Antecedentes de la apropiación de la salsa en Colombia

Termination with consent

122. (1) A corporation shall register a notice terminating the government of the property by this Act if,

(a) the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of termination; and

(b) at least 80 per cent of those persons who, at the date of the vote, have

registered claims against the property, that were created after the registration of the declaration and description that made this Act applicable to the

property, consent in writing to the termination. 1998, c. 19, s. 122 (1). Notice of termination

(2) The notice of termination shall be in the form prescribed by the Minister, shall be signed by the authorized officers of the corporation and shall include a certificate stating that the persons described in clause (1) (b) have consented in writing to the termination. 1998, c. 19, s. 122 (2).

Termination upon substantial damage

123. (1) The registration of a notice under subsection (7) terminates the government of the property by this Act. 1998, c. 19, s. 123 (1).

Definition

(2) In this section,

“substantial damage” means damage for which the cost of repair is estimated to equal or exceed 25 per cent of the replacement cost of all the buildings and structures located on the property. 1998, c. 19, s. 123 (2).

Estimates of damage

(3) If damage occurs to a building or a structure located on the property that, in the opinion of the board, may constitute substantial damage, the board shall have at least two persons, who shall have no affiliation with the board and who, in the opinion of the board, are qualified, make estimates of the damage within 30 days after the occurrence of the damage. 1998, c. 19, s. 123 (3).

Determination by board

(4) The board shall determine whether, based on the estimates, there has been substantial damage. 1998, c. 19, s. 123 (4).

Notice of determination

(5) If the board determines that there has been substantial damage, it shall give notice of its determination to the owners. 1998, c. 19, s. 123 (5).

Contents of notice

(6) The notice shall specify that,

(a) the owners have the right, in accordance with section 46 and within 30 days of receiving the notice, to requisition a meeting of owners; and

(b) the board is required to register a notice terminating the government of the property by this Act if the condition described in subsection (7) is met. 1998, c. 19, s. 123 (6).

Vote for termination

(7) The board shall register a notice terminating the government of the property by this Act if the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of termination. 1998, c. 19, s. 123 (7).

Form of notice

(8) The notice shall be in the form prescribed by the Minister and shall be signed by the authorized officers of the corporation. 1998, c. 19, s. 123 (8).

Time of registration

(9) The board shall register the notice within 30 days of a vote in favour of termination under subsection (7). 1998, c. 19, s. 123 (9).

Repairs if no termination

(10) If there is no vote in favour of termination under subsection (7), the corporation shall, within a reasonable time, repair the damage to the building or structure located on the property. 1998, c. 19, s. 123 (10).

Termination upon sale of property

124. (1) If the corporation sells the property or a part of the common elements, this Act ceases to govern the property being sold. 1998, c. 19, s. 124 (1).

Authorization of sale

(2) The corporation shall not sell the property or a part of the common elements unless, (a) the owners of at least 80 per cent of the units, at the date of the vote, vote in

favour of the sale;

(b) at least 80 per cent of those persons who, at the date of the vote, have registered claims against the property being sold, that were created after the registration of the declaration and description that made this Act applicable to the property being sold, consent in writing to the sale; and

(c) if the sale is for only part of the common elements and includes common elements that are for the use of the owners of certain designated units and not all the owners, the owners of the designated units consent in writing to the sale. 1998, c. 19, s. 124 (2).

Conveyance

(3) When a sale takes place, the board shall deliver to the purchaser the following documents signed by the authorized officers of the corporation: a deed and a certificate in the form prescribed by the Minister stating that the persons who, under subsection (2), are required to vote in favour of the sale or consent in writing to the sale have done so. 1998, c. 19, s. 124 (3).

Proceeds

(4) Subject to subsection (5), the owners at the time of the registration of the deed shall share the net proceeds of the sale in the same proportions as their common interests. 1998, c. 19, s. 124 (4).

Same

(5) The portion of the proceeds of the sale that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, and not all the owners, shall be divided among the owners of the designated units in the proportions in which their interests are affected. 1998, c. 19, s. 124 (5).

Right of dissenters

125. (1) A corporation that has made a sale under section 124 and every owner in the corporation shall be deemed to have made an agreement that an owner who has dissented on the vote authorizing the sale may, within 30 days of the vote, submit to mediation a dispute over the fair market value of the property or the part of the common elements that has been sold, determined as of the time of the sale. 1998, c. 19, s. 125 (1). Application of s. 132

(2) If an owner submits a dispute to mediation, section 132 applies to the dispute with necessary modifications as if it were a disagreement under that section. 1998, c. 19, s. 125 (2).

Notice

(3) An owner who submits a dispute to mediation shall give the corporation notice of intention within 10 days after the vote authorizing the sale. 1998, c. 19, s. 125 (3).

Entitlement to amount

(4) An owner who serves a notice of intention 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. 1998, c. 19, s. 125 (4).

Deficiency

(5) The corporation shall pay to each of the owners who served a notice of intention, the deficiency in the amount to which the owner is entitled if the proceeds of the sale are inadequate to pay the amount. 1998, c. 19, s. 125 (5).

Liability

(6) The owners other than those who dissented on the vote authorizing the sale are liable for the amount of the deficiency payments determined by the proportions of their common interests. 1998, c. 19, s. 125 (6).

Common expenses of other owners

(7) The corporation shall add the amount of the liability of each of the owners who voted in favour of the sale to the common expenses appurtenant to the units of those owners and may specify a time for payment by each of those owners. 1998, c. 19, s. 125 (7).

Expropriation

126. (1) Upon expropriation of the property or a part of the common elements under the Expropriations Act, this Act ceases to govern the property or the part of the common elements, as the case may be. 1998, c. 19, s. 126 (1).

Proceeds

(2) Subject to subsection (3), if part of the common elements is expropriated under the

Expropriations Act, the owners shall share the proceeds in the same proportions as their common interests. 1998, c. 19, s. 126 (2).

Same

(3) The portion of the proceeds received on expropriation under the Expropriations Act

that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, and not all the owners, shall be divided among the owners of the designated units in the proportions in which their interests are affected. 1998, c. 19, s. 126 (3).

Effect of registration

127. (1) Upon registration of a notice of termination under section 122 or 123, (a) this Act ceases to govern the property;

(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, that were created before the registration of the declaration and description that made this Act applicable to the land, are as effective as if the declaration and description had not been registered;

(d) encumbrances against each unit and common interest, that were created after the registration of the declaration and description that made this Act

applicable to the unit, are claims against the interests 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 that were created after the registration of the declaration and description that made this Act applicable to the property are extinguished. 1998, c. 19, s. 127 (1).

Same, sale or expropriation

(2) Upon the registration of a deed and a certificate under section 124 or upon expropriation under section 126,

(a) this Act ceases to govern the property being sold or expropriated, as the case may be;

(b) claims against the land and interests appurtenant to the land, that were created before the registration of the declaration and description that made this Act applicable to the land, are as effective as if the declaration and description had not been registered; and

(c) claims against the property being sold or expropriated, as the case may be, that were created after the registration of the declaration and description that made this Act applicable to that property, are extinguished. 1998, c. 19, s. 127 (2).

Termination by court

128. (1) A corporation, an owner, or a person having an encumbrance against a unit and common interest, may make an application to the Ontario Court (General Division) for an order terminating the government of the property by this Act. 1998, c. 19, s. 128 (1).

Note: On the day Part VIII comes into force, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule B, subsection 7 (7) by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”. See: 2000, c. 26, Sched. B, ss. 7 (7), 20 (6).

Grounds for 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, having regard to,

(a) the scheme and intent of this Act;

(b) the probability of unfairness to the owners if the court does not order termination;

(c) the probability of confusion and uncertainty in the affairs of the corporation or of the owners if the court does not order termination; and

(d) the best interests of the owners. 1998, c. 19, s. 128 (2). Contents of order

(3) The court may include in the order all provisions that it considers appropriate in the circumstances. 1998, c. 19, s. 128 (3).

Registration of order

(4) If the court makes an order terminating the government of the property by this Act, the applicant shall register the order. 1998, c. 19, s. 128 (4).

Distribution of assets

129. When the owners and the property cease to be governed by this Act,

(a) the assets of the corporation shall be used to pay all claims for the payment of money against the corporation; and

(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. 1998, c. 19, s. 129.

PART IX