

This Part does not apply to a corporation that is not a phased condominium
corporation. 1998, c. 19, s. 145 (6).
Creation of phase
146. (1)A phase that contains units may be created only in the blocks of numbers of units,
during the time periods and in accordance with the requirements that are prescribed. 1998, c. 19,
s. 146 (1).
Phase containing common elements
(2)A phase that contains common elements may be created only during the time periods
and in accordance with the requirements that are prescribed. 1998, c. 19, s. 146 (2).
Method of creation
(3)To create a phase, the declarant shall register an amendment to both the declaration and
description. 1998, c. 19, s. 146 (3).
Amendment to declaration
(4)The amendment to the declaration required for creating a phase shall include,
(a) the consent of every person having a registered mortgage against the land included in
the phase or interests appurtenant to the land, as the land and the interests are
described in the amendment to the description required for creating the phase;
(b) a statement of the proportions, expressed in percentages, of the common interests
appurtenant to the units in the corporation after the creation of the phase;
(c) a statement of the proportions, expressed in percentages allocated to the units in the
corporation, in which the owners after the creation of the phase are to contribute to the
common expenses;
(d) a specification of all parts of the common elements contained in the phase that are to
be used by the owners of one or more designated units and not by all the owners;
(e) a statement of all conditions that the approval authority, in approving or exempting
under section 9 the amendment to the description required for creating the phase,
requires the amendment to the declaration to mention; and
(f) all other material that the regulations made under this Act require. 1998, c. 19,
s. 146 (4).
Amendment to description
(5)The amendment to the description required for creating a phase shall include,
(a) the material mentioned in subsection 8 (1) prepared with respect to the phase;
(b) a legal description of the land that will be the servient tenement within the meaning of
section 151; and
(c) all other material that the regulations made under this Act require. 1998, c. 19,
s. 146 (5).
Same
(6)Subsection 8 (2) and clause 8 (3) (b) apply with necessary modifications to the
amendment. 1998, c. 19, s. 146 (6).