Bill 25 — The Condominium Property Amendment Act, 1972 the Attorney General (Legislature 17, Session 1)

L17 S1 5006

Alberta — Bills

1972 Bdll 25 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 25 The Condominium Property Amendment Act, 1972 THE ATTORNEY GENERAL First Reading . . . . . . . . . . . . . . . . . . . .. . ....... . Second Reading . Third Reading .............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 2S 1972 THE CONDOMINIUM PROPERTY AMENDMENT ACT, 1972 ( Assented to ,1972) HER MAJESTY, by and with the advice and consent of the Legisllative Assembly of Alberta, enacts as fol~ows: 1. The Condominium Property Act is hereby amended.

Section 2, subsection (1) is ame.nded by striking out clause (

j) and by substituting the following: (j) "unanimous resolution" means a resolution (

i) unanimously passed at a properly convened meeting of a corporation at wh~ch all persons entitled to 'exerdse the powers of voting con ferred by this Act or the by-laws are present personally or by proxy at the time of the mo tion, or (~

i) signed by all persons who, at a properly con vened meeting of a corporation, would be en titled to exercise the powers of voting con ferred by this Act or the by-laws;

Section 3 is amended by adding the following sub section:

(4) Notwithstanding subsection (3), where land ,is held under lease and a certificate of title has been issued under The Land Titles Act lin respect of the lease, this Act ap plies to the land descdbed in the certificate of title, ex cepting thereout all mines and minerals.

Section 4, subse.ction (3) is amended by adding at the end thereof the words "and the provisions of that Act apply to any such dealings dn so far as they do not con flict with this Act or the regulations". 5 ..

Section 20 is amended by adding the following sub secttons after subsection (3):

Explanatory Notes I. This Bill amends

chapter 62 of the Revised Statutes of Al berta 1970. 2. The definition of unanimous resolution is amended to pro vide an alternate method of passage.

Section 2, clause (

j) pre sently reads: (j) "unanimous resolution" me'ans a resolution unanimously passed at a properly convened meeting of a oorporation at which all peI"sons entitled to exercise the powers of voting oonferred by this Act or the by-laws are present personally or by proxy at the time of the motion; 3. The Act is extended to permit condominiums to be constructed on lands held by leasehold. 4. The amendment expresses for greater certainty that the provisions of The Land Titles Act that are consistent with The Condominium Propedy Act apply to dealings under this Act.

Section 4, subsection (3) presently reads:

(3) After a cer:tincate of title to a unLt is issued pursuant to sub section (1), the unit comprised therein -may devolve or be transferred, leased, mortgaged or otherwise dealt with in the same manner and form as any land held under The Land Titles Act. 5. The amendment gives a corporation a charge for an owner's unpaid contribution upon the filing of a caveat to that effect.

(4) A corporation may fHe a. caveat against the certi ficate of title to an owner's unIt for the amount of any contr1ibution levied on the owner but unpaid by him.

(5) Upon the filing of the caveat the corporation has a charge against the unit equal to the unpaid contribution.

(6) A charge under subsection (5) has the same prior ity from the date of filling of the caveat as a mortgage under The Land Titles Act and may be enforced in the same manner as a mortgage.

(7) The Dower Act and The Exemptions Act do not apply to proceedings under subsection (5).

(8) Where a corporation has filed a caveat, the corpor ation upon the payment to lit of the amount of the charge shall withdraw the caveat. 6. Sections 21 to 24 are struck out and the following sections are subst,ituted: 21.

(1) The corporation shall insure and keep insured the units and the common property to the replacement val ue thereof against fire, and against any other supplemental perils which may be specified by the by-laws, to the extent required by the by-laws and for this purpose the corpora tion has an insurable interest to the replacement value of the units and the common property, and an insurable in terest in the subj ect matter of any other supplemental perHs insurance.

(2) Where the by-laws are silent concerning insurance against any supplemental peril, the board may insure against that peril but the premium payable therefor shall only obligate the corporation for a period until the next general meeting of the corporation at which time continu ation of the insurance may be authorized by special reso lution.

(3) Any payment by an insurer under a policy of in surance entered into under subsection (1) shall, notwith standing the terms of the policy, be paid to or to the order of the corporation, and, subject to s'ection 29, the corpora tion shall forthwith use the proceeds for the repair or replacement of the damaged units and common property so far as the same may lawfully be effected. (4) ~ policy ?f insur.ance issued to a corporation under suhsecbon

(1) IS not lIable to be brought into contribu tio~ w!th any other policy of insurance except another polIcy Issu.ed on tl;1e same property under subsection (1), and, notwIthstandIng the provisions of the policy shall be deemed not to be other insurance dn relation t~ such other policy. 2

6. This amendment substitutes the provisions adopted in 1971 by the Conference of Commissioners on Uniformity of Legisla tion in Canada.

Section 21, subsection (2) is an addition to fit in more readily with the Alberta Act.

Section 24 is retained from the present provisions which read as follows: 2 21.

(1) It is the duty of a ,corporation: (

a) to insure and keep insured the building to the r,eplacement value ther6<0'f against fire and such other dsks as may be pre scribed by the regulations, unless otherwise resDlv,ed by unani mous resolution; (

b) to insure against such ,other risks as may be determined by a unanimous resolution; (

c) subject to se·ctions 30 and 31, to apply insurance moneys re ceived by it in respect of damag'e to Ithe building forthwith in rebuilding and reinstating the building so far as that may law fully be effected; (

d) to pay premiums on any policies of insurance effected by it.

(2) For the purpose of effecting any insurance under subseClUon (1), clause (a), a cDrporation has an insurable interest :to the replacement value of the building and for the purpose of effecting any other in ,surance under subsection (1) has an insurable interest in the subject matter af It hat insurance.

(3) A policy of insurance authorized by thi,s

section and taken out by a 00rporation in respeet :of the building is not liable to. be brought inw contribution with any other policy of insurance except another policy authorized by this

section in respe'ct of the same building. 22.

(1) Where a building is insured to its replacement value the owner of a unit may effect 'a policy of insurance in respe,crt of any damage to his unilt in a sum equal to the am'ount se'cured, at the da.te of a.ny loss referred to in the p'oHcy, .by mortKage upon his unit.

(2) Where a policy of insurance authorized by this secrtion is in force (

a) payment shall be made by the insurer under the, policy to the mortgagees whose interests are noted thereon in order of their priorilties, subject to the terms and conditions of the policy, (

b) subject to the terms and conditions 'Of the policy, the insurer is liable to pay thereunder (

i) the value stated in the policy, or (ii) the amount of the loss, or (iii) an amount sufficient, at the date of the loss, to discharge mortgages charged up,on the unit, whichever is the leas,t amount, (

c) if the amount S'O paid by the insurer equals the amoun't neces sary to discharge a mortgage charged upon the unit, the insurer is entitled to an assignment of that mortgage, and (

d) if the amount so paid by the insurer is less than the amount necessary to discharge a mortgage charged upon the unit, the insurer is entitled to an assignment of a partial interest in the mOl1tgage to se·cUl1e the amount so paid. 23.

(1) Where a building is uninsured Dr has been insured to less than its replacement value, an owner may (

a) effect a policy of insurance in respect of any damage to his unit in a sum equal to the replacement value of his unit less a sum representing the amount to which his unit is insured under any policy of insurance effected on the building, or (

b) notwithstanding any existing policies, effect a policy of in surance in respect of damage to his unit in a sum equal to the amount se,cured, at the date of any loss referred to in the last mentioned poHcy, by mortgages upon his unit, and

section 22, sub section (2) applies in respect of any payment pursuant to tha;t last mentioned policy.

(2) For the purpose of ·subseotion (1), the amount for which a unit is insured under a p,oncy 'of insurance effected in respect of the build ing ,shall be determined by multiplying the value stated in the policy by the unit factor for the unit and dividing the product so obtained by the sum of Ithe unit factors for all units. 24.

(1) A policy of insurance authorized by

section 22 or 23 and taken out by an owner in re,spect of damage to his unit is not liable to be brought into oontribution with any other policy of insurance except another policy authorized by those sections and taken out in respect of damage to the same unit.

(2) Nothing in

section 22 or 23 limits the right of an owner to insure against risks other than damage to his unit.

(3) Se-ctions 22 and 23 apply notwithstanding' The Alberta Insurance Act or any other law relating to insurance.

(1) Notwithstanding

section 21, subsection (1), The. Alberta Insurance Act, or any other law relating to 'in surance, a unit owner may insure (

a) his unit, to the replacement value thereof, against fire and such other supplemental perils to the ex tent that it is not so insured by the corporation under

section 21, subsection (1.), (b) ~mprovements to his unit, to the extent the im provements are not so insured by the corporation under

section 21., subsection (1.), (

c) his unit, in a sum equal to the amount owdng at the date of any loss referred to in the policy on a mortgage of his unit, and (

d) his unit, against any other supplemental perils, where the supplemental perils are not insured by the corporation.

(2) Notwithstanding The Alberta Insurance Act, or the terms and conditions of the policy, any payment by an insurer under a policy of insurance entered ~nto for the purpose of subsection (1), clause (

c) shall be made to the mortgagees, if the mortgagees, or any of them, so require, in the order of their priorities, and the insurer is then en titled to an assignment of the mortgage or a partial in terest in the mortgage to secure the amount so paid.

(3) A policy of insurancle issued to a unit owner under the authority of subsection (1) lis not liable to be brought into contribution with any other policy of insurance ex cept another policy issued on the same property under subsection (1), and, notwithstanding the provisions of the policy, shall be deemed not to be other insuran0e in rela tion to such other policy.

Section 21, subsection (1) does not restrict the ca pacity of any person to insure otherwise than as provided in that subsection. 24. Nothing in

section 22 limits the right of an owner to insure against risks other than damage to his unit . . 7. This Act comes into force on the day upon whick it tS assented to. 3 Title: 1972 (17th, 1st) Bill 25, The Condominium Property Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5006
Type	bill
Volume / chapter	L17 S1 5006
Language	en
Format	json
Source	PROVINCIAL
Identifier	d5ccaae7e638aa98514890cdabf99da0aa0f2c2f

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