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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 955/96

CONSOLIDATED NEWFOUNDLAND REGULATION 955/96

Condominium Regulations
under the
Condominium Act
(O.C. 96‑263)

Under the authority of section 20 of the Condominium Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Properties registered

        4.   Declaration

        5.   Registered plan

        6.   Fees

        7.   Forms

        8.   Corporation account books

        9.   Repeal


Short title

        1. These regulations may be cited as the Condominium Regulations.

81/78 s1

Definition

        2. In these regulations "Act" means the Condominium Act.

81/78 s2

Properties registered

        3. Property shall not be registered under the Act unless

             (a)  the building described in the declaration contains not less than 6 units;

             (b)  the floor area of each unit within the building is not less than 5.8 metres.

81/78 s3; 87/91 s1

Declaration

        4. Every declaration shall contain, in addition to the matters in subsection 4(1) of the Act,

             (a)  without limiting paragraph 4(1)(d), the use to which each unit within the building is to be applied;

             (b)  provisions relating to the rights, benefits and privileges conferred on the owner of a unit, or with respect to the unit or common elements; and

             (c)  an address for service of all documents served or to be served on the corporation named in a certificate of registration issued by the registrar under paragraph 8(3)(b) of the Act.

81/78 s4

Registered plan

        5. Every plan to be registered in the registry with the declaration shall contain, in addition to the matters specified in subsection 4(2) of the Act,

             (a)  particulars of the type of structure of the building and the materials used in the construction of the common elements; and

             (b)  a statement that the building shown on the plan has been erected on the property, or if in the course of construction has been substantially completed.

81/78 s5

Fees

        6. (1) The registrar shall, before the acceptance for registration or filing of a document required to be registered or filed under the Act, collect those fees as prescribed by the minister.

             (2)  Where fees are required to be collected with reference to the total value of the property, the registrar shall require proof to be made on oath of the total value of that property.

106/82 s1

Forms

        7. (1) Forms required for the carrying out of these regulations shall be prescribed by the minister.

             (2)  The form for a lien as prescribed by the minister and filed by a corporation under paragraph 5(2)(d) of the Act, together with the required affidavit, shall be executed by the person authorized to sign for the corporation under the by‑laws, or if no by‑laws exist, by all the members of the corporation other than the members whose unit is affected by the lien.

81/78 s7

Corporation account books

        8. The by‑laws registered by a corporation in the registry may provide for the keeping of proper books of account relating to the affairs of the corporation, but where that provision is made, there shall be considered to be included in those by‑laws a right to each member of the corporation to inspect at all reasonable times every account book of that kind.

81/78 s8

Repeal

        9. The Condominium Regulations, 1974, Newfoundland Regulation 81/78, are repealed.

(This document includes the correction made on
October 25, 1996, p.421.)