hordruma/ontario_laws_and_regs huggingface dataset:
42 (1) Within 10 days after the registration of the declaration and description, the declarant shall appoint the first board of a corporation. 1998, c. 19, s. 42 (1). Replacements (2) The declarant may revoke the appointment of a director to the first board and appoint another director to the first board who shall hold office until a new board is elected at a turn-over meeting held under section 43. 1998, c. 19, s. 42 (2). Term (3) The first board shall hold office until a new board is elected at a turn-over meeting held under section 43. 1998, c. 19, s. 42 (3). Number (4) The first board shall consist of three persons or such greater number as the declaration provides. 1998, c. 19, s. 42 (4). Conduct of business (5) A written resolution that is adopted by the first board before the owners elect a director to the first board under subsection (8) and that is signed by all the directors entitled to vote on the resolution at a meeting of the first board, is valid even though no meeting is held to vote on the resolution. 1998, c. 19, s. 42 (5). Owners’ meeting (6) Subject to subsection (7), the first board shall call and hold a meeting of owners by the later of, (a)  the 30th day after the day by which the declarant has transferred 20 per cent of the units in the corporation; and (b)  the 90th day after the declarant transfers the first unit in the corporation. 1998, c. 19, s. 42 (6). Exception (7) The first board is not required to call or hold the meeting mentioned in subsection (6) if, by the day set for the meeting, the declarant no longer owns a majority of the units and advises the first board in writing of that fact. 1998, c. 19, s. 42 (7). Election of directors (8) At the meeting mentioned in subsection (6), the owners, other than the declarant, may elect two directors to the first board. 1998, c. 19, s. 42 (8). Quorum (9) At the meeting mentioned in subsection (6), the quorum for the election of directors under subsection (8) is those owners who own 25 per cent of the units in the corporation not owned by the declarant. 1998, c. 19, s. 42 (9); 2015, c. 28, Sched. 1, s. 35. Determination of quorum (10) To count towards the quorum, an owner must have been entitled to receive notice of the meeting, must be entitled to vote at a meeting and shall be present at the meeting or represented by proxy. 1998, c. 19, s. 42 (10). Increased number (11) A director elected to the first board under subsection (8) shall hold office in addition to the directors appointed to the first board even if the addition of an elected director results in more directors on the board than the declaration allows. 1998, c. 19, s. 42 (11). Transition (12) The owners other than the declarant shall not be entitled to elect a director under subsection (8) if the corporation’s first board was appointed or elected on or before the day this section comes into force. 1998, c. 19, s. 42 (12). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 35 - 01/11/2017
46.1 (1) A corporation shall maintain the record required by subsection (3). 2015, c. 28, Sched. 1, s. 41. Notice of owner’s name and unit (2) As soon as reasonably possible upon becoming an owner in a corporation and, in any event, no later than 30 days after becoming an owner in a corporation, the owner shall give notice to the corporation in writing, setting out the owner’s name and, in accordance with the regulations, identifying the owner’s unit. 2015, c. 28, Sched. 1, s. 41. Record of owners and mortgagees (3) A corporation shall maintain a record of, (a)  the owner’s name and the identification of the unit, if an owner, at any time, gives notice to the corporation in writing, setting out the owner’s name and, in accordance with the regulations, identifying the owner’s unit; (b)  the owner’s address for service if, (i)  an owner who has given the notice described in clause (a), notifies the corporation in writing, at any time, of the owner’s name and address for service, including any change in the address for service, and (ii)  the owner’s address for service is in Ontario; (c)  the mortgagee’s name, the identification of the unit and the mortgagee’s address for service, if, (i)  a mortgagee, at any time, gives notice to the corporation in writing, setting out the mortgagee’s name and, in accordance with the regulations, identifying the unit that is the subject of the mortgage, (ii)  under the terms of the mortgage, the mortgagee has the right to vote at a meeting of owners in the place of the unit owner or to consent in writing in the place of the unit owner, (iii)  the mortgagee notifies the corporation in writing of the right described in subclause (ii) and the mortgagee’s address for service, including any change in the address for service, and (iv)  the mortgagee’s address for service is in Ontario; and (d)  any prescribed information. (e)  Repealed: 2023, c. 9, Sched. 7, s. 5. 2015, c. 28, Sched. 1, s. 41; 2023, c. 9, Sched. 7, s. 5. Duty to update record (4) A corporation that receives a notification or communication described in subsection (2) or (3) shall update its record to reflect the notification or communication as soon as reasonably possible after receipt or within such other period of time that the by-laws of the corporation provide. 2015, c. 28, Sched. 1, s. 41. Use of record (5) A corporation shall use the record for the purposes of this Act, and no other purpose. 2015, c. 28, Sched. 1, s. 41. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 41 - 01/11/2017 2023, c. 9, Sched. 7, s. 5 - 01/10/2023
54 (1) Subject to subsection (2), a thing other than a notice required to be given to an owner or a mortgagee under this Act is sufficiently served if it is given in accordance with subsection 47 (4) or (5), as the case may be, as if references to “notice” in the applicable subsection were references to the thing to be given to the owner or mortgagee. 2023, c. 9, Sched. 7, s. 8. Exception (2) Except as provided in the regulations, subsection (1) does not apply with respect to the right to examine or obtain copies of records under subsection 55 (3). 2023, c. 9, Sched. 7, s. 8. Application of s. 47 (6) (3) Subsection 47 (6) applies, with necessary modifications, for the purposes of subsection (1) of this section. 2023, c. 9, Sched. 7, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 50 - 01/11/2017 2023, c. 9, Sched. 7, s. 8 - 01/10/2023
145 (1) Subject to the regulations, the declarant may create additional units or common elements in a corporation in accordance with this Part after the registration of the declaration and description if, (a)  the corporation is a freehold condominium corporation; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 145 (1) (a) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 126 (1)) (b)  except as provided in the regulations made under this Act, the corporation is not a vacant land condominium corporation or a common elements condominium corporation; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 145 (1) (b) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 126 (1)) (c)  the declaration indicates that the corporation is a phased condominium corporation; (d)  the description contains a legal description of the land that will be the servient tenement within the meaning of section 151; and (e)  the board has been elected at a meeting of owners held at a time when the declarant did not own a majority of the units. 1998, c. 19, s. 145 (1); 2015, c. 28, Sched. 1, s. 146 (1). Type of corporation (2) A corporation that meets the criteria described in subsection (1) shall be known as a phased condominium corporation. 1998, c. 19, s. 145 (2). Definition (3) In this Part, “phase” means the additional units and common elements in a phased condominium corporation that are created in accordance with this Part upon the registration of an amendment to both the declaration and description. 1998, c. 19, s. 145 (3). Application (4) Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a phased condominium corporation. 1998, c. 19, s. 145 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 145 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 126 (2)) Application (4) Subject to this Part, the other Parts of this Act apply with necessary modifications to a phased condominium corporation unless those other Parts specifically provide that they do not apply to a particular type of phased condominium corporation. 2015, c. 28, Sched. 1, s. 126 (2). Same (5) For the purposes of subsection (4), a reference to the registration of the declaration and description in section 13, subsection 14 (1), 22 (4), 56 (11), 58 (9), 78 (1), 80 (6), 122 (1) or (2), 124 (2) or (3), 127 (1) or (2) shall be deemed, if applicable, to be a reference to the registration of the amendments to the declaration and description required for creating a phase. 1998, c. 19, s. 145 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 145 (5) of the Act is amended by adding “subsection 2 (2.1)” after “description in”. (See: 2015, c. 28, Sched. 1, s. 126 (3)) Other corporations (6) This Part does not apply to a corporation that is not a phased condominium corporation. 1998, c. 19, s. 145 (6). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 126 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017