Let’s talk about the Condominium Property Act
Let’s talk about the Condominium Property Act
What is the Condominium Property Act? How does it help govern condominiums in Saskatchewan? How is a new condominium corporation registered?
Keep reading to find out more about the act!
What legislation governs condominiums in Saskatchewan?
Two pieces of legislation govern condominium corporations in Saskatchewan.
They are:
The Condominium Property Act, 1993
The Condominium Property Regulations, 2001
What is the Condominium Property Act?
Let's start with the basics and discuss what the Condominium Property Act is.
The Condominium Property Act of Saskatchewan, 1993, governs the ownership, management, and sale of condominium properties within the province of Saskatchewan. The Act outlines the responsibilities of developers, unit owners, and condominium corporations, as well as the processes involved in creating, registering, and managing a condominium corporation.
The act is comprised of several parts that address different aspects of condominium ownership and management.
What does the Condominium Property Act outline?
The act outlines these important matters for condominiums in Saskatchewan such as:
- Formation of Condominiums
- Condominium Corporations
- Condominium Fees
- Insurance
- Dispositions of Common Property
- Rental of Residential Units
- Termination of Condominium Status
- Assessment and Taxation
- Dispute Resolutions
How does the act help a new condominium corporation become registered in Saskatchewan?
Several requirements are outlined in the act and must be met if a condominium corporation wishes to become registered in the province of Saskatchewan, an important part of getting the registration process started is to have a Condominium plan. Condominium plans must be following The Condominium Property Act.
Before registration, a surveyor will survey the parcel of land on which the developer is building on and submit a plan to the Controller of Surveys. Once the plan has been submitted, The Controller of Surveys ensures that the plan complies with all the requirements for the condominium plan.
What are the requirements for a condominium plan?
Per section 9 of the Condominium Property Act, some of the requirements for a plan submitted for approval include:
- Illustrating and distinguishing units by numbers.
- Illustrate common property and indicate in the prescribed manner any prescribed common facilities.
- Be signed by the developer and contain any prescribed elements.
- The developer has designated at least one parking unit for each unit.
- Show the approximate area of each unit
- Bear a statement containing any particulars that are necessary to identify the title to the parcel
- Show the external surface boundaries of the parcel and the location of any buildings concerning the boundaries.
Does the Condominium Property Act require a condominium corporation to impose any bylaws?
The short answer? Yes.
Under section 45 of the Condominium Property Act, it is stated that
“On and from the issuance of titles pursuant to a condominium plan, the bylaws prescribed in the regulations are in force for all purposes in relation to the parcel, the units and common property included in the condominium plan until bylaws are made by the corporation.”
If the developer doesn’t create the condominium’s bylaws during the registration, a set of default bylaws is brought into effect. Default bylaws are a general guideline and don’t cover all policies, such as whether or not pets are permitted, move-in and move-out fees, and balcony restrictions, so it is recommended that condominiums develop their own.
What impact has the Condominium Property Act had on the province since it was passed?
The Condominium Property Act was a significant step forward in the regulation of condominium properties. The act introduced important measures to protect the interests of both buyers and owners, established clear guidelines for the management and operation of condominiums, and provided an effective means of dispute resolution. Today, it continues to provide the necessary legal framework for the creation and regulation of condominium properties in Saskatchewan.