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The corporation may add the costs, charges, interest and expenses resulting from an owner’s failure to comply with the agreement to the contribution to the common expenses payable for the owner’s unit. 85 ; 2015, c. On the day the proposed unit is available for possession or occupancy in accordance with the purchaser’s agreement of purchase and sale with the declarant, otherwise. The declarant shall not charge and the purchaser under the agreement of purchase and sale shall not pay any amount that is or is intended to be a projected or actual contribution to the reserve fund of the corporation, unless otherwise permitted under this Act. If an auditor or a former auditor is required to attend a meeting of owners, the corporation shall compensate the auditor or former auditor, as the case may be, for expenses and pay the reasonable remuneration that it deems appropriate.
168 A leasehold condominium corporation shall, on behalf of the owners, exercise all rights and perform all obligations of the owners with respect to the leasehold estate in the property. 168 . A declaration for a leasehold condominium corporation and an amendment to a declaration for a leasehold condominium corporation to make the corporation a phased condominium corporation shall not be registered unless it is executed by the lessor. The Residential Tenancies Act, 2006 does not apply to the leasehold interest of an owner of a unit in a leasehold condominium corporation and its appurtenant common interest but does apply to a lease of an owner’s leasehold interest in a unit.
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A by-law relating to the remuneration of directors shall fix the remuneration and the period not exceeding three years for which it is to be paid. Any additional records specified in the by-laws of the corporation. 55 ; 2015, c. 51 (1-3). The report that the corporation receives from an inspector in accordance with subsection 130 . The records required under subsection 46.1 and 83 .
If a lease of a unit is terminated and not renewed, the owner of the unit shall notify the corporation in writing within 10 days of the termination. 83 ; 2015, c. The interest is payable on the money even if, under clause 81 , the declarant provides security of a prescribed class for the money.
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1.12 The Minister may appoint a chair from among the members of the board of directors of the condominium authority. 1.11 The Minister may, by order, increase or decrease the number of members of the board of directors of the condominium authority. 1.10 The Minister may appoint at pleasure one or more members to the board of directors of the condominium authority for a term specified in the appointment. The number of members of the board of directors of the condominium authority is insufficient for a quorum. The authority has not remedied its default to the Minister’s satisfaction within the specified time period mentioned in clause and the Minister has so advised the Lieutenant Governor in Council. The administrator has the same rights as the board in respect of the condominium authority’s documents, records and information.
This Part does not apply to a corporation that is not a common elements condominium corporation. 138 Subject to the regulations, a declarant may register a declaration and description that create common elements but do not divide the land into units. 138 ; 2015, c. The corporation shall add the amount of the liability of each of the owners who voted in favour of the sale to the contribution to the common expenses payable for the unit of that owner.
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2016, c. A director is responsible for the application of all or any part of this Act and of the regulations with respect to any class of persons or organizations specified in the director’s appointment. If a person or organization gives notice of appeal of an order to pay an administrative penalty within the time specified in subsection 27 , the requirement to pay is stayed until the disposition of the appeal. If an accessibility report is filed in an electronic format approved by the Minister, the requirement that a person sign the report under subsection shall be met if he or she provides an electronic signature. A standards development committee shall keep minutes of every meeting it holds and shall make the minutes available to the public by posting them on a government internet site and by such other means as the terms of reference may provide.
All voting by owners shall be on the basis of one vote per unit. If a corporation has only one owner, the owner present in person or by proxy constitutes a meeting. A statement of that method of giving notice appears in the record of the corporation required by section 46.1 or that is required by that section to appear in that record. If a mortgagee described in clause agrees to a method of electronic communication under clause 47 and communicates that agreement to the corporation in writing, the name of the mortgagee and a statement of that method.
The corporation shall collect contributions to the reserve fund from the owners, as part of their contributions to the common expenses. A fund set up for the purpose mentioned in subsection shall be deemed to be a reserve fund even though it may not be so designated. If an owner has an obligation under this Act to maintain the common elements or any part of them and the owner fails to carry out the obligation within a reasonable time, the corporation may do the work necessary to carry out the obligation. 92 If the declaration provides that the owner has an obligation to repair after damage and the owner fails to carry out the obligation within a reasonable time after damage occurs, the corporation shall do the work necessary to carry out the obligation. The corporation shall, on or before the day a certificate of lien is registered, give written notice of the lien to every encumbrancer whose encumbrance is registered against the title of the unit affected by the lien.
The first board is not required to call or hold the meeting mentioned in subsection if, by the day set for the meeting, the declarant no longer owns a majority of the units and advises the first board in writing of that fact. 26 For the purposes of determining liability resulting from breach of the duties of an occupier of land, the corporation shall be deemed to be the occupier of the common elements and the owners shall be deemed not to be occupiers of the common elements. (9.2) An owner who, under subsection (9.1), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owner’s unit. The cost of the services that are invoiced directly to the unit owners under clause shall not form part of the common expenses, despite anything in the declaration. Subsections 97 , , and apply to an agreement described in subsection as if it were a change in a service that a corporation provides to the owners.
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The term of the leasehold interests before a renewal under section 174 shall be not less than 40 years less a day and not more than 99 years as specified in the declaration. The corporation is exempt from the obligation to obtain and maintain the insurance described in section 99 for buildings and structures located on a unit. The items described in clauses and will be included in an amendment to the description. The court may make an order described in subsection 113 if the requirements of that subsection are met.
165 ; 2006, c. 17, s. 248 . The type of corporation created by the registration of a declaration and description under subsection shall be known as a leasehold condominium corporation. 164 .
A vacant land condominium corporation shall maintain the common elements and repair them after damage. Subsection 8 and clause 8 do not apply to vacant land condominium corporations. 157 . References to a unit in sections 99 to 105 shall be deemed not to apply to a common elements condominium corporation.
100 . The agreement binds the owner’s unit and any easement or covenant, whether positive or negative in nature, in the agreement shall run with the unit. An agreement binds the owner’s unit and is enforceable against the owner’s successors and assigns.
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