105 (1) Subject to subsection (2) and (3), if an insurance policy obtained by the corporation in accordance with this Act contains a deductible clause that limits the amount payable by the insurer, the portion of a loss that is excluded from coverage shall be a common expense. 1998, c. 19, s. 105 (1). Owner’s responsibility (2) If an owner, a lessee of an owner or a person residing in the owner’s unit with the permission or knowledge of the owner through an act or omission causes damage to the owner’s unit, the amount that is the lesser of the cost of repairing the damage and the deductible limit of the insurance policy obtained by the corporation shall be added to the common expenses payable for the owner’s unit. 1998, c. 19, s. 105 (2). Same, by-law (3) The corporation may pass a by-law to extend the circumstances in subsection (2) under which an amount shall be added to the common expenses payable for an owner’s unit if the damage to the unit was not caused by an act or omission of the corporation or its directors, officers, agents or employees. 1998, c. 19, s. 105 (3). Owner’s insurable interest (4) The amount payable by an owner under this section or as a result of a by-law passed under this section constitutes an insurable interest of the owner. 1998, c. 19, s. 105 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 105 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 91) Deductible 105 (1) Subject to subsections (2), (3) and (4), if an insurance policy obtained and maintained by the corporation in accordance with this Act contains a deductible clause that limits the amount payable by the insurer, the portion of a loss that is excluded from coverage shall be a common expense. 2015, c. 28, Sched. 1, s. 91. Owner’s responsibility (2) Subject to subsection (4), if an owner, a lessee of an owner, a person residing in the owner’s unit with the permission or knowledge of the owner, or any other person or thing that is prescribed, through an act or omission causes damage to a unit, the common elements or the assets, if any, of the corporation, subject to subsection (3), and if the corporation has obtained and maintained coverage for the damage under an insurance policy, the amount that is the lesser of the cost of repairing the damage and the deductible limit of the insurance policy shall be added to the contribution to the common expenses payable for the owner’s unit. 2015, c. 28, Sched. 1, s. 91. Exception (3) Subject to subsection (4), subsection (2) does not apply if the damage to a unit, the common elements or the assets, if any, of the corporation was caused by an act or omission of the corporation or its directors, officers, agents or employees. 2015, c. 28, Sched. 1, s. 91. Alteration by declaration (4) After a new board of a corporation is elected at a turn-over meeting held under section 43, a declaration may alter the circumstances in subsection (2) under which an amount shall be added to the contribution to the common expenses payable for an owner’s unit if, (a)  the alteration is done in accordance with the restrictions or requirements, if any, that are prescribed; and (b)  the corporation has met all other requirements of this Act. 2015, c. 28, Sched. 1, s. 91. Owner’s insurable interest (5) The amount payable by an owner under this section or as a result of a provision of a declaration that makes the alteration described in subsection (4) constitutes an insurable interest of the owner. 2015, c. 28, Sched. 1, s. 91. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 91 - not in force