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interest in the corporation or a proposed common interest in the corporation,

respectively;

(b) references to a mortgagee of a unit shall be deemed to be references to a mortgagee of

a common interest appurtenant to an owner’s parcel of land mentioned in subsection

139 (1); and

(c) references to a common interest appurtenant to a unit shall be deemed to be references

to a common interest appurtenant to an owner’s parcel of land mentioned in

subsection 139 (1). 1998, c. 19, s. 138 (4).

Other corporations

(5)

This Part does not apply to a corporation that is not a common elements condominium

corporation. 1998, c. 19, s. 138 (5).

Owners’ land

139. (1)

A declaration for a common elements condominium corporation shall not be

registered unless each of the owners of a common interest in the corporation,

(a) also owns the freehold estate in a parcel of land,

(i) that is not included in the land described in the description,

(ii) that, subject to the regulations made under this Act, is situated within the

boundaries of the land titles and registry divisions of the land registry office in

which the description of the corporation is registered, and

(iii) to which the

Land Titles Act

applies or for which a certificate of title has been

registered under the

Certification of Titles Act

as that Act read immediately

before subsection 2 (1) of Schedule 17 to the

Good Government Act, 2009

came

into force; and

(b) has signed a certificate in a form prescribed by the Minister stating the owner consents

to the registration of the declaration and the notice described in subclause (2) (b) (i).

1998, c. 19, s. 139 (1); 2009, c. 33, Sched. 17, s. 4.

Non-severable from common interest

(2)

Upon the registration of a declaration and description for a common elements

condominium corporation,

(a) the common interest of an owner in the corporation attaches to the owner’s parcel of

land; and

(b) the declarant shall register against each owner’s parcel of land,

(i) a notice in the form prescribed by the Minister that sets out the information

contained in clause (a), and

(ii) a copy of the certificate described in clause (1) (b). 1998, c. 19, s. 139 (2).

Division of parcel

(3)

Subject to the regulations made under this Act, if an owner’s parcel of land is divided

into two or more new parcels, the owners of the new parcels are joint owners of the common

interest attached to the original parcel. 1998, c. 19, s. 139 (3).