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Charge to unit owners

(4)

The cost of the services that are invoiced directly to the unit owners under clause (2)

(c) shall not form part of the common expenses, despite anything in the declaration. 1998, c. 19,

s. 22 (4).

Telecommunications easement

(5)

A corporation and a party, if any, that has entered into a telecommunications agreement

with the corporation shall have a non-exclusive easement over the part of the property described

in clause (b) for the purpose of installing and using a telecommunications system if,

(a) the corporation was created on or after the day this section comes into force and

includes one or more units for residential purposes;

(b) part of the property is designed to control, facilitate or provide telecommunications to,

from or within the property; and

(c) the corporation does not have an easement over the property described in the

description or a right to use the property that is adequate for,

(i) the telecommunications agreement that it has entered into with respect to the

property, if it has entered into such an agreement, or

(ii) the telecommunications system that the corporation intends to install and use on

the property, if it has not entered into a telecommunications agreement with

respect to the property. 1998, c. 19, s. 22 (5).

Duty to accommodate easement

(6)

If a telecommunications system installed on the part of the property described in clause

(5) (b) interferes with a telecommunications system that the corporation intends to have installed

and to use on the property described in the description, the owner of the part of the property

shall, upon 30 days written notice by the owner of the easement described in subsection (5), take

all necessary steps that are reasonable to accommodate the intended telecommunications system.

1998, c. 19, s. 22 (6).

Validity of easement

(7)

The easement is valid even though the corporation and the party, if any, that has

entered into a telecommunications agreement with the corporation own no land to be benefited

by the easement. 1998, c. 19, s. 22 (7).

Easements non-exclusive

(8)

If the property of a corporation that includes one or more units for residential purposes

is subject to an easement for the purposes of telecommunications and at least 10 years have

passed since the later of the execution of the grant of the easement and the registration of the

declaration and description, then, despite anything in the grant, the easement shall be deemed to

be non-exclusive. 1998, c. 19, s. 22 (8).

Termination of agreements

(9)

A corporation that includes one or more units for residential purposes may terminate a

telecommunications agreement if,

(a) at least 10 years have passed since the later of the execution of the agreement and the

registration of the declaration and description;