1 CONDOMINIUM PROPERTY 1 B I L L No. 21 of 1997

An Act to amend The Condominium Property Act, 1993 (Assented to , 1997) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Condominium Property Amendment Act, 1997 . S.S. 1993, c.C-26.1 amended 2 The Condominium Property Act, 1993 is amended in the manner set forth in this Act.

Section 2 amended 3 Clause 2(1)(

m) is amended by striking out “ clause 9(3)(b) ” and substituting “clause 9(3)(c)”.

Section 4 amended 4 Subsection 4(2) is amended by striking out “ instrument”.

Section 9 amended 5 Clauses 9(1)(

c) and (

d) are repealed and the following substituted: “(

c) illustrate the units and distinguish the units by numbers; “(

d) illustrate common property and indicate in the prescribed manner any prescribed common facilities”.

Section 10 amended 6(1) Subsection 10(1) is amended: (

a) by repealing clause (

b) and substituting the following: “(

b) a certificate of the clerk of the local authority stating that the proposed division of the buildings or land, as shown in the plan, has been approved by the local authority or an official designated by the local authority for that purpose ”; and (

b) by repealing clause (

d) and substituting the following: “(

d) a certificate of acceptance granted by the minister where required by the regulations or a waiver of the requirement to obtain security where authorized by the regulations ”. (2) Subsection 10(2) is amended by striking out “ a bond, letter of credit, other security or has provided for another financial arrangement ” and substituting “security ”.

2 CONDOMINIUM PROPERTY2 (3) Subsection 10(3) is repealed and the following substituted: “

(3) The minister may grant a certificate of acceptance for the purpose of clause (1)(

d) where: (

a) there is evidence satisfactory to the minister that the developer has obtained security as prescribed by the regulations; and (

b) in the minister’s opinion, the declaration adequately describes the common property and common facilities on the parcel that the developer undertakes to provide ”. (4) Subsection 10(4) is amended by striking out “ a bond, letter of credit, other security or another financial arrangement ” and substituting “security”.

Section 12 amended 7 Clause 12(1)(

e) is repealed and the following substituted: “(

e) all records that exist with respect to the corporation and that are required to be kept pursuant to

section 39 and all written agreements to which the corporation is a party ”.

Section 16 amended 8(1) Clause 16(3)(

b) is repealed and the following substituted: “(

b) a certificate of acceptance granted by the minister or a waiver of the requirement to obtain security where authorized by the regulations ”. (2) Clause 16(4)(

a) is amended by striking out “ a bond, letter of credit, other security or has provided for another financial arrangement ” and substituting “ security”. (3) Clause 16(5)(

a) is amended by striking out “ a bond, letter of credit, other security or has provided for another financial arrangement ” and substituting “ security”. (4) Subsection 16(8) is amended by striking out “ a bond, letter of credit, other security or another financial arrangement ” and substituting “security”.

Section 20 amended 9 Subsection 20(1) is amended by striking out “ 30 days” and substituting “one year”.

Section 21 amended 10(1) Subsection 21(1) is amended: (

a) by striking out “ a bond, letter of credit, other security or another financial arrangement” and substituting “security”; and (

b) by adding “ or a waiver of the requirement to obtain security where authorized by the regulations” after “minister”. (2) Clause 21(2)(

b) is amended: (

a) by striking out “ a bond, letter of credit, other security or has provided for another financial arrangement” and substituting “security”; and (

b) by adding “ described in subclause 2(1)(n)(ii)” after “developer”. (3) Subsection 21(3) is amended by striking out “ developer has obtained a bond, letter of credit, other security or has provided for another financial arrangement” and substituting “ developer described in subclause 2(1)(n)(ii) has obtained security”.

3 CONDOMINIUM PROPERTY 3 (4) Subsection 21(4) is amended by striking out “ a bond, letter of credit, other security or another financial arrangement ” and substituting “ security”.

Section 23 amended 11 Subsection 23(1) is amended: (

a) in clause (

e) by striking out “ issue” and substituting “ subject to clause (e.1), issue”; (

b) by striking out “ and” after clause (e); and (

c) by adding the following after clause (e): “(e.1) endorse on the certificates of title issued pursuant to clause (

e) any mortgage that: (

i) was noted on the certificate of title cancelled pursuant to clause 5(1)(

a) when the original condominium plan was registered; (ii) was endorsed pursuant to subsection 5(3) on the certificates of title issued pursuant to clause 5(1)(b); and (iii) has not been discharged and remains endorsed on the condominium plan when the replacement plan is registered; and”.

Section 26 amended 12(1) Subsection 26(1) is amended: (

a) in clause (

n) by adding “ and the regulations” after “Act”; (

b) by striking out “ and” after clause (n); and (

c) by adding the following clauses after clause (o): “(

p) any security obtained by the developer as required by this Act and the amount of the security, its terms and its purposes or a statement that security is not required or has not yet been obtained; “(

q) a statement that indicates how the developer is allocating or disposing of parking spaces that are in excess of those required pursuant to

section 11; and “(

r) any additional documents or information prescribed by the regulations”.

(2) The following subsection is added after subsection 26(4): “

(5) Where the units and common facilities have been completed, and the requirements of sections 12 and 38 have been satisfied, subsections (1) to (4) no longer apply”.

Section 34 amended 13 Subsection 34(5) is repealed and the following substituted: “

(5) A corporation may, by special resolution: (

a) acquire an interest in real property for use by the corporation but not for the purpose of investment; or (

b) dispose of an interest in real property that is owned by the corporation.

4 CONDOMINIUM PROPERTY4 “

(5.1) Subject to the bylaws, a corporation may do either or both of the following: (

a) borrow money for the purpose of carrying out the objects and performing the duties of the corporation; (

b) grant a security interest in real or personal property that is owned by the corporation or in any amount that is due from an owner pursuant to

section 57 or 58”. New

section 38 14

Section 38 is repealed and the following substituted: “First annual meeting 38(1) A developer who registers a condominium plan shall convene the first annual meeting at which a board is to be elected at the earlier of the following: (

a) not later than one year after registration of the condominium plan; (

b) within 45 days after a request by owners who represent not less than 25% of the unit factors.

(2) Where the developer does not convene the first annual meeting as required in subsection (1), the owners may convene the first annual meeting.

(3) Where the owners convene the first annual meeting, the owners shall notify the developer of the meeting at least seven days before the meeting”.

Section 46 amended 15 Subsection 46(3) is repealed and the following substituted: “

(3) An amendment to or a repeal of any bylaw has no effect until: (

a) the corporation files a copy of the amendment or repeal with the registrar or files the copy in the manner prescribed in the regulations; and (

b) if the copy of the amendment or repeal has been filed with the registrar pursuant to clause (a), the registrar has made reference to the amendment or repeal on the registered plan ”.

Section 47 amended 16 Clause 47(1)(

k) is amended by striking out “ authorizing” and substituting “ respecting”.

Section 57 amended 17(1) Clause 57(2)(

b) is amended by adding “ when the default occurred and” after “owner”. (2) Subsection 57(3) is repealed.

Section 58 amended 18(1) Subsection 58(3) is repealed. (2) Subsection 58(4) is amended by adding “ when the default occurred and” after “owner”.

Section 62 repealed 19

Section 62 is repealed.

5 CONDOMINIUM PROPERTY 5

Section 65 amended 20(1) The following subsection is added after subsection 65(1): “

(1.1) Notwithstanding subsection (1), except as may be required by a contrary provision contained in the bylaws, a corporation may, but is not obliged to, obtain and maintain insurance on bare land units or on buildings or improvements placed on bare land units ”. (2) Subsection 65(2) is amended by striking out “ subsection (1) ” and substituting “this section”. (3) Subsection 65(4) is amended by striking out “ subsection (3) ” and substituting “this section”.

Section 72 amended 21(1) Subsection 72(1) is amended: (

a) by striking out “ A corporation ” and substituting “ Subject to subsection (3), a corporation”; and (

b) by striking out “ unanimous” and substituting “ special”.

(2) The following subsection is added after subsection 72(2): “

(3) Where, as a result of a special resolution pursuant to subsection (1), an owner may lose exclusive use privileges, the special resolution is not effective against that owner with respect to the exclusive use area to which the owner has access if the owner does not consent to the resolution ”. New

section 73 22

Section 73 is repealed and the following substituted: “Easements and restrictions accepted 73(1) A corporation may be directed by a special resolution to accept on behalf of the owners a grant of easement or a restrictive covenant that benefits the parcel.

(2) The registrar shall not register an agreement accepting, or a caveat respecting the acceptance of, an easement or a restrictive covenant pursuant to this

section unless the agreement or caveat has endorsed on it, or is accompanied by, a certificate under the seal of the corporation stating that the resolution mentioned in subsection (1) was properly passed and that all necessary consents were given.

(3) The certificate mentioned in subsection (2) is conclusive proof of the facts stated in it in favour of: (

a) a person dealing with the corporation pursuant to this section; and (

b) the registrar.

(4) On registering an agreement or caveat described in subsection (2), the registrar shall make the required memorandum of the agreement or caveat respecting the dominant tenement by noting the registration of the agreement or caveat on the registered condominium plan ”.

Section 74 amended 23(1) Subsection 74(1) is amended by striking out “ unanimous” and substituting “special”. (2) Clause 74(2)(

a) is amended by striking out “ unanimous ” and substituting “special”.

6 CONDOMINIUM PROPERTY6 (3) Subsection 74(5) is repealed and the following sustituted: “

(5) The registrar shall not register an agreement granting, or a caveat respecting the grant of, an easement or covenant pursuant to this

section unless the agreement or caveat has endorsed on it, or is accompanied by, a certificate under the seal of the corporation stating that the resolution mentioned in subsection (1) was properly passed and that all necessary consents were given”. (4) Subsection 74(7) is repealed and the following substituted: “

(7) On registering an agreement or caveat described in subsection (5), the registrar shall make the required memorandum of the agreement or caveat respecting the servient tenement by noting the registration of the agreement or caveat on the registered condominium plan ”.

Section 81 amended 24(1) Subsection 81(1) is repealed and the following substituted: “

(1) Where the owner’s contribution to a fund established pursuant to

section 55 is in arrears respecting a residential unit that is occupied by a tenant renting from the owner, the corporation may: (

a) by written notice to the tenant and the owner, require the tenant to pa