Acts and Regulations

C-16.05 - Condominium Property Act

Full text
Definitions and interpretation
1(1)The following definitions apply in this Act.
“board” means the board of directors of a corporation.(conseil)
“buildings” means the buildings included in a condominium property.(bâtiments)
“by-law” means a by-law of a corporation.(règlement administratif)
“claim” includes a right, title, interest, encumbrance or demand of any kind affecting land, but does not include the interest of an owner in the owner’s unit and common interest.(créance)
“common elements” means all the condominium property except the units.(parties communes)
“common expenses” means the expenses related to the performance of the objects and duties of a corporation and any expenses specified as common expenses in a declaration.(dépenses communes)
“common interest” means the interest in the common elements appurtenant to a unit.(intérêt commun)
“condominium property” means the freehold land and interests appurtenant to the land described in a description, and includes any freehold land and interests appurtenant to land that are added to the common elements.(propriété condominiale)
“corporation” means a corporation incorporated under this Act.(association)
“Court” means The Court of King’s Bench of New Brunswick.(cour)
“declarant” means a person who or on whose behalf a declaration and description are submitted for approval for registration.(déclarant)
“Director” means the Director of Condominiums appointed under subsection 2(2).(directeur)
“encumbrance” means a claim that secures the payment of money and includes a mortgage and a lien.(charge)
“land” includes an air space parcel as defined in the Air Space Act.(bien-fonds)
“occupant” means a person, other than an owner, who is lawfully in possession of a unit under an agreement including a lease.(occupant)
“owner” means the owner or owners of the freehold estate in a unit and common interest, but does not include a mortgagee unless he or she is in possession.(propriétaire)
“phase” means the additional units and common elements in a phased-development condominium property that are created on the registration of an amendment to a declaration and description.(étape)
“registered” means registered under the Land Titles Act or under the Registry Act.(enregistré)
“registrar of land titles” means the registrar of land titles, District of New Brunswick, appointed under the Land Titles Act.(registrateur des titres de biens-fonds)
“reserve fund study” means a study undertaken to determine a funding plan that adequately offsets expenditures for substantial repair and replacement of common elements.(étude du fonds de réserve)
“surveyor” means a land surveyor registered under the New Brunswick Land Surveyors Act, 1986.(arpenteur-géomètre)
“unit” means any part of a condominium property included in the property’s description and designated as a unit by the description, and includes the space enclosed by its boundaries and all the material parts of the condominium property within this space in accordance with the declaration and description.(partie privative)
1(2)For the purposes of this Act, the ownership of an estate in land includes the ownership of space.
2023, c.17, s.37
Definitions and interpretation
1(1)The following definitions apply in this Act.
“board” means the board of directors of a corporation.(conseil)
“buildings” means the buildings included in a condominium property.(bâtiments)
“by-law” means a by-law of a corporation.(règlement administratif)
“claim” includes a right, title, interest, encumbrance or demand of any kind affecting land, but does not include the interest of an owner in the owner’s unit and common interest.(créance)
“common elements” means all the condominium property except the units.(parties communes)
“common expenses” means the expenses related to the performance of the objects and duties of a corporation and any expenses specified as common expenses in a declaration.(dépenses communes)
“common interest” means the interest in the common elements appurtenant to a unit.(intérêt commun)
“condominium property” means the freehold land and interests appurtenant to the land described in a description, and includes any freehold land and interests appurtenant to land that are added to the common elements.(propriété condominiale)
“corporation” means a corporation incorporated under this Act.(association)
“Court” means The Court of Queen’s Bench of New Brunswick.(cour)
“declarant” means a person who or on whose behalf a declaration and description are submitted for approval for registration.(déclarant)
“Director” means the Director of Condominiums appointed under subsection 2(2).(directeur)
“encumbrance” means a claim that secures the payment of money and includes a mortgage and a lien.(charge)
“land” includes an air space parcel as defined in the Air Space Act.(bien-fonds)
“occupant” means a person, other than an owner, who is lawfully in possession of a unit under an agreement including a lease.(occupant)
“owner” means the owner or owners of the freehold estate in a unit and common interest, but does not include a mortgagee unless he or she is in possession.(propriétaire)
“phase” means the additional units and common elements in a phased-development condominium property that are created on the registration of an amendment to a declaration and description.(étape)
“registered” means registered under the Land Titles Act or under the Registry Act.(enregistré)
“registrar of land titles” means the registrar of land titles, District of New Brunswick, appointed under the Land Titles Act.(registrateur des titres de biens-fonds)
“reserve fund study” means a study undertaken to determine a funding plan that adequately offsets expenditures for substantial repair and replacement of common elements.(étude du fonds de réserve)
“surveyor” means a land surveyor registered under the New Brunswick Land Surveyors Act, 1986.(arpenteur-géomètre)
“unit” means any part of a condominium property included in the property’s description and designated as a unit by the description, and includes the space enclosed by its boundaries and all the material parts of the condominium property within this space in accordance with the declaration and description.(partie privative)
1(2)For the purposes of this Act, the ownership of an estate in land includes the ownership of space.
Definitions and interpretation
1(1)The following definitions apply in this Act.
“board” means the board of directors of a corporation.(conseil)
“buildings” means the buildings included in a condominium property.(bâtiments)
“by-law” means a by-law of a corporation.(règlement administratif)
“claim” includes a right, title, interest, encumbrance or demand of any kind affecting land, but does not include the interest of an owner in the owner’s unit and common interest.(créance)
“common elements” means all the condominium property except the units.(parties communes)
“common expenses” means the expenses related to the performance of the objects and duties of a corporation and any expenses specified as common expenses in a declaration.(dépenses communes)
“common interest” means the interest in the common elements appurtenant to a unit.(intérêt commun)
“condominium property” means the freehold land and interests appurtenant to the land described in a description, and includes any freehold land and interests appurtenant to land that are added to the common elements.(propriété condominiale)
“corporation” means a corporation incorporated under this Act.(association)
“Court” means The Court of Queen’s Bench of New Brunswick.(cour)
“declarant” means a person who or on whose behalf a declaration and description are submitted for approval for registration.(déclarant)
“Director” means the Director of Condominiums appointed under subsection 2(2).(directeur)
“encumbrance” means a claim that secures the payment of money and includes a mortgage and a lien.(charge)
“land” includes an air space parcel as defined in the Air Space Act.(bien-fonds)
“occupant” means a person, other than an owner, who is lawfully in possession of a unit under an agreement including a lease.(occupant)
“owner” means the owner or owners of the freehold estate in a unit and common interest, but does not include a mortgagee unless he or she is in possession.(propriétaire)
“phase” means the additional units and common elements in a phased-development condominium property that are created on the registration of an amendment to a declaration and description.(étape)
“registered” means registered under the Land Titles Act or under the Registry Act.(enregistré)
“registrar of land titles” means the registrar of land titles, District of New Brunswick, appointed under the Land Titles Act.(registrateur des titres de biens-fonds)
“reserve fund study” means a study undertaken to determine a funding plan that adequately offsets expenditures for substantial repair and replacement of common elements.(étude du fonds de réserve)
“surveyor” means a land surveyor registered under the New Brunswick Land Surveyors Act, 1986.(arpenteur-géomètre)
“unit” means any part of a condominium property included in the property’s description and designated as a unit by the description, and includes the space enclosed by its boundaries and all the material parts of the condominium property within this space in accordance with the declaration and description.(partie privative)
1(2)For the purposes of this Act, the ownership of an estate in land includes the ownership of space.
Definitions and interpretation
1(1)The following definitions apply in this Act.
“board” means the board of directors of a corporation.(conseil)
“buildings” means the buildings included in a condominium property.(bâtiments)
“by-law” means a by-law of a corporation.(règlement administratif)
“claim” includes a right, title, interest, encumbrance or demand of any kind affecting land, but does not include the interest of an owner in the owner’s unit and common interest.(créance)
“common elements” means all the condominium property except the units.(parties communes)
“common expenses” means the expenses related to the performance of the objects and duties of a corporation and any expenses specified as common expenses in a declaration.(dépenses communes)
“common interest” means the interest in the common elements appurtenant to a unit.(intérêt commun)
“condominium property” means the freehold land and interests appurtenant to the land described in a description, and includes any freehold land and interests appurtenant to land that are added to the common elements.(propriété condominiale)
“corporation” means a corporation incorporated under this Act.(association)
“Court” means The Court of Queen’s Bench of New Brunswick.(cour)
“declarant” means a person who or on whose behalf a declaration and description are submitted for approval for registration.(déclarant)
“Director” means the Director of Condominiums appointed under subsection 2(2).(directeur)
“encumbrance” means a claim that secures the payment of money and includes a mortgage and a lien.(charge)
“land” includes an air space parcel as defined in the Air Space Act.(bien-fonds)
“occupant” means a person, other than an owner, who is lawfully in possession of a unit under an agreement including a lease.(occupant)
“owner” means the owner or owners of the freehold estate in a unit and common interest, but does not include a mortgagee unless he or she is in possession.(propriétaire)
“phase” means the additional units and common elements in a phased-development condominium property that are created on the registration of an amendment to a declaration and description.(étape)
“registered” means registered under the Land Titles Act or under the Registry Act.(enregistré)
“registrar of land titles” means the registrar of land titles, District of New Brunswick, appointed under the Land Titles Act.(registrateur des titres de biens-fonds)
“reserve fund study” means a study undertaken to determine a funding plan that adequately offsets expenditures for substantial repair and replacement of common elements.(étude du fonds de réserve)
“surveyor” means a land surveyor registered under the New Brunswick Land Surveyors Act, 1986.(arpenteur-géomètre)
“unit” means any part of a condominium property included in the property’s description and designated as a unit by the description, and includes the space enclosed by its boundaries and all the material parts of the condominium property within this space in accordance with the declaration and description.(partie privative)
1(2)For the purposes of this Act, the ownership of an estate in land includes the ownership of space.