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C.C.S.M. c. C170

The Condominium Act

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1 Definitions
2(1) Meaning of other expressions
(2) Ownership of space
(3) Boundaries of bare land units
3 Objects
4(1) New system land only
(2) Who may register declaration
(2.1) Limitation — registration of declaration and plan
(2.2) Additional requirement — condominium conversion
(2.3) Limited application
(3) Effect of registration
(4) Notice on title about phased development
(5) Notice to be removed
5(1) Contents of declaration
(1.1) Statutory declarations to accompany declaration
(1.2) Declaration — condominium conversion
(2) Application
(2.1) Limitation
(2.2) Rights and duties not affected by registration
(2.3) Notice of proposed registration
(2.4) Content of notice
(2.5) Notice to prospective tenant of proposed registration
(2.6) Notice of registration of declaration
(2.7) Time for giving notice to holder of first refusal
(2.8) Tenant's right to continue in occupancy
(2.9) Occupancy right of holder of a right of first refusal
(2.10) Limitation
(2.11) Right may not be assigned
(2.12) Meaning of "continuous occupancy"
(2.13) Restriction on sale of unit before declaration is registered
(2.14) Restriction on sale of unit after declaration is registered
(2.15) Time for acceptance of offer
(2.16) Giving notice to tenant
(3) Further contents of declaration
(3.1) Additional contents in declaration for phased development
(3.2) Transitional — phasing amendment for existing phased development
(4) Limitation on certain provisions
(5) Exception re elderly persons
(5.1) Restrictions on leases of units
(6) Amendment of declaration
(7) Registration of amendment
(8) Dispensing with consent
5.1(1) Other consent requirements do not apply to phasing amendments
(2) Consent of existing owners to phasing amendment
(3) Consent not required — phase implemented as described in declaration
(4) Consent not required — registration with court approval
(5) Owner's consent may be provided or negated by mortgagee
(6) Consent on owner's behalf void if given by owner-developer
(7) Additional consent required for amendment to create new phase
(8) Interpretation — implementation or completion of phase
(9) Deemed not to be material difference
5.2(1) Content of amendment — implementing a phase
(2) Content of amendment — creating a proposed phase
5.3 Restriction — no change to shares in common interests without consent
5.4(1) Notice of proposed phasing amendment
(2) Corporation may give notice
(3) District registrar to register notice on title
5.5(1) Corporation's response to proposed amendment
(2) Corporation must act reasonably
5.6(1) Overview
(2) Registration requirements — implementation of proposed phase
(3) Registration requirements — amendment to create or amend proposed phase
(4) Additional requirement — amendment to create new phase
5.7(1) Application to court
(2) Time for making application
(3) Notice of application
(4) Court order
5.8 Effect of registration — implementation of phase
5.9 Removal of notice on title after registration
5.10(1) Notice of amendment to cancel proposed phase or extend time for completion
(2) District registrar to register notice on title
5.11(1) Application to court
(2) Notice of application
(3) Application by others
(4) Court order
(5) Content of order to remove unit
5.12 Corporation may act on owner-developer's behalf
5.13(1) Registration of amendment
(2) Registration requirements
(3) Removal of notice after registration
5.14(1) Giving notice to owners and mortgagees
(2) Giving notice to the corporation
(3) Notice deemed to be given
(4) District registrar may permit other manner of notice
(5) Actual notice sufficient
(6) Owner-developer may request names and addresses of owners and mortgagees
(7) Corporation must comply with request
5.15 Phasing provisions prevail
5.16 Notice and consent not required if only one owner
6(1) Contents of plan
(2) Approval of plan
(3) Amendment of plan
(4) Registration of amendment
(5) Approval for bare land units
(6) Approval for other plans
(7) Application of subsection (1)
7(1) Nature of units and common interests
(2) Ownership of units
(3) Dangerous activities
(4) Right to enter
8(1) Cooling-off period
(1.0.1) Giving notice of cancellation
(1.0.2) No transfer until end of cooling-off period
(1.0.3) Declaration from purchaser
(1.1) Information to be received by purchaser
(1.2) Computation of 48 hours
(1.3) Return of deposit
(1.4) Reserve fund study
(2) Ownership of common elements
(3) Use of common elements
(4) Ownership not to be separated
(5) No partition
(6) Encumbrances not enforceable
(7) Saving
(8) "Encumbrance" in subsections (9) and (10)
(9) Discharge
(10) Discharge on demand
(11) Assessment for taxation
(12) Where corporation deemed to be occupier
9(1) Easements appurtenant to units
(2) Easements appurtenant to common elements
(3) Ancillary rights
(4) Application of subsections (1) and (2)
10(1) Creation of corporation
(2) Members
(3) Corporations Act not to apply
(4) Objects of corporation
(5) Responsibilities of corporation
(6) Control of corporation
(7) Records of corporation
(8) Change of address
(9) Real and personal property
(10) Corporation may sue and be sued
(11) Judgment against corporation
(12) Effect of termination
11(1) Board of directors
(2) Duties of board
(3) Defects in election, etc.
(4) New board of directors
(5) Delivery of construction documents
12(1) By-laws
(1.1) Notice of meeting
(1.2) Giving notice
(1.3) Notice by mail
(1.4) Actual notice is sufficient
(1.5) Quorum
(2) By-laws consistent with Act
(3) Registration
(4) Prohibition
(5) Rules for common elements
(6) Copy of by-laws and rules to owner
13(1) Compliance by owners
(1.1) Compliance by tenants
(2) Compliance by others
(3) Performance of duty of corporation
13.1(1) Termination of tenancy
(2) Notice to owner
(3) Copy of notice of termination to owner
(4) Giving notice
(5) Other notice provisions may apply
(6) Length of notice re termination
(7) Mediation by director
(8) Order of possession
14(1) Common expenses
(1.1) Registration of lien
(2) Registration of lien
(2.1) Payment by encumbrancer
(3) No avoidance of expenses
(4) Discharge of lien
15(1) Voting
(2) Voting by mortgagee
(3) Voting by minors, etc.
(4) Order of court
(5) Order of authorization
16(1) Substantial alterations
(1.1) Meaning of "substantial"
(1.2) Non-substantial alterations
(1.3) Giving notice
(1.4) Notice by mail
(1.5) Actual notice is sufficient
(1.6) Quorum
(2) Costs
(3) Dissenters
(4) Arbitration
(5) Alterations etc. required by law
(6) Non-application re phase
17(1) Corporation to insure against fire and other perils
(2) Where insurance not required
(3) Payment of insurance moneys
(4) Insurance not to be considered as other insurance
(5) Contribution with other policies
(6) Owner may insure
(7) Contribution with other policy
(8) Corporation to insure against liability
(9) Contributions with other policies
(10) Owner may insure against liability
(11) Contribution with other policies
(12) Section not restriction on capacity to insure
18(1) Obligations to repair and to maintain
(2) Duty to repair
(3) Maintenance of common elements
(4) Maintenance of units
(5) Declaration of obligations in declaration
(6) Permission to repair
(7) Consent by owner
19(1) Determination of damage
(2) Vote for repair
20(1) Termination by notice after substantial damage
(2) Termination where no vote taken
(3) Effect of registration of notice
21(1) Termination by sale
(2) Execution of documents
(3) Conclusiveness
(4) Action by district registrar
(5) Effect of registration on claims
(6) Proceeds
(7) Rights of dissenters
(8) Where proceeds inadequate
22(1) Termination by notice without sale
(2) Notice of termination
(3) Effect of registration
23(1) Application to court
(2) Considerations
(3) Order
(4) Appearance by insurer
(5) Variation
24(1) Application to require performance of duties
(2) Order
(3) Administrator
(4) Saving clause
(5) Application for relief
(6) Application for declaratory order
25(1) Arbitration
(2) Appointment of arbitrator
(3) Award final and binding
(4) Where arbitration unsuccessful
(5) Money issue
(6) Disposition of money
(7) Costs of arbitration
(8) Rules of procedure
(9) Arbitration Act not to apply
26(1) Establishment of reserve funds
(2) Reserve fund an asset of corporation
(3) Funds under cl.14(1)(a)
27(1) Reserve fund to be held by corporation in trust
(2) Purposes of reserve funds
28(1) Contributions to reserve fund by owners
(2) Contributions to reserve fund by developer
(3) Repealed
29(1) Deposit of reserve fund money
(2) Investment of reserve fund money
30(1) Reserve fund
(1.1) Notice of meeting
(1.2) Subsections 12(1.2) to (1.5) apply
(2) Filing of reserve fund statement
(3) Time limit
31(1) Repealed
(2) Level of individual contributions
(2.1) If level of contributions not specified
(3) Late payment of contributions
32(1) Credit of contributions to individual units
(2) Credit of investment interest
(3) Allocation of reserve fund expenditures
33(1) Reserve fund accounts
(2) Certified copies of reserve fund accounts
(3) Purchase price includes reserve fund account
34 Regulations

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