Background Image
Previous Page  21 / 118 Next Page
Information
Show Menu
Previous Page 21 / 118 Next Page
Page Background

(a) the action is to enforce a lien of the corporation under section 85 or to fulfil its duty

under subsection 17 (3); or

(b) the action is commenced in the Small Claims Court. 1998, c. 19, s. 23 (2).

Costs

(3)

Unless the board determines otherwise, the legal and court costs in an action that the

corporation commences or maintains in whole or in part on behalf of any owners in respect of

their units shall be borne by those owners in the proportion in which their interests are affected.

1998, c. 19, s. 23 (3).

Judgment as asset

(4)

A judgment for payment in favour of the corporation in an action that the corporation

commences or maintains on its own behalf is an asset of the corporation. 1998, c. 19, s. 23 (4).

Corporation may be sued

(5)

The corporation may, as representative of the owners of the units, be sued in respect of

any matter relating to the common elements or assets of the corporation. 1998, c. 19, s. 23 (5).

Judgment against corporation

(6)

A judgment for the payment of money against the corporation is also a judgment

against each owner at the time of judgment for a portion of the judgment determined by the

proportions specified in the declaration for sharing the common interests. 1998, c. 19, s. 23 (6).

Notices under the

Expropriations Act

24. (1)

For the purposes of the

Expropriations Act

, if the land to be expropriated is part of

the common elements of a corporation and does not include any units, any document that an

expropriating authority is required or entitled to serve on the owner of the land, including a

notice, an appraisal report and an offer of compensation, is sufficiently served on the owners of

the land if the expropriating authority serves the document,

(a) on the corporation; and

(b) if the land to be expropriated is part of the common elements that the declaration

specifies are for the exclusive use of the owners of one or more of the units of the

corporation, but not all the owners, on the owners of those units. 1998, c. 19, s. 24 (1).

Notice to owners

(2)

Within 15 days of being served with a document under subsection (1), the corporation

shall notify all persons whose names are in the record of the corporation maintained under

subsection 47 (2) that it has been served with a document for the purposes of the

Expropriations

Act

and shall make a copy of the document available for examination by them. 1998, c. 19,

s. 24 (2).

Corporation acting for owners

(3)

For the purposes of the

Expropriations Act

, all the rights under that Act of the owners

of the land to be expropriated in respect of which a document has been served on the corporation

under subsection (1) shall be transferred to and exercised by the corporation, subject to section

126. 1998, c. 19, s. 24 (3).

Notices under the

Planning Act

25.

A corporation that is served with a notice under the

Planning Act

shall, within 15 days