Creation
155. (1) Subject to the regulations made under this Act, a declarant may register a declaration and description that create a corporation in which, at the time of the registration,
(a) one or more units are not part of a building or structure and do not include any part of a building or structure; and
(b) none of the units are located above or below any other unit. 1998, c. 19, s. 155 (1).
Type of corporation
(2) The type of corporation created by the registration of declaration and description under subsection (1) shall be known as a vacant land condominium corporation. 1998, c. 19, s. 155 (2).
Requirements for registration
(3) A declaration and description for a vacant land condominium corporation shall not be registered unless the registration would create a freehold condominium corporation that is not a common elements condominium corporation or, except as provided in the regulations made under this Act, a phased condominium corporation. 1998, c. 19, s. 155 (3).
Application
(4) Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a vacant land condominium corporation. 1998, c. 19, s. 155 (4).
Other corporations
(5) This Part does not apply to a corporation that is not a vacant land condominium corporation. 1998, c. 19, s. 155 (5).
Contents of declaration
156. (1) If a unit in a vacant land condominium corporation is to include a building or structure constructed after the registration of the declaration and description, the declaration may contain restrictions with respect to,
(a) the size, location, construction standards, quality of materials and appearance of the building or structure;
(b) architectural standards and construction design standards of the building or structure;
(c) the time of commencement and completion of construction of the building or structure; and
(d) the minimum maintenance requirements for the building or structure. 1998, c. 19, s. 156 (1).
Permitted restrictions
(2) A restriction contained in the declaration shall be consistent with the conditions imposed by the approval authority in approving or exempting the description under section 9. 1998, c. 19, s. 156 (2).
Contents of description
157. (1) A description of a vacant land condominium corporation shall contain, (a) a plan of survey showing the perimeter of the horizontal surface of the land,
the perimeter of the buildings and structures on the common elements and the boundaries of each unit;
(b) subject to section 158, architectural plans of the buildings and structures included in the common elements and, if there are any, structural plans of them;
(c) subject to section 158, a certificate of an architect that the buildings included in the common elements have been constructed in accordance with the regulations and, if there are structural plans, a certificate of an engineer that the buildings have been constructed in accordance with the regulations; (d) a description of all interests appurtenant to the land that are included in the
property; and
(e) all other material that the regulations made under this Act require. 1998, c. 19, s. 157 (1).
Application
(2) Subsection 8 (1) and clause 8 (3) (b) do not apply to vacant land condominium corporations. 1998, c. 19, s. 157 (2).
Buildings on common elements
158. (1) A declaration and description of a vacant land condominium corporation that show buildings, structures, facilities and services to be included in the common elements shall not be registered unless,
(a) all buildings, structures, facilities and services shown in the declaration and description to be included in the common elements have been completed, installed and provided in accordance with the regulations made under this Act; or
(b) the declarant provides to a person or body, including an approval authority, specified by the municipality in which the land is situated, or the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, a bond or other security that is acceptable to the municipality or the Minister, as the case may be, and that is sufficient to ensure that,
(i) the buildings and structures will be completed and installed in accordance with the regulations made under this Act,
(ii) the facilities and services will be installed and provided, and
(iii) the items described in clauses 157 (1) (b) and (c) will be included in an amendment to the description. 1998, c. 19, s. 158 (1).
Partial release
(2) The person holding the bond or other security may provide a partial release of it to the declarant with the consent of the municipality or the Minister of Municipal Affairs and Housing, as the case may be. 1998, c. 19, s. 158 (2).
Full release
(3) The person holding the bond or other security shall not release it in full until, (a) all the buildings, structures, facilities and services to be included in the
common elements have been completed and installed in accordance with the regulations made under this Act; and
(b) the declarant has registered an amendment to the description consisting of the items described in clauses 157 (1) (b), (c) and (e). 1998, c. 19, s. 158 (3).
Consent of owners not required
(4) Section 107 does not apply to an amendment to the description if the amendment complies with clause (3) (b). 1998, c. 19, s. 158 (4).
Status of buildings in corporation
159. (1) The buildings and structures located on a unit or on the common elements of a vacant land condominium corporation, whether or not the buildings and structures had been constructed at the time of the registration of the declaration and description, are real property and form part of the unit or common elements respectively. 1998, c. 19, s. 159 (1).
Insurance
(2) The corporation is exempt from the obligation to obtain and maintain the insurance described in section 99 for buildings and structures located on a unit. 1998, c. 19, s. 159 (2).
Owner to insure
(3) The owner of a unit shall obtain and maintain the insurance for damage to the unit that, but for subsection (2), the corporation would have had to obtain with respect to the unit. 1998, c. 19, s. 159 (3).
By-laws
160. In addition to the power to make, amend or repeal by-laws under subsection 56 (1), the board of a vacant land condominium corporation may, subject to section 56, make, amend or repeal by-laws, not contrary to the declaration, specifying minimum maintenance requirements for a unit or a building or structure located on a unit. 1998, c. 19, s. 160.
Disclosure statement
161. (1) Before delivering the first disclosure statement mentioned in section 72, the declarant with respect to a unit or a proposed unit in a vacant land condominium corporation shall request from the municipality in which the land is situated or from the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, a statement of the services provided by the municipality or the Minister, as the case may be, including the construction and maintenance of roads. 1998, c. 19, s. 161 (1).
Contents
(2) In addition to the material required under subsection 72 (3), a disclosure statement relating to the purchase of a unit or a proposed unit in a vacant land condominium corporation shall include,
(a) whatever statement that the declarant has received from the municipality or the Minister of Municipal Affairs and Housing, as the case may be, in response to a request; and
(b) all other material that the regulations made under this Act require. 1998, c. 19, s. 161 (2).
If no statement received
(3) If the declarant has not received any statement in response to a request within 30 days of making it, the disclosure statement shall contain a statement that the declarant has requested a statement under subsection (1) but has not received any statement in response to the request. 1998, c. 19, s. 161 (3).
Repair and maintenance
162. (1) Subject to the regulations made under this Act, sections 89, 90, 91 and 92 do not apply to a vacant land condominium corporation. 1998, c. 19, s. 162 (1).
Extent of obligations
(2) For the purpose of this section, the obligation to repair after damage includes the obligation to repair and replace after damage or failure and the obligation to maintain includes the obligation to repair after normal wear and tear but does not include the obligation to repair after damage. 1998, c. 19, s. 162 (2).
Common elements
(3) A vacant land condominium corporation shall maintain the common elements and repair them after damage. 1998, c. 19, s. 162 (3).
Units
(4) The owner of a unit in a vacant land condominium corporation shall maintain the owner’s unit and repair it after damage. 1998, c. 19, s. 162 (4).
Work done for owner
(5) If an owner of a unit in a vacant land condominium corporation fails to maintain the owner’s unit within a reasonable time or to repair it within a reasonable time after damage, the corporation may maintain or repair the unit, as the case may be. 1998, c. 19, s. 162 (5).
Cost
(6) An owner shall be deemed to have consented to the repairs or maintenance carried out by the corporation and the cost of the work shall be added to the owner’s contribution to the common expenses. 1998, c. 19, s. 162 (6).
Substantial damage
163. (1) If the board of a vacant land condominium corporation determines under section 123 that substantial damage has occurred to a building located on a unit and the owners do not vote for termination under that section, the owner of the unit may elect,
(a) not to repair the damage; or
(b) to replace the building with a different building, subject to this Act, the declaration and the by-laws. 1998, c. 19, s. 163 (1).
Owner’s duty
(2) An owner of a unit who elects not to repair the damage shall, as closely as is reasonably possible, restore the land on which the building was located to the state that the land was in immediately before the construction of the building. 1998, c. 19, s. 163 (2).
Restoration done by corporation
(3) If the owner of the unit does not do the restoration within a reasonable time, the corporation may do it. 1998, c. 19, s. 163 (3).
Cost
(4) The owner shall be deemed to have consented to the restoration done by the corporation and the cost of the restoration shall be added to the owner’s contribution to the common expenses. 1998, c. 19, s. 163 (4).
PART XIII