Acts and Regulations

C-16.05 - Condominium Property Act

Full text
Declaration - contents
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:
(a) a statement of intention that the land and interests appurtenant to the land described in the description be governed by this Act;
(b) a statement of the interest of the owner in the land and interests appurtenant to the land described in the description;
(c) the consent of all persons having registered encumbrances against the land or interests appurtenant to the land described in the description;
(d) the proportions of the common interests, expressed in percentages;
(e) the proportions in which the owners are to contribute to the common expenses, expressed in percentages allocated to the units;
(f) an address for service for the corporation, and the mailing address of the corporation if it differs from its address for service;
(g) the proportions in which the owners are to have voting rights in the corporation, expressed in percentages allocated to the units;
(h) a statement of the common expenses;
(i) a statement respecting any parts of the common elements that are for the exclusive use of the owners of one or more designated units;
(j) provisions respecting the occupation and use of the units and common elements;
(k) any restrictions on gifting, leasing or selling the units and common interests;
(l) the duties of the corporation, which shall be consistent with its objects;
(m) the duties of the corporation and the rights of the owners if all or part of the condominium property is expropriated;
(n) the majority required to make by-laws of the corporation;
(o) the manner of regulating the assessment and collection of contributions toward the common expenses;
(p) any allocation of the obligations to repair and to maintain the units and common elements;
(q) the majority required to permit the corporation to lease part of the common elements under paragraph 19(7)(e);
(r) the majority required to make a substantial addition, alteration, improvement or renovation to the common elements of the corporation under subsection 42(1);
(s) what constitutes a substantial addition, alteration, improvement or renovation to the common elements under subsection 42(1);
(t) the majority required to make a substantial change in the assets of the corporation under subsection 42(1);
(u) what constitutes a substantial change in the assets of the corporation under subsection 42(1);
(v) the majority required for a sale of part of the common elements under section 47;
(w) what constitutes substantial damage to a building under section 49;
(x) the majority required to authorize repairs under section 49;
(y) the majority required under section 54 to terminate the governance of the condominium property by this Act; and
(z) any other matters concerning the condominium property.
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.
Declaration - contents
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:
(a) a statement of intention that the land and interests appurtenant to the land described in the description be governed by this Act;
(b) a statement of the interest of the owner in the land and interests appurtenant to the land described in the description;
(c) the consent of all persons having registered encumbrances against the land or interests appurtenant to the land described in the description;
(d) the proportions of the common interests, expressed in percentages;
(e) the proportions in which the owners are to contribute to the common expenses, expressed in percentages allocated to the units;
(f) an address for service for the corporation, and the mailing address of the corporation if it differs from its address for service;
(g) the proportions in which the owners are to have voting rights in the corporation, expressed in percentages allocated to the units;
(h) a statement of the common expenses;
(i) a statement respecting any parts of the common elements that are for the exclusive use of the owners of one or more designated units;
(j) provisions respecting the occupation and use of the units and common elements;
(k) any restrictions on gifting, leasing or selling the units and common interests;
(l) the duties of the corporation, which shall be consistent with its objects;
(m) the duties of the corporation and the rights of the owners if all or part of the condominium property is expropriated;
(n) the majority required to make by-laws of the corporation;
(o) the manner of regulating the assessment and collection of contributions toward the common expenses;
(p) any allocation of the obligations to repair and to maintain the units and common elements;
(q) the majority required to permit the corporation to lease part of the common elements under paragraph 19(7)(e);
(r) the majority required to make a substantial addition, alteration, improvement or renovation to the common elements of the corporation under subsection 42(1);
(s) what constitutes a substantial addition, alteration, improvement or renovation to the common elements under subsection 42(1);
(t) the majority required to make a substantial change in the assets of the corporation under subsection 42(1);
(u) what constitutes a substantial change in the assets of the corporation under subsection 42(1);
(v) the majority required for a sale of part of the common elements under section 47;
(w) what constitutes substantial damage to a building under section 49;
(x) the majority required to authorize repairs under section 49;
(y) the majority required under section 54 to terminate the governance of the condominium property by this Act; and
(z) any other matters concerning the condominium property.
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.