This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2011, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


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 up to O.I.C. 2013-105 (March 28, 2013, effective April 1, 2013), N.S. Reg. 84/2013


Table of Contents



[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

[Fees payable to the Registrar of Condominiums]

Fees payable at a land registration office

Fees payable to the Registrar of Joint Stock Companies


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 subsection 82C(1) to hear an appeal of a decision of a condominium dispute officer under Section 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 under Section 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 the Act, 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 and location of units;

 

                (da)  “lawyer” means a lawyer as defined in the Legal Profession Act who holds an annual 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 the projection thereof and showing the relationship of the structures to the boundaries of the lot or lots comprising the property;

 

                (f)    “lot” means any area of land delineated by a survey or described in a conveyance and includes a lot approved in accordance with the Municipal Government 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 used to mark or witness a boundary of surveyed lands;

 

                (h)    “open traverse” means an unclosed traverse in the form of a branch emanating from 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 regulations upon 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 of the 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:


Form No.

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 by reference 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 Section 46

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 under Section 67

15A

certificate of declarant about corporation by-laws under Section 67

16

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

17

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

18

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

19

Registrar’s notice requiring documentation from corporation under subsection 45A(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 an amendment 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 with proposed 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 a condominium 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 under subsection 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 on title 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 who prepared 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 the applicant to be the owner of the freehold estate in the property, subject to the encumbrances, easements, and encroachments, if any, set forth in the certificate, and that after consultation with the declarant, he is not aware of the existence of any other claim adverse or inconsistent with the applicant’s to any part of the land or to any interest therein, or that he is aware of such adverse claim, in which case he shall set forth every such adverse claim and the particulars 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 accordance with 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 various lots comprising the property;

 

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

 

                (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 the property; 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 surveyor substantially in Form 2 stating that the metes and bounds description of the property accompanying the report on title was prepared by such surveyor, and that it accurately reflects the results of the survey and that the plan of survey has been prepared 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 the documentation 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 a certificate from a lawyer certifying that the lawyer believes all encumbrances affecting the units 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 the survey 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 and vertical planes;

 

Class C - properties each of which is divided into units by planes that are neither horizontal 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 deems most 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 evidence related 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 land shown on a plan shall be ascertained and complied with before the plan is presented for approval.

 

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

 

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

 

12   (1)    If a plan satisfies the requirements of the Act and the regulations, the Registrar must endorse 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 any survey 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 paper print of the plan together with a copy of any adjacent or underlying plan and such title records 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 with the 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 other alteration 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 at intervals not greater than 1,000 feet on the exterior boundaries of the property shall be defined in the survey by a suitable monument.

 

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

 

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

 

       (4)    Monumentation may be varied where, in the opinion of the Registrar, the requirements 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 be determined by closed traverse or triangulation.

 

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

 

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 or that governs the position of that boundary shall be determined by

 

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

 

                (b)    controlled photogrammetric methods.

 

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

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 the declaration and a brief note describing the monuments shall be endorsed on the plan of each level and, when the scale of the plan of any level is not sufficient to illustrate this clearly, a separate plan of compilation shall be drawn showing the specification and relationship between the boundaries of the units and the monumentation.

 

       (2)    The original positions of the monuments referred to in subsection (1) shall be adopted 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 be made 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 and clear 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 the plan 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 following notation:

 

“Declaration registered at the applicable land registration office as Document number _______”; 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 total number of sheets.

 

       (3)    The only handwriting to appear on the plan shall be the signatures of those persons required to sign the plan, and under each signature shall be legibly printed the name of 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, or in feet and inches, or in metres and decimals thereof.

 

24   Directions shall be shown on the plan in quadrantal bearings referred to the cardinal points and 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 of such 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 note shall 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, sufficient information to enable the identification of

 

                (a)    the limits of pre-existing lots or limits defined by descriptions of land registered under the Registry Act, included within the land surveyed and the land 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 a consistent 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 plan and verified with actual measurements.

 

29   (1)    A plan shall show the position and form of all survey monuments and other evidence found, 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 course of a survey on the ground shall be reduced to true measurements and shall be shown on the plan.

 

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

 

                (a)    the abbreviation “Meas.”;

 

                (b)    the corresponding measurement on the registered plan or in the deed or conveyance; 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 part of any surveyed limit, except that, in the case of a tier of units that is shown by dimensions to be a series of parallelograms, the direction of each of the side lines 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 each curved line forming any surveyed limit or part of any surveyed limit;

 

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

 

                (d)    the straight line distances and bearings between the points of street intersections on the same side of the street and, where all or part of an intersection is on a curve, the radius, arc length, and tangent or chord length and 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, the junction of curve shall be shown as “not tangential”.

 

       (3)    Where space does not permit the showing of the curve information in the normal position 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 or abutting the surveyed land.

 

       (2)    Topographical information that does not relate to the definition of limits of lots, units or 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 on the ground, complete particulars shall be shown on a plan, including

 

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

 

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

 

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

 

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

 

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

 

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 the surveyor or survey organization or firm, the year in which the survey was completed and the date the plan was signed.

 

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

 

38   (1)    At the time of submission for registration of a plan, there shall be delivered to the Registrar 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 is the duplicate, and shall be reproduced on such material and by such process as the Registrar approves.

 

       (3)    The lands shown on one of the duplicate plans shall be coloured a light shade of pink to 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 to plans of levels other than Level 1.

 

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

 

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

 

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

 

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

 

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

 

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

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 the Registrar 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 or engineer 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 a duplicate, and shall be reproduced on such material and by such process as the Registrar 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 less than 1/16” = 1 foot, showing exterior wall finishes, patterns of windows and doors, down to normal architectural trim;

 

                (c)    cross-sections through the principal structure of the building showing the general make-up of roof, floors, walls and basement construction and showing any 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 the generalized layout and make-up of such services;

 

                (e)    any other details determined by the Registrar to be pertinent to the project and beneficial to the future of condominium owners for their use and enjoyment of the 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 recorded or registered by a registrar of deeds under the Registry Act or the Land Registration Act unless 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 is endorsed in accordance with Section 42, a registrar of deeds must register or record the document 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 the vendor to the Corporation as grantee and if the conveyance includes or is accompanied by a dedication by the Board in Form 8 the conveyance and dedication shall be registered in accordance with the Registry Act or the Land Registration Act, as applicable, and the land becomes, 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 respect of 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 Condominium Corporation created pursuant to the Act and shall deposit therein all documents filed with him relating to such corporation.

 

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

 

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

 

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

 

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

 

52   Every corporation shall file with the Registrar of Joint Stock Companies and with the Registrar of Condominiums a statement under the seal of the corporation showing the names, addresses and positions on the Board of its directors and officers, so soon as they are elected, and shall thereafter file such amended statements as may from time to time be necessary 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 Stock Companies 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 addition to complying with the requirements of Section 11 of the Act,

 

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

 

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

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 of phased-development property, proof of valid occupancy permits for all residential 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 accordance with 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 a declaration by subsection 11(2A) of the Act must include specifications of the components in a basic, non-upgraded unit, in enough detail to determine the responsibility for insuring and repairing the components, which components may include, 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 the requirements of subsection (1), except clause (1)(ba), and shall include all of the following:

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 units including 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 and that are to be maintained by the corporation;

 

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

 

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

 

                (g)    if applicable, a statement that the unit owner is responsible for installing their own 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 that the services and amenities specified in the declaration that are to be installed by the developer 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 for registration 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 Act for each of the amalgamating corporations;

 

                (b)    a certificate in Form 18 executed by each amalgamating corporation confirming that the required percentage of the owners of its units consent to amalgamate the corporations;

 

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

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 each amalgamating 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 status certificate 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 accordance with 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 in accordance 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 tendered for acceptance for registration, the Registrar shall not accept the amendment to the declaration 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 by the 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 as to the execution by every such owner and person as is required by the Registry Act; and

 

                (d)    the conveyance is accompanied by a certificate signed by the authorized officers of and under the seal of the Corporation stating that the sale is authorized by a vote of the owners who at the time of the vote owned 80% of the 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 not received within the ten day period prescribed by subsection (3) of Section 36 of the Act.

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 in Form 11.

 

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

 

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

 

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

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 the necessary spousal consents and releases required under the Matrimonial Property 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 of the property by the Act, the order is inoperative in that respect until it is accepted for registration.

 

       (2)    Where an order of termination is tendered for acceptance for registration, the Registrar shall not accept the order for registration unless the conditions, if any, as to its 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 mentioned in Schedule “A” to these regulations a list of Condominium Corporations, such list to be in such 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 any amendment to a declaration or description, for registration unless the applicant provides the Registrar with a statutory declaration from the development officer for the municipality where the proposed development is located, confirming all of the following:

 

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

 

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

 

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

 

                (d)    that the municipality has no objection to the registration taking place if the municipality’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, the Municipal 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 the description 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 any convenient form permitted by the Conveyancing Act but shall make specific reference to the unit number and level number “in the condominium administered by the ___________ Condominium Corporation No. ______, the declaration and description of which are registered 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 in Form 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 Form 15 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 condominium corporation’s members by subsection 24(1B) of the Act must be in Form 28 and must be served

 

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

 

                (b)    by leaving a copy of the notice at the member’s unit within 5 days of the date that 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 5 days 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 the Registrar 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 for commercial use;

 

                (b)    residential property - property which contains a building or buildings which is/are intended to be divided into units to be used for residential premises or property 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 buildings that 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 which dwellings 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 of property 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 may create additional units and common elements in a corporation by amending the registered 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 the corporation members unless that approval has been given not more than 90 days before the date 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 a consolidation of 2 or more units, along with the prescribed fee:

 

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

 

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

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 the following:

 

                (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 the auditor 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 study pursuant 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 been added to the price.

 

       (2)    An occupancy fee charged to a purchaser under subsection 44(5) of the Act to occupy 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 a percentage of the net purchase price and in dollars and cents in the purchase and sale agreement for the unit; and;

 

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

 

       (3)    Occupancy fees for a proposed unit may be charged after the 6 months referred to in clause (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 yet taken place and the occupancy fee charged is not more than 50% of the amount disclosed 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 months referred to in clause (a), if registration of the condominium corporation has not yet taken place and the occupancy fee charged is not more than 25% of the amount disclosed as the occupancy fee in the purchase and sale agreement for the 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 sale entered into by a declarant as vendor of a unit or a proposed unit shall include all of the 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 shall deliver to the purchaser a copy of the proposed or approved survey or design plans 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 of any 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 in relation to the other units, and the location of the unit in reference to any buildings 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 of the owner;

 

                (b)    that, upon execution of the agreement of purchase and sale, the vendor shall deliver to the purchaser the proposed or approved declaration, by-laws and common 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), the purchaser shall have ten days to review the documents and, if within that time the purchaser cancels the agreement by giving written notice to the vendor, the agreement shall be null and void and the deposit shall be returned to the purchaser, without interest and without liability by the vendor for any expenses incurred 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 for holdbacks if the common elements are not completed at the time of closing on a 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 be completed 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 when they 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 the property or are not owned by the condominium corporation, and any agreements 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 purchase and sale for the purchase of a phased-development property unit or proposed unit from 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 creation of the unit or the proposed unit;

 

                (c)    a statement that sets out the estimated registration dates of the amendments to the declaration and description required for creating each phase that the declarant 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 after the 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 common expenses, expressed in percentages, attributable to the units after the creation of the phase, and

 

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

 

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

 

       (3)    In addition to the requirements in subsections (1) and (2), each agreement of purchase and sale of a unit from a declarant in a building that has been converted into 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 any updated certification under Section 78B and proof that any required payments have 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 same phase 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 condominium corporation;

 

                (d)    each piece of land in a phase subsequent to phase one must be contiguous to the 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 condominium corporation, unless

 

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

                                  (B)   it is secured by appropriate easements and contractual arrangements, and

 

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

 

       (2)    The contractual arrangements for services referred to in paragraph (1)(e)(i)(B) must contain provisions permitting termination of the contract if pricing exceeds benchmark 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 a phased-development property shall include the following:

 

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

 

                (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 structures included in each phase;

 

                (d)    a statement expressed in percentages of the proportions of the common interests and common expenses attributable to each of the units after the creation 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 creation of the phase;

 

                (f)    a statement that the declarant is not required to create a phase after the creation of 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 to the declaration and description required for creating each phase that the declarant 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 of any 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 of the 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 and description and, if the Registrar determines that the amendment is significantly different from the documents filed with the initial declaration, proof of the approval of 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 is significantly different from the documents filed with the initial declaration, the declarant 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 filed to 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 all other requirements for registration are satisfied, the declarant may substitute one phase 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) have been fulfilled, the amendment to the declaration may be filed with the Registrar before 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 with subsection 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 declaration required to create a phase shall include

 

                (a)    the consent of every person having a registered mortgage against, or interest appurtenant to, the land included in the phase, as the land and the interests are described 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 a phase;

 

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

 

       (5)    A declaration and description required to create a phase in a proposed development or an amendment to a declaration and description to create a subsequent phase in an existing condominium corporation shall not be registered unless all of the following are 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 the description 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 extent necessary to ensure the independent operation of the corporation if no subsequent 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 that is required under clause 12AA(1)(a) of the Act has been registered and proof of 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 subsequent phase in an existing condominium corporation shall not be registered unless all of the 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 the corporation,

 

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

 

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

 

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

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 documents relating 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 with any subsequent phases, the declarant must provide notice in the prescribed form to all 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 physical analysis portion of a reserve-fund study as described in subsection 79(2), and shall include an item

 

                         (i)     that is the responsibility of the corporation,

 

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

 

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

 

                (b)    “master reserve-fund spread sheet” means a spread sheet with calculations of the annual funding requirements for each component based on its remaining useful 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 of interest earned on investments and inflation of expenses and validate that a shortfall option will not jeopardize the funding plan;

 

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

 

                (e)    “remaining useful life” means the estimated time, in years, that a component can 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 study for all the registered units of a phased-development condominium upon the registration of the 10th unit and for all units in subsequent registered phases, upon the 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 various persons.

 

       (4)    The only persons qualified to prepare reserve-fund studies are professional engineers licensed to practice in Nova Scotia, with experience in costing, cost flow forecasting and building construction and restoration, and familiarity with condominium legislation.

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 the corporation 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, in accordance 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-year intervals or at any time that there is significant change to the assets of the corporation;

 

                (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, a separate document attached to the cover that discloses any components that are anticipated to require repair or replacement within the first 10 years of the condominium corporation’s operation together with the anticipated cost of the repair or replacement for each component, in accordance with information contained 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 10 units 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 the following:

 

                         (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 expenditures anticipated for the components of the common elements; and

 

                (c)    a certification by the person preparing the study that they have conducted an analysis in accordance with clause (a) and that the information provided in the study 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 who prepared the reserve-fund study that

 

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

 

                (b)    provides a monetary value for completion of any deficiencies outlined under clause (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 updated certification under subsection (1) into the reserve fund before the registration of the declaration.

 

       (3)    Payments paid into a reserve fund under subsection (2) must be held in trust until the management 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 consist of

 

                (a)    a statement of assumptions regarding inflation, interest and maintenance that were 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 the amount of the annual contribution required to be paid into the reserve-fund to adequately offset expenditures for the major repair or replacement of the components; 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 adequate to offset the expenditures for the major repair or replacement of the components if the corporation makes contributions as recommended in the study.

 

       (2)    The physical analysis referred to in clause (1)(b) shall be based on a component assessment 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 the reserve-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 its components.

 

       (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, including consideration 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 and analysis of the corporation’s reserve-fund income and expenses, and shall include the following 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 the compounding of the interest earned on the fund into the fund and demonstrating the utilization of the interest as a portion of the contributions 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 prepared after a site visit and shall include current information with respect to any changes in the following, but are required to include only the master reserve-fund spreadsheet and the funding 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 by the person preparing the reserve-fund study at the time the study or update is completed and 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 during the current and subsequent fiscal years of the study period;

 

                (c)    a statement summarizing the repair, maintenance and replacement recommendations 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 the reserve-fund study in accordance with clause 78A(c) and that the information provided 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 Act shall be prepared by the Registrar and the Registrar shall determine the maximum number 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 of the Registrar;

 

                (c)    agree in writing to

 

                         (i)     charge a maximum fee of $1000 per day or $500 per half day for the hearing 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 persons qualified 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 the Residential Tenancies Act; and

 

                (b)    the Registrar of Condominiums.

 

       (2)    A unit owner or a condominium corporation may make application for a hearing before a condominium dispute officer by submitting a completed application in Form 26 together with the prescribed application fee.

 

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

 

       (4)    If the deadlines in subsection (3) are not met and the condominium dispute officer has 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 supporting documentation to the condominium dispute officer and to the applicant within 10 days of being served with the application, unless the condominium dispute officer allows for further time for response in accordance with subsection (6).

 

       (6)    A condominium dispute officer may permit further time for attempting service or for providing a response to an application if the condominium dispute officer is satisfied that 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 or orally, including by telephone.

 

       (2)    A condominium dispute officer must consider the evidence and submissions of the parties 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 under subsection (2):

 

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

 

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

 

                (c)    direct a condominium corporation to pay a unit owner an amount not exceeding $500 for its non-compliance with any duty imposed on it by Section 18 of the Act, subsection 24(3) of the Act, Section 24A of the Act or subsection 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 not exceeding $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 applicant and the respondent, as the condominium dispute officer considers fair and just in the circumstances.

 

       (4)    An order of a condominium dispute officer may not be registered with the Court for the purposes of enforcement under subsection 33(2) of the Act if an appeal has been filed 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 appeals officers 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 for writing 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 an error 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 the Registrar together with the prescribed fee no later than 20 days after the date the original order is issued.

 

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

 

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

 

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

 

       (6)    If the deadlines in subsection (5) are not met and the condominium appeals officer has 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 supporting documentation to the condominium appeals officer and to the applicant within 10 days of being served with the notice of appeal, unless the condominium appeals officer allows for further time for response in accordance with subsection (8).

 

       (8)    A condominium appeals officer may permit further time for attempting service or for providing a response to an appeal if the condominium appeals officer is satisfied that there 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 and provide a written order and reasons no later than 30 days after the date the appeal hearing concludes.

 

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

 

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

 

                (b)    vary the decision of the condominium dispute officer, based on an error of law or jurisdiction, and make any order that the condominium dispute officer could have made;

 

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

 

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

 

       (4)    An order of a condominium appeals officer, which confirms or varies the order of a condominium dispute officer, may be registered immediately upon issue under subsection 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 notice of appeal under Section 82D must be served on the respondents in the matter by personal 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 authorize substituted service if they are satisfied that reasonable efforts have been made to serve a respondent in accordance with subsection (1) and the efforts have been unsuccessful.

 

       (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 the president 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 be in Form 25.

 

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

 

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

 

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

 

       (3)    Service of a notice in accordance with subsection (2) is deemed to occur when the notice 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 a breach is 15 days after both the owner and tenant have been served calculated from the 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 the Act is deemed to be the landlord, and the owner and tenant are both deemed to be the 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 any subsequent offences

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 out in subsection (1) where the corporation submits proof to the satisfaction of the Registrar of

 

                (a)    the incapacity of

 

                         (i)     the person preparing the reserve-fund study or the annual financial statement, 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 study or annual financial statement such as fire, flood or other disaster; or

 

                (c)    other unanticipated impediments to the completion of the reserve-fund study or annual 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 the 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-land units, $2.45 per $1000.00 of advertised sale price per unit in the initial offer for sale,

 

                         (ii)    where the units have been constructed for recreational use, $4.80 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, $7.25 per $1000.00 per unit of advertised sale price in the initial offering of the units 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-land units, $0.60 per $1000.00 of advertised sale price per unit in the initial offer for sale or assessed market value, whichever is greater;

 

                         (ii)    where the units have been constructed for recreational use, $1.20 per $1000.00 of advertised sale price per unit in the initial offer or assessed market value, whichever is greater;

 

                         (iii)   where the units have been constructed for commercial use, $2.45 per $1000.00 of advertised sale price per unit in the initial offer for sale or assessed market value, whichever is greater;

 

                (c)    for examination of a declaration: $120.95;

 

                (d)    for acceptance of a declaration and a description: $241.95;

 

                (e)    for examination of the by-laws: $90.70;

 

                (f)    for acceptance for registration of the by-laws at the time of registration of the corporation: $120.95;

 

                (g)    subject to clause (i), for acceptance for registration of amendments to the by-laws: $60.50;

 

                (h)    subject to clause (i), for acceptance for registration of amendments to the declaration, including examination of ballots: $241.95;

 

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

 

                (j)     for acceptance for registration of the diagram of a consolidated unit and the form required by subsection 14(5) of the Act: $120.95;

 

                (k)    for certifying a copy of a document: $12.10;

 

                (l)     for the arbitration process:

 

                         (i)     for the training course for arbitrators: $302.40,

 

                         (ii)    for an application for arbitration: $120.95;

 

                (m)   for the amalgamation of corporations, an additional fee of $120.95 to examine the ballots;

 

                (n)    for acceptance for deregistration of a condominium corporation: $241.95;

 

                (o)    for filing an application for a hearing before a condominium dispute officer: $120.95;

 

                (p)    for filing a notice of appeal with the Registrar to have a condominium appeals officer hear an appeal: $60.50.

 

       (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: $129.45 plus $12.95 per unit;

 

                (b)    for registration of any other document: $42.35;

 

                (c)    for certifying a copy of any document filed: $30.25.


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 an amalgamation of two or more corporations: $60.50;

 

                (b)    for certifying a document of 10 or fewer pages: $12.10;

 

                (c)    for certifying a document of more than 10 pages: $24.20.

Schedule “B” replaced: O.I.C. 2013-105, N.S. Reg. 84/2013.




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 ______________ (“the lands”), which was issued by the land registration office at ___________________________ on today’s date, and I am of opinion that (name of declarant) is the holder of the registered interest in 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 claim to any interest in the lands.

 

OR

 

After consultation with (name of declarant), I am aware of the following claims to an interest in the 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 as PID _____________ 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 me in 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 the initial 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 been surveyed by me

 

              this plan and survey are correct and have been made in accordance with the Condominium 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 designated on 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 common elements 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 that the following parts of the condominium have been expropriated in accordance with the attached expropriation 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 Corporation on _____________, 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 the common elements of the Condominium administered by the Corporation.


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


Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 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 its recognized agent resident within Nova Scotia.


Service of any writ, summons, process, notice or other document on this recognized agent is deemed 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 the Registrar 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 officer of 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 Section 36 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 the Corporation, the declaration and description of which are registered in the land registration office 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 that substantial damage to 25% (or the greater percentage specified in the declaration) of the 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 Land Registration Act

OR

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



Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 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 the property by the Act.


This notice is given in respect of the property included in the Condominium administered by the Corporation, the declaration and description of which are registered in the land registration office 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 time owned 100% of the common elements of the Corporation authorized the termination of the government by the Condominium Act of the property included in the Condominium administered by the Corporation.


Confirmation of consent

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

 

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

 

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


A supplementary report on title is attached, as required by subsection 41(2) of the Condominium 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 Land Registration Act

OR

       [ ]    none of the units in the condominium corporation are currently registered under the Land 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 no spouse is required to consent

OR

                                                                  matrimonial status affidavit attached indicating name 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 no spouse is required to consent

OR

                                                                  matrimonial status affidavit attached indicating name 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 judgment that ____________________ (name of owner(s)) is/are responsible for under the Condominium Act 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 notice under subsection 31(7B) of the Condominium Act, that the Corporation has a lien against Unit no. ____ Level no. ____ of the Condominium administered by it and the common interests appurtenant to the unit, owned by _____________ _______________________ (full names of owners, as appear on the conveyance to them).


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


Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 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 land registration office at ____________ as Document number __________.


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



Signed, sealed and delivered

)

 

in the presence of

)

 

 

)

_______________ County Condominium Corporation No._____

 

)

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 meeting held on _____________, 20___ for that purpose

 

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

 

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


Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 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 Condominium Corporation No. ________, requests that the attached by-laws be accepted for registration as the by-laws of the Corporation.


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


Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 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 the Corporation 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 the consolidation

 

3)    the agreement for consolidation of the units was completed in accordance with the Condominium 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 Corporation on _____________, 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 and after _________________ (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 Condominium Corporation No. ________ voted in favour of approving the declaration and description of the amalgamated corporation.


Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 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 ______________ County Condominium Corporation No. ________ to provide the document(s) checked off below within 10 days of the date of this notice:

 

       [  ]    an annual financial statements for the period ending __________________, in accordance 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 a penalty payable by the Corporation in an amount of $1000.00 to $10 000.00, in accordance with the 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 ______________ County Condominium Corporation No. ________ have been constructed substantially in accordance with 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 ______________ County Condominium Corporation No. ________ have been constructed substantially in accordance with 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 the Corporation at a meeting held on _____________ (date), for that purpose

 

2)    members of the Corporation who own at least 80% of the common elements voted in favour 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 proceeding between the following with respect to an issue pertaining to ____________ County Condominium 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 Condominium Corporation 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 proposed phases ___________________ (particulars) of ___________________ County Condominium Corporation 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 Condominium Corporation 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 the Condominium 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 do not 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 13 of 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/affirm that I served ______________________ (name of person served) on ________________ (date) with a true copy of the attached notice by _________________ (details of service – may be served on tenant by personal service or by leaving at unit; may be served on owner by personal service 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 supporting documents to respondent: (10 days after date of application)

 

Deadline for returning affidavit of service to condominium 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 Service Nova Scotia and Municipal Relations)







To the respondent:


Take notice that the applicant has applied to have a condominium dispute officer hear a dispute between you and the applicant. The details about the dispute are set out in this application and in the attached information. If you want to respond to the application, you must send the condominium dispute officer a written response and deliver it to the hearing location no later than 10 days after the date you received this application, and give a copy of your response to the applicant. If you do not respond, an order can be made without your input.

 

Information on the powers of the condominium dispute officer are set out in this application. For further information on the process, please contact Service Nova Scotia and Municipal Relations 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 a unit owner.


A condominium dispute officer may decide the dispute based on the written submissions of the parties without holding an oral hearing.


A condominium dispute officer has the power to make an order, and may do any of the following in the 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 enforcing condominium 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 Nova Scotia and enforced as an order of the court.


(See Section 33 of the Condominium Act and Sections 82A and 82B of the Condominium Regulations)




Affidavit of Service:


I, ______________ (name), of ____________________ (civic address), make oath/affirm that I served _______________________ (name of person served) on _________________ (date) with a true copy of the attached application and the supporting documentation by _____________________ (details of personal 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 supporting documents to respondent: (10 days after date appeal filed)

 

Deadline for returning affidavit of service to condominium appeals officer:

10 days after notice of appeal delivered 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 Service Nova Scotia and Municipal Relations)







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 you want to respond to the appeal, you must send the condominium appeals officer a written response and deliver it to the hearing location no later than 10 days after the date you receive this notice, and give a copy 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 further information on the process, please contact Service Nova Scotia and Municipal Relations at:


(contact information for Department)





Reasons for the appeal:


The appellant says that the decision of the condominium dispute officer must be varied or rescinded because 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 and attachments, 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 on disputes between a condominium corporation and a unit owner.


A condominium appeals officer may decide an appeal based on the written submissions of the parties without holding an oral hearing. A condominium appeals officer cannot hear the entire dispute again and 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 in the order:

 

              confirm the condominium dispute officer’s decision, if no error of law or jurisdiction is found

              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 fees are $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 Scotia and enforced as an order of the court.


(See Section 33 of the Condominium Act and Sections 82D and 82E of the Condominium Regulations)

___________________________________________________________________________________

Affidavit of Service:

I, ______________ (name), of ______________________ (civic address), make oath/affirm that I served_________________________ (name of person served) on ___________________ (date) with a true 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 Nova Scotia

)

 



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 Condominium Corporation 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 of objection to the Board by delivering it to the Board’s representative at the address set out on this form.


Under the provisions of the Condominium Act, the rule change takes effect immediately if the Board does not receive any notice of objection by the deadline stated above, and remains in effect until it is ratified by a majority of members present at the next general meeting of the condominium corporation members.


If you have any questions about the proposed rule change, contact the following, who is the Board’s representative in this matter:


(signature)

(name)

(position)

(contact information)





Notice of objection


I, _______________________, owner of Unit___________ give notice that I object to the proposed rule change.


____________________________

(signature of owner)


Schedule “C” added: O.I.C. 2011-252, 230/2011.


Forms 1, 2, 4-23 repealed: O.I.C. 2011-252, N.S. Reg. 230/2011.