Condominium Act

Common interest preserved

(4)

Despite any other Act, upon the sale of the parcel of land of an owner in a common

elements condominium corporation or the enforcement of an encumbrance registered against the

parcel, the common interest of the owner in the corporation is not terminated or severed from the

parcel, but continues to be attached to the parcel. 1998, c. 19, s. 139 (4).

Lien

(5)

If an owner defaults in the obligation to contribute to the common expenses of a

common elements condominium corporation, the corporation has a lien against the owner’s

parcel of land. 1998, c. 19, s. 139 (5).

Same

(6)

The lien is a lien for the purposes of sections 85 and 86. 1998, c. 19, s. 139 (6).

Priority of lien

(7)

Despite section 86, the lien does not have priority over an encumbrance registered

against an owner’s parcel of land before the common interest of the owner attached to it unless

the encumbrancer agrees in writing otherwise. 1998, c. 19, s. 139 (7).

Contents of declaration

140.

In addition to the requirements of subsection 7 (2), a declaration for a common

elements condominium corporation shall contain,

(a) a statement that the common elements are intended for the use and enjoyment of the

owners;

(b) a legal description of the parcels of land mentioned in subsection 139 (1); and

Contents of description

141.

Clauses 8 (1) (c), (d), (f) and 8 (3) (b) do not apply to a description for a common

elements condominium corporation. 1998, c. 19, s. 141.

Subdivision control

142.

Section 50 of the

Planning Act

does not apply in respect of dealings with common

interests in a common elements condominium corporation. 1998, c. 19, s. 142.

Disclosure statement

143.

In addition to the requirements of subsection 72 (3), a disclosure statement for a

common interest in a common elements condominium corporation shall contain,

(a) a statement that the common interest attaches to the owner’s parcel of land described

in the declaration of the corporation and cannot be severed from the parcel upon the

sale of the parcel or the enforcement of an encumbrance registered against the parcel;

and

(b) all other material that the regulations made under this Act require. 1998, c. 19, s. 143.

Repair after damage and insurance

144. (1)

Sections 89 and 90 and clauses 91 (a) and (d) do not apply to a common elements

condominium corporation. 1998, c. 19, s. 144 (1).

Repair after damage and maintenance