43 (1) The board elected or appointed at a time when the declarant owns a majority of the units shall, not more than 21 days after the declarant ceases to be the owner of the majority of the units, call a meeting of owners to elect a new board. 1998, c. 19, s. 43 (1); 2015, c. 28, Sched. 1, s. 36 (1). Who may call meeting (2) If the board does not call the meeting within the required time, an owner or a mortgagee having the right to vote under section 48 may call the meeting. 1998, c. 19, s. 43 (2). Time of meeting (3) The board shall hold the meeting within 21 days after it is called. 1998, c. 19, s. 43 (3). Things to turn over (4) At the meeting, the declarant shall deliver to the board elected at the meeting, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 43 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 36 (2)) Things to turn over (4) At the meeting, the declarant shall, in accordance with the regulations, if any, deliver to the board elected at the meeting, (a)  the seal of the corporation; (b)  the minute book for the corporation including a copy of the registered declaration, registered by-laws, current rules and minutes of owners’ meetings and board meetings; (c)  copies of all agreements entered into by the corporation or the declarant or the declarant’s representatives on behalf of the corporation, including management contracts, deeds, leases, licences and easements; (d)  copies of all policies of insurance and the related certificates or memoranda of insurance and all insurance trust agreements; (e)  bills of sale or transfers for all items that are assets of the corporation but not part of the property; (f)  the records maintained under subsection 46.1 (3) and subsection 83 (3); and (g)  all records that it has related to the units or to employees of the corporation. 1998, c. 19, s. 43 (4); 2015, c. 28, Sched. 1, s. 36 (3). Same, after meeting (5) The declarant shall deliver to the board within 30 days after the meeting, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 43 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 36 (4)) Same, after meeting (5) The declarant shall, in accordance with the regulations, if any, deliver to the board within 30 days after the meeting, (a)  the existing warranties and guarantees for all the equipment, fixtures and chattels included in the sale of either the units or common elements that are not protected by warranties and guarantees given directly to a unit purchaser; (b)  the as-built architectural, structural, engineering, mechanical, electrical and plumbing plans; (c)  the as-built specifications, indicating all substantive changes, if any, from the original specifications; (d)  all existing plans for underground site services, site grading, drainage and landscaping, and television, radio or other communications services; (e)  all other existing plans and information not mentioned in clause (b), (c) or (d) that are relevant to the repair or maintenance of the property; (f)  if the property is subject to the Ontario New Home Warranties Plan Act, Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (5) (f) of the Act is amended by striking out the portion before subclause (i) and substituting the following: (See: 2017, c. 33, Sched. 2, s. 75 (6)) (f)  if the property is subject to the Protection for Owners and Purchasers of New Homes Act, 2017, (i)  proof, in the form, if any, prescribed by the Minister, that the units and common elements have been enrolled in the Plan within the meaning of that Act in accordance with the regulations made under that Act, and Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subclause 43 (5) (f) (i) of the Act is amended. (See: 2017, c. 33, Sched. 2, s. 75 (7)) (ii)  a copy of all final reports on inspections that the Corporation within the meaning of that Act requires be carried out on the common elements; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (5) (f) of the Act is amended by striking out “and” at the end of subclause (i) and by striking out subclause (ii) and substituting the following: (See: 2017, c. 33, Sched. 2, s. 75 (8)) (ii)  a copy of all final reports on inspections that the warranty authority requires be carried out on the common elements, and (iii)  all other material, if any, in respect of the property that is prescribed. (g)  a table setting out the responsibilities for repair after damage and maintenance and indicating whether the corporation or the owners are responsible; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (5) (g) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 36 (6)) (h)  a schedule setting out what constitutes a standard unit for each class of unit that the declarant specifies for the purpose of determining the responsibility for repairing improvements after damage and insuring them; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (5) (h) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 36 (7)) (i)  all financial records of the corporation and of the declarant relating to the operation of the corporation from the date of registration of the declaration and the description; (j)  if the meeting is held after nine months following the registration of the declaration and description, the reserve fund study that is required within the year following the registration of the declaration and description; (k)  all reserve fund studies that have been completed or are required to have been completed at the time the meeting is held, other than the reserve fund study that is required within the year following the registration of the declaration and description; (l)  a copy of the most current disclosure statement delivered to a purchaser of a unit in the corporation under section 72 before the meeting; and (m)  all other material that the regulations require to be given to the board. 1998, c. 19, s. 43 (5); 2015, c. 28, Sched. 1, s. 36 (5), 146 (1). Cost (6) The items mentioned in subsections (4) and (5) shall be prepared at the declarant’s expense, except for the items mentioned in clauses (5) (j) and (k) which shall be prepared at the expense of the corporation. 1998, c. 19, s. 43 (6). Audited financial statements (7) The declarant shall deliver to the board within 60 days after the meeting audited financial statements of the corporation prepared by the auditor, on behalf of the owners and at the expense of the corporation, as of the last day of the month in which the meeting is held. 1998, c. 19, s. 43 (7). Application (8) The corporation may make an application to the Superior Court of Justice for an order under subsection (9). 1998, c. 19, s. 43 (8); 2000, c. 26, Sched. B, s. 7 (5). Court order (9) The court, if satisfied that the declarant has, without reasonable excuse, failed to comply with subsection (4), (5) or (7), (a)  shall order that the declarant pay damages to the corporation for the loss it incurred as a result of the declarant’s acts of non-compliance with subsection (4), (5) or (7), as the case may be; (b)  shall order that the declarant pay the corporation’s costs of the application; (c)  may order the declarant to pay to the corporation an additional amount not to exceed $10,000; and (d)  may order the declarant to comply with subsection (4), (5) or (7), as the case may be. 1998, c. 19, s. 43 (9). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (5) - 5/05/2001 2015, c. 28, Sched. 1, s. 36 (1, 3, 5) - 01/11/2017; 2015, c. 28, Sched. 1, s. 36 (2, 4, 6, 7) - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017 2017, c. 33, Sched. 2, s. 75 (6-8) - not in force; 2017, c. 33, Sched. 2, s. 79 (7, 8) - no effect