CPA

Condominium Property Act

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  1. Condominium Property Act s. 10.3 Payment of contributions

    …"substantially completed" means when a unit is ready for use. (2) Notwithstanding anything to the contrary in a bylaw, a developer must pay contributions at the same rate as other owners for all substantially completed units that the developer owns under a condominium plan once a…

  2. Condominium Property Act s. 39 Contributions

    (1) A board may, by resolution, determine from time to time the following to be levied as contributions: (a) for the purposes of the operating account and the reserve fund, amounts levied on the owners at regular intervals RSA 2000 (i) in proportion to the unit factors of the own…

  3. Condominium Property Act s. 39.2 Payment and enforcement of contributions

    (1) A contribution is due and payable on the passing of a resolution by the board under section 39 in accordance with the terms of the resolution of the board. (2) A contribution referred to in subsection (1), and any interest charged under section 40, may be recovered by an acti…

  4. Condominium Property Act s. 1 Interpretation and Application Interpretation

    …condominium plan, as the case may be, relating to redivision referred to in section 20 that is registered in the land titles office; (g.1) "contribution" means an amount levied under section 39; (g.2) "conversion" means a condominium plan in which is illustrated an existing build…

  5. Condominium Property Act s. 12.2 Requirements of purchase agreement

    …per has fulfilled RSA 2000 the developer's obligations under the purchase agreement; (c) the amount or estimated amount of the monthly unit contributions based on the budget or proposed budget referred to in section 12(1)(l); (d) the unit factor of the unit and the basis of unit …

  6. Condominium Property Act s. 26 Voting Rights Voting rights

    …er an owner nor a mortgagee is entitled to exercise the power of voting conferred on the owner by this Act or the regulations where (a) any contribution payable in respect of the owner's unit, or (b) any other obligation owing to the corporation in respect of the owner's unit or …

  7. Condominium Property Act s. 28.1 Removal or vacating of office of a member of the board

    …mber (a) becomes a bankrupt as defined in the Bankruptcy and Insolvency Act (Canada), (b) is more than 60 days in arrears in payment of any contribution required to be made by the member as an owner, (c) is more than 60 days in default of a judgment by a court of any money owing …

  8. Condominium Property Act s. 36 Enforcement of sanctions

    …r the corporation may have against that person. (8) A caveat in respect of a monetary sanction or other debt to a corporation, other than a contribution under section 39, may be registered against the certificate of title of a unit only pursuant to a writ of enforcement. RSA 2000…

  9. Condominium Property Act s. 40 Interest on outstanding accounts

    (1) A corporation may charge interest on any unpaid balance of a contribution owing to it by an owner. (2) Notwithstanding subsection (1), the rate of interest charged under subsection (1) is not to be greater than the rate of interest provided for by regulation. RSA 1980 cC-22 s…

  10. Condominium Property Act s. 43.2 Estoppel certificate

    …iving the request, provide a certificate certifying all of the following in respect of all units owned by that owner: (a) the amount of any contribution payable by the owner; (b) the frequency at which contributions are payable; (c) the amount of contributions payable that is in …

  11. Condominium Property Act s. 53 Rental of Units Rental of units

    …poration may, in addition to any rights of recovery that it has in law, recover that amount in accordance with section 39.2 as if it were a contribution. RSA 2000 cC-22 s53;2009 c53 s40;2014 c10 s43

  12. Condominium Property Act s. 81 Regulations

    … for the purposes of section 38(4)(b); (f.92) respecting the borrowing of money by a corporation; (f.93) respecting other bases for levying contributions for the purpose of section 39(1)(a)(ii); (f.931) respecting the procedures for (i) levying contributions under section 39(1)(a…

  13. Condominium Property Regulation s. 20.02 Fees prior to levy of contributions

    Part 1 — .1

    …r may charge a purchaser occupancy fees for the time period after the purchaser takes occupancy of the unit but not after the first monthly contribution becomes payable by the purchaser under section 39 of the Act. (2) The amount of occupancy fees referred to in subsection (1) sh…

  14. Condominium Property Regulation s. 74.5 No unit factors for corporation-owned unit in condominium contribution calculation

    Part 9 — Miscellaneous

    A unit owned by the corporation is deemed to have been allocated zero unit factors for the purposes of calculating contributions under section 39 of the Act. AR 154/2019 s30

  15. Condominium Property Regulation s. 76 Rate of interest re contributions

    Part 9 — Miscellaneous

    The rate of interest that may be charged by a corporation under section 40 of the Act on any unpaid balance of a contribution owing to the corporation by an owner shall not be greater than 18% per annum. AR 168/2000 s76;108/2004

  16. Condominium Property Regulation s. 2 Registration of plans

    Part 1 — Registration of Condominium Plans and Other Condominium Documents

    …rty in accordance with section 62.3 of the Regulation, or (d) ensuring compliance with the bylaws. (2) An owner (a) shall forthwith pay all contributions, levies, rates, taxe s, charges and assessments that may be payable in respect of the owner's unit, (b) shall forthwith carry …

  17. Condominium Property Regulation s. 4 Diagrams

    Part 1 — Registration of Condominium Plans and Other Condominium Documents

    …to the investments so authorized. Documents and information consisting of (a) A statement produced on request setting out the amount of any contributions in respect of a unit and the amount that is payable 3 years after creation (b) A statement produced on request setting out the…

  18. Condominium Property Regulation s. 6 Unit factors

    Part 1 — Registration of Condominium Plans and Other Condominium Documents

    …ne owner, only one owner in respect of that unit may sit on the board at one time, and (b) an owner who has not paid to the corporation the contributions or levies due and owing in respect of the owner's unit is not eligible for election to the board. (3) An individual is not eli…

  19. Condominium Property Regulation s. 20.01 Duties of a Developer Additional information provided to purchaser

    Part 1 — .1

    …units in accordance with section 20 of the Act; (k) the amount of any occupancy fees the developer will charge under section 20.02 prior to contributions being levied at regular intervals by the corporation under section 39 of the Act; (l) a description of any other f ees the dev…

  20. Condominium Property Regulation s. 20.04 Consequences of underestimated expenses

    Part 1 — .1

    (1) If the actual total expenses incurred by the corporation in the 12-month period beginning with the first month in which contributions are first levied on owners at regular intervals are more than 15% above the projected total expenses of the corporation as set out in the prop…

  21. Condominium Property Regulation s. 20.05 Material change

    Part 1 — .1

    …tween 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 cont…

  22. Condominium Property Regulation s. 20.52 Information, documents disclosed for purposes of s44 of Act

    Part 1 — .6

    …rporation; (ii) a statement setting out the amount of the capital replacement reserve fund; (iii) a statement setting out the amount of the contributions and the basis on which that amount was determined; (iv) a statement setting out any structural deficiencies that the corporati…

  23. Condominium Property Regulation s. 23 Reserve fund study, report and plan

    Part 2 — Capital Replacement Reserve Fund

    …n approved under subsection (4) must provide that, based on the reserve fund report, sufficient funds will be available by means of owners' contributions, or any other method that is reasonable in the circumstances, to repair or replace, as the case may be, the depreciating prope…

  24. Condominium Property Regulation s. 27.1 Use of reserve fund during emergency

    Part 2 — Capital Replacement Reserve Fund

    …f public health emergency or local state of public health emergency remains in effect; (b) the corporation has r eceived lower revenue from contributions compared to the revenue expected from contributions levied on owners as a result of (i) the declaration or state of emergency,…

  25. Condominium Property Regulation s. 35 Phased development disclosure statement

    Part 3 — Phased Development

    …nit 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 proc…

  26. Condominium Property Regulation s. 49 Amalgamation disclosure statement

    Part 4 — Amalgamation

    …eserve fund of the proposed amalgamated corporation; (i) the proposed by-laws of the proposed amalgamated corporation; (j) the proposed new contributions, if any, that are to be levied (i) for the administrative expenses, and (ii) for the reserve fund as defined in section 21(1)(…

  27. Condominium Property Regulation s. 62.4 Recovery of amount of deductible

    Part 6 — Insurance

    …0 under this section. (5) A corporation may recover an amount under subsection (1) from an owner by (a) an action in debt, or (b) levying a contribution under section 39(1) of the Act, if permitted by the bylaws. (6) An owner is not liable to a corporation under this section for …

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