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Cost of changes

(7)

The cost of an addition, alteration, improvement or change that the corporation makes

under this section shall form part of the common expenses. 1998, c. 19, s. 97 (7).

Changes made by owners

98. (1)

An owner may make an addition, alteration or improvement to the common

elements that is not contrary to this Act or the declaration if,

(a) the board, by resolution, has approved the proposed addition, alteration or

improvement;

(b) the owner and the corporation have entered into an agreement that,

(i) allocates the cost of the proposed addition, alteration or improvement between the

corporation and the owner,

(ii) sets out the respective duties and responsibilities, including the responsibilities

for the cost of repair after damage, maintenance and insurance, of the corporation

and the owner with respect to the proposed addition, alteration or improvement,

and

(iii) sets out the other matters that the regulations made under this Act require;

(c) subject to subsection (2), the requirements of section 97 have been met in cases where

that section would apply if the proposed addition, alteration or improvement were

done by the corporation; and

(d) the corporation has included a copy of the agreement described in clause (b) in the

notice that the corporation is required to send to the owners. 1998, c. 19, s. 98 (1).

No notice or approval

(2)

Clauses (1) (c) and (d) do not apply if the proposed addition, alteration or improvement

relates to a part of the common elements of which the owner has exclusive use and if the board is

satisfied on the evidence that it may require that the proposed addition, alteration or

improvement,

(a) will not have an adverse effect on units owned by other owners;

(b) will not give rise to any expense to the corporation;

(c) will not detract from the appearance of buildings on the property;

(d) will not affect the structural integrity of buildings on the property according to a

certificate of an engineer, if the proposed addition, alteration or improvement involves

a change to the structure of the buildings; and

(e) will not contravene the declaration or any prescribed requirements. 1998, c. 19,

s. 98 (2).

When agreement effective

(3)

An agreement described in clause (1) (b) does not take effect until,

(a) the conditions set out in clause (1) (a) and subsection (2) have been met or the

conditions set out in clauses (1) (a), (c) and (d) have been met; and

(b) the corporation has registered it against the title to the owner’s unit. 1998, c. 19,