MHHS · Condominium Property Act
1 Interpretation and Application Interpretation
(a) repealed 2014 c10 s2;
(b) "bare land unit" means a unit defined in clause (y)(ii);
(c) "board" means the board of a corporation as provided for in
section 28 and, except in sections 17(2), 17.1, 28 and 29,
includes an interim board;
(d) "building" means one or more buildings on the same parcel;
(e) "bylaws" means the bylaws of a corporation as amended
from time to time and includes any bylaws passed in
substitution for them;
(f) "common property" means so much of the parcel as is not
comprised in a unit shown in a condominium plan, but does
not include land shown on the condominium plan that has
RSA 2000
been provided for the purposes of roads, public utilities and
reserve land under Part 17 of the Municipal Government Act;
(g) "condominium plan" means a plan registered in a land titles
office that complies with section 8 and includes any
amendment to a condominium plan referred to in section 18
or 20, any plan or condominium plan, as the case may be,
relating to development in phases referred to in section 19
or any plan or 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 building that, at any time before the
registration of the condominium plan, was occupied in
whole or in part by any person, including a tenant, other
than
(i) a purchaser of a unit to be created by the registration of
the condominium plan, or
(ii) a person occupying the building or any part of it for the
sole purpose of marketing the units to be created by the
registration of the condominium plan;
(g.3) "conversion unit" means a unit in a conversion;
(h) "corporation" means a body incorporated by section 25;
(i) "Court" means the Court of King's Bench;
(j) "developer" means a person who, alone or in conjunction
with other persons, sells or offers for sale to the public units
or proposed units that have not previously been sold to the
public by means of an arm's length transaction;
(j.1) "Director" means the indivi dual appointed by the Minister
as the Director under section 78.001;
(j.2) "electronic means", in resp ect of attending or holding a
meeting, means a method of electronic or telephonic
communication that enables all persons attending the
meeting to hear and communicate with each other
instantaneously, including, without limitation,
teleconferencing and computer network-based or internet-
based communication platforms;
(k) repealed 2014 c10 s2;
RSA 2000
(k.1) "general meeting" means an annual general meeting referred
to in section 30 and a special general meeting referred to in
section 30.1;
` (k.2) "interim board" means th e interim board of directors
appointed under section 10.1;
(l) "land surveyor" means an Al berta land surveyor registered,
or the holder of a permit issued, under the Land Surveyors
Act;
(m) "landlord" means an owner of a unit that is being rented and
includes a person acting on behalf of the owner;
(m.1) "managed property" means an y unit or part of a unit that a
corporation is required by bylaw to maintain, repair or
replace, other than the real and personal property of the
corporation and the common property;
(n) "management agreement" me ans an agreement entered into
by a corporation governing the general control, management
and administration of
(i) the real and personal pr operty of the corporation,
(ii) the common property, and
(iii) managed property;
(o) "Minister" means the Minister determined under section 16
of the Government Organization Act as the Minister
responsible for this Act;
(p) "municipal authority" means
(i) a municipal authority as defined in the Municipal
Government Act, or
(ii) in the case of a national park other than a town within a
national park to which subclause (i) applies, the Minister
of the Crown in right of Canada charged with the
administration of the National Parks Act (Canada);
(q) "municipality" means the area of a city, town, village,
municipal district, improvement district, special area or
national park;
(r) "ordinary resolution" means a resolution
RSA 2000
(i) passed at a properly conv ened meeting of a corporation
by a majority of all the persons present or represented by
proxy at the meeting entitled to exercise the powers of
voting conferred by this Act or the bylaws, or
(ii) signed by a majority of a ll the persons who, at a properly
convened meeting of a corporation, would be entitled to
exercise the powers of voting conferred by this Act or
the bylaws and representing more than 50% of the total
unit factors for all the units;
(s) "owner" means a person who is registered as the owner of
(i) the fee simple estate in a unit, or
(ii) the leasehold estate in a unit when the parcel on which
the unit is located is held under a lease and a certificate
of title has been issued under section 5(1)(b) in respect
of that lease;
(t) "parcel" means the land comprised in a condominium plan;
(t.1) "prescribed" means prescribed or otherwise provided for in
the regulations;
(t.2) "professional engineer" me ans a professional engineer as
defined in the Engineering and Geoscience Professions Act;
(t.3) "professional techno logist" means a professional
technologist as defined in section 86.4(m) of the
Engineering and Geoscience Professions Act;
(u) "purchase agreement" means an agreement with a developer
whereby a person purchases a unit or proposed unit or
acquires a right to purchase a unit or proposed unit;
(u.1) "recorded mail" means a fo rm of document delivery by mail
or courier in which receipt of the document must be
acknowledged in writing;
(v) "recreational agreement" me ans an agreement entered into
by a corporation that allows
(i) persons, other than the owners, to use recreational
facilities located on the common property, or
(ii) the owners to use recreational facilities not located on
the common property;
RSA 2000
(v.1) "registered architect" means a registered architect as defined
in the Architects Act;
(v.2) "Registrar" means the Registrar of Titles appointed under
the Land Titles Act;
(w) "residential unit" means
(i) in the case of a unit that is situated within a building, a
unit that is used or intended to be used for residential
purposes, and
(ii) in the case of a bare land unit, a unit that is used or
intended to be used for residential purposes or that has
been represented by a developer as being intended to be
used for residential purposes;
(x) "special resolution" means a resolution
(i) passed at a properly conv ened meeting of a corporation
by a majority of not less than 75% of all the persons
entitled to exercise the powers of voting conferred by
this Act or the bylaws and representing not less than
75% of the total unit factors for all the units, or
(ii) agreed to in writing by not less than 75% of all the
persons who, at a properly convened meeting of a
corporation, would be entitled to exercise the powers of
voting conferred by this Act or the bylaws and
representing not less than 75% of the total unit factors
for all the units;
(x.1) "Tribunal" means the Condominium Dispute Resolution
Tribunal established under section 68.2;
(y) "unit" means
(i) in the case of a building, a space that is situated within a
building and described as a unit in a condominium plan
by reference to floors, walls and ceilings within the
building, and
(ii) in the case other than that of a building, land that is
situated within a parcel and described as a unit in a
condominium plan by reference to boundaries governed
by monuments placed pursuant to the provisions of the
Surveys Act respecting subdivision surveys;
RSA 2000
(z) "unit factor" means the unit fa ctor for a unit as specified or
apportioned in accordance with section 8(1)(j), 20(6) or
26(1.3), as the case may be.
(2) In this Act a reference to an arm's length transaction or to a
transaction being at arm's length is a reference to a transaction that
is conducted in an open market between willing parties to the
transaction negotiating in their own respective self interest where
the consideration paid is competitive and not unreasonable having
regard to open market conditions.
(3) Other expressions used in this Act and not defined in
subsection (1) have the same meanings as may be assigned to them
in the Land Titles Act.
RSA 2000 cC-22 s1;2011 c3 s33;2014 c10 s2;
2021 c3 s3;AR 217/2022;2024 c20 s1(3)