Condominium Conversion (Process): Difference between revisions
(Created page with "Category:Personal Use Application (LTB) {{Citation: | categories = [Personal Use Application (LTB)] | shortlink = }} ==Condominium Act, 1998, S.O. 1998, c. 19<ref name="CA"/>== <ref name="CA">Condominium Act, 1998, S.O. 1998, c. 19, <https://www.ontario.ca/laws/statute/98c19#BK65>, retrieved 2025-07-03</ref> ==References==") |
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==Condominium Act, 1998, S.O. 1998, c. 19<ref name="CA"/>== | ==Condominium Act, 1998, S.O. 1998, c. 19<ref name="CA"/>== | ||
2 (1) Subject to the regulations and subsections (2) and (2.1), a declaration and description may be registered by or on behalf of the person who owns the freehold or leasehold estate in the land described in the description. 1998, c. 19, s. 2 (1); 2015, c. 28, Sched. 1, s. 7 (1). | |||
:... | |||
:(3) Upon registration of a declaration and description, | |||
::(a) this Act governs the land and the interests appurtenant to the land, as the land and the interests are described in the description; | |||
::(b) the land described in the description is divided into units and common elements in accordance with the description; and | |||
::(c) a condominium corporation is created. 1998, c. 19, s. 2 (3). | |||
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<ref name="CA">Condominium Act, 1998, S.O. 1998, c. 19, <https://www.ontario.ca/laws/statute/98c19#BK65>, retrieved 2025-07-03</ref> | <ref name="CA">Condominium Act, 1998, S.O. 1998, c. 19, <https://www.ontario.ca/laws/statute/98c19#BK65>, retrieved 2025-07-03</ref> | ||
==City of Mississauga v. Peel Standard Condominium Corporation #833, 2013 ONCJ 593 (CanLII)<ref name="CC #833"/>== | |||
[56] The Condominium Act, 1998, S.O. 1998, c. 19, governs the creation and duties of the condominium corporation, which when created is responsible for the condominium property, finances, official records, reserve fund study, and agreements. This statute also governs the rights and responsibilities of the condominium developer; owners of the individual units in the condominium; the condominium corporation and its boards of directors; proportionate common expense contributions; corporate and owner maintenance obligations; and conditions or restrictions on the use of the units and the common elements. | |||
[57] In addition, a condominium corporation, its common elements, and the individual units are created by a Declaration and Description document that is prepared by the builder-developer under s. 2(3)(c) of the Condominium Act, 1998, and which is registered by the builder-developer at the proper land registry office [emphasis is mine below]: | |||
<ref name="CC #833">City of Mississauga v. Peel Standard Condominium Corporation #833, 2013 ONCJ 593 (CanLII), <https://canlii.ca/t/g1wm2>, retrieved on 2025-07-03</ref> | |||
==References== | ==References== | ||
Latest revision as of 22:09, 3 July 2025
| 🥷 Caselaw.Ninja, Riverview Group Publishing 2025 © | |
|---|---|
| Date Retrieved: | 2025-07-05 |
| CLNP Page ID: | 2513 |
| Page Categories: | [Personal Use Application (LTB)] |
| Citation: | Condominium Conversion (Process), CLNP 2513, <https://rvt.link/fy>, retrieved on 2025-07-05 |
| Editor: | Sharvey |
| Last Updated: | 2025/07/03 |
Condominium Act, 1998, S.O. 1998, c. 19[1]
2 (1) Subject to the regulations and subsections (2) and (2.1), a declaration and description may be registered by or on behalf of the person who owns the freehold or leasehold estate in the land described in the description. 1998, c. 19, s. 2 (1); 2015, c. 28, Sched. 1, s. 7 (1).
- ...
- (3) Upon registration of a declaration and description,
- (a) this Act governs the land and the interests appurtenant to the land, as the land and the interests are described in the description;
- (b) the land described in the description is divided into units and common elements in accordance with the description; and
- (c) a condominium corporation is created. 1998, c. 19, s. 2 (3).
City of Mississauga v. Peel Standard Condominium Corporation #833, 2013 ONCJ 593 (CanLII)[2]
[56] The Condominium Act, 1998, S.O. 1998, c. 19, governs the creation and duties of the condominium corporation, which when created is responsible for the condominium property, finances, official records, reserve fund study, and agreements. This statute also governs the rights and responsibilities of the condominium developer; owners of the individual units in the condominium; the condominium corporation and its boards of directors; proportionate common expense contributions; corporate and owner maintenance obligations; and conditions or restrictions on the use of the units and the common elements.
[57] In addition, a condominium corporation, its common elements, and the individual units are created by a Declaration and Description document that is prepared by the builder-developer under s. 2(3)(c) of the Condominium Act, 1998, and which is registered by the builder-developer at the proper land registry office [emphasis is mine below]:
References
- ↑ 1.0 1.1 Condominium Act, 1998, S.O. 1998, c. 19, <https://www.ontario.ca/laws/statute/98c19#BK65>, retrieved 2025-07-03
- ↑ 2.0 2.1 City of Mississauga v. Peel Standard Condominium Corporation #833, 2013 ONCJ 593 (CanLII), <https://canlii.ca/t/g1wm2>, retrieved on 2025-07-03
