Background Image
Previous Page  78 / 118 Next Page
Information
Show Menu
Previous Page 78 / 118 Next Page
Page Background

A

MENDMENTS

TO

THE

D

ECLARATION

AND

D

ESCRIPTION

Amendments with owners’ consent

107. (1)

The corporation shall not amend the declaration or the description except in

accordance with this section. 1998, c. 19, s. 107 (1).

Conditions

(2)

The corporation may amend the declaration or the description if,

(a) the board, by resolution, has approved the proposed amendment;

(b) the declarant has consented to the proposed amendment in writing if,

(i) at the time the board approved the proposed amendment, the declarant had not

transferred all of the units except for the part of the property described in

subsection 22 (5), and

(ii) less than three years have elapsed from the later of the date of registration of the

declaration and description and the date that the declarant first entered into an

agreement of purchase and sale for a unit in the corporation;

(c) the board has held a meeting of owners in accordance with subsections (3) and (4);

(d) the owners of at least 90 per cent of the units at the time the board approved the

proposed amendment have consented to it in writing, if it makes a change in a matter

described in clause 7 (2) (c), (d) or (f) or 7 (4) (e);

(e) the owners of at least 80 per cent of the units at the time the board approved the

proposed amendment have consented to it in writing, in all cases apart from a case

described in clause (d); and

(f) the corporation has, in accordance with subsection 47 (8), sent a notice of the proposed

amendment to all mortgagees whose names appeared in the record of the corporation

maintained under subsection 47 (2) at the time the board approved the proposed

amendment. 1998, c. 19, s. 107 (2).

Meeting of owners

(3)

The board shall call a meeting of owners for the purpose of considering the proposed

amendment. 1998, c. 19, s. 107 (3).

Notice of meeting

(4)

The board shall give the owners a notice of the meeting which shall include a copy of

the proposed amendment. 1998, c. 19, s. 107 (4).

Registration

(5)

The corporation shall register a copy of an amendment made under this section but

shall not register the copy until after the expiration of 30 days following the time at which it gave

the notice described in clause (2) (f). 1998, c. 19, s. 107 (5).

Form of registration

(6)

The registered copy of the amendment shall include a certificate, in the form prescribed

by the Minister, made by the officers authorized to act on behalf of the corporation that certifies

that the amendment complies with the requirements of this section. 1998, c. 19, s. 107 (6).