CPA · Condominium Property Regulation
Part 1 — .1
20.05 Material change
change" means a change or series of changes to a fact or proposal
Section 20.05 AR 168/2000
as stated in the information or a document provided under section
12 of the Act that, on a reasonable basis, would have an adverse
effect on the value or use of the unit or proposed unit, the common
property or the real property of the corporation.
(2) If a material change arises, a purchaser may file an originating
application with the Court
(a) within 60 days of receivi ng notice from the developer
under section 13.1(1) of the Act, or
(b) if no notice is provided under section 13.1(1) of the Act,
within 60 days from the date the purchaser became aware
or reasonably ought to have become aware of the material
change.
(3) In any event, an originating application must be filed within 12
months after the certificate of title to the unit is registered in the
name of the purchaser.
(4) The Court may, without limitation, order any relief that it
considers appropriate in respect of the originating application,
including
(a) damages,
(b) rescission of the purchase agreement, if the certificate of
title has not yet been issued in the name of the purchaser,
or
(c) any other direction or order that the Court considers
appropriate in the circumstances.
(5) The following do not constitute a material change for the
purposes of section 13.1 of the Act:
(a) a difference, as determ ined from the corporation's
financial statements, between the projected expenses in
the proposed budget and the actual expenses for the
12-month period beginning with the first month in which
contributions are first levied at regular intervals;
(b) a difference between t he amount of the estimated
contributions and the actual contributions;
(c) a change in a final occupancy date under Part 1.2,
provided the developer has complied with that Part.
AR 181/2017 s5
Section 20.06 AR 168/2000