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News Release - January 13, 1995 NEW CONDOMINIUM ACT IN EFFECT
Justice Minister Bob Mitchell today announced that the new Condominium
Property Act 1993 is now in effect. "This updated legislation recognizes and addresses many issues in the development and operation of condominiums," Mitchell said. "The old act was written more than 25 years ago. It pre-dated the substantial increase in the number of people buying condominiums as homes." Mitchell said the new act balances the interests of condominium unit owners, condominium boards, and condominium developers by defining new rights and responsibilities for each party. It enhances consumer protection for unit owners, recognizes condominiums as corporations, and defines their responsibilities and administrative scope. Enhanced consumer protection includes requiring developers to: ù provide the condominium corporation with documents relevant to the condominium complex including all warranties and guarantees, working drawings and specifications, and written agreements to which the corporation is a party; ù give prospective unit purchasers a disclosure package containing a copy of the bylaws, any existing or proposed management agreement, and information about parking, exclusive use areas, and tenants; failure to provide this information may entitle a prospective purchaser to rescind the purchase agreement and have the deposit returned. Recognizing that condominiums are corporations which enter into contracts, make investments, make decisions about common property and, in some cases, manage large amounts of money, the act requires corporations to: ù have a board of directors, hold regular annual general meetings, keep proper books of account, and prepare annual financial statements; ù establish a reserve fund to provide for major repairs and replacements, subject to certain conditions, and place a caveat against a unit owner's title when reserve fund or common expense fund fees are in arrears; ù disclose to the subsequent purchaser of a condominium unit information providing a good idea of the financial status of the corporation. A condominium corporation also can apply to have the method of property tax assessment changed if the existing method has an inequitable application among units in the complex. Recognizing that condominium living frequently gives rise to minor disputes between the corporation and a unit owner or between unit owners, the new act also includes a provision permitting the parties to submit to arbitration, a faster and less expensive method of dispute resolution, rather than going to court. The Condominium Property Act 1993 and the Condominium Property Regulations came into effect Jan. 1. Copies of the act and regulations can he obtained from The Queen's Printer, 1971 Smith Street, Regina. Phone: 787-6894. -30- For further information, contact: Lisa Ann Wood Justice Regina Phone: 787-7872 |
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