CPA · Condominium Property Regulation
Part 3 — Phased Development
35 Phased development disclosure statement
which a building or land is to be developed in phases under this
Part, the plan, at the time when it is registered with respect to the
initial phase, must be accompanied by a phased development
disclosure statement that is registered as part of the condominium
plan and that sets out at least the following:
(a) a statement that the building or land is to be developed i n
phases;
(b) the maximum number of units to be included in the entire
completed phased project;
(c) the minimum number of units to be included in the entire
completed phased project;
(d) a description of the units and common property included
in the initial phase;
(e) a description of the units and common property to be
included in each of the subsequent phases, including
(i) the number of units or the minimum and maximum
number of units that are to be included in each of
those phases;
(ii) the general size of each of the units that are to be
included in each of those phases;
(iii) the extent of the common property and a description
of the improvements to that common property that
are to be included in each of those phases;
(iv) any restrictions or qualifi cations on the types of units
and common property that are to be included in each
of those phases;
(v) a general description of the proposed usage of the
units and the common property that are to be
included in each of those phases;
(f) a description of the proposed physical appearance of each
phase and the architectural compatibility of the phases
with each other and the project as a whole;
Section 35 AR 168/2000
(g) if common property in a subsequent phase is to be
available for the use of the owners in the previous phases,
an explanation as to when those facilities will be
completed and available to those owners;
(h) the extent to which the developer will contribute to the
common expenses respecting the building and land during
the development and sale of each phase and on the
completion and sale of the entire phased project;
(i) the method used to determine the allocation or distributio n
of administrative expenses with respect to all of the units
in each separate phase and for all of the units in the entire
completed project;
(j) the basis for allocating unit factors in the phased
development, which must be consistent for each phase and
the entire phased project;
(k) the effect on the owners' contributions for administrative
expenses and the corporation's budget if one or more, as
the case may be, of the future phases are not proceeded
with;
(l) a certificate of the develop er in Form 9 certifying that the
phased development disclosure statement complies with
the Act and the regulations and all the requirements under
the Act and the regulations.
(2) Once a phased development disclosure statement is registered,
that phased development disclosure statement is not to be changed
by the developer without the consent of at least 2/3 of the persons,
not including the developer, who are entitled under the Act to vote.
(3) Where a building or land is being developed in phases, the
development must be in accordance with the phased development
disclosure statement.
(4) Notwithstanding subsection (2) or (3), to the extent that the
development of a building or land in phases, as provided for under
a registered phased development disclosure statement, does not
comply with the current development scheme, development control
by-law, zoning by-law, land use by-law or any other municipal
requirement applicable to that development, the developer may
(a) change the development to t he extent necessary so that the
development complies with the current scheme, by-law or
other municipal requirement, and
(b) change the phased develop ment disclosure statement to
reflect the change referred to in clause (a).
Section 36 AR 168/2000
(5) Where a phased development disclosure statement is to be
changed under subsection (2) or (4),
(a) the change does not become effective until the change is
registered, and
(b) the Registrar, on being pre sented with a certificate of the
developer in Form 10, is to amend the phased
development disclosure statement to reflect the change.
(1) A corporation shall establish a code of conduct for the
members of its board by resolution.
(2) Each member of the board who is elected after January 1, 2020
shall be provided with the code of conduct forthwith and
(a) acknowledge in writing that he or she is aware of the code
of conduct and agrees to comply with the code of conduct
while acting as a member of the board, and
(b) return the acknowledgment to the corporation.
(3) A member of the board referred to in subsection (2) is not
permitted to vote at meetings until that member complies with
subsection (2).
AR 154/2019 s34;23/2026
Printed on Recycled Paper
*9780779861163*