C.C.S.M. c. C170
The Condominium Act
PART 1 | ||
INTERPRETATION AND APPLICATION | ||
1 | (1) | Definitions |
(2) | Reference to board | |
(3) | Reference to district registrar | |
(4) | Reference to proposed unit or property | |
(5) | Included reference | |
(6) | Reference to unit mortgagee entitled to notice | |
(7) | Interpretation — unit and its share in common elements | |
(8) | Definitions in Real Property Act apply | |
2 | Effect of reader's aid | |
3 | (1) | Act prevails |
(2) | Application | |
PART 2 | ||
CONDOMINIUM REGISTRATIONS | ||
4 | Overview | |
5 | Definitions | |
REGISTRATION | ||
6 | Condominium Register | |
7 | (1) | Registration limited to new system land |
(2) | Limitation | |
(3) | Reader's aid | |
8 | (1) | Who may register — fee simple |
(2) | Who may register — leasehold estate | |
9 | Place of registration | |
10 | Declaration, plan and initial by-law to be registered together | |
11 | (1) | Effect of registration |
(2) | No merger of leasehold and freehold interests | |
(3) | Non-application | |
(4) | Reader's aid | |
Declaration | ||
12 | (1) | Declaration must meet all requirements of this Act |
(2) | Declaration to be signed by owner in fee simple | |
(3) | Declaration — leasehold estate in land | |
(4) | Consent of holder of registered instrument | |
(5) | Consent to be given or withheld in good faith | |
(6) | Statutory declaration | |
13 | (1) | Content of declaration |
(2) | Additional content | |
(3) | Additional content — bare land units | |
(4) | Additional content — bare land units other than phasing units | |
(5) | Additional content — leasehold estate | |
(6) | Additional content — phased development | |
(7) | Additional provisions in declaration | |
14 | Act prevails over declaration | |
Plan | ||
15 | (1) | Content of plan |
(2) | Certificate of land surveyor | |
(3) | Certificate of architect | |
16 | Bare land unit plan requirements | |
17 | Certain plans must comply with section 117 of Real Property Act | |
18 | (1) | Plan must meet all requirements of this Act |
(2) | Plan requires approval of Examiner of Surveys | |
Initial By-law | ||
19 | (1) | Content of initial by-law |
(2) | Application of Part 8 provisions | |
Titles To Be Issued | ||
20 | (1) | Title in name of condominium corporation |
(2) | Title in name of unit owner | |
21 | (1) | Notice on title about phased development |
(2) | Notice to be removed | |
AMENDING A DECLARATION OR PLAN | ||
22 | No application to phasing amendment | |
23 | Amending a declaration or plan | |
24 | (1) | Amendment to declaration requires meeting, consent |
(2) | Meeting notice | |
(3) | Registration requires consent or court order | |
(4) | Statutory declaration required | |
(5) | Consent of property lessor | |
(6) | Amendment requires approval of Examiner of Surveys | |
(7) | Reader's aid | |
25 | (1) | Minor amendments |
(2) | Registration of minor amendment | |
(3) | Change of address | |
(4) | Unit owners and mortgagees to be given copy of amendment | |
PROTECTIONS FOR TENANTS OF EXISTING TENURED RENTAL UNITS | ||
26 | (1) | Application |
(2) | Limitation | |
27 | Rights and duties not affected by registration | |
28 | (1) | Notice of proposed registration |
(2) | Content of notice | |
(3) | Notice to prospective tenant of proposed registration | |
(4) | Statutory declaration — condominium conversions | |
(5) | Additional requirement — condominium conversions | |
(6) | Limited application | |
29 | (1) | Notice of registration of declaration |
(2) | Time for giving notice to holder of right of first refusal | |
30 | (1) | Tenant's right to continue in occupancy |
(2) | Occupancy right of holder of right of first refusal | |
(3) | Limitation | |
(4) | Right may not be assigned | |
(5) | Meaning of "continuous occupancy" | |
31 | (1) | Restriction on sale of proposed unit |
(2) | Restriction on sale of unit | |
(3) | Time for acceptance of offer | |
PART 3 | ||
GENERAL PROPERTY MATTERS | ||
32 | Ownership of land includes space | |
33 | (1) | Type of real property |
(2) | Dealing with units and shares in common elements | |
(3) | Further subdivision of unit | |
34 | Ownership and use of owner's unit | |
35 | Ownership of common elements | |
36 | (1) | No separation |
(2) | Instrument of separation void | |
37 | No division of common elements | |
38 | Reference to unit includes interest in common elements | |
39 | Bare land unit boundaries | |
40 | Right to reasonable use of common elements | |
41 | (1) | Easements — units |
(2) | Easements — common elements | |
(3) | Ancillary rights | |
(4) | Benefit restricted for owners of bare land units | |
(5) | Reader's aid | |
42 | (1) | Definition |
(2) | Unit owner entitled to discharge of encumbrance | |
(3) | Determining amount to be paid | |
(4) | Discharge | |
43 | Assessed value | |
44 | Unit owners share in common assets | |
PART 4 | ||
SALES OF UNITS | ||
45 | Overview | |
46 | Application of Part | |
47 | (1) | Definitions |
(2) | Interpretation — "material change" | |
SALE OF UNIT | ||
48 | Multiple buyers | |
49 | (1) | Declarant to prepare financial projections statement |
(2) | Content of financial projections statement | |
50 | (1) | Reserve fund study required — condominium conversion |
(2) | Reserve fund study required — delayed sale of unit | |
(3) | Non-application | |
(4) | Cost of reserve fund study | |
(5) | Reader's aid | |
Disclosure to Buyer | ||
51 | (1) | Disclosure to buyer — sale of proposed unit |
(2) | Disclosure to buyer — sale of unit after registration | |
(3) | Disclosure to subsequent buyer | |
(4) | Table of contents | |
(5) | Compliance with this section | |
52 | (1) | Seller to disclose material change |
(2) | Court may award damages for non-disclosure of material change | |
53 | (1) | Condominium corporation to provide documents to seller |
(2) | Condominium corporation to provide additional documents | |
(3) | Condominium corporation may charge fees | |
Buyer's Cancellation Rights | ||
54 | (1) | Right to cancel within cooling-off period |
(2) | Right to cancel because of material change | |
(3) | Limitation | |
(4) | Time period not extended for holidays | |
(5) | How to cancel | |
(6) | Adequacy of wording | |
(7) | Statement about material change | |
(8) | Effect of cancellation notice | |
55 | Seller may apply for court order | |
56 | (1) | Refund after cancellation |
(2) | Time for payment | |
Registration of Transfer | ||
57 | (1) | Registration requirements |
(2) | Other evidence | |
Seller's Additional Obligations on Sale of Proposed Unit | ||
58 | (1) | Covenants by declarant or owner-developer |
(2) | No merger of covenants | |
59 | (1) | Definition |
(2) | No right to terminate | |
(3) | Application to court for termination of agreements | |
(4) | Considerations | |
(5) | Court order | |
(6) | Additional order | |
(7) | Registration of order | |
Interim Occupancy of Proposed Unit | ||
60 | (1) | Definitions |
(2) | Contribution to reserve fund during interim occupancy | |
(3) | Exception | |
(4) | Right to cancel not affected | |
(5) | Seller's rights and obligations | |
(6) | Non-application of Residential Tenancies Act | |
STATUS CERTIFICATE | ||
61 | (1) | |
(2) | Effect of status certificate | |
PART 5 | ||
THE DECLARANT AND THE DECLARANT'S BOARD | ||
62 | Overview | |
THE DECLARANT | ||
63 | (1) | Application of Act to declarant's successor |
(2) | Meaning of "successor in title" | |
64 | (1) | Proposed rules |
(2) | Effect of registration | |
(3) | Content of initial rules | |
(4) | Application of Part 8 provisions | |
65 | (1) | Declarant accountable for budget deficit |
(2) | Condominium corporation to prepare financial statement | |
(3) | Condominium corporation to notify declarant, unit owners | |
(4) | Declarant, unit owners may request audit | |
(5) | Cost is common expense | |
(6) | Time for payment | |
(7) | Declarant does not pay required amount | |
THE DECLARANT'S BOARD | ||
66 | (1) | Appointment of directors by declarant |
(2) | Reader's aid | |
67 | Membership — declarant's board | |
68 | (1) | Removing and replacing appointed directors |
(2) | Term of office — appointed directors | |
69 | (1) | Electing two directors to the declarant's board |
(2) | More directors than declaration provides | |
70 | (1) | Term of office — elected directors |
(2) | Removing elected directors | |
71 | Conduct of business by declarant's board before directors elected | |
First General Meeting | ||
72 | (1) | First general meeting of unit owners |
(2) | Non-application | |
(3) | When first general meeting not required | |
(4) | Meeting may not be waived | |
(5) | Reader's aid | |
73 | (1) | Appointing an auditor |
(2) | Board to act if unit owners do not | |
(3) | Report | |
(4) | Term of appointment | |
(5) | Revoking the appointment | |
(6) | Application | |
(7) | Exception | |
Special General Meeting | ||
74 | (1) | Special general meeting requested by unit owner before turn-over meeting |
(2) | Non-application | |
Turn-over Meeting | ||
75 | (1) | Purpose of turn-over meeting |
(2) | Turn-over meeting | |
(3) | Unit owner, mortgagee may act if board does not | |
(4) | Holding the turn-over meeting | |
(5) | Reimbursing costs | |
76 | (1) | Election of directors at turn-over meeting |
(2) | Term of office | |
(3) | Reader's aid | |
77 | (1) | Documents and items to be turned over |
(2) | Costs borne by declarant | |
78 | (1) | Construction and other documents to be turned over |
(2) | Costs borne by declarant | |
(3) | Cost of certain reserve fund studies | |
79 | Financial statements to be turned over | |
80 | (1) | Declarant does not comply |
(2) | Court order | |
Terminating Agreements After the Turn-over Meeting | ||
81 | (1) | Terminating property management agreements |
(2) | Written notice | |
(3) | Return of records, etc. | |
82 | (1) | Terminating other agreements |
(2) | Application | |
(3) | Written notice | |
(4) | Exception — easements | |
(5) | Non-application | |
83 | (1) | Terminating mutual use agreements |
(2) | Application | |
(3) | Court order | |
PART 6 | ||
THE CONDOMINIUM CORPORATION | ||
84 | (1) | Overview |
(2) | Reader's aid | |
MANDATE, DUTIES AND POWERS | ||
85 | (1) | Mandate |
(2) | Duty | |
(3) | Capacity and powers | |
86 | (1) | Governing a condominium corporation |
(2) | Limited application of Corporations Act | |
87 | Authority to enter into agreements | |
88 | (1) | Dealing with real and personal property |
(2) | Consent required to deal with real property | |
(3) | Unit owned by condominium corporation | |
89 | (1) | Dealing with common elements, easements |
(2) | Binding on each unit owner | |
(3) | Validity of easement | |
(4) | Effect of easement granted to condominium corporation | |
90 | (1) | Right to enter limited |
(2) | Notice requirements for entry | |
(3) | Alternative time may be proposed | |
91 | (1) | Condominium corporation may sue |
(2) | Notice to unit owners | |
(3) | Costs | |
(4) | Judgment is common asset | |
92 | (1) | Condominium corporation may be sued |
(2) | Judgment against condominium corporation | |
93 | Occupier's liability | |
DIRECTORS AND OFFICERS | ||
The Board, Directors and Officers | ||
94 | (1) | Duty of board |
(2) | Duty of directors and officers | |
95 | Board elected by unit owners | |
96 | (1) | Eligibility |
(2) | Non-application | |
97 | (1) | Unit owned by more than one person |
(2) | Unit owned by corporation | |
(3) | More than one unit owned by corporation | |
(4) | Non-application | |
98 | Officers | |
99 | Validity of acts | |
100 | (1) | Conducting business |
(2) | Quorum | |
101 | (1) | Removal and replacement |
(2) | Non-application | |
102 | (1) | Vacancy |
(2) | Replacement made by the directors | |
(3) | Unit owners may elect replacement or decrease number of directors | |
(4) | Replacement's term of office | |
(5) | Vacancy results in loss of quorum | |
(6) | Unit owner or mortgagee may call meeting | |
(7) | Reimbursing costs | |
Meetings of the Board | ||
103 | (1) | Meeting by teleconference |
(2) | Present in person | |
Disclosing Conflict of Interest | ||
104 | Meaning of "agreement or transaction" | |
105 | (1) | Disclosure of interest by director |
(2) | Exception | |
(3) | Director sells property to condominium corporation | |
(4) | Director has indirect interest in sale | |
(5) | Time of disclosure | |
(6) | Entry in minutes | |
(7) | Director not to be present | |
(8) | Director not to vote | |
106 | (1) | Consequences of failing to disclose |
(2) | Confirmation of agreement or transaction by owners | |
107 | (1) | Disclosure of interest by officer |
(2) | Application to officer | |
Reliance and Indemnification | ||
108 | Reliance on statements and reports | |
109 | (1) | Indemnification |
(2) | No indemnification for breach of duty | |
(3) | Reader's aid | |
MEETINGS | ||
Annual General Meetings | ||
110 | (1) | Annual general meeting |
(2) | Waiver of annual general meeting | |
(3) | Reader's aid | |
111 | (1) | Election of directors at annual general meeting |
(2) | By-laws may provide for longer terms | |
(3) | Exception | |
112 | (1) | Right to raise matters for discussion |
(2) | Reader's aid | |
Special General Meetings | ||
113 | (1) | Special general meeting called by board |
(2) | Special general meeting need not be called by board | |
(3) | Validity and effectiveness of resolution | |
114 | (1) | Special general meeting requested by unit owners |
(2) | Reader's aid | |
(3) | Information to be included in meeting request | |
115 | (1) | Board receives request for special general meeting |
(2) | Board does not comply | |
(3) | Reimbursing costs | |
Notice of Meetings | ||
116 | (1) | Required content for meeting notice |
(2) | Minimum time period for giving notice of meetings | |
(3) | By-laws may specify time period | |
(4) | Notice to be given to unit owners and mortgagees | |
(5) | Waiving right to object | |
(6) | Reader's aid | |
Quorum and Attendance at Meetings | ||
117 | (1) | Quorum |
(2) | Determining quorum | |
118 | (1) | Adjournment |
(2) | Condominium corporation must notify voters about adjournment | |
(3) | Quorum at next meeting | |
119 | (1) | Attendance by teleconference |
(2) | Present in person | |
VOTING AND GIVING AND WITHHOLDING CONSENT | ||
120 | Method of voting | |
121 | Request for recorded vote | |
122 | Majority voting | |
123 | Vote must take place at properly called meeting | |
124 | (1) | Voting only on matters on notice |
(2) | Exception | |
125 | Voting rights in condominium corporation | |
126 | (1) | Voting, giving or withholding consent by unit mortgagee |
(2) | More than one unit mortgagee | |
(3) | Voting by unit owner | |
127 | (1) | Voting right to be ignored |
(2) | Limit to by-law | |
128 | (1) | Proxy |
(2) | Requirement for signed document | |
(3) | Requirements of proxy document | |
(4) | Effect of proxy | |
(5) | Limit on who may be a proxy | |
129 | (1) | Authorization to consent |
(2) | Requirement for signed document | |
(3) | Document granting authorization to give consent | |
(4) | Limit on who may be authorized | |
130 | Consent when title transferred | |
RECORDS | ||
131 | (1) | Condominium corporation must keep records |
(2) | Maintaining records | |
(3) | Change in address | |
132 | (1) | Condominium corporation must provide copies |
(2) | Exception | |
OTHER MATTERS | ||
133 | (1) | Condominium corporation must provide information |
(2) | Change of address | |
(3) | Reader's aid | |
134 | (1) | Property management agreements |
(2) | Change of address for service | |
(3) | Reader's aid | |
135 | (1) | Prohibition — pets |
(2) | Application to pets kept by tenants | |
136 | (1) | All units in property owned by same person |
(2) | Additional rules may be prescribed | |
PART 7 | ||
CONDOMINIUM CORPORATION FINANCIAL MATTERS | ||
137 | Overview | |
COMMON EXPENSES | ||
138 | (1) | Paying common expenses |
(2) | Common expenses fund | |
(3) | Fund is common asset | |
139 | (1) | Assessing and collecting contributions to common expenses |
(2) | Contribution to common expenses | |
(3) | Common expenses may be different | |
140 | (1) | Credited to common expenses fund |
(2) | Restricted use of common expenses fund | |
141 | (1) | Unit owners must contribute |
(2) | When contributions payable | |
(3) | Unit owner not exempt from obligation to contribute | |
(4) | Unit owner not required to contribute in certain circumstances | |
(5) | Contributions to common expenses by declarant | |
142 | (1) | Board may authorize special assessment |
(2) | Details of assessment | |
(3) | Apportionment of special assessment | |
(4) | Notice of special assessment | |
RESERVE FUND | ||
143 | (1) | Reserve fund |
(2) | Interpretation — repairs and replacement | |
(3) | Use of reserve fund limited | |
(4) | Exception | |
(5) | Unit owners' consent not required | |
(6) | Payment into the fund | |
(7) | Reserve fund not to be distributed | |
(8) | No return of contributions on sale of unit | |
(9) | Reserve fund is common asset | |
144 | (1) | Total annual contribution to be specified in budget |
(2) | Reserve fund balance recommendation | |
(3) | Condominium corporation must report to unit owners | |
145 | (1) | Unit owners must contribute |
(2) | Contributions to reserve fund by declarant | |
146 | Unit owner not exempt from obligation to contribute | |
147 | (1) | Investment — reserve fund account |
(2) | Interest forms part of fund | |
148 | (1) | Reserve fund study |
(2) | Purpose of study | |
(3) | Update | |
(4) | Cost of reserve fund study | |
(5) | Non-application | |
BUDGET AND FINANCIAL STATEMENTS | ||
149 | (1) | Board to notify unit owners — change in contributions to common expenses |
(2) | Unit mortgagee may request notice, copy of budget | |
150 | (1) | Contents of financial statements |
(2) | Financial statements to be made available to unit owners | |
HANDLING MONEY | ||
151 | (1) | Condominium corporation's accounts |
(2) | Designated reserve fund account | |
(3) | Definition | |
152 | (1) | Investment — general account |
(2) | Reader's aid | |
153 | (1) | Money held in trust |
(2) | Money deposited in general account | |
154 | (1) | Records |
(2) | Board may access records | |
(3) | Examination by others | |
155 | (1) | Common surplus |
(2) | Definition | |
THE AUDITOR | ||
156 | (1) | Appointing an auditor |
(2) | Who may not be an auditor | |
(3) | Term of appointment | |
(4) | Exception | |
(5) | Reader's aid | |
157 | (1) | Auditor unable to complete term |
(2) | Term of replacement | |
(3) | Board to act if unit owners do not | |
158 | No interest in agreement or transaction allowed | |
159 | Auditor's report | |
160 | (1) | Right of access |
(2) | Person must comply with request | |
161 | (1) | Notice of meetings |
(2) | Right to attend meeting | |
LIENS | ||
162 | (1) | Lien upon default |
(2) | Lien expires unless registered | |
(3) | Amounts covered by registered lien | |
(4) | Unit owner to be notified before registration | |
(5) | Exception | |
(6) | Enforcing lien | |
163 | (1) | Discharging lien |
(2) | Paying to discharge lien | |
164 | (1) | Lien priority |
(2) | Notice — lien to encumbrancers | |
(3) | Effect of no notice | |
(4) | Priority if notice is late | |
(5) | Definition | |
UNIT MORTGAGEES | ||
165 | Unit mortgagee's rights | |
166 | Statement of common expenses, reserve fund | |
PART 8 | ||
CONDOMINIUM CORPORATION BY-LAWS AND RULES | ||
BY-LAWS | ||
167 | (1) | Power to make by-laws |
(2) | By-laws to be reasonable and consistent with Act, declaration | |
(3) | Additional by-law power for certain condominium corporations | |
168 | (1) | When by-law effective |
(2) | Registration with district registrar | |
(3) | Copy of by-laws to unit owners | |
RULES | ||
169 | (1) | Power to make rules |
(2) | Rules to be reasonable and consistent with Act, etc. | |
(3) | What is a reasonable rule? | |
170 | (1) | Notice |
(2) | Content of notice | |
(3) | When rule effective | |
(4) | Amendments by unit owners | |
PART 9 | ||
CHANGES TO COMMON ELEMENTS AND COMMON ASSETS AND THE MAINTENANCE AND REPAIR OF UNITS AND COMMON ELEMENTS | ||
171 | Overview | |
172 | (1) | Definitions |
(2) | Substantial change | |
CHANGES MADE BY CONDOMINIUM CORPORATION | ||
173 | Non-application | |
174 | Cost of change is common expense | |
175 | (1) | Changes made without notice, approval |
(2) | Notice required for all other changes | |
176 | (1) | Approval required for substantial change |
(2) | Approval required for non-substantial change if meeting requested | |
177 | (1) | Unit owner dissents to substantial change |
(2) | Arbitration Act applies | |
CHANGES TO COMMON ELEMENTS MADE BY UNIT OWNERS | ||
178 | (1) | Unit owner may change common elements |
(2) | Notice to unit owners | |
179 | (1) | Change agreement submitted to district registrar |
(2) | When change agreement effective | |
(3) | Registered agreement binds unit owner | |
(4) | Unit owner's failure to comply with agreement | |
(5) | Discharge | |
MAINTENANCE | ||
180 | (1) | Condominium corporation's duty to maintain |
(2) | Unit owner's duty to maintain | |
(3) | Extent of duty | |
(4) | Declaration may vary duties | |
181 | (1) | Unit owner's failure to perform duty |
(2) | Unit owner to be given opportunity to comply | |
(3) | Deemed consent of unit owner | |
(4) | Recovery of costs | |
REPAIR AFTER DAMAGE | ||
182 | (1) | Condominium corporation's duty to repair after damage |
(2) | Extent of duty | |
(3) | Unit owner's duty to repair after damage | |
(4) | Declaration may vary duty | |
(5) | Determining what an improvement to a unit is | |
(6) | Standard unit | |
(7) | Exception | |
183 | (1) | Unit owner's failure to perform duty |
(2) | Unit owner to be given opportunity to comply | |
(3) | Deemed consent of unit owner | |
(4) | Recovery of costs | |
184 | (1) | Board must determine whether substantial damage has occurred |
(2) | Substantial damage | |
(3) | Repairs required if damage is non-substantial | |
(4) | Notice of substantial damage | |
(5) | Content of notice | |
(6) | Consent of unit owners required | |
(7) | Repairs required if property not withdrawn | |
(8) | Exception | |
PART 10 | ||
INSURANCE AND WARRANTIES | ||
INSURANCE | ||
Property Insurance | ||
185 | (1) | Property insurance |
(2) | Meaning of "major perils" | |
(3) | Amount of coverage | |
(4) | Deductible limit clause | |
(5) | Insurable interest | |
(6) | Improvements not included | |
(7) | Determining what improvement is | |
(8) | Breach of policy | |
(9) | Appraisal required | |
(10) | Property insurance for bare land units | |
186 | Named insureds | |
Liability Insurance | ||
187 | (1) | Liability insurance |
(2) | Directors' and officers' liability insurance | |
(3) | Amount of coverage | |
(4) | Additional insureds | |
(5) | Insurable interest | |
Other Insurance Matters | ||
188 | (1) | Primary or first loss, excess insurance |
(2) | Application | |
189 | Waiver of subrogation | |
190 | Insurance certificate to be provided | |
191 | Disclosure by insurer | |
192 | (1) | Cancellation or non-renewal of insurance |
(2) | Notifying unit owners about cancelled insurance | |
193 | (1) | Portion of loss excluded from coverage is common expense |
(2) | Unit owner's responsibility | |
(3) | Unit owner's insurable interest | |
194 | No restriction on capacity to insure | |
195 | Annual review and report on insurance | |
196 | Act prevails | |
Insurance Obtained by Unit Owner | ||
197 | Property insurance | |
198 | Liability insurance | |
WARRANTIES | ||
199 | (1) | Warranty — unit |
(2) | Condominium corporation may enforce warranty | |
200 | (1) | Warranty — common elements |
(2) | Obligation of board | |
PART 11 | ||
RESIDENTIAL TENANCY AGREEMENTS AND COMMERCIAL LEASES | ||
RESIDENTIAL TENANCIES | ||
201 | Reference to unit owner, tenant | |
202 | (1) | Notifying condominium corporation about tenancy agreement |
(1.1) | Notice — sub-tenant, assignee | |
(2) | Terminating a tenancy agreement | |
203 | (1) | Tenants' right of access to by-laws and rules |
(2) | Reader's aid | |
204 | (1) | Tenant's rent may be redirected |
(2) | Application | |
(3) | Notice to unit owner | |
(4) | Payment required even if unit is encumbered | |
(5) | Payment made is payment toward rent | |
(6) | Receipt required | |
205 | (1) | Written notice — contravention by tenant |
(2) | Content of written notice | |
(3) | Copy of notice to unit owner | |
(4) | Failure to remedy contravention | |
(5) | Notice may be in any form | |
(6) | Content of notice | |
(7) | Copy of notice of termination given to unit owner | |
(8) | Length of notice | |
(9) | Early termination for cause | |
(10) | Notice to remedy not required | |
(11) | Application of Residential Tenancies Act | |
(12) | Reader's aid | |
206 | Giving notice or other document to tenant | |
207 | (1) | Landlord and tenant relationship |
(2) | Reader's aid | |
COMMERCIAL LEASES | ||
208 | Reference to unit owner, commercial lessee | |
209 | (1) | Notifying condominium corporation about commercial lease |
(1.1) | Notice — sub-tenant, assignee | |
(2) | Terminating a commercial lease | |
210 | (1) | Commercial lessee's rent may be redirected |
(2) | Application | |
(3) | Notice to unit owner | |
(4) | Payment required even if unit is encumbered | |
(5) | Payment made is payment toward rent | |
(6) | Receipt required | |
OTHER MATTERS | ||
211 | (1) | Levy may be imposed |
(2) | Levy amount | |
(3) | Unit owner must remit levy | |
(4) | Restricted use of levy | |
(5) | Unit owner entitled to refund | |
212 | Condominium corporation must not prohibit renting | |
PART 12 | ||
COMPLIANCE AND DISPUTE RESOLUTION | ||
COMPLIANCE | ||
213 | (1) | Obligation to comply with Act, etc. |
(2) | Right to require compliance | |
(3) | Condominium corporation's responsibility for compliance by others | |
(4) | Performance of condominium corporation's duty | |
(5) | Unit owner's responsibility for compliance by others | |
(6) | Unit owner to give certain documents to tenants | |
(7) | Occupant's responsibility for compliance by others | |
(8) | Reader's aid | |
214 | Compliance before registration of declaration | |
215 | (1) | Condominium corporation may remedy contravention |
(2) | Written notice required to be given | |
(3) | Deemed consent of unit owner | |
(4) | Cost of work to be added to unit owner's contribution | |
216 | (1) | Denying use of recreational facility |
(2) | Written notice required | |
(3) | Person may request opportunity to be heard | |
217 | (1) | Application to proposed unit |
(2) | Reader's aid | |
218 | (1) | Unit owner may be fined |
(2) | By-law — amount of fine | |
(3) | By-law may set out additional requirements | |
(4) | Maximum amount, times and frequency set out in regulations | |
(5) | Fine must be reasonable | |
(6) | Written notice must be given | |
(7) | Written decision must be given to the unit owner | |
(8) | Right to appeal decision to impose fine | |
(9) | Power to delegate | |
(10) | Regulations about appeals | |
(11) | Powers of inquiry | |
(12) | Board's findings are not binding | |
(13) | Dispute resolution | |
(14) | Power to make decisions | |
(15) | Decision is final | |
(16) | Fine for continuing contravention may not be imposed | |
(17) | Failure to pay fine | |
219 | (1) | Matter involves director |
(2) | Exception | |
MEDIATION AND ARBITRATION | ||
220 | Dispute resolution by mediation or arbitration | |
221 | (1) | Mediation by agreement |
(2) | Selecting a mediator | |
(3) | Role of mediator | |
(4) | Record of settlement | |
(5) | Information is confidential | |
(6) | Sharing mediation fees and expenses | |
(7) | Other legal remedies available | |
222 | (1) | Arbitration |
(2) | Selecting an arbitrator | |
(3) | Arbitration Act applies | |
(4) | Sharing arbitration fees and expenses | |
(5) | Other legal remedies | |
COURT ORDERS | ||
223 | (1) | Order — compliance or contravention |
(2) | Contents of orders | |
(3) | Content of order — administrator | |
(4) | Powers of administrator | |
(5) | Condominium corporation to pay for administrator | |
(6) | Award to be added to common expenses | |
(7) | Award to be set off against common expenses | |
224 | Declaratory order | |
225 | (1) | Order — improper conduct |
(2) | Meaning of "improper conduct" | |
(3) | Contents of orders | |
226 | (1) | Order — investigator |
(2) | Contents of order | |
(3) | Report summary to be given to unit owners | |
(4) | Powers of investigator | |
227 | Variation | |
228 | Other remedies | |
PART 13 | ||
PHASING AMENDMENTS | ||
229 | Overview | |
230 | (1) | Definition |
(2) | Interpretation — implementation or completion of phase | |
(3) | Interpretation — material difference | |
231 | (1) | Consent of existing owners to phasing amendment |
(2) | Consent not required — phase implemented as described in declaration | |
(3) | Consent not required — registration with court approval | |
(4) | Unit owner's consent may be given or negated by mortgagee | |
232 | (1) | Additional consent required for amendment to create new phase |
(2) | Consent not required — registration with court approval | |
(3) | Additional consent of property lessor required | |
233 | (1) | Content of amendment — creating a proposed phase |
(2) | Content of amendment — implementing a phase | |
(3) | Transitional — phasing amendment for existing development | |
234 | Restriction — no change to shares in common elements without consent | |
235 | (1) | Notice of proposed phasing amendment |
(2) | Condominium corporation may give notice | |
(3) | District registrar to register notice on title | |
236 | (1) | Condominium corporation's response to proposed amendment |
(2) | Condominium corporation must act reasonably | |
237 | (1) | Overview |
(2) | Statutory declaration | |
(3) | Registration requirements — amendment to create proposed phase | |
(4) | Registration requirement — amendment to amend description of proposed phase | |
(5) | Registration requirements — implementation of phase | |
238 | (1) | Application to court |
(2) | Time for making application | |
(3) | Notice of application | |
(4) | Court order | |
239 | Effect of registration — implementation of phase | |
240 | Removal of notice on title after registration | |
FAILURE TO COMPLETE PHASE | ||
241 | (1) | Notice of amendment to cancel proposed phase or extend time for completion |
(2) | District registrar to register notice on title | |
242 | (1) | Application to court |
(2) | Notice of application | |
(3) | Application by others | |
(4) | Court order | |
(5) | Grounds for order to remove unit | |
(6) | Additional order — removal of unit | |
(7) | Effect of order to remove unit | |
(8) | Vesting of interest in increased share in common elements | |
(9) | Effect of increased share in common elements on registered instrument | |
243 | Condominium corporation may act on owner-developer's behalf | |
244 | (1) | Registration of amendment |
(2) | Registration requirements | |
(3) | Statutory declaration | |
(4) | Removal of notice after registration | |
OTHER MATTERS | ||
245 | Non-application | |
246 | (1) | Duty of owner-developer |
(2) | Costs borne by owner-developer | |
PART 14 | ||
AMALGAMATION | ||
247 | Overview | |
248 | Definitions | |
249 | Non-application | |
250 | (1) | Amalgamation permitted |
(2) | Proposal to amalgamate | |
251 | (1) | Meeting of unit owners to consider proposal |
(2) | Meetings may be held jointly | |
(3) | Content of notice | |
252 | Notice to prospective unit owners | |
253 | Approval of unit owners required | |
254 | (1) | Documents to be filed for registration |
(2) | Additional requirements | |
(3) | Plan | |
255 | (1) | Effect of declaration's registration |
(2) | First directors | |
256 | Notice of amalgamation | |
PART 15 | ||
WITHDRAWAL | ||
257 | Overview | |
258 | How property may be withdrawn | |
WITHDRAWAL OF ENTIRE PROPERTY WITH CONSENT | ||
259 | (1) | Withdrawal — unit owners' consent |
(2) | Notice of withdrawal | |
(3) | Consent of property lessor | |
260 | (1) | Withdrawal — substantial damage |
(2) | Notice of withdrawal | |
261 | Effect of registration | |
WITHDRAWAL TO EFFECT SALE | ||
262 | (1) | Withdrawal — sale of entire property or part of common elements |
(2) | Consent to be given or withheld in good faith | |
(3) | Notice of withdrawal | |
(4) | Consent to amendments | |
263 | Effect of registration | |
264 | (1) | Share of sale proceeds |
(2) | Exception — sale of exclusive use common elements | |
(3) | Exception — sale of property including bare land unit | |
265 | (1) | Determination of value by arbitration |
(2) | Arbitration Act applies | |
(3) | Entitlement to amount | |
(4) | Insufficient proceeds | |
WITHDRAWAL RESULTING FROM EXPROPRIATION | ||
266 | Effect of expropriation | |
267 | (1) | Share of expropriation proceeds |
(2) | Exception — expropriation of exclusive use common elements | |
(3) | Exception — expropriation of unit or part of unit | |
(4) | Exception — expropriation of property including bare land unit | |
WITHDRAWAL BY COURT ORDER | ||
268 | (1) | Withdrawal — court order |
(2) | Grounds for order | |
(3) | Content of order | |
(4) | Content of order — withdrawal of part of property | |
(5) | Variation | |
(6) | Registration of order | |
(7) | Effect of registration | |
(8) | Effect of increased share in common elements | |
ADDITIONAL ACTIONS REQUIRED | ||
269 | Action by district registrar on withdrawal | |
270 | Common assets to be distributed | |
PART 16 | ||
LEASEHOLD PROPERTY | ||
271 | Overview | |
272 | Definitions | |
273 | Application of Residential Tenancies Act | |
274 | Consent of property lessor not required to deal with unit | |
275 | No transfer of part of leasehold estate | |
276 | Leasehold condominium corporation's responsibilities under property lease | |
277 | Mediation of dispute | |
RENEWAL OF PROPERTY LEASE | ||
278 | (1) | Renewal of property lease |
(2) | Minimum term of renewal | |
279 | (1) | Notice about renewal |
(2) | Copy of notice to unit owners | |
(3) | Unit owners to be notified of failure | |
280 | Statutory right of renewal | |
281 | (1) | Unit owners to consider property lease renewal |
(2) | Renewal requires consent of unit owners | |
(3) | Renewal and notice | |
(4) | Notice of non-renewal | |
TERMINATION OR EXPIRY OF PROPERTY LEASE | ||
282 | (1) | No termination except by or under court order |
(2) | Application to court | |
(3) | Court order | |
(4) | Registration of order with district registrar | |
(5) | Registration of notice of termination with district registrar | |
283 | (1) | Effect of termination or expiry of property lease |
(2) | Court order prevails | |
284 | Common assets to be distributed | |
PART 17 | ||
GENERAL | ||
285 | (1) | Giving notices and other documents |
(2) | Notice to be addressed | |
(3) | Person deemed to be required recipient | |
(4) | Giving notice to condominium corporation | |
(5) | When notice mailed | |
(6) | When notice sent by fax or electronically | |
(7) | Actual notice sufficient | |
(8) | District registrar may direct otherwise | |
(9) | Non-application | |
286 | (1) | Request for names and addresses of unit owners, mortgagees |
(2) | Condominium corporation must comply with request | |
287 | (1) | False, misleading statements |
(2) | Right of action | |
288 | Dangerous activities | |
289 | (1) | Offence and penalty — condominium corporation, other persons |
(2) | Offence and penalty — declarant | |
(3) | Offence and penalty — owner-developer | |
(4) | Fine amounts | |
(5) | Offence and penalty — director or officer | |
(6) | Compliance order | |
290 | Time limit for prosecution | |
291 | Court order dispensing with consent | |
292 | (1) | Person who may vote, consent or execute document on another's behalf |
(2) | Court order | |
PART 18 | ||
REGULATIONS | ||
293 | (1) | Regulations |
(2) | Application of regulations | |
(3) | Incorporation by reference | |
PART 19 | ||
TRANSITIONAL PROVISIONS | ||
294 | Definition of "former Act" | |
295 | Declaration and plan deemed to be registered | |
296 | Corporations continued | |
297 | Sales of units | |
298 | Election of two directors to board | |
299 | (1) | Terminating certain property management agreements |
(2) | Expiry | |
300 | Judgment against condominium corporation | |
301 | Liens continued | |
302 | Regulations | |
PART 20 | ||
RELATED AND CONSEQUENTIAL AMENDMENTS | ||
303 to 308 | ||
PART 21 | ||
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
309 | Repeal | |
310 | C.C.S.M. reference | |
311 | Coming into force |