C.C.S.M. c. C170
The Condominium Act
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 |