CPA · Condominium Property Regulation
Part 8 — .01
73.01 Transfer, Lease or Sale of Common Property, Easement of Covenant or Condominium Parcel Transfer, lease or sale of common property
the parcel" means persons who have an interest registered against
Section 73.01 AR 168/2000
the condominium plan or certificate of title to a unit in the
condominium plan, but does not include persons who own units.
(2) Before a corporation proceeds with a transfer or lease of
common property under section 49 of the Act, the corporation shall
obtain the consent in writing of at least 75% of the persons having
a registered interest in the parcel to
(a) the release of those intere sts in respect of the land
comprised in the proposed transfer or lease, or
(b) the execution of the proposed transfer or lease.
(3) Before a corporation grants an easement or covenant burdening
a parcel under section 52 of the Act, the corporation shall obtain
the consent in writing of at least 75% of the persons having a
registered interest in the parcel to the release of those interests in
respect of the land comprised in the proposed easement or
covenant.
(4) Before a corporation proceeds with a transfer of a parcel or part
of a parcel under section 62 of the Act, the corporation shall
(a) hold a meeting of the owners and persons having a
registered interest in the parcel, and
(b) obtain the consent in wr iting of at least 75% of the
persons having a registered interest in the parcel to the
release of the interest in respect of the land comprised in
the proposed disposition.
(5) A corporation shall provide the following information to
persons attending a meeting under subsection (4)(a):
(a) the reason for the termination of the corporation;
(b) the status of the termination process;
(c) details of the proposed sale;
(d) a statement of the propor tion of the sale proceeds to be
allocated in respect of each unit;
(e) a list of the persons havin g a registered interest in the
parcel who will be asked to consent to the release of their
interests in respect of the parcel;
(f) any other factors the corporation considers relevant to the
owners and persons having a registered interest in the
parcel in respect of the sale.
Section 73.02 AR 168/2000
(6) Despite subsection (2), (3) or (4), a corporation may, on 60
days' written notice to each of the persons having a registered
interest in the parcel, apply to the Court for an order to proceed
with
(a) a transfer or lease of common property under section 49
of the Act,
(b) a grant of an easement or covenant burdening the parcel
under section 52 of the Act, or
(c) a transfer of a parcel or pa rt of a parcel under section 62
of the Act.
(7) The Court may, after hearing an application under subsection
(6), waive the requirement for at least 75% of persons having a
registered interest in the parcel to release their interests, and make
the order sought under subsection (6), subject to any terms and
conditions that the Court considers appropriate in the
circumstances.
(8) Where the Court makes an order under subsection (7), the
interests of the persons having a registered interest in the parcel are
terminated to the extent of the disposition permitted by the order of
the Court.
AR 154/2019 s27;23/2026