Condominium Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/conregs.htm

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Condominium Regulations
made under Section 46 of the

Condominium Act

R.S.N.S. 1989, c. 85

O.I.C. 71-1173 (November 23, 1971), N.S. Reg. 60/71

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 82/2015

 

Table of Contents

Text of Regulations

[Definitions]

Prescribed forms

Part A - Documents filed with Report on Title

Surveys and Plans

Part B - General

Monumentation

Standards of survey for level 1

Standards for level 1 plans

Standards for plans other than level 1

Architectural/structural plans

Part C - Duties of Registrars of Deeds

Part D - Duties of the Registrar of Joint Stock Companies

Part E - Duties of Registrar of Condominiums

Part F - The Municipal Government Act and the Halifax Regional Municipality Charter

Part G - General

Part H - Occupancy Fees

Part I - Agreements of Purchase and Sale

Part J - Phased-Development Property

Part K - Reserve-fund Studies

General

Reserve-fund study requirements

Comprehensive reserve-fund study

Updates of reserve-fund studies

Reserve-fund status certificate

Part L - Dispute Resolution Processes

Mediation and arbitration under Section 33A of the Act

Applying for hearing under Section 33 of the Act

Hearings conducted under Section 33 of the Act

Condominium appeals officers

Appealing a condominium dispute officer’s order

Appeals conducted under Section 33 of the Act

Landlord and tenant complaint resolution process under Sections 44C and 44D of the Act

Part M - Penalties

Schedule “A” - Registration Districts

Schedule “B” Fees

Schedule “C”
Forms

Form 1: Lawyer’s Certificate to accompany Report on Title

Form 2: Surveyor’s Certificate to accompany Report on Title

Form 3: Notice to Registrar of Initial Board of Directors

Form 4: Surveyor’s Certificate for Use on All Plans

Form 5: Surveyor’s Certificate for Use When Unit is Defined by Reference to Building

Form 6: Certificate of Owners

Form 7: Notice of Expropriation

Form 8: Dedication by the Board of Additional Land to Common Elements

Form 9: Appointment of Agent for Condominium Corporation

Form 10: Notice of Termination of Condominium Corporation

Form 11: Notice of Termination under Section 41 of the Act

Form 12: Partial Discharge of Judgment

Form 13: Notice of Condominium Corporation Lien

Form 14: Discharge of Condominium Corporation Lien

Form 15: Certificate of Corporation about Corporation By-laws

Form 15A: Declarant’s Certificate about Corporation By-laws

Form 16: Certificate about Owners’ Consent to Consolidation of Units

Form 17: Certificate of Consolidation

Form 18: Consent to Amalgamate Condominium Corporations

Form 19: Registrar’s Notice For Documentation

Form 20: Certificate of Architect

Form 21: Certificate of Engineer

Form 22: Consent to Amend Description

Form 23: Notice of Intention to Submit Dispute to Arbitration

Form 24: Notice of Decision Not to Proceed with Subsequent Phases

Form 25: Notice of Breach of Condominium Corporation’s Declaration, By-laws, or Common-Element Rules

Form 26: Application to Condominium Dispute Officer to Hear Dispute Between Condominium Corporation and Unit Owner

Form 27: Notice of Appeal of Decision of Condominium Dispute Officer

Form 28: Notice of Proposed Condominium Rule Change by Board of Directors

[Definitions]

1     (1)    Terms defined in the Act have the same meaning in these regulations.

 

       (2)    In these regulations

 

                (a)    “condominium appeals officer” means a person appointed under subsection82C(1) to hear an appeal of a decision of a condominium dispute officer underSection 33 of the Act and Sections 82C and 82D;

Clause 1(2)(a) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (aa)  “condominium dispute officer” means a person appointed in subsection 82A(1)to hear disputes between a condominium corporation and a unit owner underSection 33 of the Act and Sections 82A and 82B;

Clause 1(2)(aa) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (b)    “condominium property” means property as defined in Section 3(1)(s) of theAct, to which the Act applies;

Clause 1(2)(c) repealed: O.I.C. 89-376, N.S. Reg. 45/89.

 

                (d)    “diagram” means a compiled plan substantially depicting the extent andlocation of units;

 

                (da)  “lawyer” means a lawyer as defined in the Legal Profession Act who holds anannual certificate which is in force;

Clause 1(2)(a) relettered (da) and amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (e)    “Level 1” means the plan delineating the surface of the ground or theprojection thereof and showing the relationship of the structures to theboundaries of the lot or lots comprising the property;

 

                (f)    “lot” means any area of land delineated by a survey or described in aconveyance and includes a lot approved in accordance with the MunicipalGovernment Act or shown on a plan filed at a land registration office;

Clause 1(2)(f) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (g)    “monument” means a bar, post, stake, or any other object, thing or device usedto mark or witness a boundary of surveyed lands;

 

                (h)    “open traverse” means an unclosed traverse in the form of a branch emanatingfrom a main traverse or triangulation;

 

                (i)     “phase” means the additional units and common elements in a phased-development property that are created in accordance with these regulationsupon the registration of an amendment to both the declaration and description;

Clause 1(2)(i) added: O.I.C. 97-43, N.S. Reg. 6/97.

 

                (j)     “structural plan” for the purpose of clause (b) of subsection (1) of Section 12 ofthe Act means a copy of the structural drawing proposed for the project,mechanically reproduced on such material as the Registrar approves.

Original clause 1(2)(i) renumbered (j): O.I.C. 97-43, N.S. Reg. 6/97.

Prescribed forms

2     The forms listed in the following table and as attached to these regulations in Schedule “C”are prescribed to be used for the purposes stated:

FormNo.

Purpose of Form

1

lawyer’s certificate to accompany report on title

2

surveyor’s certificate to accompany report on title

3

notice to Registrar of initial Board of Directors under clause 14(b)(1) of the Act

4

surveyor’s certificate for use on all plans

5

surveyor’s certificate under clause 21(1)(d) for use where units are defined byreference to buildings

6

certificate of owners under clause 21(1)(g)

7

notice of expropriation under subsections 39(1) to (3) of the Act

8

dedication by the Board of additional land to common elements under Section46

9

appointment of agent of condominium corporation

10

notice of termination following substantial damage under Section 36 of the Act

11

notice of termination under Section 41 of the Act

12

partial discharge of judgment under subsection 20(2) of the Act

13

notice of condominium corporation lien under subsection 31(6) of the Act

14

discharge of condominium corporation lien under subsection 31(10) of the Act

15

certificate of condominium corporation about corporation by-laws underSection 67

15A

certificate of declarant about corporation by-laws under Section 67

16

certificate of condominium corporation about owners’ consent to theconsolidation of units under clause 72A(b)

17

Registrar’s certificate that the application to consolidate units was accepted forregistration under subsection 14(5) of the Act

18

certificate of condominium corporation confirming owners’ consent toamalgamation of corporations under clause 54A(b)

19

Registrar’s notice requiring documentation from corporation under subsection45A(2) of the Act

20

architect’s certificate under clause 12(1)(e) of the Act

21

engineer’s certificate under clause 12(1)(e) of the Act

22

certificate of condominium corporation about owners’ consent to anamendment of the description required by subsection 12(3) of the Act

23

notice of intent to have dispute arbitrated under subsection 33A(2) of the Act

24

declarant’s notice under subsection 76(7) of decision not to proceed withproposed phases

25

notice to owner and tenant of tenant’s breach of condominium declaration, by-laws or common element rules under Section 44C(1) of the Act

26

application to condominium dispute officer to hear a dispute between acondominium corporation and a unit owner

27

notice of an appeal of a decision of a condominium dispute officer

28

notice of proposed rule change to be given by board of directors undersubsection 24(1B) of the Act

Section 2 replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

Part A - Documents filed with Report on Title

Part A title amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

3     The Registrar may require any of the following documentation to accompany a report ontitle submitted on registration of a declaration:

Section 3 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    a plan of survey prepared in accordance with Section 4;

Clause 3(a) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (b)    a metes and bounds description of the property, prepared by the surveyor whoprepared the plan of survey referred to in clause (a);

Clause 3(a) relettered (b) and amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Clause 3(b) repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (c)    a tax certificate or certificates issued by the appropriate municipality,confirming that there are no outstanding taxes owing for the property;

Clause 3(c) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (d)    a certificate of a lawyer that he has investigated the title and believes theapplicant to be the owner of the freehold estate in the property, subject to theencumbrances, easements, and encroachments, if any, set forth in thecertificate, and that after consultation with the declarant, he is not aware of theexistence of any other claim adverse or inconsistent with the applicant’s to anypart of the land or to any interest therein, or that he is aware of such adverseclaim, in which case he shall set forth every such adverse claim and theparticulars thereof; such certificate may be in Form 1 or to the like effect.

Clause 3(1)(d) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

Clause 3(d) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Subsection 3(1) renumbered Section 3: O.I.C. 2011-252, N.S. Reg. 230/2011.

Subsection 3(2) repealed: O.I.C. 2011-252, 230/2011.

 

4     (1)    A plan of survey for a report on title shall be prepared by a surveyor in accordancewith good surveying practice and shall show

 

                (a)    the location of the boundaries of the proposed condominium property;

 

                (b)    if such property consists of more than one lot, the boundaries of the variouslots comprising the property;

 

                (c)    the names of the persons in actual occupation of the property or any partthereof;

 

                (d)    the location of any buildings or structures on the property;

 

                (e)    any monuments found or placed by the surveyor;

 

                (f)    the location and nature of any easements or encroachments affecting theproperty; and

 

                (g)    the names of adjoining owners so far as they can be determined.

 

       (2)    The plan of survey shall be accompanied by a certificate of the surveyorsubstantially in Form 2 stating that the metes and bounds description of the propertyaccompanying the report on title was prepared by such surveyor, and that itaccurately reflects the results of the survey and that the plan of survey has beenprepared by such surveyor in accordance with the Act.

Subsection 4(2) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

4A  An amendment filed by the declarant with the Registrar to create a phase of a phased-development property shall include a current report on title for the phase and thedocumentation required by the Registrar in accordance with Section 3.

Section 4A added: O.I.C. 97-43, N.S. Reg. 6/97; amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

5     A supplementary report on title shall consist of a current report on title for each unit and acertificate from a lawyer certifying that the lawyer believes all encumbrances affecting theunits and the common interest appurtenant thereto are listed in the certificate.

Section 5 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 6 repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

Surveys and Plans

Part B - General

 

7     Where a surveyor makes a survey and plan for the purposes of the Act, he shall smake thesurvey and plan in accordance with these regulations and good surveying practice.

 

8     For the purposes of this Part of the regulations, properties are classified as follows:

 

Class A - properties each of which is divided into units by vertical planes;

 

Class B - properties each of which is divided into units by horizontal or horizontal andvertical planes;

 

Class C - properties each of which is divided into units by planes that are neitherhorizontal nor vertical or by surfaces that are not planes.

Section 8 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

9     (1)    Sections 10 to 38, both inclusive, apply to Class A properties.

 

       (2)    Sections 10 to 40, both inclusive, apply to Class B properties.

 

       (3)    Plans of Class C properties shall be prepared in such manner as the Registrar deemsmost suitable to secure accuracy.

 

       (4)    Sections 10 to 40, both inclusive, do not apply to structural plans.

 

10   (1)    Before undertaking a survey, a surveyor shall refer to all documentary evidencerelated to the land under survey and the land adjoining the land under survey.

 

       (2)    The requirements of all statutes and regulations that affect the boundaries of the landshown on a plan shall be ascertained and complied with before the plan is presentedfor approval.

 

11   (1)    Where a monument no longer exists, all evidence concerning its original positionshall be considered in the re-establishment thereof.

 

       (2)    Where a monument is placed on an existing boundary, the monument shall beplaced on the boundary at a point which shall be established from evidence of theproperties on both sides of the boundary being monumented.

 

12   (1)    If a plan satisfies the requirements of the Act and the regulations, the Registrar mustendorse acceptance for registration of the plan on the plan.

Subsection 12(1) replaced: O.I.C. 2011-242, N.S. Reg. 230/2011.

 

       (2)    The Registrar may at any time conduct a site visit to examine a survey.

Subsection 12(2) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (3)    The Registrar may request additional information from a surveyor regarding anysurvey examined under the Act and the regulations.

Subsection 12(3) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

13   Before presenting a plan for registration, a surveyor shall submit to the Registrar a paperprint of the plan together with a copy of any adjacent or underlying plan and such titlerecords as may be required by the Registrar.

Section 13 amended: O.I.C. 2000-57, N.S. Reg. 21/2000; O.I.C. 2011-252, N.S. Reg. 230/2011.

 

14   (1)    The Registrar may accept a plan for registration that does not comply strictly withthe requirements of these regulations.

Subsection 14(1) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (2)    Except with the approval of the Registrar, no correction, amendment or otheralteration shall be made to any plan that has been accepted for registration.

Subsection 14(2) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Monumentation

15   (1)    Every angle in an exterior boundary of a condominium property and points atintervals not greater than 1,000 feet on the exterior boundaries of the property shallbe defined in the survey by a suitable monument.

 

       (2)    Walls, floors, ceilings or other physical features may be adopted as the monumentsthat control the boundaries of condominium units, if a statement to that effect isprinted on the plan or diagram of the unit that is registered.

 

       (3)    Where subsection (2) is not applied, boundaries shall be witnessed by measurementsto monuments.

 

       (4)    Monumentation may be varied where, in the opinion of the Registrar, therequirements of this Section are inappropriate, having regard to the circumstances.

Standards of survey for level 1

16   (1)    All boundaries of the land being surveyed shall be measured directly or shall bedetermined by closed traverse or triangulation.

 

       (2)    Open traverses shall be verified by two independent measurements of angle anddistance.

 

17   (1)    The error of closure in respect of the perimeter of each unit shall not exceed,

 

                (a)    for the first 100 feet of perimeter, an error of 0.05 feet;

 

                (b)    for each succeeding 100 feet of perimeter up to a total perimeter of 2000 feet,an error of 0.01 feet; and

 

                (c)    for a total perimeter of more than 2000 feet, an error of 1 in 10000.

 

       (2)    The errors of closure prescribed in subsection (1) also apply to open traverses.

 

18   The position of a natural boundary that forms a boundary of the land being surveyed orthat governs the position of that boundary shall be determined by

 

                (a)    periodic offsets from stations on a controlled traverse to such points on thenatural boundaries as are necessary to determine all its irregularities and toenable its relocation;

 

                (b)    controlled photogrammetric methods.

 

19   Bearings shall be related to the geographic poles of the earth and shall run in a clockwisedirection.

Section 19 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

20   (1)    The monuments controlling the extent of units shall be described fully in thedeclaration and a brief note describing the monuments shall be endorsed on the planof each level and, when the scale of the plan of any level is not sufficient to illustratethis clearly, a separate plan of compilation shall be drawn showing the specificationand relationship between the boundaries of the units and the monumentation.

 

       (2)    The original positions of the monuments referred to in subsection (1) shall beadopted as governing the location of units on any resurvey.

Standards for level 1 plans

21   (1)    A plan

 

                (a)    shall be drawn on durable material of such quality that reproductions may bemade without damaging the plan;

Clause 21(1)(a) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

                (b)    shall be drawn to a professional standard of draughtsmanship and be neat andclear and in fit condition for making legible reproductions;

 

                (c)    shall be certified on the plan by the surveyor in Form 4;

 

                (d)    shall, where any unit is defined by reference to a building, be certified on theplan by the surveyor in Form 5;

 

                (e)    shall show Form 7 in the upper right-hand corner;

Clause 21(1)(e) amended: O.I.C. 89-376, N.S. Reg. 45/89.

 

                (f)    shall show in the upper right-hand corner below Form 7 the followingnotation:

 

“Declaration registered at the applicable land registration office as Documentnumber _______”; and

Clause 21(1)(f) amended: O.I.C. 89-376, N.S. Reg. 45/89; O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (g)    shall be endorsed by each owner in Form 6.

 

       (2)    There shall be endorsed on the plan of each level a sheet number and the totalnumber of sheets.

 

       (3)    The only handwriting to appear on the plan shall be the signatures of those personsrequired to sign the plan, and under each signature shall be legibly printed the nameof the person signing.

 

       (4)    All signatures on the plan must be original signatures.

Subsection 21(4) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

22   A plan shall be drawn to a scale or scales sufficient for clarity of all particulars on the plan.

 

23   All linear measurements on a plan shall be shown either in feet and decimals of a foot, orin feet and inches, or in metres and decimals thereof.

 

24   Directions shall be shown on the plan in quadrantal bearings referred to the cardinal pointsand run in a clockwise direction.

Section 24 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

25   (1)    The origin of the bearings shall be stated on the plan in note form.

 

       (2)    Bearings may be derived from a line of known true bearing if survey evidence ofsuch line exists on the ground in its original position and is shown on the plan.

 

       (3)    Where bearings have been determined by the surveyor by direct observations, a noteshall be shown on the plan as follows:

 

“Bearings are true, derived from observations on ___________________________

                                (point of observation)

and are referred to the meridian through __________________________________.”

                (point on the ground definable by survey)

 

26   There shall be shown on a plan clearly and accurately by broken lines, sufficientinformation to enable the identification of

 

                (a)    the limits of pre-existing lots or limits defined by descriptions of landregistered under the Registry Act, included within the land surveyed and theland adjoining the land being surveyed; and

 

                (b)    sufficient information to identify the land referred to in clause (a).

 

27   The limits of units and common elements shall be shown on the plan by solid lines of aconsistent weight and the lines shall be heavier than the lines referred to in Section 26.

 

28   The adjoining limits of land adjacent to the land being surveyed shall be shown on the planand verified with actual measurements.

 

29   (1)    A plan shall show the position and form of all survey monuments and other evidencefound, conflicting or otherwise.

 

       (2)    Monuments and other evidence found shall be distinguished by the abbreviation“Fd.”.

 

30   (1)    The measurements of distances and directions obtained by the surveyor in the courseof a survey on the ground shall be reduced to true measurements and shall be shownon the plan.

 

       (2)    Where a measurement of distance or direction differs from that shown in a deed orother conveyance or plan registered under the Registry Act, the measurement shallbe followed by,

 

                (a)    the abbreviation “Meas.”;

 

                (b)    the corresponding measurement on the registered plan or in the deed orconveyance; and

 

                (c)    “Plan (No.) _______”, or ______ “Deed: Book _________ page ______,Year____________, Document number_________________”;

Clause 30(2)(c) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

or as the case may be.

 

31   (1)    A plan shall show

 

                (a)    the bearing and length of each straight line forming any surveyed limit or partof any surveyed limit, except that, in the case of a tier of units that is shown bydimensions to be a series of parallelograms, the direction of each of the sidelines of the units may be indicated by the bearings at both ends of the tier;

 

                (b)    the radius, arc length, and tangent or chord length and chord bearing, of eachcurved line forming any surveyed limit or part of any surveyed limit;

 

                (c)    the perpendicular or radial widths of every street, lane, public passage, unit orcommon element of which the limits are parallel or concentric;

 

                (d)    the straight line distances and bearings between the points of streetintersections on the same side of the street and, where all or part of anintersection is on a curve, the radius, arc length, and tangent or chord lengthand chord bearing of the curved portion; and

 

                (e)    the location of the radial centre of an arc that forms the end of a cul-de-sac,clearly defined with reference to the street or streets approaching the cul-de-sac.

 

       (2)    Where the arc of a simple curve joins a line that is not tangent to the curve, thejunction of curve shall be shown as “not tangential”.

 

       (3)    Where space does not permit the showing of the curve information in the normalposition in respect of the curve, it may be shown in schedule form on the plan.

 

32   (1)    Subject to subsection (2), there shall be shown on a plan all roads, streets, lanes,railway lands, rivers, canals, streams, lakes, ponds and marshes lying within orabutting the surveyed land.

 

       (2)    Topographical information that does not relate to the definition of limits of lots, unitsor common elements shall not be shown on a plan.

 

       (3)    Natural boundaries shall be accurately plotted on a plan.

 

       (4)    Where traverse lines are shown from which natural boundaries have been defined onthe ground, complete particulars shall be shown on a plan, including

 

                (a)    bearings, distances of traverse lines and lengths of offsets and the angles thatthey make with the respective traverse lines;

 

                (b)    information relevant to any other method by which a natural boundary isdetermined; and

 

                (c)    information relating to the boundaries and ties with other surveys and landboundaries.

 

       (5)    The particulars required by subsection (4) shall be shown along the appropriatecourse on the plan, but where it is not practicable to show such particulars they maybe shown in a schedule if they are identified and related to the appropriate course onthe plan.

 

33   Every part of a property that is not a common element shall be designated on the plan bythe word “UNIT” followed by a number, and the numbers shall follow consecutively andthere shall not be more than one “UNIT” designated on each level sheet by the samenumber and, where a specification is required of parts of the common elements that are tobe used by the owners of one or more units but not by all of the owners, these exclusiveuse portions may be designated on a separate plan by numbers or letters or by numbers andletters.

 

34   An easement or right of way existing at the time of the survey shall be shown on the plan.

 

35   Every plan shall bear a title briefly identifying the lot to which the plan applies.

 

36   Each plan shall show under the title the scale to which the plan is drawn, the names of thesurveyor or survey organization or firm, the year in which the survey was completed andthe date the plan was signed.

 

37   A simple north point accurately plotted shall be placed in a conspicuous position on eachplan.

 

38   (1)    At the time of submission for registration of a plan, there shall be delivered to theRegistrar together with the original plan 3 duplicates of the plan.

Subsection 38(1) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

       (2)    A duplicate plan shall be a mechanically reproduced copy of the plan of which it isthe duplicate, and shall be reproduced on such material and by such process as theRegistrar approves.

 

       (3)    The lands shown on one of the duplicate plans shall be coloured a light shade of pinkto designate units and yellow to designate the common elements.

Subsection 38(3) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Standards for plans other than level 1

39   Section 21, except clause (c) of subsection (1), and Sections 22, 27, 33 and 38 apply toplans of levels other than Level 1.

 

40   (1)    Plans of levels above Level 1 must be numbered consecutively beginning with thenumber “2” and plans of levels below Level 1 must be lettered alphabeticallybeginning with the letter “A”.

 

       (2)    Plans of levels other than Level 1 must be designated by the word “Level” and theappropriate number or letter and must conform to the following criteria:

 

          (b)[(a)]   they may be compiled from information obtained from the structural plans andthe plan of Level 1;

 

          (c)[(b)]   they must include all of the following:

 

                         (i)     a section or perspective drawing, sufficiently accurate to portray thevertical relationship of all levels,

 

                         (ii)    a drawing that shows the exterior elevations of all 4 principal views ofthe building at a scale not less than 1/16"=1 foot, showing exterior wallfinishes and patterns of windows and doors, down to normal architecturaltrim.

Section 40 replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

Architectural/structural plans

40A  (1)  At the time of submission for registration of a plan, there shall be delivered to theRegistrar together with the original plan 3 duplicates of the plan.

Subsection 40A(1) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

       (2)    The original plan shall be drawn, prepared and signed by a professional architect orengineer licensed to practice in the Province of Nova Scotia.

 

       (3)    A duplicate plan shall be a mechanically reproduced copy of the plan of which it is aduplicate, and shall be reproduced on such material and by such process as theRegistrar approves.

 

       (4)    Structural plans shall include the following information:

 

                (a)    floor plans for all levels of the building at a scale not less than 1/16” = 1 foot,showing all exterior walls, interior partitions, load bearing walls, fitments,counters, plumbing and heating fixtures and labelling all units and rooms;

 

                (b)    exterior elevations of all four principal views of the building at a scale not lessthan 1/16” = 1 foot, showing exterior wall finishes, patterns of windows anddoors, down to normal architectural trim;

 

                (c)    cross-sections through the principal structure of the building showing thegeneral make-up of roof, floors, walls and basement construction and showingany specialized details pertinent to the building, at a scale of not less than 1/4”= 1 foot;

 

                (d)    schematic mechanical and electrical servicing drawings indicating thegeneralized layout and make-up of such services;

 

                (e)    any other details determined by the Registrar to be pertinent to the project andbeneficial to the future of condominium owners for their use and enjoyment ofthe premises.

Section 40A added: O.I.C. 89-376, N.S. Reg. 45/89.

Part C - Duties of Registrars of Deeds

Section 41 repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

42   A condominium document required under the Act or the regulations may not be recordedor registered by a registrar of deeds under the Registry Act or the Land Registration Actunless the Registrar of Condominiums has endorsed [it] as accepted for registration.

Section 42 replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 43 repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

44   On receiving a condominium document from the Registrar of Condominiums that isendorsed in accordance with Section 42, a registrar of deeds must register or record thedocument in accordance with the Registry Act or the Land Registration Act, as applicable,and issue a receipt showing the day, hour and minute it was registered or recorded.

Section 44 replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 45 repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

46   Where land is to be added to the common elements, a conveyance may be made by thevendor to the Corporation as grantee and if the conveyance includes or is accompanied bya dedication by the Board in Form 8 the conveyance and dedication shall be registered inaccordance with the Registry Act or the Land Registration Act, as applicable, and the landbecomes, upon registration, a part of the common element.

Section 46 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 47 repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 48 repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

49   The fees set out in Schedule “B” are the only fees payable to a registrar of deeds in respectof services they perform under the Act and these regulations.

Section 49 replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

Part D - Duties of the Registrar of Joint Stock Companies

 

50   The Registrar of Joint Stock Companies shall open a file in respect of every CondominiumCorporation created pursuant to the Act and shall deposit therein all documents filed withhim relating to such corporation.

 

51   (1)    Subject to subsection (2), no document shall be filed by the Registrar of Joint StockCompanies unless it has been accepted for registration by the Registrar ofCondominiums and he has so endorsed the document in Form 7; but any documentso endorsed shall be filed notwithstanding any apparent failure of the document tocomply with the Act or these regulations.

 

       (2)    The following documents shall be filed by the Registrar of Joint Stock Companiesnotwithstanding that any such document is not endorsed by the Registrar ofCondominiums in accordance with subsection (1):

 

                (a)    an Appointment of Agent in Form 9, if it is executed by an officer of theCorporation under its corporate seal;

 

                (b)    a statement as to Directors and Officers under the seal of the Corporationpursuant to Section 52.

 

52   Every corporation shall file with the Registrar of Joint Stock Companies and with theRegistrar of Condominiums a statement under the seal of the corporation showing thenames, addresses and positions on the Board of its directors and officers, so soon as theyare elected, and shall thereafter file such amended statements as may from time to time benecessary to reflect any changes therein.

Section 52 amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

53   The fees set out in Schedule “B” are the only fees payable to the Registrar of Joint StockCompanies in respect of his services pursuant to the Act and these regulations.

Section 53 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Part E - Duties of Registrar of Condominiums

 

54   (1)    A declaration and description shall not be accepted for registration unless in additionto complying with the requirements of Section 11 of the Act,

 

                (a)    the declaration appears to be executed by every owner of and every personhaving a registered encumbrance against the land and interests appurtenant tothe land described in the description;

 

                (b)    the declaration is accompanied by such proof as to the execution by every suchowner as is required by the Registry Act or the Land Registration Act, asapplicable;

Clause 54(1)(b) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (ba)  proof of valid occupancy permits for all residential units or, in the case ofphased-development property, proof of valid occupancy permits for allresidential units in the phase, is provided;

Clause 54(ba) added: O.I.C. 89-376, N.S. Reg. 45/89; replaced: O.I.C. 97-43, N.S. Reg. 6/97.

 

                (c)    a statutory declaration from a municipal development officer in accordancewith Section 61 has been obtained; and

Clause 54(1)(c) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (d)    the description has been reviewed by the Registrar.

Section 54 renumbered subsection 54(1) and amended: O.I.C. 2000-57, N.S. Reg. 21/2000; amended:O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (1A) The description of a standard unit for each class of units required to be in adeclaration by subsection 11(2A) of the Act must include specifications of thecomponents in a basic, non-upgraded unit, in enough detail to determine theresponsibility for insuring and repairing the components, which components mayinclude, but are not limited to, any of the following:

 

                (a)    cupboards;

 

                (b)    countertops;

 

                (c)    flooring;

 

                (d)    wall coverings;

 

                (e)    electrical and plumbing fixtures;

 

                (f)    appliances;

 

                (g)    heating and ventilation systems.

Subsection 54(1A) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (2)    A declaration and description for a bare land condominium shall comply with therequirements of subsection (1), except clause (1)(ba), and shall include all of thefollowing:

Subsection 54(2) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    a statement of the services and amenities available to the units;

 

                (b)    a statement of responsibility for connection costs of utilities for the units;

 

                (c)    a statement of the restrictions on structures that may be placed on the unitsincluding such aspects as

 

                         (i)     design,

 

                         (ii)    type of building material,

 

                         (iii)   type of building,

 

                         (iv)   type of construction,

 

                         (v)    activities which may be carried out on the unit;

 

                (d)    a statement identifying the structures completed at the time of registration andthat are to be maintained by the corporation;

 

                (e)    a statement allocating responsibility for the maintenance and repair of commonelement structures erected after registration;

 

                (f)    a provision requiring that preliminary plans for the construction of a unit mustbe approved by the corporation, which approval shall not be arbitrarilywithheld;

 

                (g)    if applicable, a statement that the unit owner is responsible for installing theirown services and utilities.

Clause 54(2)(g) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Subsection 54(2) added: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

       (3)    A declarant shall provide to the Registrar at the time of registration confirmation thatthe services and amenities specified in the declaration that are to be installed by thedeveloper are completed.

Subsection 54(3) added: O.I.C. 2000-57, N.S. Reg. 21/2000; amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

54AA declaration and description for an amalgamated corporation shall not be accepted forregistration unless it is accompanied by all of the following:

Section 54A amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    a copy of the status certificate required pursuant to clause 29B(3)(c) of the Actfor each of the amalgamating corporations;

 

                (b)    a certificate in Form 18 executed by each amalgamating corporationconfirming that the required percentage of the owners of its units consent toamalgamate the corporations;

 

                (ba)  proof, in a form satisfactory to the Registrar, of the owners’ vote approving theamalgamation by the percentage of owners required by clause 29B(1)(b) of theAct;

Clause 54A(ba) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (c)    a supplementary report on title for the units and the lands of eachamalgamating corporation in accordance with Section 5;

Clause 54A(c) replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (d)    certification by each amalgamating corporation that a copy of the statuscertificate was served on each of its unit owners;

 

                (e)    Form 9 appointing an agent for the amalgamated corporation;                       

 

                (f)    the prescribed fee;

 

                (g)    a copy of the reserve-fund study for the amalgamated corporation;

Clause 54A(g) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (h)    a copy of the proposed by-laws of the amalgamated corporation;

Clause 54A(h) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (i)     current survey plans for the amalgamated corporation prepared in accordancewith the regulations;

Clause 54A(i) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (j)     current architectural plans for the amalgamated corporation prepared inaccordance with the regulations.

Clause 54A(j) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Original Section 54A added: O.I.C. 83-1397, N.S. Reg. 254/83; repealed: O.I.C. 92-429, N.S. Reg. 96/92.

Section 54A added: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

55   Where the instruments mentioned in subsection (2) of Section 40 of the Act are tenderedfor acceptance for registration, the Registrar shall not accept the amendment to thedeclaration and description for registration unless

Section 55 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    it appears to be executed by the Board;

Clause 55(a) amended: O.I.C. 2000-57, N.S. Reg. 21/2000; O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (b)    it is accompanied by the proof of its execution by the Board that is required bythe Registry Act or the Land Registration Act, as applicable;

Clause 55(b) replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (c)    the conveyance and every release or discharge is accompanied by such proof asto the execution by every such owner and person as is required by the RegistryAct; and

 

                (d)    the conveyance is accompanied by a certificate signed by the authorizedofficers of and under the seal of the Corporation stating that the sale isauthorized by a vote of the owners who at the time of the vote owned 80% ofthe common elements.

Clause 55(d) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

56   (1)    A Notice of Termination under Section 36 of the Act shall be in Form 10.

Subsection 56(1) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

       (2)    A notice in Form 10 may be accepted for registration notwithstanding that it is notreceived within the ten day period prescribed by subsection (3) of Section 36 of theAct.

Subsection 56(2) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

57   (1)    A Notice of Termination under subsection (2) of Section 41 of the Act shall be inForm 11.

 

       (2)    The Registrar shall not accept the notice of termination in Form 11 for registrationunless

 

                (a)    it appears to be executed by all the owners and all the persons havingregistered claims against the units and common elements created after theacceptance for registration of the declaration and description;

 

                (b)    it is accompanied by such proof as to the execution by every such owner andperson as is required by the Registry Act or the Land Registration Act, asapplicable;

Clause 57(2)(b) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (c)    it is accompanied by affidavits of matrimonial status for each owner and thenecessary spousal consents and releases required under the MatrimonialProperty Act.

Clause 57(2)(c) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Clause 57(3) repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

58   (1)    Where an order is made under Section 43 of the Act terminating the government ofthe property by the Act, the order is inoperative in that respect until it is accepted forregistration.

 

       (2)    Where an order of termination is tendered for acceptance for registration, theRegistrar shall not accept the order for registration unless the conditions, if any, as toits acceptance for registration as are contained in the order have been complied with,or until proof thereof is furnished to the Registrar.

 

59   The fees set out in Schedule “B” are payable to the Registrar.

 

60   The Registrar shall establish and maintain in respect of each registration district mentionedin Schedule “A” to these regulations a list of Condominium Corporations, such list to be insuch form as the Registrar may determine.

Part F - The Municipal Government Act and the Halifax Regional Municipality Charter

Part F title amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

61   The Registrar of Condominiums shall not accept a declaration or description, or anyamendment to a declaration or description, for registration unless the applicant providesthe Registrar with a statutory declaration from the development officer for the municipalitywhere the proposed development is located, confirming all of the following:

 

                (a)    that the proposed development being submitted for registration, and as shownon a survey plan attached to the statutory declaration, satisfies the land userequirements of the municipality or the land use by-laws or the developmentagreement, as applicable;

 

                (b)    that an occupancy permit has been issued for each residential unit in theproposed development;

 

                (c)    that the development officer is aware that the proposed development is to beregistered under the Condominium Act;

 

                (d)    that the municipality has no objection to the registration taking place if themunicipality’s easements and interests in the property are maintained.

Section 61 replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 62 repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 62A repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

62B For greater certainty, unless otherwise provided in the Act or these regulations, theMunicipal Government Act and the Halifax Regional Municipality Charter, as applicable,and their regulations and by-laws apply with respect to

 

                (a)    the proposed development; and

 

                (b)    the property of the condominium corporation, upon acceptance of thedescription and declaration for registration.

Section 62B added: O.I.C. 84-1327, N.S. Reg. 275/84; replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

Part G - General

 

63   A discharge of judgment issued pursuant to Section 20(2) shall be in Form 12.

 

64   A discharge of encumbrance given pursuant to Section 28(10) of the Act may be in anyconvenient form permitted by the Conveyancing Act but shall make specific reference tothe unit number and level number “in the condominium administered by the ___________Condominium Corporation No. ______, the declaration and description of which areregistered in the land registration office, at _______ as Document Number __________.”

Section 64 amended: O.I.C. 2000-57, N.S. Reg. 21/2000; O.I.C. 2011-252, N.S. Reg. 230/2011.

 

65   A notice of lien filed by a corporation pursuant to Section 31(6) of the Act shall be inForm 13.

 

66   A discharge of lien by a corporation shall be in Form 14.

 

67   A certificate concerning the passage of a by-law given by a corporation shall be in Form15 or Form 15A, as applicable.

Section 67 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

67A(1)    Notice of a proposed rule required to be given to each of the condominiumcorporation’s members by subsection 24(1B) of the Act must be in Form 28 andmust be served

 

                (a)    by regular mail to the address for the member on the records of thecondominium corporation; and

 

                (b)    by leaving a copy of the notice at the member’s unit within 5 days of the datethat notice is sent by regular mail under clause (a).

Section 67A added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

67B Delivery of a notice of a proposed rule under Section 67A is deemed to have taken place 5days after the notice was sent by regular mail.

Section 67B added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

68   (1)    Subject to subsection (2), the requirements of these regulations may be varied by theRegistrar to apply to special circumstances.

 

       (2)    Subsection (1) does not apply in respect of the forms prescribed by these regulations.

Section 69 repealed: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

70   The Registrar may accept for registration any of the following classes of property:

Section 70 amended: O.I.C. 2000-57, N.S. Reg. 21/2000; O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    commercial property - property which is intended to be divided into units forcommercial use;

 

                (b)    residential property - property which contains a building or buildings whichis/are intended to be divided into units to be used for residential premises orproperty which contains more than one single detached dwelling;

Clause 70(b) amended: O.I.C. 94-478, N.S. Reg. 95/94; O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (c)    recreational property - property that may also contain a building or buildingsthat are intended to be divided into units to be used for recreational purposes;

Clause 70(c) replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

                (d)    bare-land property - property that contains units that consist of land on whichdwellings may be located or constructed after acceptance for registration;

Original clause 70(d) repealed: O.I.C. 92-429, N.S. Reg. 96/92; clause 70(d) added: O.I.C. 2000-57, N.S. Reg.21/2000; amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (e)    mixed-use property - property that contains more than one of the classes ofproperty described in this Section;

Clause 70(e) replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

                (f)    phased-development property - property in relation to which the declarant maycreate additional units and common elements in a corporation by amending theregistered declaration and description.

Clause 70(f) added: O.I.C. 97-43, N.S. Reg. 6/97; O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 70 added: O.I.C. 84-1327, N.S. Reg. 275/84.

Section 71 repealed: O.I.C. 2011-252, N.S. Reg. 230-2011.

 

72   The Registrar shall not accept for registration any document that requires approval of thecorporation members unless that approval has been given not more than 90 days before thedate the document is submitted for registration.

Original Section 72 added: O.I.C. 84-1327, N.S. Reg. 275/84; repealed: O.I.C. 92-429, N.S. Reg. 96/92.

Section 72 added: O.I.C. 94-477, N.S. Reg. 94/94; amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

72AA declarant shall file with the Registrar the following information in relation to aconsolidation of 2 or more units, along with the prescribed fee:

 

                (a)    a diagram of the consolidated unit prepared by an architect and certified by thearchitect in Form 20; and

 

                (b)    Form 16 attesting that at least 66 2/3% of the owners of the common elementshave voted in favour of the consolidation as required by subsection 14(3) of theAct.

Clause 72A(b) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 72A added: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

72B Every annual financial statement referred to in Section 24A of the Act shall include thefollowing:

 

                (a)    budget allocations and actual expenditures for the year reported;

 

                (b)    details of the investments of the reserve fund, including

 

                         (i)     the financial institution(s) holding the funds,

 

                         (ii)    the total amount of the fund,

 

                         (iii)   the instruments in which the funds are invested, and

 

                         (iv)   the terms of the investments, including interest rates and maturity dates;

 

                (c)    if the annual financial statement is required to be audited, a statement by theauditor as to the current amount in the reserve fund for the reporting period,and what percentage this is of the amount required by the reserve-fund studypursuant to Part K.

Clause 72B(c) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 72B added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Part H - Occupancy Fees

Part H title amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

73   (1)    In this Section, “net purchase price” means the purchase price before HST has beenadded to the price.

 

       (2)    An occupancy fee charged to a purchaser under subsection 44(5) of the Act tooccupy a proposed unit

 

                (a)    must not exceed 0.75% of the net purchase price of the unit, per month;

 

                (b)    must be disclosed as required by subsection 44(5) of the Act as both apercentage of the net purchase price and in dollars and cents in the purchaseand sale agreement for the unit; and;

 

                (c)    except as provided in subsection (3), must not be charged for longer than 6months after the original closing date disclosed in the purchase and saleagreement for the unit.

 

       (3)    Occupancy fees for a proposed unit may be charged after the 6 months referred to inclause (2)(c) for the following additional periods and under the following conditions:

 

                (a)    for a further 6 months, if registration of the condominium unit has not yettaken place and the occupancy fee charged is not more than 50% of the amountdisclosed as the occupancy fee in the purchase and sale agreement for the unit;

 

                (b)    for a further definite period of time immediately after the additional 6 monthsreferred to in clause (a), if registration of the condominium corporation has notyet taken place and the occupancy fee charged is not more than 25% of theamount disclosed as the occupancy fee in the purchase and sale agreement forthe unit.

Section 73 added: O.I.C. 89-376, N.S. Reg. 45/89; replaced: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 74 repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

Part I - Agreements of Purchase and Sale

 

75   (1)    Pursuant to subsection 44(1) of the Act, every agreement of purchase and saleentered into by a declarant as vendor of a unit or a proposed unit shall include all ofthe following provisions:

Subsection 75(1) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    that, upon execution of the agreement of purchase and sale, the vendor shalldeliver to the purchaser a copy of the proposed or approved survey or designplans of the condominium showing

Clause 75(1)(a) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                         (i)     the perimeter of the horizontal surface of the land and the perimeter ofany buildings,

Subclause 75(1)(a)(i) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                         (ii)    the shape of the unit, the boundaries of the unit, the location of the unit inrelation to the other units, and the location of the unit in reference to anybuildings and any applicable level number,

Subclause 75(1)(a)(ii) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                         (iii)   the common elements including those intended for the exclusive use ofthe owner;

 

                (b)    that, upon execution of the agreement of purchase and sale, the vendor shalldeliver to the purchaser the proposed or approved declaration, by-laws andcommon element rules and regulations of the corporation;

Clause 75(1)(b) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (c)    that upon receipt of the documentation required by clauses (a) and (b), thepurchaser shall have ten days to review the documents and, if within that timethe purchaser cancels the agreement by giving written notice to the vendor, theagreement shall be null and void and the deposit shall be returned to thepurchaser, without interest and without liability by the vendor for any expensesincurred or damages sustained by the purchaser;

Clause 75(1)(c) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (d)    that the declarant has a duty to complete the common elements and provide forholdbacks if the common elements are not completed at the time of closing ona unit;

Clause 75(1)(d) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (e)    the details of any amenities not yet completed and the date they will becompleted by;

Clause 75(1)(e) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (f)    the details of the amount of occupancy fees which can be charged and whenthey are payable; and

Clause 75(1)(f) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (g)    disclosure of any services that are not contained within the boundaries of theproperty or are not owned by the condominium corporation, and anyagreements respecting the terms and conditions associated with those services.

Clause 75(1)(g) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (2)    In addition to the requirements in clauses (1)(a) to (g), every agreement of purchaseand sale for the purchase of a phased-development property unit or proposed unitfrom the declarant shall contain a disclosure statement made by the declarant,containing the following information:

Subsection 75(2) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Clause 75(2)(a) repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (b)    a statement that the declarant is not required to create a phase after the creationof the unit or the proposed unit;

 

                (c)    a statement that sets out the estimated registration dates of the amendments tothe declaration and description required for creating each phase that thedeclarant intends to create after the creation of the unit or proposed unit;

 

                (d)    a statement that sets out, for each phase that the declarant intends to create afterthe creation of the unit or proposed unit,

 

                         (i)     the approximate location of the buildings and structures,

 

                         (ii)    the approximate number of the units,

 

                         (iii)   a statement of the proportions of the common interests and commonexpenses, expressed in percentages, attributable to the units after thecreation of the phase, and

 

                         (iv)   a list of the facilities and services that the owners will share after thecreation of the phase,

 

and all requirements set out in clause (1)(c) shall apply, with the necessarymodifications, to this subsection.

 

       (3)    In addition to the requirements in subsections (1) and (2), each agreement ofpurchase and sale of a unit from a declarant in a building that has been convertedinto units in a condominium corporation, shall include all of the following:

 

                (a)    a copy of the reserve-fund study required by Section 31 of the Act;

 

                (b)    a requirement for the vendor to provide the purchaser with a copy of anyupdated certification under Section 78B and proof that any required paymentshave been made into the reserve-fund, before the unit is purchased.

Subsection 75(3) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 75 added: O.I.C. 89-376, N.S. Reg. 45/89; replaced: O.I.C. 97-43, N.S. Reg. 6/97.

Part J - Phased-Development Property

 

75A(1)    A phased-development condominium must meet all of the following requirements:

 

                (a)    all land in phase one must be contiguous;

 

                (b)    each phase subsequent to phase one must contain at least one unit;

 

                (c)    each piece of land in a phase that is not contiguous with other land in the samephase must contain at least 1 of the following:

 

                         (i)     a unit,

 

                         (ii)    a service integral to the operation of the condominium corporation,

 

                         (iii)   an amenity pre-disclosed in the declaration for the condominiumcorporation;

 

                (d)    each piece of land in a phase subsequent to phase one must be contiguous tothe land in a previously registered phase;

 

                (e)    a service that is integral to a phase being registered must

 

                         (i)     be located within the property of and owned by the condominiumcorporation, unless

 

                                  (A)   it is provided by the municipality or a publicly regulated utility, or

 

                                  (B)   it is secured by appropriate easements and contractualarrangements, and

 

                         (ii)    be installed before registration of the applicable phase, unless theinstallation of the service is the responsibility of the unit owner.

 

       (2)    The contractual arrangements for services referred to in paragraph (1)(e)(i)(B) mustcontain provisions permitting termination of the contract if pricing exceedsbenchmark prices for alternate sources of energy.

Section 75A added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

76   (1)    In addition to the requirements set out in Section 11 of the Act, a declaration for aphased-development property shall include the following:

 

                (a)    a statement that the condominium corporation created is a phased-developmentproperty;

 

                (b)    a description of each phase and the number of units included in each phase;

Clause 76(1)(b) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (c)    a statement of the approximate location of the buildings and structuresincluded in each phase;

 

                (d)    a statement expressed in percentages of the proportions of the commoninterests and common expenses attributable to each of the units after thecreation of the phase and after the addition of each subsequent phase;

Clause 76(1)(d) amended: O.I.C. 2000-57, N.S. Reg. 21/2000; O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (e)    a list of the facilities and services that the owners will share after the creationof the phase;

 

                (f)    a statement that the declarant is not required to create a phase after the creationof the present phase;

Clause 76(1)(f) added: O.I.C. 97-418, N.S. Reg. 77/97.

 

                (g)    a statement that sets out the estimated registration dates of the amendments tothe declaration and description required for creating each phase that thedeclarant intends to create after the creation of the present phase;

Clause 76(1)(g) added: O.I.C. 97-418, N.S. Reg. 77/97.

 

                (h)    a copy of the proposed design plans of the condominium showing

 

                         (i)     the perimeter of the horizontal surface of the land and the perimeter ofany buildings, and

Subclause 76(1)(h)(i) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Subclause 76(1)(h)(ii) repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                         (iii)   the common elements, including those intended for the exclusive use ofthe owners;

Clause 76(1)(h) added: O.I.C. 97-418, N.S. Reg. 77/97; amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (i)     the by-laws and common element rules and regulations of the corporation;

Clause 76(1)(i) added: O.I.C. 97-418, N.S. Reg. 77/97.

 

                (j)     a conceptual design of the entire development identifying the general location,size, number and style of the units and land in each phase.

Clause 76(1)(j) added: O.I.C. 97-418, N.S. Reg. 77/97; amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Clause 76(1)(k) added: O.I.C. 97-418, N.S. Reg. 77/97; repealed: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

       (2)    The declarant shall file with the Registrar an amendment to both the declaration anddescription and, if the Registrar determines that the amendment is significantlydifferent from the documents filed with the initial declaration, proof of the approvalof all unit owners to create a phase, in a form satisfactory to the Registrar.

Subsection 76(2) amended: O.I.C. 97-418, N.S. Reg. 77/97; O.I.C. 2000-57, N.S. Reg. 21/2000;O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (2A)  A unit owner may not unreasonably withhold the approval required by subsection(2).

Subsection 76(2A) added: O.I.C. 97-418, N.S. Reg. 77/97; replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

       (2B)   The declarant shall provide the corporation and all owners of units at least 14 days’notice of the intention to register a phase.

Subsection 76(2B) added: O.I.C. 97-418, N.S. Reg. 77/97.

 

       (2C)  If the Registrar determines that an amendment to create a proposed phase issignificantly different from the documents filed with the initial declaration, thedeclarant shall provide the corporation and all owners of units at least 60 days’notice of the intention to register the phase, along with

Subsection 76(2C) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                  (a)   copies of the amendments to the declaration and description that will be filedto register the new phase; and

Clause 76(2C)(a) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                  (b)  the location and times at which the plans for the new phase may be viewed.

Subsection 76(2C) added: O.I.C. 97-418, N.S. Reg. 77/97.

 

       (2D)  If the statements required by clause (1)(d) for any two phases are the same, and allother requirements for registration are satisfied, the declarant may substitute onephase for the other in the order in which they are created.

Subsection 76(2D) added: O.I.C. 97-418, N.S. Reg. 77/97; amended: O.I.C. 2000-57, N.S. Reg. 21/2000;O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (2E)   Despite subsection (2C), where the requirements of subsections (2) and (2A) havebeen fulfilled, the amendment to the declaration may be filed with the Registrarbefore the 60-day notice period has elapsed.

Subsection 76(2E) added: O.I.C. 97-418, N.S. Reg. 77/97.

 

       (3)    The amendment to the description required to create a phase shall comply withsubsection 12(1) of the Act and Sections 7 to 40A of these regulations.

 

       (4)    In addition to the requirements in subsection (3), the amendment to the declarationrequired to create a phase shall include

 

                (a)    the consent of every person having a registered mortgage against, or interestappurtenant to, the land included in the phase, as the land and the interests aredescribed in the amendment to the description required to create a phase;

 

                (b)    a statement of the proportions of common interests, expressed in percentages,attributable to the units in the corporation after the creation of the phase;

 

                (c)    a statement of the proportions of common expenses, expressed in percentages,which will be allocated to the units in the corporation after the creation of aphase;

 

                (d)    a specification of all parts of the common elements included in the phase thatare to be used by the owners of one or more designated units and not by all theowners.

 

       (5)    A declaration and description required to create a phase in a proposed developmentor an amendment to a declaration and description to create a subsequent phase in anexisting condominium corporation shall not be registered unless all of the followingare done:

Subsection 76(5) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    all the buildings and structures included in the phase described in thedescription have been constructed;

Clause 76(5)(a) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (b)    all facilities and services have been installed and provided to the extentnecessary to ensure the independent operation of the corporation if nosubsequent phases are created;

Clause 76(5)(b) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (c)    the covenant binding the balance of the property reserved for future phases thatis required under clause 12AA(1)(a) of the Act has been registered and proofof registration of the covenant has been provided to the Registrar.

Clause 76(5)(c) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (5A) An amendment to a declaration and description required to create a subsequentphase in an existing condominium corporation shall not be registered unless all ofthe following requirements are met:

 

                (a)    more than 90 days have passed since the later of the following dates:

 

                         (i)     the date of registration of the declaration and description that created thecorporation,

 

                         (ii)    the date of registration of the latest amendments to the declaration anddescription creating a phase;

 

                (b)    the amendment is registered no later than 10 years after the date of registrationof the initial declaration and description that created the corporation, if theregistration took place after the coming into force of this clause;

 

                (c)    the amendment complies with all other requirements in the Act and theseregulations.

Subsection 76(5A) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (6)    When the declarant ceases to own a majority of the units in the phase all documentsrelating to the phase shall be given to the corporation.

Subsection 76(6) added: O.I.C. 97-418, N.S. Reg. 77/97; amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Clauses 76(6)(a)-(b) repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 76 added: O.I.C. 97-43, N.S. Reg. 6/97.

 

       (7)    If a declarant for a phased-development condominium decides not to proceed withany subsequent phases, the declarant must provide notice in the prescribed form toall of the following:

 

                (a)    the Registrar;

 

                (b)    the corporation;

 

                (c)    all of the owners in the registered phases.

Subsection 76(7) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Part K - Reserve-fund Studies

General

77   (1)    In this Part,

 

                (a)    “component” means an individual item that is included in the physicalanalysis portion of a reserve-fund study as described in subsection 79(2), andshall include an item

 

                         (i)     that is the responsibility of the corporation,

 

                         (ii)    for which major repair or replacement costs are anticipated to beincurred during its useful life,

 

                         (iii)   for which the costs of repair or replacement will not be covered as part ofthe annual operating or maintenance budget;

 

                (b)    “master reserve-fund spread sheet” means a spread sheet with calculations ofthe annual funding requirements for each component based on its remaininguseful life, the basic annual contribution and the shortfall contribution options,but without an allowance for inflation or interest earned;

 

                (c)    “projected cash flow tables” means tables that demonstrate the effect ofinterest earned on investments and inflation of expenses and validate that ashortfall option will not jeopardize the funding plan;

 

                (d)    “reserve-fund study” means a study undertaken to determine a funding planthat adequately offsets expenditures for major repair or replacement ofcomponents;

 

                (e)    “remaining useful life” means the estimated time, in years, that a componentcan be expected to continue to serve its intended function.

 

       (2)    Subject to subsection 31(1D) of the Act, a declarant shall file a reserve-fund studyfor all the registered units of a phased-development condominium upon theregistration of the 10th unit and for all units in subsequent registered phases, uponthe registration of the phase.

Subsection 77(2) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (3)    A person preparing a reserve-fund study may gather information from variouspersons.

 

       (4)    The only persons qualified to prepare reserve-fund studies are professional engineerslicensed to practice in Nova Scotia, with experience in costing, cost flow forecastingand building construction and restoration, and familiarity with condominiumlegislation.

Clause 77(4)(a) repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.

Clause 77(4)(b) redesignated 77(4) and amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

       (5)    A person preparing a reserve-fund study for a corporation shall be independent of thecorporation and the declarant.

Section 77 added: O.I.C. 2000-57, N.S. Reg. 21/2000; amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Reserve-fund study requirements

78   Subject to Section 78A, a reserve-fund study shall consist of all of the following:

Section 78 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    a comprehensive reserve-fund study, covering a period of at least 20 years, inaccordance with Section 79 every 10 years;

Clause 78(a) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (b)    updates of the reserve-fund studies in accordance with Section 80, at 5-yearintervals or at any time that there is significant change to the assets of thecorporation;

 

                (c)    a reserve-fund status certificate in accordance with Section 81;

 

                (d)    for a reserve-fund study required under subsection 31(1DA) of the Act, aseparate document attached to the cover that discloses any components that areanticipated to require repair or replacement within the first 10 years of thecondominium corporation’s operation together with the anticipated cost of therepair or replacement for each component, in accordance with informationcontained in the reserve-fund status certificate.

Clause 78(d) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 78 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

 

78AThe reserve-fund study required under subsection 31(1DA) of the Act if fewer than 10units are being created shall consist of the following:

 

                (a)    a physical analysis in accordance with subsections 79(2), (3), (4) and (5);

 

                (b)    a spreadsheet covering a minimum period of 10 years listing all of thefollowing:

 

                         (i)     each of the components of the common elements,

 

                         (ii)    the anticipated life spans of the components of the common elements,

 

                         (iii)   the cost to repair or replace each of the components of the common

elements,

 

                         (iv)   the estimated dates by which the components will require either repair or

replacement,

 

                         (v)    a total amount specified for each year that there are expendituresanticipated for the components of the common elements; and

 

                (c)    a certification by the person preparing the study that they have conducted ananalysis in accordance with clause (a) and that the information provided in thestudy is accurate.

Section 78A added: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

78B (1)    A reserve-fund study required under subsection 31(1DA) of the Act shall include,before registration of the declaration, an updated certification by the person whoprepared the reserve-fund study that

 

                (a)    outlines any deficiencies in the renovations contemplated in the reserve-fundstudy;

 

                (b)    provides a monetary value for completion of any deficiencies outlined underclause (a); and

 

                (c)    confirms that the information in the reserve-fund study is still accurate.

 

       (2)    The declarant must pay the value of any deficiencies outlined in the updatedcertification under subsection (1) into the reserve fund before the registration of thedeclaration.

 

       (3)    Payments paid into a reserve fund under subsection (2) must be held in trust until themanagement of the corporation is under the control of an elected board of directors.

Section 78B added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Comprehensive reserve-fund study

79   (1)    A comprehensive reserve-fund study required pursuant to clause 78(a) shall consistof

 

                (a)    a statement of assumptions regarding inflation, interest and maintenance thatwere made in making the report;

Clause 79(1)(a) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (b)    a funding plan that does not project a negative balance for the fund at any time,and that is based on a physical analysis and a financial analysis that shows theamount of the annual contribution required to be paid into the reserve-fund toadequately offset expenditures for the major repair or replacement of thecomponents; and

Clause 79(1)(b) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (c)    the opinion of the person preparing the study that the fund should be adequateto offset the expenditures for the major repair or replacement of thecomponents if the corporation makes contributions as recommended in thestudy.

 

       (2)    The physical analysis referred to in clause (1)(b) shall be based on a componentassessment report containing the following information:

 

                (a)    the component inventory;

 

                (b)    the component assessment;

 

                (c)    the anticipated useful life of each component;

 

                (d)    the remaining useful life of each component (including maintenance and

repairs);

 

                (e)    the current replacement cost of each component.

 

       (3)    A component that is scheduled for major repair or replacement in the year of thereserve-fund study shall be deemed to have no remaining useful life.

 

       (4)    The component inventory referred to in clause 2(a) shall be based on

 

                (a)    an on-site review;

 

                 (b)    a review of the corporation’s architectural, electrical and mechanical plans;

 

                (c)    a review of the declaration and by-laws; and

 

                (d)    a review of the corporation’s history with respect to the maintenance,replacement and repair of its components and any planned changes to itscomponents.

 

       (5)    The component assessment referred to in clause 2(b) shall be based on

 

                (a)    an on-site review of the major common area components, includingconsideration of aesthetics;

 

                (b)    a review of

 

                         (i)     structural and architectural plans,

 

                         (ii)    previous inspection reports,

 

                         (iii)   complaints from occupants of units regarding structure or facilities and,

 

                         (iv)   maintenance records; and

 

                (c)    interviews with the manager and superintendent.

 

       (6)    The financial analysis referred to in clause (1)(b) shall consist of an evaluation andanalysis of the corporation’s reserve-fund income and expenses, and shall include thefollowing information:

 

                (a)    the current reserve-fund balance;

 

                (b)    the estimated interest payable on the reserve-fund balance over the study

period;

 

                (c)    the repair and replacement schedule, including dates and cost outlay;

 

                (d)    the anticipated effect of inflation on reserve-fund expenses over the period of

the study;

 

                (e)    a master reserve-fund spread sheet; and

 

                (f)    projected cash flow tables, including

 

                         (i)     data indicating whether the current annual contribution is adequate to

address the repair and replacement schedule, and

 

                         (ii)    details of several possible fund accumulation scenarios demonstrating thecompounding of the interest earned on the fund into the fund anddemonstrating the utilization of the interest as a portion of thecontributions to the fund.

Section 79 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Updates of reserve-fund studies

80   The updates of the reserve-fund studies required pursuant to clause 78(b) shall be preparedafter a site visit and shall include current information with respect to any changes in thefollowing, but are required to include only the master reserve-fund spreadsheet and thefunding scenarios and cashflow tables that are affected by the changes:

Section 80 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    the component inventory prepared pursuant to clause 79(2)(a);

 

                (b)    the component assessment prepared pursuant to clause 79(2)(b);

 

                (c)    the remaining useful life and replacement costs of components;

 

                (d)    the information provided in compliance with subsection 79(6).

Section 80 added: O.I.C. 2000-57, N.S. Reg. 21/2000; heading amended: O.I.C. 2011-252, N.S. Reg.230/2011.

Reserve-fund status certificate

81   A reserve-fund status certificate required pursuant to clause 78(c) shall be completed bythe person preparing the reserve-fund study at the time the study or update is completedand shall provide all of the following:

Section 81 amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    the balance in the reserve-fund at the beginning of the current year;

 

                (b)    the annual contribution to the reserve-fund recommended to be made duringthe current and subsequent fiscal years of the study period;

 

                (c)    a statement summarizing the repair, maintenance and replacementrecommendations of the latest reserve-fund study or update;

 

                (d)    the opinion required by clause 79(1)(c);

 

                (e)    a certification by the person preparing the study that they have prepared thereserve-fund study in accordance with clause 78A(c) and that the informationprovided in the study is accurate.

Clause 81(e) added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 81 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Part L - Dispute Resolution Processes

Part L title amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

Mediation and arbitration under Section 33A of the Act

82   (1)    A list of persons qualified to be arbitrators for the purpose of Section 33A of the Actshall be prepared by the Registrar and the Registrar shall determine the maximumnumber of names on the list.

Subsection 82(1) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

       (2)    A person acting as an arbitrator for the purpose of Section 33A of the Act shall

Subsection 82(2) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (a)    be a member in good standing of the ADR Atlantic Institute;

Clause 82(2)(a) amended: O.I.C. 2011-252, N.S. Reg. 230/2011.

 

                (b)    have demonstrated arbitration or condominium experience to the satisfaction ofthe Registrar;

 

                (c)    agree in writing to

 

                         (i)     charge a maximum fee of $1000 per day or $500 per half day for thehearing plus $150 per hour for writing the decision,

 

                         (ii)    attend related training provided by the Registrar, and

 

                         (iii)   abide by the protocols set by the Registrar; and

 

                (d)    pay the applicable fees prescribed in Schedule “B”.

 

       (3)    A person may apply in writing to the Registrar to be added to the list of personsqualified to be arbitrators.

Section 82 heading added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Section 82 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Applying for hearing under Section 33 of the Act

82A(1)    The following persons are appointed to act as condominium dispute officers:

 

                (a)    persons appointed as residential tenancies officers under Section 19 of theResidential Tenancies Act; and

 

                (b)    the Registrar of Condominiums.

 

       (2)    A unit owner or a condominium corporation may make application for a hearingbefore a condominium dispute officer by submitting a completed application in Form26 together with the prescribed application fee.

 

       (3)    An applicant for a hearing under subsection (2) must serve the respondent with acopy of the application and any supporting documentation, in accordance withSection 82F, within 10 days from the date they submitted the application or withinthe time allowed for substituted service under Section 82F, and must return a copy ofthe sworn affidavit of service to the condominium dispute officer no later than 10days after the date of service.

 

       (4)    If the deadlines in subsection (3) are not met and the condominium dispute officerhas not allowed for further time for attempting service in accordance with subsection(6), then the application is deemed to be withdrawn.

 

       (5)    The respondent must provide their response, in writing, and any supportingdocumentation to the condominium dispute officer and to the applicant within 10days of being served with the application, unless the condominium dispute officerallows for further time for response in accordance with subsection (6).

 

       (6)    A condominium dispute officer may permit further time for attempting service or forproviding a response to an application if the condominium dispute officer is satisfiedthat there has been no undue delay.

Section 82A added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Hearings conducted under Section 33 of the Act

82B (1)    A condominium dispute officer may conduct a hearing of a dispute in writing ororally, including by telephone.

 

       (2)    A condominium dispute officer must consider the evidence and submissions of theparties and provide a written order and reasons within a reasonable time frame.

 

       (3)    A condominium dispute officer may do any or all of the following in an order undersubsection (2):

 

                (a)    direct a condominium corporation to perform any duty imposed on it bySection 18 of the Act, subsection 24(3) of the Act, Section 24A of the Act orsubsection 26(9) of the Act, and set the date by which the duty must beperformed;

 

                (b)    set reasonable fees that may be charged by a condominium corporation forproviding a copy of a record;

 

                (c)    direct a condominium corporation to pay a unit owner an amount notexceeding $500 for its non-compliance with any duty imposed on it by Section18 of the Act, subsection 24(3) of the Act, Section 24A of the Act orsubsection 26(9)of the Act;

 

                (d)    direct a unit owner to comply with a by-law made under clause 23(1)(b) or (c)of the Act or a rule made under subsection 24(3) of the Act;

 

                (e)    direct a unit owner [to] pay a condominium corporation an amount notexceeding $500 for non-compliance with a by-law made under clause 23(1)(b)or (c) of the Act or a rule made under subsection 24(3) of the Act;

 

          (g)[(f)]   direct that the prescribed application fee be apportioned between the applicantand the respondent, as the condominium dispute officer considers fair and justin the circumstances.

 

       (4)    An order of a condominium dispute officer may not be registered with the Court forthe purposes of enforcement under subsection 33(2) of the Act if an appeal has beenfiled with the Registrar under Section 82D.

Section 82B added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Condominium appeals officers

82C(1)    The Governor in Council may appoint persons to be known as condominium appealsofficers to hear appeals of orders made by condominium dispute officers.

 

       (2)    A condominium appeals officer must

 

                (a)    be a member in good standing of the ADR Atlantic Institute;

 

                (b)    have demonstrated satisfactory arbitration and condominium experience; and

 

                (c)    attend related training provided by the Registrar.

 

       (3)    A condominium appeals officer may charge a maximum fee of $1000 per day or$500 per half-day for hearing an appeal, plus a maximum fee of $150 per hour forwriting the decision.

Section 82C added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Appealing a condominium dispute officer’s order

82D(1)    An order of a condominium dispute officer may be appealed only on the basis of anerror of law or jurisdiction and may not be conducted as a trial de novo.

 

       (2)    An appellant may appeal by filing a completed notice of appeal in Form 27 with theRegistrar together with the prescribed fee no later than 20 days after the date theoriginal order is issued.

 

       (3)    On receiving a notice of appeal in Form 27 in accordance with subsection (2), theRegistrar must assign a condominium appeals officer to hear the appeal.

 

       (4)    Unless the condominium appeals officer decides to apportion the fees payable for theappeal, the appellant must pay the fees charged by the condominium appeals officerfor hearing the appeal and writing the decision.

 

       (5)    An appellant must serve the respondent with a copy of the notice of appeal and anysupporting documentation, in accordance with Section 82F, within 10 days from thedate they submitted the notice of appeal to the Registrar or within the time allowedfor substituted service under Section 82F, and must return a copy of the swornaffidavit of service to the condominium appeals officer no later than 10 days after thedate of service.

 

       (6)    If the deadlines in subsection (5) are not met and the condominium appeals officerhas not allowed for further time for attempting service in accordance with subsection(8), then the appeal is deemed to be withdrawn.

 

       (7)    The respondent must provide their response, in writing, and any supportingdocumentation to the condominium appeals officer and to the applicant within 10days of being served with the notice of appeal, unless the condominium appealsofficer allows for further time for response in accordance with subsection (8).

 

       (8)    A condominium appeals officer may permit further time for attempting service or forproviding a response to an appeal if the condominium appeals officer is satisfied thatthere has been no undue delay.

Section 82D added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Appeals conducted under Section 33 of the Act

82E (1)    A condominium appeals officer may hold a hearing of an appeal in writing or orally,including by telephone.

 

       (2)    A condominium appeals officer must consider the submissions of the parties andprovide a written order and reasons no later than 30 days after the date the appealhearing concludes.

 

       (3)    A condominium appeals officer may do any of the following in an order undersubsection (2):

 

                (a)    confirm the decision of the condominium dispute officer, if no error of law orjurisdiction is found;

 

                (b)    vary the decision of the condominium dispute officer, based on an error of lawor jurisdiction, and make any order that the condominium dispute officer couldhave made;

 

                (c)    rescind the decision of the condominium dispute officer based on a finding thatthe condominium dispute officer lacked jurisdiction;

 

                (d)    apportion the fees charged for the appeal between the appellant and therespondent, as the condominium appeals officer considers fair and just in thecircumstances.

 

       (4)    An order of a condominium appeals officer, which confirms or varies the order of acondominium dispute officer, may be registered immediately upon issue undersubsection 33(2) of the Act.

Section 82E added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Service requirements for disputes and appeals under Section 33 of the Act

82F (1)    Except as provided in subsection (3), an application under Section 82A and a noticeof appeal under Section 82D must be served on the respondents in the matter bypersonal service or by registered mail.

 

       (2)    Proof of service may be as provided in Form 26 or Form 27, as applicable.

 

       (3)    A person authorized to hear a dispute or an appeal under this Part may authorizesubstituted service if they are satisfied that reasonable efforts have been made toserve a respondent in accordance with subsection (1) and the efforts have beenunsuccessful.

 

       (4)    Substituted service under subsection (3) may be by any of the following methods:

 

                (a)    providing a copy to the respondent by fax, e-mail or regular mail;

 

                (b)    leaving the documents at 1 of the following locations:

 

                         (i)     at the respondent’s residence,

 

                         (ii)    if the respondent is a condominium corporation, at the residence of thepresident of the corporation’s board of directors.

Section 82F added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Landlord and tenant complaint resolution process under Sections 44C and 44D of the Act

82G  (1)  A notice issued to an owner and a tenant under subsection 44C(1) of the Act must bein Form 25.

 

       (2)    Service of a notice issued under subsection 44C(1) of the Act must be by thefollowing methods:

 

                (a)    for service on the tenant, by personally serving the tenant or leaving a copy ofthe notice at the tenant’s unit;

 

                (b)    for service on the owner, by personally serving the owner or mailing the noticeby regular mail to the owner’s address in the records of the condominiumcorporation.

 

       (3)    Service of a notice in accordance with subsection (2) is deemed to occur when thenotice is

 

                (a)    personally served;

 

                (b)    left at the unit; or

 

                (c)    sent by regular mail.

 

       (4)    For the purpose of subsection 44C(2) of the Act, the time period for remedying abreach is 15 days after both the owner and tenant have been served calculated fromthe latest date that the notice was served in accordance with subsections (2) and (3).

 

       (5)    A condominium corporation making an application under subsection 44D(1) of theAct is deemed to be the landlord, and the owner and tenant are both deemed to bethe tenant and are entitled to receive notice and be parties to the proceedings.

Section 82G added: O.I.C. 2011-252, N.S. Reg. 230/2011.

Part M - Penalties

 

83   (1)    The following is the scale of fines pursuant to Section 45A of the Act:

Number of units

in corporation

First

offence

Second

offence

Third and anysubsequentoffences

1-25 units

$1000.00

$2500.00

$5000.00

26-100 units

$2500.00

$5000.00

$7500.00

more than 100 units

$5000.00

$7500.00

$10 000.00

 

       (2)    Pursuant to subsection 45A(4) of the Act, the Registrar may waive a penalty set outin subsection (1) where the corporation submits proof to the satisfaction of theRegistrar of

 

                (a)    the incapacity of

 

                         (i)     the person preparing the reserve-fund study or the annual financialstatement, or

 

                         (ii)    the Board or property manager

 

by reason of death, injury, or illness;

 

                (b)    a catastrophic circumstance affecting the completion of the reserve-fund studyor annual financial statement such as fire, flood or other disaster; or

 

                (c)    other unanticipated impediments to the completion of the reserve-fund study orannual financial statement.

Section 83 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Schedule “A” - Registration Districts

 

REGISTRATION DISTRICTS                                         Component to be used

Designated by the Governor in                                          in corporate name

Council under Section 9 of the Act

 

       The County of Annapolis                                           Annapolis County

       The County of Antigonish                                          Antigonish County

       The County of Cape Breton                                       Cape Breton County

       The County of Colchester                                          Colchester County

       The County of Cumberland                                        Cumberland County

       The County of Digby                                                 Digby County

       The County of Guysborough                                     Guysborough County

       The County of Hants                                                  Hants County

       The County of Halifax                                               Halifax County

       The County of Inverness                                            Inverness County

       The County of Kings                                                  Kings County

       The County of Lunenburg                                          Lunenburg County

       The County of Pictou                                                 Pictou County

       The County of Queens                                               Queens County

       The County of Richmond                                           Richmond County

       The County of Shelburne                                           Shelburne County

       The County of Victoria                                              Victoria County

       The County of Yarmouth                                           Yarmouth County

Schedule “A” replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

Schedule “B” Fees

Fees payable to Registrar of Condominiums

1     (1)    The following fees are payable to the Registrar of Condominiums:

 

                (a)    for examination of a description

 

                         (i)     where the units have been constructed for residential use or are bare-landunits, $2.50 per $1000.00 of advertised sale price per unit in the initialoffer for sale,

 

                         (ii)    where the units have been constructed for recreational use, $4.95 per$1000.00 of advertised sale price per unit in the initial offer for sale,

 

                         (iii)   where the units have been constructed for commercial use, $7.45 per$1000.00 per unit of advertised sale price in the initial offering of theunits by the developer, or assessed market value, whichever is greater;

 

                (b)    for re-examination of a description

 

                         (i)     where the units have been constructed for residential use or are bare-landunits, $0.60 per $1000.00 of advertised sale price per unit in the initialoffer for sale or assessed market value, whichever is greater;

 

                         (ii)    where the units have been constructed for recreational use, $1.25 per$1000.00 of advertised sale price per unit in the initial offer or assessedmarket value, whichever is greater;

 

                         (iii)   where the units have been constructed for commercial use, $2.50 per$1000.00 of advertised sale price per unit in the initial offer for sale orassessed market value, whichever is greater;

 

                (c)    for examination of a declaration:  $124.60;

 

                (d)    for acceptance of a declaration and a description:  $249.20;

 

                (e)    for examination of the by-laws:  $93.40;

 

                (f)    for acceptance for registration of the by-laws at the time of registration of thecorporation:  $124.60;

 

                (g)    subject to clause (i), for acceptance for registration of amendments to the by-laws:  $62.30;

 

                (h)    subject to clause (i), for acceptance for registration of amendments to thedeclaration, including examination of ballots:  $249.20;

 

                (i)     for acceptance for registration of amendments to the declaration or the by-lawswhen the Registrar determines that a comprehensive review of the document isnecessary, the applicable fees in clause (c) or (e) plus the applicable fees underclause (g) or (h);

 

                (j)     for acceptance for registration of the diagram of a consolidated unit and theform required by subsection 14(5) of the Act:  $124.60;

 

                (k)    for certifying a copy of a document:  $12.45;

 

                (l)     for the arbitration process:

 

                         (ii)    for the training course for arbitrators:  $311.45;

 

                         (iii)   for an application for arbitration:   $124.60;

 

                (m)   for the amalgamation of corporations, an additional fee of $124.60 to examinethe ballots;

 

                (n)    for acceptance for deregistration of a condominium corporation:  $249.20;

 

                (o)    for filing an application for a hearing before a condominium disputeofficer:  $124.60;

 

                (p)    for filing a notice of appeal with the Registrar to have a condominium appealsofficer hear an appeal:  $62.30.

 

       (2)    In this Section, “advertised sale price” means the sales price inclusive of HST.

Fees payable at land registration office

2     The following fees are payable at a land registration office:

 

                (a)    for registration of a declaration and description:  $133.35 plus $13.35 per unit;

 

                (b)    for registration of any other document:  $43.60;

 

                (c)    for certifying a copy of any document filed:  $31.15.

Fees payable to Registrar of Joint Stock Companies

3     The following fees are payable to the Registrar of Joint Stock Companies:

 

                (a)    for filing a declaration and description or the documents pertaining to anamalgamation of two or more corporations:  $62.30;

 

                (b)    for certifying a document of 10 or fewer pages:  $12.45;

 

                (c)    for certifying a document of more than 10 pages:  $24.95.

Schedule “B” replaced: O.I.C. 2015-96, N.S. Reg. 82/2015.

Schedule “C”

Forms

Form 1: Lawyer’s Certificate to accompany Report on Title

(under Section 3 of the Condominium Regulations)

(Lawyer’s Letterhead)

To the Registrar of Condominiums:

I have examined the attached report on title for the lands known as PID ______________ (“thelands”), which was issued by the land registration office at ___________________________ ontoday’s date, and I am of opinion that (name of declarant) is the holder of the registered interestin the lands, subject to the encumbrances shown in the report on title.

After consultation with (name of declarant), I am not aware of the existence of any other claimto any interest in the lands.

OR

After consultation with (name of declarant), I am aware of the following claims to an interest inthe lands:

(give particulars of claims)

 

Dated at __________________, _____________, 20___.

 

 

 

(signature of lawyer)

 

 

 

(printed name of lawyer)

Form 2: Surveyor’s Certificate to accompany Report on Title

(under Section 4 of the Condominium Regulations)

I certify that

The description of the lands included in the report on title for the lands known asPID _____________ issued by the land registration office at ________________________ on________________________, accurately reflects the results of the survey conducted by me on________________________, which is shown on the attached plan of survey prepared by mein accordance with the Condominium Act and regulations.

Dated at __________________, _____________, 20___.

 

 

 

(signature of surveyor)

 

 

 

(printed name of surveyor)

 

Nova Scotia Land Surveyor

Form 3: Notice to Registrar of Initial Board of Directors

(under clause 14(b)(1) of the Condominium Act )

To the Registrar of Condominiums:

I/We, (name of declarant), confirm that the following persons have been appointed to be theinitial board of directors for the ___________________ County Condominium Corporation No.________.

(name and address of each director)

Dated at __________________, _____________, 20___.

 

 

 

(signature of declarant or authorized officer)

 

 

 

(printed name and office)

Form 4: Surveyor’s Certificate for Use on All Plans

(under clause 21(1)(c) of the Condominium Regulations)

I certify that

 

       •       this plan accurately shows the manner in which the land located in the plan has beensurveyed by me

 

       •       this plan and survey are correct and have been made in accordance with theCondominium Act and the regulations made under the Act

 

       •       the survey was completed on ______________, 20___.

Dated at __________________, _____________, 20___.

 

 

 

(signature of surveyor)

 

 

 

(printed name of surveyor)

 

Nova Scotia Land Surveyor

Form 5: Surveyor’s Certificate for Use When Unit is Defined by Reference to Building

(under clause 21(1)(d) of the Condominium Regulations)

I certify that the building(s) shown on this plan is/are in existence and that the units designatedon this plan substantially represent the units within the structure(s).

Dated at __________________, _____________, 20___.

 

 

 

(signature of surveyor)

 

 

 

(printed name of surveyor)

 

Nova Scotia Land Surveyor

Form 6: Certificate of Owners

(under clause 21(1)(g) of the Condominium Regulations)

I/We certify that the property included in this plan has been laid out into units and commonelements in accordance with my/our instructions.

Dated at __________________, _____________, 20___.

 

 

 

(signature of owner)

 

 

 

(printed name of owner)

Form 7: Notice of Expropriation

(under subsections 39(1) to (3) of the Condominium Act)

To the Registrar of Condominiums:

___________________ County Condominium Corporation No. ________ provides notice thatthe following parts of the condominium have been expropriated in accordance with the attachedexpropriation order, issued by ______________________ on __________________ (date)

(check one):

 

       [  ]    all of the property of the condominium corporation

 

       [  ]    part of the common elements

 

       [  ]    one or more units, but less than the whole property

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporationon _____________, 20___.

Signed, sealed and delivered

)

 

in the presence of

)

 

 

)

_________County Condominium Corporation No.____

 

)

By

 

 

)

By

 

 

 

(affidavit of execution)

Form 8: Dedication by the Board of Additional Land to Common Elements

(under Section 46 of the Condominium Regulations)

The Board of the ______________ Condominium Corporation No. _______________dedicates the land described in a deed from _____________ to the _______________Condominium Corporation No._______________ dated ____________, as an addition to thecommon elements of the Condominium administered by the Corporation.

The declaration and description of the dedicated land are registered in the land registrationoffice at ___________ as Documents _______________.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporationon _____________, 20___.

Signed, sealed and delivered

)

 

in the presence of

)

 

 

)

_________County Condominium Corporation No.____

 

)

By

 

 

)

By

 

 

 

(affidavit of execution)

Form 9: Appointment of Agent for Condominium Corporation

(under subsection 6(4) of the Condominium Act)

_______________ Condominium Corporation No. _______ appoints _________________ of_______________ in the County of _____________, Province of Nova Scotia, as itsrecognized agent resident within Nova Scotia.

Service of any writ, summons, process, notice or other document on this recognized agent isdeemed to be sufficient service upon the Corporation.

The recognized agent’s contact information is as follows:

civic address:             _______________________________________________________

mailing address:        _______________________________________________________

e-mail address:          _______________________________________________________

phone number:          _______________________________________________________

This appointment remains in force until the Corporation files a notice in writing with theRegistrar of Joint Stock Companies at Halifax that the appointment is revoked.

Dated at __________________, _____________, 20___.

 

___________________ Condominium Corporation No. ______

By _________________________________________________

(to be signed by the declarant if first appointment or by an officerof the Corporation for any other appointment)

Form 10: Notice of Termination of Condominium Corporation

Following Substantial Damage

(under Section 36 of the Condominium Act)

________________ County Condominium Corporation No. ______ gives notice under Section36 of the Condominium Act, terminating government of the property by the Condominium Act.

This notice is given in respect of the property included in the Condominium administered by theCorporation, the declaration and description of which are registered in the land registrationoffice at ________________ as Documents _________________.

Once this notice of termination is accepted for registration by the Registrar of Condominiums,Section 42 of the Condominium Act applies.

Confirmation of damage and vote not to repair

The Corporation confirms that:

 

       •       on __________ (date), the board of directors of the Corporation determined thatsubstantial damage to 25% (or the greater percentage specified in the declaration) ofthe value of the building occurred on ______________ (date)

 

       •       by a vote held on _______________ (date), the owners who at that time owned 80%of the common elements did not vote to repair the damage.

Confirmation of whether registered under Land Registration Act

The Corporation confirms that (check one):

 

       [  ]    all of the units in the condominium corporation have been registered under the LandRegistration Act

OR

       [  ]    none of the units in the condominium corporation are currently registered under theLand Registration Act

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporationon _____________, 20___.

 

Signed, sealed and delivered    ) 

in the presence of                        ) 

                                                    ) 

__________________________)   __________County Condominium Corporation No. ____

                                                    )   By _________________________________________

                                                    )   By _________________________________________

(affidavit of execution)

Form 11: Notice of Termination under Section 41 of the Act

Condominium Act

We, ___________ County Condominium Corporation No. _____ and the undersigned, who are

 

       •       all the members of the Corporation, and

       •       all the persons having registered claims against the property created after the

acceptance for registration of the declaration and description,

give notice under subsection 41(2) of the Condominium Act, terminating government of theproperty by the Act.

This notice is given in respect of the property included in the Condominium administered by theCorporation, the declaration and description of which are registered in the land registrationoffice at ________________ as Documents _________________.

Once this notice of termination is accepted for registration by the Registrar of Condominiums,Section 42 of the Condominium Act applies.

Confirmation of vote

The Corporation confirms that by a vote on _____________ (date), the owners who at that timeowned 100% of the common elements of the Corporation authorized the termination of thegovernment by the Condominium Act of the property included in the Condominiumadministered by the Corporation.

Confirmation of consent

The Corporation confirms that all of the following have signed the notice indicating theirconsent:

 

       •       all spouses of members whose consent to the disposition is required under Section 8of the Matrimonial Property Act, as indicated in the attached matrimonial statusaffidavits for each member

 

       •       all persons having registered claims against the property that were created after theacceptance for registration of the declaration and description

A supplementary report on title is attached, as required by subsection 41(2) of theCondominium Act.

Confirmation of whether registered under Land Registration Act

The Corporation further confirms that:

 

       [ ]    all of the units in the condominium corporation have been registered under the LandRegistration Act

OR

       [ ]    none of the units in the condominium corporation are currently registered under theLand Registration Act

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation at_______________, ______________________, 20___.

 

Signed, sealed and delivered    ) 

in the presence of                        ) 

                                                    ) 

__________________________)   __________County Condominium Corporation No. ____

(witness)                                      )   By _________________________________________

                                                    )   By _________________________________________

Owners

 

(witness)                                            ____________________________________________

(signature of individual)

(printed name of individual (as registered))

Re: Unit no. ____ Level no. ____

                                                                ☐  matrimonial status affidavit attached indicating nospouse is required to consent

OR

                                                                ☐  matrimonial status affidavit attached indicatingname of spouse whose consent is required

_________________________________________

(signature of member’s spouse)

(printed name of spouse)

(corporate seal)                                 (signatures of officers of corporate owner)

(printed name of corporate owner)

Re: Unit no. ____ Level no. ____

                                                                ☐  matrimonial status affidavit attached indicating nospouse is required to consent

OR

                                                                ☐  matrimonial status affidavit attached indicatingname of spouse whose consent is required

(witness)                                                      _______________________________________

(signature of member’s spouse)

(printed name of spouse)

 

Registered Claimants

 

(witness)                                            _____________________________________________

(signature of individual)

(printed name of individual (as registered))

Re: Unit no. ____ Level no. ____

(or ‘Re: All units and common elements’)

(corporate seal)                                 (signatures of officers of corporate claimant)

(printed name of corporate owner)

Re: Unit no. ____ Level no. ____

(or Re: All units and common elements)

Form 12: Partial Discharge of Judgment

(under Section 20 of the Condominium Act)

- (Title of Action) -

 

Re:  ______________________________ County Condominium Corporation No. ________

______________________________ (name of owner(s))

Unit no. ____ Level no. ____

The plaintiff obtained a judgment in this action against__________________________________ County Condominium Corporation No. ________.

The plaintiff has received payment of $______, which is the proportionate part of the judgmentthat ____________________ (name of owner(s)) is/are responsible for under the CondominiumAct and the declaration of __________________ County Condominium Corporation No. ____.

The plaintiff therefore discharges and releases _______________________ (name of owner(s))absolutely from the judgment, in accordance with subsection 20(2) of the Condominium Act.

Dated at __________________, _____________, 20___.

 

________________________________________

(signature of plaintiff)

________________________________________

(printed name of plaintiff)

(affidavit of execution)

Form 13: Notice of Condominium Corporation Lien

(under subsections 31(6) and (7B) of the Condominium Act)

________________________ County Condominium Corporation No. ________ gives noticeunder subsection 31(7B) of the Condominium Act, that the Corporation has a lien against Unitno. ____ Level no. ____ of the Condominium administered by it and the common interestsappurtenant to the unit, owned by _____________ _______________________ (full names ofowners, as appear on the conveyance to them).

The lien is for the amount of $________, which is the amount the owner(s)are in default inhis/her/their obligation to contribute towards the common expenses.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporationon _____________, 20___.

 

Signed, sealed and delivered    )

in the presence of                        )

________________________    )    ________County Condominium Corporation No._____

                                                          By _________________________________________

                                                          By _________________________________________

(affidavit of execution)

Form 14: Discharge of Condominium Corporation Lien

(under subsection 31(10) of the Condominium Act)

______________ County Condominium Corporation No. ________ discharges Unit no. ____Level no. ____ of the Condominium administered by it from the lien registered at the landregistration office at ____________ as Document number __________.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporationon _____________, 20___.

Signed, sealed and delivered

)

 

in the presence of

)

 

 

)

_______________ County Condominium CorporationNo._____

 

)

By

 

 

)

By

 

 

 

(affidavit of execution)

Form 15: Certificate of Corporation about Corporation By-laws

(under Section 67 of the Condominium Regulations)

To the Registrar of Condominiums:

______________ County Condominium Corporation No. ________ certifies that:

 

1)    the attached by-law(s) was/were made by the members of the Corporation at a meetingheld on _____________, 20___ for that purpose

 

2)    members of the Corporation who own at least 60% of the common elements voted infavour of the attached by-law(s)

 

3)    the attached by-law(s) was/were made in accordance with the Act, the declaration and theby-laws of the Corporation.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporationon _____________, 20___.

 

 

_________ County Condominium Corporation No.____

 

 

By

 

 

 

By

 

Form 15A: Declarant’s Certificate about Corporation By-laws

(under Section 67 of the Condominium Regulations)

To the Registrar of Condominiums

______________________, as the declarant of ___________________ County CondominiumCorporation No. ________, requests that the attached by-laws be accepted for registration as theby-laws of the Corporation.

The Declarant certifies that the by-laws were made in accordance with the Condominium Actand the Corporation’s declaration.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporationon _____________, 20___.

 

__________________________________________

Declarant

                                                          By __________________________________________

(signature)

__________________________________________

(printed name)

Form 16: Certificate about Owners’ Consent to Consolidation of Units

(under Section 72A of the Condominium Regulations)

To the Registrar of Condominiums:

__________________ County Condominium Corporation No. ________ certifies that

 

1)    the consolidation of unit numbers _____________ was voted on by the members of theCorporation at a meeting held on __________ (date) for that purpose

 

2)    members owning at least 66 2/3% of the common elements voted in favour of theconsolidation

 

3)    the agreement for consolidation of the units was completed in accordance with theCondominium Act and regulations

Attached is a diagram of the consolidated units duly completed by an architect.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporationon _____________, 20___.

 

__________ County Condominium Corporation No.__

(seal of corporation)                         By __________________________________________

                                                          By __________________________________________

Form 17: Certificate of Consolidation

(under subsection 14(5) of the Condominium Act)

This is to certify that the application to consolidate unit numbers ______ in __________County Condominium Corporation No. ________ was accepted for registration effective on andafter _________________ (date).

 

Date:        _______________________      _______________________________________

Registrar/Deputy Registrar of Condominiums

Form 18: Consent to Amalgamate Condominium Corporations

(under clause 54A(b) of the Condominium Regulations)

To the Registrar of Condominiums:

________________________ County Condominium Corporation No. ________ certifies that

 

1)    at a meeting held on ___________ (date) for this purpose, members of the ____________

County Condominium Corporation No. ________ voted on whether to amalgamate:

        ___________________________ County Condominium Corporation No. ________

       and

       ___________________________ County Condominium Corporation No. ________

 

2)    members owning at least 80% of the units of ______________ County CondominiumCorporation No. ________ voted in favour of approving the declaration and description ofthe amalgamated corporation.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporationon _____________, 20___.

 

_________County Condominium Corporation No.____

(seal of corporation)                   By ____________________________________________

                                                    By ____________________________________________

Form 19: Registrar’s Notice For Documentation

(under subsection 45A(2) of the Condominium Act)

By this notice, the Registrar of Condominiums requires ______________ CountyCondominium Corporation No. ________ to provide the document(s) checked off below within10 days of the date of this notice:

 

       [  ]    an annual financial statements for the period ending __________________, inaccordance with Section 24A of the Condominium Act

       [  ]    a reserve-fund study, in accordance with Section 31 of the Condominium Act

If the document(s) is/are not provided as required, the Registrar of Condominiums will levy apenalty payable by the Corporation in an amount of $1000.00 to $10 000.00, in accordance withthe fees set out in Part M of the Condominium Regulations.

Date:

 

 

 

 

 

 

Registrar/Deputy Registrar of Condominiums

Form 20: Certificate of Architect

(under clause 12(1)(e) of the Condominium Act)

To the Registrar of Condominiums:

I certify that the building(s) as shown on the architectural plans for ______________ CountyCondominium Corporation No. ________ have been constructed substantially in accordancewith the architectural plans.

Date:

 

 

 

 

(signature of architect)

 

 

 

(printed name of architect)

Form 21: Certificate of Engineer

(under clause 12(1)(e) of the Condominium Act)

To the Registrar of Condominiums:

I certify that the building(s) as shown on the structural plans for ______________ CountyCondominium Corporation No. ________ have been constructed substantially in accordancewith the structural plans.

Date:

 

 

 

 

(signature of engineer)

 

 

 

(printed name of engineer)

Form 22: Consent to Amend Description

(under subsection 12(3) of the Condominium Act)

To the Registrar of Condominiums:

______________ County Condominium Corporation No. ________ certifies that

 

1)    the attached amendment to the description was voted on by the members of theCorporation at a meeting held on _____________ (date), for that purpose

 

2)    members of the Corporation who own at least 80% of the common elements voted infavour of the attached amendment.

Witness the Seal of the Corporation duly affixed by the authorized officers of the Corporation,on _____________, 20___.

(seal of corporation)

 

______County Condominium Corporation No.____

 

By

 

 

By

 

Form 23: Notice of Intention to Submit Dispute to Arbitration

(under subsection 33A(2) of the Condominium Act)

To the Registrar of Condominiums:

The applicant requests that an arbitrator be appointed to conduct an arbitration proceedingbetween the following with respect to an issue pertaining to ____________ CountyCondominium Corporation No. ______:

Applicant:

name:

 

address:

 

 

 

phone number:

 

Representative (if any)

name:

 

address:

 

 

 

phone number:

 

Respondent:

name:

 

address:

 

 

 

phone number:

 

Representative (if any)

name:

 

address:

 

 

 

phone number:

 

A brief description of the issue is as follows:

 

 

 

 

Date:

 

 

 

 

(signature of applicant)

 

 

 

(printed name of applicant)

cc: (respondent and any representative of the respondent)

Form 24: Notice of Decision Not to Proceed with Subsequent Phases

(under subsection 76(7) of the Condominium Regulations)

 

To:           The Registrar of Condominiums

And to:    The unit owners and Board of Directors of __________ County CondominiumCorporation No. ___

This is notice under subsection 76(7) of the Condominium Regulations, that I/we,____________________ (name of declarant(s)) have decided not to proceed with proposedphases ___________________ (particulars) of ___________________ County CondominiumCorporation No. ________.

Dated at __________________, _____________, 20___.

____________________________

(signature of declarant

or authorized officer of declarant)

Form 25: Notice of Breach of Condominium Corporation’s Declaration,

By-laws, or Common-Element Rules

(Section 44C of the Condominium Act)

 

To:           _____________, owner of Unit _______ in _____________ County CondominiumCorporation No. _____

 

And to:    ____________________, tenant of _________________________ (owner), in Unit__________ in ______________ County Condominium Corporation No. ________

The Board of Directors of ______________ County Condominium Corporation No. ________has determined that _______________________, the tenant of Unit _______ is in breach of theCondominium Corporation’s

 

       [  ]    declaration

       [  ]    by-laws

       [  ]    common-element rules

In particular, (set out particulars of breach)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

You have 15 days to resolve this matter to the satisfaction of the Board of Directors. If you donot do so, the Board may apply to the Director of Residential Tenancies for an order evicting______________________ (name of tenant) from Unit _______, in accordance with Section 13of the Residential Tenancies Act and Section 44 D of the Condominium Act.

You are directed to contact the undersigned, who is the Board’s representative in this matter.

___________________________________

Name

Position

Contact Information

Affidavit of Service

I, ______________(name), of ______________________ (civic address), make oath/affirmthat I served ______________________ (name of person served) on ________________ (date)with a true copy of the attached notice by _________________ (details of service – may beserved on tenant by personal service or by leaving at unit; may be served on owner by personalservice or by regular mail).

 

Sworn to/Affirmed at                            )

______________________________    )                         (signature)

on _________________ (date), before   )   ___________________________________

_______________________________  )                         (printed name)

Commissioner of the Supreme Court of )

Nova Scotia                                             )

Form 26: Application to Condominium Dispute Officer to Hear Dispute

Between Condominium Corporation and Unit Owner

(under Section 33 of the Condominium Act and Section 82A of the Condominium Regulations)

 

File No. ____________

Important dates for applicant:

Date of application: (date application is submitted)

 

Deadline for delivering application and supportingdocuments to respondent: (10 days after date ofapplication)

 

Deadline for returning affidavit of service tocondominium dispute officer:

10 days after application delivered to respondent

Hearing date: (if necessary)

 

Applicant and respondent contact information:

[ ] Applicant

[ ] Respondent

____________________ County Condominium Corporation No. ________

contact person:

address:

phone number:

e-mail address:

[ ] Applicant

[ ] Respondent

Name: ____________________________________________, owner of Unit No._______ in ________________ County Condominium Corporation No. ____

address:

phone number:

e-mail address:

Hearing location:

(to be filled in by Office of Service Nova Scotia)

To the respondent:

Take notice that the applicant has applied to have a condominium dispute officer hear a disputebetween you and the applicant. The details about the dispute are set out in this application and in theattached information. If you want to respond to the application, you must send the condominiumdispute officer a written response and deliver it to the hearing location no later than 10 days after thedate you received this application, and give a copy of your response to the applicant. If you do notrespond, an order can be made without your input.

 

Information on the powers of the condominium dispute officer are set out in this application. Forfurther information on the process, please contact Office of Service Nova Scotia at:

(contact information for Department)

Application details:

The Applicant asks the condominium dispute officer to hear a dispute regarding (check applicable box)

 

        [  ]     a breach of the by-laws about use of the common elements and/or units

        [  ]     the condominium corporation failing to provide records of the corporation as required

        [  ]     enforcement of the condominium corporation’s rules about use of common elements

In particular, (Set out details of dispute. Use a separate piece of paper if necessary.)

Supporting documentation (list below and attach copies)

Powers of the condominium dispute officer:

A condominium dispute officer can hear certain disputes between a condominium corporation and aunit owner.

A condominium dispute officer may decide the dispute based on the written submissions of theparties without holding an oral hearing.

A condominium dispute officer has the power to make an order, and may do any of the following inthe order:

 

      • direct a condominium corporation to perform any of its duties under the Condominium Act,including maintaining and providing copies of corporate and financial records and enforcingcondominium rules

      • direct a condominium corporation to pay a fine for non-compliance

      • set the fees that can be charged by a corporation for providing records

      • direct a unit owner to comply with a by-law or rule and pay a fine for non-compliance

      • split the application fee between the applicant and respondent

A condominium dispute officer’s order can be made into an order of the Supreme Court of NovaScotia and enforced as an order of the court.

(See Section 33 of the Condominium Act and Sections 82A and 82B of the CondominiumRegulations)

Affidavit of Service:

I, ______________ (name), of ____________________ (civic address), make oath/affirm that I served_______________________ (name of person served) on _________________ (date) with a true copyof the attached application and the supporting documentation by _____________________ (details ofpersonal service or registered mail).

Sworn to/Affirmed at

________________________________)                                  (signature)

on _________________ (date), before  )     _____________________________________________

________________________________)                                  (printed name)

Commissioner of the Supreme Court of )

Nova Scotia                                            )

Form 27:

 Notice of Appeal of Decision of Condominium Dispute Officer

(under Section 33 of the Condominium Act and Section 82D of the Condominium Regulations)

 

File No. _____________

Important dates for applicant:

Decision of condominium dispute officer (date and file number):

 

Date appeal filed: (date notice of appeal is submitted)

 

Deadline for delivering notice of appeal and supportingdocuments to respondent: (10 days after date appeal filed)

 

Deadline for returning affidavit of service to condominiumappeals officer:

10 days after notice of appealdelivered to respondent

Hearing date: (if necessary)

 

Appellant and respondent contact information:

[ ] Appellant

[ ] Respondent

_____________ County Condominium Corporation No. ________

contact person:

address:

phone number:

e-mail address:

[ ] Appellant

[ ] Respondent

Name: __________________________________, owner of Unit No. _______ in________________ County Condominium Corporation No. ________

address:

phone number:

e-mail address:

Hearing location:

(to be filled in by Office of Service Nova Scotia)

To the respondent:

Take notice that the appellant is appealing the attached decision of the condominium dispute officer. The applicant’s reasons for appealing are set out in this notice and in the attached information. If youwant to respond to the appeal, you must send the condominium appeals officer a written response anddeliver it to the hearing location no later than 10 days after the date you receive this notice, and give acopy of your response to the appellant. If you do not respond, an order can be made without your input.

Information on the powers of the condominium appeals officer are listed on this notice. For furtherinformation on the process, please contact Office of Service Nova Scotia at:

(contact information for Department)

Reasons for the appeal:

The appellant says that the decision of the condominium dispute officer must be varied or rescindedbecause the condominium dispute officer made an error of (check any applicable box)

 

        [ ]      jurisdiction

        [ ]      law

In particular, (Set out details of reasons for appeal. Use a separate piece of paper if necessary.)

Supporting documentation (list below and attach copies)

(You must include copies of documentation filed in the application, including application andattachments, response, and decision of condominium dispute officer)

Powers of the condominium appeals officer

A condominium appeals officer can hear appeals of condominium dispute officers’ decisions ondisputes between a condominium corporation and a unit owner.

A condominium appeals officer may decide an appeal based on the written submissions of the partieswithout holding an oral hearing. A condominium appeals officer cannot hear the entire dispute againand can only hear appeals of decisions on the basis of an error of law or jurisdiction.

A condominium appeals officer has the power to make an order, and may do any of the following inthe order:

 

      •        confirm the condominium dispute officer’s decision, if no error of law or jurisdiction isfound

      •        vary the condominium dispute officer’s decision, based on an error of law or jurisdiction,and make any order that the condominium dispute officer could have made

      •        rescind the condominium dispute officer’s decision, if an error of jurisdiction is found

      •        split the fees charged for the appeal between the appellant and respondent (maximum feesare $1000/day for the hearing and $150/hour for writing the decision)

A condominium appeals officer’s order can be made an order of the Supreme Court of Nova Scotiaand enforced as an order of the court.

(See Section 33 of the Condominium Act and Sections 82D and 82E of the CondominiumRegulations)

___________________________________________________________________________________

Affidavit of Service:

I, ______________ (name), of ______________________ (civic address), make oath/affirm that Iserved_________________________ (name of person served) on ___________________ (date) with atrue copy of the attached Notice of Appeal and the supporting documentation by__________________________ (details of personal service or registered mail).

Sworn to/Affirmed at

)

(signature)

 

)

(printed name)

on _________________ (date), before

)

 

 

)

 

Commissioner of the Supreme Court of NovaScotia

)

 

[Note: The references to the Department of Service Nova Scotia and Municipal Relations has been updatedin accordance with Order in Council 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376, effectiveApril 1, 2014.]

Form 28: Notice of Proposed Condominium Rule Change by Board of Directors

(under subsection 24(1B) of the Condominium Act)

To: __________________, owner of Unit ________ in _____________ County CondominiumCorporation No. ________

The Board of Directors of ______________ County Condominium Corporation No. ________gives you notice that it is proposing to change the rules of the Condominium Corporation, by(choose all applicable boxes):

       [ ] creating a new rule

       [ ] amending an existing rule

       [ ] repealing an existing rule

In particular, (set out rule change)

Take notice that if you do not agree with the proposed rule change, you have until (fill in date– 15 days from date that the notice is sent by regular mail) to return the attached notice ofobjection to the Board by delivering it to the Board’s representative at the address set out on thisform.

Under the provisions of the Condominium Act, the rule change takes effect immediately if theBoard does not receive any notice of objection by the deadline stated above, and remains ineffect until it is ratified by a majority of members present at the next general meeting of thecondominium corporation members.

If you have any questions about the proposed rule change, contact the following, who is theBoard’s representative in this matter:

(signature)

(name)

(position)

(contact information)

Notice of objection

I, _______________________, owner of Unit___________ give notice that I object to theproposed rule change.

____________________________

(signature of owner)

Schedule “C” added: O.I.C. 2011-252, 230/2011.