Delayed occupancy, condominium homes
  3. (1) Subject to subsections (2) and (3), this section applies to a purchase agreement that the parties have entered into on or after April 1, 1991 and before July 1, 2008 for a condominium home.  O. Reg. 165/08, s. 3 (1). (2) If, before July 1, 2008, parties have entered into one or more arm’s length purchase agreements in good faith for condominium homes in a condominium project, other than one involving a phased condominium corporation or a vacant land condominium corporation, this section applies to all purchase agreements for all condominium homes in the condominium project and section 6 does not apply to any of those purchase agreements.  O. Reg. 165/08, s. 3 (2). (3) If, before July 1, 2008, parties have entered into one or more arm’s length purchase agreements in good faith for condominium homes in a condominium phase, this section applies to all purchase agreements for all condominium homes in the condominium phase and section 6 does not apply to any of those purchase agreements.  O. Reg. 165/08, s. 3 (3). (4) Every vendor under a purchase agreement to which this section applies warrants to the purchaser that the vendor shall compensate the owner in accordance with subsection (5) in the event of, (a) a delay in occupancy of the condominium home that is more than five days beyond the later of the confirmed occupancy date fixed as set out in subsections (7) and (8) and the confirmed occupancy date as extended under clause (12) (a) or (b), if the delay commences on or before June 30, 2009; or (b) a delay in occupancy of the condominium home beyond the later of the confirmed occupancy date fixed as set out in subsections (7) and (8) and the confirmed occupancy date as extended under clause (12) (a) or (b), if the delay commences after June 30, 2009.  O. Reg. 165/08, s. 3 (4). (5) The compensation mentioned in subsection (4) shall be for all direct costs caused by the delay that the purchaser incurs in an amount that does not exceed $100 a day for living expenses and $5,000 in total.  O. Reg. 165/08, s. 3 (5). (6) Subsection (4) does not apply to a period of delay in occupancy caused by strike, fire, flood, act of God or civil insurrection.  O. Reg. 165/08, s. 3 (6). (7) Every purchase agreement to which this section applies shall contain a confirmed occupancy date or a tentative occupancy date, clearly identified as such.  O. Reg. 165/08, s. 3 (7). (8) If the purchase agreement contains a tentative occupancy date, a confirmed occupancy date shall be established by written notice delivered to the purchaser, (a) not more than 30 days after the completion of the roof slab or of the roof trusses and sheathing, as the case may be, or on an earlier date or event set out in the purchase agreement; and (b) at least 120 days before the confirmed occupancy date.  O. Reg. 165/08, s. 3 (8). (9) A confirmed occupancy date established under subsection (8) shall not differ from the tentative occupancy date unless the purchase agreement so permits.  O. Reg. 165/08, s. 3 (9). (10) If a tentative occupancy date has been given and the vendor fails to set a confirmed occupancy date as specified in subsection (8) at least 90 days before the tentative occupancy date, the tentative occupancy date becomes the confirmed occupancy date for the purpose of calculating compensation under subsection (4).  O. Reg. 165/08, s. 3 (10). (11) If the vendor is able to provide occupancy before the confirmed occupancy date, the vendor warrants that occupancy before that date will not be required unless the purchaser consents in writing, and upon such consent, the revised date becomes the confirmed occupancy date for the purpose of calculating compensation payable under subsection (4).  O. Reg. 165/08, s. 3 (11). (12) The vendor may extend the confirmed occupancy date, (a) by a maximum of 120 days if the vendor gives written notice to the purchaser at least 65 days before the confirmed occupancy date; or (b) by a maximum of 15 days if the vendor gives written notice to the purchaser at least 35 days before the confirmed occupancy date or an extension of it under clause (a).  O. Reg. 165/08, s. 3 (12). (13) A breach of the warranty described in subsection (4) is a breach of warranty for the purposes of subsection 14 (3) of the Act.  O. Reg. 165/08, s. 3 (13). (14) No claim for compensation under subsection (4) may be made unless, (a) it is made within one year after the date of possession; (b) the condominium home is occupied; and (c) the purchaser is not in default of the purchaser’s obligations under the purchase agreement.  O. Reg. 165/08, s. 3 (14). (15) If a claim for compensation under subsection (4) is made, compensation shall be calculated from the later of the confirmed occupancy date and the confirmed occupancy date as extended under clause (12) (a) or (b).  O. Reg. 165/08, s. 3 (15).