Condominium Act

108 / 118

Repair and maintenance
Subject to the regulations made under this Act, sections 89, 90, 91 and 92 do not
apply to a vacant land condominium corporation. 1998, c. 19, s. 162 (1).
Extent of obligations
For the purpose of this section, the obligation to repair after damage includes the
obligation to repair and replace after damage or failure and the obligation to maintain includes
the obligation to repair after normal wear and tear but does not include the obligation to repair
after damage. 1998, c. 19, s. 162 (2).
Common elements
A vacant land condominium corporation shall maintain the common elements and
repair them after damage. 1998, c. 19, s. 162 (3).
Units
The owner of a unit in a vacant land condominium corporation shall maintain the
owner’s unit and repair it after damage. 1998, c. 19, s. 162 (4).
Work done for owner
If an owner of a unit in a vacant land condominium corporation fails to maintain the
owner’s unit within a reasonable time or to repair it within a reasonable time after damage, the
corporation may maintain or repair the unit, as the case may be. 1998, c. 19, s. 162 (5).
Cost
An owner shall be deemed to have consented to the repairs or maintenance carried out
by the corporation and the cost of the work shall be added to the owner’s contribution to the
common expenses. 1998, c. 19, s. 162 (6).
Substantial damage
If the board of a vacant land condominium corporation determines under section
123 that substantial damage has occurred to a building located on a unit and the owners do not
vote for termination under that section, the owner of the unit may elect,
(a) not to repair the damage; or
(b) to replace the building with a different building, subject to this Act, the declaration and
the by-laws. 1998, c. 19, s. 163 (1).
Owner’s duty
An owner of a unit who elects not to repair the damage shall, as closely as is
reasonably possible, restore the land on which the building was located to the state that the land
was in immediately before the construction of the building. 1998, c. 19, s. 163 (2).
Restoration done by corporation
If the owner of the unit does not do the restoration within a reasonable time, the
corporation may do it. 1998, c. 19, s. 163 (3).
Cost
The owner shall be deemed to have consented to the restoration done by the
corporation and the cost of the restoration shall be added to the owner’s contribution to the
common expenses. 1998, c. 19, s. 163 (4).
PART XIII