Terminating a Condominium Corporation On Consent

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Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-11-22
CLNP Page ID: 2203
Page Categories: [Condominium Law]
Citation: Terminating a Condominium Corporation On Consent, CLNP 2203, <https://rvt.link/5q>, retrieved on 2024-11-22
Editor: Sharvey
Last Updated: 2023/05/15

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Condominium Act, 1998, S.O. 1998, c. 19[1]

9 (1) Section 50 of the Planning Act does not apply in respect of,

(a) dealings with whole units and common interests; or
(b) easements transferred by or reserved to the corporation. 1998, c. 19, s. 9 (1).
(2) Subject to this section, the provisions of sections 51, 51.1 and 51.2 of the Planning Act that apply to a plan of subdivision apply with necessary modifications to a description or an amendment to a description. 1998, c. 19, s. 9 (2).

122 (1) A corporation shall register a notice terminating the government of the property by this Act if,

(a) the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of termination; and
(b) at least 80 per cent of those persons who, at the date of the vote, have registered claims against the property, that were created after the registration of the declaration and description that made this Act applicable to the property, consent in writing to the termination. 1998, c. 19, s. 122 (1); 2015, c. 28, Sched. 1, s. 105 (1).
(2) The notice of termination shall be in the form prescribed by the Minister, shall be signed by the authorized officers of the corporation and shall include a certificate stating that the persons described in clause (1) (b) have consented in writing to the termination. 1998, c. 19, s. 122 (2).

[1]

Planning Act, R.S.O. 1990, c. P.13[2]

[2]

Residential Tenancies Act, 2006, S.O. 2006, c. 17[3]

56 Where a rental unit becomes separately conveyable property due to a consent under section 53 of the Planning Act or a plan of subdivision under section 51 of that Act, a landlord may not give a notice under section 48 or 49 to a person who was a tenant of the rental unit at the time of the consent or approval. 2006, c. 17, s. 56.

[3]

References

  1. 1.0 1.1 Condominium Act, 1998, S.O. 1998, c. 19, <https://www.ontario.ca/laws/statute/98c19>, retrieved 2023-05-15
  2. 2.0 2.1 Planning Act, R.S.O. 1990, c. P.13, <https://www.ontario.ca/laws/statute/90p13>, retrieved 2023-05-15
  3. 3.0 3.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17>, retrieved 2023-05-15