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This Part does not apply to a corporation that is not a phased condominium

corporation. 1998, c. 19, s. 145 (6).

Creation of phase

146. (1)

A phase that contains units may be created only in the blocks of numbers of units,

during the time periods and in accordance with the requirements that are prescribed. 1998, c. 19,

s. 146 (1).

Phase containing common elements

(2)

A phase that contains common elements may be created only during the time periods

and in accordance with the requirements that are prescribed. 1998, c. 19, s. 146 (2).

Method of creation

(3)

To create a phase, the declarant shall register an amendment to both the declaration and

description. 1998, c. 19, s. 146 (3).

Amendment to declaration

(4)

The amendment to the declaration required for creating a phase shall include,

(a) the consent of every person having a registered mortgage against the land included in

the phase or interests appurtenant to the land, as the land and the interests are

described in the amendment to the description required for creating the phase;

(b) a statement of the proportions, expressed in percentages, of the common interests

appurtenant to the units in the corporation after the creation of the phase;

(c) a statement of the proportions, expressed in percentages allocated to the units in the

corporation, in which the owners after the creation of the phase are to contribute to the

common expenses;

(d) a specification of all parts of the common elements contained in the phase that are to

be used by the owners of one or more designated units and not by all the owners;

(e) a statement of all conditions that the approval authority, in approving or exempting

under section 9 the amendment to the description required for creating the phase,

requires the amendment to the declaration to mention; and

(f) all other material that the regulations made under this Act require. 1998, c. 19,

s. 146 (4).

Amendment to description

(5)

The amendment to the description required for creating a phase shall include,

(a) the material mentioned in subsection 8 (1) prepared with respect to the phase;

(b) a legal description of the land that will be the servient tenement within the meaning of

section 151; and

(c) all other material that the regulations made under this Act require. 1998, c. 19,

s. 146 (5).

Same

(6)

Subsection 8 (2) and clause 8 (3) (b) apply with necessary modifications to the

amendment. 1998, c. 19, s. 146 (6).