O.C. 243/2019

A.R. 154/2019

November 26, 2019


            The Lieutenant Governor in Council makes the Condominium Property Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Service Alberta

Authority:                             Condominium Property Act
                                                (section 81)


 

APPENDIX

Condominium Property Act

CONDOMINIUM PROPERTY
AMENDMENT REGULATION

1   The Condominium Property Regulation (AR 168/2000) is amended by this Regulation.

 

2   Section 1(1) is amended

                                 (a)    by adding the following after clause (a):

                                    (a.01)    “contemplated litigation” means any matter that might reasonably be expected to become a legal action involving a corporation based on information that is within the corporation’s knowledge or control;

                                 (b)    by adding the following after clause (a.2):

                                      (a.3)    “purchaser” includes, for the purposes of this Regulation and section 44 of the Act, a person who has entered into

                                                    (i)    a purchase agreement respecting a unit, or

                                                   (ii)    an agreement to purchase a leasehold interest in a unit;

 

3   Section 5 is amended by adding the following after subsection (3):

(4)  Units that are delineated, illustrated and labelled as parking spaces under section 8(1)(l.1) of the Act must be identified on the condominium plan in a form and manner acceptable to the Registrar.

 

4   Section 7 is amended by striking out “Form 1” and substituting “the form set by the Registrar”.

 

5   Section 11 is amended by striking out “Form 2 or in any other form that the Registrar specifies” and substituting “the form set by the Registrar”.

 

6   Section 12 is amended by adding the following after subsection (1):

(1.1)  A notice of an amendment to a bylaw of a corporation made pursuant to section 34.1(2) of the Act is to be in Form 3.1.

 

7   Section 13 is amended by adding “, 52(5) or 63(4)” after “49(4)”.

 

8   Section 17 is amended by striking out “Form 6” and substituting “Form 4”.

 

9   Section 20 is repealed and the following is substituted:

Directors of corporation

20   The notices required to be filed under sections 10.1(1) and (2) and 28(5) and (6) of the Act

                                          (a)    is to be in Form 8, and

                                          (b)    must include the name and current address for service of each current member of the board of directors of the corporation.

 

10   Section 20.1(1)(e) is repealed and the following is substituted:

                                 (e)    events leading to an order under section 24.1(1) of the Financial Administration Act in respect of a public emergency or disaster;

 

11   Section 20.2 is amended

                                 (a)    by renumbering it as section 20.2(1);

                                 (b)    by adding the following after section 20.2(1)(r):

                                          (s)    a copy of any standard insurable unit description, as defined in section 60.1(c).

                                 (c)    by adding the following after subsection (1):

(2)  Section 20.2(1)(s) applies only in respect of a board elected under section 29 of the Act on or after January 1, 2020.

 

12   The following is added after section 20.4:

Part 1.6
Documents Provided
by Corporation

Information provided after annual general meeting

20.5(1)   Within 60 days after an annual general meeting, a corporation shall provide each owner and each mortgagee who has given written notice under section 26(3) of the Act with the approved minutes, or draft minutes if no minutes have been approved, of the annual general meeting.

(2)  The approved minutes or draft minutes provided under subsection (1) must include records of the votes held at the annual general meeting, recording the following information:

                                 (a)    if an ordinary resolution was proposed, the results of the vote;

                                 (b)    if a special resolution was proposed,

                                           (i)    the number of persons entitled to exercise the power of voting who voted in favour of the resolution and the number of unit factors represented by these persons, and

                                          (ii)    the number of persons entitled to exercise the power of voting who did not vote in favour of the resolution and the number of unit factors represented by these persons;

                                 (c)    for an election of board members determined by a vote, the number of votes in favour of each candidate.

Annual budget disclosure

20.51(1)   In addition to complying with financial disclosure requirements under section 30(4) of the Act, a corporation shall, at least 30 days before the start of the fiscal year to which the annual budget applies, provide a copy of the annual budget to owners and to mortgagees who have given written notice under section 26(3) of the Act.

(2)  If the corporation makes revisions to the budget provided under subsection (1), the corporation shall provide a copy of the revised budget to the owners and mortgagees as soon as possible.

Information, documents disclosed for purposes of s44 of Act

20.52(1)  Subject to subsection (2), the following information and documents are prescribed for the purposes of section 44 of the Act:

                                 (a)    an information statement that includes all of the following:

                                           (i)    the particulars of

                                                  (A)    any action commenced against the corporation in respect of which the corporation has been served, including the amount claimed against the corporation,

                                                  (B)    any unsatisfied judgment or order for which the corporation is liable, and

                                                  (C)    any written demand made on the corporation for an amount in excess of $5000 that, if not met, may result in an action being brought against the corporation;

                                          (ii)    a statement setting out the amount of the capital replacement reserve fund;

                                         (iii)    a statement setting out the amount of the contributions and the basis on which that amount was determined;

                                         (iv)    a statement setting out any structural deficiencies that the corporation has knowledge of at the time of the request in any of the buildings that are included on the condominium plan;

                                          (v)    loan disclosure statements for current loans, including documents showing the starting balance, current balance, interest rate, monthly payment, purpose of the loan, amortization period and default information, if applicable;

                                 (b)    the particulars or a copy of any subsisting or prior management agreement;

                                 (c)    the particulars or a copy of any subsisting recreational agreement;

                                 (d)    the particulars respecting any post tensioned cables that are located anywhere on or within the property that is included in the condominium plan;

                                 (e)    a copy of the budget of the corporation;

                                 (f)    a copy of the annual financial statements of the corporation;

                                 (g)    a copy of the bylaws of the corporation;

                                 (h)    in respect of a particular fiscal year, a copy of

                                           (i)    all approved minutes of all general meetings of the corporation, if available,

                                          (ii)    draft minutes of general meetings, if approved minutes are not available, for meetings that occurred at least 30 days before the date of the request, and

                                         (iii)    approved minutes of board meetings;

                                  (i)    a statement setting out the unit factors and the criteria used to determine unit factor allocation;

                                  (j)    a copy of any lease agreement or other exclusive possession agreement with respect to the possession of a portion of the common property or real property of the corporation, including a parking stall or storage unit;

                                 (k)    a consolidation of all the rules made by the corporation under section 32.1 of the Act;

                                  (l)    the text of written ordinary and special resolutions voted on by the corporation and the results of the voting on those resolutions, other than the results of a vote conducted by a show of hands;

                               (m)    copies of reports prepared for the corporation by professionals, including professional engineers but excluding reports requested and obtained by the corporation’s legal counsel in relation to actual or contemplated litigation;

                                 (n)    copies of insurance certificates held by the corporation;

                                 (o)    copies of insurance policies held by the corporation;

                                 (p)    the current standard insurable unit description for the residential units or classes of residential units;

                                 (q)    copies of reserve fund plans, reserve fund reports and annual reports.

(2)  Subsection (1) applies

                                 (a)    to information or documents to which section 20.55(2) applies, only for the applicable retention period determined under section 20.55(1), or

                                 (b)    to information or documents created before January 1, 2020, only if the corporation possesses or has access to the information or documents.

(3)  An owner is not precluded from making copies of any information or documents provided under section 44 of the Act and providing copies of this information or these documents to other persons.

Fees

20.53(1)  A corporation or any person providing documents on behalf of a corporation may charge fees not exceeding the following amounts, subject to subsections (2) and (3), for the provision, in the ordinary course, of the following classes of information or documents:

                                 (a)    a certificate provided under section 43.2 of the Act, $200;

                                 (b)    an information statement that includes all the information listed in section 20.52(1)(a), $100;

                                 (c)    a document other than one referred to in clause (a) or (b),

                                           (i)    $0.25 per page, where the document is provided in hard copy format and exceeds 40 pages in length, or

                                          (ii)    $10, where the document is provided in a format other than hard copy format or does not exceed 40 pages in length.

(2)  If a corporation or a person acting on behalf of the corporation produces, as requested, information or a document listed in section 20.52(1) within 3 days of the request, excluding a holiday as defined in the Interpretation Act, the corporation may, subject to the bylaws, charge the following fee in addition to the applicable fee under subsection (1):

                                 (a)    up to $100 for a certificate provided under section 43.2 of the Act;

                                 (b)    up to $50 for particulars or an information statement listed in section 20.52(1)(a);

                                 (c)    up to $20 for any other information or document.

(3)  Subject to subsection (4), a party that is at arm’s length from both the corporation and the condominium manager may charge a reasonable fee to provide information or documents listed in section 20.52(1) to parties requesting the information or documents.

(4)  A party that is at arm’s length from both the corporation and the condominium manager may charge a fee under subsection (3) only if all of the following conditions are met:

                                 (a)    the fee is calculated on the basis of either a charge for each document or a charge representing a percentage of the cost of the documents, but not both;

                                 (b)    the method by which the fee is to be calculated has been set out in a contract with the party charging the fee;

                                 (c)    the fee is applicable to all requests from any party for any documents or information listed in section 20.52(1);

                                 (d)    a mechanism is available for any party to obtain the information or documents, other than through the party at arm’s length from the corporation and condominium manager.

(5)  A party charging a fee under subsection (3) shall not provide any portion of the fee to the corporation, condominium manager or an employee of the corporation or condominium manager.

Information, documents provided at no charge

20.54   A corporation shall not charge for providing information or documents to a person making a request under section 44 of the Act if

                                 (a)    the information or document provided had not been requested by the person making the request, or

                                 (b)    under the Act, the regulations under the Act or the bylaws, the person making the request is entitled to receive the requested information or document without making a request, but has not yet received that information or document at the time of the request.

Retention periods for information and documents

20.55(1)  A corporation shall retain the information and documents described or set out in the first column of Schedule 3 for the corresponding time period set out in the 2nd column of Schedule 3, or the time period set out in the bylaws, whichever period is longer.

(2)  A corporation may retain information or a document referred to in subsection (1) in an electronic format if the information or document

                                 (a)    is complete,

                                 (b)    is legible in its entirety, and

                                 (c)    is capable of being reproduced by the corporation in an electronic format or in a hard copy format.

(3)  If a version of a document in an electronic format complies with subsection (2), the version in an electronic format is considered the original document.

 

13   Section 21 is amended

                                 (a)    by repealing subsection (1)(c);

                                 (b)    by repealing subsection (2) and substituting the following:

(2)  For the purposes of section 23, a reference to a reserve fund study provider includes a corporate entity if the corporate entity, in carrying out the functions of a reserve fund study provider, employs or otherwise retains the services of an individual who is a reserve fund study provider to carry out those functions.

(3)  For greater certainty, nothing in this Part precludes a reserve fund study provider from

                                          (a)    engaging a person who is not a reserve fund study provider to assist in the carrying out of a reserve fund study or in the preparation of a reserve fund report, or

                                          (b)    relying on information and documents prepared or provided by persons who are not reserve fund study providers in the carrying out of a reserve fund study or in the preparation of a reserve fund report.

 

14   The following is added after section 21:

Reserve fund study provider qualifications

21.1(1)  In this Part, subject to subsection (2), in respect of the depreciating property, an individual is not permitted to act as a reserve fund study provider unless the individual

                                          (a)    is

                                                    (i)    a professional engineer,

                                                   (ii)    a professional technologist,

                                                  (iii)    a certified technologist as defined in the ASET Regulation (AR 282/2009) who holds a certificate of registration as a certified engineering technologist or applied science technologist,

                                                 (iv)    a registered engineering technologist as defined in the ASET Regulation (AR 282/2009),

                                                  (v)    a registered architect,

                                                 (vi)    a person who is a member of the Appraisal Institute of Canada and holds the designation of Accredited Appraiser Canadian Institute,

                                                (vii)    a person who is a member of the Canadian National Association of Real Estate Appraisers and holds the designation of Designated Reserve Planner or Designated Appraiser Commercial,

                                               (viii)    a person who is a member of the Canadian Institute of Quantity Surveyors and holds a designation as a Professional Quantity Surveyor,

                                                 (ix)    a certified reserve planner who is accredited by the Real Estate Institute of Canada,

                                                  (x)    a persons who holds a certificate from the Reserve Fund Planning Program at the University of British Columbia, or

                                                 (xi)    an individual who has successfully completed training recognized by the Director or possesses qualifications that are recognized by the Director,

                                             and

                                          (b)    is knowledgeable with respect to

                                                    (i)    the depreciating property or that type of depreciating property,

                                                   (ii)    the operation and maintenance of the depreciating property or that type of depreciating property, and

                                                  (iii)    the costs of replacement of or repairs to, as the case may be, the depreciating property or that type of depreciating property.

(2)  In this Part, despite subsection (1), the following individuals are not permitted to act as a reserve fund study provider:

                                          (a)    a director, officer or employee of the corporation;

                                          (b)    a condominium manager under a management agreement with the corporation;

                                          (c)    a partner, employer or employee of a person referred to in clause (a) or (b);

                                          (d)    the spouse or common law partner or a child of a director or officer of the corporation, or a child of the spouse or common law partner of a director or officer of the corporation;

                                          (e)    an owner of a unit on the parcel;

                                          (f)    an occupant of a unit on the parcel.

(3)  Despite subsections (1) and (2) and sections 21.2 and 23, where a contract for a reserve fund study was entered into before January 1, 2020, the qualifications of an individual to carry out a reserve fund study are governed by section 21 as it read on December 31, 2019.

Developer, interim board reserve fund plan

21.2   A developer or interim board that arranges for a reserve fund study before a board is elected under section 29 of the Act shall ensure that the reserve fund study is carried out by a reserve fund study provider who is at arm’s length from the developer or every member of the interim board, as the case may be.

 

15   Section 22 is amended by striking out “qualified person” and substituting “reserve fund study provider”.

 

16   Section 23 is amended

                                 (a)    in subsection (1)

                                           (i)    by striking out “qualified person” and substituting “reserve fund study provider”;

                                          (ii)    in clause (a) by striking out “25 years” and substituting “30 years or a time period longer than 30 years”;

                                 (b)    in subsection (2)

                                           (i)    by striking out “qualified person” and substituting “reserve fund study provider”;

                                          (ii)    by adding the following after clause (a):

                                               (a.1)    conduct an on-site visual inspection of all visible components of the depreciating property;

                                               (a.2)    interview the members of the board;

                                               (a.3)    interview, to the extent the reserve fund study provider considers necessary, the condominium manager or managers for the corporation, if any, any employees of the corporation or condominium manager, or any other person;

                                               (a.4)    review relevant documents, including the condominium plan, construction documents and maintenance records;

                                 (c)    in subsection (3)

                                           (i)    by striking out “On completing the reserve fund study under this section, the person who carried out the study” and substituting “After the reserve fund study under this section is completed, the reserve fund study provider”;

                                          (ii)    by repealing clause (b) and substituting the following:

                                                  (b)    a signed statement that the person is a reserve fund study provider and no grounds of disqualification under section 21.1 or 21.2 apply;

 

17   Section 25 is amended by striking out “qualified person to preparing” and substituting “reserve fund study provider to prepare”.

 

18   Section 29 is amended

                                 (a)    in subsection (1) by adding the following after clause (c):

                                          (d)    the amount of the reserve fund projected for the current fiscal year;

                                          (e)    total payments by ordinary or special resolutions into, and payments out of, the reserve fund for the current fiscal year;

                                          (f)    a list of the depreciating property projected to be repaired or replaced during the current fiscal year and the projected costs of the repairs and replacements.

                                 (b)    by repealing subsection (2).

 

19   Section 30 is amended by striking out “At the conclusion of” and substituting “On or before”.

 

20   Section 31 is repealed.

 

21   The following is added after section 31.1:

Part 2.2
Meetings, Voting

Proxies

31.2(1)  Subject to subsections (2) and (3), a proxy may be given to any individual by an owner or a mortgagee who has given written notice under section 26(3) of the Act.

(2)  A proxy is invalid if it is given to a minor or a person other than an individual.

(3)  A proxy is invalid if it is given to a condominium manager or employee of either the corporation or a management company retained by the corporation, unless the proxy contains a limitation that it was given only for the purposes of establishing quorum for a meeting.

(4)  An owner that is not an individual may be represented in a vote

                                 (a)    by a member of the board of directors of the owner, or, if there is no board of directors, by a member of a similar body in respect of that owner, or

                                 (b)    by an individual to whom the owner has given a proxy.

(5)  Where 2 or more proxies are presented to a corporation in respect of the same unit by the same owner, only the most recently given proxy is valid.

Written proxy requirements

31.3(1)  A proxy is invalid unless it is in an electronic or hard copy format and contains at least the following elements:

                                 (a)    the name and unit number of the owner or mortgagee giving the proxy;

                                 (b)    the name of the individual to whom the proxy is given;

                                 (c)    the date the proxy is given;

                                 (d)    the signature of the owner or mortgagee giving the proxy, or in the case of an owner or mortgagee that is not an individual, the signature of a person authorized to sign for that owner or mortgagee.

(2)  A proxy may be revoked in an electronic or hard copy format.

Restrictions respecting proxies

31.4   A proxy expires on the earliest of

                                 (a)    the expiry date set out on the proxy,

                                 (b)    6 months from the date on which the proxy was given, and

                                 (c)    the date on which the person who gave the proxy ceases to be an owner or mortgagee of the unit in respect of which the proxy was given.

Rules respecting proxies

31.5(1)  Except to the extent that a matter is already dealt with in the bylaws, subject to subsection (2), a corporation may adopt rules respecting the use of proxies, including, without limitation, procedures respecting the presentation, verification and registration of proxies.

(2)  Rules may be adopted under subsection (1) only as may be reasonably necessary for the expedient conduct of meetings or votes.

(3)   Subject to the bylaws, proxies must be certified before or at the outset of the general meeting at which an individual is seeking to exercise the proxy.

Amendment, repeal of rules

31.6(1)  For greater certainty, a rule established by the board may be amended or repealed by an ordinary resolution.

(2)  If there is a conflict or inconsistency between an ordinary or special resolution and a rule established by the board, the resolution prevails to the extent of the conflict or inconsistency.

Part 2.3
Borrowing by Corporation

Resolution for borrowing

31.7(1)  In this section, “resolution” means an ordinary resolution, or a special resolution if a bylaw requires that a special resolution be passed for the purposes of approving borrowing of money by the corporation.

(2)  Subject to subsection (5), the borrowing of money by a corporation must be authorized by a resolution where the sum of the amount of the loan and all outstanding loans during that fiscal year is more than

                                 (a)    15% of the corporation’s revenues as set out in the most recent financial statements prepared under section 30(4)(a) of the Act, or an amount set out in the bylaws, or

                                 (b)    the maximum amount of borrowing for the corporation for that fiscal year, as adopted by a previous resolution to authorize borrowing,

whichever is greater.

(3)  A resolution adopted under subsection (2)(b) must specify the maximum amount the corporation is permitted to borrow in the fiscal year as either a percentage of the corporation’s revenues as set out in the most recent financial statements prepared under section 30(4)(a) of the Act, or as an amount in dollars.

(4)  Subject to subsection (5), nothing prevents a corporation from passing more than one resolution under subsection (2)(b) in a year, but, if a corporation lowers the maximum amount permitted for borrowing by a resolution, the resolution has no impact on a loan validly borrowed under a higher permitted maximum amount.

(5)  Subsections (2) to (4) do not apply if the certificates of title to all of the units included in the condominium plan are registered in the name of the same owner or the same group of owners.

Statement respecting permitted borrowing

31.8(1)  A board may issue a statement to a lender or a prospective lender attesting to the corporation’s

                                 (a)    maximum permitted borrowing amount, as of the date of issue, and

                                 (b)    remaining permitted borrowing amount, based on current corporate indebtedness.

(2)  Unless a statement issued under subsection (1) is withdrawn before a loan is advanced to the corporation, the statement is conclusive proof in favour of the person who received the statement that if the corporation borrows funds in accordance with the limit described on the statement, it does so validly, unless the person has, or by virtue of the person’s position with or relationship to the corporation ought to have, knowledge of more accurate facts at the relevant time.

(3)  A corporation shall withdraw or revise a statement respecting permitted borrowing where the corporation’s borrowing limit changes before a loan is advanced to the corporation on the basis of the statement.

 

22   Section 42 is repealed.

 

23   Section 60(1)(a) is amended by striking out “Form 12” and substituting “the form set by the Registrar” .

 

24   The following is added before section 61:

Definitions

60.1   In this Part, in respect of all the units on a parcel or all classes of residential units on the parcel,

                                 (a)    “class of residential units” means residential units on the parcel

                                           (i)    having a comparable design or comparable original fixtures and finishing, or

                                          (ii)    in similar types of buildings, in the case of multiple buildings on a condominium plan;

                                 (b)    “fixtures and finishing” means the property described in section 61.1(3);

                                 (c)    “standard insurable unit description” means a description, as provided to purchasers by the developer, or as adopted by the corporation under section 61.2(2), of standard fixtures and finishing in a residential unit or a class of residential units.

Insurance requirements imposed by corporation

60.2  A corporation may, by bylaw,

                                 (a)    require owners to purchase insurance with respect to deductibles that may be payable to a corporation under section 62.4 in respect of a corporation’s insurance policy,

                                 (b)    specify the particulars of insurance to be purchased for the purposes of clause (a), and

                                 (c)    specify the proof an owner must provide to the corporation respecting the insurance purchased.

 

25   Section 61(1)(k) is repealed and the following is substituted:

                                 (k)    riot, vandalism or a malicious act, other than vandalism or a malicious act caused by an owner to the unit the owner owns or by an occupant or tenant to the unit that the occupant or tenant occupies;

 

26   Section 62 is repealed and the following is substituted:

Insurance on units, fixtures, finishing

61.1(1)  For the purposes of this Part and section 47(1) of the Act, “improvements” as made to units by owners do not include

                                 (a)    any property included in the applicable standard insurable unit description, in the case of a residential unit, or

                                 (b)    any fixtures and finishing that must be insured by a corporation under subsection (2), in the case of a non-residential unit.

(2)  Unless the bylaws require that additional insurance be provided by the corporation, for the purposes of section 47(1)(a) of the Act, a corporation shall, at a minimum, place and maintain the following amount of insurance, as applicable:

                                 (a)    for the residential units on the parcel, other than those owned by a developer, the replacement value of the units and of the fixtures and finishing in the units, as if all units contained the features as described in the applicable standard insurable unit description;

                                 (b)    for the residential units owned by the developer on the parcel, the replacement value of the units and of the fixtures and finishing as they existed at the time of the registration of the condominium plan;

                                 (c)    for the non-residential units on the parcel, other than those described in clause (d), the replacement value of the units, which, for greater certainty, excludes the replacement value of any fixtures and finishing in the units;

                                 (d)    for the non-residential units on the parcel being used in connection with a residential purpose, including parking spaces and storage units for owners of residential units, the replacement value of the units and of the fixtures and finishing in the units, as the units and fixtures and finishing were typically provided to purchasers by a developer;

                                 (e)    for the units on the parcel that are owned by the corporation, the replacement value of the units and of the fixtures and finishing in the units.

(3)  A standard insurable unit description must include a description of the typical features in the applicable units, other than units that are common property, including the following, as applicable:

                                 (a)    floor coverings, wall coverings and ceiling coverings;

                                 (b)    electrical lines and fixtures, including lighting fixtures;

                                 (c)    plumbing lines and fixtures;

                                 (d)    natural gas lines and fixtures;

                                 (e)    fixtures with respect to air exchange and temperature control;

                                 (f)    walls that do not form the unit’s boundaries, and any windows and doors located in those walls;

                                 (g)    cabinets and counter tops;

                                 (h)    non-chattel appliances.

(4)  Nothing in this Part precludes a corporation from increasing the amount of insurance obtained for a unit in accordance with subsection (2)(a) to reflect a higher replacement value, where the corporation determines that there are variations, in size or in other material factors, from the standard insurable unit description among the units in a class of residential units.

Standard insurable unit description process

61.2(1)   If section 61.1(2)(a) applies, and if the developer has not prepared and provided the standard insurable unit description for the residential units or each class of residential units, the corporation shall

                                 (a)    ensure that a standard insurable unit description has been adopted for each class of residential units, and

                                 (b)    identify the standard insurable unit description that applies to each of the residential units on the parcel if there are 2 or more classes of residential units on the parcel.

(2)  A corporation may adopt or amend a standard insurable unit description by

                                 (a)    a special resolution,

                                 (b)    an ordinary resolution, if the corporation has not passed a special resolution referred to in clause (a), or

                                 (c)    a board resolution, if the corporation has not passed a special resolution referred to in clause (a), and has not passed an ordinary resolution referred to in clause (b).

(3)  If a corporation adopts a standard insurable unit description pursuant to subsection (2)(c), the corporation must present that description as an agenda item at the next annual general meeting of the corporation for ratification or amendment by ordinary resolution.

(4)  If a corporation adopts a standard insurable unit description under subsection (1) or (2) or amends a standard insurable unit description under subsection (2), the corporation shall file at the land titles office a notice containing the most current standard insurable unit description applicable to all classes of residential units.

(5)  A notice under subsection (4)

                                 (a)    must be submitted for filing in a form acceptable to the Registrar, and

                                 (b)    must contain

                                           (i)    a clear indication of the type of resolution under which the standard insurable unit definition was adopted or amended,

                                          (ii)    a certification that the resolution was duly passed,

                                         (iii)    the seal of the corporation, and

                                         (iv)    any other information required by the Registrar.

(6)  A corporation shall file all standard insurable unit descriptions adopted or amended under subsection (2) with the land titles office in the form set by the Registrar.

Insurance amount and deductible

62(1)  Property that is insured as required pursuant to section 47 of the Act, other than pursuant to section 47(1)(a) of the Act, must be insured for its replacement value.

(2)   Property insurance required pursuant to section 47 of the Act is subject to any reasonable deductible that is agreed to by the corporation and the insurer.

Notice to owner

62.1(1)  The standard insurable unit description for a residential unit is an additional matter of which the corporation shall provide notice to each owner in accordance with section 48 of the Act.

(2)  If the corporation receives a notice of cancellation of an insurance policy, it shall provide written notice of the cancellation to all unit owners as soon as possible.

Repairs to units

62.2(1)   A corporation shall make repairs or arrange for and supervise repairs to a unit and fixtures and finishing in a unit after damage where the corporation is responsible for insuring the property affected by the damage.

(2)  A corporation is not responsible for making or arranging for repairs after damage where the damage is in respect of property that the corporation is not required to insure, including improvements made by an owner or to property covered by insurance specified by corporation bylaws as being the responsibility of an owner.

(3)  Where a unit is insured on the basis of a standard insurable unit description, the corporation shall rebuild the unit to the standard set out in the standard insurable unit description, unless

                                 (a)    an owner of a unit has a separate policy of insurance for improvements made by the owner, or is willing to pay for improvements to the unit as an out-of-pocket expense,

                                 (b)    at least one item of the property described as fixtures and finishing was absent, destroyed or partially damaged or below the standard of the standard insurable unit description at the time of the damage and the corporation had no prior obligation to repair the property from its previous status as absent, destroyed or partially damaged, unless the owner is willing to pay out of pocket for the costs of repairing the absent, destroyed or partially damaged property, or

                                 (c)    the fixtures and finishing in the unit had been installed below the standard as set out in the standard insurable unit description.

(4)  In a situation described in subsection (3)(c), the corporation shall rebuild the unit to reflect its prior fixtures and finishing, unless the owner is willing to pay the costs of upgrading the fixtures and finishing of the unit as an out-of-pocket expense.

(5)  Subject to subsection (6), a corporation is not responsible for making or arranging for repairs after damage where the damage is in respect of property that the corporation is not required to insure, including improvements made by an owner or to property covered by insurance specified by corporation bylaws as being the responsibility of an owner.

(6)  Where a unit owner acquires a separate policy of insurance for the fixtures and finishing in a unit for an amount in excess of what the corporation is required to insure, and the fixtures and finishing of the unit are damaged, unless the corporation is not required to insure the fixtures and finishing in the unit, the unit owner and the unit owner’s insurer shall allow the corporation to make repairs or arrange for and supervise repairs to the fixtures and finishing of the unit on the unit owner’s and the insurer’s behalf, unless the corporation agrees to another arrangement.

(7)  Nothing in this section precludes a corporation, by bylaw, from assigning responsibility to the owner of a unit for making repairs or arranging for and supervising repairs of the unit.

Urgent repairs by corporation

62.3(1)  A corporation is authorized to make or arrange for and supervise repairs to a unit after damage that was not the corporation’s responsibility to insure against, if

                                 (a)    the failure to repair poses a risk to public safety, or puts common property, other units, occupants or personal property in common property or other units at risk,

                                 (b)    the owner of the unit or an agent of the owner has not commenced repairs within a reasonable amount of time, and

                                 (c)    the corporation has provided reasonable notice to the owner.

(2)  The owner of a unit repaired by the corporation is liable to pay the corporation for the prudent costs of actions taken by the corporation under subsection (1).

Recovery of amount of deductible

62.4(1)  A corporation may pay an insurance deductible in an insurance claim and recover the amount of the deductible from an owner in accordance with this section.

(2)  Subject to subsections (3) and (5), an owner, on demand by the corporation, is absolutely liable to the corporation for the amount of the deductible in the corporation’s insurance claim for damage that originates in or from the owner’s unit or an exclusive possession area assigned to the owner.

(3)  Despite any bylaw to the contrary, a corporation must not require an owner to pay an amount greater than $50 000 as a deductible in the corporation’s insurance claim.

(4)  A corporation may recover an amount under subsection (2) from an owner by

                                 (a)    an action in debt, or

                                 (b)    levying a contribution under section 39(1) of the Act, if permitted by the bylaws.

(5)  An owner is not liable to a corporation for the amount of the deductible in the corporation’s insurance claim where the claim arose from

                                 (a)    a defect in the construction of the unit or exclusive possession area assigned to the owner,

                                 (b)    damage attributable to an act or omission of the corporation, a member of the board, officer, employee or agent of the corporation, or any combination of them, or

                                 (c)    normal structural deterioration of the common property, the managed property or the real property of the corporation, other than property that the owner was responsible to repair or maintain.

(6)  Nothing in this section shall be construed in a manner to affect a civil action or other remedy at law of an owner or a corporation against a person who is responsible for damage to property, including damage to property caused through wilfulness or negligence.

Insurance against fraudulent or dishonest acts

62.5(1)  In this section, “manager” includes an employee who handles money belonging to the corporation.

(2)  A corporation shall obtain one or more corporation insurance policies that provide the corporation with coverage from a loss directly caused by a fraudulent or dishonest act of a member of the board or a manager, where the member of the board or manager acts alone or in collusion with others with intent to

                                 (a)    cause a loss to the corporation, or

                                 (b)    improperly obtain a financial benefit for the member of the board or the manager or another person.

(3)  The amount of coverage under the insurance policies held by a corporation under subsection (2) must be at least

                                 (a)    the amount, if any, set or determined in accordance with criteria set for this purpose by the corporation in its bylaws, or

                                 (b)    the sum of the reserve fund balance at the start of the corporation’s current fiscal year, and the balance of the operating account at the beginning of the corporation’s current fiscal year, if no amount or criteria are set in the corporation’s bylaws.

(4)  A corporation shall review the amount of coverage for insurance policies held under subsection (2) at least once every 2 years, and adjust it as necessary, to ensure that it complies with subsection (3).

(5)  Subsections (2) to (4) do not apply to a corporation if the certificates of title to all of the units included in the condominium plan are registered in the name of the same owner or the same group of owners.

(6)  This section applies to a corporation beginning at the time that the first insurance policy is obtained or renewed by the corporation under section 47 of the Act on or after January 1, 2020.

Director's interpretation

62.6(1)  The Director may issue advisory opinions and interpretation bulletins with respect to insurance under this Regulation and section 47 of the Act.

(2)  Advisory opinions and interpretation bulletins issued under subsection (1) are not binding.

 

27   The following is added after section 73:

Part 8.01
Transfer, Lease or Sale of Common
Property, Easement of Covenant
or Condominium Parcel

Transfer, lease or sale of common property

73.01(1)  In this section, “persons having a registered interest in the parcel” means persons who have an interest registered against the condominium plan or certificate of title to a unit in the condominium plan, but does not include persons who own units.

(2)  Before a corporation proceeds with a transfer or lease of common property under section 49 of the Act, the corporation shall obtain the consent in writing of at least 75% of the persons having a registered interest in the parcel to

                                 (a)    the release of those interests in respect of the land comprised in the proposed transfer or lease, or

                                 (b)    the execution of the proposed transfer or lease.

(3)  Before a corporation grants an easement or covenant burdening a parcel under section 52 of the Act, the corporation shall obtain the consent in writing of at least 75% of the persons having a registered interest in the parcel to the release of those interests in respect of the land comprised in the proposed easement or covenant.

(4)  Before a corporation proceeds with a transfer of a parcel or part of a parcel under section 63 of the Act, the corporation shall

                                 (a)    hold a meeting of the owners and persons having a registered interest in the parcel, and

                                 (b)    obtain the consent in writing of at least 75% of the persons having a registered interest in the parcel to the release of the interest in respect of the land comprised in the proposed disposition.

(5)  A corporation shall provide the following information to persons attending a meeting under subsection (4)(a):

                                 (a)    the reason for the termination of the corporation;

                                 (b)    the status of the termination process;

                                 (c)    details of the proposed sale;

                                 (d)    a statement of the proportion of the sale proceeds to be allocated in respect of each unit;

                                 (e)    a list of the persons having a registered interest in the parcel who will be asked to consent to the release of their interests in respect of the parcel;

                                 (f)    any other factors the corporation considers relevant to the owners and persons having a registered interest in the parcel in respect of the sale.

(6)  Despite subsection (2), (3) or (4), a corporation may, on 60 days’ written notice to each of the persons having a registered interest in the parcel, apply to the Court for an order to proceed with

                                 (a)    a transfer or lease of common property under section 49 of the Act,

                                 (b)    a grant of an easement or covenant burdening the parcel under section 52 of the Act, or

                                 (c)    a transfer of a parcel or part of a parcel under section 63 of the Act.

(7)  The Court may, after hearing an application under subsection (6), waive the requirement for at least 75% of persons having a registered interest in the parcel to release their interests, and make the order sought under subsection (6), subject to any terms and conditions that the Court considers appropriate in the circumstances.

(8)  Where the Court makes an order under subsection (7), the interests of the persons having a registered interest in the parcel are terminated to the extent of the disposition permitted by the order of the Court.

Sale of condominium parcel

73.02(1)  On registration by the Registrar of a transfer executed under section 63 of the Act, the proceeds of the sale shall be

                                 (a)    first, used to pay any remaining debts and liabilities of the corporation, and

                                 (b)    second, distributed to the owners of the units in the condominium plan in shares proportional to the unit factors for the units, subject to subsection (2) and section 73.03.

(2)  Nothing in this section affects a claim to sale proceeds arising under this section by a person holding a charge on a unit.

Corporation-owned units on termination

73.03  A unit owned by the corporation constituted in respect of a particular condominium plan is deemed to have been allocated zero unit factors for the purposes of

                                 (a)    determining the shares of the owners of units of a parcel as tenants in common under section 62(2) of the Act, or

                                 (b)    the distribution of proceeds of a sale of the parcel under section 63 of the Act.

 

28   The following is added after section 73.4:

Part 8.3
Notices, Notifications

Definition

73.5   In this Part, “corporation” means the corporation constituted in respect of a particular condominium plan.

Electronic notices, notifications

73.51(1)  Where an owner has requested and consented to receive communications from a corporation by electronic means and has provided an electronic address for this purpose, the corporation shall, subject to subsection (3), send minutes, notices and notifications, including, without limitation, notices of meetings or notices of non-compliance with bylaws and notifications of new rules by electronic means to that address.

(2)  Where the corporation provides notice to an electronic address, the notices and any attachment to the notices must be sent in a manner that is capable of being indefinitely retained by the recipient.

(3)  The corporation is not required to send notices to electronic addresses pursuant to subsection (1) unless the electronic address is

                                 (a)    an email address, or

                                 (b)    any other type of electronic address that is permitted by the bylaws or the rules, or that is acceptable to the board, as signified by a board resolution.

(4)  A notice or notification sent under subsection (1) is considered to have been received by the owner 24 hours after it is sent by electronic means to the electronic address referred to in subsection (1).

(5)  An owner who has provided an electronic address for the purpose of receiving communications from a corporation shall ensure that the corporation is notified if this electronic address changes.

Notification of new rule

73.6(1)  Subject to subsections (2), (3) and (4), at least 30 days before a new rule is to come into effect, a corporation shall

                                 (a)    provide written notice of the new rule by either

                                           (i)    delivering it to each occupied unit on the parcel, or

                                          (ii)    posting it in an open and conspicuous common area on the parcel to which all owners and occupants have access,

                                     and

                                 (b)    serve written notice of the new rule on all owners who do not reside on the parcel.

(2)  A corporation may establish a rule that comes into effect immediately on notice being provided to, or served on, all the persons referred to in subsection (1) in accordance with subsection (1) if the rule

                                 (a)    addresses a safety concern, a security concern or an emergency, including an emergency resulting from one of the circumstances set out in section 20.1(1)(a) to (g), and

                                 (b)    ceases to apply when the safety concern, security concern or emergency no longer exists.

(3)   Subject to subsection (2), a rule is of no force or effect until 30 days after all written notices have been provided or served under subsection (1).

(4)  Subsection (1)(b) does not apply if the certificate of title to all of the units included in the condominium plan is registered in the name of the same owner or the same group of owners.

Consequences of non-compliance with bylaw

73.7(1)  Before imposing a sanction on a person who fails to comply with a bylaw, a corporation must serve a notice of proposed sanction on the person.

(2)  If a person who fails to comply with a bylaw is a tenant, a corporation may serve a notice of proposed sanction on the owner of the unit, in addition to complying with subsection (1).

(3)  A notice of proposed sanction must contain the following information:

                                 (a)    the unit number associated with the failure to comply with a bylaw;

                                 (b)    the name of the person subject to the proposed sanction, if known;

                                 (c)    the provision of the bylaw that has not been complied with;

                                 (d)    if the sanction is provided for in a bylaw in respect of non-compliance with a rule, the rule that has not been complied with;

                                 (e)    the date and time of the non-compliance, if applicable;

                                 (f)    other relevant particulars of the failure to comply;

                                 (g)    if applicable, the maximum monetary sanction for non-compliance with the bylaw;

                                 (h)    a description of corrective or other action, if any, that must be taken in respect of the non-compliance;

                                  (i)    the deadline, which must be at least 3 days, excluding holidays, after service of the notification, for taking the required actions or providing a written response to the notification, if any.

(4)  A person who is served with a notice of proposed sanction must be provided at least 3 days, excluding holidays, to provide a written response to the notice or to comply with the actions required under the notice.

(5)  When the deadline for a written response or corrective actions has expired and the corporation is not satisfied with the response or actions, if any, the corporation may, in accordance with subsection (6), impose a sanction

                                 (a)    on the person named in the notice of proposed sanction, or

                                 (b)    if no person is named in the notice of proposed sanction,

                                           (i)    on the owner, if the owner has not provided a notice to the corporation under section 53(5) of the Act setting out the name of the tenant in possession of the unit, or has provided a notice to the corporation under section 53(6) of the Act that a tenant is no longer in possession of the unit, or

                                          (ii)    on the tenant, if the owner has provided a notice to the corporation under section 53(5) of the Act and has not provided a notice to the corporation under section 53(6) of the Act that a tenant is no longer in possession of the unit.

(6)  A corporation imposing a sanction shall serve on the person subject to the sanction a notice of sanction that contains the following information:

                                 (a)    in respect of a monetary sanction, the amount of the sanction and the instructions and the deadline for payment of the sanction;

                                 (b)    in respect of a sanction other than a monetary sanction, a description of the sanction and the date and time at which it comes into effect;

                                 (c)    reasons for issuing the sanction;

                                 (d)    the date of the board resolution approving the sanction.

(7)  Where a person who is the subject of a proposed sanction is not an owner, a notice required to be served under this section may be served on the person electronically, if the person has provided the board with an electronic address, by personal service, ordinary or recorded mail addressed to the unit with which the sanction is associated, or by being left with a person apparently over the age of 18 years at the unit.

(8)  A corporation imposing a sanction on a tenant shall ensure that the owner of the unit to which the sanction relates is provided with copies of

                                 (a)    the notice of proposed sanction served by the corporation under subsection (1), and

                                 (b)    the notice of sanction served by the corporation under subsection (6).

(9)  Service is deemed to have been effected

                                 (a)    on the date on which acknowledgment of receipt of recorded mail is signed,

                                 (b)    7 days after the date on which the document is sent by ordinary mail, or

                                 (c)    24 hours after the document is sent by electronic means.

(10)  Subject to its bylaws, a corporation may delegate a power or duty conferred on it under this section, except the power to decide to impose a sanction.

(11)  For greater certainty, nothing in this section precludes a condominium manager or other person from serving notices relating to proposed sanctions.

Maximum monetary sanctions

73.8(1)  Subject to subsection (2) and any other limitations set out in the corporation’s bylaws, the maximum monetary sanction that may be imposed by a corporation for the failure to comply with a bylaw is

                                 (a)    for the first instance of non-compliance, $500 or a lower amount set out in the corporation’s bylaws, and

                                 (b)    for the 2nd and subsequent instances of non-compliance, $1000 or a lower amount set out in the corporation’s bylaws.

(2)  The maximum amount of the monetary sanction to be imposed for continuing non-compliance with a bylaw is $500 for the first week for the first instance of non-compliance and $1000 for each subsequent week or each week of any subsequent continuing non-compliance.

No monetary sanction for non-compliance with rule

73.81   Despite any bylaws to the contrary, no monetary sanction may be imposed for a failure to comply with a rule.

 

29   The following is added before section 74:

Definition

73.9   In this Part, “corporation” means the corporation constituted in respect of a particular condominium plan.

 

30   The following is added after section 74:

Reasonable expenses re caveat

74.1   The following expenses are prescribed for the purposes of section 42(b) of the Act, up to an aggregate maximum amount of the expenses equal to the original amount owing in respect of the unit:

                                 (a)    legal and other professional fees and disbursements associated with preparing, registering and discharging the caveat;

                                 (b)    the cost of registering and discharging the caveat under the Land Titles Act.

Maximum rental deposit

74.2(1)  For the purposes of section 53 of the Act, the maximum rental deposit that may be charged is prescribed to be $1000 or one month’s rent, whichever is greater.

(2)  Despite subsection (1), any rental deposit that is greater than the amount prescribed in subsection (1) that was collected from an owner by a corporation before January 1, 2020 may be retained until the owner gives written notice that the owner’s unit is no longer rented.

Statement of account for rental deposits

74.3   A statement of account under section 53(7) of the Act must include an itemized list of the deductions from the rental deposit and the purpose for which each deduction was made.

No compensation for transferred parking unit

74.4   An owner of a unit labelled in a condominium plan of redivision as a parking space for visitors or persons with disabilities that must be transferred to the corporation under section 20(9) of the Act is not entitled to any compensation respecting that unit or transfer.

No unit factors for corporation-owned unit in condominium contribution calculation

74.5   A unit owned by the corporation is deemed to have been allocated zero unit factors for the purposes of calculating contributions under section 39 of the Act.

 

31   Section 79.1 is amended by adding the following after subsection (9):

(10)  A corporation shall, by March 31, 2020,

                                 (a)    comply with section 32.1(4) of the Act in respect of all rules that were in effect immediately before January 1, 2020, and

                                 (b)    ensure that all owners and all unit occupants receive a copy of all rules that are in effect.

(11)  On and after April 1, 2020, a rule for which a corporation failed to comply with under subsection (10) is invalid and of no force or effect.

(12)  The registration status of existing bylaws registered by a corporation before the repeal of the previous section 33 of the Act continues notwithstanding the coming into force of the new section 33 of the Act.

(13)  Section 44.2 of the Act does not apply to documents that, on January 1, 2020,

                                 (a)    no longer exist, or

                                 (b)    the corporation no longer had control over or access to.

 

32   Section 81 is amended by striking out “November 30, 2019” and substituting “November 30, 2024”.

 

33   Schedule 1 is amended

                                 (a)    by repealing Form 1 and Form 2;

                                 (b)    by adding the following after Form 3:

Form 3.1
Condominium Property Act
Section 34.1(2)

Change of Bylaw to Ensure Conformity
with the Act and Regulations

Condominium Corporation No. ____ hereby certifies that, by an ordinary resolution passed on the ___day of ____, 20___, a bylaw of the corporation was amended in compliance with section 34.1(2) of the Condominium Property Act as follows:

(set out or attach the terms of the resolution)

The seal of Condominium Corporation No. ____was affixed on the __ day of _______, 20__, in the presence of ____________.

_________________________

Director                                                                           (Corporate Seal)

                                 (c)    in Form 4

                                           (i)    in the heading by striking out “Section 49(4)” and substituting “Sections 49(4), 52(5) and 63(4)”;

                                          (ii)    by striking out “all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the corporation have consented in writing to the release of those interests in respect of the land comprised in the instrument+ and the instrument conforms with the terms of that resolution” and substituting “at least 75% of persons having registered interests in the parcel have consented in writing to the release of those interests in respect of the land comprised in the +(transfer, lease easement, covenant or disposition or other instrument)”;

                                         (iii)    by adding

“+Include only the applicable text above

(Include only the applicable instructions of the 2 sets of instructions below)

above

“+If, in the case”

                                 (d)    by repealing Form 6;

                                 (e)    in Form 8

                                           (i)    by striking out

Notice of New or Change of Directors

and substituting

Notice of Current Board Members’ Names and Addresses for Service

                                          (ii)    by striking out “directors of the board of Condominium Corporation No.___” and substituting “current members of the board of directors of the Condominium Corporation+”;

                                         (iii)    by adding “FOR SERVICE” after “ADDRESS”;

                                         (iv)    by adding “(add as many rows as are necessary)” above “The seal”;

                                          (v)    by adding the following at the bottom of the form (below “(Corporate Seal)”):

“+In the case of any change in board members for any reason (whether an election, a resignation or disqualification of a board member or the appointment of a replacement board member), or a change in the name or address of one or more board members, the copy of Form 8 that is prepared and submitted to the Registrar should include the names and current addresses for service of all board members at the time.”

                                  (f)    by repealing Form 12.

 

34   The following is added after Schedule 2:

Schedule 3
Minimum Retention Period for a
Corporation’s Documents and Information

(Section 44.2 of the Act, Section 20.55 of this Regulation)

 

Type of Documents and Information

Minimum Retention Period

1

Documents and information consisting of

 

(a)

A copy of the current bylaws of the corporation (section 32 of the Act)

Permanent

(b)

The particulars of any action commenced against the corporation and served on the corporation (section 20.52(1)(a)(i)(A) of this Regulation)

At least 7 years after the action concludes

(c)

The particulars of any unsatisfied judgment or order for which the corporation is liable (section 20.52(1)(a)(i)(B) of this Regulation)

At least 7 years after the judgment or order is satisfied

(d)

The particulars of any written demand made on the corporation for an amount in excess of $5000 that, if not met, may result in an action being brought against the corporation (section 20.52(1)(a)(i)(C) of this Regulation)

At least 7 years after the demand is made

(e)

The particulars of any post tensioned cables that are located anywhere on or within the property that is included in the condominium plan (section 20.52(1)(d) of this Regulation)

Permanent

(f)

A statement setting out the unit factors and the criteria used to determine unit factor allocation (section 20.52(1)(i) of this Regulation)

Permanent

(g)

A statement setting out any structural deficiencies that the corporation has knowledge of at the time of the request in any of the buildings that are included on the condominium plan (section 20.52(1)(a)(iv) of this Regulation)

 

(h)

Professional reports, such as engineering reports (section 20.52(1)(m) of this Regulation)

Permanent

(i)

Copies of any legal or other professional advice or opinions paid for by the corporation

At least 7 years after the date of the report

(j)

Copies of all manuals, schematic drawings, operating instructions, service guides, manufacturers’ documentation, records of service and repairs and other similar information or documentation in the possession or control of the developer, the interim board or the corporation respecting the construction, maintenance, repair and servicing of any common property or real or personal property of the corporation (section 16.1 of the Act, section 20.2(1)(d) of this Regulation)

At least 7 years after the date the advice or opinion was received

(k)

Structural, electrical, mechanical and architectural working drawings and specifications, and as built drawings (sections 8(1)(b) and (e) and 16.1(1)(b)(i) and (ii) of the Act)

3 years after the property to which the record relates is disposed of

(l)

The plans that exist showing the location of underground utility services, sewer pipes and cable television lines located on the parcel (section 16.1(1)(c) of the Act)

Permanent

(m)

All certificates, approvals and permits issued by a municipal authority, a person accredited by the Administrator under the Safety Codes Act, the Government or an agent of the Government that relate to the real property of the corporation, the common property and managed property

Permanent

(n)

Any building assessment report required under the New Home Buyer Protection Act or, in the case of a conversion, required under section 16.1(1)(f) or 21.1 of the Act

Permanent

(o)

Copies of all plans, documents and amended documents that are required to be prepared under the Safety Codes Act

Permanent

(p)

Copy of the condominium plan and any plan of redivision (sections 8 and 20 of the Act)

Until the subsequent plan is filed

2

The reserve fund report, reserve fund plan and any updates of either (section 20.52(1)(q) of this Regulation)

12 years after creation

3

Documents and information consisting of

 

(a)

A copy of the budget of the corporation (section 20.52(1)(e) of this Regulation)

7 years after creation

(b)

Annual financial statements, if any, of the corporation (section 30(4)(b) of the Act)

7 years after creation

(c)

A copy of any approved minutes of proceedings of a general meeting of the corporation or of the board (section 20.52(1)(h) of this Regulation)

7 years after creation

(d)

A copy of all insurance policies and insurance records obtained by or on behalf of the corporation and the certificate respecting each insurance policy (section 48 of the Act, section 20.52(1)(n) and (o) of this Regulation)

7 years after creation

(e)

Records of repair and maintenance

3 years after the property to which the record relates is disposed of

(f)

Copies of all records respecting the account maintained by the financial institution holding the reserve fund, operating funds or any other funds of the corporation

7 years after creation

 

 

 

 

 

 

4  

Documents and information consisting of

 

(a)

A statement produced on request setting out the amount of any contributions in respect of a unit and the amount that is payable

3 years after creation

(b)

A statement produced on request setting out the amount of the capital replacement reserve fund (section 20.52(1)(a)(ii) of this Regulation)

3 years after creation

(c)

A statement setting out the amount of the contributions and the basis on which that amount was determined (section 20.52(1)(a)(iii) of this Regulation)

3 years after creation

(d)

A copy of all caveats registered against units that are owned by the corporation or intended to be transferred to the corporation

3 years after registration

(e)

Draft minutes of an annual general meeting that happened at least 30 days before (section 20.52(1)(h) of this Regulation)

Current — until replaced by approved minutes

(f)

A loan disclosure document (section 20.52(1)(a)(v) of this Regulation)

3 years after creation

(g)

Certificate issued under section 43.2 of the Act

3 years after creation

(h)

Copies of all outstanding orders made pursuant to the Safety Codes Act, Municipal Government Act or New Home Buyer Protection Act

3 years after expiry of the order

(i)

A copy of any restrictive covenant registered against the parcel (sections 51 and 52 of the Act)

3 years after creation

(j)

Proposals and notices of bylaw sanction (section 73.7 of this Regulation)

3 years after the notice

5

Results of votes on ordinary or special resolutions

3 years after vote

6

List of all common assets

3 years after the item was disposed of, along with the details of any disposition

7

Documents and information consisting of

3 years after end of agreement

(a)

A copy of any subsisting or prior management agreement (section 20.52(1)(b) of this Regulation)

3 years after end of agreement

(b)

A copy of any subsisting recreational agreement (section 20.52(1)(c) of this Regulation)

3 years after end of agreement

(c)

A copy of any lease agreement or exclusive use agreement, or bylaw, lease, licence or other instrument granting an owner the right to exercise exclusive possession with respect to the possession of a portion of the common property, including a parking stall or storage unit (section 20.52(1)(j) of this Regulation)

3 years after end of agreement

(d)

Every lease, licence or agreement for the common property or real property of the corporation

3 years after end of rental agreement

(e)

List of the names of each tenant, the unit number being occupied by the tenant and the amount of any deposit paid by the owner (section 53 of the Act)

3 years after end of agreement

8

Rules adopted by the corporation (section 32.1 of the Act)

3 years after the rule ceases to be in effect or is amended or repealed

9

All warranties and guarantees on the real and personal property of the corporation, the common property and managed property

3 years after the expiry of the last warranty coverage

10

Original votes cast in an ordinary or special resolution (sections 26.3 to 26.8 of the Act)

12 months after the vote

11

Proxy forms (section 26(5) of the Act, section 31.2 of this Regulation)

180 days after provided to the corporation

12

Documents and information consisting of

3 years after the rule ceases to be in effect or is amended or repealed

(a)

Assignments of areas of exclusive possession to each owner (sections 8(1)(i) and 50 of the Act)

3 years after the end of the assignment of the exclusive possession area

(b)

Any additional address for service of an owner, apart from the owner’s unit address

Maintain on ongoing basis

(c)

List of the names and addresses of all mortgagees who have given written notice to the corporation under section 26(3) of the Act

Maintain on ongoing basis

 

Schedule 4
(Section 33 of the Act)

(Note:  Section 33 of the Act provides that the bylaws in this Schedule apply only until they are repealed or replaced by special resolution and registered at the land titles office.)

Bylaws of the Corporation

1(1)  In these bylaws,

                                 (a)    “Act” means the Condominium Property Act;

                                 (b)    “annual general meeting” means an annual general meeting of the corporation;

                                 (c)    “general meeting” means a general meeting of the corporation;

                                 (d)    “Regulation” means the Condominium Property Regulation (AR 168/2000).

(2)  Words and expressions defined in the Act or the Regulation have the same meaning in these bylaws.

(3)  The rights and obligations given or imposed on the corporation or the owners under these bylaws are in addition to any rights or obligations given or imposed on the corporation or the owners under the Act and the Regulation.

(4)  If there is any conflict between these bylaws and the Act or the Regulation, the Act or the Regulation prevails, to the extent of the conflict.

(5)  A notice that is required to be provided under these bylaws may be provided in writing or electronically to the address provided to the corporation by the owner or, if applicable, the occupant.

Duties of the Owner, Occupant
and Corporation Respecting Entry

2(1)  An owner and an occupant shall permit the corporation and its agents, at all reasonable times on notice, except in case of emergency, to enter in or on the owner’s unit for the purpose of

                                 (a)    inspecting the unit,

                                 (b)    maintaining, repairing or replacing pipes, wires, cables and ducts existing in or on the unit and used or capable of being used in connection with the enjoyment of any other unit or common property or real property of the corporation,

                                 (c)    maintaining, repairing or replacing common property or real property of the corporation or maintaining, repairing or replacing other property in accordance with section 62.3 of the Regulation, or

                                 (d)    ensuring compliance with the bylaws.

(2)  An owner

                                 (a)    shall forthwith pay all contributions, levies, rates, taxes, charges and assessments that may be payable in respect of the owner’s unit,

                                 (b)    shall forthwith carry out all work that may be required pursuant to these bylaws or as required by a municipal authority or other public authority in respect of the owner’s unit, other than any work for the benefit of the building or parcel generally,

                                 (c)    shall maintain the owner’s unit and exclusive possession areas in a state of good repair,

                                 (d)    shall notify the corporation forthwith of

                                           (i)    any change in the ownership of the unit, or

                                          (ii)    any mortgage registered against the unit,

                                        and

                                 (e)    shall not make structural, mechanical or electrical alterations to the owner’s unit or to the common property unless the owner

                                           (i)    has obtained the prior written consent of the board, which must not be unreasonably withheld, and

                                          (ii)    has ensured that all permits required under law have been obtained.

(3)  Except in case of emergency, the corporation shall give an owner or occupant at least 24 hours’ written notice before seeking entry to the unit for the purposes set out in subsection (1)(a).

Monetary Sanction

3   A corporation may impose a monetary sanction on an owner or occupant who contravenes section 2(1) or (2)(b) to (e) up to a maximum sanction of

                                 (a)    $500 for the first contravention,

                                 (b)    $1000 for the 2nd and subsequent contraventions, and

                                 (c)    in the case of a continuing contravention, a further sanction of $250 for each week during which the contravention continues after the first week.

Powers of the Corporation

4   The corporation may

                                 (a)    acquire personal property to be used

                                           (i)    for the maintenance, repair or replacement of the real or personal property of the corporation or the common property, or

                                          (ii)    by owners in connection with their enjoyment of the real or personal property of the corporation or the common property,

                                 (b)    subject to section 31.7 of the Regulation, borrow money required by the corporation in the performance of its duties or the exercise of its powers,

                                 (c)    secure the repayment of money borrowed by the corporation and interest on that money by negotiable instrument, a mortgage of unpaid contributions, whether levied or not, or a mortgage of any property owned by it or by any combination of those means,

                                 (d)    grant a right of exclusive possession to an owner under section 50 of the Act,

                                 (e)    charge interest under section 40 of the Act on any contribution owing to the corporation by an owner, and

                                 (f)    make an agreement with an owner or tenant of a unit for the provision of amenities or services by the corporation to the unit or to the owner or tenant of the unit.

Election of the Board

5(1)  The board shall consist of not fewer than 3 and not more than 7 individuals.

(2)  Notwithstanding subsection (1), if there are not more than 2 owners, the board may consist of at least one and not more than 7 individuals.

Eligibility to Sit on the Board

6(1)  An individual does not need to be an owner in order to be elected to the board.

(2)  Notwithstanding subsection (1),

                                 (a)    if a unit has more than one owner, only one owner in respect of that unit may sit on the board at one time, and

                                 (b)    an owner who has not paid to the corporation the contributions or levies due and owing in respect of the owner’s unit is not eligible for election to the board.

(3)  An individual is not eligible to be a member of the board if the individual

                                 (a)    is under 18 years of age,

                                 (b)    is a represented adult as defined in the Adult Guardianship and Trusteeship Act,

                                 (c)    is the subject of a certificate of incapacity that is in effect under the Public Trustee Act,

                                 (d)    is a formal patient as defined in the Mental Health Act,

                                 (e)    has been found, in Alberta or another province, to be of a mental state that is the equivalent of a state described in clauses (b) to (d) and that finding has not expired or been overturned or vacated by a court in Canada,

                                 (f)    is an undischarged bankrupt, or

                                 (g)    is incarcerated.

(4)  An individual is not eligible to be a member of the board if the individual

                                 (a)    is on probation,

                                 (b)    has been convicted of an offence involving fraud, deceit or breach of trust or an offence under the Act in the past 10 years,

                                 (c)    has judgments against the individual under the Act, or

                                 (d)    has or potentially has a private interest in an agreement, arrangement or transaction involving the corporation that could occur during the individual’s term on the board,

and does not disclose that information at a general meeting before a vote to elect members of the board is called where that individual is standing for election to the board.

Voting

7(1)  At an election of members of the board, each person who has a right to vote may vote for the same number of nominees as there are vacancies to be filled on the board.

(2)  A person who owns 2 or more units may vote in respect of each unit in an election.

Term of Office

8(1)  Subject to subsection (2), a member of the board is to be elected at an annual general meeting for a term expiring at the conclusion of the annual general meeting convened in the 2nd year following the year in which the member was elected to the board.

(2)  At the meeting convened under section 29 of the Act to elect the first board,

                                 (a)    not more than 50% of the members of the board shall be elected for a term expiring at the conclusion of the annual general meeting convened in the year following the year in which they were elected, and

                                 (b)    the balance of the members shall be elected for a term expiring at the conclusion of the annual general meeting convened in the 2nd year following the year in which they were elected.

(3)  Each member of the board shall remain in office until

                                 (a)    the office becomes vacant under section 28.1(1) of the Act or section 9,

                                 (b)    the member resigns,

                                 (c)    the member ceases to be a member of the board under section 28.1 of the Act, or

                                 (d)    the member’s term of office expires,

whichever comes first.

Vacating of the Office of a
Member of the Board

9   In addition to the grounds set out in section 28.1 of the Act under which an individual ceases to be a member of the board, the office of a member of the board is vacated if the member

                                 (a)    is absent from 3 consecutive meetings of the board without permission of the board and it is resolved at a subsequent meeting of the board that the member’s office be vacated,

                                 (b)    is found guilty of an offence involving fraud, deceit or breach of trust under any enactment of Alberta, another province, Canada or another country,

                                 (c)    fails to make a disclosure as required under section 6(4),

                                 (d)    is incarcerated while on probation, or

                                 (e)    commits an offence under the Act.

Vacancy

10(1)  Unless a special general meeting is called to re‑elect a board, when a vacancy occurs on the board other than under section 28.1(1) of the Act, or when a member of the board becomes deceased, the board may appoint an individual to fill that office for the remainder of the former member’s term.

(2)  Subject to subsection (3), if all offices on a board become vacant, the individual whose office was the last to become vacant shall immediately call a general meeting to be held within 14 days to elect a new board, unless that individual is deceased or otherwise unable to convene a general meeting.

(3)  If the individual whose office was the last to become vacant is unable to call a general meeting or does not do so under subsection (2), the condominium manager, or if there is no condominium manager, the solicitor for the corporation, shall call a general meeting to be held as soon as reasonably possible to elect a new board.

(4)  If subsection (2) is not complied with, and there is no condominium manager or solicitor for the corporation, an owner may call a general meeting to be held as soon as reasonably possible to elect a new board.

Officers of the Corporation

11(1)  At the first meeting of the members of the board held after the general meeting of the corporation at which they were elected, the board shall designate from its members a president, vice‑president, secretary and treasurer of the corporation.

(2)  Notwithstanding subsection (1), the board may designate one individual to fill the offices of secretary and treasurer.

(3)  In addition to those duties assigned to the officers by the board,

                                 (a)    the president or, in the event of the president’s absence or disability, the vice‑president

                                           (i)    is responsible for the daily execution of the business of the corporation, and

                                          (ii)    shall act as chair of the meetings of the board,

                                 (b)    the secretary or, in the event of the secretary’s absence or disability, another member of the board designated by the board

                                           (i)    shall record and maintain all the minutes of the board,

                                          (ii)    is responsible for all the correspondence of the corporation,

                                         (iii)    is responsible for retaining and managing corporation documents in accordance with the Regulation, the Act and these bylaws,

                                         (iv)    is responsible for preparing and providing corporation documents on request and in accordance with the Regulation, the Act and these bylaws, and

                                          (v)    shall carry out the secretary’s duties under the direction of the president and the board,

                               and

                                 (c)    the treasurer or, in the event of the treasurer’s absence or disability, another member of the board designated by the board shall

                                           (i)    receive all money paid to the corporation and deposit it as the board may direct,

                                          (ii)    properly account for the funds of the corporation and keep those books as the board directs,

                                         (iii)    present to the board when directed to do so by the board a full, detailed account of receipts and disbursements of the corporation, and

                                         (iv)    prepare or arrange for the preparation of audited statements and any budgets required under the Regulation, the Act and these bylaws.

(4)  The corporation may delegate any duty or function conferred or imposed by subsection (3), other than subsection (3)(a)(ii), to any person designated by the corporation, on any terms and conditions determined by the corporation.

(5)  An individual ceases to be an officer of the corporation if the individual ceases to be a member of the board.

(6)  If an individual ceases to be an officer of the corporation, the board shall designate from its members an individual to fill that office for the remainder of the term.

(7)  An individual who ceases to be a member of the board or an officer of the corporation shall return all corporation property and documents to the corporation within 14 days after ceasing to be a board member or officer.

(8)  If a board consists of not more than 3 individuals, those individuals may perform the duties of the officers of the corporation in any manner that the board may direct.

Majority Vote and Quorum of the Board

12(1)  At meetings of the board, all matters are to be determined by majority vote and, in the event of a tie vote, the chair is entitled to a casting vote in addition to the chair’s original vote.

(2)  A quorum for a meeting of the board is a majority of the members of the board.

Written Resolutions

13   A written resolution of the board signed by all of the members of the board has the same effect as a resolution passed at a meeting of the board duly convened and held.

Seal of the Corporation

14(1)  The corporation shall have a corporate seal that must not be used except

                                 (a)    under the authority of a resolution of the board given prior to its use, and

                                 (b)    in the presence of not fewer than 2 members of the board who shall sign the instrument to which the seal is affixed.

(2)  Notwithstanding subsection (1), if there are not more than 3 members of the board, one member may be authorized by the board to use the corporate seal and sign the instrument to which the seal is affixed.

Signing Authority

15   The board shall prescribe, by resolution,

                                 (a)    those officers or other individuals who are authorized to sign cheques, drafts, instruments and other documents not required to be signed under the corporate seal, and

                                 (b)    the manner, if any, in which those cheques, drafts, instruments or other documents are to be signed.

Powers of the Board

16(1)  The board shall

                                 (a)    meet at the call of the president to conduct its business and adjourn and otherwise regulate its meetings as it thinks fit, and

                                 (b)    meet when a member of the board gives to the other members not less than 7 days’ notice of a meeting proposed by the member, specifying the reason for calling the meeting.

(2)  The board may employ on behalf of the corporation any agents and employees it thinks necessary to control, manage and administer the real and personal property of the corporation and the common property and in that respect may authorize those persons to exercise the powers of and carry out the duties of the corporation.

(3)  The board may, subject to any restriction imposed on it or direction given to it at a general meeting of the corporation, delegate to any of its members or to other persons any or all of its powers and duties as it thinks fit, and may at any time revoke that delegation.

Duties of the Board

17   The board shall

                                 (a)    cause proper books of account to be kept in respect of all money received and expended by it and the matters in respect of which the receipt and expenditure take place,

                                 (b)    prepare financial statements relating to all money of the corporation, and the income and expenditures of the corporation, for each fiscal year,

                                 (c)    maintain financial records of all the assets, liabilities and equity of the corporation, and

                                 (d)    submit to the annual general meeting an annual report consisting of the financial statements and other information as the board may determine or as may be directed by a resolution passed at a general meeting.

Procedure

18   All meetings of the board and general meetings are to be conducted according to the latest edition of Robert’s Rules of Order Newly Revised, to the extent that it is consistent with these bylaws, unless alternate rules of procedure are adopted by the board.

Notice of Annual General Meetings

19(1)  The board shall provide each owner with a preliminary notice of each annual general meeting at least 60 days before the scheduled annual general meeting.

(2)  A preliminary notice of an annual general meeting must contain the following information:

                                 (a)    the date and location of the annual general meeting;

                                 (b)    a call for proposed agenda items;

                                 (c)    a deadline for submission of proposed agenda items, which must be no more than 30 days before the annual general meeting;

                                 (d)    a statement that a proposed agenda item submission must include

                                           (i)    a description of the proposed agenda item that provides sufficient detail and clarity for the purposes of a vote by owners on the contents of the meeting agenda, and

                                          (ii)    any other information necessary to effectively consider the proposed agenda item;

                                 (e)    a statement that the owners present at the annual general meeting will decide the contents of the agenda by a majority vote at the beginning of the annual general meeting;

                                 (f)    if the corporation accepts electronic submission of proposed agenda items, the specific electronic address to which proposed agenda items must be submitted.

(3)  An owner may submit a proposed agenda item by sending the description of the item

                                 (a)    to the corporation’s address for service, or

                                 (b)    to the corporation’s electronic address.

Quorum

20(1)  Except as otherwise provided by these bylaws, no business shall be transacted at an annual general meeting or a general meeting unless a quorum of persons with a right to vote is present or represented by proxy at the time when the meeting commences.

(2)  A quorum for an annual general meeting or a general meeting consists of not less than 25% of all the persons with a right to receive notice under section 30(3) or 30.1(1) of the Act being present in person or represented by proxy at that meeting.

(3)  If, within 30 minutes from the time appointed for the commencement of an annual general meeting or a general meeting, a quorum is not present, the meeting shall stand adjourned to the corresponding day in the next week at the same place and time and if, at the adjourned meeting, a quorum is not present within 30 minutes from the time appointed for the commencement of the meeting, the persons with a right to vote who are present or represented by proxy constitute a quorum for the purpose of that meeting.

Order of Business

21(1)  The president or, in the event of the president’s absence or disability, the vice‑president or other individual designated by the president or vice‑president, shall act as chair of an annual general meeting or a general meeting.

(2)  The order of business at an annual general meeting and, as far as practicable, at any other general meeting, is to be as follows:

                                 (a)    call to order by the chair;

                                 (b)    calling of the roll and certifying of proxies;

                                 (c)    proof of notice of meeting, waiver or proxies, as the case may be;

                                 (d)    reading and disposal of any unapproved minutes;

                                 (e)    vote on agenda items;

                                 (f)    reports of officers, if any;

                                 (g)    reports of committees, if any;

                                 (h)    election of members of the board;

                                  (i)    agenda items of unfinished business;

                                  (j)    agenda items of new business;

                                 (k)    adjournment.

(3)  In the event that there are no members on the board and a general meeting is called, the order of business at the meeting is to be as follows:

                                 (a)    call to order by the individual who called the meeting;

                                 (b)    calling of the roll and certifying of proxies by the individual who called the meeting;

                                 (c)    proof of notice of meeting, waiver or proxies, as the case may be, by the individual who called the meeting;

                                 (d)    election of a meeting chair;

                                 (e)    other business as may be applicable under subsection (2)(e) to (k).

Show of Hands

22(1)  At a general meeting, an ordinary resolution shall be voted on by a show of hands unless a poll vote is demanded by a person with a right to vote and present in person or by proxy, and unless a poll vote is so demanded, a declaration by the chair that a resolution has on the show of hands been carried is conclusive proof of the fact without proof of the number or proportion of votes recorded in favour of or against the resolution.

(2)  If an owner owns more than one unit, the owner’s show of hands signifies the vote in respect of all units owned by that owner.

(3)  If a proxy holder holds more than one proxy, the proxy holder’s show of hands signifies the vote in respect of all units owned and all proxies held by that individual.

(4)  If an individual demands a poll vote, that individual may withdraw that demand and on the demand being withdrawn the vote shall be taken by a show of hands.

Conduct of Poll Vote

23(1)  A poll vote, if demanded, shall be conducted in a manner as directed by the chair, and the result of the poll vote shall be deemed to be the resolution of the meeting at which the poll vote was demanded.

(2)  Where a poll vote is conducted, the votes must be counted by at least 2 individuals.

(3)  Where possible, the 2 individuals who count the votes of a poll vote shall consist of a member of the board and an owner who is not a member of the board.

Vote by Co-owners

24(1)  If a unit is owned by more than one person, those co-owners may vote personally or by proxy and

                                 (a)    in the case of a vote taken by a show of hands, those co-owners are entitled to one vote between them, and

                                 (b)    in the case of a vote taken by a poll, a co-owner is entitled to that portion of the vote applicable to the unit as is proportionate to the co-owner’s interest in the unit.

(2)  A co-owner may demand that a poll vote be taken.

Tie Vote

25   In the case of a tie in a vote taken at an annual general meeting or a general meeting, whether on a show of hands or on a poll vote, the resolution does not pass.

Vote at Annual General Meeting
or General Meeting

26(1)  Except for matters requiring a special resolution, all matters shall be determined by ordinary resolution.

(2)  The following must be recorded in the minutes of an annual general meeting or general meeting:

                                 (a)    the results of whether or not a resolution passed in a show of hands vote;

                                 (b)    the number of persons entitled to exercise the power of voting who voted in favour of the resolution in a poll vote and the number of unit factors represented by these persons;

                                 (c)    the number of persons entitled to exercise the power of voting who voted against the resolution in a poll vote and the number of unit factors represented by these persons,

                                 (d)    the text of resolutions adopted by the corporation.

Date of Next Annual General Meeting

27   On and after July 1, 2020, each annual general meeting shall occur within 90 days after the beginning of the fiscal year.

Appointment of Proxy

28   An instrument appointing a proxy shall not be transferred by a proxy holder to an individual who is not named in the proxy.

No Further Restrictions on Voting

29   Except as provided for in the Act and the Regulation, there are no restrictions or limitations on an owner’s right to vote at an annual general meeting or a general meeting.

Counting and Certification of Votes

30   The chair or the chair’s delegate shall certify the results of votes conducted at a general meeting.

Failure to Comply with Bylaws

31   The board may exercise the powers provided for in section 36 of the Act.

Limits on Corporation Powers

32   A corporation may exercise all powers granted to a corporation under the Act and the regulations under the Act, except to the extent that

                                 (a)    the Act requires a specific bylaw to be enacted before the corporation exercises that power, or

                                 (b)    an ordinary resolution made under section 28.2(1) of the Act directs the board not to exercise a right or a power granted by the Act or the regulations under the Act.

Amendment of Bylaws

33   If an amendment, repeal or replacement of a bylaw is proposed, not fewer than 14 days prior to the day on which the special resolution is to be voted on, the persons with a right to vote shall be given written copies of the existing bylaw accompanied with highlighted or underlined text showing the bylaw as it would read if the proposed amendment, repeal or replacement had been implemented.

Restrictions in Use

34(1)  In this section,

                                 (a)    “occupant” means a person present in or on a unit or in or on the real or personal property of the corporation or the common property with the permission of an owner;

                                 (b)    “owner” includes a tenant.

(2)  An owner shall not

                                 (a)    use or enjoy the real or personal property of the corporation or the common property in such a manner as to unreasonably interfere with its use and enjoyment by other owners or the occupants,

                                 (b)    use the owner’s unit in a manner or for a purpose that will cause a nuisance or hazard to any other owner or occupant,

                                 (c)    use the owner’s unit for a purpose that is illegal,

                                 (d)    make undue noise in or on the owner’s unit or on or about real property of the corporation or the common property,

                                 (e)    keep an animal in or on the owner’s unit or on the real property of the corporation or the common property after a date specified in a notice provided to the owner by the board,

                                 (f)    in the case of a residential unit, use the owner’s unit for a purpose other than for residential purposes,

                                 (g)    do anything in respect of the owner’s unit, the real or personal property of the corporation or the common property or bring or keep anything on it that will in any way increase the risk of fire or result in an increase of any insurance premiums payable by the corporation,

                                 (h)    use a toilet, sink, tub, drain or other plumbing fixture for a purpose other than that for which it is constructed,

                                  (i)    hang or place on the real property of the corporation or the common property or within or on a unit anything that is, in the opinion of the board, esthetically unpleasing when viewed from outside the units,

                                  (j)    leave articles belonging to the owner’s household on the real property of the corporation or the common property when those articles are not in actual use,

                                 (k)    obstruct a sidewalk, walkway, passage, driveway or parking area other than for ingress and egress to and from the owner’s unit, or

                                  (l)    use any portion of the real property of the corporation or the common property except in accordance with the bylaws.

(3)  An owner shall ensure that the owner’s occupants comply with those requirements that the owner must comply with under subsection (2).

Code of Conduct

35(1)  A corporation shall establish a code of conduct for the members of its board by resolution.

(2)  Each member of the board who is elected after January 1, 2020 shall be provided with the code of conduct forthwith and

                                 (a)    acknowledge in writing that he or she is aware of the code of conduct and agrees to comply with the code of conduct while acting as a member of the board, and

                                 (b)    return the acknowledgment to the corporation.

(3)  A member of the board referred to in subsection (2) is not permitted to vote at meetings until that member complies with subsection (2).

 

35   The Condominium Property Amendment Regulation (AR 256/2018) is repealed.

 

36(1)  This Regulation, except sections 1, 10, 32 and 35, comes into force on January 1, 2020.

(2)  Section 10 comes into force on the coming into force of section 7(4) of the Ensuring Fiscal Sustainability Act, 2019.