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.

44.1(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.