84 (1) Subject to the other provisions of this Act, the owners shall contribute to the common expenses in the proportions specified in the declaration. 1998, c. 19, s. 84 (1). Common surplus (2) A common surplus in a corporation shall be applied either against future common expenses or paid into the reserve fund, and except on termination, shall not be distributed to the owners or mortgagees of the units. 1998, c. 19, s. 84 (2). No avoidance (3) An owner is not exempt from the obligation to contribute to the common expenses even if, (a)  the owner has waived or abandoned the right to use the common elements or part of them; (b)  the owner is making a claim against the corporation; or (c)  the declaration, by-laws or rules restrict the owner from using the common elements or part of them. 1998, c. 19, s. 84 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 84 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 77) No avoidance (3) Subject to subsection (6), an owner is not exempt from the obligation to contribute to the common expenses payable for the owner’s unit even if, (a)  the owner has waived or abandoned the right to use, (i)  the common elements or the assets, if any, of the corporation, or part of them, or (ii)  any land, any part of a property or proposed property, any assets of a corporation or any facilities or services that are subject to an agreement mentioned in subsection 21.1 (1) or 113 (1); (b)  the owner is making a claim against the corporation; or (c)  the declaration, by-laws or rules restrict the owner from using, as the case may be, (i)  the common elements or the assets, if any, of the corporation, or part of them, or (ii)  any land, any part of a property or proposed property, any assets of a corporation or any facilities or services that are subject to an agreement mentioned in subsection 21.1 (1) or 113 (1). 2015, c. 28, Sched. 1, s. 77. Addition to contribution (4) If the corporation makes a prescribed addition to the amount of the contribution to the common expenses payable for an owner’s unit, the corporation shall provide the prescribed notice to the owner within 15 days of making the addition. 2015, c. 28, Sched. 1, s. 77. Reaction of owner (5) Within 30 days of receiving the notice or within such other time period that is determined by the regulations, the owner shall, (a)  pay the amount of the addition to the corporation in the prescribed manner; (b)  if the owner transfers the unit within the 30 days or the other time period, as applicable, (i)  ensure that the amount of the addition is held in escrow, in accordance with the regulations, when the transaction for the transfer closes until it is to be paid to the person entitled to it, as determined in accordance with the regulations, and (ii)  give notice to the corporation, in accordance with the regulations and as soon as reasonably possible after the transfer, that the amount of the addition is being so held in escrow; (c)  apply, in accordance with Part I.2, to the Condominium Authority Tribunal established under that Part for resolution of the requirement to pay the addition as a matter in dispute, if the Tribunal has been established under that Part and the application may be made under that Part; or (d)  apply to the Superior Court of Justice for resolution of the requirement to pay the addition, if the Condominium Authority Tribunal has not been established under Part I.2 or the application described in clause (c) may not be made under that Part. 2015, c. 28, Sched. 1, s. 77. Exemption during dispute resolution (6) Subject to subsection (10), an owner who complies with clause (5) (c) or (d) is exempt from the obligation to contribute to the common expenses with respect to the amount of the addition, unless a settlement agreement or a final order of the Condominium Authority Tribunal or of a court provides otherwise, as is determined by the regulations, if any. 2015, c. 28, Sched. 1, s. 77. Addition owing (7) If an owner who, under subsection (6), is exempt from the obligation to contribute to the common expenses with respect to the amount of the addition ceases to be exempt from the obligation with respect to any part or all of the addition, the corporation shall send the owner a notice specifying a time by which the owner is required to pay, in accordance with the regulations, if any, the amount that ceases to be exempt from the obligation. 2015, c. 28, Sched. 1, s. 77. Notice of additions to contribution (8) Subject to any other provision of this Act or the regulations dealing with a notice of a contribution to the common expenses, if, pursuant to this Act or the regulations, an amount is added to the contribution to the common expenses payable for an owner’s unit, the corporation shall send the owner a notice specifying a time by which the owner is required to pay the amount in accordance with the regulations, if any. 2015, c. 28, Sched. 1, s. 77. Part of common expenses (9) An owner who does not comply with clause (5) (a), (c) or (d) shall be deemed to be in default in the obligation to contribute to the common expenses payable for the owner’s unit with respect to the amount of the addition. 2015, c. 28, Sched. 1, s. 77. Same (10) An owner who does not comply with clause (5) (b) shall be deemed to have been in default, as of the date specified in subsection (11), in the obligation to contribute to the common expenses payable for the owner’s unit with respect to the amount of the addition. 2015, c. 28, Sched. 1, s. 77. Date of default (11) The date of the default mentioned in subsection (10) shall be a date that is before the closing of the transaction for the transfer mentioned in clause (5) (b) and that is determined in accordance with the regulations. 2015, c. 28, Sched. 1, s. 77. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 77 - not in force