IBE Rental Policy 2021

• Under this Policy (the “Policy”), the short term rental for commercial purposes of any home, buildings or other structures or any part thereof (any one or more being the “Premises”), located on lands held under any IBE Sub-Lease (the “Sub-Lease”) is strictly prohibited. The words “short term rental” mean a rental which is less than 3 months in continual and uninterrupted duration and the words “for commercial purposes” mean any offering or advertising of the Premises for rent including by way of any online platform such as Airbnb, Facebook Marketplace, VRBO, FlipKey, HomeAway, hometogo, Cottages-Canada or similar type of platform or by way of any other form of print or advertising media that facilitates, supports or otherwise advances the renting of the Premises and/or renting the Premises in exchange for consideration which may include cash, property or services.
• Every Sub-Lease owner (the “Sub-Lease Owner”) who rents his, her or its Premises for any period of time in excess of 3 months in continual and uninterrupted duration shall promptly and in writing provide the Board of Directors (the “Board”) of Indian Beach Estates Management Corporation (“IBEMC”) with: (a) the details of such rental arrangement including its commencement date and expected end date, (b) the name(s) and contact information of the primary renter (which shall not be a company nor any other third party person or organization), (c) the number of people comprising the renting party and who will be occupying the Premises, and (d) confirmation that: (i) during the entire term of the rental arrangement all required insurances are and will remain in place in respect of the Premises, and (ii) that the Sub-Lease Owner has advised his, her or its insurance provider that the Premises is being rented. Upon receipt by the Board of the foregoing information and provided that the rental arrangement is otherwise in compliance with the provisions of the Sub-Lease and the terms of this Policy, the Board may not object to this rental arrangement; however, the information provided will be used to avoid any further action being taken under this Policy in respect of the rental arrangement.
• Any Sub-Lease Owner who believes there is or has been a breach of this Policy by another Sub-Lease Owner, may submit a written report of the breach (the “Report”) to the Board by email or by mail. The Report shall contain the reporting Sub-Lease Owner’s name and lot number and the lot number of the offending Sub-Lease Owner. The reporting Sub-Lease Owner will not be identified in any manner to the offending Sub-Lease Owner nor to any other person beyond the members of the Board.
• If the Report concerns a first offence situation by the offending Sub-Lease Owner then in response to the Report the Board shall promptly and in any event within 10 days after receipt of the Report, issue a letter (the “Letter”) by email or by mail to the offending Sub-Lease Owner advising that he, she or it is in breach of the Policy and that his, her or its immediate compliance with the Policy is demanded. In addition to identifying the breach and providing a further copy of this Policy, the Letter shall also state that if subsequent breaches of the Policy occur which are not successfully disputed by the offending Sub-Lease Owner and reversed by the Board, then fines will be assessed and other remedial action may be pursued by the Board. A blind copy of the Letter shall be emailed or mailed to the reporting Sub-Lease Owner.
• If the Report concerns a second or any subsequent offence situation by the offending Sub-Lease Owner then the same process and rules as were applicable to the first offence situation shall be followed by the Board excepting that the Letter shall state the date or dates of the prior offence or offences and also state that the fine corresponding with the particular offence situation set forth below will be assessed against his, her or its lot, and in the case of a fourth or subsequent offence situation, that the said fine will be in addition to any other remedial action which the Board specifies and considers appropriate under the circumstances:
  
  1. Second offence – Fine of up to $2,500
  2. Third offence – Fine of up to $5,000
  3. Fourth and subsequent offences – Fine of not less than $5,000 and, if determined appropriate by the Board, other remedial action including the cancellation of the offending Sub-Lease Owner’s Sub-Lease.
• Under any offence situation, the offending Sub-Lease Owner shall have a period of 30 days from the date of the Letter within which to dispute that he, she or it has breached the Policy by proving, to the reasonable satisfaction of the Board, that the rental was not short term and/or was not for commercial purposes (the “Required Proof”). If the offending Sub-Lease Owner cannot provide the Required Proof within the said 30 day period, then upon the expiration of this period the applicable fine, if any, shall immediately be assessed against the offending Sub-Lease Owner’s lot and shall be payable within an additional 30 days, and the other specified remedial action, if any, shall immediately be commenced.
• Any Sub-Lease Owner’s breach of this Policy including that Sub-Lease Owner’s failure to pay any fine assessed by the Board under this Policy against his, her or its lot, shall constitute a breach of such Sub-Lease Owner’s Sub-Lease and will be dealt with in accordance with the terms and provisions of the Sub-Lease.
• Under this Policy any Report or other communication submitted or provided to the Board by any Sub-Lease Owner shall be in writing and sent to the following address:
  

  If sent by email:

  If sent by mail:

  president@indianbeachestates.com

  IBEMC
  #107, 6131 – 6th Street S.E.
  Calgary, AB T2H 1L9
  Attention: The President

• This Policy replaces and supersedes all prior rules, regulations or policies issued by the Board concerning the renting of any Sub-Lease Owner’s Premises including the rental policy dated April 21, 2015, and also amends accordingly the provisions contained in certain Sub-Leases concerning no renting for commercial purposes. This Policy is approved by the Board on January 27, 2021 to be effective on July 1, 2021.