By-Laws No.3
PREAMBLE
WHEREAS there is an agreement betweenTerritoire des Lacs Inc. and the Association du Territoire des LacsInc. to which all members are contractually bound;
WHEREAS a servitude has been registered providing for certain standards, restrictions, and obligations inrespect of the development and use of Territory land;
WHEREAS it is appropriate for members of the Territory to establish criteria for settlement and rules to ensure the tranquillity of Territoire des Lacs.
GENERAL
1. This by-law shall create acontractual relationship between the Association and itsmembers.
2. Any member who transfers ownership orleases his or her property must notify the Association and provide it with the act evidencing such transfer or lease.
DEFINITIONS
3. "Member" means any owner of animmovable in Territoire des Lacs.
4. "Territory" means "Territoire" asdefined in section 2 of Règlement numéro 1.
5. "Weekend" means 5:00 p.m. Fridayto 7:00 a.m. Monday, and in the case of a holiday, means 5:00 p.m.the preceding day to 7:00 a.m. the following day.
SETTLEMENT ANDCONSTRUCTION
6. No lot may have an area of lessthan (5) acres, unless the lot is intended for the Association or the common use of the owners.
7. Property limits along a lake must measure at least two hundred and sixty (260) feet or eighty (80) metres.
8. No owner shall be obliged to build aresidence. However, an owner who does decide to build a residence and obtains a building permit must complete construction within one year following issuance of the permit, except for the exterior of the building and the landscaping, which must be completed within six (6)months.
9. No temporary building or dwelling(tent, house trailer) is allowed on the Territory, except during construction and for a maximum of twelve (12) months following issuance of the building permit.
10. No exterior siding of plastic,vinyl, or aluminum is allowed.
11. Only one house may be built perlot. However, a second house may be built if the lot contains atleast ten (10) acres, a must be situated at least one hundred (100) feet from any side lineand at least one hundred (100) feet from the lake frontage, with the exception of docks.
12. Before applying for a buildingpermit, an owner must furnish the Association with building plans anda surveyor's plan indicating the location of the residence. Allbuilding plans must be submitted to the architect of the Associationbefore the commencement of construction. No construction is allowed without the approval of the Association, and the Association herebyundertakes to communicate its response within a reasonable time. TheAssociation reserves the right to reasonably refuse any construction project in whole or in part. In its deliberations, the architecture committee of the Association shall consider the quality of materials more than the appearance of buildings, which buildings must, in anycase, be far from the view of neighbouring properties and thelakes.
13. The owner of an individual lotshall leave a screen of trees along the perimeter of the propertysuch that the principal residence and dependencies are not visiblefrom the lake or neighbouring properties. However, an owner may top acertain number of trees in order to see the lake, subject tomaintaining the wild and natural appearance of the lake frontage, thepurpose of this restriction being to preserve the wild and naturalaspect of the lake in perpetuity. Notwithstanding the foregoing, anowner may, to create gardens or recreational areas, cut any tree heor she wishes on the property out of view of the neighbours and the lake, provided that sixty percent (60%) of the wooded area on the lotis preserved. A thirty-foot (30') wide strip along all sidelines mustbe kept wooded at all times.
14. Subject to the rights of presentowners to build in accordance with municipal by-laws, allconstruction must have a footprint of at least one thousand squarefeet (1,000 ft2) and rest on concrete foundations. All plumbing facilities must be situated at least one hundred (100) feet from thelake or any watercourse, and a certificate of compliance must be obtained from the municipality and supplied to the Association. Nostationary construction may be built less than one hundred (100) feet from a lake.
15. All acquired rights shall beretained in respect of present use and constructions, and the right to build. However, acquired rights shall be lost where the construction protected by acquired rights is destroyed.
16. All construction, renovation, andrepairs, and the pruning and cutting of trees, must be carried outduring the week, from Monday to Friday, between 7:00 a.m. and 5:00p.m.
17. All residences must have a valueof at least two hundred thousand dollars ($200,000),excluding the value of the land and landscaping.
18. One floating dock, not longerthan twenty (20) feet, is allowed per owner. Docks must be situated at a distance of one hundred (100) feet from any property line. Noraft or floating dock that is not attached to the shore is allowed onterritory lakes. The colour and construction of docks shall be determined by the architecture committee of the Association.
19. The construction of all newshared roads in the Territory must be in accordance with Territory regulations and approved in advance by the Association uponrecommendation of the architecture committee, after the committee has examined the plans and road alignment. Shared roads must be at leasttwenty-six (26) feet in width, be bordered by trenches at least eight(8) feet in width, and have twenty-four-inch (24") galvanized steel culverts where required. The road bed must contain no vegetative soiland be composed of a base layer of 0-2_" stone at least eight (8) inches thick and a top layer of 0-_" stone at least four (4) inchesthick. All new roads must be accepted by the Association before theAssociation will maintain them. A road that does not conform shall remain the property of the owner, who shall assume its maintenance and repair, and access to that road shall be forbidden.
20. Upon construction of a new residence, construction fees in the amount of two thousand dollars($2,000) shall be payable to the Association by the new owner for the repair and maintenance of shared roads. The new owner shall be liablefor any damages in excess of two thousand dollars($2,000.00).
TRANQUILLITY
21. No individual lot may be used forother than private residential and recreational purposes.
22. The mowing of lawns is forbiddenon weekends, except by the owner on Saturday between 9:00 a.m. and12:00 p.m. and between 2:00 p.m. and 5:00 p.m.
23. No direct or indirect lighting ispermitted on or towards the lakes.
24. No pollution, waste, or storageis permitted on the Territory.
25. No recreational vehicle,aquascooter, pontoon, seaplane, helicopter, all-terrain vehicle, orsnowmobile is allowed on the lakes or the Territory. However, all-terrain vehicles are permitted on private property, but only forproperty maintenance during the week. The Association shall nevertheless have the right to set aside certain designated areas for the use of such vehicles, subject to authorization by seventy-fivepercent (75%) of the owners present at a special meeting called forthat purpose, the whole in accordance with the conditions set by theAssociation.
26. Waste must be deposited at theplaces provided for by the Association and no waste may be left in aplace that is visible from the common spaces of the territory or fromneighbouring properties. All waste must be placed in heavy-dutyplastic bags.
27. No sign is allowed on privateproperty unless it has been approved by the architecture committee of the Association.
28. No motors are permitted on thelakes unless they are electric motors.
29. No fire or fireworks arepermitted on the Territory without the consent of the authorized representatives of the Association and the municipality.
30. Hunting and the use of firearms are strictly forbidden.
31. Domestic animals are allowed butmust be kept on private property and must not disturb the neighboursor create unreasonably loud noise. When animals leave the property,they must be accompanied or be held on a leash; under nocircumstances may they be allowed to stray.
32. No outside storage is permittedon the Territory.
33. Accessory buildings are allowed,but they must be in keeping with the style of the mainbuilding.
34. No music that can be heard fromneighbouring properties or the common spaces is allowed outsideresidences. Notice must be given to the Association and immediate neighbours for special occasions or celebrations.
35. Fishing is allowed, but the useof live bait from a different lake is strictly forbidden.
36. Cross-country skiing and hikingare allowed on the common spaces only. No private property may becrossed without permission from the owner.
37. The following constitute disturbances and are prohibited:
a. Causing, or allowing to be caused, excessive noise that disturbs the neighbourhood;
b. Using, or allowing to be used, aninstrument or device that produces excessive noise in a manner that disturbs the neighbourhood;
38. All persons are forbidden todisturb public peace and tranquillity on the Territory by yelling,swearing, singing, using abusive language, fighting, organizing orparticipating in a mob, or in brutal or depraved entertainment, andshall cease and desist when so required by a Territoryguard.
39. A Territory guard who hasreasonable grounds to believe that the tranquillity of a person in aresidence is disturbed by noise that the guard considers excessivegiven the time, the place, and any other circumstance, may order anyone causing such disturbance to immediately cease anddesist.
40. It is forbidden to hinder orimpede pedestrians or traffic by parking a vehicle or loitering in a public place, and refusing, without valid reason, to move when sorequired by a territory guard.
PENALTY
41. Any person who contravenes thisby-law and commits a first violation shall receive written notice tothis effect. On a second violation, the violator shall be liable fora fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000), payable to the Association.
A person who violates the same provision ofthe by-law more than three (3) times within a period of six (6)months, shall be liable for a fine of not less than two hundreddollars ($200) and not more than two thousand dollars($2,000).
42. The Association may adopt finesfor various violations. In the case of repeated violations and afterat least four (4) written notices to the owner concerned, the otherowners may decide, by a majority vote of owners present in person orby proxy at a special meeting called for that purpose, to buy out theproperty of the delinquent owner, who shall be obliged to sell his orher property. The price and the terms and conditions of sale shall bedetermined by mutual agreement, failing which, the property shall bebought for market value and under terms and conditions determined byarbitration.
In that event, the association and the ownerconcerned shall each ap point an arbitrator within seven (7) days. Thetwo arbitrators named shall appoint a third arbitrator within thefollowing seven (7) days. The arbitration award must be rendered within thirty (30) days, the rules of arbitration being determined bythe arbitrators themselves. In the event that the delinquent owner refuses to respect this section or appoint an arbitrator, the Association or one of the owners may apply to a court of competent jurisdiction for the enforcement of this section and the appointmentof a sole arbitrator.
TERRITOIRE DES LACS INC.