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Condominium Act (amended)

BILL NO. 180

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008



Private Member's Bill



Condominium Act
(amended)



Diana Whalen
Halifax Clayton Park



First Reading: May 23, 2008

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 adds a Section to the Condominium Act requiring a declarant to hold five per cent of the total sale price of condominium units in trust for five years to pay for prescribed structural repairs.

Clause 2 adds regulation-making powers to provide for matters that must be prescribed with respect to the new Section enacted by Clause 1.

An Act to Amend Chapter 85
of the Revised Statutes, 1989,
the Condominium Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 85 of the Revised Statutes, 1989, the Condominium Act, is amended by adding immediately after Section 11 the following Section:

11A (1) A declarant shall ensure that an amount equivalent to five per cent of the total sale price of all units in a property is held in a trust for five years in accordance with the regulations for the purpose of paying for prescribed structural repairs.

(2) The five-year period referred to in subsection (1) commences on the date that an occupancy permit is issued with respect to the property and, where more than one occupancy permit is issued with respect to the property, the period commences on the date of the occupancy permit last issued.

2 Subsection 46(1) of Chapter 85, as amended by Chapter 49 of the Acts of 1975, Chapter 33 of the Acts of 1996, Chapter 28 of the Acts of 1998, Chapter 6 of the Acts of 2001 and Chapter 10 of the Acts of 2002, is further amended by adding immediately after clause (e) the following clauses:

(ea) prescribing terms and conditions of trusts for the purpose of Section 11A;

(eb) prescribing financial institutions or trustees that may be trustees for the purpose of Section 11A;

(ec) prescribing structural repairs for the purpose of Section 11A;

(ed) respecting occupancy permits and the calculation of the five-year period referred to in subsection 11A(2);


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2008 Crown in right of Nova Scotia. Created May 23, 2008. Send comments to legc.office@novascotia.ca.