COMMON ELEMENTS CONDOMINIUM CORPORATIONS

Creation

138. (1) Subject to the regulations made under this Act, a declarant may register a declaration and description that create common elements but do not divide the land into units. 1998, c. 19, s. 138 (1).

Type

(2) The type of corporation created by the registration of a declaration and description under subsection (1) shall be known as a common elements condominium corporation. 1998, c. 19, s. 138 (2).

Requirements for registration

(3) A declaration and description for a common elements condominium corporation shall not be registered unless the registration would create a freehold condominium corporation that is not a vacant land condominium corporation or, except as provided in the regulations made under this Act, a phased condominium corporation. 1998, c. 19, s. 138 (3).

Application

(4) Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a common elements condominium corporation, except that,

(a) references to a unit or a proposed unit shall be deemed to be references to a common interest in the corporation or a proposed common interest in the corporation, respectively;

(b) references to a mortgagee of a unit shall be deemed to be references to a mortgagee of a common interest appurtenant to an owner’s parcel of land mentioned in subsection 139 (1); and

(c) references to a common interest appurtenant to a unit shall be deemed to be references to a common interest appurtenant to an owner’s parcel of land mentioned in subsection 139 (1). 1998, c. 19, s. 138 (4).

Other corporations

(5) This Part does not apply to a corporation that is not a common elements condominium corporation. 1998, c. 19, s. 138 (5).

Owners’ land

139. (1) A declaration for a common elements condominium corporation shall not be registered unless each of the owners of a common interest in the corporation,

(a) also owns the freehold estate in a parcel of land,

(i) that is not included in the land described in the description,

(ii) that, subject to the regulations made under this Act, is situated within the boundaries of the land titles and registry divisions of the land registry office in which the description of the corporation is registered, and

(iii) to which the Land Titles Act applies or for which a certificate of title has been registered under the Certification of Titles Act; and

(b) has signed a certificate in a form prescribed by the Minister stating the owner consents to the registration of the declaration and the notice described in subclause (2) (b) (i). 1998, c. 19, s. 139 (1).

Non-severable from common interest

(2) Upon the registration of a declaration and description for a common elements condominium corporation,

(a) the common interest of an owner in the corporation attaches to the owner’s parcel of land; and

(b) the declarant shall register against each owner’s parcel of land,

(i) a notice in the form prescribed by the Minister that sets out the information contained in clause (a), and

(ii) a copy of the certificate described in clause (1) (b). 1998, c. 19, s. 139 (2). Division of parcel

(3) Subject to the regulations made under this Act, if an owner’s parcel of land is divided into two or more new parcels, the owners of the new parcels are joint owners of the common interest attached to the original parcel. 1998, c. 19, s. 139 (3).

Common interest preserved

(4) Despite any other Act, upon the sale of the parcel of land of an owner in a common elements condominium corporation or the enforcement of an encumbrance registered against the parcel, the common interest of the owner in the corporation is not terminated or severed from the parcel, but continues to be attached to the parcel. 1998, c. 19, s. 139 (4).

Lien

(5) If an owner defaults in the obligation to contribute to the common expenses of a common elements condominium corporation, the corporation has a lien against the owner’s parcel of land. 1998, c. 19, s. 139 (5).

Same

(6) The lien is a lien for the purposes of sections 85 and 86. 1998, c. 19, s. 139 (6). Priority of lien

(7) Despite section 86, the lien does not have priority over an encumbrance registered against an owner’s parcel of land before the common interest of the owner attached to it unless the encumbrancer agrees in writing otherwise. 1998, c. 19, s. 139 (7).

Contents of declaration

140. In addition to the requirements of subsection 7 (2), a declaration for a common elements condominium corporation shall contain,

(a) a statement that the common elements are intended for the use and enjoyment of the owners;

(b) a legal description of the parcels of land mentioned in subsection 139 (1); and (c) all other material that the regulations made under this Act require. 1998,

c. 19, s. 140. Contents of description

141. Clauses 8 (1) (c), (d), (f) and 8 (3) (b) do not apply to a description for a common elements condominium corporation. 1998, c. 19, s. 141.

Subdivision control

142. Section 50 of the Planning Act does not apply in respect of dealings with common interests in a common elements condominium corporation. 1998, c. 19, s. 142. Disclosure statement

143. In addition to the requirements of subsection 72 (3), a disclosure statement for a common interest in a common elements condominium corporation shall contain,

(a) a statement that the common interest attaches to the owner’s parcel of land described in the declaration of the corporation and cannot be severed from the parcel upon the sale of the parcel or the enforcement of an encumbrance registered against the parcel; and

(b) all other material that the regulations made under this Act require. 1998, c. 19, s. 143.

Repair after damage and insurance

144. (1) Sections 89 and 90 and clauses 91 (a) and (d) do not apply to a common elements condominium corporation. 1998, c. 19, s. 144 (1).

Repair after damage and maintenance

(2) Subject to clauses 91 (b) and (c) and section 123, the corporation shall repair and replace the common elements after damage or failure and shall maintain them. 1998, c. 19, s. 144 (2).

Insurance

(3) References to a unit in sections 99 to 105 shall be deemed not to apply to a common elements condominium corporation. 1998, c. 19, s. 144 (3).

PART XI