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Repair and maintenance

162. (1)

Subject to the regulations made under this Act, sections 89, 90, 91 and 92 do not

apply to a vacant land condominium corporation. 1998, c. 19, s. 162 (1).

Extent of obligations

(2)

For the purpose of this section, the obligation to repair after damage includes the

obligation to repair and replace after damage or failure and the obligation to maintain includes

the obligation to repair after normal wear and tear but does not include the obligation to repair

after damage. 1998, c. 19, s. 162 (2).

Common elements

(3)

A vacant land condominium corporation shall maintain the common elements and

repair them after damage. 1998, c. 19, s. 162 (3).

Units

(4)

The owner of a unit in a vacant land condominium corporation shall maintain the

owner’s unit and repair it after damage. 1998, c. 19, s. 162 (4).

Work done for owner

(5)

If an owner of a unit in a vacant land condominium corporation fails to maintain the

owner’s unit within a reasonable time or to repair it within a reasonable time after damage, the

corporation may maintain or repair the unit, as the case may be. 1998, c. 19, s. 162 (5).

Cost

(6)

An owner shall be deemed to have consented to the repairs or maintenance carried out

by the corporation and the cost of the work shall be added to the owner’s contribution to the

common expenses. 1998, c. 19, s. 162 (6).

Substantial damage

163. (1)

If the board of a vacant land condominium corporation determines under section

123 that substantial damage has occurred to a building located on a unit and the owners do not

vote for termination under that section, the owner of the unit may elect,

(a) not to repair the damage; or

(b) to replace the building with a different building, subject to this Act, the declaration and

the by-laws. 1998, c. 19, s. 163 (1).

Owner’s duty

(2)

An owner of a unit who elects not to repair the damage shall, as closely as is

reasonably possible, restore the land on which the building was located to the state that the land

was in immediately before the construction of the building. 1998, c. 19, s. 163 (2).

Restoration done by corporation

(3)

If the owner of the unit does not do the restoration within a reasonable time, the

corporation may do it. 1998, c. 19, s. 163 (3).

Cost

(4)

The owner shall be deemed to have consented to the restoration done by the

corporation and the cost of the restoration shall be added to the owner’s contribution to the

common expenses. 1998, c. 19, s. 163 (4).

PART XIII