Statutes of Newfoundland and Labrador 2022 Chapter 12

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2009 cC-29.1
as amended

1. Paragraph 2(1)(j) of the Condominium Act, 2009 is repealed and the following substituted:

(j) "court" means the Supreme Court of Newfoundland and Labrador;

2. Paragraph 4(b) of the Act is amended by deleting the words "his or her".

3. Section 5 of the Act is amended by deleting the words "his or her authority" and substituting the words "the authority of the registrar or deputy registrar".

4. Subsection 13(1) of the Act is amended by deleting the words "his or her" and substituting the words "the owner's".

5. The Act is amended by adding immediately after section 18 the following:

Annual general meeting

18.1 (1) A corporation shall hold its first annual general meeting not more than 18 months after the corporation is created.

(2) A corporation shall hold subsequent annual general meetings no later than 15 months after the immediately preceding annual general meeting.

6. (1) Subsection 27(1) of the Act is repealed and the following substituted:

Board of directors

27. (1) The affairs of the corporation shall be managed by a board of directors.

(2) Section 27 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) The board of directors referred to in subsection (1) shall be comprised as follows:

(a) where the property consists of only 2 units, the board of directors shall consist of 2 persons elected by the members of the corporation; and

(b) where the property consists of 3 or more units, the board of directors shall consist of 3 persons or a greater number as the declaration or by-laws may provide, elected by the members of the corporation.

(1.2) Notwithstanding subsection (1.1), where the declarant has not sold any units, the board of directors may consist of one person appointed by the declarant.

(1.3) Notwithstanding paragraph (1.1)(b), where all the units in the property are owned by only 2 different owners, the board of directors shall consist of 2 persons elected by the members of the corporation.

(3) Subsection 27(2) of the Act is amended by deleting the reference "subsection (1)" and substituting the reference "subsection (1.1)".

7. Subsection 29(1) of the Act is amended by deleting the words "his or her" and substituting the words "the unit owner's".

8. Subsection 39(5) of the Act is amended by deleting the words "him or her as auditor" and substituting the words "the auditor".

9. Paragraph 47(1)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the owner's".

10. (1) Subsections 49(2) to (6) of the Act are repealed and the following substituted:

(2) Where a corporation has, as one of its objects, the management of a property consisting of less than 10 units, the corporation shall assess and collect the owner's contributions to the reserve fund in an amount that would result in the amount of the reserve fund becoming, and continuing to be, within 5 years after the corporation is created, 100% of the annual operating budget of the corporation.

(3) Where a corporation has, as one of its objects, the management of a property consisting of 10 or more units, the corporation shall

(a) complete a reserve fund study before the sale of the first unit; and

(b) assess and collect the owner's contributions to the reserve fund in an amount that would result in the amount of the reserve fund becoming, and continuing to be, the minimum amount recommended in the reserve fund study within the time period recommended in the reserve fund study.

(4) A reserve fund study shall

(a) be completed in accordance with the regulations;

(b) be prepared by the person or a member of the class of persons prescribed in the regulations; and

(5) Where this section requires that a reserve fund study be completed, the corporation shall, within every 10 years from the completion of the previous reserve fund study,

(a) complete an updated reserve fund study in accordance with subsection (4); and

(b) provide a copy of the updated reserve fund study to each of the unit owners as soon as it is completed.

(6) Where an updated reserve fund study is completed in accordance with this section and the amount of the reserve fund of the corporation is less than the minimum amount that the reserve fund study recommends that the fund ought to be, the corporation shall assess and collect contributions from the unit owners in an amount that shall result in the reserve fund amount recommended by the study being achieved within the period of time recommended in the study and continuing to be at least the minimum amount recommended in the reserve fund study.

(2) Section 49 of the Act is amended by adding immediately after subsection (6) the following:

(6.1) Where requested by the registrar, a corporation shall provide a copy of a reserve fund study to the registrar.

(3) Subsection 49(9) of the Act is amended by deleting the words "he or she" and substituting the words "the declarant".

11. Subsection 51(1) of the Act is amended by

(a) deleting the words "him or her" wherever they appear and substituting the words "the owner"; and

(b) deleting the words "he or she" and substituting the words "the owner".

12. Subsection 59(1) of the Act is amended by deleting the words "his or her" and substituting the words "the owner's".

13. Subsection 63(3) of the Act is amended by deleting the word "and" at the end of paragraph (d), deleting the period at the end of paragraph (e) and substituting a semi-colon and the word "and" and adding immediately after that paragraph the following:

(f) the corporation is dissolved.

14. (1) Subsection 85(4) of the Act is amended by deleting the words "his or her" and substituting the word "the".

(2) Subsection 85(5) of the Act is amended by deleting the words "his or her" and substituting the word "the".