Acts and Regulations

C-16.05 - Condominium Property Act

Section 44
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Full text
Amendments to descriptions
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:
(a) proof of the consent referred to in subsection (1) satisfactory to the Director; and
(b) a copy of the amendment executed by the officers in a form acceptable to the Director.
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.
Amendments to descriptions
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:
(a) proof of the consent referred to in subsection (1) satisfactory to the Director; and
(b) a copy of the amendment executed by the officers in a form acceptable to the Director.
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.