1(1)The following definitions apply in this Act.

1(2)For the purposes of this Act, the ownership of an estate in land includes the ownership of space.

2(1)Service New Brunswick is responsible for the administration of this Act.

2(2)Service New Brunswick shall appoint a Director of Condominiums to carry out the purposes of this Act.

2(3)Service New Brunswick may appoint one or more Deputy Directors who may perform any of the duties and exercise any of the powers of the Director.

3(1)The Director shall have the powers and duties that are set out in this Act and the regulations.

3(2)The Director may require any person to provide the information that is necessary for the administration of this Act with respect to any document that is required to be filed or registered under this Act.

3(3)No action lies for damages or otherwise against the Director, a Deputy Director, or any person acting under the authority of any of them in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith while acting under the authority of this or any other Act or regulation.

5(1)The owner of the freehold estate in land described in the description, or someone on the owner’s behalf, shall submit a declaration and description to the Director for approval.

5(2)Before approving a declaration and description, the Director may determine what is required to be included in the common elements of a condominium property, and the declarant shall amend the declaration and description to reflect this determination.

5(3)A declarant shall submit the following documents and information to the Director:

5(4)The documents and information in subsection (3) shall be accompanied by the prescribed fees for examining and approving a declaration and description.

6(1)A declaration shall be executed by the owner or owners of the land and interests appurtenant to the land described in the description.

6(2) A declaration shall be in a form prescribed by regulation and shall contain the following information:

6(3)A declaration may contain a provision that divides the units into 2 or more classes.

6(4)If a declaration divides the units into classes, it may contain more than one provision under any paragraph in subsection (2) and may limit the application of each of the provisions to one or more of the classes.

7(1)Subject to subsection (2), a description shall contain the following documents and information prepared in accordance with the regulations:

7(2)A description of a bare-land condominium property shall contain the following documents and information prepared in accordance with the regulations:

8(1)If the land in a description is affected by a subdivision by-law or subdivision regulation under the Community Planning Act, the description shall not be approved unless the land is certified as meeting the requirements of section 47 or paragraph 77(8)(c) of the Community Planning Act by a development officer appointed under that Act.

8(2)If the land in a description is an air space parcel as defined in the Air Space Act, the description shall not be registered unless a development officer appointed under the Community Planning Act certifies that the air space meets the requirements of the Air Space Act.

8(3)A phased-development condominium property that meets the requirements prescribed by regulation is exempt from the following:

9(1)On approving a declaration and description and the other documents required to be registered, the Director shall do the following:

9(2)The registrar of land titles shall register the declaration, description and other documents under the Land Titles Act.

9(3)The registrar of land titles shall only register a declaration, description or other document required to be registered if it has been approved and submitted for registration by the Director and accompanied by the certificate of approval for registration.

9(4)Documents submitted to the Director for registration with the registrar of land titles shall be accompanied by the fees prescribed by regulation under the Land Titles Act.

10(1)On the registration of a declaration and description, the land and the interests appurtenant to the land described in the description are governed by this Act.

10(2)The registration of a declaration and description creates a corporation without share capital whose members are the owners.

12(1)The registration of a phased-development condominium property constitutes a subdivision of land and creates a lot as described in the description of that phase of the development.

12(2)On the registration of an amendment to a declaration and description which creates a subsequent phase of a phased-development condominium property, that phase is consolidated into one lot with the previously registered phases of the phased-development condominium property.

12(3)A declarant with phased-development rights in a condominium property on the commencement of this section has 10 years from the date of commencement to exercise his or her phased-development rights, after which the rights will be void and the corporation will have unrestricted ownership of the condominium property.

13(1)Two or more corporations may amalgamate by registering a declaration and description.

13(2)The corporations referred to in subsection (1) may submit a declaration and description to the Director for approval if

13(3)The board of an amalgamating corporation shall call a meeting of its owners for the purpose of approving the declaration and description.

13(4)The board of an amalgamating corporation shall give its owners notice of the meeting in subsection (3), which notice shall include the following:

13(5)The Director shall not approve for registration the declaration of a proposed amalgamated corporation unless it is executed by the officers of the amalgamating corporations.

13(6)The Director shall not approve for registration a declaration and description if the condominium property of one of the corporations is registered under the Registry Act and one is registered under the Land Titles Act.

13(7)In the case of amalgamating corporations with condominium properties registered under the Land Titles Act, on the approval of the declaration, description and other documents required to be registered, section 9 applies with the necessary modifications to the documents.

13(8)Despite subsection 9(2), in the case of amalgamating corporations with condominium properties registered under the Registry Act, on approval of the declaration, description and other documents required to be registered, the declaration and description shall be registered under the Registry Act and the applicable fees for registration under that Act apply, and section 9 applies with the necessary modifications to the documents.

14(1)On the registration of a declaration and description for an amalgamated corporation,

14(2)If the condominium property of the amalgamated corporation consists of more than 10 units, on the registration of the declaration and description, the first directors shall appoint a person who is qualified to review the financial statements of the corporation in accordance with section 36, who shall hold office until the meeting referred to in subsection (3).

14(3)Within 60 days after the registration of the declaration and description of an amalgamated corporation, the first directors of the corporation shall hold a meeting for the following purposes:

15(1)Units and common interests are real property for all purposes.

15(2)Subject to this Act, the declaration and the by-laws, an owner is entitled to exclusive ownership and use of his or her unit.

15(3)No condition shall be permitted to exist and no activity shall be carried on in a unit or the common elements that is likely to damage the condominium property.

15(4)On 48 hours’ notice, the corporation or a person authorized by the corporation may enter a unit between the hours of 8 a.m. and 8 p.m to perform the objects and fulfil the duties of the corporation.

15(5)The corporation or a person authorized by the corporation may enter a unit without prior notice in order to gain immediate access in the case of an emergency.

16(1)The owners are tenants in common of the common elements.

16(2)An undivided interest in the common elements is appurtenant to each unit.

16(3)The proportions of the common interests are those expressed in the declaration.

16(4)Subject to this Act, the declaration, the by-laws and the rules, an owner may make reasonable use of the common elements.

16(5)The ownership of a unit shall not be separated from the ownership of the common interest, and an instrument that purports to separate the ownership of a unit from a common interest is void.

16(6)Except as provided by this Act, the common elements shall not be partitioned or divided.

16(7)For the purposes of assessment and taxation, each unit and common interest constitute a parcel, and the common elements do not constitute a parcel.

17(1)No encumbrance is enforceable against the common elements after the declaration and description are registered.

17(2)An encumbrance that would be enforceable against the common elements if not for subsection (1), is enforceable against all the units and common interests.

17(3)A unit and common interest may be discharged from an encumbrance under subsection (1) by payment to the claimant of a portion of the sum claimed as determined by the proportions specified in the declaration for sharing the common expenses.

17(4)On the request of an owner who makes a payment under subsection (3), the claimant shall give the owner a discharge of the unit and common interest in accordance with the regulations.

18(1)The following easements are appurtenant to a unit:

18(2)The following easements are appurtenant to the common elements:

18(3)All ancillary rights and obligations reasonably necessary to make easements effective apply in respect of easements implied or created by this Act.

19(1)The objects of a corporation are to manage the property and assets of the corporation.

19(2)The Companies Act and the Business Corporations Act do not apply to a corporation created under this Act.

19(3)A corporation has all the corporate powers and capacities necessary to enable it to do all the acts and things that are incidental or conducive to or consequential on the attainment of its objects.

19(4)A corporation has a duty to take all reasonable steps to ensure that the owners comply with this Act, the declaration and the by-laws.

19(5)Each owner, and each person having a claim against a unit and common interest, has the right to the performance of a duty of the corporation specified by this Act, the declaration and the by-laws.

19(6)An action with respect to the common elements may be brought by a corporation, and a judgment for the payment of money in favour of the corporation in the action is an asset of the corporation.

19(7)A corporation may do any of the following with the consent of the owners of at least 60% of the common elements:

19(8)An easement or a lease granted under paragraph (7)(d) or (e) has the same effect as if it were granted by all the owners of the common elements to which the grant of easement or lease relates.

21(1)A corporation shall keep adequate records, including the following:

21(2)A corporation shall keep all financial records for at least 6 years after the last fiscal period to which they relate.

21(3)An owner or an agent of an owner may inspect the records of a corporation on reasonable notice and at any reasonable time.

21(4)If a person examining the records requests a copy of a record, the corporation shall provide it within a reasonable time and may charge a reasonable fee for labour and copying.

23(1)An owner is bound by and shall comply with this Act, the declaration, the by-laws and the rules.

23(2)An owner has a right to the compliance by the other owners with this Act, the declaration, the by-laws and the rules.

23(3)A corporation and a person having a claim against a unit and common interest has a right to the compliance by the owners with this Act, the declaration, the by-laws and the rules.

23(4)An owner’s obligation to contribute towards the common expenses, the reserve fund and any contingency fund shall not be avoided by a waiver of the right to use the common elements or by abandonment.

24(1)A judgment for the payment of money against a corporation is also a judgment against each owner at the time of the judgment for a portion of the judgment determined by the proportions specified in the declaration for sharing the common expenses.

24(2)An owner may be discharged from a judgment by payment to the claimant of a portion of the judgment debt and costs determined by the proportions specified in the declaration for sharing the common expenses, and on the payment being made, the holder of the judgment shall give the owner a discharge in accordance with the regulations.

25(1)An owner has voting rights in the corporation in the proportions specified in this Act and in the declaration.

25(2)The holder of a mortgage or a charge on a unit may not exercise any right that the owner of the unit has to vote or consent, unless the holder is a mortgagee in possession.

25(3)Subsection (2) applies despite any authorization, including any provision in an agreement, mortgage or charge, that has been given to the contrary regardless of when given.

25(4)Subsection (2) does not invalidate a vote that was cast or consent that was given before the commencement of that subsection.

25(5)A person may exercise the powers conferred on an owner under this Act if the person is authorized by law to control the owner’s property.

25(6)On application of a corporation or an owner and if the Court is satisfied that there is no person capable, willing or reasonably available to exercise the powers conferred on an owner under this Act, the declaration or the by-laws, the Court

26(1)The owners of 30% of the common elements constitute a quorum for an owners’ meeting.

26(2)No business shall be transacted at an owners’ meeting unless a quorum is present at the beginning of business.

27(1)The affairs of a corporation shall be managed by a board of directors consisting of 3 persons, or more if provided for in the declaration or by-laws.

27(2)Despite subsection (1), a corporation that consists of 2 or 3 units may have a board consisting of 2 or more persons.

27(3)A majority of the directors of a board, or a greater proportion if specified in the declaration or by-laws, constitutes a quorum for the transaction of business.

27(4)Subject to subsection (5), a board shall be elected by the owners.

27(5)If a declarant owns at least one unit, he or she shall appoint to the board the proportion of the total number of directors that the number of units he or she owns bears to the total number of units in the condominium property, and the other owners shall elect the remaining directors.

27(6)If the number arrived at under subsection (5) is not a whole number, the declarant shall appoint the number of directors that is equal to the lesser of the nearest 2 whole numbers.

27(7) Despite subsection (5), a declarant shall not appoint directors to a board if, at the owners’ meeting at which the board is chosen, the owners of at least 60% of the common elements vote to pass a resolution that the entire board be elected by the owners.

27(8)The term of a director is 3 years, or a lesser period if provided for in the declaration or by-laws.

27(9)Despite subsection (8), a director shall continue to act until a successor is elected.

27(10)A director is eligible for re-election.

27(11)Subject to subsection (12), if a vacancy occurs on a board, the owners shall elect a new director.

27(12)If a declarant owns at least one unit at the time a vacancy occurs on a board, the vacancy shall be filled so that the proportion of the directors appointed by the declarant remains the same as the proportion of the directors appointed by the declarant if a new board were chosen at the time of the vacancy.

27(13)A person may be removed as a director by a vote of at least 60% of the owners, on the basis of one vote per owner, and the declarant, as an owner, is entitled to one vote.

27.1(1)Within 15 days after the appointment or election of a director to a board, the corporation shall submit, in a form prescribed by regulation, the name and address of the director to the Director.

27.1(2)On payment of the fee prescribed by regulation, the Director shall provide any person with a copy, or a certified copy, of a form submitted under subsection (1).

28(1)A corporation shall have a president, a secretary and any other officers provided for in the by-laws.

28(2)Subject to the by-laws, the directors

28(3)The same person may hold 2 or more offices of the corporation.

28(4)No act of a person is invalid by reason only of a defect in the election or appointment of that person as an officer or the lack of any qualification for that office.

29(1)A director shall be an owner and shall have attained the age of majority.

29(2)Despite subsection (1), a director appointed by a declarant is not required to be an owner.

29(3)No act of a person is invalid by reason only of a defect in the election or appointment of that person as a director or the lack of any qualification for that office.

30(1)A director or officer of a corporation shall, in exercising the powers and discharging the duties of that office,

30(2)A director does not contravene subsection (1) if the director relies in good faith on the following:

30(3)The by-laws may provide that a director or an officer of a corporation, and that person’s heirs, executors, administrators and other legal personal representatives, may be indemnified and saved harmless by the corporation from and against the following:

31(1)A director shall disclose in writing to the corporation the nature and extent of any material interest he or she has, directly or indirectly, in a contract, transaction or proposed contract or transaction to which the corporation is or will be a party if the contract or transaction is material to the corporation.

31(2)Disclosure of an interest is sufficient if the notice states that the director

31(3)Despite subsection (2), if the contract or transaction involves the purchase of real or personal property by the corporation that the seller acquired within 5 years before the date of the contract, transaction or proposed contract or transaction, the director shall disclose to the corporation the amount the seller paid for the property, if that information is within the director’s knowledge or control.

31(4)The disclosure required by this section shall be made at the board meeting at which the director becomes aware of having an interest in the contract, transaction or proposed contract or transaction, or at the first board meeting held after the director becomes aware of having an interest.

31(5)The board shall enter the disclosure made by a director under this section in the minutes of the board meeting at which the disclosure is made.

31(6)A director shall not vote with respect to a contract, transaction or proposed contract or transaction to which subsection (1) applies unless the director’s interest

31(7)A director who complies with this section and who acts honestly and in good faith at the time the contract or transaction is entered into is not accountable to the corporation or the owners for any profit or gain realized from the contract or transaction by reason only of holding the office of director.

31(8)A contract or transaction to which subsection (1) applies is not voidable by reason only of the interest of the director if

32(1)Each proposed by-law that is submitted with a declaration and description to the Director under paragraph 5(3)(d) is a by-law of the corporation that is created by the registration of the declaration and description, until it is replaced or amended under this section.

32(2)A corporation shall have by-laws with respect to the following:

32(3)A corporation may make, amend or repeal by-laws by a vote of the owners of at least 60% of the common elements, or a greater percentage if specified in the declaration.

32(4)If a declaration divides the units into classes, the corporation may make more than one set of by-laws and limit the application of each set of by-laws to one or more of the classes.

32(5)The by-laws shall be consistent with this Act and the declaration.

32(6)If a provision in a by-law or proposed by-law is inconsistent with this Act or the regulations, this Act and the regulations shall prevail, and the by-law or proposed by-law, as the case may be, is deemed to be amended accordingly.

32(7)A corporation shall submit for approval a copy of a by-law together with a certificate in prescribed form, executed by the officers of the corporation, stating that the by-law was made in accordance with this Act, the declaration and the by-laws, and the Director shall approve for registration the by-law and certificate.

32(8)On approval for registration, section 9 applies with the necessary modifications to the documents in subsection (7).

32(9)Despite subsection 9(2), a by-law of a condominium property that was registered under the Registry Act on the commencement of this section and that continues under that Act shall be registered under the Registry Act and the applicable fees for registration under that Act apply.

32(10)A registrar of deeds shall only register the documents referred to in subsection (7) if they are approved and submitted by the Director.

32(11)A by-law is not effective until the documents referred to in subsection (7) are registered.

32(12)A by-law or the repeal of a by-law shall not operate

33(1)The by-laws shall provide for the making of rules by the owners respecting the use of the common elements for the purpose of preventing unreasonable interference with the use and enjoyment of the units and common elements.

33(2)The rules shall be consistent with this Act, the declaration and the by-laws.

33(3)The rules shall be complied with and enforced in the same manner as the by-laws.

34(1)A corporation shall have annual financial statements prepared in accordance with generally accepted accounting principles showing its assets and liabilities, its income and expenses and any other information prescribed by regulation.

34(2)At least 10 days before the annual owners’ meeting, a corporation shall do the following:

34(3)Before filing financial statements with the Director and before providing them to the owners, the financial statements shall be approved by the board, as evidenced by the signature at the foot of the balance sheet by 2 of the directors duly authorized to sign.

34(4)At the annual owners’ meeting the board shall present the following:

35(1)Subject to subsection (2), at an annual owners’ meeting, the owners shall set the fiscal year of the corporation.

35(2)If the owners do not set the fiscal year of the corporation at an annual owners’ meeting, the board may do so.

36(1)If a condominium property consists of more than 10 units, a review of the financial statements shall be attached to the financial statements referred to in section 34.

36(2)Subject to subsection (3), at an annual owners’ meeting, the owners shall appoint a qualified person to review the financial statements of the corporation and prepare a report.

36(3)If the owners do not appoint a qualified person to review the financial statements at the annual owners’ meeting the board may do so.

36(4)The regulations shall prescribe the persons who are qualified to review financial statements.

36(5)The person reviewing the financial statements shall have access at all times to all the records, documents, accounts and vouchers of the corporation and may require from the directors, officers and employees of the corporation the information and explanations that, in the opinion of that person, are necessary to enable him or her to conduct the review.

36(6)No person shall be appointed to review the financial statements of a corporation if he or she

36(7)A person appointed under subsection (2) or (3) may be removed in accordance with a contract of employment made between the corporation and the person or in accordance with any law respecting employment by the following:

36(8)The remuneration of the person appointed under subsection (2) shall be fixed by the owners or by the board if it is authorized to do so by the owners, and the remuneration of a person appointed by the board under subsection (3) shall be fixed by the board.

37(1)A corporation shall establish an operating fund for the payment of the common expenses to which the owners shall contribute in proportions specified in the declaration.

37(2)A corporation shall assess and collect the owners’ contributions towards the common expenses as specified in the declaration and the by-laws.

37(3)A corporation shall pay the common expenses.

37(4)At the end of the fiscal year, any surplus in the operating fund of a corporation shall be applied against future common expenses or shall be paid into the reserve fund or the contingency fund, and shall only be distributed to the owners when the governance of the condominium property by this Act is terminated.

37(5)A corporation has a right to recover the following from an owner by an action for debt:

38(2)A corporation shall establish and maintain a reserve fund for the purposes referred to in subsection 42(1).

38(3)All contributions collected for a reserve fund shall be paid into the reserve fund and deposited and maintained in a bank, credit union or trust company in the Province or invested in an eligible security.

38(4)A fund set up for any of the purposes referred to in subsection 42(1) is deemed to be a reserve fund even if it is not designated as a reserve fund.

38(5)A reserve fund shall only be used for the purposes referred to in subsection 42(1).

38(6)A reserve fund constitutes an asset of the corporation and shall only be distributed to an owner when the governance of the condominium property by this Act is terminated.

39(1)Subject to section (2), if a condominium property consists of not more than 10 units, the amount in the reserve fund for the corporation shall be equal to 100% of the annual operating budget of the corporation, or a greater percentage if specified in the by-laws.

39(2)A corporation referred to in subsection (1) shall assess and collect the owners’ contributions to the reserve fund in an amount that results in the fund meeting the requirements of that subsection within 5 years after the registration of the declaration and description.

40(1)If a condominium property consists of more than 10 units, the corporation shall complete a reserve fund study every 10 years and shall submit it to the Director no later than 30 days after it is completed.

40(2)A corporation referred to in subsection (1) shall complete an update of a reserve fund study every 3 years or any time there is a significant change in the assets of the corporation and shall submit it to the Director no later than 30 days after it is completed.

40(3)A reserve fund status certificate, prescribed by regulation, shall be completed by the person who prepares the reserve fund study.

40(4)A corporation referred to in subsection (1) shall maintain a reserve fund in an amount that meets the minimum amount recommended in the reserve fund study.

40(5)If the amount in the reserve fund of a corporation referred to in subsection (1) is less than the amount required within the period of time recommended in the study, the corporation shall assess and collect the owners’ contributions to the reserve fund in an amount that would result in the fund meeting the minimum funding recommendations of the reserve fund study.

40(6)The form and contents of a reserve fund study and the persons authorized to prepare it shall be prescribed by regulation.

42(1)By a vote of the owners of at least 60% of the common elements, or a greater percentage if specified in the declaration, a corporation may do the following:

42(2)By a vote of the owners of a majority of the common elements, a corporation may do the following:

42(3)The cost of a substantial addition, alteration or improvement to or renovation of the common elements or the cost of a substantial change in the assets of the corporation is a common expense and shall be paid out of the corporation’s reserve fund.

42(4)The cost of any other addition, alteration or improvement to or renovation of the common elements or any other change in the assets of the corporation is a common expense and shall be paid out of the corporation’s operating fund or contingency fund, as determined by the corporation.

43(1)Once registered, a declaration may only be amended with the consent of the owners of at least 60% of the common elements, or a greater percentage if specified in the declaration.

43(2)Despite subsection (1), the Director may amend a declaration without the consent of the owners in order to correct a grammatical, mathematical, clerical, typographical or printing error.

43(3)If the Director amends a declaration under subsection (2), the amendment is deemed to have been approved for registration and subsection (4) does not apply.

43(4)When a declaration is amended, the corporation shall submit the following to the Director for approval:

43(5)On approval, section 9 applies with the necessary modifications to the documents referred to in subsection (4).

43(6)Despite subsection 9(2), an amendment to a declaration of a condominium property that was registered under the Registry Act on the commencement of this section and continues under that Act shall be registered under the Registry Act, and the applicable fees for registration under that Act apply.

43(7)A registrar of deeds shall register an amendment referred to in subsection (6) only if it is approved and submitted by the Director.

43(8)An amendment is not effective until it is registered.

44(1)Once registered, a description may be amended only with the consent of the owners of at least 60% of the common elements, or a greater percentage if specified in the declaration.

44(2)Despite subsection (1), the Director may amend a description without the consent of the board in order to correct a grammatical, mathematical, clerical, typographical or printing error.

44(3)If the Director amends a description under subsection (2), the amendment is deemed to have been approved for registration and subsection (4) does not apply.

44(4)When a description is amended, the corporation shall submit the following to the Director for approval:

44(5)On approval, section 9 applies with the necessary modifications to the documents referred to in subsection (4).

44(6)Despite subsection 9(2), an amendment to a description of a condominium property that was registered under the Registry Act on the commencement of this section and continues under that Act shall be registered under the Registry Act, and the applicable fees for registration under that Act apply.

44(7)A registrar of deeds shall register an amendment referred to in subsection (6) only if it is approved and submitted by the Director.

44(8)An amendment is not effective until it is registered.

44.1(1)Despite subsection 43(1), a declaration may be amended without the consent of the owners of the common elements if the amendment creates a subsequent phase of a phased-development condominium property.

44.1(2)Despite subsection (1), if the development proposed in an amendment differs significantly from the development proposed in the declaration approved by the Director for the phased-development condominium property, the amendment requires the consent of the owners of the common elements in accordance with section 43.

44.1(3)For the purpose of subsection (2), the Director shall determine whether the development proposed in an amendment differs significantly from the development proposed in the declaration he or she approved for the phased-development condominium property.

44.2(1)Despite subsection 44(1), a description may be amended without the consent of the owners of the common elements if the amendment creates a subsequent phase of a phased-development condominium property.

44.2(2)Despite subsection (1), if the development proposed in an amendment differs significantly from the development proposed in the description approved by the Director for the phased-development condominium property, the amendment requires the consent of the owners of the common elements in accordance with section 44.

44.2(3)For the purpose of subsection (2), the Director shall determine whether the development proposed in the amendment differs significantly from the development proposed in the description he or she approved for the phased-development condominium property.

45(1)A corporation may consolidate into one parcel the parcels of 2 or more adjacent units if the corporation has the consent of the owners of at least 60% of the common elements and complies with any requirement prescribed by regulation.

45(2) The parcels of 2 or more adjacent units may be consolidated despite being separated by a common element.

45(3)Despite subsection 10.4(1) of the Land Titles Act, parcels consolidated under subsection (1) shall be assigned one parcel identification number despite that the parcels are not adjoining.

45(4)The following applies to a consolidated unit:

46(1)If an owner defaults in his or her obligation to pay to a corporation an amount the corporation has a right to recover under subsection 37(5), the corporation has a lien against the unit and common interest of that owner for the unpaid amount together with the interest owing and the reasonable legal costs and reasonable expenses incurred by the corporation in connection with the collection or attempted collection of the unpaid amount.

46(2)A lien under subsection (1) expires 90 days after the default that gave rise to the lien occurred, unless the corporation registers the lien in accordance with this section.

46(3)A lien under subsection (1) is not a charge against the unit and the common interest of a unit until it is registered.

46(4)Subject to any other Act, a lien under subsection (1) is payable in priority to a registered or unregistered encumbrance in respect of the unit and the common interest.

46(5)A corporation shall give written notice of a lien under subsection (1) to the owner whose unit is affected by the lien at least 10 days before the day a notice of lien will be registered.

46(6)Written notice under subsection (5) may be given by personal service, registered mail or substituted service as may be prescribed by the regulations.

46(7)A corporation shall register a notice of the lien in the prescribed form under the Land Titles Act or the Registry Act, as the case may be, against any unit to which the lien applies and shall then serve the owner of the unit with a copy of the lien and recording particulars.

46(8)On or before the day a notice of lien is registered under subsection (7), a corporation shall give written notice to the persons with registered encumbrances in respect of the unit and the common interest subject to the lien.

46(9)Written notice under subsection (8) may be given by personal service, registered mail or substituted service as may be prescribed by the regulations.

46(10)A lien under subsection (1) may be enforced in the same manner as a mortgage.

46(11)A person who has a registered encumbrance against a unit and the common interest that is subject to a lien under subsection (1) may, at any time after that lien arises,

46(12)A person who makes a payment under subsection (11) shall have the same rights, remedies and privileges against the unit and the common interest as the person has by virtue of or under the security held by that person.

46(13)On payment of the unpaid amount of an owner’s obligation, a corporation shall give the owner a discharge of lien in the prescribed form.

46(14)A corporation shall register a discharge of lien in the prescribed form under the Land Titles Act or Registry Act, as the case may be, on the satisfaction of the lien.

47(1)The sale of any part of the common elements of a condominium property shall be authorized by

47(2)The following documents with respect to a sale referred to in subsection (1) shall be submitted to the Director for approval:

47(3)A deed or transfer referred to in paragraph (2)(a) has the same effect as if it were granted by all the owners of the common elements to which the deed or transfer relates.

47(4)On approval of the documents referred to in subsection (2), the Director shall do the following:

47(5)On the registration of the documents referred to in subsection (2),

47(6)When a sale is authorized under this section, an owner who dissented may elect to have the fair market value of the part of the common elements at the time of the sale determined by arbitration by serving notice on the corporation under subsection 59(1) to that effect within 10 days after the vote, and the owner who served the notice is entitled to receive from the proceeds of the sale the amount the owner would have received if the sale price had been the fair market value as determined by arbitration.

47(7)If the proceeds of the sale are inadequate to pay the amount determined under subsection (6), each owner who voted for the sale is liable for a portion of the deficiency determined by the owner’s proportion of the common interests.

48(1)For the purposes of this Act, the obligations to repair after damage and to maintain are mutually exclusive, and the obligation to repair after damage does not include the repair of improvements made to the units after the registration of the declaration and description.

48(2)Subject to section 49, a corporation shall repair the units and common elements after damage.

48(3)A corporation shall maintain the common elements.

48(4)An owner shall maintain his or her unit.

48(5)Despite subsections (2), (3) and (4), a declaration may specify any of the following:

48(6)A corporation shall make any repairs that an owner is obligated to make that he or she does not make within a reasonable time.

48(7)If a corporation has made repairs under subsection (6), an owner is deemed to have consented to the repairs.

49(1)In this section, “substantial damage” means damage to a building for which the cost of repairs would equal at least 25% of the value of the building immediately prior to the damage occurring, or a greater percentage if specified in the declaration.

49(2)If a building sustains damage, the board shall determine if the damage is substantial within 30 days after it has been sustained.

49(3)Within 60 days after determining that there is substantial damage, a vote shall be taken by the owners and if the owners of at least 60% of the common elements, or a greater percentage if specified in the declaration, vote to repair the damage, the corporation shall do so.

49(4)A corporation shall submit a notice of termination under section 55, if

50(1)A corporation shall insure its liability to repair the units and common elements after damage resulting from fire and such other risks as may be specified by the declaration or the by-laws to the extent required by the declaration or by-laws and, for that purpose, the corporation has an insurable interest to the replacement value of the units and common elements.

50(2)The corporation shall submit proof of the insurance referred to in subsection (1) to the Director each year in accordance with the regulations.

50(3)Despite subsection (1), the Insurance Act and any other law relating to insurance, an owner may insure his or her unit in respect of any damage in an amount equal to the amount owing on a mortgage of the owner’s unit at the date of any loss referred to in the policy.

50(4)A payment by an insurer under a policy of insurance entered into under subsection (3) shall be made to the mortgagees in order of their priorities if the mortgagees, or any of them, require it, and the insurer is then entitled to an assignment of the mortgage or a partial interest in the mortgage to secure the amount paid.

50(5)A policy of insurance issued to a corporation under subsection (1) is not liable to be brought into contribution with any other policy of insurance except another policy issued on the same building under subsection (1).

50(6)A policy of insurance issued to an owner under subsection (3) is not liable to be brought into contribution with any other policy of insurance except another policy issued on the same unit under subsection (3).

50(7)Subsections (1) and (3) do not restrict the capacity of a person to insure other than as provided for in those subsections.

51(1)On the application of an owner or a purchaser of a unit and common interest, a corporation shall issue an estoppel certificate in a form prescribed by regulation with copies of the declaration, by-laws and reserve fund study, if applicable, attached.

51(2) A corporation shall certify the following in an estoppel certificate:

51(3)An estoppel certificate is conclusive proof of the matters it certifies in favour of any person dealing with the owner of the unit that is the subject of the certificate.

51(4)When an owner or purchaser applies for an estoppel certificate, a corporation may charge a reasonable fee for labour and copying.

51(5)A corporation shall issue an estoppel certificate within 10 days after receiving an application or the payment of the fee charged by the corporation, whichever is later.

51(6)If an estoppel certificate omits material information that it is required to contain, it shall be deemed to include a statement that there is no such information.

51(7)If a corporation does not issue an estoppel certificate within the required time, it shall be deemed to have issued a certificate on the day immediately after the required time has expired stating the following:

52(1) An agreement of purchase and sale respecting a unit or a proposed unit shall contain the provisions prescribed by regulation if the declarant is the vendor.

52(2)In addition to any prescribed provisions, an agreement referred to in subsection (1) shall include the following provision:

52(3)A prescribed provision, including the provision in subsection (2), is deemed to be part of every agreement of purchase and sale for which the provision is prescribed, despite any agreement, waiver or statement or declaration to the contrary.

53(2)The Residential Tenancies Act applies to a tenancy agreement between an owner and an occupant.

53(3)A tenancy agreement referred to in subsection (2), shall be made in the Standard Form of Lease prescribed by regulation under The Residential Tenancies Act and shall include a schedule to section 10 of the Lease containing the by-laws and rules of the corporation.

53(4)Despite a failure to comply with subsection (3) and despite any agreement, waiver, declaration or statement to the contrary, an agreement that entitles the occupant of a unit to be in possession of a unit is deemed to include a covenant that the occupant shall comply with this Act, the regulations, the declaration, the by-laws and the rules of the corporation.

53(5)An owner referred to in subsection (2) has a duty to take all reasonable steps to ensure that an occupant complies with this Act, the regulations, the declaration, the by-laws and the rules of the corporation.

53(6)If an owner fails to comply with his or her obligations under this section, the corporation may serve notice on the owner of the unit under subsection 59(1) that the corporation intends to submit the dispute to arbitration.

54(1)The governance of a condominium property by this Act may be terminated when it is authorized

54(2)If termination is authorized, the corporation shall submit the following documents to the Director for approval:

54(3)If a corporation meets the requirements of this section, the Director shall approve the notice of termination for registration.

55(1)If the owners do not vote to repair under subsection 49(3), the corporation shall submit a notice of termination in the prescribed form to the Director within 10 days after the vote, and the Director shall approve the notice for registration.

55(2)If the owners do not vote within the time limit in subsection 49(3), the corporation shall submit a notice of termination in the prescribed form to the Director within 10 days after the expiry of the time limit, and the Director shall approve the notice for registration.

56(1)A corporation, an owner or a person having a registered encumbrance against a unit and common interest may apply to the Court for an order terminating the governance of the condominium property by this Act.

56(2)The Court may order that the governance of the condominium property by this Act be terminated if the Court is of the opinion that the termination would be just and equitable, and, in determining whether the termination would be just and equitable, the Court shall have regard to the following:

56(3)The Court may include in an order any provisions that the Court considers appropriate in the circumstances.

56(4)A copy of an order granted shall be submitted to the Director and, subject to subsection (5), the Director shall approve the order for registration.

56(6)Section 57 applies with the necessary modifications to an order for termination.

56(7)An order for termination is not effective until it is registered.

59(1)A party to a dispute may give notice to the other party and to the Director that the party giving notice intends to have the dispute arbitrated by a single arbitrator appointed by the Director and, when notice is given, the parties are deemed for the purposes of the Arbitration Act to have entered into an arbitration agreement.

59(2)Subject to subsection (3), subsection (1) applies to a dispute under this Act between any of the following:

59(3)Subsection (1) does not apply to a dispute with respect to the governance of the condominium property by this Act being terminated.

59(4)Subsection (1) applies to a dispute between a board and an owner as to whether a decision or a proposed action by the board is prejudicial to the condominium property or the corporation.

59(5)Notice under subsection (1) may be given by personal service, registered mail or substituted service as may be prescribed by the regulations.

59(6)A notice that is mailed is deemed to be received on the seventh day after it is mailed, unless the contrary is proven.

59(7)When notice is given to the Director, he or she shall appoint an arbitrator in accordance with the regulations.

59(8)The regulations shall prescribe

60(1)If a duty imposed by this Act, the declaration or the by-laws is not performed, the corporation, an owner, or a person having a registered encumbrance against a unit and common interest may apply to the Court for an order that the duty be performed.

60(2)The Court may order that the duty be performed and may appoint an administrator for the period of time and with the terms and conditions that it considers necessary.

60(3)An administrator appointed under subsection (2)

60(4)An administrator shall be paid for the administrator’s services by the corporation, which payments are common expenses.

60(5)Nothing in this section restricts the remedies otherwise available for failure to perform any duty imposed by this Act.

61(1)A corporation shall be liable to pay an administrative penalty of not less than $1,000 and not more than $10,000, as provided for in the regulations, if within 30 days after receiving a notice from the Director requiring it to comply, the corporation fails to

61(2)A notice given under subsection (1) shall be given in the manner provided for in the regulations.

61(3)An administrative penalty shall be paid to Service New Brunswick.

61(4)Service New Brunswick may sue for and recover the administrative penalty in an action in any court as if the amount were a debt.

61(5)The Director may waive an administrative penalty that a corporation would otherwise be liable to pay under this section in the circumstances prescribed by regulation.

62(2)A corporation that receives a notice under subsection 61(1) may request that the President review the Director’s decision to issue the notice by applying to the President within 10 days after receiving the notice.

62(3)The President shall conduct the review requested in subsection (1) in accordance with the regulations.

62(4)Following the review of a decision of the Director under this section, the President may uphold, vary or rescind the decision of the Director.

62(5)A decision of the President under this section is final.

63(1)The expropriation of part of the common elements shall not terminate the governance of the condominium property by this Act.

63(2)The expropriation of all of a condominium property shall terminate the governance of the condominium property by this Act.

63(3)The expropriation of all of a condominium property shall not make the expropriating authority a member of the corporation.

65(1)The Lieutenant-Governor in Council may make regulations

65(2)Any provision of any regulation may be made applicable to all condominium properties or to any class of condominium property.