152 (1) In addition to the items mentioned in subsection 43 (4), the declarant shall give to the board at the first meeting held under section 43, (a)  a copy of the statements described in subsection 147 (1); and (b)  all other material that the regulations require. 1998, c. 19, s. 152 (1); 2015, c. 28, Sched. 1, s. 146 (1). Obligation upon creation of phase (2) Upon the registration of the amendments to the declaration and description required for creating a phase, the declarant shall turn over to the board all materials mentioned in subsections (1) and 43 (4) and clauses 43 (5) (a) to (h) and (l) and (m) that relate to the phase and that the declarant has not previously turned over to the board. 1998, c. 19, s. 152 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 152 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 130) Obligation upon creation of phase (2) Upon the registration of the amendments to the declaration and description required for creating a phase, the declarant shall turn over to the board the following materials that relate to the phase and that the declarant has not previously turned over to the board: 1.  All materials mentioned in subsections (1) and 43 (4) and clauses 43 (5) (a) to (g) and (l) and (m). 2.  Subject to the regulations, the materials mentioned in clause 43 (5) (h), as that clause read immediately before the day subsection 36 (7) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force. 2015, c. 28, Sched. 1, s. 130. Non-application of s. 43 (3) Subsections 43 (4) and (5) do not apply to the declarant if the board is required to hold a meeting of owners under section 43 after the declarant has turned over to the board the materials mentioned in subsection (2). 1998, c. 19, s. 152 (3). Application (4) The corporation may make an application to the Superior Court of Justice for an order under subsection (5). 1998, c. 19, s. 152 (4); 2000, c. 26, Sched. B, s. 7 (7). Court order (5) If the court is satisfied that the declarant is required to comply with subsection (2) and has not done so without reasonable excuse, the court, (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 (2); (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 (2). 1998, c. 19, s. 152 (5). Election of directors (6) If, 30 days after the registration of the amendments to the declaration and description required for creating a phase, the declarant owns a majority of the units in the corporation, the board shall, at the request of the declarant, call a meeting of owners to elect a new board which shall hold office until a board is elected as required by subsection 43 (1). 1998, c. 19, s. 152 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001 2015, c. 28, Sched. 1, s. 130 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017