Sentences with phrase «of the strata corporation established»

(3) If the first annual general meeting of the strata corporation established by the deposit of the first phase of a phased strata plan has not yet been held at the time that a new phase is deposited, the requirements of Part 3 of the Act apply to the new phase as if it were the first phase of a phased strata plan, but

13.2 If a phase other than the first phase of a phased strata plan is deposited, the bylaws of the strata corporation established by the deposit of the first phase, and any amendments to those bylaws, are the bylaws for the new phase.

(a) in respect of the application of section 12 of the Act, the owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund of the strata corporation established by the deposit of the first phase of the phased strata plan,

(4) Subject to subsection (5), if the first annual general meeting of the strata corporation established by the deposit of the first phase of a phased strata plan has been held at the time that a new phase is deposited, sections 6 (2), 12, 13, 14, 18, 20 (2)(a) and (3), 22 (b) and 23 of the Act apply to the new phase as if it were the first phase of a phased strata plan, but

(b) in respect of the application of section 12 of the Act, the owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund of the strata corporation established by the deposit of the first phase of the phased strata plan,

Not exact matches

17.9 If a strata corporation created under the Condominium Act has no bylaw that establishes a schedule for the payment of strata fees, the strata corporation is deemed, on the coming into force of this section, to have the bylaw set out in section 1 of the Standard Bylaws to the Act.

(2) For the purposes of section 108 (4.1) of the Act, the maximum rate of interest that a strata corporation may establish under that section is 10 % per annum compounded annually.

13.3 (1) Despite section 100 of the Act, if an owner developer is in compliance with the dates for the beginning of construction of each phase as set out in the Phased Strata Plan Declaration or amended Phased Strata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deveStrata Plan Declaration or amended Phased Strata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deveStrata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner devestrata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner devestrata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner devestrata corporation obtains the written consent of the owner developer.

(2) Despite any provision of the Act, if an owner developer is in compliance with the dates for the beginning of construction of each phase as set out in the Phased Strata Plan Declaration or amended Phased Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deveStrata Plan Declaration or amended Phased Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deveStrata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner devestrata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner devestrata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner devestrata corporation obtains the written consent of the owner developer:

(ii) a developer, as defined in the Real Estate Act, is exempt under that Act, other than as referred to in paragraph (c) of this section, from the requirement to submit for filing a prospectus and the requirement to submit for filing a disclosure statement with respect to the strata plan establishing that strata corporation,

In conjunction with the above, the Rules require that: (1) a brokerage providing strata management services must establish in its service agreement the brokerage's scope of authority to sign cheques and make disbursements on behalf of its strata corporation clients [section 5 - 1 (5.1)(c)(i)-RSB-; and (2) the service agreement include a brokerage's authority to transfer amounts between brokerage trust accounts maintained for the strata corporation under section 7 - 9 (2) of the Rules [section 5 - 1 (5.1)(b)(i)-RSB-; Therefore, the Real Estate Council, when investigating complaints or conducting an audit regarding a brokerage, will look at service agreements to determine a brokerage's scope of authority relative to withdrawal of funds from trust accounts.

Section 194 of SPA provides that a section has the same powers and duties as the strata corporation in matters that relate solely to the section in respect of certain enumerated matters, including establishing an operating and contingency reserve fund for common expenses of the section.