Subject to clauses 91 (b) and (c) and section 123, the corporation shall repair and
replace the common elements after damage or failure and shall maintain them. 1998, c. 19,
s. 144 (2).
References to a unit in sections 99 to 105 shall be deemed not to apply to a common
elements condominium corporation. 1998, c. 19, s. 144 (3).
PHASED CONDOMINIUM CORPORATIONS
Type of corporation145. (1)
Subject to the regulations made under this Act, the declarant may create
additional units or common elements in a corporation in accordance with this Part after the
registration of the declaration and description if,
(a) the corporation is a freehold condominium corporation;
(b) except as provided in the regulations made under this Act, the corporation is not a
vacant land condominium corporation or a common elements condominium
(c) the declaration indicates that the corporation is a phased condominium corporation;
(d) the description contains a legal description of the land that will be the servient
tenement within the meaning of section 151; and
(e) the board has been elected at a meeting of owners held at a time when the declarant did
not own a majority of the units. 1998, c. 19, s. 145 (1).
Type of corporation(2)
A corporation that meets the criteria described in subsection (1) shall be known as a
phased condominium corporation. 1998, c. 19, s. 145 (2).
In this Part,
“phase” means the additional units and common elements in a phased condominium
corporation that are created in accordance with this Part upon the registration of an
amendment to both the declaration and description. 1998, c. 19, s. 145 (3).
Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a
phased condominium corporation. 1998, c. 19, s. 145 (4).
For the purposes of subsection (4), a reference to the registration of the declaration and
description in section 13, subsection 14 (1), 22 (4), 56 (11), 58 (9), 78 (1), 80 (6), 122 (1) or (2),
124 (2) or (3), 127 (1) or (2) shall be deemed, if applicable, to be a reference to the registration of
the amendments to the declaration and description required for creating a phase. 1998, c. 19,
s. 145 (5).