Skip to main content
The Condominium Amendment and Consequential Amendments Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1997, c. 35

THE CONDOMINIUM AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 28, 1997)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C170 amended

1         The Condominium Act is amended by this Act.

2         Clause 5(3)(g) is repealed.

3(1)      Clause 8(1.1)(c) is repealed and the following is substituted:

(c) a statement from the corporation in a form prescribed by the regulations, dated within 90 days before the execution of the agreement, which states the following:

(i) the parking arrangements that apply,

(ii) whether or not the corporation has authorized any major expenditure or made any decision that may materially affect the ongoing expenses of the corporation,

(iii) whether or not the corporation has approved any increase in assessment,

(iv) whether or not the corporation is a party to any legal proceeding,

(v) whether or not there are any outstanding insurance claims concerning the corporation,

(vi) the balance in the reserve fund, and the matters set out in clauses 30(1)(a) and (b),

(vii) whether or not the corporation is proposing any substantial addition, alteration or improvement to or renovation of the common elements or any additions to the assets of the corporation and the approximate cost,

(viii) any proposed amendments to the declaration, by-laws or rules that are being proposed by the board,

(ix) the name and address of the property manager and the person to be contacted for service together with a copy of any management agreement or proposed management agreement,

(x) the names and addresses of the directors and officers of the corporation,

(xi) a summary of charges that a purchaser may reasonably be expected to pay upon purchase of a unit,

(xii) whether or not termination of the government of the property has been authorized or proposed under this Act,

(xiii) the name and address of the auditor or accountant of the corporation and a statement as to whether or not the financial records of the corporation are audited.

3(2)      Clause 8(1.1)(h) is repealed.

4(1)      Subsection 12(1) is amended by repealing the part preceding clause (a) and substituting the following:

By-laws

12(1)     The corporation may make or amend by-laws by a vote of 75% of the voting rights held by members, as set out in the declaration, who are in attendance or represented by proxy at a meeting of members convened for the purpose of making or amending by-laws with respect to

4(2)      The following is added after subsection 12(1):

Notice of meeting

12(1.1)   Notice of a meeting referred to in subsection (1) shall be given to members at least 30 days before the meeting and shall include the agenda for the meeting and the text of any proposed by-law or amendment.

Giving notice

12(1.2)   The notice of the meeting shall

(a) be given

(i) by handing the notice to the member, or

(ii) by mailing the notice by prepaid, first class mail to the address where the member resides or carries on business; and

(b) be posted in a conspicuous location in the residential complex 30 days before the meeting.

Notice by mail

12(1.3)   A notice sent by mail under subclause (1.2)(a)(ii) is deemed to be given on the fifth day after the day of mailing.

Actual notice is sufficient

12(1.4)   Notwithstanding the fact that a notice is not given in accordance with this section, it is sufficiently given if it actually came to the attention of the person to whom it was intended to be given within the time for giving it under this section.

Quorum

12(1.5)    A quorum of members is present at the meeting irrespective of the number of persons actually present at the meeting, if the holders of a majority of the voting rights are present in person or represented by proxy.

4(3)      The following is added after subsection 12(5):

Copy of by-laws and rules to owner

12(6)     Within 21 days after a by-law or a rule is made, amended or repealed, the corporation shall give a copy of the by-law or the rule to each owner by

(a) by handing it to the owner; or

(b) by sending it by prepaid, first class mail to the residential or business address of the owner.

5         The following is added after subsection 13(1):

Compliance by tenants

13(1.1)   Each tenant renting a unit from an owner is bound by and shall comply with this Act, the declaration and the by-laws and the owner and the corporation have a duty to effect such compliance.

6         The following is added after section 13:

Termination of tenancy

13.1(1)   The corporation may give a tenant renting a unit from an owner a notice of termination if the tenant fails to remedy, within a reasonable time after having received written notice to do so from the corporation, a contravention or breach of the declaration, by-laws or rules of the corporation.

Notice to owner

13.1(2)   When a corporation gives a tenant notice of a contravention or breach under subsection (1), the corporation shall also give notice to the owner of the unit rented by the tenant and allow the owner reasonable time after receiving the notice to remedy the contravention or breach.

Copy of notice of termination to owner

13.1(3)   When a corporation gives notice of termination to a tenant under subsection (1), the corporation shall also give a copy of the notice of termination to the owner of the unit rented by the tenant.

Giving notice

13.1(4)   A notice given under subsection (1), (2)  or (3) shall be given

(a) to the tenant by handing it to the tenant or to an apparently adult person in the residence of the tenant; and

(b) to the owner by handing it to the owner or a landlord or an agent of the owner.

Other notice provisions may apply

13.1(5)   Notwithstanding subsection (4),

(a) the director or the commission under The Residential Tenancies Act may direct that a notice be given in a manner not described in subsection (4); and

(b) a notice is sufficiently given if it came to the attention of the person to whom it was intended to be given.

Length of notice re termination

13.1(6)   The following applies with respect to the length of notice required to be given by the corporation to the tenant with respect to a notice of termination under this section:

(a) except as provided in clause (b), a notice of termination shall not be less than one rental payment period effective on the last day of a rental payment period;

(b) a notice of termination may be given not earlier than five days after the notice is given if the contravention or breach

(i) poses an immediate risk to the health or safety of any person in the condominium complex,

(ii) results in extraordinary damage, or

(iii) results in an unreasonable disturbance of any person in the condominium complex.

Mediation by director

13.1(7)   The tenant or the corporation may make an application under The Residential Tenancies Act to have the director investigate, endeavour to mediate a settlement and determine a matter arising from an alleged breach by a tenant under subsection (1) and sections 152 and 153 of that Act apply with such modifications as the circumstances require.

Order of possession

13.1(8)   The provisions of The Residential Tenancies Act providing for an order of possession  apply with such modifications as the circumstances require to the corporation and the tenant renting a unit from the owner.

7         Clause 14(1)(g) is amended

(a) in the part preceding subclause (i), by adding "; on a form prescribed by the regulations, the following and any other matters that may be prescribed in the regulations:" after "certify";

(b) in subclause (i), by striking out "and for which" and substituting "including those for which"; and

(c) by striking out "and" at the end of subclause (ii) and by adding the following after subclause (iii):

(iv) whether or not the declaration of the corporation contains a provision referred to in subsection 5(5.1) respecting a leasing levy, and if so, the amount of the leasing levy,

(v) whether or not, to the knowledge of the corporation,  the owner is in breach of any provision of the declaration, by-laws or rules, and

(vi) whether or not a prospective purchaser shall be responsible for a breach referred to in subclause (v);

8(1)      Subsection 16(1) is amended

(a) by striking out "or renovation of" where it first occurs; and

(b) by striking out everything after "substantial change in the assets of the corporation".

8(2)      The following is added after subsection 16(1):

Meaning of "substantial"

16(1.1)   An addition, alteration or improvement to the common elements or a change to the assets of the corporation is substantial if

(a) it materially changes the manner in which the common elements are used or enjoyed; or

(b) it increases the operating expenses of the corporation.

Non-substantial alterations

16(1.2)   The corporation may make any addition, alteration or improvement to the common elements, or change in the assets of the corporation, that is not substantial, provided that the corporation holds a meeting of members convened for the purpose of considering the matter and

(a) gives notice of the meeting at least 30 days before the meeting

(i) to members, in accordance with subsection (1.3),including the agenda for the meeting and the text of any proposed motion to be presented by the corporation, and

(ii) by posting a notice in a conspicuous location in the residential complex;

(b) there is a quorum present at the meeting as determined under subsection (1.6); and

(c) at the meeting there is a vote in favour of the matter by the holders of a majority of the voting rights, as set out in the declaration, who are present in person or represented by proxy.

Giving notice

16(1.3)   Notice of a meeting referred to in subsection (1.2) may be given

(a) by handing the notice to the member; or

(b) by sending the notice by prepaid, first class mail to the address where the member resides or carries on business.

Notice by mail

16(1.4)   A notice sent by mail under clause (1.3)(b) is deemed to be given on the fifth day after the day of mailing.

Actual notice is sufficient

16(1.5)   Despite the fact that a notice is not given in accordance with this section, it is sufficiently given if it actually came to the attention of the person to whom it was intended to be given within the time for giving it under this section.

Quorum

16(1.6)   A quorum of members is present at the meeting, irrespective of the number of persons actually present at the meeting, if the holders of a majority of the voting rights are present in person or represented by proxy.

8(3)      Section 16 is amended

(a) in subsection (2), by striking out "or renovation of"; and

(b) in subsection (3), by striking out ", or renovation of,".

8(4)      The following is added after subsection 16(4):

Alterations etc. required by law

16(5)     Notwithstanding anything in this section, the corporation may, without a vote of members, make any addition, alteration or improvement to the common elements or any change in the assets of the corporation that is necessary to maintain the common elements in a state that complies with health, building, and maintenance and occupancy standards required by law, and the cost of doing so is a common expense.

9         Subsection 27(2) is amended by striking out "any unforeseen common expenditures or".

10        Subsection 28(3) is repealed.

11(1)     Subsection 30(1) is repealed and the following is substituted:

Reserve fund

30(1)     The following matters with respect to the reserve fund of a corporation shall be determined at least annually by a majority vote of the voting rights held by owners, as set out in the declaration, who are in attendance or represented by proxy at a meeting of owners convened for the purpose of considering such a matter:

(a) the contributions to the reserve fund as specified in the current budget of the corporation or an amendment to the budget; and

(b) the maximum increase in reserve fund contributions which the board may approve.

Notice of meeting

30(1.1)   Notice of a meeting referred to in subsection (1) shall be given at least 30 days before the meeting and shall include the agenda for the meeting and the text of any proposed motion to be presented by the corporation.

Subsections 12(1.2) to (1.5) apply

30(1.2)   Subsections 12(1.2) to (1.5) apply with necessary modifications to the notice and quorum requirements of the meeting.

11(2)     Subsection 30(2) is amended by striking out "and that the amount has been determined in accordance with the provisions of subsection (1)".

12(1)     Subsection 31(1) is repealed.

12(2)     Subsection 31(2) is amended by striking out "required under subsection (1)".

12(3)     The following is added after subsection 31(2):

If level of contributions not specified

31(2.1)   If the declaration or by-laws do not specify the proportion of the aggregate contributions to the reserve fund, an owner shall contribute to the reserve fund in the same proportion as specified in the declaration for contributions to the common expenses.

13        Section 34 is amended

(a) in clause (e), by striking out "clause 8(2)(i)" and substituting "clause 8(1.1)(i)"; and

(b) by adding the following after clause (g):

(h) prescribing matters to be certified by the corporation for the purpose of clause 14(1)(g).

Consequential amendments, C.C.S.M. c. R119

14(1)     The Residential Tenancies Act is amended by this section.

14(2)     The following is added after subsection 11(3):

Condominium Act declaration, by-laws and rules

11(4)     A landlord who is a landlord of a unit under The Condominium Act may enforce a provision of the declaration, by-laws or rules of the corporation referred to in that Act provided the landlord complies with subsection 56.1(1).

14(3)     The following is added after section 56:

Obligation re condominium documents

56.1(1)   Where the rental unit is a unit under The Condominium Act, the landlord shall give a copy of the declaration, by-laws and rules, if any, to the tenant

(a) at the time the tenant takes possession; and

(b) within 21 days after the landlord receives from the corporation under that Act, a copy of an amendment to the declaration or to a by-law or rule.

Exception

56.1(2)   Subsection (1) does not apply where the landlord is the owner of the condominium complex where the rental unit referred to in subsection (1) is located, and all the units in that condominium complex are intended to be rental units.

14(4)     Clause 96(1)(c) is repealed and the following is substituted:

(c) the tenant,

(i) other than a tenant referred to in subclause (ii), fails to comply, within a reasonable time after having received written notice to do so from the landlord, with a rule as required by subsection 11(2) and the observance of the rule is essential to the reasonable operation of the residential complex, or

(ii) who is a tenant in a unit under The Condominium Act, fails to comply, within a reasonable time after having received written notice to do so from the landlord, with the declaration, by-laws or rules under The Condominium Act.

Coming into force

15        This Act comes into force on a day fixed by proclamation.