Background Image
Previous Page  20 / 118 Next Page
Show Menu
Previous Page 20 / 118 Next Page
Page Background

(b) the board has, by resolution, approved the termination of the agreement;

(c) the owners of more than 50 per cent of the units at the time the board passes the

resolution consent in writing to the termination of the agreement; and

(d) the corporation has given the person 120 days written notice of the termination. 1998,

c. 19, s. 22 (9).



Subsection (9) does not apply to a telecommunications agreement if,

(a) the corporation entered into the agreement after a new board is elected at a turn-over

meeting held under section 43;

(b) the agreement is non-exclusive; and

(c) the agreement makes allowance for the installation of alternate telecommunications

systems. 1998, c. 19, s. 22 (10).

Personal property


If, under subsection (9), a corporation terminates a telecommunications agreement, a

party to the agreement may, on giving reasonable notice to the corporation, remove personal

property that it owns and that is located on the property that was subject to the agreement within

30 days after the termination of the agreement. 1998, c. 19, s. 22 (11).

Duties on removal


A party removing personal property under subsection (11) shall,

(a) carry out the removal in a manner that facilitates the installation of other similar

personal property for the purposes of telecommunications; and

(b) reimburse the corporation for the damage, if any, that the removal causes to the

property of the corporation. 1998, c. 19, s. 22 (12).



A party to a telecommunications agreement that has the right to remove its personal

property under subsection (11) shall be deemed to have abandoned the property if it does not

remove the property within the time specified in that subsection. 1998, c. 19, s. 22 (13).

Action by corporation

23. (1)

Subject to subsection (2), in addition to any other remedies that a corporation may

have, a corporation may, on its own behalf and on behalf of an owner,

(a) commence, maintain or settle an action for damages and costs in respect of any

damage to common elements, the assets of the corporation or individual units; and

(b) commence, maintain or settle an action with respect to a contract involving the

common elements or a unit, even though the corporation was not a party to the

contract in respect of which the action is brought. 1998, c. 19, s. 23 (1).

Notice to owners


Before commencing an action mentioned in subsection (1), the corporation shall give

written notice of the general nature of the action to all persons whose names are in the record of

the corporation maintained under subsection 47 (2) except if,