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Subject to clauses 91 (b) and (c) and section 123, the corporation shall repair and

replace the common elements after damage or failure and shall maintain them. 1998, c. 19,

s. 144 (2).

Insurance

(3)

References to a unit in sections 99 to 105 shall be deemed not to apply to a common

elements condominium corporation. 1998, c. 19, s. 144 (3).

PART XI

PHASED CONDOMINIUM CORPORATIONS

Type of corporation

145. (1)

Subject to the regulations made under this Act, the declarant may create

additional units or common elements in a corporation in accordance with this Part after the

registration of the declaration and description if,

(a) the corporation is a freehold condominium corporation;

(b) except as provided in the regulations made under this Act, the corporation is not a

vacant land condominium corporation or a common elements condominium

corporation;

(c) the declaration indicates that the corporation is a phased condominium corporation;

(d) the description contains a legal description of the land that will be the servient

tenement within the meaning of section 151; and

(e) the board has been elected at a meeting of owners held at a time when the declarant did

not own a majority of the units. 1998, c. 19, s. 145 (1).

Type of corporation

(2)

A corporation that meets the criteria described in subsection (1) shall be known as a

phased condominium corporation. 1998, c. 19, s. 145 (2).

Definition

(3)

In this Part,

“phase” means the additional units and common elements in a phased condominium

corporation that are created in accordance with this Part upon the registration of an

amendment to both the declaration and description. 1998, c. 19, s. 145 (3).

Application

(4)

Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a

phased condominium corporation. 1998, c. 19, s. 145 (4).

Same

(5)

For the purposes of subsection (4), a reference to the registration of the declaration and

description in section 13, subsection 14 (1), 22 (4), 56 (11), 58 (9), 78 (1), 80 (6), 122 (1) or (2),

124 (2) or (3), 127 (1) or (2) shall be deemed, if applicable, to be a reference to the registration of

the amendments to the declaration and description required for creating a phase. 1998, c. 19,

s. 145 (5).

Other corporations