The Condominium Act, 1998

PART I

DEFINITIONS

(1) In this Act,

"annual general meeting" means a meeting of the owners of a corporation held in accordance with subsection 45 (2); ("assemblée générale annuelle")

"approval authority" means the approval authority for the purposes of sections 51, 51.1 and 51.2 of the Planning Act; ("autorité approbatrice")

"auditor" means a person licensed as a public accountant under the Public Accountancy Act who is appointed as an auditor of a corporation under section 60; ("vérificateur")

"board" means the board of directors of a corporation; ("conseil")

"building" means a building included in a property; ("bâtiment")

"by-law" means a by-law of a corporation; ("règlement administratif")

"claim" includes a right, title, interest, encumbrance or demand of any kind affecting land but does not include the interest of an owner in the owner's unit or common interest; ("réclamation")

"common elements" means all the property except the units; ("parties communes")

"common elements condominium corporation" means a common elements condominium corporation described in subsection 138 (2); ("association condominiale de parties communes")

"common expenses" means the expenses related to the performance of the objects and duties of a corporation and all expenses specified as common expenses in this Act or in a declaration; ("dépenses communes")

"common interest" means the interest in the common elements appurtenant to, (a) a unit, in the case of all corporations except a common elements condominium corporation, or (b) an owner's parcel of land to which the common interest is attached and which is described in the declaration, in the case of a common elements condominium corporation; ("intérêt commun")

"common surplus" means the excess of all receipts of the corporation over the expenses of the corporation; ("excédent commun")

"corporation" means a corporation created or continued under this Act; ("association")

"declarant" means a person who owns the freehold or leasehold estate in the land described in the description and who registers a declaration and description under this Act, and includes a successor or assignee of that person but does not include a purchaser in good faith of a unit who pays fair market value or a successor or assignee of the purchaser; ("déclarant")

"declaration" means a declaration registered under section 2 and all amendments to the declaration; ("déclaration")

"deed" includes a transfer under the Land Titles Act; ("acte scellé")

"description" means a description registered under section 2 and all amendments to the description; ("description")

"encumbrance" means a claim that secures the payment of money or the performance of any other obligation and includes a charge under the Land Titles Act, a mortgage and a lien; ("sûreté réelle")

"freehold condominium corporation" means a corporation in which all the units and their appurtenant common interests are held in fee simple by the owners; ("association condominiale de propriété franche")

"leasehold condominium corporation" means a corporation in which all the units and their appurtenant common interests are subject to leasehold interests held by the owners; ("association condominiale de propriété à bail")

"lessor", in relation to a leasehold condominium corporation, means the person who owns the freehold estate in the land described in the description; ("bailleur")

"Minister" means the minister responsible for the administration of this Act; ("ministre")

"mortgage" includes a charge under the Land Titles Act, in which case "mortgagor" and "mortgagee" mean the chargor and the chargee under the charge; ("hypothèque", "débiteur hypothécaire", "créancier hypothécaire")

"municipality" means a city, town, village, township or county and includes a metropolitan, regional or district municipality and the County of Oxford; ("municipalité")

"owner" means,

(a) in relation to a corporation other than a leasehold condominium corporation or a common elements condominium corporation, a person who owns a freehold interest in a unit and its appurtenant common interest and who is shown as the owner in the records of the land registry office in which the description of the corporation is registered, and includes a mortgagee in possession and a declarant with respect to any unit that the declarant has not transferred to another person,

(b) in relation to a leasehold condominium corporation, a person who owns a leasehold interest in a unit and its appurtenant common interest and who is shown as the owner in the records of the land registry office in which the description of the corporation is registered, and includes a mortgagee in possession and a declarant with respect to any unit in which the declarant has not transferred the leasehold interest to another person but does not include a tenant of the owner,

(c) in relation to a common elements condominium corporation, a person, including the declarant, who owns a common interest in the common elements and a freehold interest in the parcel of land to which the common interest is attached as described in the declaration and who is shown as the owner in the records of the land registry office in which the description of the corporation is registered; ("propriétaire")

"prescribed" means prescribed by the regulations made under this Act; ("prescrit")

"property" means the land, including the buildings on it, and interests appurtenant to the land, as the land and interests are described in the description and includes all land and interests appurtenant to land that are added to the common elements; ("propriété")

"proposed property" means the property described in the declaration and description that are required to be registered to designate a proposed unit as a unit under this Act; ("propriété projetée")

"proposed unit" means land described in an agreement of purchase and sale that provides for delivery to the purchaser of a deed in registerable form after a declaration and description have been registered in respect of the land; ("partie privative projetée")

"purchaser of a unit", in relation to a leasehold condominium corporation, means the purchaser of an owner's interest in a unit and the appurtenant common interest; ("acquéreur d'une partie privative")

"registered" means registered under the Land Titles Act or the Registry Act and "register" and "registration" have corresponding meanings; ("enregistré", "enregistrer", "enregistrement")

"reserve fund" means a reserve fund established under section 93; ("fonds de réserve")

"reserve fund study" means a reserve fund study described in section 94; ("étude du fonds de réserve")

"rule" means a rule of a corporation; ("règle")

"status certificate" means a status certificate described in section 76; ("certificat d'information")

"unit" means a part of the property designated as a unit by the description and includes the space enclosed by its boundaries and all of the land, structures and fixtures within this space in accordance with the declaration and description. ("partie privative")

"vacant land condominium corporation" means a vacant land condominium corporation described in subsection 155 (2); ("association condominiale de terrain nu")

Ownership of land

(2) For the purposes of this Act, the ownership of land or of a leasehold interest in land includes the ownership of space or of a leasehold interest in space respectively.

Proposed declarant

(3) A reference to a declarant in this Act shall be deemed to include, where applicable, a person who proposes or intends to register a declaration and description.