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elements after damage. 1998, c. 19, s. 89 (1).

Extent of obligation

(2)

The obligation to repair after damage includes the obligation to repair and replace after

damage or failure but, subject to subsection (5), does not include the obligation to repair after

damage improvements made to a unit. 1998, c. 19, s. 89 (2).

Determination of improvements

(3)

For the purpose of this section, the question of what constitutes an improvement to a

unit shall be determined by reference to a standard unit for the class of unit to which the unit

belongs. 1998, c. 19, s. 89 (3).

Standard unit

(4)

A standard unit for the class of unit to which the unit belongs shall be,

(a) the standard unit described in a by-law made under clause 56 (1) (h), if the board has

made a by-law under that clause;

(b) the standard unit described in the schedule mentioned in clause 43 (5) (h), if the board

has not made a by-law under clause 56 (1) (h). 1998, c. 19, s. 89 (4).

Transition, existing corporations

(5)

A corporation that was created before the day this section comes into force and that had

the obligation of repairing after damage improvements made to a unit before the registration of

the declaration and description shall continue to have the obligation unless it has, by by-law,

established what constitutes a standard unit for the class of unit to which the unit belongs. 1998,

c. 19, s. 89 (5).

Maintenance

90. (1)

Subject to section 91, the corporation shall maintain the common elements and

each owner shall maintain the owner’s unit. 1998, c. 19, s. 90 (1).

Normal repairs included

(2)

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. 90 (2).

Provisions of declaration

91.

The declaration may alter the obligation to maintain or to repair after damage as set out

in this Act by providing that,

(a) subject to section 123, each owner shall repair the owner’s unit after damage;

(b) the owners shall maintain the common elements or any part of them;

(c) each owner shall maintain and repair after damage those parts of the common elements

of which the owner has the exclusive use; and

(d) the corporation shall maintain the units or any part of them. 1998, c. 19, s. 91.

Work done for owner

92. (1)

If the declaration provides that the owner has an obligation to repair after damage

and the owner fails to carry out the obligation within a reasonable time after damage occurs, the

corporation shall do the work necessary to carry out the obligation. 1998, c. 19, s. 92 (1).