.png){kind=small}
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 | |