Validity of easement(4)
An easement that is created under subsection (1) is valid even though the declarant
owns the land to be benefited or burdened by the easement in addition to owning the land
relating to the easement that is described in the description. 1998, c. 19, s. 20 (4).
Easements and lease of common elements21. (1)
The corporation may by by-law,
(a) lease a part of the common elements, except a part that the declaration specifies is to
be used only by the owners of one or more designated units and not by all the owners;
(b) grant or transfer an easement or licence through the common elements; or
(c) release an easement that is part of the common elements. 1998, c. 19, s. 21 (1); 2000,
c. 26, Sched. B, s. 7 (3).
Binding on all owners(2)
A lease, grant, transfer or release mentioned in subsection (1), signed by the authorized
officers of the corporation, affects the interest of every owner in the common elements as if the
lease, grant, transfer or release had been executed by that owner. 1998, c. 19, s. 21 (2); 2000,
c. 26, Sched. B, s. 7 (4).
Telecommunications agreements22. (1)
In this section,
“telecommunications” means the emission, transmission or reception of any combination of
signs, signals, writing, images, sound, data, alphanumeric characters or intelligence of any
nature by wire, cable, radio or an optical, electromagnetic or any similar technical system;
“telecommunications agreement” means an agreement for the provision of services or facilities
related to telecommunications to, from or within the property of a corporation and includes
a grant or transfer of an easement, lease or licence through the property of a corporation
for the purposes of telecommunications. (“convention concernant les
télécommunications”) 1998, c. 19, s. 22 (1).
By-law not required(2)
Despite subsection 21 (1), a corporation may, by resolution of the board without a by-
(a) make an agreement for a network upgrade to a telecommunications system that
services the units of the corporation;
(b) make an agreement for a telecommunications system that is not connected to a
telecommunications system that services the units of the corporation; or
(c) amend an agreement for a telecommunications system that services the units of the
corporation to permit the other party to the agreement to supply and invoice part or all
of the services directly to the unit owners. 1998, c. 19, s. 22 (2).
Subsections 97 (3), (4), (5) and (6) apply to an agreement described in subsection (2) as
if it were a change in a service that a corporation provides to the owners. 1998, c. 19, s. 22 (3).