Background Image
Previous Page  90 / 118 Next Page
Information
Show Menu
Previous Page 90 / 118 Next Page
Page Background

against the corporation; and

(b) the remainder of the assets of the corporation shall be distributed among the owners in

the same proportions as the proportions of their common interests. 1998, c. 19, s. 129.

PART IX

ENFORCEMENT

Inspector

130. (1)

Upon application by the corporation, a lessor of a leasehold condominium

corporation, an owner or a mortgagee of a unit, the Superior Court of Justice may make an order

appointing an inspector to,

(a) investigate the items that the declarant is required to give to the board under

subsections 43 (4), (5) and (7);

(b) investigate the corporation’s records mentioned in subsection 55 (1);

(c) investigate the affairs of a person mentioned in subsection 115 (1); or

(d) conduct an audit of the accounts and records mentioned in section 43, 55 or 115. 1998,

c. 19, s. 130 (1); 2000, c. 26, Sched. B, s. 7 (7).

Grounds for order

(2)

The court may make the order if it is satisfied that the application is made in good faith

and that the order is in the best interests of the applicant. 1998, c. 19, s. 130 (2).

Application of

Public Inquiries Act, 2009

(3)

Those provisions of section 33 of the

Public Inquiries Act, 2009

that the order states

apply to the inspector’s investigation or audit. 2009, c. 33, Sched. 6, s. 48.

Contents of order

(4)

In the order, the court,

(a) shall require the inspector to make a written report within a specified time to the

applicant for the order and to the corporation on the activities that the order requires

the inspector to perform; and

(b) may make an order as to the costs of the investigation or audit or any other matter as it

deems proper. 1998, c. 19, s. 130 (4).

Summary of report

(5)

The board shall send a summary of the report to the owners. 1998, c. 19, s. 130 (5).

Administrator

131. (1)

Upon application by the corporation, a lessor of a leasehold condominium

corporation, an owner or a mortgagee of a unit, the Superior Court of Justice may make an order

appointing an administrator for a corporation under this Act if at least 120 days have passed since

a turn-over meeting has been held under section 43. 1998, c. 19, s. 131 (1); 2000, c. 26, Sched. B,

s. 7 (7).

Grounds for order

(2)

The court may make the order if the court is of the opinion that it would be just or

convenient, having regard to the scheme and intent of this Act and the best interests of the