C.C.S.M. c. C170
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| PART 1
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| INTERPRETATION AND APPLICATION
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| 1
| (1)
| Definitions
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| (2)
| Reference to board
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| (3)
| Reference to district registrar
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| (4)
| Reference to proposed unit or property
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| (5)
| Included reference
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| (6)
| Reference to unit mortgagee entitled to notice
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| (7)
| Interpretation — unit and its share in common elements
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| (8)
| Definitions in Real Property Act apply
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| 2
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| Effect of reader's aid
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| 3
| (1)
| Act prevails
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| (2)
| Application
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| PART 2
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| CONDOMINIUM REGISTRATIONS
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| 4
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| Overview
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| 5
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| Definitions
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| REGISTRATION
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| 6
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| Condominium Register
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| 7
| (1)
| Registration limited to new system land
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| (2)
| Limitation
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| (3)
| Reader's aid
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| 8
| (1)
| Who may register — fee simple
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| (2)
| Who may register — leasehold estate
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| 9
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| Place of registration
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| 10
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| Declaration, plan and initial by-law to be registered together
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| 11
| (1)
| Effect of registration
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|
| (2)
| No merger of leasehold and freehold interests
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| (3)
| Non-application
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| (4)
| Reader's aid
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| Declaration
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| 12
| (1)
| Declaration must meet all requirements of this Act
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|
| (2)
| Declaration to be signed by owner in fee simple
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|
| (3)
| Declaration — leasehold estate in land
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| (4)
| Consent of holder of registered instrument
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| (5)
| Consent to be given or withheld in good faith
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| (6)
| Statutory declaration
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| 13
| (1)
| Content of declaration
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| (2)
| Additional content
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| (3)
| Additional content — bare land units
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| (4)
| Additional content — bare land units other than phasing units
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| (5)
| Additional content — leasehold estate
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| (6)
| Additional content — phased development
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| (7)
| Additional provisions in declaration
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| 14
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| Act prevails over declaration
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| Plan
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| 15
| (1)
| Content of plan
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| (2)
| Certificate of land surveyor
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| (3)
| Certificate of architect
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| 16
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| Bare land unit plan requirements
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| 17
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| Certain plans must comply with section 117 of Real Property Act
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| 18
| (1)
| Plan must meet all requirements of this Act
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|
| (2)
| Plan requires approval of Examiner of Surveys
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| Initial By-law
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| 19
| (1)
| Content of initial by-law
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|
| (2)
| Application of Part 8 provisions
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| Titles To Be Issued
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| 20
| (1)
| Title in name of condominium corporation
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| (2)
| Title in name of unit owner
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| 21
| (1)
| Notice on title about phased development
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| (2)
| Notice to be removed
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| AMENDING A DECLARATION OR PLAN
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| 22
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| No application to phasing amendment
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| 23
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| Amending a declaration or plan
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| 24
| (1)
| Amendment to declaration requires meeting, consent
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| (2)
| Meeting notice
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| (3)
| Registration requires consent or court order
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| (4)
| Statutory declaration required
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| (5)
| Consent of property lessor
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| (6)
| Amendment requires approval of Examiner of Surveys
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| (7)
| Reader's aid
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| 25
| (1)
| Minor amendments
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| (2)
| Registration of minor amendment
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| (3)
| Change of address
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| (4)
| Unit owners and mortgagees to be given copy of amendment
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| PROTECTIONS FOR TENANTS OF EXISTING TENURED RENTAL UNITS
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| 26
| (1)
| Application
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|
| (2)
| Limitation
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| 27
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| Rights and duties not affected by registration
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| 28
| (1)
| Notice of proposed registration
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|
| (2)
| Content of notice
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|
| (3)
| Notice to prospective tenant of proposed registration
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|
| (4)
| Statutory declaration — condominium conversions
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| (5)
| Additional requirement — condominium conversions
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| (6)
| Limited application
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| 29
| (1)
| Notice of registration of declaration
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| (2)
| Time for giving notice to holder of right of first refusal
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| 30
| (1)
| Tenant's right to continue in occupancy
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| (2)
| Occupancy right of holder of right of first refusal
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| (3)
| Limitation
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| (4)
| Right may not be assigned
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| (5)
| Meaning of "continuous occupancy"
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| 31
| (1)
| Restriction on sale of proposed unit
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| (2)
| Restriction on sale of unit
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| (3)
| Time for acceptance of offer
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| PART 3
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| GENERAL PROPERTY MATTERS
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| 32
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| Ownership of land includes space
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| 33
| (1)
| Type of real property
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|
| (2)
| Dealing with units and shares in common elements
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| (3)
| Further subdivision of unit
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| 34
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| Ownership and use of owner's unit
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| 35
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| Ownership of common elements
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| 36
| (1)
| No separation
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| (2)
| Instrument of separation void
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| 37
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| No division of common elements
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| 38
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| Reference to unit includes interest in common elements
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| 39
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| Bare land unit boundaries
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| 40
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| Right to reasonable use of common elements
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| 41
| (1)
| Easements — units
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| (2)
| Easements — common elements
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| (3)
| Ancillary rights
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| (4)
| Benefit restricted for owners of bare land units
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|
| (5)
| Reader's aid
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| 42
| (1)
| Definition
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| (2)
| Unit owner entitled to discharge of encumbrance
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| (3)
| Determining amount to be paid
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| (4)
| Discharge
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| 43
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| Assessed value
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| 44
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| Unit owners share in common assets
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| PART 4
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| SALES OF UNITS
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| 45
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| Overview
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| 46
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| Application of Part
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| 47
| (1)
| Definitions
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| (2)
| Interpretation — "material change"
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| SALE OF UNIT
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| 48
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| Multiple buyers
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| 49
| (1)
| Declarant to prepare financial projections statement
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|
| (2)
| Content of financial projections statement
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| 50
| (1)
| Reserve fund study required — condominium conversion
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|
| (2)
| Reserve fund study required — delayed sale of unit
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| (3)
| Non-application
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| (4)
| Cost of reserve fund study
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| (5)
| Reader's aid
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| Disclosure to Buyer
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| 51
| (1)
| Disclosure to buyer — sale of proposed unit
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| (2)
| Disclosure to buyer — sale of unit after registration
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| (3)
| Disclosure to subsequent buyer
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| (4)
| Table of contents
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| (5)
| Compliance with this section
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| 52
| (1)
| Seller to disclose material change
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| (2)
| Court may award damages for non-disclosure of material change
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| 53
| (1)
| Condominium corporation to provide documents to seller
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| (2)
| Condominium corporation to provide additional documents
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| (3)
| Condominium corporation may charge fees
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| Buyer's Cancellation Rights
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| 54
| (1)
| Right to cancel within cooling-off period
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|
| (2)
| Right to cancel because of material change
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| (3)
| Limitation
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| (4)
| Time period not extended for holidays
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| (5)
| How to cancel
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| (6)
| Adequacy of wording
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| (7)
| Statement about material change
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| (8)
| Effect of cancellation notice
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| 55
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| Seller may apply for court order
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| 56
| (1)
| Refund after cancellation
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| (2)
| Time for payment
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| Registration of Transfer
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| 57
| (1)
| Registration requirements
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|
| (2)
| Other evidence
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| Seller's Additional Obligations on Sale of Proposed Unit
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| 58
| (1)
| Covenants by declarant or owner-developer
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|
| (2)
| No merger of covenants
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| 59
| (1)
| Definition
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|
| (2)
| No right to terminate
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| (3)
| Application to court for termination of agreements
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| (4)
| Considerations
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| (5)
| Court order
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| (6)
| Additional order
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| (7)
| Registration of order
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| Interim Occupancy of Proposed Unit
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| 60
| (1)
| Definitions
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|
| (2)
| Contribution to reserve fund during interim occupancy
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|
| (3)
| Exception
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| (4)
| Right to cancel not affected
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| (5)
| Seller's rights and obligations
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| (6)
| Non-application of Residential Tenancies Act
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| STATUS CERTIFICATE
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| 61
| (1)
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| (2)
| Effect of status certificate
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| PART 5
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| THE DECLARANT AND THE DECLARANT'S BOARD
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| 62
|
| Overview
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| THE DECLARANT
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| 63
| (1)
| Application of Act to declarant's successor
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|
| (2)
| Meaning of "successor in title"
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| 64
| (1)
| Proposed rules
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|
| (2)
| Effect of registration
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|
| (3)
| Content of initial rules
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| (4)
| Application of Part 8 provisions
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| 65
| (1)
| Declarant accountable for budget deficit
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| (2)
| Condominium corporation to prepare financial statement
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| (3)
| Condominium corporation to notify declarant, unit owners
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| (4)
| Declarant, unit owners may request audit
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| (5)
| Cost is common expense
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| (6)
| Time for payment
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| (7)
| Declarant does not pay required amount
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| THE DECLARANT'S BOARD
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| 66
| (1)
| Appointment of directors by declarant
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|
| (2)
| Reader's aid
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| 67
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| Membership — declarant's board
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| 68
| (1)
| Removing and replacing appointed directors
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| (2)
| Term of office — appointed directors
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| 69
| (1)
| Electing two directors to the declarant's board
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| (2)
| More directors than declaration provides
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| 70
| (1)
| Term of office — elected directors
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| (2)
| Removing elected directors
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| 71
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| Conduct of business by declarant's board before directors elected
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| First General Meeting
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| 72
| (1)
| First general meeting of unit owners
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|
| (2)
| Non-application
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|
| (3)
| When first general meeting not required
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|
| (4)
| Meeting may not be waived
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| (5)
| Reader's aid
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| 73
| (1)
| Appointing an auditor
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|
| (2)
| Board to act if unit owners do not
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| (3)
| Report
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| (4)
| Term of appointment
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| (5)
| Revoking the appointment
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| (6)
| Application
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| (7)
| Exception
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| Special General Meeting
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| 74
| (1)
| Special general meeting requested by unit owner before turn-over meeting
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|
| (2)
| Non-application
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| Turn-over Meeting
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| 75
| (1)
| Purpose of turn-over meeting
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|
| (2)
| Turn-over meeting
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| (3)
| Unit owner, mortgagee may act if board does not
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| (4)
| Holding the turn-over meeting
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| (5)
| Reimbursing costs
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| 76
| (1)
| Election of directors at turn-over meeting
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|
| (2)
| Term of office
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|
| (3)
| Reader's aid
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| 77
| (1)
| Documents and items to be turned over
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|
| (2)
| Costs borne by declarant
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| 78
| (1)
| Construction and other documents to be turned over
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|
| (2)
| Costs borne by declarant
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| (3)
| Cost of certain reserve fund studies
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| 79
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| Financial statements to be turned over
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| 80
| (1)
| Declarant does not comply
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|
| (2)
| Court order
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| Terminating Agreements After the Turn-over Meeting
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| 81
| (1)
| Terminating property management agreements
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|
| (2)
| Written notice
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| (3)
| Return of records, etc.
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| 82
| (1)
| Terminating other agreements
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|
| (2)
| Application
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|
| (3)
| Written notice
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|
| (4)
| Exception — easements
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| (5)
| Non-application
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| 83
| (1)
| Terminating mutual use agreements
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|
| (2)
| Application
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| (3)
| Court order
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| PART 6
|
| THE CONDOMINIUM CORPORATION
|
| 84
| (1)
| Overview
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|
| (2)
| Reader's aid
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| MANDATE, DUTIES AND POWERS
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| 85
| (1)
| Mandate
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| (2)
| Duty
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| (3)
| Capacity and powers
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| 86
| (1)
| Governing a condominium corporation
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|
| (2)
| Limited application of Corporations Act
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| 87
|
| Authority to enter into agreements
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| 88
| (1)
| Dealing with real and personal property
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|
| (2)
| Consent required to deal with real property
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|
| (3)
| Unit owned by condominium corporation
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| 89
| (1)
| Dealing with common elements, easements
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|
| (2)
| Binding on each unit owner
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|
| (3)
| Validity of easement
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|
| (4)
| Effect of easement granted to condominium corporation
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| 90
| (1)
| Right to enter limited
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|
| (2)
| Notice requirements for entry
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|
| (3)
| Alternative time may be proposed
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| 91
| (1)
| Condominium corporation may sue
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|
| (2)
| Notice to unit owners
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|
| (3)
| Costs
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|
| (4)
| Judgment is common asset
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| 92
| (1)
| Condominium corporation may be sued
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|
| (2)
| Judgment against condominium corporation
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| 93
|
| Occupier's liability
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| DIRECTORS AND OFFICERS
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| The Board, Directors and Officers
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| 94
| (1)
| Duty of board
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|
| (2)
| Duty of directors and officers
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| 95
|
| Board elected by unit owners
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| 96
| (1)
| Eligibility
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|
| (2)
| Non-application
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| 97
| (1)
| Unit owned by more than one person
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|
| (2)
| Unit owned by corporation
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|
| (3)
| More than one unit owned by corporation
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|
| (4)
| Non-application
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| 98
|
| Officers
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| 99
|
| Validity of acts
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| 100
| (1)
| Conducting business
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|
| (2)
| Quorum
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| 101
| (1)
| Removal and replacement
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|
| (2)
| Non-application
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| 102
| (1)
| Vacancy
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| (2)
| Replacement made by the directors
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| (3)
| Unit owners may elect replacement or decrease number of directors
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|
| (4)
| Replacement's term of office
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|
| (5)
| Vacancy results in loss of quorum
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|
| (6)
| Unit owner or mortgagee may call meeting
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|
| (7)
| Reimbursing costs
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| Meetings of the Board
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| 103
| (1)
| Meeting by teleconference
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|
| (2)
| Present in person
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| Disclosing Conflict of Interest
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| 104
|
| Meaning of "agreement or transaction"
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| 105
| (1)
| Disclosure of interest by director
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|
| (2)
| Exception
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|
| (3)
| Director sells property to condominium corporation
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|
| (4)
| Director has indirect interest in sale
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|
| (5)
| Time of disclosure
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|
| (6)
| Entry in minutes
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|
| (7)
| Director not to be present
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|
| (8)
| Director not to vote
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| 106
| (1)
| Consequences of failing to disclose
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|
| (2)
| Confirmation of agreement or transaction by owners
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| 107
| (1)
| Disclosure of interest by officer
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|
| (2)
| Application to officer
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| Reliance and Indemnification
|
| 108
|
| Reliance on statements and reports
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| 109
| (1)
| Indemnification
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|
| (2)
| No indemnification for breach of duty
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|
| (3)
| Reader's aid
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| MEETINGS
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| Annual General Meetings
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| 110
| (1)
| Annual general meeting
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|
| (2)
| Waiver of annual general meeting
|
|
| (3)
| Reader's aid
|
| 111
| (1)
| Election of directors at annual general meeting
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|
| (2)
| By-laws may provide for longer terms
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|
| (3)
| Exception
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| 112
| (1)
| Right to raise matters for discussion
|
|
| (2)
| Reader's aid
|
| Special General Meetings
|
| 113
| (1)
| Special general meeting called by board
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|
| (2)
| Special general meeting need not be called by board
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|
| (3)
| Validity and effectiveness of resolution
|
| 114
| (1)
| Special general meeting requested by unit owners
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|
| (2)
| Reader's aid
|
|
| (3)
| Information to be included in meeting request
|
| 115
| (1)
| Board receives request for special general meeting
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|
| (2)
| Board does not comply
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|
| (3)
| Reimbursing costs
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| Notice of Meetings
|
| 116
| (1)
| Required content for meeting notice
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|
| (2)
| Minimum time period for giving notice of meetings
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|
| (3)
| By-laws may specify time period
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|
| (4)
| Notice to be given to unit owners and mortgagees
|
|
| (5)
| Waiving right to object
|
|
| (6)
| Reader's aid
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| Quorum and Attendance at Meetings
|
| 117
| (1)
| Quorum
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|
| (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
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| 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
|
