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D

ECLARATION

AND

D

ESCRIPTION

Requirements for declaration

7. (1)

A declaration shall not be registered unless the declarant has executed it in the

manner prescribed by the Act under which it is to be registered. 1998, c. 19, s. 7 (1).

Contents

(2)

A declaration shall contain,

(a) a statement that this Act governs the land and interests appurtenant to the land, as the

land and the interests are described in the description;

(b) the consent of every person having a registered mortgage against the land or interests

appurtenant to the land, as the land and the interests are described in the description;

(c) a statement of the proportions, expressed in percentages, of the common interests

appurtenant to the units;

(d) a statement of the proportions, expressed in percentages allocated to the units, in which

the owners are to contribute to the common expenses;

(e) an address for service, a municipal address for the corporation, if available, and the

mailing address of the corporation if it differs from its address for service or municipal

address;

(f) a specification of all parts of the common elements that are to be used by the owners of

one or more designated units and not by all the owners;

(g) a statement of all conditions that the approval authority, in approving or exempting the

description under section 9, requires the declaration to mention; and

(h) all other material that the regulations made under this Act require. 1998, c. 19, s. 7 (2).

Consent

(3)

A person shall not withhold the consent mentioned in clause (2) (b) by reason only of

the failure of the declarant to enter into a specified number of agreements of purchase and sale

for the sale of proposed units. 1998, c. 19, s. 7 (3).

Additional contents

(4)

In addition to the material mentioned in subsection (2) and in any other section in this

Act, a declaration may contain,

(a) a statement specifying the common expenses of the corporation;

(b) conditions or restrictions with respect to the occupation and use of the units or

common elements;

(c) conditions or restrictions with respect to gifts, leases and sales of the units and

common interests;

(d) a list of the responsibilities of the corporation consistent with its objects and duties;

and

(e) a description of the allocation of obligations to maintain the units and common

elements and to repair them after damage, which allocation has been done in