Seasonal Use Appendices
APPENDIX A
Cedar Springs Community Club
BY-LAW NO. 13
By-law re the designation of permanent residences.
WHEREAS it has come to the attention of the Board of Directors of Cedar Springs Community Club that there has been considerable abuse of the seasonal residence use of many of the properties owned by the members of the Club.
AND WHEREAS the Club has been requested by the Corporation of the City of Burlington to establish, by By-law, those private properties owned by members of the Club which are designated as year-round residences:
BE IT THEREFORE ENACTED as By-law No. 13 of the Cedar Springs Community Club:
1. All properties owned privately by members of the Club are hereby designated as seasonal residences except those represented by the following lots Numbers Seven (7), Thirteen (13), Fourteen (14) Twenty-one (21), Twenty-six (26), Thirty-nine (39), Fifty-one (51)*, Fifty-four (54), Fifty-nine (59), Seventy (70), Eighty-seven (87) and Ninety (90) being lots included in the Registered Plans 224 and 225 (amended August 15, 1996).
2. And be it further enacted that the President and Secretary are hereby authorized and required to sign, perform and execute all deeds, documents, or things necessary or incidental to the carrying out of this said By-law.
PASSED by the Directors this 3rd day of September, 1981.
WITNESS the Corporate Seal of this Corporation.
PRESIDENT SECRETARY
* At a Members’ Meeting held August 15, 1996, the members amended By-law 13 to change Lot # 52 to Lot #51 so that the member who owned Lot #52 could sell it and buy Lot #51 and carry with him the right to continue to live year round.
APPENDIX B
Cedar Springs Community Club
BY-LAW NO. 15
ARTICLE NINE
Residency
WHEREAS the Official Plan of the Area of Burlington on page 12 of the Amendment No. 81 sets out,
“It is the intent of this Amendment not to permit any further conversions of seasonal residential dwellings to permanent residences in the Cedar Springs Community. It is recognized that the Cedar Springs Community is a private and self-sustaining development and will not have no more than twelve year round residences and eighty-two recreational cottages.”
AND WHEREAS the Club has designated that twelve (12) Lots with permanent residences thereon of the Cedar Springs Community and all other Lots are considered to have Recreational Cottages thereon.
Section 9.01 The Shareholders who are the owners of the Lots designated for Seasonal Residential Dwellings shall not use their Lots and Recreational Cottages as the only residence between November 1st and May 1st of the following year.
Section 9.02 If any Shareholder permits their Lot and Recreational Cottage to be used as the only residence during the period between November 1st and May 1st, in the opinion of the Board, a resolution of the Shareholders may be passed at a special meeting called to deal with the matter and if passed the Shareholder shall forthwith not be entitled to enjoy the Privileges of Membership and the Shareholder shall be declared to be Not in Good Standing. The Shareholder cannot be reinstated except by the Board and only by a vote of two-thirds (2/3) of those present and on the execution of a written undertaking as agreed upon between the Shareholder and the Board.
Section 9.03 Recourse of Shareholder: No Shareholder or Member shall, however, be expelled or suspended without first being notified of the charges against them and given an opportunity to be heard by the Shareholders at a meeting called for that purpose. Such notification shall be deemed sufficient if it is mailed to the Shareholders’ principal residence as shown on the register of the Club by a registered letter at least five (5) days prior to such meeting.
APPENDIX C
Resolution of the Board of Directors: September 16, 1998
Use of Seasonal Recreational Properties During the Off-Season
Whereas there are a number of members who use or permit the use of their seasonal recreational property during the period from November 1 and May 1 of the following year (which six month period is hereinafter referred to as “the off-season”);
And Whereas weekend and holiday recreational use has generally been accepted by the community during the off-season;
And Whereas some members substantially spend the off-season in a warmer climate but need the use of their seasonal property for a short period after November 1 and prior to May 1;
And Whereas the Board passed a motion on April 22, 1998 stating that members did not need to seek prior approval from the Board of Directors to use “Off-Season Holidays”;
And Whereas the members passed a motion at the August 20, 1998 meeting of members to continue and expand the Board’s mandate to ensure effective control of cottage use during the off-season, to refine and enhance the criteria and protocols used by the Board in managing off-season use and to endorse principles and suggestions recommended by the Task Force on Off-season Use;
And Whereas the number of “holidays” during the off-season is generally approximately 60 days;
Therefore, be it resolved:
That the motion respecting Off-Season Holiday Criteria passed by the Board at its meeting of April 22, 1998 and circulated to members prior to the May meeting is hereby rescinded;
That members are granted blanket approval to use their seasonal recreational properties during the off-season only on weekends, statutory holidays or other days chosen at a member’s discretion, all not to exceed a total of 60 days during the off-season, unless some greater number of days has been approved by the Board of Directors upon prior written request;
That if a member restricts his use to 60 days or less (or some greater number of days approved by the Board) during the off-season, the Board: (i) will accept that the member will have complied with any Seasonal Residency Undertaking signed by the member; and (ii) will not form an opinion for purposes of Article 9 of By-law 15 that conversion of a seasonal residential dwelling to year round use has taken place and, therefore, the member can be certain that the Board will not seek to have the member declared a Member Not in Good Standing at a Special Meeting of Members called for the purpose;
That the Board apply the following criteria when it considers whether to grant approval for use during the off-season for more than 60 days: (i) generally, grant relief only once; (ii) restrict relief granted on compassionate grounds to health problems and financial hardship; (iii) don’t grant relief for reasons of a matter of convenience of the member (including business reasons); and (iv) grant relief only to members who understand and practise the seasonal philosophy of the community;
That the Board report to the community the name of any member granted relief and, while respecting the sensitivity of the matter and the privacy of the member, the reasons for giving its approval; and
That members be made aware that this resolution or any other Board approval does not provide relief from external regulation of seasonal use (e.g. for septic systems) and members still risk enforcement actions by government agencies.
APPENDIX D
Restrictive Covenants
To: The Land Registrar for the Land Titles Division of Halton (20) Milton
And To: Cedar Springs Community Club, being an Association incorporated, under the laws of the Province of Ontario, pursuant to the requirements of Paragraph 5 of Instrument Number 15681 (Nelson A2) (the “GENERAL BUILDING SCHEME”, as defined below) and the registered owner of: Part of Lots 6 and 7, in the Second Concession, New Survey, as in Instruments NU15680 and 161204; Lots 97, 98 and 101 - 110, inclusive, Plan 225; and, Part Lots 99 and 100, Plan 225 as in Instrument 154130, all in the City of Burlington, formerly the Township of Nelson, being the lands described in Property Identifier Number (PIN) 07208-0138 (LT).
I/We, VENDOR(S) NAMES, the registered owner(s)/transferors(s) of the lands described in PIN ZZZZZ-ZZZZLT and the Applicant(s) herein, hereby apply to enter on the Register the restrictive covenants set out below:
1. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons other than in accordance with the building and other restrictions, terms and conditions set out in an agreement dated the 9th day of July, 1932, between certain property owners of the “Cedar Springs” (being the lands comprising Plans 224 and 225, City of Burlington), the late William Delos Flatt and Cedar Springs Community Club (the “GENERAL BUILDING SCHEME”), which agreement is registered in the Registry Office for the Registry Division of Halton in Book A2 for Nelson on the 29th day of June, 1933, as Number 15681 and which agreement has been extended by Notice of Claim dated May 4, 1979 and registered May 7, 1979 as Number 501408 as explained by Statutory Declaration dated the 14th day of June, 1979 and deposited on the 18th day of June, 1979 as Number 503936.
2. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons: (i) as a permanent or year-round residence; (ii) other than for summer seasonal recreational purposes; and (iii) other than in accordance with the restrictions, terms and conditions set out in the By-law(s) of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
3. For the purpose of the interpretation of the restriction, regarding summer seasonal recreational use, set out in paragraph 2 above, and without limiting the generality of any of the restrictions herein contained, during the period from November 1st up to and including May 1st in each successive year (the "off-season"), no buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, or the said lands, shall be used or occupied by any person or persons:
(a) other than for recreational use on occasional weekends and statutory holidays; or
(b) as his, her or their: (i) domicile; or (ii) primary residence; or (iii) permanent residence; or (iv) year-round residence; or (v) full-time residence; or (vi) only residence,
without the prior written consent of the Board of Directors, of Cedar Springs Community Club which must be obtained in advance on a per occurrence basis or pursuant to a general resolution of the Board of Directors, of Cedar Springs Community Club.
4. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons for any summer seasonal recreational or recreational cottage purposes or any other purpose, whatsoever, unless the registered owner(s)/transferee(s) of the lands described in PIN ZZZZZ-ZZZZLT: (i) has first become and is/are, at all such times, member(s), in good standing, of Cedar Springs Community Club; (ii) at all times, faithfully observes and complies with the rules, resolutions and by-laws regularly passed and/or adopted from time to time by Cedar Springs Community Club; and (iii) has promptly paid and satisfied, as and when the same is demanded by Cedar Springs Community Club, all membership fees and dues fixed and/or determined by Cedar Springs Community Club, for the carrying out or performance of any of the objects or purposes of Cedar Springs Community Club, or otherwise imposed upon the owner(s)/transferee(s) of the lands described in PIN ZZZZZ-ZZZZLT, in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
5. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons as a permanent or year-round residence or other than for recreational cottage purposes as provided for by the City of Burlington Official Plan.
6. No Transfer of the lands described in PIN ZZZZZ-ZZZZLT shall be registered: without the consent of Cedar Springs Community Club; and, other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
7. No Charge, Lease or Notice of Lease of the lands described in PIN ZZZZZ-ZZZZLT shall be created and/or registered: without the consent of Cedar Springs Community Club; and, other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
8. No buildings or other structures shall be erected, renovated, modified, demolished or expanded on the lands described in PIN ZZZZZ-ZZZZLT:
(a) without the prior written consent of Cedar Springs Community Club;
(b) other than in accordance with plans and elevations as have been approved in writing by Cedar Springs Community Club;
(c) which are not rustic in nature and in keeping with those already constructed on the lands in Cedar Springs; and
(d) other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
9. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons:
(a) for the purpose of carrying on any trade or business; or
(b) in such a manner which is a nuisance or annoyance to the owners or occupiers of any of the lands in Cedar Springs or any of the lands belonging to Cedar Springs Community Club, without the prior written consent of the Board of Directors, of Cedar Springs Community Club which must be obtained in advance on a per occurrence basis or pursuant to a general resolution of the Board of Directors, of Cedar Springs Community Club.
10. There shall not be erected, on the lands described in PIN ZZZZZ-ZZZZLT, more than one dwelling house, with or without garage.
11. Other than the dwelling house, designated pursuant to paragraph 15 (a) hereof, no other detached structure, on the lands described in PIN ZZZZZ-ZZZZLT, shall be modified, improved, renovated or reconfigured such that it becomes a dwelling house.
12. No garage, erected on the lands described in PIN ZZZZZ-ZZZZLT, shall be used or occupied:
(a) for sleeping/accommodation purposes; or
(b) other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
13. No building or other structure erected on the lands described in PIN ZZZZZ-ZZZZLT shall be used or occupied or rented or leased:
(a) separately from any other such building(s) or structure(s), on said lands; or
(b) other than as an ancillary and/or integral part of the dwelling house erected on said lands; or
(c) other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of the Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
14. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied for/during any period of time:
(a) by any person other than by either but not both of: (i) the permitted/authorized occupants of said lands together with his(their) guests; or (ii) the Tenant of said lands/structures together with his(their) guests; or
(b) contemporaneously by the permitted/authorized occupants of said lands and a Tenant of said lands; or
(c) other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of the Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
15. For the purpose of the interpretation of the restrictions set out in paragraphs 8, 10, 11, 13 and 14 above, and without limiting the generality of any of the restrictions herein contained:
(a) where there are constructed or erected, on the lands described in PIN ZZZZZ-ZZZZLT, more than one structure capable of being used or occupied for sleeping or habitation purposes, the designation of which of such structures is the permitted dwelling house (pursuant to the prohibitions and restrictions contained in paragraph 10 above and/or the General Building Scheme) shall be made by the Board of Directors of Cedar Springs Community Club;
(b) “dwelling house” shall have the meaning as set out in the By-law(s), rules and regulations of the Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club or, failing there being such a definition in the By-laws, rules or regulations, as defined by the Board of Directors of Cedar Springs Community Club;
(c) “guest” shall be a third party who is not required to seek to become a Tenant under the By-law(s), rules and regulations of the Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club or, failing there being such a definition in the By-laws, rules or regulations, as defined by the Board of Directors of Cedar Springs Community Club;
(d) “permitted/authorized occupants” shall include the owner(s)/transferee(s) and all other persons who are entitled to the privileges of membership of Cedar Springs Community Club, by reason of said owner(s)/transferee’(s) ownership of the lands described in PIN ZZZZZ-ZZZZLT and said owner(s)/transferee(s) being a member of Cedar Springs Community Club;
(e) “Tenant” shall mean a third party who has obtained the right to occupy the structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, pursuant to a lease duly approved by the Board of Directors of the Cedar Springs Community Club.
16. All trees and shrubs, on the lands described in PIN ZZZZZ-ZZZZLT, shall be preserved as far as possible and no trees, on the lands described in PIN ZZZZZ-ZZZZLT, shall be cut down or removed without the prior written consent of the Board of Directors, of Cedar Springs Community Club which must be obtained in advance on a per occurrence basis or pursuant to a general resolution of the Board of Directors, of Cedar Springs Community Club.
17. None of the restrictive covenants set out herein may be modified, deleted or amended without the prior written approval of the Board of Directors, of Cedar Springs Community Club.
18. In the event that all or any part of the lands, now described in PIN ZZZZZ-ZZZZLT, are hereinafter re-described under a new or different Property Identifier Number(s) (the “New PIN(s)”), whether by reason of severance of a portion of the lands now described in PIN ZZZZZ-ZZZZLT or the merging with abutting lands, all of the restrictive covenants, set out above, shall continue to bind the lands described in the New PIN(s) as well as any remainder lands described in PIN ZZZZZ-ZZZZLT or any successor Property Identifier Number(s) substituted therefore.
Cedar Springs Community Club
BY-LAW NO. 13
By-law re the designation of permanent residences.
WHEREAS it has come to the attention of the Board of Directors of Cedar Springs Community Club that there has been considerable abuse of the seasonal residence use of many of the properties owned by the members of the Club.
AND WHEREAS the Club has been requested by the Corporation of the City of Burlington to establish, by By-law, those private properties owned by members of the Club which are designated as year-round residences:
BE IT THEREFORE ENACTED as By-law No. 13 of the Cedar Springs Community Club:
1. All properties owned privately by members of the Club are hereby designated as seasonal residences except those represented by the following lots Numbers Seven (7), Thirteen (13), Fourteen (14) Twenty-one (21), Twenty-six (26), Thirty-nine (39), Fifty-one (51)*, Fifty-four (54), Fifty-nine (59), Seventy (70), Eighty-seven (87) and Ninety (90) being lots included in the Registered Plans 224 and 225 (amended August 15, 1996).
2. And be it further enacted that the President and Secretary are hereby authorized and required to sign, perform and execute all deeds, documents, or things necessary or incidental to the carrying out of this said By-law.
PASSED by the Directors this 3rd day of September, 1981.
WITNESS the Corporate Seal of this Corporation.
PRESIDENT SECRETARY
* At a Members’ Meeting held August 15, 1996, the members amended By-law 13 to change Lot # 52 to Lot #51 so that the member who owned Lot #52 could sell it and buy Lot #51 and carry with him the right to continue to live year round.
APPENDIX B
Cedar Springs Community Club
BY-LAW NO. 15
ARTICLE NINE
Residency
WHEREAS the Official Plan of the Area of Burlington on page 12 of the Amendment No. 81 sets out,
“It is the intent of this Amendment not to permit any further conversions of seasonal residential dwellings to permanent residences in the Cedar Springs Community. It is recognized that the Cedar Springs Community is a private and self-sustaining development and will not have no more than twelve year round residences and eighty-two recreational cottages.”
AND WHEREAS the Club has designated that twelve (12) Lots with permanent residences thereon of the Cedar Springs Community and all other Lots are considered to have Recreational Cottages thereon.
Section 9.01 The Shareholders who are the owners of the Lots designated for Seasonal Residential Dwellings shall not use their Lots and Recreational Cottages as the only residence between November 1st and May 1st of the following year.
Section 9.02 If any Shareholder permits their Lot and Recreational Cottage to be used as the only residence during the period between November 1st and May 1st, in the opinion of the Board, a resolution of the Shareholders may be passed at a special meeting called to deal with the matter and if passed the Shareholder shall forthwith not be entitled to enjoy the Privileges of Membership and the Shareholder shall be declared to be Not in Good Standing. The Shareholder cannot be reinstated except by the Board and only by a vote of two-thirds (2/3) of those present and on the execution of a written undertaking as agreed upon between the Shareholder and the Board.
Section 9.03 Recourse of Shareholder: No Shareholder or Member shall, however, be expelled or suspended without first being notified of the charges against them and given an opportunity to be heard by the Shareholders at a meeting called for that purpose. Such notification shall be deemed sufficient if it is mailed to the Shareholders’ principal residence as shown on the register of the Club by a registered letter at least five (5) days prior to such meeting.
APPENDIX C
Resolution of the Board of Directors: September 16, 1998
Use of Seasonal Recreational Properties During the Off-Season
Whereas there are a number of members who use or permit the use of their seasonal recreational property during the period from November 1 and May 1 of the following year (which six month period is hereinafter referred to as “the off-season”);
And Whereas weekend and holiday recreational use has generally been accepted by the community during the off-season;
And Whereas some members substantially spend the off-season in a warmer climate but need the use of their seasonal property for a short period after November 1 and prior to May 1;
And Whereas the Board passed a motion on April 22, 1998 stating that members did not need to seek prior approval from the Board of Directors to use “Off-Season Holidays”;
And Whereas the members passed a motion at the August 20, 1998 meeting of members to continue and expand the Board’s mandate to ensure effective control of cottage use during the off-season, to refine and enhance the criteria and protocols used by the Board in managing off-season use and to endorse principles and suggestions recommended by the Task Force on Off-season Use;
And Whereas the number of “holidays” during the off-season is generally approximately 60 days;
Therefore, be it resolved:
That the motion respecting Off-Season Holiday Criteria passed by the Board at its meeting of April 22, 1998 and circulated to members prior to the May meeting is hereby rescinded;
That members are granted blanket approval to use their seasonal recreational properties during the off-season only on weekends, statutory holidays or other days chosen at a member’s discretion, all not to exceed a total of 60 days during the off-season, unless some greater number of days has been approved by the Board of Directors upon prior written request;
That if a member restricts his use to 60 days or less (or some greater number of days approved by the Board) during the off-season, the Board: (i) will accept that the member will have complied with any Seasonal Residency Undertaking signed by the member; and (ii) will not form an opinion for purposes of Article 9 of By-law 15 that conversion of a seasonal residential dwelling to year round use has taken place and, therefore, the member can be certain that the Board will not seek to have the member declared a Member Not in Good Standing at a Special Meeting of Members called for the purpose;
That the Board apply the following criteria when it considers whether to grant approval for use during the off-season for more than 60 days: (i) generally, grant relief only once; (ii) restrict relief granted on compassionate grounds to health problems and financial hardship; (iii) don’t grant relief for reasons of a matter of convenience of the member (including business reasons); and (iv) grant relief only to members who understand and practise the seasonal philosophy of the community;
That the Board report to the community the name of any member granted relief and, while respecting the sensitivity of the matter and the privacy of the member, the reasons for giving its approval; and
That members be made aware that this resolution or any other Board approval does not provide relief from external regulation of seasonal use (e.g. for septic systems) and members still risk enforcement actions by government agencies.
APPENDIX D
Restrictive Covenants
To: The Land Registrar for the Land Titles Division of Halton (20) Milton
And To: Cedar Springs Community Club, being an Association incorporated, under the laws of the Province of Ontario, pursuant to the requirements of Paragraph 5 of Instrument Number 15681 (Nelson A2) (the “GENERAL BUILDING SCHEME”, as defined below) and the registered owner of: Part of Lots 6 and 7, in the Second Concession, New Survey, as in Instruments NU15680 and 161204; Lots 97, 98 and 101 - 110, inclusive, Plan 225; and, Part Lots 99 and 100, Plan 225 as in Instrument 154130, all in the City of Burlington, formerly the Township of Nelson, being the lands described in Property Identifier Number (PIN) 07208-0138 (LT).
I/We, VENDOR(S) NAMES, the registered owner(s)/transferors(s) of the lands described in PIN ZZZZZ-ZZZZLT and the Applicant(s) herein, hereby apply to enter on the Register the restrictive covenants set out below:
1. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons other than in accordance with the building and other restrictions, terms and conditions set out in an agreement dated the 9th day of July, 1932, between certain property owners of the “Cedar Springs” (being the lands comprising Plans 224 and 225, City of Burlington), the late William Delos Flatt and Cedar Springs Community Club (the “GENERAL BUILDING SCHEME”), which agreement is registered in the Registry Office for the Registry Division of Halton in Book A2 for Nelson on the 29th day of June, 1933, as Number 15681 and which agreement has been extended by Notice of Claim dated May 4, 1979 and registered May 7, 1979 as Number 501408 as explained by Statutory Declaration dated the 14th day of June, 1979 and deposited on the 18th day of June, 1979 as Number 503936.
2. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons: (i) as a permanent or year-round residence; (ii) other than for summer seasonal recreational purposes; and (iii) other than in accordance with the restrictions, terms and conditions set out in the By-law(s) of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
3. For the purpose of the interpretation of the restriction, regarding summer seasonal recreational use, set out in paragraph 2 above, and without limiting the generality of any of the restrictions herein contained, during the period from November 1st up to and including May 1st in each successive year (the "off-season"), no buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, or the said lands, shall be used or occupied by any person or persons:
(a) other than for recreational use on occasional weekends and statutory holidays; or
(b) as his, her or their: (i) domicile; or (ii) primary residence; or (iii) permanent residence; or (iv) year-round residence; or (v) full-time residence; or (vi) only residence,
without the prior written consent of the Board of Directors, of Cedar Springs Community Club which must be obtained in advance on a per occurrence basis or pursuant to a general resolution of the Board of Directors, of Cedar Springs Community Club.
4. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons for any summer seasonal recreational or recreational cottage purposes or any other purpose, whatsoever, unless the registered owner(s)/transferee(s) of the lands described in PIN ZZZZZ-ZZZZLT: (i) has first become and is/are, at all such times, member(s), in good standing, of Cedar Springs Community Club; (ii) at all times, faithfully observes and complies with the rules, resolutions and by-laws regularly passed and/or adopted from time to time by Cedar Springs Community Club; and (iii) has promptly paid and satisfied, as and when the same is demanded by Cedar Springs Community Club, all membership fees and dues fixed and/or determined by Cedar Springs Community Club, for the carrying out or performance of any of the objects or purposes of Cedar Springs Community Club, or otherwise imposed upon the owner(s)/transferee(s) of the lands described in PIN ZZZZZ-ZZZZLT, in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
5. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons as a permanent or year-round residence or other than for recreational cottage purposes as provided for by the City of Burlington Official Plan.
6. No Transfer of the lands described in PIN ZZZZZ-ZZZZLT shall be registered: without the consent of Cedar Springs Community Club; and, other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
7. No Charge, Lease or Notice of Lease of the lands described in PIN ZZZZZ-ZZZZLT shall be created and/or registered: without the consent of Cedar Springs Community Club; and, other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
8. No buildings or other structures shall be erected, renovated, modified, demolished or expanded on the lands described in PIN ZZZZZ-ZZZZLT:
(a) without the prior written consent of Cedar Springs Community Club;
(b) other than in accordance with plans and elevations as have been approved in writing by Cedar Springs Community Club;
(c) which are not rustic in nature and in keeping with those already constructed on the lands in Cedar Springs; and
(d) other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
9. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied by any person or persons:
(a) for the purpose of carrying on any trade or business; or
(b) in such a manner which is a nuisance or annoyance to the owners or occupiers of any of the lands in Cedar Springs or any of the lands belonging to Cedar Springs Community Club, without the prior written consent of the Board of Directors, of Cedar Springs Community Club which must be obtained in advance on a per occurrence basis or pursuant to a general resolution of the Board of Directors, of Cedar Springs Community Club.
10. There shall not be erected, on the lands described in PIN ZZZZZ-ZZZZLT, more than one dwelling house, with or without garage.
11. Other than the dwelling house, designated pursuant to paragraph 15 (a) hereof, no other detached structure, on the lands described in PIN ZZZZZ-ZZZZLT, shall be modified, improved, renovated or reconfigured such that it becomes a dwelling house.
12. No garage, erected on the lands described in PIN ZZZZZ-ZZZZLT, shall be used or occupied:
(a) for sleeping/accommodation purposes; or
(b) other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
13. No building or other structure erected on the lands described in PIN ZZZZZ-ZZZZLT shall be used or occupied or rented or leased:
(a) separately from any other such building(s) or structure(s), on said lands; or
(b) other than as an ancillary and/or integral part of the dwelling house erected on said lands; or
(c) other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of the Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
14. No buildings or other structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, nor the said lands, shall be used or occupied for/during any period of time:
(a) by any person other than by either but not both of: (i) the permitted/authorized occupants of said lands together with his(their) guests; or (ii) the Tenant of said lands/structures together with his(their) guests; or
(b) contemporaneously by the permitted/authorized occupants of said lands and a Tenant of said lands; or
(c) other than in accordance with the restrictions, terms and conditions set out in the By-law(s), rules and regulations of the Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club.
15. For the purpose of the interpretation of the restrictions set out in paragraphs 8, 10, 11, 13 and 14 above, and without limiting the generality of any of the restrictions herein contained:
(a) where there are constructed or erected, on the lands described in PIN ZZZZZ-ZZZZLT, more than one structure capable of being used or occupied for sleeping or habitation purposes, the designation of which of such structures is the permitted dwelling house (pursuant to the prohibitions and restrictions contained in paragraph 10 above and/or the General Building Scheme) shall be made by the Board of Directors of Cedar Springs Community Club;
(b) “dwelling house” shall have the meaning as set out in the By-law(s), rules and regulations of the Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club or, failing there being such a definition in the By-laws, rules or regulations, as defined by the Board of Directors of Cedar Springs Community Club;
(c) “guest” shall be a third party who is not required to seek to become a Tenant under the By-law(s), rules and regulations of the Cedar Springs Community Club, as adopted and/or interpreted from time to time, by the Board of Directors of the Cedar Springs Community Club or, failing there being such a definition in the By-laws, rules or regulations, as defined by the Board of Directors of Cedar Springs Community Club;
(d) “permitted/authorized occupants” shall include the owner(s)/transferee(s) and all other persons who are entitled to the privileges of membership of Cedar Springs Community Club, by reason of said owner(s)/transferee’(s) ownership of the lands described in PIN ZZZZZ-ZZZZLT and said owner(s)/transferee(s) being a member of Cedar Springs Community Club;
(e) “Tenant” shall mean a third party who has obtained the right to occupy the structures, erected on the lands described in PIN ZZZZZ-ZZZZLT, pursuant to a lease duly approved by the Board of Directors of the Cedar Springs Community Club.
16. All trees and shrubs, on the lands described in PIN ZZZZZ-ZZZZLT, shall be preserved as far as possible and no trees, on the lands described in PIN ZZZZZ-ZZZZLT, shall be cut down or removed without the prior written consent of the Board of Directors, of Cedar Springs Community Club which must be obtained in advance on a per occurrence basis or pursuant to a general resolution of the Board of Directors, of Cedar Springs Community Club.
17. None of the restrictive covenants set out herein may be modified, deleted or amended without the prior written approval of the Board of Directors, of Cedar Springs Community Club.
18. In the event that all or any part of the lands, now described in PIN ZZZZZ-ZZZZLT, are hereinafter re-described under a new or different Property Identifier Number(s) (the “New PIN(s)”), whether by reason of severance of a portion of the lands now described in PIN ZZZZZ-ZZZZLT or the merging with abutting lands, all of the restrictive covenants, set out above, shall continue to bind the lands described in the New PIN(s) as well as any remainder lands described in PIN ZZZZZ-ZZZZLT or any successor Property Identifier Number(s) substituted therefore.