154 (1) Subject to subsection (2), after the registration of the amendments to the declaration and description required for creating a phase, a corporation may, by resolution of the board, terminate an agreement under which it receives condominium management services in respect of the property contained in the phase and that the declarant entered into on behalf of the corporation before the registration of the amendments. 2015, c. 28, Sched. 2, s. 80 (17). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (1) of the Act is amended by adding “and despite anything in the declaration, a by-law, an agreement or an instrument” after “subsection (2)”. (See: 2015, c. 28, Sched. 1, s. 131 (1)) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (1) of the Act is repealed and the following substituted: This amendment applies only if subsection 131 (1) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force on or before the day subsection 80 (19) of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force. (See: 2015, c. 28, Sched. 2, s. 80 (19), (20)) Termination of agreements (1) Subject to subsection (2) and despite anything in the declaration, a by-law, an agreement or an instrument, after the registration of the amendments to the declaration and description required for creating a phase, a corporation may, by resolution of the board, terminate an agreement under which it receives condominium management services in respect of the property contained in the phase and that the declarant entered into on behalf of the corporation before the registration of the amendments. 2015, c. 28, Sched. 2, s. 80 (19). Notice (2) To terminate an agreement, the board shall give at least 60 days notice in writing of the date of termination to the person with whom the declarant entered into the agreement. 1998, c. 19, s. 154 (2). Other agreements (3) Subject to subsection (4) and subsection 112 (5), within 12 months following the first election of the board under section 43 after the registration of the amendments to the declaration and description required for creating a phase, the corporation may, by resolution of the board, terminate an agreement described in subsection 112 (2), that the declarant has entered into on behalf of the corporation before the registration of the amendments and that affects the property contained in the phase. 1998, c. 19, s. 154 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 131 (2)) Other agreements (3) Subject to subsection (4), subsection 112 (5) and the regulations and despite anything in the declaration, a by-law, an agreement or an instrument, within 12 months following the first election of the board under section 43 after the registration of the amendments to the declaration and description required for creating a phase, the corporation may, by resolution of the board, terminate an agreement described in subsection 112 (2) that the declarant has entered into on behalf of the corporation before the registration of the amendments and that affects the property contained in the phase, other than an agreement mentioned in section 21.1. 2015, c. 28, Sched. 1, s. 131 (2). Notice (4) To terminate an agreement, the board shall give at least 60 days notice in writing of the date of termination to the person with whom the declarant entered into the agreement. 1998, c. 19, s. 154 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (4) of the Act is amended by adding “under subsection (1) or (3)” after “To terminate an agreement”. (See: 2015, c. 28, Sched. 1, s. 131 (3)) Note: On a day to be named by proclamation of the Lieutenant Governor, section 154 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 131 (4)) No liability (4.1) If a corporation terminates an agreement under subsection (1) or (3), the corporation and its directors, officers and owners are not liable for, (a)  any obligations in respect of the termination, including obligations purporting to be incurred as cancellation charges, administration charges, accelerated payments or any other charges, penalties or fees; (b)  any monetary obligations under the agreement respecting any period after the termination takes effect, unless the regulations provide otherwise; or (c)  any other prescribed consequences. 2015, c. 28, Sched. 1, s. 131 (4). Mutual use agreements (5) If a declarant on behalf of a corporation has entered into an agreement for the mutual use, provision or maintenance or the cost-sharing of facilities or services before the registration of the amendments to the declaration and description required for creating a phase, and the agreement affects the property contained in the phase, any party to the agreement may, within 12 months following the first election of the board under section 43 after the registration of the amendments, make an application to the Superior Court of Justice for an order under subsection (6). 1998, c. 19, s. 154 (5); 2000, c. 26, Sched. B, s. 7 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 131 (5)) Shared facilities agreements (5) If a declarant on behalf of a corporation has entered into an agreement to share in the provision, use, maintenance, repair, insurance, operation or administration of any land, any part of a property or proposed property, any assets of a corporation or any facilities or services before the registration of the amendments to the declaration and description required for creating a phase and if the agreement affects the property contained in the phase, any party to the agreement may, within 12 months following the first election of the board under section 43 after the registration of the amendments, make an application to the Superior Court of Justice for an order under subsection (6) unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 131 (5). Court order (6) The court may make an order described in subsection 113 (3) if the requirements of that subsection are met. 1998, c. 19, s. 154 (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. 131 - not in force; 2015, c. 28, Sched. 2, s. 80 (17, 18) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (19, 20) - not in force PART XII   VACANT LAND CONDOMINIUM CORPORATIONS