107 (1) The corporation shall not amend the declaration or the description except in accordance with this section. 1998, c. 19, s. 107 (1). Conditions (2) The corporation may amend the declaration or the description if, (a)  the board, by resolution, has approved the proposed amendment; (b)  the declarant has consented to the proposed amendment in writing if, (i)  at the time the board approved the proposed amendment, the declarant had not transferred all of the units except for the part of the property described in subsection 22 (5), and (ii)  less than three years have elapsed from the later of the date of registration of the declaration and description and the date that the declarant first entered into an agreement of purchase and sale for a unit in the corporation; (c)  the board has held a meeting of owners in accordance with subsections (3) and (4); (d)  the owners of at least 90 per cent of the units at the time the board approved the proposed amendment have consented to it in writing, if it makes a change in a matter described in clause 7 (2) (c), (d) or (f) or 7 (4) (e); Note: On a day to be named by proclamation of the Lieutenant Governor, clause 107 (2) (d) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 93 (1)) (d)  the owners of at least 90 per cent of the units, or such other percentage that is prescribed, at the time the board approved the proposed amendment have consented to it in writing, if it makes a change in a matter described in clause 7 (2) (c), (d) or (f) or 7 (4) (e), subsection 105 (4) or a matter described in the regulations, if any; (e)  the owners of at least 80 per cent of the units at the time the board approved the proposed amendment have consented to it in writing, in all cases apart from a case described in clause (d); and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 107 (2) (e) of the Act is amended by adding “or such other percentage that is prescribed” after “80 per cent of the units”. (See: 2015, c. 28, Sched. 1, s. 93 (2)) (f)  the corporation has, in accordance with subsection 47 (5), sent a notice of the proposed amendment to all mortgagees whose names, at the time the board approved the proposed amendment, appeared in the record of the corporation required by section 46.1 or were required by that section to have appeared in that record. 1998, c. 19, s. 107 (2); 2015, c. 28, Sched. 1, s. 93 (3). Meeting of owners (3) The board shall call a meeting of owners for the purpose of considering the proposed amendment. 1998, c. 19, s. 107 (3). Notice of meeting (4) The board shall give the owners a notice of the meeting which shall include a copy of the proposed amendment. 1998, c. 19, s. 107 (4). Loss of owner’s right to consent (4.1) An owner is not entitled to consent under this section if any contributions to the common expenses payable for the owner’s unit are in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 93 (4). Payment of arrears (4.2) An owner who, under subsection (4.1), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owner’s unit. 2015, c. 28, Sched. 1, s. 93 (4). Registration (5) The corporation shall register a copy of an amendment made under this section but shall not register the copy until after the expiration of 30 days following the time at which it gave the notice described in clause (2) (f). 1998, c. 19, s. 107 (5). Form of registration (6) The registered copy of the amendment shall include a certificate, in the form prescribed by the Minister, made by the officers authorized to act on behalf of the corporation that certifies that the amendment complies with the requirements of this section. 1998, c. 19, s. 107 (6). When amendment effective (7) An amendment made under this section is ineffective until the copy of the amendment has been registered. 1998, c. 19, s. 107 (7). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 93 (1, 2) - not in force; 2015, c. 28, Sched. 1, s. 93 (3, 4) - 01/11/2017