Remedy of purchasers150. (1)
Within 15 days of registering the amendments to the declaration and description
required for creating a phase, the declarant shall send a copy of the amendments to the
corporation and the owners. 1998, c. 19, s. 150 (1).
Damages from declarant(2)
A person who purchased a unit or proposed unit in the corporation before the
registration of the amendments to the declaration and description required for creating a phase is
entitled to recover damages from the declarant for a difference between the following matters
disclosed in the disclosure statement delivered to the person and the registered amendments if the
difference is material and detrimentally affects the use and enjoyment of the person’s unit:
1. The matters described in subclauses 147 (1) (d) (ii) and (iv).
2. The matters described in subclause 147 (1) (d) (iii) if they differ from the registered
amendments for a reason other than a change in the number of units included in the
phase. 1998, c. 19, s. 150 (2).
Upon application by the person, the Superior Court of Justice may make an order
requiring the declarant to pay to the person the damages to which the person is entitled under
subsection (2). 1998, c. 19, s. 150 (3); 2000, c. 26, Sched. B, s. 7 (7).
Upon registration of a declaration and description for a phased condominium
corporation or the amendments to the declaration and description required for creating a phase,
the following easements are created, where necessary, for the benefit of the units and common
1. An easement for the provision of services over the servient tenement.
2. An easement for support from the servient tenement.
3. An easement for access to and for the installation and maintenance of the services and
facilities that the corporation is entitled to use over the servient tenement.
4. An easement for access to public roads over the servient tenement. 1998, c. 19,
s. 151 (1).
In subsection (1),
“servient tenement” means the land owned by the declarant that is not included in the phase,
including the buildings and structures on the land. 1998, c. 19, s. 151 (2).
Turn-over obligations152. (1)
In addition to the items mentioned in subsection 43 (4), the declarant shall give to
the board at the first meeting held under section 43,
(a) a copy of the statements described in subsection 147 (1); and
(b) all other material that the regulations made under this Act require. 1998, c. 19,
s. 152 (1).