BILL 6
An Act to Amend the Condominium
Property Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
12 of the Condominium Property Act, chapter 16.05 of the Acts of New
Brunswick, 2009, is amended
(a) by repealing subsection (1) and substituting
the following:
12(1)
The registration of a phased-development condominium property constitutes
a subdivision of land and creates a lot as described in the description
of that phase of the development.
(b) in subsection (2) by striking out “a
subsequent phase of a phased-development condominium property”
and substituting “an
amendment to a declaration and description which creates a subsequent
phase of a phased-development condominium property”.
2 The
Act is amended by addition after section 27 the following:
Names of board members to be provided to
the Director
27.1(1)
Within 15 days after the appointment or election of a director to
a board, the corporation shall submit, in a form prescribed by regulation,
the name and address of the director to the Director.
27.1(2)
On payment of the fee prescribed by regulation, the Director shall
provide any person with a copy, or a certified copy, of a form submitted
under subsection (1).
3 The
Act is amended by adding after section 44 the following:
Amendments to declarations - phased-development
condominium property
44.1(1)
Despite subsection 43(1), a declaration
may be amended without the consent of the owners of the common elements
if the amendment creates a subsequent phase of a phased-development
condominium property.
44.1(2)
Despite subsection (1), if the development proposed in an amendment
differs significantly from the development proposed in the declaration
approved by the Director for the phased-development condominium property,
the amendment requires the consent of the owners of the common elements
in accordance with section 43.
44.1(3)
For the purpose of subsection (2), the Director shall determine whether
the development proposed in an amendment differs significantly from
the development proposed in the declaration he or she approved for
the phased-development condominium property.
Amendments to descriptions - phased-development
condominium property
44.2(1)
Despite subsection 44(1), a description
may be amended without the consent of the owners of the common elements
if the amendment creates a subsequent phase of a phased-development
condominium property.
44.2(2)
Despite subsection (1), if the development proposed in an amendment
differs significantly from the development proposed in the description
approved by the Director for the phased-development condominium property,
the amendment requires the consent of the owners of the common elements
in accordance with section 44.
44.2(3)
For the purpose of subsection (2), the Director shall determine whether
the development proposed in the amendment differs significantly from
the development proposed in the description he or she approved for
the phased-development condominium property.
4 Subsection
65(1) of the Act is amended
(a) by adding after paragraph (d) the following:
(d.1) prescribing
time limits for submitting proof of consent of the owners of the common
elements;
(b) by adding after paragraph (x) the following:
(x.1) prescribing
the form and contents of a notice of directors and a notice of change
of directors;
(x.2) prescribing
the fees for obtaining a copy of a notice of directors or a notice
of change of directors;