97 (1) If the corporation has an obligation to repair the units or common elements after damage or to maintain them and the corporation carries out the obligation using materials that are as reasonably close in quality to the original as is appropriate in accordance with current construction standards, the work shall be deemed not to be an addition, alteration or improvement to the common elements or a change in the assets of the corporation for the purpose of this section. 1998, c. 19, s. 97 (1). Changes made without notice (2) A corporation may, by resolution of the board and without notice to the owners, make an addition, alteration or improvement to the common elements, a change in the assets of the corporation or a change in a service that the corporation provides to the owners if, (a)  it is necessary to make the addition, alteration, improvement or change to comply with an agreement mentioned in section 113 or the requirements imposed by any general or special Act or regulations or by-laws made under that Act; (b)  in the opinion of the board, it is necessary to make the addition, alteration, improvement or change to ensure the safety or security of persons using the property or assets of the corporation or to prevent imminent damage to the property or assets; or (c)  subject to the regulations made under this Act, the estimated cost, in any given month or other prescribed period, if any, of making the addition, alteration, improvement or change is no more than the greater of $1,000 and 1 per cent of the annual budgeted common expenses for the current fiscal year. 1998, c. 19, s. 97 (2). Changes made on notice (3) A corporation may make an addition, alteration or improvement to the common elements, a change in the assets of the corporation or a change in a service that the corporation provides to the owners if, (a)  the corporation has sent a notice to the owners that, (i)  describes the proposed addition, alteration, improvement or change, (ii)  contains a statement of the estimated cost of the proposed addition, alteration, improvement or change indicating the manner in which the corporation proposes to pay the cost, (iii)  specifies that the owners have the right, in accordance with section 46 and within 30 days of receiving the notice, to requisition a meeting of owners, and (iv)  contains a copy of section 46 and this section; and (b)  one of the following conditions has been met: 1.  The owners have not requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a). 2.  The owners have requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a) but have not voted against the proposed addition, alteration, improvement or change at the meeting. 1998, c. 19, s. 97 (3). Approval of substantial change (4) Despite subsection (3), the corporation shall not make a substantial addition, alteration, improvement to the common elements, a substantial change in the assets of the corporation or a substantial change in a service that the corporation provides to the owners unless the owners who own at least 662/3 per cent of the units of the corporation vote in favour of approving it. 1998, c. 19, s. 97 (4). Meeting (5) The vote shall be taken at a meeting duly called for the purpose of subsection (4). 1998, c. 19, s. 97 (5). Meaning of substantial change (6) For the purposes of subsection (4), an addition, alteration, improvement or change is substantial if, (a)  its estimated cost, based on its total cost, regardless of whether part of the cost is incurred before or after the current fiscal year, exceeds the lesser of, (i)  10 per cent of the annual budgeted common expenses for the current fiscal year, and (ii)  the prescribed amount, if any; or (b)  the board elects to treat it as substantial. 1998, c. 19, s. 97 (6). Cost of changes (7) The cost of an addition, alteration, improvement or change that the corporation makes under this section shall form part of the common expenses. 1998, c. 19, s. 97 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, the heading immediately before section 97 and section 97 of the Act are repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 88) Modifications to Common Elements and Assets Modifications made by corporation 97 (1) No person shall make a modification except in accordance with this section or section 98. 2015, c. 28, Sched. 1, s. 88. Definitions (2) In this section, “cost” means the cost as determined in accordance with the regulations, if any; (“coût”) “modification” means, subject to subsection (3) and the regulations, (a)  an addition, alteration or improvement to the common elements, (b)  a change in the assets, if any, of the corporation, (c)  a change in the services that the corporation provides to the owners, or (d)  any combination or series of additions, alterations, improvements or changes described in clause (a), (b) or (c) that collectively relate to each other, as determined by the regulations. (“modification”) 2015, c. 28, Sched. 1, s. 88 Interpretation, modification (3) Subject to sections 93, 94 and 95 and the regulations, if a corporation has an obligation to repair the units, the common elements or the assets, if any, of the corporation or to maintain them and if the corporation carries out the obligation using materials that are as reasonably close in quality to the original as is appropriate, as determined in accordance with current construction standards, the work shall be deemed not to be a modification. 2015, c. 28, Sched. 1, s. 88. Cost assessment (4) The board shall conduct an assessment of the cost to the corporation, in accordance with the regulations, of any modifications that a corporation proposes to make under clause (5) (c) or subsection (6) or (7). 2015, c. 28, Sched. 1, s. 88. Modifications made without notice (5) A corporation may, without notice to the owners, make a modification if, (a)  it is necessary to make the modification to comply with an agreement mentioned in section 21.1 or 113 or the requirements imposed by any general or special Act or regulations or by-laws made under that Act; (b)  in the opinion of the board, it is necessary to make the modification to ensure the safety or security of persons using the property or assets, if any, of the corporation or to prevent imminent damage to the property or assets; (c)  unless the regulations provide otherwise, (i)  the estimated cost, if any, to the corporation of making the modification, based on its total cost, regardless of whether part of the cost is incurred before or after the current fiscal year, is no more than the lesser of 3 per cent of the annual budgeted common expenses for the current fiscal year and $30,000, and (ii)  the owners, on an objective basis, would not regard the modification as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation, as determined by the regulations; or (d)  the modification is for any prescribed purposes, subject to the requirements, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 88. Modifications made on notice (6) A corporation may make a modification to which subsection (5) does not apply if, (a)  the corporation has sent a notice to the owners in accordance with the prescribed requirements, if any, that, (i)  describes the proposed modification, (ii)  contains, (A)  the prescribed statement, if the owners, on an objective basis, would regard the proposed modification as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation, as determined by the regulations, or (B)  the prescribed statement of the estimated cost to the corporation of making the proposed modification, indicating the manner in which the corporation proposes to pay the cost, (iii)  specifies that the owners have the right, in accordance with section 46 and within 30 days of receiving the notice, to requisition a meeting of owners, and (iv)  contains a copy of the text of section 46 and this section; and (b)  the owners, (i)  have not requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a), (ii)  have requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a) but a quorum is not present at the first attempt to hold the meeting, or (iii)  have requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a), a quorum is present at the first attempt to hold the meeting and the owners have not voted against the proposed modification at the meeting. 2015, c. 28, Sched. 1, s. 88. Approval of substantial modification (7) Despite subsection (6), a corporation shall not make a substantial modification unless the owners who own at least 66 ⅔ per cent of the units in the corporation vote in favour of approving it. 2015, c. 28, Sched. 1, s. 88. Meeting (8) The vote shall be taken at a meeting duly called for the purpose of subsection (7). 2015, c. 28, Sched. 1, s. 88. Interpretation, substantial modification (9) For the purposes of subsection (7), a modification is substantial if, (a)  the estimated cost to the corporation of making the modification, based on its total cost, regardless of whether part of the cost is incurred before or after the current fiscal year, exceeds the lesser of, (i)  10 per cent of the annual budgeted common expenses for the current fiscal year, and (ii)  the prescribed amount, if any; or (b)  the board elects to treat it as substantial. 2015, c. 28, Sched. 1, s. 88. Cost of modifications (10) The cost of a modification that the corporation makes under this section shall form part of the common expenses. 2015, c. 28, Sched. 1, s. 88. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 88 - not in force