The Montevilla co-ownership (condominium) model

7/29/2019 The Montevilla co-ownership (condominium) model

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apmontevillainc

ASSOCIATION DES PROPRITAIRES DE MONTEVILLA APM INC.

Association des propritaires 1014, ch. de Montevilla [email protected]

de Montevilla (APM, inc.) Montebello, QC J0V 1L0 www.apmontevilla.ca

Gestion de coproprit (819) 815-5511

The Montevilla co-ownership (condominium) modelInformation package intended

for the owner-shareholder

This publication is intended only to provide general information and to facilitate

the understanding of the subject. The Corporate Minutes Book of the APM inc.,

the unanimous shareholder agreement and the easements and restrictive

covenants recorded in the land register of Qubec under project number

17022763 are the only authentic legal reference. The information contained in

this document does not constitute legal advice.


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I The co-ownership model of Montevilla

Introduction

Buying a property at Montevilla is similar in many ways to buying a condo. Although you own

your private property, you share the roads and common areas with other owners. This is similarto the idea of a condo sharing hallways and other common areas of a building.

Montevilla was not incorporated under the condominium model of the Qubec Civil Code

(coproprit divise), but its legal structure can be compared easily.

Instead of being a member of a condominium syndicate, you are a shareholder of a property

management company : the Association des propritaires de Montevilla, inc. (APM inc.). In

addition to your act of sale, easements, covenants and a unanimous shareholder agreement

(USA) binds you similarly to a condominium agreement and its regulations.

The easements and covenants recorded in the land register of Qubec state in part the terms of

the co-ownership model of Montevilla. Unlike a condominium, it is legal easements that give

your property the rights of access and passage for the common areas. Similarly, restrictions and

regulations for usage are imposed on your private property through restrictive covenants. It is

important to understand the scope of the easements and covenants and their perpetual nature

(seeAppendix B: The 7 easements and covenants of Montevilla).

Any sale or resale Montevilla involves the purchase or transfer of a share of the Association des

propritaires de Montevilla, inc. (APM inc.). This company is the owner of the private roads,

recreational common grounds and the common dock giving access to lake Charette. With yourshare, you become part owner of these assets and must contribute a contribution similar to

condo fees for maintenance.

The Montevilla co-ownership model is therefore a combination of this shareholder-ownership.

You own your building and co-own the APM Inc. as a shareholder. Instead of a single legal

document, as is the case in a condominium (the condominium agreement) Montevilla and its

co-ownership model are defined by three: the corporate minutes book, the easements and

covenants, and the unanimous shareholder agreement.


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The Corporate Minutes Book

The Corporate Minutes Book of the APM inc. contains, among other regulations of the

company, the various resolutions of the directors and shareholders, minutes of meetings,

records of directors and shareholders, the register of share transfers. This list is not necessarilyexhaustive, but we can summarize the contents of the corporate minutes book to everything

that concerns the organization and corporate management of the company. In Quebec, a

company incorporated under Part 1A of the Companies Act (which is the case at Montevilla) is

required to hold a book containing the above information.

Easement and covenants

The easements and covenants registered under project no. 17022763 in the land register of

Qubec largely govern the co-ownership model of Montevilla. The following points define the

role of APM Inc. in the management of the co-property and obligations of owners and the

promoter Nam inc. to the APM inc. (please refer tooriginal documentfor complete legal

description):

- 4.2 C, D: Footpaths - Responsibility for their maintenance and regulation

- A 5.3, B: Common roads (Lot 378, part 11) - responsibility for their maintenance and regulation

- A 6.3, B: Trail, bridge and common dock - Responsibility for their maintenance and regulation

- 7.3 B, C: Tennis and pool (Lot 378, Part 9) - responsibility for their maintenance and regulation

- 8.1 to 8.3: Regulations and restrictions Usage covenant of APM Inc. on private properties

- 8.4: Regulations and restrictions - Methods for reducing the scope of a regulation

- 9.3 A, B, D: Right of way "Lafortune" - Responsibility for the maintenance, regulation and completion

- 10.1: Obligation to acquire and maintain a share of APM Inc. (Existing owners)

- 10.2: Obligation to pay fees for maintenance - According to the annual budget (1/30)

- 10.3: Obligation Nam inc. to pay contributions unsold lots

- 10.4: Easement - Forcing Nam inc. to sell one share of APM Inc. each new buyer

In addition to the roles and responsibility of the APM inc., these easements grants you, as the

owner, right-of-ways and passage. Please refer toAppendix B: The 7 easements and covenants

of Montevilla.
http://www.montevillois.ca/documents/servitudemars182010.pdfhttp://www.montevillois.ca/documents/servitudemars182010.pdfhttp://www.montevillois.ca/documents/servitudemars182010.pdfhttp://www.montevillois.ca/documents/servitudemars182010.pdf


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The Unanimous Shareholders Agreement (USA)

The purpose of the unanimous shareholders agreement is to restrict the powers of the

directors, and increase that of shareholders in the management of the company. In the case of

a condominium (coproprit divise) established under the Civil Code of Quebec, these limits are

pre-established by law and the powers of the directors and shareholders are clearly definedand limited. To give similar restrictions to the co-ownership model of Montevilla, the

development and adoption of a USA was undertaken in 2011 by the Board of Directors. It would

not be possible, except by way of a unanimous shareholders agreement to submit the acts or

decisions of the directors of the APM Inc. to constraints forcing them to act in the exclusive

interest of the co-ownership, without their own interest or that of any other person interfering

with the exercise of their powers. However, there are important differences between the

restrictions of a condominium and that of the model employed at Montevilla. Please see the

comparison table inAppendix Afor more information.

II Association des propritaires de Montevilla, inc. (APM inc.)

The APM inc. is a company in its own right registered in Quebec under business number

1164783137 (NEQ). At the time of its registration by the promoter Nam inc. in November 2007,

the APM inc. was established in the legal form of a for profit company (Part 1A). It currently

operates under the law of corporations with shares. The number of shares of the APM Inc. is

limited to thirty (30), which reflects the maximum number of potential owner-shareholders. For

each share you own, you have a right to vote at meetings of the company. At this moment

there are 18 owner-shareholders holding 18 shares and voting rights. The remaining 12 shares

and voting rights remain the property of the promoter Nam inc., which represents the number

of unsold lots at the date of writing.

Mandate of the APM inc.

The APM inc. provides property management and maintenance of its assets, enforces the

regulations and restrictions, manages its finances to carry out its mandate and seeks to protect

the interests of owners.

The assets of the APM inc.

The APM inc. is the owner of Montevilla private roads and common areas (pool, tennis and

dock). According to the latest municipal role, these spread over approximately 15 acres of real

estate properties worth $108,500. The APM inc. is responsible for the maintenance of these

assets and may regulate their use by the owners.


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Private roads

The APM inc. owns the private part of ch. Montevilla, ch. Lafortune*, ch. Mackenzie and

George Peatman (see map below). These roads pass through a 20m wide strip on all their

length, which is around 12 acres of land known as Lot 378 Section 11 of the parish of Notre-

Dame-de-Bonsecours. As the road width is much less than the width of the strip, the APMinc. therefore has a margin on each side of these roads. The easements give your property a

right of way on these roads.

Chemins APM inc.

TerrainLot 378-11

Chemins

1040

1004

1035

1017

11

15

984

974

1011

LacCharette

5

9

11

15

21

17

25

27

CH. LAFORTUNE

Vidanges


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* ch. Lafortune (easement private road)

Only the first 50m of ch. Lafortune passes

through the strip of land belonging to the

APM inc. The rest of the road is a right of

private passage for which the APM inc. isliable to maintain under item 9.3a of the

easements. The strip of land was defined this

way to allow a possible completion of ch.

Lafortune which respects municipal

requirements in terms of width and distance

from the lake.

Common areas (tennis, swimming pool and dock)

The APM inc. is the owner of Part 9 of lot

378, a 2 acre plot on which are found the

recreational facilities: swimming pool, gazebo

and tennis. On the other side of ch.

Montevilla, the APM inc. owns a plot of half

an acre on which there is a path and a

wooden boardwalk leading to the common

dock on lake Charette. The easements give

your property a right to use these facilities

and rights of way and access to the lake.

Notarized trails

The APM inc. is also responsible for the maintenance of notarized footpaths are shown in a

plan attached to the easements (seeAppendix B: Montevilla easements and covenants).

These trails go through some private properties of lot 378 and those of promoter Nam inc.

LacCharette

Quai

Piscine

Tennis

LacCharette

CH. LAFORTUNE

CheminLafortune

Terrain

Chemins

Servitude


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Regulations and restrictions

The Montevilla co-ownership model includes several regulations and restrictions that are

imposed on your private property and those of the promoter Nam inc. through a restrictive

covenant developed in article 8 of the easements and covenants project (seeAppendix C). The

APM inc. has the power to enforce the covenants and is solely responsible in the event of non-

compliance by a property-owner.

It is possible to change a regulation or restriction of the covenant by means of a shareholders'

vote at a meeting if the intent is to reduce its scope. The majority required for such a vote

would be 2/3 of the shareholders. Once reduced in scope, a regulation cannot be reverted to its

original wording, nor can restrictions be applied after the fact. Unlike a condominium, it is not

possible to add new restrictions and regulations on a private property, make an existing

regulation stricter or completely eliminate a particular regulation through a shareholder vote.

In those cases, it would require modifying the covenant by a notary with the approval andsignature of all owners unanimously.

Apart from regulations imposed on your property, the APM inc. also has the power to make by-

laws relating to the use of rights of way and access: common paths, common dock, lake access,

pool, tennis and walking trails notarized (seeAppendix D).

III - ACTIVE PARTICIPATION IN THE CO-OWNERSHIP

Board of directors

The board of directors of APM Inc. is composed of five directors who are owner-shareholders

who volunteer their time. They must respect the obligations that the law on companies and the

USA imposes on them and act within their mandate and powers conferred upon them. All rules

relating to directors (number, election procedure, replacement, compensation, terms of office,

etc.) are laid down in the corporate minutes book and the USA.

Each year, the Board announces the positions for which the owner-shareholders may apply. The

term of office for these positions is normally two years. In addition to the responsibilities

granted by title (president, secretary, treasurer, etc.), each director is responsible for certain

aspects of the management of the condominium. The owners are invited to contact theresponsible administrator if they have questions or concerns.

It is also possible for an owner to meet all the directors at a board meeting if the request was

made in advance.


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Meetings of the Board

As part of its mission, the Board of Directors meets more or less regularly. The frequency of

meetings may depend on the current issues, but on average, the directors of APM Inc. meet

every two months.

Decisions taken by the directors at these meetings must be transcribed into a written document

that is available to owners who would like to see: it is the minutes of the meeting of the Board

of Directors. The interest of the minutes is to report the conclusion of the proceedings, that is

to say the decision, and not necessarily the deliberations themselves. The record is made

available deferred, following its approval at the next meeting of the Board.

The Annual General Meeting (AGM)

Condominium living implies that the owner-shareholders of APM Inc. shall hold a meeting toexercise decision-making power on a number of issues that can be extremely varied. Commonly

known as AGM, it is:

- to meet at least once a year all owners;

- analyze the accounts of the previous year;

- submit to shareholders for consultation and voting, the estimated budget for the coming

year;

- to vote on decisions regarding the operation of the condominium, such as the election of

directors.

Approval Applications

To comply with the regulations of the restrictive covenant, an owner must request permission

from the APM inc. for certain types of work on his/her private property, including construction,

exterior renovation and tree-cutting. This request should be made to the Board with the

appropriate form (seeAppendix E) before obtaining a building permit or other authorization.

Please plan your requests in advance, given the frequency of the Board meetings.

The website of the APM inc.

The APM inc. provides owner-shareholders a corporate website with all the information relating to themanagement of the Montevilla co-ownership. This information is updated regularly and offers owners a

quick and effective way to view the documents, forms and news of the APM Inc. A community forum is

also available to the owners to encourage discussion and sharing of information of general interest.


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A-1

SCHEDULE A

Comparative table condominium vs. co-ownership Montevilla

Condominium Montevilla

Manager Condominum syndicateAssociation des propritaires

de Montevilla, inc. (APM inc.)

Constitutive system Civil Code of Qubec (non-profit) Part 1A (for profit)

Constitution Condominium Agreement

Corporate minutes book

Easements and covenants

Unanimous Shareholders

Agreement

Majority to amend a regulation

/ approve budget 50%+1 66%

Majority to change the

constitution (other than the

items listed below)

75% 66%

Majority to change the

destination of the immovable *,

dissolution, sale of common

assets

90% 66%

Majority to amend aneasement

n / a 100%

Number of votes of the

property developer after 3

years **

25% 40%

Reserve fund (% of annual

budget)5% n / a

* The destination of the immovable corresponds to the vocation or "designation" of the condominium as it was

defined at the time of its formation by the promoter. The destination may be, for example, commercial, residential,or even mixed. The concept of the destination of the immovable is also established in the regulations and

prohibitions laid down in the original declaration of the condominium, for example, can we practice a profession,

have pets or rent out a unit? In the model of co-ownership at Montevilla, this notion is not protected to the same

degree as a condominium.

** In the case of a condominium, after three years, the promoter's share of votes is lowered to a maximum of 25%

even if its current share is higher.


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APPENDIX B

The 7 easements and covenants of Montevilla

History

The issue of easements and covenants at Montevilla was revised by notaries Gilles Laflamme

and Jean-Franois Pronovost during the summer and fall of 2009. One goal of this review was to

bring together in one project all the existing easements and covenants. Previously, with each

purchase at Montevilla a new easement was recorded in the land register. The easement

project 17022763 replaced them with a single document. During the review, new easements

and covenants have been added to the project to ensure homeowners access to hiking trails

and to limit development around the lake Charette outside of lot 378. This project was

approved and signed by all owners of Montevilla, the APM inc. and the promoter Nam inc. in

March 2010.

Definitions

Dominant tenement: benefited by the easement, "dominates" the situation

Servient tenement: undergoes servitude, "services" Dominant tenement

Easement: transfer of certain attributes of ownership in which a load is imposed on a

servient tenement, in favor of a dominant tenement

Real easement : easement created against a property for the benefit of another property

(the case at Montevilla)

In general, you are the owner of the dominant tenement. You benefit from easements that are

imposed in most cases the properties of the APM inc. and Nam inc. (the servient tenements).

The only exception is the regulations easement (seeNo. 5). In this case, the APM inc. is the

owner of the dominant tenement and your property, which is subjected to the rules, is the

servient tenement. Nam inc. is always the owner of servient tenement for all easements in

which it is implicated.

The following easements and covenants are grafted to your property title. By legal definition,

then they are "real" and "perpetual". When you sell your property, these easements and

covenants follow with the sale. With your building and/or land, you are the owner of these

easements as long as you live at Montevilla. In any assessment, these easements prove to be a

source of added value for your property. To change or end one of these easements, your

signature and that of all other owners is required.


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B-2

1. RIGHT OF PASSAGE (private roads)

Gives the right to pass on foot and by car on all private roads, which are defined as the lot

378-11 (ch. of Montevilla, ch. Lafortune and ch. Georges Peatman).

Dominant tenement: your property is beneficiary

Servient tenement: APM, Inc. (lot 378-11), in yellow below

Servitudede passage

Lot 378-11

Chemins

1040

1004

1035

1017

11

15

984

974

1011

LacCharette

5

9

11

15

21

17

25

27

CH. LAFORTUNE

Vidanges


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B-3

2. RIGHT OF PASSAGE AND ACCESS TO LAKE CharetteGives the right to pass and access to the lake Charette from the common dock.


Servient tenement: APM, Inc. (part of Lot 378)

1017

1011

LacCharette

5

9

11

15

17

CH. LAFORTUNE

Quai Lot378-P

3. RIGHT OF USE RECREATIONAL AREASGives the right to use the common area (pool and tennis)


Servient tenement: APM Inc. (lot 378-9)

1017

1011

LacCharette

5

9

11

15

17

CH. LAFORTUNE

Quai

Lot378-9

1017

1011

LacCharette

5

9

11

15

17

CH. LAFORTUNE

Lot378-9


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B-4

4. RIGHT OF PASSAGE TO CERTAIN LOTS (street Lafortune)This easement is intended only for residents of ch. Lafortune and gives them the right to go

on foot and by car on the "street" Lafortune, the existing road behind the chalets.

Dominant tenement: the respective properties of c. Lafortune are beneficiaries

Servient tenement: owners of ch. Lafortune (part of the lot of each of the owners)

1011

Lac

Charette

5

9

11

15

17

CH. LAFORTUNE

Quai

1011

LacCharette

5

9

11

15

21

17

25

27

CH. LAFORTUNE

5.

RESTRICTIVE COVENANT (regulations)Imposing regulations and restrictions on your private property that must be respected in

order to maintain and protect the environment, peace, security, tranquility and the general

harmony of the properties. This is the only covenant where your property is the servient

tenement (it it subjected to the regulations servitude). This is the legal "mechanism" that

gives a right to look of the APM inc. on your private property for the items listed in the

restrictive covenant (seeAppendix C). When the regulations talk about obtaining the

approval of the dominant tenement, it is that of the APM Inc.

Dominant tenement: APM Inc. (Lots 378-9 and 378-11) is the beneficiary

Servient tenement: your property and subsequent lots, property of Nam inc. 378-P, 379-P,

379-1, 379-2, 380-P, 380-1, 380-2, 381-1, 415-2, 415-1 and 416-1


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B-5

1040

1004

1035

1017

11

15

984

974

1011

Lac

Charette

5

9

11

15

21

17

25

27

CH. LAFORTUNE

Vidanges

Servitude dusage(rglements)

Fond servant :Lot 378*

* Ainsi que les lots de

Nam inc. entourant lenord du Lac Charette :379- , 379-1, 379-2,P

380-P, 380-1, 380-2,

381-1, 415-2, 415-1

et 416-1

(voir plan suivant)

6. RESTRICTIVE COVENANT OF NON-SUBDIVISION AND NON-CONSTRUCTION AND NOACCESS TO LAKE Charette

Prevents construction, subdivision and lake access on lots of Nam inc. around Lake Charette

outside the boundaries of Lot 378. This is a protected area of approximately 85 acres and

restricts access to the lake along 1.4 km of shore (see map on next page).


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B-6


Servient tenement: Nam inc. (Lots 379-P, 379-1, 379-2, 380-P, 380-1, 380-2, 381-1, 415-2,

415-1 and 416-1)

LacCharette

(nord)

Chute

380-P

379-1

379-P

380-1

378

416-1

380-2

414-2

415-2

381-1

414-1

415-1

LacLacroix(sud)

379-2

378

Servitudes

Non-construction et non-subdvision

Fondsservants

3XX-X4XX-X

Non-accs au lac Charette

7. EASEMENT HIKING TRAILSGive the right of way on foot on existing trails around Lake Charette which are represented

in plan appendixed to the easements. These trails pass of several properties of lot 378 and

those of Nam inc. around the lake Charette. They can not be replaced by a road or moved

without the owner of the servient offering a convenient alternative path as having the same

qualities as the original.Dominant tenement: your property is beneficiary

Servient tenement: Nam inc. (Lots 378-P, 379-P, 380-P, 415-2, 415-1, 416-1, 380-2, 379-2)

and parts of lot 378, properties of their respective owners (378-14 , 378-12,

378-15, 378-5, 378-4, 378-3, 378-2, 378-17, 378-6, 378-7).


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B-7

378-6

378-7

Servitude dessentiers pedestres

Sentiersnotaris

Sentiers

378-7

LacCharette

378-15

378-3

378-4

378-2

378-17

CH. LAFORTUNE

381-1

37 -P8

380-P

415-2

415-1

416-1

379-2

379-P

37 -P8

LacLacroix

378-5

378-

12

378-14

378-6

3XX-X

4XX-X

Fondsservants

380-2


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C-1

APPENDIX C

RESTRICTIVE COVENANT

Regulations and restrictions imposed on your property

To clarify the covenant and your obligation to it as an owner, "owner of the dominant

tenement" has been replaced in this appendix by its legal equivalent "APM, inc. ", the

Association des propritaires de Montevilla, Inc. The term "servient" has been removed as it is

implied. These regulations also apply to properties belonging to the promoter Nam inc. inside

lot 378 and those surrounding lake Charette. When a regulation mentions the approval of the

APM inc., you must submit a request to do so before you start your work (seeAppendix E).

Some of these regulations shown in red were reduced in scope by a vote of shareholders at the

AGM held on 16 June 2012. A regulation shown in orange had its scope reduced by a vote of

shareholders at the AGM held on 15 June 2013.

A) The owners, tenants and occupants must ensure that the tranquility of each of the other

owners Montevilla not disturbed at any time, by their behavior, that of their families, their

guests, customers or people their service;

B) The property must be used solely for residential purposes. Any other use is forbidden;

C) It can not be placed on the facade of buildings or anywhere else no sign, advertisement,

advertising or equivalent;

D) The color of the exterior painting of cottages built or to be built, the type and quality of

coating and in general, anything that contributes to the harmony of the whole, must comply

with the colors and types of materials approved by the APM inc. ;

E) Mobile or temporary structures and temporary carports (type Tempo) are strictly

prohibited;

F) None of the owners should clutter entries, circulation areas and parking, stay or leave

anything on these areas;

G) The rental of a building is allowed only for a period of a minimum (1) month;

H) Each owner shall, at its own expense, to maintain its buildings and equipment in good

condition, clean and comply with health standards;

I) No animal other than domestic may be kept on the properties or those owned by APM inc.

Any pet, considered harmful will not be kept on the properties or those owned by APM inc. ;


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C-2

J) It is strictly forbidden to subdivide or to register any change of any property. Land must

remain in their original size as it was in the sale of these lands by Nam inc. owners;

K) Except those already permitted hereunder, all new construction or modifications to existing

ones, are prohibited without the approval of the APM inc. but it must provide its comments

and recommendations within a maximum of 30 days. The reasons for refusal must besubmitted in writing to the owner and those reasons must be reasonable in its

deliberations, it will take into account the quality of materials, compliance with these and

architectural integration of the project in relation to all places;

L) The construction of a garage with a minimum area of 200 square feet and a maximum of

800 square feet will be possible for each property. This building will be in harmony with

existing buildings and the types of materials allowed;

M) Any storage shed, cabin, outbuilding for storage is prohibited; notwithstanding the

foregoing, when a home is under construction or is constructed, a storage shed that meetslocal regulations and those of the APM inc. can be added to this lot. This building should be

in harmony with existing buildings and the types of materials allowed. However, property

owners cannot implement this construction between their residence and the lake;

N) No external lighting equipment shall exceed sixty watts (60W);

O) It is forbidden to bury in the ground some waste or garbage;

P) Any owner will leave a curtain of trees around his property so that his principal residence

and outbuildings remain as invisible as possible to the lake and neighboring properties. It

may, however, trim some trees to the lake and see what, if it does nothing to harm the

natural look and wild lake;

Q) Any owner may cut the trees he wants inside his property, provided that the cut is approved

in advance by the APM inc. ;

R) All existing rights acquired to date will be retained for both uses and existing buildings, and

the rights of future building to replace them. However, if a vested right protected by

construction destroyed more than fifty percent (50%), these grandfathered rights stop and

repair or new construction must comply with the obligations set out in this servitude;

S) The APM inc. will be able to review plans for all or part of the buildings and associated

projects, provided on the property. The purpose of this exercise is to ensure the harmony of

the external design of new homes over existing ones and evaluate projects from the

perspective of the whole project; APM inc. analyze, with relevant experts, the plans and

specifications of any construction on any lot used, validate the location plans, the impacts

on the surrounding flora and fauna as well as other owners;


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C-3

T) Any building to be erected shall be located at a distance of at least 40 feet of the boundary

front, rear and side of the field. Residences on these lots will have dimensions on the

ground a minimum 800 square to a maximum of 2,400 square feet and sit on a foundation

or concrete floor feet. The number of floors shall not be more than two and a half floors

(2.5), the maximum height is thirty (30) feet. Existing buildings and not meeting this

requirement are grandfathered and do not have to comply with that rule; Considering the

particular topography of the lots on the ch. Lafortune, any building (primary or secondary)

on 378-2 lots, 378-3, 378-4, 378-5, 378-12, 378-14, 378-15 and 378 -17 may be erected in

accordance with municipal requirements only, that is to say, exempt from the limit of forty

(40) feet above mentioned;

G) Only cedar Western natural or treated, hemlock (natural or treated), pine painted or stained

to currently existing colors or coatings field stone (in this case with a maximum of 25% the

entire surface of the exterior walls) will be accepted. Openings, doors and windows will be

in the range of accepted colors;

V) During weekends and holidays, no construction may disturb the peace will be permitted,

with the exception of maintenance of properties belonging to the APM inc., Which will be

allowed between 10:00 hrs and 16:00 hrs. During the weekdays (Monday to Friday), the

construction should be carried out between 8:00 am to 17:00 hrs;

W) Any construction on a property, including cleaning and restoration thereof, will be

completed within a maximum period of 6 months from the date of commencement of

construction;

X) No accessory structure shall exceed the lake shore, with the exception of piers and docks inaccordance with regulations of the easement. No fixed structure, other than floating docks

and piers, can be installed on the waterfront;

Y) It is forbidden to build concrete docks or fixed structure. The use of material other than

wood (hemlock or western cedar) is strictly prohibited;

Z) The development of a spa will be allowed, but the quality of the development and its

location must first be approved by the APM inc. ;

AA) An outdoor private pool (above ground or inground) are prohibited on the property;

BB) The use of chemicals and insecticides is prohibited;

CC) The installation of clothes dryer on balconies and patios, as well as any clothesline, is

prohibited;

DD) All open fires must comply with laws and regulations, shall not be made within thirty (30)

feet from the shore and be safe;


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EE) No type of internal combustion engine (gas fuel) can not be used on any lot. Only electric

motors are allowed. Applies to all land as the lake. Gas mowers are prohibited;

Notwithstanding the foregoing, the use of lawn mowers, chain saws and snow blowers gas

are allowed. However, APM inc. promotes the use of services grouped for maintenance.

Furthermore, the use of generators is permitted in case of power failure;

FF) No boat from another body of water is permitted on Lake Charette, unless the vessel has

been previously cleaned to avoid contaminating the lake;

GG) No snowmobile or ATV (all terrain vehicle, quad), motocross or any other type of vehicle,

with the exception ofa personal car road vehicles, are permitted; Only ATVs (all terrain

vehicles) are permitted when used strictly for utilitarian purposes, not leisure, for snow

removal and general maintenance of private properties located on lot 378. The use of ATVs

remains prohibited on the common roads and trails of Montevilla;

HH) Floating rafts are prohibited, such as airplanes and helicopters;

II) No trailer, tent trailer, permanent tents are permitted. Only the installation of a temporary

tent on a lot (up to ten (10) days) is permitted;

DD) Hunting and use of firearms are prohibited;

KK) Fishing is permitted subject to full compliance with provincial and municipal laws;

LL) The continuous intense noise speaker sound system, engine without adequate muffler,

chain saws or other power equipment or other sources that generate noise that hinder the

peace and quiet enjoyment of other owners is prohibited;

MM) No person shall install, use, and / or to run a heat pump, air conditioner or any other type of

device that would cause harmful interference to other owners and quiet places in general

noise;

NN) It is forbidden to park motor vehicles on the roads. Owners must use their assigned parking.

No disabled vehicle, broken or damaged should be left at the scene more than five (5) days;

OO) No right of way, or priority access to enter Lake Charette will be granted in favor of any

person against any lot enjoying this right hereunder;

PP) The supply of drinking water and wastewater management in each of the residential units

will be the responsibility of each owner. These must ensure the maintenance of the quality

of their facilities and must comply with provincial and municipal regulations against septic

facilities and water supply.


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D-1

APPENDIX D

Rules concerning common areas

The pool, tennis and game courts, dock and boardwalk are private places for the exclusive use

of the owners or tenants and their guests. To ensure the security and tranquility of these

places, users are encouraged to comply with the following regulations:

REGULATION APM INC. ON THE POOL

The pool can be used daily from 8:00AM to 9:00PM.

The maximum number of bathers in the pool is ten (10).

Residents are required to accompany their guests to the pool and limit the number of these

to a minimum.

As the pool is not supervised, make sure to be accompanied during the swim.

For security and insurance, the access door must remain locked. A key is provided to each

owner to have access.

Any child 16 years or younger must be accompanied by an adult.

No user of the pool must run in the vicinity thereof or participate in dangerous games or

horseplay in the pool or around it.

Glass containers are strictly prohibited in the pool area.

For reasons of hygiene, it is suggested to take a shower first.

It is forbidden to manipulate without valid reason rescue equipment and pool cleaning

equipment.

Pets are not allowed in the pool area.

Sound systems, iPod bases or any other device projecting sound through speakers areprohibited.

All users of the pool must avoid any action or noise that unduly disturb other users and

adjacent landowners, or disturb the peace thereof.


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D-2

Upon leaving the pool, users are prompted to replace the furniture properly, close and

secure the umbrellas and put the solar blanket. The last person to leave the pool must

ensure that the access door is locked.

Any person (resident or not, tenant or other occupant) must ensure compliance with this

Regulation by any user of the pool and take all steps necessary or expedient to do so.

REGULATION OF APM INC. ON THE TENNIS AND GAME COURTS

The tennis and game courts can be used daily from 8:00AM to 9:30PM.

The tennis and games courts can be used by an occupant (resident owner or tenant of a

unit) for a period of one (1) hour if other occupants waiting to use the court.

The tennis court is to be used for the purposes intended. For any other leisure activity, it is

possible to use the game court opposite the tennis court.

Any user of the tennis and game courts must avoid any action or noise that unduly disturb

neighbouring landowners or disturb the peace thereof.

Last user must also ensure that the lights illuminating the tennis court are turned off when

leaving (the switch is located on the electrical panel inside the gazebo by the pool).

Any person (resident or non-owner, tenant or other occupant) must ensure compliance

with this Regulation by any user of the tennis court and take all steps necessary to do so.

REGULATION OF APM INC. ON COMMON DOCK

All users must avoid cluttering the boardwalk and dock with boats, chairs or other personal

effects.

Boats must be stored on land after use. It is forbidden to leave a boat docked.

For safety reasons, any child 14 years or younger must be accompanied by an adult on the

dock.

Any user of the dock and the boardwalk must avoid any action or noise that unduly disturb

neighboring landowners or disturb the peace thereof.

For safety reasons, it is recommended to use the common dock during daylight.

Any person (resident or not, tenant or other occupant) must ensure compliance with this

Regulation by any user of the common dock and take all steps necessary or expedient to do

so.


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E-1

APPENDIX E

APPLICATION FOR APPROVAL

Restrictive covenant (regulations)

When a regulation of the restrictive covenant (seeAppendix C) mentions the approval of the

APM inc., you must submit a request to do so before you start your work with the form on the

following pages.

The purpose of this request is to allow the board of directors of APM Inc. to verify and confirm

the compliance of the proposed work on your property and, if appropriate, materials and colors

to be used. Decisions are based solely on the criteria set out in the list of regulations and item

8.2 of the easement:

"This latest covenant is created in order to maintain and protect the environment, peace,

security, tranquility and the general harmony of the buildings..."

Other than approval applications related to the regulations, excavation, cutting of trees or

other proposed works along the roads of APM Inc. defined by the lot 378-11 (ch. of Montevilla,

ch. Lafortune, ch. George Peatman) must be submitted for approval to the Board of Directors.

As the APM inc. owns a strip of 20m (60') all along these roads, these types of work may

encroach in the margin belonging to the APM.


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E-1

apmontevillaincASSOCIATION DES PROPRITAIRES DE MONTEVILLA APM INC.

DEMANDE DAPPROBATION

1. IDENTIFICATION

LE PROPRITAIRE DU LOT O LES TRAVAUX SONT PRVUS EST:

Nom et prnom : Tlphone : (Rs.)

2 E AUTORISATION E. NATURE DES TRAVAUX POUR LESQUELS UN EST DEMAND

NATURE DES TRAVAUX :/ TYPE OF WORK (cochez toutes les cases applicables)

3. DESCRIPTION DES TRAVAUX PROJETS

DATE(S) PRVUE(S) POUR LE DBUT DES TRAVAUX: FIN PRVUE:

( ) -

No. de lot :

Adresse :

(Bur.) ( ) -

Peinturage exterieur / exterior painting

Coupe darbres / tree cutting

Marge chemins communs / common roads margin1 1

Construction dune rsidence / residential construction

Construction dun cabanon ou remise / shed construction

Construction autre / other construction :

DESCRIPTION DU PROJET:

INSTRUCTIONS : Cette demande devrait tre remplie et approuve par l'APM inc. avant de demander un permis de construction ou

quelconque autorisation auprs des autorits concernes. Complter lisiblement toutes les cases blanches des

4 demandes.sections 1 inclusivement, en fournissant les informations

( .)Cel ( ) -

Construction dun garage / garage construction

Agrandissement dune construction existante / addition to existing

Rnovation extrieure / exterior renovation

Autre :

RGLEMENTS APPLICABLES / APPLICABLE RULES ( )i.e. K, M, R, etc. - voir liste d e rglements / see rule s lis t :

EN VERTU DE LARTICLE 8 DU PROJET DE SERVITUDE 17 022 763

Courriel/e-mail :

( verso / over )

1Tous travaux dexcavation, de coupe darbres ou autres en bordure des chemins communs du lot 378-11 : Montevilla, Lafortune, George-Peatman (marge de 60' proprit de lAPM inc.)


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5. RENSEIGNEMENTS COMPLMENTAIRES

liste des matriaux et couleurs ;

Toute demande d'a doit tre accompagne d'une copie des plans et devis de mme que d'unpprobation plan de localisation. De plus, selon la nature des

(ministres, municipalit, etc.). Le demandeur doit s'assurer de respecter les normes et les dispositions des lois et des rglements en vigueur.

Le demandeur doit s'assurer d'obtenir tous les permis et certificats requis la ralisation des travaux projets auprs des autorits concernes

travaux, le demandeur doit inclure sa demande :

tout autre document pouvant appuyer la demande

Le demandeur doit aviser l de la fin des travaux par crit.APM inc.

6 RECEPTION DE lAPM inc.. ATTESTATION DE LA DEMANDE (section rserve )

violation des normes et dispositions en vigueur.

(Date de rception)

Jour

Le demandeur s'engage effectuer les travaux de faon conforme, correcte et professionnelle. Le demandeur demeure responsable de toute

(Signature d )u representant de lAPM inc.

Copie du plan de localisation

Copie des autres documents requis

Copie des plans et devis

Demande d'a dment complte et s ignepprobation

AnneDOCUMENTS REMIS : MoisOui Non

4. SIGNATURE DU DEMANDEUR

(Nom du signataire en lettres moules)(Signature du demandeur)

Anne

(Date de la signature)

Mois Jour

NOTES :

apm Association des [email protected]

photos ou illustrations pertinentes ;

1014, ch. de Montevilla

The Montevilla co-ownership (condominium) model

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