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“building” means a building included in a property; (“bâtiment”)

“by-law” means a by-law of a corporation; (“règlement administratif”)

“claim” includes a right, title, interest, encumbrance or demand of any kind affecting land but

does not include the interest of an owner in the owner’s unit or common interest;


“common elements” means all the property except the units; (“parties communes”)

“common elements condominium corporation” means a common elements condominium

corporation described in subsection 138 (2); (“association condominiale de parties


“common expenses” means the expenses related to the performance of the objects and duties

of a corporation and all expenses specified as common expenses in this Act or in a

declaration; (“dépenses communes”)

“common interest” means the interest in the common elements appurtenant to,

(a) a unit, in the case of all corporations except a common elements condominium

corporation, or

(b) an owner’s parcel of land to which the common interest is attached and which is

described in the declaration, in the case of a common elements condominium

corporation; (“intérêt commun”)

“common surplus” means the excess of all receipts of the corporation over the expenses of the

corporation; (“excédent commun”)

“corporation” means a corporation created or continued under this Act; (“association”)

“declarant” means a person who owns the freehold or leasehold estate in the land described in

the description and who registers a declaration and description under this Act, and includes

a successor or assignee of that person but does not include a purchaser in good faith of a

unit who pays fair market value or a successor or assignee of the purchaser; (“déclarant”)

“declaration” means a declaration registered under section 2 and all amendments to the

declaration; (“déclaration”)

“deed” includes a transfer under the

Land Titles Act

; (“acte scellé”)

“description” means a description registered under section 2 and all amendments to the

description; (“description”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is

amended by adding the following definition:

“Director of Titles” means the Director of Titles appointed under section 9 of the


Titles Act

; (“directeur des droits immobiliers”)

See: 2012, c. 8, Sched. 9, ss. 1 (1), 6.

“encumbrance” means a claim that secures the payment of money or the performance of any

other obligation and includes a charge under the

Land Titles Act

, a mortgage and a lien;

(“sûreté réelle”)