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The Condominium Act

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