jswizzle3737/ontario_laws_and_regs huggingface dataset:
Sale of property
44. (1) Sale of the property or any part of the common elements may be authorized, (a) by a vote of owners who own 80 per cent of the units; (b) by the consent of the persons having registered claims against the property or the part of the common elements, as the case may be, created after the registration of the declaration and description; and (c) if the sale of part only of the common elements includes any portion of the common elements that are to be used by the owners of one or more designated units and not by all the owners, by the consent of the owners of the designated units affected. Execution of conveyance (2) A deed or transfer shall be executed by the authorized officers of the corporation under its seal and a release or discharge shall be given by all persons having registered claims against the property or the part of the common elements, as the case may be, created after the registration of the declaration and description. Effect of registration of conveyance (3) Upon the registration of the instruments mentioned in subsection (2), (a) the government of the property or of the part of the common elements by this Act is terminated; (b) claims against the land and interests appurtenant to the land created before the registration of the declaration and description are as effective as if the declaration and description had not been registered; and (c) claims against the property or the part of the common elements created after the registration of the declaration and description are extinguished. Proceeds (4) Subject to subsection (5), the owners share the proceeds of the sale in the same proportions as their common interests. Rights of dissenters (5) Where a sale is made under this section, any owner who dissented may elect to have the fair market value of the property at the time of the sale determined by arbitration under the Arbitrations Act by serving notice to that effect on the corporation within ten days after the vote, and the owner who served the notice is entitled to receive from the proceeds of the sale the amount the owner would have received if the sale price had been the fair market value as determined by the arbitration. Where proceeds inadequate (6) Where the proceeds of the sale are inadequate to pay the amount determined under subsection (5), each of the owners who voted for the sale is liable for a portion of the deficiency determined by the proportions of their common interests. Expropriation (7) Subject to subsection (8), where any part of the common elements are expropriated under the Expropriations Act, the owners shall share the proceeds in the same proportions as their common interests. Idem (8) Any portion of the proceeds received on expropriation under the Expropriations Act that is attributable to any portion of the common elements that are to be used only by the owners of designated units and not by all the owners shall be divided among the owners of the designated units affected in the proportions in which their interests are affected. R.S.O. 1990, c. C.26, s. 44.
Termination by notice without sale
45. (1) Termination of the government of the property by this Act may be authorized, (a) by a vote of owners who own 80 per cent of the units; and (b) by the consent of the persons having registered claims against the property created after the registration of the declaration and description. Registration of notice (2) Where termination of the government of the property by this Act is authorized under subsection (1), the corporation shall register a notice of termination in the prescribed form, executed by the authorized officers of the corporation under its seal and by all the persons having registered claims against the property created after the registration of the declaration and description. Effect of registration (3) Upon registration of a notice of termination under subsection (2), (a) the government of the property by this Act is terminated; (b) the owners are tenants in common of the land and interests appurtenant to the land described in the description in the same proportions as their common interests; (c) claims against the land and the interests appurtenant to the land described in the description created before the registration of the declaration and description are as effective as if the declaration and description had not been registered; (d) encumbrances against each unit and common interest created after the registration of the declaration and description are claims against the interest of the owner in the land and interests appurtenant to the land described in the description and have the same priority as they had before the registration of the notice of termination; and (e) all other claims against the property created after the registration of the declaration and description are extinguished. R.S.O. 1990, c. C.26, s. 45.
Termination by Court
46. (1) A corporation, any owner, or any person having an encumbrance against a unit and common interest, may apply to the Ontario Court (General Division) for an order terminating the government of the property by this Act. Order (2) The court may order that the government of the property by this Act be terminated if the court is of the opinion that the termination would be just and equitable, and, in determining whether the termination would be just and equitable, the court shall have regard to, (a) the scheme and intent of this Act; (b) the probability of unfairness to one or more owners if termination is not ordered; and (c) the probability of confusion and uncertainty in the affairs of the corporation or the owners if termination is not ordered. Ancillary matters (3) Where an order of termination is made under subsection (2), the court may include in the order any provisions that the court considers appropriate in the circumstances. R.S.O. 1990, c. C.26, s. 46.
Termination
47. When the owners and the property cease to be governed by this Act, (a) the assets of the corporation shall be used to pay any claims for the payment of money against the corporation; (b) the remainder of the assets of the corporation shall be distributed among the owners in the same proportions as the proportions of their common interests. R.S.O. 1990, c. C.26, s. 47. VOTING BY MORTGAGEES
Rights of mortgagees
48. Where a mortgage of a unit and common interest contains a provision that authorizes the mortgagee to exercise the right of the owner to vote or to consent, the mortgagee may exercise the right, and, where two or more such mortgages contain such a provision, the right may be exercised by the mortgagee who has priority. R.S.O. 1990, c. C.26, s. 48. PERFORMANCE OF DUTIES
Application for order to require performance of duties
49. (1) Where a duty imposed by this Act, the declaration, the by-laws or the rules is not performed, the corporation, any owner, the bureau, or any person having a registered mortgage against a unit and common interest, may apply to the Ontario Court (General Division) for an order directing the performance of the duty. Idem (2) The court may by order direct performance of the duty and may include in the order any provisions that the court considers appropriate in the circumstances. Tenant to pay common expense default in lieu of rent (3) Where the owner of a unit who has leased the unit defaults in the owner’s obligation to contribute to the corporation towards the common expenses as provided under subsection 32 (1) and subsection 41 (7), the corporation may by written notice to the lessee require the lessee to pay to the corporation, and upon receipt of such notice the lessee shall pay, out of the rent due under the lease, an amount equal to the default and such payment shall constitute payment toward rent under the lease and the lessee shall not by reason only of such payment to the corporation be in default of the lessee’s obligation under the lease. Application to lessees (4) The lessee of a unit is subject to the duties imposed by this Act, the declaration, the by-laws and the rules on an owner, except those duties respecting common expenses, and this section applies in the same manner as to an owner and, where the lessee is in contravention of an order under this section or where the lessee fails to pay, pursuant to a notice given under subsection (3), the court may terminate the lease. Saving (5) Nothing in this section restricts the remedies otherwise available for failure to perform any duty imposed by this Act. Notification of unit lease (6) Where the owner of a unit leases the unit, the owner shall notify the corporation that the unit is leased and shall provide to the corporation the lessee’s name and the owner’s address. R.S.O. 1990, c. C.26, s. 49. APPLICATION OF THE   PLANNING ACT
Application of subdivision control
50. (1) Clause 47 (1) (b) and section 50 of the Planning Act do not apply in respect of dealings with whole units and common interests. R.S.O. 1990, c. C.26, s. 50 (1). Application of Planning Act (2) Subject to subsection (3), sections 51, 51.1 and 51.2 of the Planning Act apply with necessary modifications to a description under this Act, and a description shall not be registered unless approved or exempted by the approval authority. Application for exemption (3) Before making an application under subsection 51 (16) of the Planning Act, the owner of a property or someone authorized by the owner in writing may apply to the approval authority to have the description exempted from sections 51 and 51.1, or from any provision of them, and where, in the opinion of the approval authority the exemption is appropriate, it may grant the exemption. 1994, c. 23, s. 62. Planning Act, s. 52 not to apply (4) Section 52 of the Planning Act does not apply in respect of descriptions made for the purposes of this Act. R.S.O. 1990, c. C.26, s. 50 (4). SALE AND LEASE OF UNITS
Trust money
53. (1) All money received by or on behalf of a proposed declarant from a purchaser on account of a sale or an agreement for the purchase and sale of a proposed unit for residential purposes before the registration of the declaration and description, other than money paid as rent or as an occupancy charge, shall, despite the registration of the declaration and description thereafter, be held in trust by the person receiving such money for the person entitled thereto in respect of the agreement and such money shall be held in a separate account designated as a trust account at a bank listed in Schedule I or II to the Bank Act (Canada) or trust corporation or a loan corporation or credit union authorized by law to receive money on deposit or a Province of Ontario Savings Office until, (a) its disposition to the person entitled thereto; or (b) delivery of prescribed security to the purchaser for repayment. Interest (2) Where an agreement of purchase and sale referred to in subsection (1) is terminated and the purchaser is entitled to the return of any money paid under the agreement, the proposed declarant shall pay to the purchaser interest on such money at the prescribed rate. Idem (3) Subject to subsection (2), where a purchaser of a proposed unit under an agreement of purchase and sale referred to in subsection (1) enters into possession or occupation of the unit before a deed or transfer of the unit acceptable for registration is delivered to the purchaser, the proposed declarant shall pay interest at the prescribed rate on all money received by the proposed declarant on account of the purchase price from the day the purchaser enters into possession or occupation until the day a deed or transfer acceptable for registration is delivered to the purchaser. Idem (4) Subject to subsections (2) and (3), the proposed declarant is entitled to any interest earned on the money required to be held in trust under subsection (1). R.S.O. 1990, c. C.26, s. 53.
Leases of units
54. (1) A declarant or proposed declarant shall not grant a lease of a unit or proposed unit for residential purposes unless, (a) the lessee has entered into an agreement made in good faith to purchase the unit; (b) the lease grants to the lessee an option made in good faith to purchase the unit; (c) every agreement of purchase and sale of a unit included in the property includes a statement that the unit to be included in the lease is or will be leased and specifies the uses that are or will be permitted by the lease; or (d) written notice of the lessor’s intention to lease the unit has been given to every purchaser under an agreement of purchase and sale, registered owner and mortgagee entitled to vote, and the period referred to in subsection (2) has expired or, where an application is made under subsection (2), it is finally disposed of. R.S.O. 1990, c. C.26, s. 54 (1); 1993, c. 27, Sched. Application to court (2) Any person notified under clause (1) (d) may, within twenty-one days after receiving the notice, and on written notice to the declarant, apply to a judge of the Ontario Court (General Division), and the judge, if he or she is of the opinion that the declarant has not taken all reasonable steps to sell the unit, may by order prohibit the declarant from leasing the unit or grant other relief as he or she considers proper. Contents of notice (3) The notice mentioned in clause (1) (d) shall specify the unit or units intended to be leased and the uses that will be permitted by the lease but need not set out any other terms or identify any proposed lessee. Terms of lease (4) A declarant or proposed declarant may grant leases of a unit or proposed unit for residential purposes for a period in each case not exceeding two years, including renewals, provided that subsection (1) is complied with in respect of each lease. Exemption (5) This section does not apply to the renewal of a lease of a unit or proposed unit where the lease was entered into before any agreement of purchase and sale of any unit or proposed unit included in the property is entered into. Lease defined (6) In this section, “lease” includes a licence to use or occupy and any agreement in the nature of a lease. R.S.O. 1990, c. C.26, s. 54 (2-6).
Offences
55. Every person who knowingly contravenes subsection 26 (3), section 30, subsection 40 (1) or (4), subsection 52 (5), (6) or (7), subsection 53 (1) or subsection 56 (8), or knowingly purports to enter into a lease in contravention of subsection 54 (1) or (4) is guilty of an offence and on conviction is liable to a fine of, (a) not more than $100,000, where the person is a corporation; or (b) not more than $25,000, where the person is other than a corporation. R.S.O. 1990, c. C.26, s. 55. BUREAU
Designating bureau
56. (1) The Lieutenant Governor in Council shall designate a non-profit corporation incorporated without share capital under the Corporations Act to be the bureau for the purposes of this Act. Idem (2) No corporation shall be designated under subsection (1) whose by-laws do not provide for representation of owners of condominium units on the board of directors. Objects (3) Upon its designation, the objects of the corporation are extended to include, (a) advising and assisting the public in condominium matters; (b) assisting in the resolution of disputes between condominium corporations and unit owners and between two or more unit owners and for this purpose appointing review officers and paying their remuneration; (c) disseminating information for the purpose of educating and advising condominium corporations and unit owners concerning condominium matters and the financial, operating and management practices of condominium corporations; and (d) assisting in the formulation and conduct of educational courses for property management. Review officers appointed (4) The bureau shall appoint review officers who shall perform the duties and exercise the powers given to them by this Act and the regulations under the supervision of the bureau and shall perform such other duties as are assigned to them by the bureau. Revenues and expenses (5) All money payable under this Act to the bureau shall be retained by the bureau and applied to defray the expenses incurred and expenditures made in the carrying out of its duties under this Act and otherwise for the purposes of its objects set out in subsection (3). Annual reports (6) The bureau shall make a report annually to the Minister of Consumer and Commercial Relations upon the affairs of the bureau, and the Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. Fee to bureau (7) Each corporation shall pay to the bureau an annual fee in the amount prescribed by regulation for each unit comprising the property and shall file such information and material as is prescribed by the regulations. Filing plans (8) Every declarant shall file with the bureau the material set out in clauses 26 (3) (f), (g), (h) and (i) prior to the meeting required under subsection 26 (1). Bureau not Crown agency (9) The bureau is not a Crown agency within the meaning of the Crown Agency Act. Exemption by bureau (10) The bureau may exempt corporations from the provisions of subsections 36 (2) and (3) as set out in subsection 36 (7). R.S.O. 1990, c. C.26, s. 56.
Regulations
59. (1) The Lieutenant Governor in Council may make regulations, (a) classifying properties for the purposes of the regulations; (b) prescribing the duties of officers appointed under the Land Titles Act or the Registry Act for the purpose of this Act; (c) governing the method of describing in instruments of a property or any part of a property; (d) governing surveys, structural plans, descriptions and diagrams, and prescribing procedures for their registration and amendment; (e) requiring, in respect of any class of properties, in lieu of or in addition to the requirements of section 4, surveys of the properties showing the units and common elements; (f) respecting the registration and recording of declarations, descriptions, by-laws, notices of termination and other instruments; (g) respecting the names of corporations; (h) respecting additions to the common elements; (i) requiring the payment of fees to officers appointed under the Land Titles Act or the Registry Act, and prescribing the amounts thereof; (j) prescribing forms and providing for their use; (k) governing funds intended for the payment of common expenses; (l) requiring and governing the books, accounts and records that shall be kept by condominium corporations and requiring and governing the accounting to members of condominium corporations in such manner and at such times as are prescribed; (m) prescribing security for the purposes of clause 53 (1) (b); (n) prescribing rates of interest that shall be paid on money required to be held in trust under this Act; (o) designating liens or claims for the purposes of clause 33 (2) (d); (p) prescribing statements and information required for the purposes of subsection 32 (8); (q) regulating and governing the duties and powers of review officers appointed under subsection 56 (4); (r) prescribing the amounts of fees that are payable or chargeable under this Act; (s) prescribing information to be filed by corporations with the bureau; (t) prescribing any matter that by this Act is required or permitted to be or referred to as prescribed by the regulations. Application of regulations (2) Any provision of any regulation may be made to apply to all properties or to any class of properties. R.S.O. 1990, c. C.26, s. 59.
Act supersedes agreements
60. This Act applies despite any agreement to the contrary. R.S.O. 1990, c. C.26, s. 60. ______________ Français