Definitions
1. (1) In this Act, “auditor” means a person licensed as a public accountant under the Public Accountancy Act; (“vérificateur”) “board” means the board of directors of a corporation; (“conseil”) “buildings” means the buildings included in a property; (“bâtiments”) “bureau” means the corporation designated under section 56; (“Bureau”) “by-law” means a by-law of a corporation; (“règlement administratif”) “claim” includes a right, title, interest, encumbrance, or demand of any kind affecting land, but does not include the interest of an owner in the owner’s unit and common interest; (“réclamation”) “common elements” means all the property except the units; (“parties communes”) “common expenses” means the expenses of the performance of the objects and duties of a corporation and any expenses specified as common expenses in this Act or in a declaration; (“dépenses communes”) “common interest” means the interest in the common elements appurtenant to a unit; (“intérêt commun”) “common surplus” means the excess of all receipts of the corporation over the expenses; (“excédent commun”) “corporation” means a corporation created by this Act; (“association”) “declarant” means the owner or owners in fee simple of the land described in the description at the time of registration of a declaration and description of the land, and includes any successor or assignee of such owner or owners but does not include a purchaser in good faith of a unit who actually pays fair market value or any successor or assignee of such purchaser; (“déclarant”) “declaration” means the declaration specified in section 3, and includes any amendments; (“déclaration”) “description” means the description specified in section 4; (“description”) “encumbrance” means a claim that secures the payment of money or the performance of any other obligation, and includes a charge under the Land Titles Act, a mortgage and a lien; (“sûreté réelle”) “mortgage” includes charge and “mortgagee” includes chargee; (“hypothèque”, “créancier hypothécaire”) “owner” means the owner or owners of the freehold estate or estates in a unit and common interest, but does not include a mortgagee unless in possession; (“propriétaire”) “prescribed” means prescribed by the regulations; (“prescrit”) “property” means the land and interests appurtenant to the land described in the description, and includes any land and interests appurtenant to land that are added to the common elements; (“propriété”) “proposed unit” means land described in an agreement of purchase and sale that provides for delivery to the purchaser of a deed or transfer capable of registration after a declaration and description have been registered in respect of the land; (“partie privative projetée”) “records” includes those items enumerated in subsection 26 (3) and financial records prepared on behalf of the corporation, minutes of owners’ meetings and board meetings, as well as any amendments to the declaration, by-laws and rules; (“dossiers”) “registered” means registered under the Land Titles Act or the Registry Act; (“enregistré”) “regulations” means the regulations made under this Act; (“règlements”) “special by-law” means a by-law that is not effective until it is, (a) passed by the board, and (b) confirmed, with or without variation, by owners who own not less than two-thirds of the units at a meeting duly called for that purpose; (“règlement administratif spécial”) “surveyor” means an Ontario land surveyor registered under the Surveyors Act; (“arpenteur”) “unit” means a part or parts of the land included in the description and designated as a unit by the description, and comprises the space enclosed by its boundaries and all the material parts of the land within this space in accordance with the declaration and description. (“partie privative”) Ownership of land (2) For the purposes of this Act, the ownership of land includes the ownership of space. R.S.O. 1990, c. C.26, s. 1. Declaration and Description