany act or omission by the Owner, his or her servants, agents, licensees, invitees ortenants, which violates these Bylaws or any rules or regulations established pursuantto these Bylaws; plus

(ii) the sum of $200 per violation of a Bylaw and $50 per violation of a rule, and thereshall be added to any judgment all costs of such action, including costs as betweensolicitor and his own client on a full indemnity basis.

Nothing herein shall be deemed to limit the ability of the Council to charge additional fines fornon-compliance, nor shall it limit any right of any Owner to bring an action or proceeding forthe enforcement and protection of his or her rights and the exercise of his or her remedies.

(3) In addition to the above, the Strata Corporation may exercise the following powers:

(i) in the event that an Owner shall fail to maintain in a clean and sightly condition his orher Strata lot, or any limited common property or exclusive use area, then after tendays written notice given to the Owner to correct the unsightly conditions set forth inthe said notice from the Council, the Council or its representatives may by writtenorder require the unsightly condition be corrected and the Owner shall reimburse theCouncil for all monies expended and all costs incurred in order to rectify the saidunsightly condition and pay interest thereon at the Interest Rate; and

(ii) those powers provided for in the Strata Property Act;

(4) Notwithstanding the provisions of section 171 of the Strata Property Act, the Council, onbehalf of the Strata Corporation, may commence a proceeding under the Small Claims Actagainst an Owner or other person to collect money owing to the Strata Corporation, includingmoney owing as a fine upon a simple majority vote at a properly held meeting of the Councilmembers.

35. Continuing contravention

(1) If an activity or omission constitutes a contravention of a Bylaw or rule and it continues,without interruption, for a period of seven days, the fines as set forth above may be imposedevery seven days. However, the Council shall be entitled, acting reasonably, to determinewhether any such activity or omission is a separate/repeated or continuing contravention, andin the case of a separate/repeated contravention successive fines as set forth above may belevied for each such contravention without the necessity for the contravention to continue fora seven day period.

Division 6 - Annual and Special General Meetings

36. Convening Extraordinary General Meetings

(1) The Council may, whenever it thinks fit, and shall, upon a requisition in writing by Ownersrepresenting not less than twenty-five (25%) percent of the total unit entitlement for all thestrata lots or upon the request in writing from the mortgagees holding registered mortgages(and who have notified their interests to the Strata Corporation) against strata lots in respectof which corresponding unit entitlement represent not less than twenty-five (25%) percent ofthe total unit entitlement or a combination of such Owners or mortgagees entitled to vote withrespect to not less than twenty-five (25%) percent of the total unit entitlement, convene an

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extraordinary general meeting.

37. Notice of General Meeting

(1) The Council shall, or failing same, any 7 Owners may, give 10 days’ notice of every generalmeeting, specifying the place, the date and the hour of meeting and, in case of specialbusiness, the general nature of that business, to all Owners and registered first mortgageeswho have notified the Strata Corporation of their interest, along with a copy of the agenda ofthe matters to be considered at such meeting; provided however, that accidental omission togive that notice to any Owner or registered first mortgagee or non-receipt of such notice byany Owner or registered first mortgagee shall not invalidate any proceedings at any suchmeeting and provided further that notice of any meeting may be waived by an Owner orregistered first mortgagee and such waiver shall cure any defect in the giving of notice. Incomputing the number of days notice of a general meeting, the day on which the notice wasdeemed to have been received and the date of the meeting shall be counted.

(2) Anything done or any resolutions passed at any annual general meeting or extraordinarygeneral meeting shall not be invalid by reason only that a person did not in fact receive noticein respect of that meeting. Additionally, in computing the number of days notice of a generalmeeting required under these Bylaws, the day on which the notice was deemed to have beenreceived and the date of the meeting shall be counted.

38. Person to chair meeting

(1) Annual and special general meetings of the Strata Corporation must be chaired by thePresident of the Council.

(2) If the President of the Council is unwilling or unable to act, the meeting must be chaired bythe Vice-President of the Council.

(3) If neither the President nor the Vice-President of the Council chairs the meeting, a chair mustbe elected by the eligible voters present in person or by proxy from among those persons whoare present at the meeting.

39. Participation by other than eligible voters

(1) Tenants, if renting on a month to month basis, may attend annual and special generalmeetings, whether or not they are eligible to vote.

(2) Persons who are not eligible to vote, including tenants and occupants, may participate in thediscussion at the meeting, but only if permitted to do so by the chair of the meeting.

(3) Persons who are not eligible to vote, including tenants and occupants, bust leave the meetingif requested to do so by a resolution passed by a majority vote at the meeting.

40. Voting

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(1) At any annual or special general meeting, a resolution shall be decided on a show of handsunless a poll is demanded by a person entitled to vote present in person or by proxy, andunless a poll is so demanded a declaration by the chairperson that a resolution has on theshow of hands been carried is conclusive proof of the number or proportion of votes recordedin favour of or against such resolution. Demand for a poll may be withdrawn.

(2) A poll, if demanded, shall be taken in such manner as the chairperson thinks fit, and the resultof the poll shall be deemed to be the resolution of the meeting at which the poll wasdemanded.

(3) The outcome of each vote, including the number of votes for and against the resolution if aprecise count is requested, must be announced by the chair and recorded in the minutes ofthe meeting.

(4) In case of equality in the votes, whether on a show of hands or a poll, the chair of the generalmeeting is not entitled to a casting vote in addition to his original vote.

(5) On a show of hands, each person entitled to vote shall have one vote for each strata lotowned by him or her; on a poll the votes of persons entitled to vote shall correspond with theSchedule of Voting Rights for their respective strata lots. Except for those matters requiringa special resolution or a unanimous resolution pursuant to the Strata Property Act or theseBylaws, all matters shall be determined by a simple majority vote.

(6) On a show of hands or in a poll, votes may be given either personally or by proxy and, on ashow of hands, the person entitled to vote may indicate that he or she is showing hands withrespect to a number of votes, provided that his or her proxy is in order, and the votes shall beso counted. An instrument appointing a proxy shall be in writing under the hand of theappointer or his/her attorney, and maybe either general or for a particular meeting, but a proxyneed not be an Owner or mortgagee.

(7) If any strata lot has more than one registered Owner, being joint tenants or tenants incommon, as the case may be (“Co-Owners”), they may vote by proxy, and in the case of jointtenants such proxy must be jointly appointed by them. In the absence of such proxy, Co-Owners are not entitled to vote separately on a show of hands (ie. Only one Co-Owner shallbe entitled to vote on a show of hands). A Co-Owner may demand that a poll be taken on anyparticular vote at all general meetings of the Owners. On any such poll, each Co-Owner isentitled to such part of the vote applicable to their respective strata lot as is proportionate tohis/her interest in the strata lot. The proxy (if any) of a Co-Owner on a poll shall have thenumber of votes proportionate to the interests in the strata lot of the co-Owner who appointedthe proxy.

(8) Where Owners are entitled to successive interests in a strata lot, the Owner entitled to thefirst interest is alone entitled to vote, whether on a show of hands or a poll, and this clauseis applicable whether or not the Act requires the unanimous resolution of Owners.

(9) Where an Owner is a trustee, he/she shall exercise the voting rights in respect of the stratalot to the exclusion of person beneficially interested in the trust, and those persons shall notbe entitled to vote.

(10) There are restrictions or limitation on the right to vote as follows:

(i) such restrictions (if any) as are set out in the Strata Property Act or in these Bylaws;(ii) where an Owner’s interest in a strata lot is subject to a registered mortgage and notice

of which mortgage has been given to the Strata Corporation, a power of voting

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conferred upon such Owner by the Strata Property Act or these Bylaws may not beexercised by the Owner, but is exercisable by the registered mortgagee first entitledto priority provided it must be present at the meeting; and

(iii) unless the Council by resolution otherwise consents, no Owner or mortgagee shall beentitled to vote at any annual general or special general meeting if he/she shall bemore than thirty days in arrears in sums payable to the Strata Corporation in respectof his/her strata lot or is otherwise in default of these Bylaws.

No Owner shall be counted for the purposes of quorum pursuant to these Bylaws in the eventthat such Owner is in default in the payment of any sums, levies, strata fees or otherobligations owing to the Strata Corporation or payable in respect of his strata lot.

(11) Despite anything in this section, an election of Council or any other vote must be held bysecret ballot, if the secret ballot is requested by an eligible voter.

(12) Except in cases where, under the Strata Property Act, a unanimous resolution is required, anOwner is not entitled to vote at a general meeting unless all contributions payable for his/herstrata lot have been paid.

41. Order of business

(1) The order of business at annual and special general meetings is as follows:

(i) certify proxies and corporate representatives and issue voting cards;

(ii) determine that there is a quorum;

(iii) elect a person to chair the meeting, if necessary;

(iv) present to he meeting proof of notice of meeting or waiver of notice;

(v) approve the agenda;

(vi) approve minutes from the last annual or special general meeting;

(vii) deal with unfinished business;

(viii) receive reports of Council activities and decisions (or those of the executive of theseparate sections, as the case may be) since the previous annual general meeting,including reports of committees, if the meeting is an annual general meeting;

(ix) ratify any new rules made by the Strata Corporation under section 125 of the StrataProperty Act,;

(x) report on insurance coverage in accordance with section 154 of the Strata PropertyAct, if the meeting is an annual general meeting;

(xi) approve the budget for the coming year in accordance with section 103 of the StrataProperty Act, if the meeting is an annual general meeting;

(xii) deal with new business, including any matters about which notice has been givenunder section 45 of the Strata Property Act;

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(xiii) elect a Council (or executive of the separate section, as the case may be), if themeeting is an annual general meeting;

(xiv) terminate the meeting.

42. Appointment of Committees

(1) The Council may from time to time appoint committees that would assume responsibilities forduties of the Strata Corporation including, without limitation, audit, maintenance, social orother committees as required.

(2) The audit committee shall consist of at least two people, neither of which may be theTreasurer of the Strata Corporation. The other committees shall consist of as many peopleas the Council shall decide is an effective number of members.

(3) Each committee shall report to the Council through the chair as may be required from timeto time. The chair of any committee shall be a member of the Council and the balance of acommittee may be appointed from the Council or the Owners at large. The Council mayappoint ad hoc committees to advise the Council from time to time on particular issues.

(4) Committees of the Council shall only have authority to deal with the Owners, Occupants, or,upon express written permission from the Council, other third parties which are necessary forthe committee to interact with.

Division 8 - Common expenses and Special Assessments

43. Common expenses

(1) “Common expenses” means the total of all expenses incurred or to be incurred by the StrataCorporation in controlling, managing and administering, operating, repairing, maintaining andreplacing the common property, common facilities and other assets of the Strata Corporationand in discharging all lawful obligations of the Strata Corporation.

(2) the strata lot Owners’ contributions to the Common expenses of the Strata Corporation shallbe levied in accordance with these Bylaws and the Schedule of Unit Entitlement of the StrataCorporation.

(3) Common expenses shall not be apportioned between the Apartment Section and theTownhouse Section, and to the individual strata lots therein, unless such expenses canclearly be identified as incurred only for the benefit of a separate section whether pursuantto these Bylaws or otherwise, and in such case shall be apportioned as follows:

(i) Common expenses attributable to either separate section shall be allocated to thatseparate section and, subject to subsection (4) below, shall be borne by the Ownersof the strata lots within that separate section in the proportion that the unit entitlementof such strata lots bears to the aggregate unit entitlement of all strata lots within thatseparate section;

(ii) Common expenses that relate to a specific type of strata lot, will be allocated to onlythose strata lots of that type, and shared amongst those strata lots in proportion to

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their relative unit entitlement figures;

(iii) Common expenses that relate to limited common property, will be allocated only tothose strata lots with the exclusive use of that limited common property, and sharedamongst those strata lots in proportion to their relative unit entitlement figures;

(iv) Common expenses attributable to any one strata lot shall be allocated to such stratalot; and

(v) Common expenses not attributable to either separate section, shall be allocated allstrata lots and shall be borne by Owners in proportion to the unit entitlement of theirstrata lot or as otherwise set out in the current budget of the Strata Corporation.

(4) Unless otherwise determined by the executives of each of the Apartment Section and theTownhouse Section, acting reasonably, and subject always to the provisions of the StrataProperty Act the following common expenses shall be allocated between the separatesections as follows:

(i) expenses relating to the common areas in each separate section (such as recreationrooms, storage areas, entrances, lobbies, hallways, elevators, roofs, utility rooms andother common areas in each area) will be for the account of the Owners of strata lotsin each respective section;

(ii) the cost of insurance placed by the Strata Corporation and property management feeswill be apportioned between the two sections on the basis of the total unit entitlementof the strata lots in each section.

(5) At the first annual general meeting, the Strata Corporation shall cause to be prepared abudget for a period commencing on the date of the first annual general meeting and endingon the first anniversary of the last day of the month during which the first annual generalmeeting is held. Such annual budget shall allocate common expenses as between theseparate sections of the Strata Corporation. After that, all Owners shall, subject to subsection(3) above, pay a monthly assessment based on that budget determined in accordance withtheir unit entitlement.

(6) Where at the first annual general meeting, the budget shows that the estimated commonexpenses as shown on the interim budget exceeded the actual common expenses, theOwners shall receive from the Strata Corporation a rebate of their contribution to the commonexpenses, in an amount proportional to their contributions.

(7) Subject to section 102 of the Strata Property Act, at each annual general meeting subsequentto the first annual general meeting, the Strata Corporation shall prepare an annual budget forthe following 12 month period and, after that, all Owners shall, subject to this bylaw, pay amonthly assessment in accordance with their unit entitlement.

44. Special Assessments

(1) If at any time it appears that the annual assessments or contributions towards the Common

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expenses shall be insufficient to meet the Common expenses, the Strata Corporation mayassess and collect a special contribution or contributions against each strata lot in an amountsufficient to cover the additional anticipated Common expenses (the “Special Assessment”). The Strata Corporation shall give notice of such Special Assessment to all Owners whichshall include a written statement setting out the reasons for the assessment and each SpecialAssessment shall be due and payable by each Owner in the manner and on the date or datesspecified in the notice. Each such Special Assessment shall be determined and assessedagainst the Owners in that section in proportion to their unit entitlement. Each such SpecialAssessment shall by payable within 10 days of the due date for payment as specified in thenotice and if not paid shall bear interest at the Interest Rate from the due date until paid in full.

45. Default in Payment of Assessments

(1) In the event of default in payment of assessments and lien for unpaid assessments,installments and payments:

(i) The Strata Corporation shall and does hereby have a lien on and a charge against theestate or interest of any Owner in his/her strata lot for any unpaid contribution,assessment, installment or payment due to the Strata Corporation, which lien shall bea first paramount lien against such estate or interest subject only to the rights of anyregistered first mortgagee and any municipal or local authority in respect of unpaidrealty taxes, assessments or charges of any kind against the strata lot title or interestof such Owner. That Strata Corporation shall have the right to file a caveat orencumbrance against the strata lot title or interest of such Owner in respect of the lienor charge for the amount of such unpaid contribution, assessment, installment orpayment as hereinbefore mentioned, and for so long as such unpaid contributionassessment, installment or payment remains unpaid, provided that each such caveator encumbrance shall not be registered until after the expiration of 30 days followingthe due date for he first payment in arrears. As further and better security againstassessments, installments or payments which are in arrears from more than 30 days,the Owners shall give to the Strata Corporation a mortgage or encumbrance for thefull amount thereof and all contributions, assessments, installments and/or payments,and interest thereon at the rate of 18% per annum from the due dates for payment ofthe same, and the Strata Corporation shall be entitled to enforce its lien, charge andsecurity and pursue such remedies as may be available to it by law or in equity, fromtime to time;

(ii) Any other Owner or person, firm, or corporation whatsoever may pay any unpaidcontribution, assessment, installment or payment after the expiration of 30 daysfollowing the due date for payment by the Owner in default, with respect to a strata lot,and upon such payment, such party, person, firm or corporation shall have a firstparamount lien, subject to the estates or interests hereinbefore mentioned and shallbe entitled to file a caveat or encumbrance in respect of the amount so paid on behalfof the Owner in default, and shall be entitled to enforce his lien, thereby created, inaccordance with the other terms and conditions of this provision;

(iii) Notwithstanding, and in addition to, any other term, condition or provision hereincontained or implied, each unpaid contribution, assessment, or payment shall bedeemed a separate, distinct and personal debt and obligation of the Owner againstwhom the same is assessed and collectible as such. Any action, suite or proceedingto recover such debt or to realize on any judgment therefore shall be maintainable asa separate action, suit or proceeding without foreclosing or waiving the lien, chargeor security, securing the same;

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(iv) In the event of any assessment against, or installment or payment due, from anOwner remaining due and unpaid for a period of ninety days, the Council shall givenotice of such default to all mortgagees having an interest in such Owner’s strata lotwho have notified their interests to the Strata Corporation;

(v) In the vent of any assessment against or installment or payment due from an Ownerremaining due and unpaid for a period of thirty days, the Council, at its election, mayaccelerate the remaining monthly contributions, assessments, installments andpayments, for the fiscal year then current upon notice to the Owner in arrears, andthereupon all such unpaid and accelerate monthly contributions, assessments,installments and payments shall become payable on and as of the date of the saidnotice.

(vi) All reasonable costs of the Manager and legal costs and disbursements incurred bythe Strata Corporation in registering and discharging a caveat or in any way protectingits interest hereunder shall constitute a payment due to the Strata Corporation.

Division 9 - Voluntary Dispute Resolution

46. Voluntary Dispute Resolution

(2) A dispute among owners, tenants, the strata corporation or any combination of them may bereferred to a dispute resolution committee by a party to the dispute if:

(i) all the parties to the dispute consent, and

(ii) the dispute involves the Strata Property Act, the regulations, the Bylaws or the rules.

(2) A dispute resolution committee consists of

(i) one owner or tenant of the strata corporation nominated by each of the disputingparties and one owner or tenant chosen to chair the committee by the personsnominated by the disputing parties; or

(ii) any number of persons consented to, or chosen by a method that is consented to, byall the disputing parties.

(3) The dispute resolution committee must attempt to help the disputing parties to voluntarily endthe dispute.

(4) Any dispute which cannot be resolved through the dispute resolution committee shall bereferred to the arbitration of a single arbitrator, if the parties can agree upon one, otherwisethree arbitrators, one to be appointed by each side of the dispute, and a third to be chosenby the first two named before they enter upon the business of arbitration. The award anddetermination of such arbitrator or arbitrators, or any two of such arbitrators, shall be bindingupon the parties and their respective heirs, executors, administrators and assigns. TheCommercial Arbitration Act of British Columbia shall apply.

Division 10 - Activities by owner developer

Page 24 of 27 pages

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47. Activities by owner developer

(1) An Owner shall permit the owner developer at all reasonable times on not less than 24 hoursprior notice, except in an emergency situation when no notice is required, to enter their stratalot for the purpose of allowing the owner developer to repair or rectify any deficiencies to thestrata lot and the Common Property required to be conducted by the owner developer or itsagents/subcontractors.

(2) Notwithstanding anything else contained herein, during such time as the owner developer isthe Owner of one or more strata lots, it shall have the right to maintain a reasonable numberof strata lots as display strata lots and to carry on all sales functions it considers necessaryfrom such strata lots and the common property (including balconies) for erecting, placing,hanging, keeping or displaying signs, billboards, advertising materials or marketing noticesor displays, and for access to or over the common property or other areas of the Developmentfrom time to time, as required in the discretion of the owner developer. The owner developer,its agents, servants, employees and mortgage inspectors shall have the right to enter ontoany strata lot and access the common property in order to complete any incomplete items,repair deficiencies, inspect the strata lots and make any modifications or repairs to thebuildings or the utilities located therein. The Council shall facilitate all requests of the ownerdeveloper to comply with the owner developer’s rights hereunder.

(3) Nothing in these Bylaws shall restrict the right of the owner developer to install signs on thecommon property or in the windows of any strata lots owned by the owner developer relatingto the marketing of the strata lots.

Division 11 - General

48. Parking/Vehicles

(1) An Owner shall not:

(i) use any part of the common property other than a parking area designated by theCouncil or shown on the Strata Plan for the parking of any motor vehicles except inaccordance with permission in writing from the Council. Additionally, the Council maydesignate “no parking areas” in parts of the common property for the safety andadministration of the project;

(ii) wash cars in such a manner as will cause nuisance or annoyance to the Owners andmay only wash cars belonging to Owners in such place and at such times as theCouncil may in writing from time to time regulate, set forth or direct and no repairs oradjustments to any Owner’s, guest’s or occupant’s automobiles shall be carried outon the development, nor shall any vehicles other than private passenger automobilesbe brought on to the development without the written consent of the Council or aCouncil Member or a manager or nominee thereof save in the course of delivery toor removal from the respective premises;

(iii) allow trailers, campers, boats, snowmobiles, trail bikes, all terrain vehicles, propanepowered vehicles or persona/recreational equipment to be parked or stored on thecommon property other than in an area designated by the Council.

(iv) keep on the common property any private passenger automobile which is not inoperating condition and being used from day to day;

Page 25 of 27 pages

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(v) leave any automobile or any other vehicle on any outside parking stall or on commonproperty (which is not designated parking stall) for a continuous period exceeding 2hours. In this regard, any Owner shall likewise ensure that his/her visitors, invitees,tenants, guests and occupants do not leave any automobile or vehicle on any outsideparking stall for a continuous period exceeding 2 hours, and in any event all vehiclesnot parked in parking stalls or on parts of the common property approved by theCouncil for parking/visitor parking may be towed by the Council at the Owner’sexpense.

49. Ingress/Egress

(1) An Owner shall not without the consent in writing of the Council, restrict or obstruct anysidewalk, walkways, passages, parking areas, driveways and other areas used for the ingressto and egress from the strata lots and/or the common property, and no Owner shall trespassin any area for which the Owner of another strata lot has been granted limited commonproperty.

(2) The Council shall provide, at all times, access to all Owners of both the Apartment-StyleStrata Lots and Townhouse-Style Strata Lot, to the visitor parking stalls, on terms set by theCouncil.

50. Obstructions

(1) An Owner shall not:

(i) permit, store, erect, or hang over or cause to be erected or to remain outside anywindow, door or deck or any other part of a strata lot or on the common property ofthe Strata Corporation, clothes lines, garbage disposal equipment, recreational orathletic equipment, including bicycles, fences, hedges, air conditioning units, barriers,partitions, awnings, shades or screens. With respect to patios, balconies and decksadjoining the residential strata lots, no Owner shall use any such areas for generalstorage, and each Owner shall only be entitled to have one barbeque, patio chairsand table and minor plants and shrubs on his/her patio, deck or balcony. Notelevision or mobile telephone or radio antenna, tower, satellite dish or similarstructure or appurtenances thereto shall be erected on or fastened to any strata lotexcept in connection with a common television antenna or cable system as authorizedby the Council and then only in accordance with the regulations therefore which maybe established by the Council. Any consent in writing given by the Council withrespect to the matters contained in this Bylaw shall be binding not only upon the thencurrent Council but on all future Councils and may not be arbitrarily withdrawn unlessby a Special Resolution.

(ii) do any act or permit any act to done, or alter or permit to be altered his/her strata lotin a manner which will alter the exterior appearance of the structure comprisinghis/her or any other strata lots;

(iii) permit laundry to be hung other than inside the strata lot;

(iv) erect or place any building, structure, tent or trailer (either with or without living,sleeping or eating accommodation) on the common property or on any limited

Page 26 of 27 pages

Page 73: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

common property assigned to him;

(v) do anything or permit anything to be done in his/her strata lot or upon the commonproperty or the real or personal property of the Strata Corporation which may causeany damage to property or injury to any person, or fail to do any act or thing which willor would ten to increase the risk of fire or the rate of fire insurance premiums withrespect thereto or which would render invalid any insurance maintained by the StrataCorporation;

(vi) do anything or permit anything to be done by an occupier of his/her strata lot in his/herstrata lot or the common property that is contrary to any statute, ordinance, Bylaw ofregulation of any government authority whether federal, provincial, municipal orotherwise;

(vii) erect, place, allow, keep or display signs, billboards, advertising matter including anyform of for sale signs, or other notices or displays of any kind, or place tinfoil or flags,on the common property or in or about any strata lot in any manner which may makesame visible from the outside of the strata lot without the prior approval of Council;

(viii) smoke or permit any guest, invitee or tenant to smoke in any common facilities,recreational facilities, common areas or common property located at the development,as it is intended that the development be a smoke-free environment;

(ix) permit any member of his household, guest or visitors to trespass on the part of thedevelopment to which another Owner is entitled to exclusive occupation;

(x) allow the area around his/her premises to become untidy. The Council shall be atliberty to remove any rubbish or clean up the common property in close proximity toan Owner’s premises to its satisfaction and charge the expense to the Owner;

(xi) use or permit any member of his/her household, guests or visitors to use any commonproperty or recreational or general amenity spaces (if any) except accompanied by theOwner, and then only in accordance with the rules and regulations applicable theretowhich may be established by the Strata Corporation;

(xii) allow or cause any household or personal effects or articles belonging to him to bekept anywhere except inside his/her strata lot when not in actual use, and each Ownerwill comply with all reasonable requests of the Council or its representatives that allhousehold or personal effects or articles, including bicycles, toys and like thingsbelong to an Owner’s household be put away inside such strata lot when not in actualuse.

DATE: _________________, 2018

Uptown Ventures Ltd.by its authorized signatory:

____________________________________Signature on behalf of Owner Developer

Page 27 of 27 pages

Page 74: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

EXHIBIT “F”

Proposed Budget

Page 75: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

ESTIMATED BUDGET

UPTOWN VILLAGE

FOR THE FIRST YEAR OF OPERATION (PHASE 1 AND 2 - 7 Units)

EXPENSES:

Insurance $2,400.00Grounds Maintenance/Repair $500.00Water (Common Area) $200.00Fire Hydrant Inspection $100.00Landscaping $1,500.00CHOA Membership $350.00Office Expenses $100.00Snow Removal $750.00Hydro/Common Area Lighting $100.00Bank Charges and Miscellaneous $50.00

SUBTOTAL $6,050.00

Contingency Reserve Fund (5 - 10%) $605.00

Total Estimate d A n n u a l B u d g e t $6,655.00

ALLOCATION OF BUDGET AMONGST STRATA LOT OWNERS

Total of monthly strata fees = $6,655.00 ÷ 12 = $554.58

Estimated monthly strata fees = 554.58 ÷ No. of Strata Lots (7) = $79.23 per strata lot

Page 76: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

FOR THE FIRST YEAR OF OPERATION (PHASE 1 to 4 - 12 units)

EXPENSES:

Insurance $4,000.00Grounds Maintenance/Repair $750.00Water (Common Area) $400.00Fire Hydrant Inspection $200.00Landscaping $2,500.00CHOA Membership $350.00Office Expenses $200.00Snow Removal $1,500.00Hydro/Common Area Lighting $250.00Bank Charges and Miscellaneous $100.00

SUBTOTAL $10,250.00

Contingency Reserve Fund (5 - 10%) $1,025.00

Total Estimat e d A n n u a l B u d g e t $11,275.00

ALLOCATION OF BUDGET AMONGST STRATA LOT OWNERS

Total of monthly strata fees = $11,275.00 ÷ 12 = $939.58

Estimated monthly strata fees = $939.58 ÷ No. of Strata Lots (12) = $78.30 per strata lot

Page 77: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

FOR THE FIRST YEAR OF OPERATION (PHASE 1 to 7 - 24 units)

EXPENSES:

Insurance $7,900.00Grounds Maintenance/Repair $1,000.00Water (Common Area) $600.00Fire Hydrant Inspection $400.00Landscaping $5,000.00Refuse Removal $CHOA Membership $350.00Office Expenses $400.00Snow Removal $2,000.00Hydro/Common Area Lighting $500.00Bank Charges and Miscellaneous $200.00

SUBTOTAL $18,350.00

Contingency Reserve Fund (5 - 10%) $1,835.00

Total Estimat e d A n n u a l B u d g e t $20,185.00

ALLOCATION OF BUDGET AMONGST STRATA LOT OWNERS

Total of monthly strata fees = $20,185.00 ÷ 12 = $1,682.08

Estimated monthly strata fees = $1,682.08 ÷ No. of Strata Lots (24) = $70.09 per strata lot

Page 78: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

EXHIBIT “G”

Form J, Rental Disclosure Statement

Page 79: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

Strata Property ActFORM J

[am. B.C. reg. 312/2009, s. 8.]

RENTAL DISCLOSURE STATEMENT(Section 139)

Re: Strata Plan EPS__________, being a strata plan ofParcel A (Plan B6059) of Lot 7 Section 24 Township 20 Range 10 W6M KDYD Plan1327 except Plans 9125, KAP46137 and KAP84896

This Rental Disclosure Statement is

: the first Rental Disclosure Statement filed in relation to the above-noted strata plan

[ ] a changed Rental Disclosure Statement filed under section 139(4) of the Strata PropertyAct, and the original Rental Disclosure Statement filed in relation to the above-notedstrata plan was filed on _____[dd/mmm/yyyy]_____

1. The development described above includes 80 residential strata lots.

2. The residential strata lots described below are rented out by the owner developer as ofthe date of this statement and the owner developer intends to rent out each strata lotuntil the date set out opposite its description.

Description of Strata Lot Date Rental Period Expires*

Nil Nil

* Section 143(2) of the Strata Property Act provides that, if this Rental Disclosure Statement is filed afterDecember 31, 2009, a bylaw that prohibits or limits rentals will not apply to a strata lot described in thistable until the date set out in the table opposite the description of the strata lot, whether or not the strata lotis conveyed before that date.

3. In addition to the number of residential strata lots rented out by the owner developer asof the date of this statement, the owner developer reserves the right to rent out a further80 strata lots, as described below, until the date set out opposite each strata lot’sdescription.

Description of Strata Lot Date Rental Period Expires*

Strata Lots 1 - 80 December 31, 2050

* Section 143(2) of the Strata Property Act provides that, if this Rental Disclosure Statement is filed afterDecember 31, 2009, a bylaw that prohibits or limits rentals will not apply to a strata lot described in thistable until the date set out in the table opposite the description of the strata lot, whether or not the strata lotis conveyed before that date.

4. There is no bylaw of the strata corporation that restricts the rental of strata lots.

Date:

____________________________________________Signature of Owner Developer

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EXHIBIT “H”

Purchase Agreement

Page 81: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

BC2057 REV. DA OCT 2017 COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH)

CONTRACT OF PURCHASE AND SALE INFORMATION ABOUT THIS CONTRACT

THIS INFORMATION IS INCLUDED FOR THE ASSISTANCE OF THE PARTIES ONLY. IT DOES NOT FORM PART OF THE CONTRACT AND SHOULD NOT AFFECT THE PROPER INTERPRETATION OF ANY OF ITS TERMS.1. CONTRACT: This document, when signed by both parties, is a legally binding contract. READ IT CAREFULLY. The parties should ensure that everything

that is agreed to is in writing.2. DEPOSIT(S): Section 28 of the Real Estate Services Act requires that money held by a brokerage in respect of a real estate transaction for which there is

an agreement between the parties for the acquisition and disposition of the real estate be held by the brokerage as a stakeholder. The money is held for the real estate transaction and not on behalf of one of the parties. If a party does not remove a subject clause, the brokerage requires the written agreement of both parties in order to release the deposit. If both parties do not sign the agreement to release the deposit, then the parties will have to apply to court for a determination of the deposit issue.

3. COMPLETION: ��������� �������������������������������������������������������������������������������������������������!it is, in every case, advisable for the completion of the sale to take place in the following sequence:��� ���"����������������������������#�����������������"����$���#�����%������#����������&������"�������������������

required) several days before the Completion Date and the Buyer signs the documents.�'� ���"����$���#�����%�����������������������������#������������������������������$���#�����%�����#�������������������

�����"����$���#�����%�����(��� ���"����$���#�����%�������������������������������������������������������������������������������������������(��� ���"����$���#�����%���������������������������������"����$���#���$���%�����$�����(

���������������������������������$�������������*��������+���!�����������-����������'���'�&���/������������!�����������recommended that the Buyer deposits the money and the signed documents AT LEAST TWO DAYS before the Completion Date, or at the request of the Conveyancer, and that the Seller delivers the signed transfer documents no later than the morning of the day before the Completion Date.

0�������������'������&����������*��������+����������������������$�1��������3����������!��������������������������NOT to schedule a Saturday Completion Date as it will restrict their access to fewer lawyers or notaries who operate on Saturdays; lenders will generally not ����#�������������������4������#�����������������������������������������������4�������������������������������closing process may not be open.

4. POSSESSION: (Section 5) the Buyer should make arrangements through the real estate licensees for obtaining possession. The Seller will not generally let the Buyer move in before the Seller has actually received the sale proceeds. Where residential tenants are involved, Buyers and Sellers should consult the Residential Tenancy Act.

5. TITLE: ������� 7� 9� �� �� �� ��� "���� �� ������� ��� "���� � ������� �� <��� �� '������ �� ��� �����������! ����� �� �&�������� ��<����!��������������'��������������������'�����#�������������������'�����'�������������'���(9�������������������������in the Contract if there are any encumbrances, other than those listed in Section 9, which are staying on title before becoming legally bound. If you as the Buyer are taking out a mortgage, make sure that title, zoning and building restrictions are all acceptable to your mortgage company. In certain circumstances, the mortgage company could refuse to advance funds. If you as the seller are allowing the Buyer to assume your mortgage, you may still be responsible for payment of the mortgage, unless arrangements are made with your mortgage company.

6. CUSTOMARY COSTS: (Section 15) In particular circumstances there may be additional costs, but the following costs are applicable in most circumstances:

Costs to be Borne by the Seller Costs to be Borne by the Buyer ��#�����%�����3�����1������? ��#�����%�����3�����1������? @�������������������'��� @�������������������������( @�������������! @��������G��������������( *������������������!�������?@�&��������������! @���������������( 3���9�������������( @��������������������'� ��������G��������������( ������������������'���( ����'�����������! ���&��*����J���������-������( ������������������( @�����������������( *������K�������!�������? P���������&�����������������'���( G���1�����*�������������P���( @��������������$���#���Q%�����( P���������&�����������������'���(

9�������������'�&��������������'�J�������V�������'��#����������������"�������������������X(7. RISK: �������ZX����"����������������������������'��[����&�����������������*��������+��������������������������&�����

proceeds of sale, or the date the Seller vacates the property.8. FORM OF CONTRACT: ����*�������������������������������������������������������������������������������(9��������������

involves: a house or other building under construction, a lease, a business, an assignment, other special circumstances (including the acquisition of land situated on a First Nations reserve)

\�������� ���&�����! �� ������� � ���� ����! ��� '� �����! �� ����������� ��&��� ������ '� �'�����(\ �������� +��������� ��������completed by the Seller may be available.

9. REALTOR® Code, Article 11: A REALTOR® shall not buy or sell, or attempt to buy or sell an interest in property either directly or indirectly for himself or herself, any member of his or her Immediate Family, or any entity in which the REALTOR®����J������������!#��������/�����G1\���G®$�position known to the buyer or seller in writing. Real Estate Council Rules 5-9: If a licensee acquires, directly or indirectly, or disposes of real estate, or if the licensee assists an associate in acquiring, directly or indirectly, or disposing of real estate, the licensee must make a disclosure in writing to the opposite party before entering into any agreement for the acquisition or disposition of the real estate.

10. RESIDENCY: 0������������������������������<�����������!���"�����������������������J���������������������<�������������������������������������#����������#���Q\�������(

11. AGENCY DISCLOSURE: �������]Z����+��������\����Q��������#���#�����������������"������������������������������'�������(9�������������������-�����!����������������+��������\����Q����������������������*����������������������(

®WEBForms Oct/2017

Page 82: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

PAGE of PAGES

CONTRACT OF PURCHASE AND SALE

"G�^1G\P1? ____________________________________________________________ DATE: _________________ADDRESS: _______________________________________ �*?``````````�x�%1?________________________�G1�\G1+"{? ___________________________________ MLS® NO: _____________________________________

PROPERTY:

%9�%�( \++G1���3�G��1G�{

*9�{Q��0%QK %9*9�\�9�{ ����\�*�+1

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���"�����������������������������������������������������#�����������'V�������������#����������?

1. PURCHASE PRICE: �����������������������������#���'� _______________________________________________

__________________________________________________________________________________________________

`````````````````````````````````````````````````````+���\G�|`````````````````````���������������

2. DEPOSIT: \���������|``````````````#����#�����������������������������!#���'�����within 24 hours ofacceptance unless agreed as follows: ___________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________

\�� ����� ���� ������� �� ���� ������ �+������� #��� '� ���� � ��������� #��� ������ Z} �� '� ������J�� ���-�������� �� �����#��� ��� ��� � ���� ������ ] �� #��� '� ����&���� � ����� �� ````````````````````````````_________________________________________ and held in trust in accordance with the provisions of the Real Estate Services Act. In the event the Buyer fails to pay the Deposit as required by this Contract, the Seller may, at the ������$������! �������� ����*������(��������#�� �����&�� ���+������ ���������<�� �������������������� ��� +������ �� ��� "����$� �� ������$� ��&������ ���� ~*�&�������� #������ ������� #����� �������� �� ��� "���� �� ������! provided that: (a) the Conveyancer is a Lawyer or Notary; (b) such money is to be held in trust by the Conveyancer as stakeholder pursuant to the provisions of the Real Estate Services Act pending the completion of the transaction and not on behalf of any of the principals to the transaction; and (c) if the sale does not complete, the money should be returned to such party as stakeholder or paid into Court.

SELLER: ______________________________________SELLER: ______________________________________ADDRESS: __________________________________________________________________________________________________________ �*? _________________�x�%1? ______________________________________

BUYER: ______________________________________ BUYER: ______________________________________ADDRESS: __________________________________________________________________________________________________________ �*? _________________�x�%1? ______________________________________�** �\�9�%? _____________________________________

BC2057 REV. DA OCT 2017 COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH)INITIALS

®WEBForms Oct/2017

1 5

Page 83: UPTOWN VILLAGE · UPTOWN VILLAGE 2810 - 15 Avenue NE Salmon Arm, British Columbia Dated: June 21, 2018 DEVELOPER Name: Uptown Ventures Ltd. Address for Service in British Columbia:

_____________________________________________________________________�\P1���\P1��G��1G�{\++G1��

BC2057 REV. DA OCT 2017 COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH)

3. TERMS AND CONDITIONS: ��� �������� �� ���� �� ��� �������� ������� ��� �����#�� ����� �� �� ��'V��� �� ��� following conditions:

1����������!������������������������'��J�������������������( �����������������#��&���������������J����'�#������������&�'����'��J��������������������������'�����������������J����������������!����*������will be terminated thereupon and the Deposit returnable in accordance with the Real Estate Services Act.

INITIALS

®WEBForms Oct/2017

52

(i) The purchaser may cancel the purchase agreement for a period of seven days after receipt of an amendment to the disclosure statement that sets out particulars of the issued building permit if the layout or size of the applicable building unit, the construction of a major common facility, including a recreation centre or clubhouse, or the general layout of the development, is materially changed by the issuance of the building permit;

(ii) If an amendment to the Disclosure Statement that sets out particulars of the issued building permit is not received by the purchaser within 12 months after the initial Disclosure Statement was filed, the purchaser may at his or her option cancel the purchase agreement at any time after the end of that 12 month period until the required amendment is received by the purchaser, at which time the purchaser may cancel the purchase agreement for a period of seven days after receipt of that amendment only if the layout or size of the applicable development unit, the construction of a major common facility, including a recreation centre or clubhouse, or the general layout of the development, is materially changed by the issuance of the building permit;

(iii) The amount of the deposit to be paid by a purchaser who has not yet received an amendment to the Disclosure Statement that sets out particulars of the issued building permit is no more than 10% of the purchaser price; and

(iv) All deposits paid by a purchaser, including interest earned if applicable, will be returned promptly to the purchaser upon notice of cancellation from the purchaser.

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4. COMPLETION: The sale will be completed on ___________________________________________, yr. __________�*��������+��������������������������������(

5. POSSESSION: ���"����#�����&�&����������������������������``````````````````````````````````�(�``````````````````````!��(``````````����������+�����G!��'V�������������#����������������!����?

__________________________________________________________________________________________________

6. ADJUSTMENTS: ���"����#����������������� �����!�����! ����� �����&��������������!��������������������charges from, and including, the date set for adjustments, and all adjustments both incoming and outgoing of whatsoevernature will be made as of __________________________, yr. ____________ (Adjustment Date).

7. INCLUDED ITEMS: ���������������� ���������'�������! �����&�����! J������!������������������������������!�����'����!�#���!������������#���#�!����������!����/���&������!J����������!J�����������!��������!����'��!��������������������J�������������������������������������������&��#��'����"�����������������������!9%*� +9%P?

BUT EXCLUDING: _________________________________________________________________________________

__________________________________________________________________________________________________

8. VIEWED: ���������������� ������������#���'����'�������������������������������������+�����#��viewed by the Buyer on _________________________________________________ yr. __________________

9. TITLE: 3�������������������'�������������'��������������!���&����!���������������������������&�����!including royalties, contained in the original grant or contained in any other grant or disposition from the Crown, registered or��������������&���&������������@��@#�����&������������������'��������������!����������������������������!����!���������������#��������������(

10. TENDER: ����� �� ������ �� ����� '� ��� "���� �� ��� ������ #��� '� '� �����J�� ���-��! '�/ �����! ���� �� ��#���$�Q%�����$�������������'��/�����$���������-��(

11. DOCUMENTS: \������������-���������&��[���������*������#���'�����&�������������'������#��������������#���'������������������������������������������������'��������*��������+���(

12. TIME: Time will be of the essence hereof, and unless the balance of the cash payment is paid and such formal agreements to pay���'����������'�����������������������'��������*��������+���!������������!�����������$������!������������*������!��!������&��!������������'����"����#���'��@������'�����'����������������������������!��'V���to the provisions of Section 28 of the Real Estate Services Act,����������������!#���������V����������������$������remedies.

13. BUYER FINANCING:9����"�����������������#����������J�������������������!���"����!#�����������-������������������������������*��������+���!���#���������������������������������������������������������#������������������&�'�������������������������������������������������!'�������!'���������������!���"�������?��������&����'����������������������������������������������������������'�����#��������!���'����J�����������#���������$������������������������������������������������������!����������&����'�������������!���#���$���%�����$�������/�����������������������������������������������

BC2057 REV. DA OCT 2017 COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH)INITIALS

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BC2057 REV. DA OCT 2017 COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH)

____________________________________________________________________ �\P1���\P1��G��1G�{\++G1��

and new mortgage documents and the advance by the mortgagee of the mortgage proceeds pursuant to the Canadian Bar \����������"*"������G�������������������������������/�������~*"\������� �����/�����(

14. CLEARING TITLE:9��������������������J��������������'�����������������!���������!#�����������-�����������������������!���#��������������������������J���������������������������������������������������������!'��������&��!������������������������������������������������'�����'����"����$���#�����%����������������$���#�����%�����!����*"\������� �����/�������������������������J������������!����������balance, if any, to the Seller.

15. COSTS: The Buyer will bear all costs of the conveyance and, if applicable, any costs related to arranging a mortgage and theSeller will bear all costs of clearing title.

16. RISK: \��'�����������������������������������������������������������#���'�!�������!��������/���������������Z]?}Z������*��������+���(\������������!����������������������������#���'���������/�����Buyer.

17. PLURAL: 9 ����*������!������������������ ����������������$������!���������!�������������!������������assigns; singular includes plural and masculine includes feminine.

18. REPRESENTATIONS AND WARRANTIES: There are no representations, warranties, guarantees, promises or agreements������������������������*�������������������������������������������+������������������������������into and forming part of this Contract, all of which will survive the completion of the sale.

19. PERSONAL INFORMATION: The Buyer and the Seller hereby consent to the collection, use and disclosure by the Brokerages ��'����������'��/�����!���������'��/������������������&�����������"��/���������������&������~������������������'���������]Z!�������������'�������#���������"��/����������������������'�����!���������������listed on a Multiple Listing Service®, the real estate board that operates the Multiple Listing Service®, of personal informationabout the Buyer and the Seller:

A. for all purposes consistent with the transaction contemplated herein:

"( �� ����������� �� ��������K����������������&���®, for the purpose of the compilation, retention and publication bythe real estate board that operates the Multiple Listing Service® and other real estate boards of any statistics including historical Multiple Listing Service® data for use by persons authorized to use the Multiple Listing Service® of that real estate board and other real estate boards;

C. for enforcing codes of professional conduct and ethics for members of real estate boards; and

D. for the purposes (and to the recipients) described in the brochure published by the British Columbia Real Estate Associationentitled Working With a REALTOR®.

The personal information provided by the Buyer and Seller may be stored on databases outside Canada, in which case it would be subject to the laws of the jurisdiction in which it is located.

20. ASSIGNMENT OF REMUNERATION: ���"���������������������������������$��������<����������������������������]����'���#�����J������������-����'����������'��������������������*��������������������equitable assignment to anyone acting on behalf of the Buyer or Seller.

20A. RESTRICTION ON ASSIGNMENT OF CONTRACT: The Buyer and the Seller agree that this Contract: (a) must not be �������#���������#���������������������4���'��������������������������J������������������������the Contract by the Buyer or any subsequent assignee.

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BC2057 REV. DA OCT 2017 COPYRIGHT - BC REAL ESTATE ASSOCIATION AND CANADIAN BAR ASSOCIATION (BC BRANCH)

_____________________________________________________________________�\P1���\P1��G��1G�{\++G1��

21. AGENCY DISCLOSURE: The Seller and the Buyer acknowledge having received, read and understood the brochure published bythe British Columbia Real Estate Association entitled Working With a REALTOR®����/�#���������J���������#�?

A. the Seller has an agency relationship with _______________________________________________________________+1�9P%\�1+\P1%����Q�9*1%�11���

#����Q�������������������� _________________________________________________________________________ "G�^1G\P1

B. the Buyer has an agency relationship with _______________________________________________________________ +1�9P%\�1+\P1%����Q�9*1%�11���

#����Q�������������������� _________________________________________________________________________ "G�^1G\P1

C. the Buyer and the Seller have consented to a limited dual agency relationship with

_________________________________________________________________________________________________ +1�9P%\�1+\P1%����Q�9*1%�11���

#����Q�������������������� ________________________________________________________________________ "G�^1G\P1

having signed a Limited Dual Agency Agreement dated _______________________________________________________If only (A) has been completed, the Buyer is acknowledging no agency relationship. If only (B) has been completed, the Seller is acknowledging no agency relationship.

22. ACCEPTANCE IRREVOCABLE�"�������������?��������������"���������J�������J����������*����������������������������������������(9���������������������������������$����������������&���'��!�������#���������������!���������������������������������J��������"������������?

\( ���J����#��&�������������������������������4��Q��

"( ������������������������������(23. THIS IS A LEGAL DOCUMENT. READ THIS ENTIRE DOCUMENT AND INFORMATION PAGE BEFORE YOU SIGN.24. OFFER: �����[��!��������@�[��!#���'��������������������``````````�$����/`````�(�```````````````````

`````````````````!��(``````````������#������#�#�����#������J����������������������������&����������������J��������������������!��������������������[��!��������@�[��!'����������#������������������������������������������!�����#���'��'����*�������������������������������������������������(

________________________________ _____________________________ _____________________________ 09�%1�� " {1G �G9%�%\K1

________________________________ _____________________________ _____________________________ 09�%1�� " {1G �G9%�%\K1

9����"����������&�����!���"������������������������*���������<����������������������J������Immigration and Refugee Protection Act:

Yes No

25. ACCEPTANCE:����������������'������������'�&��[���������������������������������������������������out above, (b) agrees to pay a commission as per the Listing Contract, and (c) authorizes and instructs the Buyer and anyone acting�'����������"��������������������������������������������������������#��������������������$�����������\�V������������*���������Q������"��/�����!����-�����������#�����������������(

������$�����������������``````````````````````````````````````````````!��(``````````````````````

The Seller declares their residency:

G1�9+1%��3*\%\+\ %�%@G1�9+1%��3*\%\+\ ����J���������Income Tax Act.

________________________________ _____________________________ _____________________________ 09�%1�� �1��1G �G9%�%\K1

________________________________ _____________________________ _____________________________ 09�%1�� �1��1G �G9%�%\K1

X

X

X

X

SEAL

SEAL

SEAL

SEAL

Trademarks are owned or controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA (REALTOR®���Q��the quality of services they provide (MLS®).

*PREC represents Personal Real Estate Corporation

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