Condominium Act, 1998 - CCI Toronto

1 1 Condominium Act, 1998 , c. 19 Amended by: 2000, c. 26, Sched. B, s. : This Act comes into force on a day to be named by proclamation of theLieutenant Governor. See: 1998 , c. 19, s. IDEFINITIONSD efinitions1. (1) In this Act, annual general meeting means a meeting of the owners of a corporation held inaccordance with subsection 45 (2); ( assembl e g n rale annuelle ) approval authority means the approval authority for the purposes of sections 51, of the Planning Act; ( autorit approbatrice ) auditor means a person licensed as a public accountant under the Public AccountancyAct who is appointed as an auditor of a corporation under section 60; ( v rificateur ) board means the board of directors of a corporation; ( conseil ) building means a building included in a property; ( b timent ) by-law means a by-law of a corporation; ( r glement administratif ) claim includes a right, title, interest, encumbrance or demand of any kind affecting landbut does not include the interest of an owner in the owner s unit or common interest.

2 ( r clamation ) common elements means all the property except the units; ( parties communes ) common elements Condominium corporation means a common elements condominiumcorporation described in subsection 138 (2); ( association condominiale de partiescommunes ) common expenses means the expenses related to the performance of the objects andduties of a corporation and all expenses specified as common expenses in this Act or ina declaration; ( d penses communes )2 common interest means the interest in the common elements appurtenant to,(a) a unit, in the case of all corporations except a common elements condominiumcorporation, or(b) an owner s parcel of land to which the common interest is attached and which isdescribed in the declaration, in the case of a common elements condominiumcorporation; ( int r t commun ) common surplus means the excess of all receipts of the corporation over the expensesof the corporation; ( exc dent commun ) corporation means a corporation created or continued under this Act; ( association ) declarant means a person who owns the freehold or leasehold estate in the landdescribed in the description and who registers a declaration and description under thisAct, and includes a successor or assignee of that person but does not include apurchaser in good faith of a unit who pays fair market value or a successor or assigneeof the purchaser; ( d clarant ) declaration means a declaration registered under section 2 and all amendments to thedeclaration; ( d claration ) deed includes a transfer under the Land Titles Act.

3 ( acte scell ) description means a description registered under section 2 and all amendments to thedescription; ( description ) encumbrance means a claim that secures the payment of money or the performance ofany other obligation and includes a charge under the Land Titles Act, a mortgage and alien; ( s ret r elle ) freehold Condominium corporation means a corporation in which all the units and theirappurtenant common interests are held in fee simple by the owners; ( associationcondominiale de propri t franche ) leasehold Condominium corporation means a corporation in which all the units andtheir appurtenant common interests are subject to leasehold interests held by theowners; ( association condominiale de propri t bail ) lessor , in relation to a leasehold Condominium corporation, means the person who ownsthe freehold estate in the land described in the description; ( bailleur )3 Minister means the minister responsible for the administration of this Act; ( ministre ) mortgage includes a charge under the Land Titles Act, in which case mortgagor and mortgagee mean the chargor and the chargee under the charge; ( hypoth que , d biteur hypoth caire , cr ancier hypoth caire ) municipality means a city, town, village, township or county and includes ametropolitan, regional or district municipality and the County of Oxford.

4 ( municipalit ) owner means,(a) in relation to a corporation other than a leasehold Condominium corporation or acommon elements Condominium corporation, a person who owns a freehold interestin a unit and its appurtenant common interest and who is shown as the owner in therecords of the land registry office in which the description of the corporation isregistered, and includes a mortgagee in possession and a declarant with respect toany unit that the declarant has not transferred to another person,(b) in relation to a leasehold Condominium corporation, a person who owns a leaseholdinterest in a unit and its appurtenant common interest and who is shown as theowner in the records of the land registry office in which the description of thecorporation is registered, and includes a mortgagee in possession and a declarantwith respect to any unit in which the declarant has not transferred the leaseholdinterest to another person but does not include a tenant of the owner,(c)

5 In relation to a common elements Condominium corporation, a person, including thedeclarant, who owns a common interest in the common elements and a freeholdinterest in the parcel of land to which the common interest is attached as describedin the declaration and who is shown as the owner in the records of the land registryoffice in which the description of the corporation is registered; ( propri taire ) phased Condominium corporation means a phased Condominium corporation to whichPart XI applies; ( association condominiale constitu e par tape ) prescribed means prescribed by the regulations made under this Act; ( prescrit ) property means the land, including the buildings on it, and interests appurtenant to theland, as the land and interests are described in the description and includes all land andinterests appurtenant to land that are added to the common elements; ( propri t )4 proposed property means the property described in the declaration and description thatare required to be registered to designate a proposed unit as a unit under this Act;( propri t projet e ) proposed unit means land described in an agreement of purchase and sale that providesfor delivery to the purchaser of a deed in registerable form after a declaration anddescription have been registered in respect of the land; ( partie privative projet e ) purchaser of a unit , in relation to a leasehold Condominium corporation, means thepurchaser of an owner s interest in a unit and the appurtenant common interest;( acqu reur d une partie privative ) registered means registered under the Land Titles Act or the Registry Act and register and registration have corresponding meanings.

6 ( enregistr , enregistrer , enregistrement ) reserve fund means a reserve fund established under section 93; ( fonds de r serve ) reserve fund study means a reserve fund study described in section 94; ( tude dufonds de r serve ) rule means a rule of a corporation; ( r gle ) status certificate means a status certificate described in section 76; ( certificatd information ) unit means a part of the property designated as a unit by the description and includesthe space enclosed by its boundaries and all of the land, structures and fixtures withinthis space in accordance with the declaration and description; ( partie privative ) vacant land Condominium corporation means a vacant land Condominium corporationdescribed in subsection 155 (2). ( association condominiale de terrain nu ) 1998 , c. 19,s. 1 (1).Ownership of land(2) For the purposes of this Act, the ownership of land or of a leasehold interest in landincludes the ownership of space or of a leasehold interest in space respectively.

7 1998 ,c. 19, s. 1 (2).Proposed declarant(3) A reference to a declarant in this Act shall be deemed to include, where applicable,a person who proposes or intends to register a declaration and description. 1998 , c. 19,s. 1 (3).5 PART IIREGISTRATION AND CREATIONCREATIONR egistration2. (1) Subject to the regulations made under this Act and subsection (2), adeclaration and description may be registered by or on behalf of the person who owns thefreehold or leasehold estate in the land described in the description. 1998 , c. 19, s. 2 (1).Restriction(2) A declaration and description for a freehold Condominium corporation shall not beregistered by or on behalf of a person who does not own the freehold estate in the landdescribed in the description. 1998 , c. 19, s. 2 (2).Effect of registration(3) Upon registration of a declaration and description,(a) this Act governs the land and the interests appurtenant to the land, as the landand the interests are described in the description;(b) the land described in the description is divided into units and commonelements in accordance with the description; and(c) a Condominium corporation is created.

8 1998 , c. 19, s. 2 (3).Place of registration3. (1) The declaration and description shall be registered in,(a) the land titles division of the land registry office within the boundaries ofwhich division the land described in the description is situated, if the landregistry office has a land titles division; or(b) the registry division of the land registry office within the boundaries ofwhich division the land described in the description is situated, if the landregistry office does not have a land titles division. 1998 , c. 19, s. 3 (1).Index(2) A land registrar in whose office a declaration and description are registered shallkeep an index of the corporations created by the registrations. 1998 , c. 19, s. 3 (2).6 Same(3) The index mentioned in subsection (2) shall be in the form approved by theDirector of Titles appointed under section 9 of the Land Titles Act and shall be known inEnglish as the Condominium Corporations Index and in French as R pertoire desassociations condominiales.

9 1998 , c. 19, s. 3 (3). Condominium register(4) A land registrar in whose office a declaration and description are registered shallkeep a register in the form approved by the Director of Titles to be known in English asthe Condominium Register and in French as Registre des condominiums. 1998 , c. 19,s. 3 (4).Contents of Condominium register(5) Declarations, descriptions, by-laws, notices of termination and other instrumentsrespecting land governed by this Act shall be registered and recorded in theCondominium Register in accordance with the regulations made under this Act and theinstructions of the Director of Titles. 1998 , c. 19, s. 3 (5).Real property Acts4. (1) The Land Titles Act or the Registry Act, as the case may be, applies in respectof property governed by this Act but, if the provisions of either of those Acts conflictwith the provisions of this Act, the provisions of this Act prevail.

10 1998 , c. 19, s. 4 (1).Rights of tenants(2) The registration of a declaration and description shall not terminate or otherwiseaffect the rights under the Tenant Protection Act, 1997 of a person who, at the time of theregistration, is a tenant of the property or of a part of the property. 1998 , c. 19, s. 4 (4).No termination of tenancy(3) The registration of a declaration and description does not constitute grounds for alandlord to give notice of termination under Part III of the Tenant Protection Act, 1997 toa tenant described in subsection (2). 1998 , c. 19, s. 4 (4).(4) SPENT: 1998 , c. 19, s. 4 (4).Corporation5. (1) A corporation created or continued under this Act is a corporation withoutshare capital whose members are the owners. 1998 , c. 19, s. 5 (1).Name(2) The land registrar shall assign a name to each corporation in accordance with theregulations made under this Act.