Acts and Regulations

C-16.05 - Condominium Property Act

Full text
Arbitration
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:
(a) the corporation and an owner;
(b) the corporation and a person who has agreed with the corporation to manage the condominium property;
(c) the corporation and any other corporation created or continued under this Act; and
(d) two or more owners.
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
(a) the requirements for an arbitrator, and
(b) the maximum fees that may be charged by an arbitrator.
Arbitration
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:
(a) the corporation and an owner;
(b) the corporation and a person who has agreed with the corporation to manage the condominium property;
(c) the corporation and any other corporation created or continued under this Act; and
(d) two or more owners.
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
(a) the requirements for an arbitrator, and
(b) the maximum fees that may be charged by an arbitrator.