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Monday, February 08, 2016
Saskatchewan Justice

The Condominium Property Act, 1993 governs the formation of condominiums and defines the rights and responsibilities of condominium developers, owners and boards. A condominium is created when titles are issued by the Land Registry pursuant to an approved condominium plan. A condominium plan may include units that are used for a variety of purposes, including:

  • residential (apartment-style, townhouses or bare land);
  • commercial;
  • agricultural; and
  • parking or services.

More than one unit type may be found on a plan.

A condominium development consists of units with titles owned by individual unit owners. It also includes common property, such as roads, parking spaces, recreational facilities, elevators and landscaping. Each owner owns a proportionate share of the common property. The amount of an owner's share is based on the unit factor assigned to that owner's unit on the unit factor schedule attached to the condominium plan.

The Act specifies how boundaries for the units within a condominium development are determined, the information that developers must provide, and the requirements for approval of a condominium plan by the Controller of Surveys (such as local authority approval).

The responsibilities of the condominium developer toward prospective purchasers and condominium owners include:

  • providing prospective purchasers with certain information respecting the development;
  • turning over documents relating to the condominium corporation to the board of directors within the time specified in the Act;
  • holding the first annual meeting at which the board of directors is elected within the time specified in the Act; and
  • where required, obtaining financial security to ensure the completion of the project.

A condominium corporation is created when the initial titles are issued for each unit. The individual owners are the members of the corporation with voting rights based on unit factors.

The condominium corporation manages the common property. The corporation levies charges against each unit owner to pay for the management of the common property on a daily basis (common expenses fund) and to pay for major repair and replacement of common property and common facilities (reserve fund). These charges are based on unit factors unless the corporation has by passed bylaws to create a scheme of apportionment under The Condominium Property Regulations, 2001. Provisions in the Act also set out some general requirements for insuring condominiums.

The Act sets out rules respecting the operation of condominium corporations. The Act allows condominium corporations to pass bylaws and provides procedures for settling disputes. It also sets out the functions, powers and responsibilities of boards of directors, elected by the owners, to administer the affairs of the corporation.

As well, the Act provides procedures for the subdivision of units, amendment of condominium plans and bylaws, rental of residential units, termination of condominium status, administering condominium corporations by sectors and other special circumstances, such as when a unit is a homestead under The Enforcement of Money Judgments Act.

The Condominium Property Regulations, 2001 include additional provisions respecting the administration of the Act. They provide the condominium plan format that developers must follow for the plan to be approved by the Controller of Surveys and to have titles issued for the units by the Land Titles Registry.

The regulations set out the rules and procedures relating to the type and amount of financial security developers must obtain when developing phased, bare land or condominiums developed for residential purposes. The regulations include the rules for determining each owner's proportionate contribution to the common expense fund and the reserve fund, and establish procedures for passing bylaws to reapportion these contributions.

The regulations prescribe bylaws that apply to condominium corporations created after January 1, 1995 where the developers do not provide specific bylaws for the corporation. Condominium corporations can amend and replace these bylaws by following the procedure in the Act.

The regulations also prescribe the forms to be used for certain processes and procedures under the Act, including the estoppel certificate, parking space redesignation, security provided by the developer, local authority approval and the unit factor schedule.

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