Condominium Property Act, 2001

Section Short title Section This Act may be cited as the Condominium Property Act, 2001.

Section Interpretation Section In this Act, unless the context otherwise requires — " annual general meeting " means a meeting convened in accordance with section 28 ; " armotisation period " means the period within which all liabilities in respect of a charge must be discharged; " board " means a management board elected under section 26 ; " building " means— (a) any structure, whether of a temporary or permanent nature, and, irrespective of the materials used in its erection, erected or used for or in connection with— (i) accommodation or convenience of human beings or animals; (ii) the manufacture, processing, storage or sale of any goods; (iii) the rendering of any service; (iv) the destruction or treatment of refuse or other waste material; (v) the cultivation or growing of any plant or crop; (b) a swimming pool, reservoir, bridge, tower or any other structure connected with it; (c) a fuel pump or tank used in connection with the pump; (d) an electrical installation or any other installation connected with it; (e) gas supply installation or any installation connected with it; and (f) any other part of a building or installation connected to the building; " certificate of title...

Section Condominium plan to conform to certain requirements Section The Registrar shall not register a plan as a condominium plan unless— that plan, in its heading, is described as a condominium plan ; there is indicated in that plan, a delineation of the external surface boundaries of the parcel and the location of the building in relation to them; the plan includes a drawing illustrating the units and distinguishing the units by numbers or other symbols; the boundaries of each unit are clearly defined in the plan; the approximate floor area of each unit is clearly shown in the plan; the plan is accompanied by a schedule specifying in whole numbers the unit factor for each unit in the parcel ; the plan is accompanied by a statement containing such particulars as are necessary to identify the title to the parcel ; the plan is accompanied by the certificates referred to in section 11 ; the plan is signed by the proprietor ; the plan contains the address at which documents are to be served on the relevant corporation in accordance with section 54 ; and the plan contains any other particulars prescribed by or under regulations . In the case of a condominium plan that includes resident...

Section Condomi­nium plan to be accompa­nied by certificates Section A condominium plan referred to in section 10 shall be accompanied by— Where an application is made for a certificate under subsection (1) (b), the local authority — a certificate of a registered surveyor to the effect that the structure shown on the plan is within the external surface boundaries of the parcel which is the subject of the plan, and if there are projections beyond those external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel ; and a certificate of a local authority to the effect that the proposed division of the structure as shown on the plan has been approved by the local authority in accordance with any enactment regulating building construction. In the case of a condominium plan in respect of a building or structure that is to be brought under the operation of this Act, the plan shall, before it is registered, be accompanied by a certificate of an architect registered under the Architects Registration Statute 1996, to the effect that the units indicated in the plan correlate with the existing structure. may, in respect of a building or structure construc...

Section Boundaries of units Section Unless otherwise provided in the condominium plan— a boundary of a unit is described by reference to floor, wall or ceiling; or where a wall located within a unit is a load bearing wall, the only portion of that floor, wall or ceiling as the case may be, that forms part of the unit, the boundary shall be the finishing material that is in the interior of that unit, including any lath and plaster, paneling, gypsum board panels, flooring, material or coverings or any other material that is attached, laid, glued or applied to the floor, wall or ceiling, as the case may be. Notwithstanding subsection (1), all doors and windows of a unit are part of the unit unless otherwise provided in the condominium plan.

Section Conversion of premises to units Section If a building contains premises that are— rented to a tenant who is not a party to a sale agreement ; and not included in a condominium plan ;

Section Copies of condominium plan for assessing rates, etc. Section A corporation shall, within twenty eight days after the registration of a condominium plan or amendment to the plan, furnish a rating authority with two copies of the condominium plan certified by the Registrar . For purposes of assessing, levying or recovery of rates, charges or taxation in relation to the property or a part of it, the particulars shown on the certified copies of the condominium plan furnished under subsection (1), shall be conclusive proof of those particulars.

Section Division of building into units Section A proprietor or developer of an existing or planned building may divide the building into two or more units by registering with the Registrar a condominium plan in accordance with this Act. The condominium plan shall be presented for registration in quadruplicate and shall indicate the number of units into which the building is divided. The developer in depositing a plan with the Registrar under subsection (1) may indicate whether the plan will be developed at once or in successive phases. Where a plan is to be developed in phases, it shall be known as a phased condominium plan . Where the developer deposits a phased condominium plan in accordance with subsections (1) and (3), the developer shall indicate a time-table for the development of the various phases.

Section Register of condomi­nium property, etc. Section The Registrar shall, upon an application for registration of a condominium plan , close the part of the Register relating to the parcel described in the plan, and open a separate part for each unit described in the plan, and shall, upon the payment of the prescribed fee, issue a certificate of title in respect of the unit . The Registrar shall preserve the closed part of the Register referred to in subsection (1).

Section Application of the Registration of Titles Act Section The provisions of the Registration of Titles Act relating to registration techniques, procedures and practices shall, unless otherwise provided in this Act, apply to the registration of land dealings under this Act. A certificate of title issued in respect of a unit comprised in a condominium plan registered under this Act shall, upon registration of the plan, be deemed to have been issued under the Registration of Titles Act. A proprietor of a unit in respect of which part of the Register is opened under section 4 may, subject to this Act, sell, transfer, lease, charge, or otherwise deal with that unit in the same manner and form as land held under the Registration of Titles Act.

Section Entering of interests on register of units, etc. Section Any interests affecting the parcel which were entered on the part of the register closed under section 4 shall be endorsed on the separate parts opened under that section and on the certificates of title issued under that section to the extent of the unit factor. Any interest affecting a unit comprised in a condominium plan registered under section 4 but not endorsed on the separate part of the Register shall be endorsed on the separate part of the Register of the unit opened under section 4 and on the certificate of title issued in respect of that unit.

Section Common property Section The Registrar shall, upon opening a separate part of the Register for a unit under section 4 , record in that part the unit factor, and shall record that unit factor on the certificate of title issued in respect of the unit. The common property comprised in a registered condominium plan shall be held by the owners of all the units as tenants in common in shares proportional to the unit factors for their respective units. Subsection (2) of this section shall apply as if there were different owners for each of the units where, prior to the sale, the developer is the owner of all the units. A share in the common property shall not, subject to this Act, be disposed of or become subject to a charge except as appurtenant to the unit of an owner . A disposition of, or a charge on a unit shall operate to dispose of or charge that share in the common property without express reference to it.

Section Subdivision of units, etc. Section A proprietor of a unit may, in accordance with this Act, and with the approval of a local authority , subdivide or consolidate his or her unit by registering with the Registrar a condominium plan relating to the unit intended to be subdivided or consolidated. Except as provided in this section, the provisions of this Act relating to condominium plans shall apply with all necessary modifications to a sub-division or consolidation of units. A unit comprised in a condominium plan of sub­division or consolidation shall, upon the registration of a condominium plan of sub-division or consolidation, be subject to the burden and have the benefit of any easements that affect units in the original condominium plan . There shall be indicated in the schedule accompanying a condominium plan of subdivision or consolidation, the apportionment among the units and the unit factor for the unit or units in the original condominium plan . The Registrar shall, before accepting to register a proposed condominium plan of subdivision or consolidation, amend the original condominium plan in accordance with regulations made under this Act. Upon registration of a co...

Section Change of use of unit Section An owner of a unit shall not change the use of his or her unit unless— the corporation has, by unanimous approval, consented to the change of use; and the planning and local authorities have approved the change of use. An owner of a unit shall, where the change of use of a unit under this section results in modifications to the condominium plan , submit to the Registrar , a modified condominium plan . The Registrar shall, on receipt of a modified condominium plan under subsection (2) append the plan as an annex to the condominium plan of the condominium property registered under section 4 .

Section Incidental rights of owners of common property, etc. Section Common property and each unit comprised in a registered condominium plan shall have as appurtenant to it, such rights of— support, shelter and protection; passage or provision of water, sewerage, drainage, gas, electricity, garbage and air; passage or provision of telephone, radio and television services; and any other service of whatever nature, Common property and each unit comprised in a condominium plan shall have as appurtenant to it a right to full, free and uninterrupted access and use of light through or from any windows, doors or other apertures existing at the date of the registration of the condominium plan . The rights created by this section shall carry with them all ancillary rights necessary to make them effective as if they were easements. Nothing in this section shall affect any parcel other than the parcel to which the condominium plan relates.

Section Easements in favour of unit owner Section After the registration of a condominium plan , there is implied in favour of each unit shown on the plan, in favour of the owner of the unit and as appurtenant to the unit — an easement of the subjacent and lateral support of the unit by the common property and by every other unit capable of affording support; an easement for the shelter of the unit by the common property and by every other unit capable of affording shelter; and an easement for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services including telephone, radio and television services through or by means of any pipes, wires, cables or ducts for the time being existing in the parcel to the extent to which those pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the unit .

Section Easements against owner of unit Section After the registration of a condominium plan , there is implied in respect of each unit shown on the condominium plan as against the owner of a unit , an easement to which the unit is subject— for the subjacent and lateral support of the common property and of every other unit capable of enjoying support; to provide shelter to the common property and to any unit capable of enjoying shelter; and for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services including telephone, radio and television services through or by means of any pipes, wires, cables or ducts for the time being existing within the unit as appurtenant to the common property and also to every other unit capable of enjoying those easements. When an easement is implied by this section, the owner of any utility service providing a service to the parcel , or to any unit on it, is entitled to the benefit of any of those easements which are appropriate to the proper provision of the service, but not to the exclusion of the owner of any other utility service.

Section Implied easements, ancillary rights and obligations Section Easements or restrictions to all ancillary rights and obligations as to user implied or created by this Act or by the bye-laws take effect and are enforceable without any memorial notification on the parts of the Register constituting titles to the dominant or servient tenements. All ancillary rights and obligations reasonably necessary to make easements effective shall apply in respect of easements implied by this Act, including the right of an owner of a dominant tenement to enter a servient tenement and replace, renew or restore anything from which the dominant tenement is entitled to benefit.

Section Liability of unit owner Section The owner of a unit shall only be liable in respect of an interest entered on the condominium plan in proportion to the unit factor for his or her unit .

Section Establish­ment of a corporation Section There shall, upon the registration of a condominium plan , be constituted in respect of any building or structure to which the plan relates, a corporation which shall operate under the name— “The Owners, Condominium Plan No....”. The number to be specified under subsection (1) shall be the number given to the plan upon registration. A corporation shall consist of persons who own units in the parcel to which the condominium plan relates. The corporation shall have perpetual succession and a common seal and shall sue and be sued in its corporate name. The Secretary of the corporation shall keep custody of the corporation seal. The common seal of the corporation shall be authenticated by the signature of the chairperson or of any other member authorised in writing by the board and the Secretary. The Companies Act shall not apply to a corporation established under subsection (1).

Section Functions of a corporation Section The functions of a corporation are— Without limiting the general effect of subsection (1), the duties of a corporation include the following— to manage the common property ; to keep the common property in a state of good repair; to establish and maintain a fund for administrative expenses sufficient, in the opinion of the corporation , for the control, management, and administration of the common property , and for the payment of any insurance premiums, rent and the discharge of any other obligation of the corporation ; to determine from time to time the amounts to be paid for the purposes described in paragraph(c); to raise amounts determined under paragraph (d) by levying contributions on the properties in proportion to the unit entitlement of their respective units; to insure and keep insured buildings and other improvements on the parcel against fire; to effect such other insurance as required by law, or as it may consider expedient; to pay the premiums in respect of any policies of insurance effected by it; to do all things reasonably necessary for the enforcement of any contract of insurance entered into by it under this section; to...

Section Dealings affecting common property Section Where the board is satisfied that a unanimous resolution under subsection (3) was properly passed and that all persons having registered interests, other than statutory interests notified to the corporation — The following shall apply to a transfer or lease executed in accordance with subsection (3)— The Registrar shall not register a transfer or lease authorised under this section unless it is accompanied by a certificate under the seal of the corporation to the effect that— The certificate referred to in subsection (7)— Any instrument evidencing any transfer, lease, grant of easement , or other dealing affecting common property or land that is to become part of the common property may be executed by a corporation , if the transfer, lease, grant, or dealing has been approved by a unanimous resolution of the corporation . A certificate under the common seal of the corporation that approval has been given shall be sufficient evidence of the approval unless the contrary is proved. A corporation may, by a unanimous resolution , transfer or lease the common property or any part of it, or to grant an easement on the whole or part of the...

Section Registration of transfers of common property Section The Registrar shall register any transfer to which subsection (1) refers by— An instrument of transfer of any part of the common property shall, in addition to any plan that the Registrar may require to be deposited under section 4 , be accompanied by a revised condominium plan under the same number. Where any unit is subject to any existing registered charge , lease, or sublease, the Registrar shall not register any transfer of the whole or any part or parts of the common property until there has been produced to him or her a consent in writing by every registered chargee, lessee, and sub-lessee. causing an appropriate memorial relating to the transfer to be noted on the revised unit plan and on the relevant part of the Register ; and issuing, in the name of the transferee, a certificate of title for the land transferred.

Section Voting rights Section When an owner ’s interest is subject to a registered charge , a power of voting conferred on any owner by this Act or by the bye-laws— The voting rights of the owner of a unit shall be determined by the unit factor of the unit . shall, where a unanimous resolution is required, be exercised by the registered chargee first entitled in priority; and in any other case, be exercised by the chargee in priority if he or she is present or by proxy. A chargee shall, upon registration of a charge , notify the corporation in writing of the charge . A chargee whose charge is entered on the part of the Register in accordance with section 6 (1), shall notify the corporation of the existence of the charge within three months after its coming into force. A corporation shall give notice of any meeting to every chargee who has given notice of the charge under subsections (3) and (4). Subsection (2) does not apply unless the chargee has given written notice of his or her charge to the corporation . An owner or chargee, as the case may be, may exercise his or her right to vote personally or by proxy.

Section Voting where owner is incapable Section Any powers of voting conferred by this Act or by the rules may be exercised— If the court , on application by the corporation or by an owner , is satisfied that there is no person capable, willing or available to vote in respect of a unit , the court — in the case of an owner who is a minor, by his or her guardian or where no guardian has been appointed, by the Public Trustee under the Public Trustee Act; in the case of an owner who is for any reason unable to exercise control over his or her property, by the person who for the time being is authorised by law to exercise control over that property. shall, where a unanimous resolution is required by this Act; and may, in any other case, Upon making an appointment under subsection (2) of this section, the court may make an order it considers necessary or expedient to give effect to the appointment.

Section Management board Section There shall be, in respect of every corporation , a management board elected in accordance with the rules . A corporation shall, within fifteen days after a person becomes or ceases to be a member of the board , file at the Land Registry, a notice in the prescribed form stating the name and address of that person and the day on which that person became or ceased to be a member of the board as the case may be. All acts done in good faith by a board , notwithstanding that it is afterwards discovered that there was some defect in the election or continuance in office of the board or any of its members, shall be as valid as if the board or its members had been properly elected or appointed or continued in office.

Section Convening of meetings of corporation Section When a developer registers a condominium plan , the developer shall— within ninety days after the day that fifty percent of the units are sold; or within one hundred and eighty days after the day that the first unit is sold;

Section Annual general meeting Section A board shall, once in each year, convene an annual general meeting of the owners. The first annual general meeting of the owners shall be called within three months after the election of the board . An annual general meeting of the owners shall be convened by the board within fifteen months after the conclusion of the immediately preceding annual general meeting .

Section Managing agent Section The board shall, not more than twenty-eight days after its election, appoint a managing agent for the management of the units, the movable and immovable property of the corporation and the common property . The Minister shall, by regulations made under section 56 prescribe the qualifications of a person to be appointed a managing agent under this section. A managing agent shall perform such functions as may be delegated to him or her by the corporation . Where a managing agent relinquishes his or her appointment, the board shall appoint a new managing agent within twenty days after the effective date of that relinquishment.

Section Rules of a corporation Section A corporation shall make rules to provide for the management of the units and the property of the corporation . The rules may be amended or revoked by a special resolution . An amendment or revocation of a rule shall not take effect until it is registered by the Registrar . No rule shall operate to prohibit or restrict the devolution of units or any transfer, lease or other dealing in the units or to destroy or modify an easement implied or created by this Act. The rules shall bind the corporation and the owners to the same extent as if the rules had been signed and sealed by the corporation and by each owner . The rules shall be deemed to contain covenants on the part of each owner with every other owner and with the corporation , to observe and perform all the provisions of the rules . The rules shall provide for fines which may be imposed for breach of the rules . Notwithstanding section 14 of the Interpretation Decree, 1976, rules made by a corporation under this Act are not statutory instruments.

Section Penalties under rules Section Where an owner or tenant of a unit is in breach of the Rules, he or she is liable to pay a fine prescribed by the rules . An owner or tenant of a unit is liable for breach of a rule in connection with the occupation or use of the unit , whether or not the act or omission constituting the breach was authorised by him or her. An authorized agent of the corporation may advise the corporation on the amount of the fine payable under section 30 (7). A person aggrieved by the decision of the board under subsection (3) may appeal to a court . In order to succeed in an action under subsection (4), the corporation shall establish to the satisfaction of the court , that the rules were properly made. Where an owner or tenant of a unit is in breach of the rules and refuses to pay a fine, the Board may refer the matter to a court . For the purposes of subsection (5), a certified extract from the rules filed with the Registrar General is prima facie proof of its contents, and that the rules were properly made. For the avoidance of doubt, any fine payable under the rules of a corporation shall be taken to be a civil penalty. A corporation may sue for and recov...

Section Habitual offenders Section The managing agent shall refer to a court the case of an owner or tenant of a unit who habitually breaches the rules . For the purposes of this section, an owner or tenant of a unit shall be deemed to be a habitual offender if he or she has breached the rules three or more times within a period of one month. The court may, upon hearing a case referred to it under this section, impose a punitive fine as prescribed in the regulations .

Section Administrative expenses Section A contribution levied as provided in section 21 (1) (e) is due and payable on the passing of a resolution to that effect and in accordance with the terms of the resolution, and may be recovered by an action for debt by the corporation— A corporation shall, on the application of an owner or a person authorised in writing by an owner , certify— A corporation may recover from an owner or a tenant of a unit by an action in debt, amounts payable under the rules or as required by a local authority or public utility authority in respect of a unit or common property which is leased to the owner or tenant under section 38 . from the person who was the owner at the time when the resolution was passed; and from the person who was the owner at the time when the action was instituted, both jointly and severally. the amount payable by the owner ; the manner in which the contribution is payable; a statement of account; and the interest, if any, on any unpaid balance. A certificate issued by the corporation under subsection (3) shall be conclusive proof of the matters certified, unless the contrary is proved. A corporation may present for registration a char...

Section Interest on outstanding account Section A corporation may, if permitted to do so by its rules , charge interest at a rate set out in the rules .

Section Investment Section Notwithstanding section 21 , a corporation may invest any funds not immediately required by it, in accordance with the Public Trustee Act.

Section Information Section A management agent shall, upon a written request for information by an owner , tenant or chargee, and upon payment of a prescribed fee, provide that person with information relating to— the amount of any contribution due and payable in respect of a unit ; any action commenced against the corporation and served on the corporation ; any unsatisfied judgment or order for which the corporation is liable; a written demand made on the corporation for any amount in excess of one currency point that, if not met, may result in an action being brought against the corporation ; any subsisting recreational agreement ; the particulars of, or a copy of any subsisting management agreement ; the budget of the corporation ; any information relating to insurance; the financial statement of the corporation ; and the bye-laws of the corporation . The management agent shall provide the information referred to in subsection (1) within twenty one days after receipt of the request. Where a request is made under subsection (1) and the management agent fails to comply with that subsection, the aggrieved person may refer the matter to the board for appropriate action. A corporatio...

Section Documents required Section A developer shall, within six months after the date on which the condominium plan is registered, provide the corporation , free of charge with the following documents— all warranties and guarantees on the property of the corporation ; structural, electrical, mechanical and architectural working drawings and specification; as-built drawings, if applicable, of the common property of the corporation ; plans showing the location of underground utility services and sewer pipes; all agreements to which the corporation is a party; and all certificates, approvals and permits issued by a local authority , planning authority , the Government or an agent of the government which relate to the property of the corporation . Notwithstanding subsection (1), the corporation may, at any time before it receives a document under subsection (1), require the developer to provide the corporation with any of the documents specified in subsection (1), and the developer shall provide the document within a period of twenty one days, if the document is in the possession of the developer .

Section Exclusive use of areas Section Notwithstanding section 22 , a corporation may, if its rules permit, grant a lease to an owner of a unit permitting the owner exclusive use of a part or parts of the common property.

Section Covenants benefiting parcel Section A corporation may, by a unanimous resolution , accept a grant of easement or a restrictive covenant benefiting the parcel .

Section Procedure for granting restrictive covenants Section A corporation may, by a unanimous resolution , execute a grant of easement or a restrictive covenant burdening the parcel . Where a unanimous resolution has been passed and all persons having registered interests have consented in writing, the corporation shall execute the appropriate instrument to grant the easement or covenant. An instrument granting an easement or covenant executed in accordance with subsection (2) and a receipt issued by the corporation for the monies paid, shall be sufficient proof of the validity of the transaction and constitutes sufficient discharge of, and exonerates all persons taking under the instrument from any responsibility for the application of the money expressed to have been so received. The Registrar shall not register an instrument granting an easement or covenant authorized under this section unless it is accompanied by copies of the resolution and consent referred to in subsection (2).

Section Sale of units Section A developer shall not sell or agree to sell a unit or proposed unit unless he or she has delivered to the purchaser a copy of— A developer shall deliver to the purchaser in respect of a charge or proposed charge , a written notice indicating— the sale agreement whose content shall contain the matters prescribed in the Second Schedule; the proposed rules ; the proposed management agreement ; the proposed recreational agreement ; the lease of the parcel , if the parcel on which the unit is located is held under a lease; a certificate of title in respect of the unit or proposed unit ; any charge or proposed charge which may affect the title of the unit ; and the condominium plan . the maximum principal amount under the charge ; the maximum monthly payment, if any; the armotisation period ; the grace period if any; the pre-payment terms if any; and the interest rate or the formula, if any, for determining the interest rate. Subject to subsection (4), a purchaser of a unit from a developer may, without incurring any liability for doing so, rescind the sale agreement within ten days after the date of its execution. A purchaser may not rescind the sale agreem...

Section Developer to hold money in trust Section A developer or a person acting on his or her behalf shall hold in trust all the money paid by a purchaser under a sale agreement and shall immediately deposit the money in an interest earning trust account maintained in a financial institution licensed under the Financial Institutions Statute 1993 or shall insure the amount against loss; and— if the works on the unit are substantially completed but the improvements to the common property are not substantially completed— if the works on the unit and the common property are substantially completed, the money may be paid to the developer on delivery of the title documents to the purchaser; or not more than fifty percent of that money less the interest earned on it may be paid to the developer on delivery of the certificate of title to the purchaser; and upon the works on the common property being substantially completed, the balance of that money and all the interest earned on the total amount held in trust in respect of that sale agreement may be paid to the developer . If money is being held in trust under subsection (1) and the purchaser of the unit takes possession of or occupies th...

Section Termination of developers manage­ment agreement Section A corporation may terminate a developer’s management agreement at any time after the majority of the units are owned by persons other than a developer . Either party may, for good cause, terminate a developer’s management agreement . A developer’s management agreement shall not be terminated except by giving sixty days’ notice in writing to the other party.

Section Renting of units Section The corporation may require an owner who rents his or her unit to pay to and maintain with the corporation , a deposit which the corporation may use for— A corporation shall, within twenty days after receiving a written notice under subsection (3)— if the corporation is entitled to make use of the deposit, deliver to the owner , an estimated statement of account showing the amount it intends to use and, within sixty days after delivering to the owner the estimated statement of account, deliver to the owner — the repair or replacement of the property of the corporation ; and the maintenance, repair or replacement of any property which is subject to a lease granted to the owner of the unit under section 22 which is damaged, destroyed, lost or removed, as the case may be, by a person occupying the unit. The owner of a unit shall, within seven days after a tenant begins to rent his or her unit , give the corporation notice in writing stating the name of the tenant occupying his or her unit and such other particulars as provided in the rules . The owner of a unit shall, within seven days after a tenant ceases to rent his or her unit , give the corporatio...

Section Maintenance of facilities shared by several corpora­tions Section Where two or more corporations use common estate roads, parks, play grounds and other related facilities, the corporations shall share the expenses for the maintenance and upkeep of those facilities. Where any corporation referred to in subsection (1) fails to comply with that subsection, the other corporations which incur the expenses referred to in that subsection may recover the money from the defaulting corporation by instituting proceedings in court .

Section Liability in tort Section For the purposes of any proceedings to which this section applies— Where any proceedings are brought in tort against the occupier of any particular parcel of land or premises comprising the condominium property, this section shall apply, notwithstanding any law to the contrary. the common property and each of the units shall be separate premises; and where the proceedings are brought in respect of the common property , any judgment which may be entered in favour of the plaintiff shall be entered against the corporation ; where the cause of action arose through the negligence or unauthorised act or omission of one or more of the owners or former owners of units, the corporation may join the owners or former owners as co-defendants and judgment may be given against the corporation and the owners jointly and severally. Any award (including costs) given jointly and severally as provided in subsection (2) (c) may be recovered as a debt by the corporation from the owner or owners of the unit . Where the defendant, in any proceedings to which this section applies, is the corporation , the owners of the units at the time when judgment is entered shall be d...

Section Damage to condo­minium property, etc. Section Upon an application under this section, a court may order a settlement for— In the exercise of its powers under subsection (2) a court may make such orders as it considers necessary or expedient for giving effect to the scheme, including— If property is damaged but the condominium status is not terminated under section 48 or 50 , an application for settlement under subsection (2) may be made to a court by the corporation, an owner of a unit, a registered chargee of a unit or a purchaser under an agreement for sale of a unit. reinstatement in whole or in part of the property; transferring the interests of owners of units that have been wholly or partially destroyed to the unit owners whose units are not affected in proportion to their unit factor . directing the application of insurance money received by the corporation in respect of damage to the property; directing payment of money by the corporation or by the owners of units; directing such amendment of the condominium plan as the court thinks fit; or imposing any terms and conditions it thinks fit. Upon an application to a court under this section, an insurer who has effected...

Section Termina­tion of condomi­nium status of property Section The condominium status of property may, subject to subsection 25(2), be terminated by a unanimous resolution . An application to terminate the condominium status of a property may be made to a court by the corporation , an owner of a unit , a registered chargee of a unit , or a purchaser under an agreement for sale of a unit . Where, upon an application under this section, a court is satisfied that having regard to the rights and interests of the owners of units or of a registered mortgagee or purchaser under an agreement for sale of units, it is just and equitable that the condominium status of the property should be terminated, the court may make a declaration to that effect. Where a declaration has been made under subsection (3), the court may impose any conditions and give any directions as it considers fit. Upon an application to a court under this section, an insurer of a property or part of it against destruction or damage to the property, may appear before the court in person or by agent or by an advocate.

Section Effect of termination, sale or transfer, etc of condominium property Section The Registrar shall not register a transfer executed under this section— Upon the termination of condominium status of a property under section 48 , the corporation shall immediately, file with the Registrar a notice of the termination in the prescribed form. Upon the receipt of a notice referred to in subsection (1), the Registrar shall make a notification to that effect on the condominium plan and on the notification being made, the owners of the units in the plan are entitled to the parcel as tenants in common in shares proportional to the unit factors of their respective units. Upon termination of the condominium status of a property by a unanimous resolution , the corporation shall dispose of the property or part of it by sale or transfer. The corporation shall not dispose of the property or any part of it, unless all persons having registered interests in the property have consented in writing or executed an appropriate instrument to discharge their interests. unless the transfer is accompanied by certified copies of the necessary resolutions and consents; and until the notification required...

Section Dissolution of a corporation Section A court , upon an application by the corporation , owner of a unit or a managing agent, may by order, provide for the winding up of the corporation . Where a corporation has been wound up under subsection (1), it shall be deemed to be dissolved and shall cease to exist.