policy & procedures manual · kingston, ontario, canada k7p 3h6 . walnut grove estates...

Policy & Procedures Manual

August 16, 2016

Revised January 20, 2019

Walnut Grove Estates Community Association

136 Ellesmeer Avenue

Kingston, Ontario, Canada

K7P 3H6


Table of Contents

Section Policy Date

Approved Review

Date Completed

1.0 Community Centre

1.1 Access

1.2 Alarm

1.3 Alcohol

1.4 Operation of Community Centre

1.5 Private Functions

2.0 Communication

2.1 Board of Directors

2.2 Requests, Comments, Suggestions & Appeals

2.3 Newsletter, Welcome Package, Website, & Facebook

3.0 Real Estate

3.1 Selling Your Home

3.2 Rental and Tenancy Guidelines

3 .3 Rules and Regulations

3.4 Covenants

4.0 Forms/Roles

1.1 Key Agreement

1.4 Community Centre Coordination Team Role

1.5 Application for Private Function

2.1 Property Manager Role

2.2 Request, Comment, Appeal

2.3 Newsletter Editor Role

3.1 Closing Certificate

3.1.1 Owner Information

1.1 Walnut Grove Estates Community Association (WGECA)

SECTION TITLE Community Centre

POLICY TITLE Access and Key

DATE APPROVED

POLICY

DESCRIPTION

In the interest of Walnut Grove Estates Community Association Security, the Community Centre Manager has the authority to issue and track community centre entry keys.

PROCEDURE

Each WG unit can be issued on key on request with no charge upon signing the Key Registry Form including an agreement ensuring compliance with the Community Centre Guidelines stated in the Community Centre Manual.

Replacement key charge is $30

The key cannot be copied and must be returned to Community Centre Manager on sale of unit.

The Community Centre must be secured on leaving ensuring build is left tidy, tables, chairs etc stored properly, all appliances (portable heaters, stove, barbeque, sound systems, lights and fans turned off. Barbeque covered.

All windows and patio doors must be closed and locked when leaving building and locking main door.

ACCOUNTABILITY

Community Centre Manager

FORMS Form 1.1 Key Registry and Agreement

RELATED POLICIES

1.1 Key Agreement

1.2 Alarm System

1.3 Alcohol Policy

1.4 Operation of the Community Centre

RELATED LEGISLATION

1.2 Walnut Grove Estates Community Association


POLICY TITLE Alarm System

DATE APPROVED

POLICY

DESCRIPTION

Access to the Community Centre is by an active alarm system that must be disabled upon entry and enabled on exit.

PROCEDURE

To enter the community centre, unlock door, enter 4 digit code on key pad near door. If wrong code is entered, Error Code sounds, the press # Key and repeat 4 digit code. If at any time the alarm sounds enter the 4 digit code. Call alarm monitoring company and explain error (kitchen phone).

To leave the community centre, front door must be shut, green ready light on key pad should be on, press & hold “Away Key” until chirp or beet sounds, leave building and lock door. Turn handle to ensure lock is engaged.

As an alternate when leaving, close door, enter 4 digit code, leave building, lock door, and check door handle to ensure lock is engaged.

When leaving check that all lights are off, patio doors and all windows are closed and locked, kitchen appliances off, TV and sound systems are off.

Alarm Company number is 613 542 8857. Also on speed dial – button C on bottom of call list, right side. Explain any errors to the attendant.

ACCOUNTABILITY Association member accessing or leaving building.

FORMS

RELATED POLICIES

1.1 Access

1.3 Alcohol

1.4 Community Centre Operation

RELATED LEGISLATION



POLICY TITLE Alcohol

DATE APPROVED

POLICY

DESCRIPTION

The Walnut Grove Estates Community Association requires members and guests to act responsibly in relation to alcohol consumption as members and the association could be held liable for injuries/accidents of a facility user in the event of a court case.

PROCEDURE

ITALICS NEW….

The Sale of alcohol in the community centre and common grounds is prohibited.

No resident or guest shall knowingly supply an alcoholic beverage to persons under 19 years of age.

No resident or guest shall supply or permit the supply of alcoholic beverage to any person who appears to be intoxicated.

If a problem arises concerning an intoxicated person it is the responsibility of the resident who booked the function.

Residents are reminded that driving any vehicle under the influence of alcohol is a criminal offence. It is expected that residents and their guests will make alternative arrangements if required. (It is expected that those in attendance will make every reasonable effort under the circumstances to ensure the safe return of the intoxicated person to their home.)

The Walnut Grove Estates Community Centre is considered to be a Private Place as defined under the R.R.O. 1990 Regulation 718 section 3 Sec.3(2). An indoor space to which the public is not ordinarily invited or permitted is considered to be a Private Place except when the public is invited or permitted access to it.

ACCOUNTABILITY All residents

FORMS

RELATED POLICIES

1.1 Access

1.2 Alarm System

1.4 Operation of the Community Centre

RELATED LEGISLATION R.R.O. 1990 Regulation 718 section 3 Sec.3(2)



POLICY TITLE Operation of the Community Centre

DATE APPROVED

POLICY

DESCRIPTION

The Community Centre is owned by the residents for their use and enjoyment either as part of an event, program, meeting, for the residents. The residents can also “rent” the facility for private function activities involving non residents under certain rules and expectations.

PROCEDURE

1) The Community Centre (and immediate surroundings) is a non-smoking facility.

2) The capacity of the community Centre for a function of the Walnut Grove Estates Community Association is 250. For a private function (outside group of an association member) the expected number of attendees must be discussed with the Community Centre Manager and must not exceed 80 persons.

3) For operation of the barbeque, see the Community Centre Manager. NOTE: The Barbeque is not for use at private functions.

4) The alarm must be disabled by the first person entering and enabled by the last person exiting the Centre. Contact the Community Centre Manager for details and see Policy 1.2 Alarm System.

5) The WG Owner who booked the Community Centre for private functions must ensure the facility is tidy and follow all items in step 8 below before leaving.

6) The Community Centre Manager is to be notified when you require the heat/colling thermostat or air exchanger to be adjusted for your function. He/she will ensure the Community Centre is kept at the optimal temperature so that the heating/cooling costs can be minimized.

7) Excessive noise will not be tolerated after 11 pm. in accordance with the City of Kingston Bylaw No. 2004-52

8) Rules Regarding Use of Centre

a. Community Centre must be left tidy.

b. The owner who booked the function is responsible for the removal of all garbage the function generated.

c. Tables and chairs must be stored properly.

d. Bathroom fans, lights and portable heaters must be turned off.

e. Stove and barbeque must be off and left clean.

f. All lights, sound systems, & appliances etc must be turned off.

g. Patio door and all windows must be closed and locked.

h. Community Centre Manager is to be notified that you are vacating the Centre so he/she can ensure all rules have been followed.

i. Alarm system must be enabled when exiting.

j. Front door must be closed and locked.

9) The Association Board will set the fee structure for the Private Function use of the centre and the fee will be on the Form 1.4 Reservation Application and Requirements

10) In Case of Emergency:

Medical, Fire, Police. Call 911 - phone in kitchen.

Other URGENT matters, call Community Centre Manager: Armand Pelletier 613 531 8859 149 Ellesmeer Avenue

Fire Extinguishers at front door and in kitchen

If alarm sounds on entering the building. Call Alarm Company to cancel alarm 613-542-8857 (phone in kitchen) See Policy 1.1. Access.

ACCOUNTABILITY

Community Centre Manager

FORMS Form 1.4 Reservation Application and Requirements

RELATED POLICIES

1.1 Access

1.2 Alarm System

1.3 Alcohol

RELATED LEGISLATION



POLICY Private Functions

DATE APPROVED

POLICY

DESCRIPTION

This policy governs the reservation and use of the WG Community Centre by one or more owners for events including non-owners.

PROCEDURE

1) Walnut Grove Owners can reserve the WG Community Centre for events such as meetings, family celebrations, weddings, etc subject to the fee schedule, and rules governing the private use of the centre.

2) An application to reserve the community centre must be completed in advance of the function with payment of fees and deposit.

3) The Owner reserving the Community Centre must sign off on their agreement to follow the Community Centre policies and procedures for private functions.

ACCOUNTABILITY Community Centre Manager (Volunteer)

FORMS Form 1.5 Application for Private Function Reservation

RELATED POLICIES

1.1 Access and Key

1.2 Alarm

1.3 Alcohol

1.4 Operation of Community Centre

RELATED LEGISLATION


SECTION TITLE Communication

POLICY TITLE Role of the Board of Directors (NEW)

DATE APPROVED

POLICY

DESCRIPTION

The property, assets, business, and affairs of the corporation are managed by the Board of Directors.

The Board of Directors has a responsibility for the satisfactory operation of the Walnut Grove Estates Community Association with respect to the Covenants, ByLaw #2, Rules and Regulations, and Policies and Procedures enacted by the members.

The board communicates to the members through meetings, minutes, policies and procedures, newsletter, and direct correspondence by email or direct delivery.

The Board makes decisions about matters regarding the requirements of members stipulated by the legal documents cited above.

PROCEDURE

A five to seven (5-7) person Board of Directors is elected by the membership in attendance at the Annual General meeting as prescribed in the ByLaw #2.

The Board meets regularly at a time and place determined by the Board. The officers of the board are the President, Secretary, Treasurer and 2 Directors at Large. The board may contract with a professional property manager to perform certain duties as set out in By Law #2 Article IV

The Board establishes Volunteer Task Groups and Committees to undertake certain roles and functions related to its mandate such as Grounds and Building, Newsletter, Website, and the Welcoming Committee.

Residents volunteer to lead other activities for the well-being and enjoyment of the community such as Recreational Activities, Fitness Activities, and Outings.

The Walnut Grove Community established the Social Committee that functions independently with its own funds and policies. This committee plans and operates monthly dinners, First Fridays, TGIF, Remembrance Day Ceremony, New Years eve celebrations and similar activities for the enjoyment and socializing of Walnut Grove Residents.

ACCOUNTABILITY The Board and The Membership of the Association

FORMS Form 2.1 Role of Property Manager



POLICY TITLE Requests, Comments, Suggestions, and Appeals

DATE APPROVED

POLICY

DESCRIPTION

Board decisions can be informed by input via Requests, Comments, Suggestions and the decisions of the Board can be appealed.

PROCEDURE

1) A member can bring a request, suggestion, comment, or concern to the attention of the board (via property manager) for an informal discussion or by a formal written submission on Form 2.2 Requests, Comments, Suggestions, and Appeals.

2) If requested, a formal response can be made in writing to the board or the property manager otherwise the board or property manager will keep a record of the communication but relay information/decisions verbally and informally.

3) The first level of communication from members is to the Property Manager who will keep the board apprised of the communication and response.

4) If the member is not satisfied with the outcome, the member can write the Board Chair and a meeting with the member and 2 board members will undertake to seek a resolution.

5) If the meeting noted in #4 above does not resolve the issue or concern, then the board as a whole will review the situation, in camera, and their decision is final.

ACCOUNTABILITY Property Manager and Board of Directors

FORMS Form 2.2 Requests, Comments, Suggestions, Appeals

RELATED POLICIES

3.3 Rules and Regulations, Covenants

ByLaw#2

RELATED LEGISLATION

RELATED POLICIES

ByLaw #2

RELATED LEGISLATION



POLICY TITLE Newsletter, Welcome Package, Website, and Facebook Page

DATE APPROVED

POLICY

DESCRIPTION

The Walnut Grove Estates Community Association utilizes several methods of communication with its members to foster a sense of community spirit and well being by keeping members apprised of activities, developments, meetings, and the work of the Board and Committees.

PROCEDURE

1) The Association produces a monthly Newsletter by the volunteer Newsletter Editor that includes information about Board meetings, activities, interesting developments in the community, safety suggestions, listing of events. The newsletter editor also provides a calendar of events, periodic listing of members with address and phone numbers (maybe email soon?).

2) The Association has a Welcome Committee that meets with each new member to roll out the red carpet and provide the person(s) with information that will help them become acquainted with the activities and opportunities within our community.

3) Walnut Grove has a website and facebook page. Primarily used to promote Walnut Grove in the broader community especially those who might be considering moving into Walnut Grove.

ACCOUNTABILITY

Board

Newsletter Editor

WebMaster

FORMS Form 2.3 Job Description of Newsletter Editor

RELATED POLICIES

RELATED LEGISLATION


SECTION TITLE Real Estate

POLICY TITLE Selling Your Property in Walnut Grove

DATE APPROVED

POLICY

DESCRIPTION

Selling your home in Walnut Grove carries certain obligations and requirements to ensure the new owner is fully apprised that they are joining a Community with certain covenants and rules and regulations that govern owners through the Walnut Grove Estates Community Association.

PROCEDURE

1) Upon listing your property privately or through a realtor, the complete Vendor Package is to be given to the unit owner(s) by the Property Manager.

2) When an offer is pending, the unit owner has a responsibility to provide the potential owner with a copy of the Vendor Package directly, or through their realtor or solicitor.

3) When the sale of the unit closes the purchaser is required to complete relevant documents in the Vendor Package including the Closing Certificate, and Owner’s Information Sheet and provide to the Walnut Grove Property Manager.

4) The property manager is:

J.Shaver & Associates, 613 451 1190, [email protected]

ACCOUNTABILITY

Seller

Purchaser

Property Manager

FORMS Form 3.1 Closing Certificate

Form 3.1.1 Owner’s Information Sheet

RELATED POLICIES

RELATED LEGISLATION

mailto:[email protected]


SECTION TITLE

Real Estate

POLICY TITLE

Tenancy and Non-Owner Occupied Dwelling Units Guidelines

DATE APPROVED

May 3, 2016

POLICY

DESCRIPTION

It is recognized that, from time to time, privately owned dwelling units are leased by their owners or an agent of the owner to a tenant under a lease agreement. It is also recognized that there are a number of different types of tenancy arrangements that may be covered by a lease or an informal agreement. It is the intent of the Community Association to encourage all tenants to participate in the Walnut Grove Estates Community. It is also the intent of the Association that owners and/or agents leasing to tenants are aware of their rights and obligations. In order to guide the landlord/owners, rental agents, tenants and the Walnut Grove Estates Community Association members, the following guidelines shall apply:

PROCEDURE

1. For the purposes of these Guidelines, the following definitions will apply:

a. Agent – shall mean an individual or a company that is duly authorized to

represent the interests of the owner/landlord with respect to the leasing

of a Walnut Grove Estates Community private property;

b. Agreement - shall mean a mutual understanding between the landlord

and the tenant that may be implicit, verbal, or written;

c. Lease – shall mean a formal or informal contract by which a dwelling

unit or a portion thereof, is conveyed for a term by an owner/landlord to

a tenant and, without limiting the generality of the term, shall include

such contractual arrangements as the following:

i. long term leases which are greater than six (6) months in

duration and are entered into pursuant to the terms of the

Residential Tenancies Act;

ii. short term leases which are six (6) months or less in

duration and may be entered into pursuant to the terms

of the Residential Tenancies Act or under the terms of an

agreement;

iii. formal house exchange agreements which are greater

than six (6) months in duration;

iv. informal house exchange agreements which are six (6)

months or less in duration;

v. rooming agreements which involve the owner-occupier

sharing their house, by agreement, with another person

who has a locked bedroom and communal cooking

privileges; and

vi. boarding agreements which involve the owner-occupier

sharing their house, by agreement, with another person

who has a locked bedroom with meals provided;

d. Non-Owner Occupied Units – shall mean a dwelling unit that is located

within Walnut Grove Estates Community and which has been leased by

a landlord/owner and is occupied solely by a tenant;

e. Owner/Landlord – shall mean the registered owner or owners and their

successors and assigns (may include an estate, a trust or a legal

corporate entity duly recognized in the Province of Ontario) of a property

and dwelling unit located within Walnut Grove Community Estates and

the owner of a one/one hundred and thirty-fifth (1/135) share in the

community centre and common property elements who, for the

purposes of these policies, has entered into some form of lease

agreement with another party;

f. Tenant – shall mean an individual or group of individuals who enter into

either a long term or short term lease pursuant to the Residential

Tenancies Act or enter into an agreement for short term leasing, a

formal or informal house exchange agreement, or rooming or boarding

as defined herein, in order to rent a private dwelling and property or a

portion thereof located within Walnut Grove Estates Community;

2. All dwelling units located within the Walnut Grove Estates Community whether

owner occupied or leased are subject to the following:

a. The leasing of the dwelling units located within Walnut Grove Estates

will be guided and directed by the Ontario Human Rights Code which is

paramount and protects anyone desiring to lease a dwelling unit in

Ontario from discrimination;

b. The Residential Tenancies Act of Ontario is recognized as establishing

the legal relationship between a landlord and a tenant and a process for

resolving any conflict that may arise between them;

c. It is recognized that the use of all of the residential dwelling units in

Walnut Grove Estates are subject to the City of Kingston Zoning By-law

No. 97-102, as amended from time to time, and that any interior or

exterior construction on a unit is regulated by the Ontario Building Code

Act and may be subject to the issuance of a Building Permit by the City

of Kingston depending on the scale of the project and/or the cost;

d. The Walnut Grove Estates Community - Subdivision Agreement with the

City of Kingston remains in effect with respect to the location of

individual underground water and sanitary sewer lines, the lot grading of

individual properties and the maintenance of drainage swales and these

works cannot be changed without the permission of the City;

e. The provisions of BY-LAW NO. 2 of the Walnut Grove Estates

Community Association dated September 8, 2012, as amended from

time to time, shall apply, without limit, to leased properties or non-owner

occupied units;

3. The Walnut Grove Estates Community Association Rules and Regulations as

Set out in the Policies and Procedures Manual shall apply, without limit, to

leased properties or non-owner occupied units;

4. In the case of a long term lease or a formal house exchange agreement, the

Owner/landlord and/or the owner’s agent shall be responsible for the following:

a) Notifying the Walnut Grove Estates Community Association

President or Manager , in writing, of the intent to lease the unit

including the name of the tenant, the address of the unit and the

date when the lease will come into effect,

b) Supplying, in writing, the name and contact information of any

agent acting on their behalf in arranging and/or managing the

leasing of their unit, if applicable,

c) Informing the prospective tenant of the provisions of BY-LAW NO. 2

and of the terms of the Policies and Procedures including the Rules

and Regulations and provide them with copies of the documents that

may be obtained from the Welcome Committee or the Manager,

d) Paying the annual Walnut Grove Estates Community Association

membership dues levied each year as set out in the annual budget

approved at the Annual General Meeting in accordance with the

provisions of ARTICLE XII, COMMON DUES of BY-LAW NO.2,

e) Providing the Walnut Grove Estates Community Association

President or Manager, in writing, with the owner’s contact

information including mailing address, telephone number and email

address, and

f) Providing the Walnut Grove Estates Community Association

President or Manager, in writing, with any future changes to the

owner’s contact information including changes to the mailing

address, telephone number and email address;

5. In the case of a short term lease, an informal house exchange of six (6) months

or less, a rooming agreement or a boarding agreement, it is the responsibility of

the owner/landlord or owner-occupier to undertake the following:

a) To inform the tenant(s) of the provisions of BY-LAW NO. 2 and of

the terms of The Policies and Procedures Manual including the

Rules and Regulations as amended from time to time,

b) To provide the Walnut Grove Estates Community Association

President or Manager, in writing, with the owner’s contact

information including a mailing address, a telephone number and an

email address, if they are no longer residing in Walnut Grove

Estates; and

c) To notify the Walnut Grove Estates Community Association

president or manager , in writing, of the name of the tenant and the

address of the unit;

d) Supplying, in writing, the name and contact information of any agent

acting on their behalf in arranging and/or managing the leasing of

their unit, if applicable.

6. All tenants shall be responsible for the following:

a) Complying with the provisions of BY-LAW NO.2 and the terms of the

Policy and Procedures Manual including the Rules and Regulations,

and

b) Maintaining the landscaping of the leased property in an appropriate

state;

7. All tenants are encouraged to participate in the Walnut Grove Community and

are welcome to join all the activities offered by the Community Association;

8. The landlord/owner or, where specified, their legal agent, and the tenant will be

given due Notice of any Community Association meetings;

9. All tenants are welcome to attend the Annual General Meeting of the Walnut

Grove Estates Community Association as well as any other General Meetings

convened and the Board of Director’s Meetings;

10. Tenant attendance at meetings does not carry with it the right to vote on any

Community Association matters raised at any of the meetings unless the tenant

is duly appointed by the owner/member as a proxy pursuant to ARTICLE VII,

MEETINGS OF MEMBERS, Section 4, Proxies, as found in BY-LAW NO. 2;

11. Either the landlord or the tenant may attend Community Association functions

and events and either one is welcome to use the Community Centre for formal

private functions subject to the Alcohol Policy and the Operation of the

Community Centre stipulations set out in the approved Policies and Procedures

Manual, and subject to the Social Committee protocols which may, from time to

time, be amended, and

12. If requested, key to the community centre will be provided, to either owners or

to tenants committed to a long term lease or to tenants involved in short term

leases or agreements, if required for the purpose of hosting their own formal

private functions.

ACCOUNTABILITY Board

FORMS

RELATED POLICIES

RELATED LEGISLATION

Human Rights Code, Residential Tenancies Act, City Bylaws, Ontario Building Code



POLICY TITLE Rules and Regulations

DATE APPROVED

POLICY

DESCRIPTION

Walnut Grove Estates was originally designed to accent the spacious surroundings and constancy of architectural design. The parklands and pathways in the common property, along with the beauty of private gardens, enhance this concept. Guidelines are offered to help unit owners understand these established practices.

PROCEDURE

1. Natural fences, using shrubs, trees and other landscaping strategies are encouraged for privacy. Should a unit owner decide to build a fence, the following conditions must be met:

a. the location, design, height and components of any fence not called for by the Site Plan Agreement must be approved by the Board of Directors;

b. unit owners who have a Site Approved wooden fence as part of the back portion of their lot and who wish to duplicate the design, height, material and components of their fence to enclose their yard should submit their plan to the Board of Directors for approval;

c. unit owners who have a Site Approved chain link fence at the side or end of their property, and who wish to duplicate the design, height and components of their existing fence to enclose their yard should submit their plan to the Board of Directors for approval;

d. all other homes must follow Rule (a) above.

2. The exterior of any dwelling shall not be modified from the original design.

a. Painting and decoration must use the original colours, unless approved by the Board of Directors. Details of approved paints are on the notice board in the Community Centre.

b. The only type of storm door that will be permitted is a “White Clear Vue” style doors similar to those already installed.

c. The exterior of any dwelling includes but not limited to roof, walkways, steps, siding, brick, eavestroughs, downspouts, railings, driveways, street-side trees.

3. Window air conditioning units are prohibited in any dwelling within Walnut Grove Estates.

4. Exterior shades, awnings or shutter may be installed only over or outside the windows or doors in the back (rear) wall of a dwelling.

5. The free standing, umbrella type of clotheslines in the only type permitted and must be located near the back of the building.

6. No communications equipment, except a satellite dish measuring no more than thirty inches in diameter, shall be erected in Walnut Grove Estates.

7. No sign, advertisement or notice other than a unit for sale or rent sign shall be inscribed, painted, affixed, erected or placed on the owner’s property. The FOR SALE or RENT sign shall not exceed two feet by three feet in size.

8. No boats, recreation vehicles, trailers, commercial vehicles, derelict vehicles or parts thereof shall be permitted on the properties unless stored in the garage. This rule does not apply to short term visitors, maximum of two days. For longer stays other parking arrangements must be found.

9. The maintenance of the common property (parkland, pathways and pathway fences) is the responsibility of the Association. All alterations, plantings, decorations or donations to the common property must have the approval of the Board of Directors beforehand.

10. All improvements built or installed on common property shall be repaired and maintained under the direction of the Board of Directors at the Association’s expense.

11. Garden Sheds are permitted in accordance with city bylaws and must be approved by the Board of Directors. The following Guidelines for Garden Sheds will be applied when approving the request:

a. Position the structure in as unobtrusive position as possible (e.g. behind existing privacy screens or approved wood fences), and it must be no larger than 80 square feet and no higher than 7’.

b. Where no privacy fence is present, position shed at least 4 feet from approved fences, and surround it with shrubs and/or trees. This technique would ensure the quality of general landscaping in the area as viewed by neighbours and common property users;

c. Choose colours that blend with existing buildings (i.e. beige and/or grey tones).

12. Parklands and pathways are recognized as a walking facility for residents and their guests. Safety is our primary concern.

a. Use of skateboards, roller blades, bicycles or any recreational motorized vehicle is prohibited except that motorized wheel chairs and scooters are permitted.

b. Pets must be kept on a leash at all times, their droppings must be gathered and removed, and they must be prevented from destroying trees, shrubs and other plants.

c. It is the responsibility of pet owners to ensure that their visitors are aware of our rules.

13. Bird feeding shall be allowed under the following conditions - Niger seed and Hummingbird liquid feed only (no sunflower seeds or cracked corn).

14. The feeding of animals including squirrels and chipmunks is prohibited.

15. Violations of the rules and regulations should be reported to the Property Manager/Board and the infraction will be drawn to the offender’s attention for remedial action.

ACCOUNTABILITY Property Manager and Board of Directors

FORMS

RELATED POLICIES

RELATED LEGISLATION



POLICY TITLE

Covenants and Restrictions

DATE APPROVED

POLICY

DESCRIPTION

The Covenants and Restrictions were prepared during the development of the Walnut Grove Estates Subdivision to govern the Developer (Dacon), and the buyers of properties and to protect Owners in perpetuity.

PROCEDURE

The lands to which these covenants apply (hereafter called the Lands) are Blocks 1 to 9 inclusive, 10, 11, 12, and 13, Registered Plan 13M-39 (formerly in the Township of Kingston), in the City of Kingston, County of Frontenac.

For the purposes hereof the term “Owner” means any Transferee of any part of the aforesaid Blocks and its/their successors in title and “Transferor” means Dacon Construction Limited, its successors and assigns.

The Owner Covenants with the Transferor and every other Owner to observe and comply with the following restrictions, the burden of which shall run with the lands of the Owner and the benefit of which shall run with the remainder of the above described lands.

These covenants shall be binding upon and ensure to the benefit of the Owners from time to time of any part of the above described lands, their respective heirs, executors, administrators, successors and assigns.

1) They shall not damage the services, municipal or otherwise, constructed by others including, but not limited to, structures, iron works, water hydrants, water valves, Mueller boxes, survey bars and stakes, road sub-grades, road cub-base, asphalt, curbs, sidewalks, street lights, utilities, hydro, cablevision and telephone structures and plant. The Transferee further shall reinstate any rear yard subdrains located within the lot as may be required by the municipality.

2) They shall not make any improvement to the portion of the above described lands owned by them (whether in the form of a building, surfacing of a driveway other than with gravel or otherwise), the effect of which is to interfere with services or necessitate their removal or relocation.

3) They shall not alter the finished grade of the Lands.

4) They shall not obstruct the swales shown on the plans in the subdivision agreement with sheds, swimming pools, retaining walls, raised gardens, patios, solid, fencing, berm plantings or any other structure or landscaping feature which would frustrate the drainage plan.

5) They shall not block or otherwise render ineffective any rear yard drain located within the limits of their property.

6) That any retaining wall existing when they purchase their property will not be altered as to design and intent.

7) They shall not deny access to their property to the Transferor until such time as the Transferor has been released of all its obligations under the Subdivision Agreement. Such access shall be solely to inspect, provide, construct, install, maintain and repair any of the services or work, required to be provided, constructed, installed and maintained pursuant to the Subdivision Agreement.

8) They shall not do or permit anything to be done to the portion of the above described lands owned by them or bring or keep anything thereon which will in any way increase the risk of fire or the rate of fire insurance on any other dwelling within the Plan of Subdivision (above described) or obstruct or interfere with the rights of the other owners of dwellings located with said subdivision, or in any way injure or annoy them or conflict with laws relating to fire prevention, public health, municipal by-laws or the building code.

9) There shall be no dealing with the above described lands by way of Transfer of any portion thereof unless a Transferee therein is a member of Walnut Grove estates Community Association.

10) They shall not contravene any Rule or By-Law promulgated by Walnut Grove Estates Community Association.

ACCOUNTABILITY

Walnut Grove Board of Directors through the Property Manager

FORMS

RELATED POLICIES

WG ByLaw #2

Policy 3.3

RELATED LEGISLATION

Municipal By-Laws

Form 1.1 Walnut Grove Estates Community Association

The Community Centre Manager has the authority to issue & track Community Centre Entry Keys.

Community Centre information is available on site or from the Community Centre Manager.

Each Unit is issued one key on request with no charge. Replacement key charge $30.

This key cannot be copied and must be returned on sale of unit to Community Centre Manager.

WGECA KEY REGISTRY

Name of unit owner..................................................................

Address....................................................................................

Phone #....................................................................................

Key #........................................................................................

Date issued .................................by.................................................

Date returned ....................................................

The Community Centre must be secured on leaving as follows:

Building to be left tidy, tables, chairs, etc. to be stored properly. Turn off portable heaters, stove, barbeque (+cover it), sound systems, the bathroom fans, and all interior lights, windows, patio doors and front door closed and locked. The alarm system enabled. I agree to use the Community Centre in accordance with the Rules and Regulations stated in The Walnut Grove Policy and Procedures Manual.

Signature of Unit Owner..............................................Date..............................

Witnessed by:……………………………... Print Name…………………………..


Walnut Grove Community Centre Team Roles and Responsibilities

The role of the Community Centre Team is to ensure our prime asset is maintained and protected for all to enjoy. The key functions are divided among the committee members who have prime responsibility for certain functions although there will be overlap and sharing as reasonable and appropriate. The coordinator will be prime contact with the Property Manager for issues related to contracts and need for trades people, although this may be delegated in specific instances to the member. It is important that the coordinator be kept in the “loop” for all matters pertaining to the requirement for expenditures or trades people. Set up and take down of chairs and tables are the responsibility of the lead member for each program and activity.

Administration

Private Functions

• Deals with all applications for private functions

• Forward information to chair for signature and to the manager as needed.

• Maintains a record of functions (applications)

• Ensures that renters are aware of rules governing private functions

• Members renting responsible for set up and take down of chairs/tables

• Inspects the Community Centre after each function.

• Forwards payment to the property manager

Community Centre Key Control

• Maintain control of all keys for the Community Centre

• Maintains updated records of key holders

• Responsible for having keys cut and numbered

• Maintains a ledger of Community Centre petty cash expenses

• Reports all income to the manager and board.

Petty Cash

• Holds and manages petty cash for incidental expenses for capital supplies related to the centre but not social functions. (eg. toilet paper, towels, light bulbs, garbage bags, etc)

• Arrange for alternate when committee member is unavailable

Mechanical (Heat, Water, AC, HRV, Building Structure) (Brian/Paul?)

• Does minor repairs where possible

• Check safety equipment (Fire extinguishers, emergency lights monthly).

• Drain all exterior taps in the fall and open in spring

• Monitor and ensure water sprinkler system is serviced spring and fall

• Monitor and ensure grass and snow removal is completed in timely fashion

• Check Eavestroughs and arrange for cleaning if needed

• Monitor parking lot for sealing and repair and re drill drain holes as required

• Reports mechanical maintenance needs to the coordinator (Property Mgr)


Building Care

• Controls heat, air and HRV systems to optimize cost effectiveness

• Instructs key holding members on the use of the alarm system

• Inspect building several times each week for heat, lights, leaks, etc.

• Maintain free access to all exits. (clear of snow and ice in winter)

• Pick up garbage close to clubhouse

• Maintains stores of daily use supplies for the Centre (petty cash)

• Maintains the main Community Centre notice board (not social board)

• Monitors janitorial services including private function requirements

• Tidy storage cabinets, office, and mechanical room.

• Setup patio furniture and gazebo in spring and take down in the fall

• Clean deck and BBQ as needed.

• Identify maintenance needs (lights, windows, appliances, furniture, rugs, etc)

• Report outstanding building care issues to coordinator (Property Manager)


Recycle, Garbage, Compost

• Monitors recycle, garbage, and compost containers

• Puts garbage, recycling, and compost containers out to curb

• Purchases bags for garbage and composting


Coordinator

• Coordinates activities and issues with the Social Committee when necessary.

• Interface with property manager whenever necessary

• Ensures coverage for committee members when they are unavailable

• Liaises with property manager to address identified issues

• Identifies any trimming/grounds/shrub needs to the Grounds Committee

• Ensures someone checks over the centre several times a week

• Meets with CC Team to manage issues on an as needed basis

• Reports on the Community Centre at each board meeting as needed

• Arranges for alternate when coordinator is unavailable


Community Centre Rental Application for a Private Function

Reservations for Private Functions at the Community Centre may be made only by a Resident Owner of Walnut Grove Estates. The Rental Application can be obtained from, and is to be filed with the Community Centre Admin volunteer. (Wendy Bowen 121 Ellesmeer Avenue)

Reason for Use..............................................................Date of Event………………………….

Time of Start...................................... (Includes renter’s set up time)

Time of Finish..................................... (Includes renter’s cleanup time)

Number Attending............................... (Maximum 80)

Rental Fees:

a) Full Community Centre Use for 1 to 5 hours (if kitchen used and/or food service)

Up to 20 persons $100 plus $20 for each hour or part hour more than 5 hours, 21-40 persons $130 plus $20 for each hour or part hour more than 5 hours, 41-80 persons $160 plus $20 for each hour or part hour more than 5 hours.

The Designated Renter must ensure that the meeting hall, kitchen, and bathrooms are left in the same condition as was found at the start of the function. The Designated Renter must make proper use of the garbage, composting and recycling facilities. All clean up including storage of tables and chairs must be completed at the end of the function. A fee of up to $100.00 will be charged if the dishes, the kitchen, and the hall cleanups are not completed satisfactorily. In addition, the Designated Renter is liable for any breakage.

b) Limited Community Centre Meeting Use for 1-3 Hours (no kitchen use or food service)

Up to 20 persons $25 plus $10 for each hour or part hour more than 3 hours, 21-40 persons $40 plus $10 for each hour or part hour more than 3 hours, 41-80 persons $60 plus $10 for each hour or part hour more than 3 hours.

The Designated Renter must ensure that the storage of tables and chairs is completed by the end of the function and that the meeting hall is left in the same condition as was found at the start of the meeting. A fee of up to $100 will be charged if cleanup is not completed satisfactorily. In addition, Designated Renter is liable for any breakage.

Rental Payment:

The Rental Fee is required at the time of the submission of the Rental Application to the Community Centre Admin volunteer and may be made either by cheque or cash.

I.................................................. (please print) as Designated Renter have read and understood the Community Centre ALCOHOL, ACCESS and RESERVATION policies and procedures and agree to act as DESIGNATED OWNER and I will assume all responsibilities and liabilities for any action that may occur as a result of anything whatsoever made, done or permitted by me or anyone in attendance at this function. I understand BBQ is not available for use at Private Functions. I further agree that I will leave the Community Centre in a satisfactory condition.

Designated Renter’s Signature

....................................................Address................................................................Date ..............................

Approved: Yes/No Admin Volunteer Signature………………………………Date..............................


Property Manager

Role and Responsibilities

The Board of Directors of the Walnut Grove Community Association decided to enter into a contract for the provision of professional management services. The purpose in retaining a Manager was to assist the volunteer Board of Directors in managing the affairs and assets of the Walnut Grove Community Association. The Manager, as the representative of the management firm, reports directly to the Board of Directors and attends the monthly meetings of the Board as well as the Association’s Annual General Meeting. In accordance with the terms of the current contract, the Manager is responsible for assisting the Board of Directors in managing the following general areas:

• the maintenance and care of the community centre and common areas;

• the preparation of the budget and monthly finances of the Association including the annual Statement of Accounts;

• the common property and community centre Replacement Cost/Reserve Fund Report and its updates from time to time;

• the files and records of the Board of Directors including the Minutes of the Board meetings and Annual General Meeting;

• the contracting of maintenance services and supervision of the trades people and their work;

• the maintenance of an accurate owners list with contact information in order to keep a current list of the Association membership and a list of current tenants; and

• the provision of advice to individual property owners regarding change and resolving owner issues.

Most of the duties assigned to the Manager directly involve the Board of Directors and their conduct of business on behalf of the Walnut Grove Community Association. However, the Manager is also in contact with individual property owners, from time to time, on behalf of the Board.

This contact may involve payment of the annual membership fees, concerns regarding such issues as property maintenance or property use and the receipt of proposals by private property owners for such changes as installing sheds, fencing and changes to the front exterior of the privately owned dwellings.

With respect to proposed changes to private properties, the Board of Directors has authorized the Manager to undertake, within the terms of the contract, the following;

• provide advice to proponents regarding the Association’s policies as set out in the Policies and Procedures Manual;

• accept letters from owners outlining the proposed changes prior to starting the work;

• review the proposals in relation to the Association’s policies;

• authorize the proposed change where it meets the policies as set out in the Policies and Procedures Manual; and

• report to the Board that the proposed changes meet the policies or that further consideration by the Board is required.

Where the proposed change does not meet the policies, the Board may either undertake further discussions with the proponent with the assistance of the Manager. The Board may also consider amending the policies.

In 2009, the Board of Directors of the Walnut Grove Community Association entered into the current contract with the firm of J. Shaver and Associates for the provision of the management services. Mr. John Shaver represents the firm and is the on-site Manager working with the Board of Directors. Mr. Shaver may be reached by telephone at 613-541-1190 or by email at [email protected]

mailto:[email protected]


REQUEST, COMMENT & SUGGESTION PROCEDURES

All requests, comments and suggestions are to be submitted in writing and

addressed to: The Board of Directors of Walnut Groves Estates,

136 Ellesmeer Avenue, Kingston, Ontario,

K7P 3H6.

Please Circle one: Request Comment Suggestion

Name (print).................................. Address..................................

Signature....................................... Phone#.................................

Requests will be answered by the Board in writing outlining their decision.

Comments, suggestions and other concerns will be reviewed by the Board who may

request a meeting with the person submitting them before providing a response.

The Board will take action on the above only when the form is complete and signed

by the person submitting the item.


Role and Responsibilities

Volunteer Newsletter Editor

Under the direction of the Board, the Newsletter Editor;

1. Maintains a list of contact persons for all operations and activities in the Association;

2. Maintains a list of email addresses for Unit owners;

3. Receives information from officers, employees, contact persons, and members of the Association concerning the business, safety, management and activities of the Association;

4. Monthly, assembles and edits the received information into a Newsletter and a Calendar;

5. Monthly, sends each draft Newsletter, Calendar and contact list to every Board

member and activity leader for comment in advance of distribution;

6. Edits draft Newsletters, Calendars and contact lists in light of comments received;

7. Three days before the end of every month, sends a Newsletter and Calendar for the following month and contact list to Unit Owners and to the Property Manager by email attachment.

The Newsletter Editor is a volunteer position under the direction of the Board of Directors.

Form 3.1


CLOSING CERTIFICATE

Walnut Grove Estates Community Association (known as the “Corporation”) certifies that as of the date of this certificate: General Information Concerning the Corporation 1. Mailing Address: 2263 Princess Street, Kingston, ON K7M 3G1 2. Address for Service: 2263 Princess Street, Kingston, ON K7M 3G1 3. Property Manager: J. Shaver & Associates a division of 1189483 Ontario Inc. Address: 2263 Princess Street, Kingston, ON K7M 3G1 Phone Number: Office(613)541-1190, Email [email protected], Fax(613)541-0773 4. The directors and officers of the Corporation are: Name Position President Vice President Treasurer Secretary 5. Membership Fees The owner of ____________________, Kingston ON registered in the Land Registry Office of the Land Titles Division of Frontenac (No. 13) is not default in the payment of membership fees. 6. A payment on account of membership fees for the unit in the amount of $_______ is due on January 1 of each year. This amount can be paid in two equal installments: January first and June first of each year. 7. The Corporation has the amount of $__________ in prepaid membership fees for the unit. 8. Budget The budget of the Corporation for the current fiscal year is accurate and may result in neither a surplus nor a deficit.. Membership fees have not been increased since the date of the budget and the board has not levied any assessments. 9. Reserve Fund The Corporation’s reserve fund amounts to $______.00 as of December 31, 20__. 10. Legal Proceedings, Claims There are no outstanding judgments against the Corporation and the Corporation is not party to any proceedings before a court of law, an arbitrator or an administrative tribunal. 11. Insurance The Corporation has secured policies of insurance for the common areas. 12. Attachments The following documents are attached to this status certificate and form part of it: (a) A copy of the Articles of Incorporation and Bylaw(s); (b) A copy of the Rules and Regulations and associated documents; (c) A copy of the previous year’s financial statements and the budget for the current fiscal year; (d) A current certificate of insurance; (e) Registration Unit Owner Membership form - which must be signed by the new Owner on closing and returned to the manager. (f) Member Information & Delivery Sheet and optional Release Waiver - to be signed by the new Owner on closing and returned to the Manager.

DATED AT Kingston this _____________ day of _________, 20______ Walnut Grove Estates Community Association

mailto:[email protected],

Form 3.1.1 Walnut Grove Estates Community Association OWNERS’ INFORMATION SHEET

PLEASE:

A) COMPLETE THIS FORM TO ENSURE OUR RECORDS ARE CORRECT AND WE HAVE AN EMERGENCY CONTACT;

B) RETURN TO WALNUT GROVE ESTATES COMMUNITY ASSOCIATION, 136 ELLESMEER AVENUE, KINGSTON, ON, K7P 3H6 BY MAIL OR DEPOSIT IN MAILBOX AT COMMUNITY CENTRE;

C) PRINT REQUESTED INFORMATION. THANK YOU!

NAME: ______________________________________________ OWNER TENANT

NAME: ______________________________________________ OWNER TENANT

OWNER (IF DIFFERENT FROM ABOVE): ______________________________________

WALNUT GROVE STREET ADDRESS: _______________________________________

CITY: KINGSTON, ONTARIO, DATE:__________________

PHONE: ___________________________ ALT PHONE: __________________

EMAIL ADDRESS: _____________________

PERMISSION TO PUBLISH PHONE NUMBER ON IN HOUSE LIST? YES NO

NUMBER OF RESIDENTS IN UNIT:

NUMBER AND TYPE OF PETS IN UNIT: (can we ask this question???)

PLEASE GIVE NAMES FOR EMERGENCY CONTACT

NAME: _______________ RELATIONSHIP: _____ PHONE: ___

NAME: _______________ RELATIONSHIP: _____ PHONE: ___

PLEASE ADVISE US OF THE NAME(S) AND SPECIAL NEEDS OF ANY PERSON(S) LIVING IN YOUR UNIT WHO MAY REQUIRE SPECIFIC ASSISTANCE IN AN EMERGENCY.

NAME: REQUIREMENT:

NAME: REQUIREMENT:

COMMENTS OR ADDITIONAL INFORMATION: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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