Condominium Regulation

Condominium Regulation, M.R. 164/2014 The Condominium Act , C.C.S.M. c. C170 Regulation 164/2014 Registered June 13, 2014 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions PART 2 CONDOMINIUM REGISTRATION 2 Additional content for declaration — leasehold estate 3 Notice — proposed registration of declaration 4 Notice — registration of declaration 5 Condominium conversion — rental units on bare land unit PART 3 SALES OF UNITS 6 Disclosure to buyer — sale of proposed unit 7 Disclosure to buyer — sale of unit after registration 8 Right to cancel — cooling-off period 9 Right to cancel — material change 10 Table of contents 11 Additional documents to be given 12 Seller to disclose material change 13 Status certificate PART 4 ADDITIONAL TURN-OVER REQUIREMENTS 14 Documents and items to be turned over PART 5 CONDOMINIUM CORPORATION RECORDS 15 Records 16 Manner of maintaining records 17 Maintenance period or version PART 6 CONDOMINIUM CORPORATION FINANCIAL MATTERS 18 Reader's aid — reserve fund 19 Reserve fund study requirements 20 Component inventory 21 Requirements for person conducting the reserve fund study 22 Physical analysis 23 Financial analysis 24 Reserve fund study summary 25 Who may conduct a reserve fund study 26 Condominium corporation to notify owners reserve fund study is available 27 Information — insurance coverage 28 Updates 29 Time period for conducting studies 30 Investments 31 Financial statements to include additional information about reserve fund studies 32 Financial statements to include information about disclosures 33 Auditor requirements 34 Auditor's report requirements 35 Additional claims over which a lien does not have priority PART 7 CHANGES TO COMMON ELEMENTS AND COMMON ASSETS 36 Agreement between unit owner and condominium corporation to change common elements PART 8 INSURANCE — APPRAISAL 37 Appraisal requirement PART 9 RESIDENTIAL TENANCY AGREEMENTS AND COMMERCIAL LEASES 38 Notice to redirect rent — tenants 39 Written termination notice 40 Notice to redirect rent — commercial lessees 41 Levy amount PART 10 COMPLIANCE AND DISPUTE RESOLUTION 42 Maximum fine amount, times and frequency 43 Appeals 44 Appeal practice and procedures 45 Decisions by appeal commissioner 46 Appeal costs PART 11 PHASING AMENDMENTS 47 Owner-developer must deliver records, etc. to the board PART 12 AMALGAMATION 48 Additional information for proposal to amalgamate 49 Notice content PART 13 WITHDRAWAL 50 Withdrawal notice PART 14 LIST OF FORMS, REPEAL AND COMING INTO FORCE 51 Forms 52 Repeal 53 Coming into force Schedule A Important Information About Your Rental Rights (notice of proposed registration) B Important Information About Your Rental Rights (notice of registration) C Maintenance period or version D Forms PART 1 INTERPRETATION Definitions 1(1) The following definitions apply in this regulation. "Act" means The Condominium Act . («  Loi  ») "appeals commissioner" means the Director of Residential Tenancies acting under subsection 218(8) of the Act, or a government employee acting under a delegation pursuant to subsection 218(9) of the Act. (« commissaire aux appels ») "component inventory" means the component inventory as described in section 20. (« inventaire des éléments ») "current age" , in relation to an item or type of item, means the actual or estimated number of years between the date of the reserve fund study or latest update and the later of the following dates: (a) the installation date or the date of first use, as determined by the person conducting the reserve fund study; (b) the date of renewal, refurbishment or reconditioning by major repair or replacement. (« âge actuel ») "current cost" means, for each year covered by the reserve fund study or update, the estimated cost in that year as adjusted by the assumed annual inflation rate. (« coût actuel ») "ideal balance" , in respect of a reserve fund, means the pro-rated cost liability for the repair and replacement of the items or types of items in the condominium corporation's component inventory in any year covered by the reserve fund study. (« solde idéal ») "Schedule" means a schedule to this regulation. (« annexe ») "special assessment" means a special assessment referred to in section 142 of the Act. (« contribution spéciale ») 1(2) For the purpose of the Act and this regulation, "property lease" includes a sub-lease of that property lease. 1(3) For the purpose of the Act and this regulation, the "useful life span" of an item or type of item is calculated as follows: (a) the estimated length of time between the installation date or the date of first use, as determined by the person conducting the reserve fund study or update and the date that a major repair or replacement of that item or type of item is expected to be required; (b) if the item or items of that type have been renewed, refurbished or reconditioned by major repair or parts replacement, the estimated length of time between the date of the renewal, refurbishment or reconditioning and the date that another major repair or replacement of that item or type of item is expected to be required. PART 2 CONDOMINIUM REGISTRATION Additional content for declaration — leasehold estate 2 For the purpose of clause 13(5)⁠(e) of the Act, the additional information required for a condominium corporation's declaration in respect of a leasehold estate in land is as follows: (a) a statement that the declaration is for a leasehold condominium corporation; (b) the rental rate or rates payable under the property lease for at least the first five years after the date of registration of the declaration; (c) a method or criteria for determining the rental rate or rates payable during the remainder of the term of the property lease. Notice — proposed registration of declaration 3(1) For the purpose of section 28 of the Act, a notice of the proposed registration of a declaration and plan must contain the following information: (a) the name of the tenant or holder of a right of first refusal; (b) the address of the rental unit; (c) the address of the residential complex; (d) a statement of the owner's intention to register a declaration under the Act that will affect the rental unit and residential complex; (e) the approximate date that the declaration will be submitted for registration, which is to be within 12 months after the date on which a notice of the proposed registration is given to the first tenant to be given a notice of it; (f) the statement set out in Schedule A. 3(2) The information in the statement set out in Schedule A must be expressed clearly and in a way that is likely to bring the information to the attention of the tenant or holder of a right of first refusal. Notice — registration of declaration 4(1) For the purpose of subsection 29(1) of the Act, a notice of the registration of a declaration and plan must contain the following information: (a) the name of the tenant or holder of a right of first refusal; (b) the address of the rental unit; (c) the address of the residential complex; (d) the date of registration of the declaration; (e) the length of time the tenant or holder of a right of first refusal will be entitled to continue living in the rental unit after receiving notice of the registration; (f) a copy of subsections 30(1) and (2) of the Act; (g) the statement set out in Schedule B. 4(2) The information in the statement set out in Schedule B must be expressed clearly and in a way that is likely to bring the information to the attention of the tenant or holder of a right of first refusal. Condominium conversion — rental units on bare land unit 5(1) This section applies if a bare land unit on which a residential complex is located is to be divided into units and common elements by the registration of a phasing amendment. 5(2) Section 3 of this regulation and the definition "condominium conversion" in section 1 of the Act, the definition "existing tenured rental unit" in section 5 of the Act, and clauses 7(2)⁠(b) and (c) and sections 26 to 31 of the Act apply with necessary modifications as if the registration of the phasing amendment were the registration of a declaration. PART 3 SALES OF UNITS Disclosure to buyer — sale of proposed unit 6 For the purpose of clause 51(1)⁠(a) of the Act, the requirements are set out in Form 1. Disclosure to buyer — sale of unit after registration 7(1) For the purpose of clauses 51(2)⁠(a) and (l) of the Act, the requirements are set out in Form 2A, 2B or 2C. 7(2) For the purpose of clause 51(2)⁠(b) of the Act, the requirements are set out in Form 3. 7(3) For the purpose of clause 51(2)⁠(a), an owner of all the units in a property must use Form 2A. Right to cancel — cooling-off period 8(1) For the purpose of clauses 51(1)⁠(g) and (2)⁠(h) of the Act, the statement about the cooling-off period and the buyer's right to cancel the agreement of purchase and sale for a unit or proposed unit must contain the information set out in Form 4. 8(2) Within the set of disclosure documents given to the buyer, the statement must be placed as the first document in the set so as to bring the information to the attention of the reader. Right to cancel — material change 9(1) For the purpose of clauses 51(1)⁠(h) and (2)⁠(i) of the Act, a statement about the buyer's right to cancel the agreement of purchase and sale for a unit or proposed unit in the event of a material change must include the information set out in Form 5. 9(2) Within the set of disclosure documents given to the buyer, the statement must be placed as the second document in the set so as to bring the information to the attention of the reader. Table of contents 10 For the purpose of clause 51(4)⁠(a) of the Act, the applicable table of contents is set out in Form 6A or 6B. Additional documents to be given 11(1) For the purpose of clause 51(1)⁠(i) of the Act, the seller must give the buyer a copy of excerpts of either the proposed plan to be submitted for registration or the plan that is registered for that property, indicating (a) the shape and boundaries of the unit and the location of the unit in relation to the other units; (b) the location of the unit with reference to the building and to the level, if any; and (c) the common elements intended for the exclusive use of the unit owner. 11(2) For the purpose of clause 51(2)⁠(o) of the Act, the seller must give the buyer (a) a copy of the declaration; (b) every amendment registered under the Act; (c) any proposed amendments to the declaration that have been approved but not yet been registered; (d) a copy of the current reserve fund study or the latest update to it, or a copy of the summary of the study or update; and (e) a copy of excerpts of either the proposed plan to be submitted or the plan that is registered for that property setting out the information referred to in clauses (1)⁠(a), (b) and (c). Seller to disclose material change 12 For the purpose of subclause 52(1)⁠(a)⁠(ii) of the Act, the information that the seller must give to the buyer as soon as practicable after becoming aware of the material change is set out in Form 7. Status certificate 13 For the purpose of section 61 of the Act, the status certificate form is set out in Form 8. PART 4 ADDITIONAL TURN-OVER REQUIREMENTS Documents and items to be turned over 14 For the purpose of clause 78(1)⁠(j) of the Act, the following additional documents and items must be turned over at or within 30 days after a turn-over meeting: (a) any monies collected on behalf of or for the benefit of the condominium corporation, including any leasing levies, common expense and reserve fund contributions that have not been deposited into the general or reserve fund account; (b) every written notice of a tenancy agreement or commercial lease; (c) every written notice of a termination of a tenancy agreement or commercial lease; (d) every report (such as engineering, architectural or actuarial reports) commissioned or received by the condominium corporation or the declarant; (e) any performance audit in respect of the common elements; (f) any warranty or guarantee in respect of units that the condominium corporation is obligated to repair or maintain. PART 5 CONDOMINIUM CORPORATION RECORDS Records 15 For the purpose of clause 131(1)⁠(z) of the Act, the following records must be kept by a condominium corporation: (a) every disclosure of interests by a director under subsection 105(1) of the Act; (b) every disclosure of interests by an officer under subsection 107(1) of the Act; (c) the current reserve fund study and updates to it, if any; (d) the previous two reserve fund studies and their updates; (e) every report (such as engineering, architectural or actuarial reports) commissioned or received by the condominium corporation; (f) every performance audit in respect of the common elements; (g) every warranty or guarantee in respect of units that the condominium corporation is obligated to repair or maintain. Manner of maintaining records 16(1) A condominium corporation must maintain the required records in paper form (including in the form of a printout) or must be able to produce them in an electronically readable format. 16(2) The condominium corporation must maintain the records in a secure location and must provide for a paper and electronic records recovery plan. Maintenance period or version 17 The period for the maintenance of the records or the version of the records to be maintained is set out in the table in Schedule C. PART 6 CONDOMINIUM CORPORATION FINANCIAL MATTERS Reserve Funds Reader's aid 18 See section 143 of the Act for the purpose of the reserve fund and the types of repairs and replacements that may be funded by the reserve fund. See section 148 of the Act for the purpose of the reserve fund study. Reserve fund study requirements 19(1) A reserve fund study must be dated and must consist of (a) the condominium corporation's component inventory described in section 20; (b) a physical analysis described in section 22; (c) a financial analysis described in section 23; (d) a summary of the study described in section 24; and (e) the information about the person who conducted the study set out in subsection 25(4). 19(2) A reserve fund study may also contain further information and analysis that the person conducting the study or the board considers appropriate. 19(3) The board must determine the period that the reserve fund study is to cover, which must be at least 30 years. Component inventory 20(1) For the purpose of a reserve fund study, a component inventory means a detailed list of the common elements, the common assets and, if applicable, any other item or items for which the condominium corporation is responsible — either listed individually or grouped together as a collection of items of the same type — that meet both of the following criteria: 1. An item or group of items of the same type that requires or is expected to require major repair or replacement and in respect of which the cost of the repair or replacement is a common expense. 2. An item or group of items of the same type for which (a) the major repair or replacement cost is $1,000 or more; or (b) the major repair or replacement cost is less than $1,000 and the cost is not normally covered by the condominium corporation's budget as an operating expense. 20(2) Despite paragraph 2 of subsection (1), a group of items of the same type for which the total cost of major repair or replacement is $1,000 or more may be excluded from the component inventory if (a) the repair or replacement cost of each individual item is less than $500; and (b) the cost is normally covered by the condominium corporation's budget as an operating expense. Requirements for person conducting the reserve fund study 21 The person conducting a reserve fund study must (a) physically attend at the property to visually assess, to the extent practicable, the items or types of items in the component inventory; (b) interview those directors, officers, employees and agents of the condominium corporation, and any other provider of a service or services to the corporation or its employees or agents, whom the person conducting the study considers appropriate; (c) review the condominium corporation's declaration, plan and by-laws; (d) include a statement in the study that the person meets the requirements in this regulation for conducting a reserve fund study; and (e) sign the reserve fund study. Physical analysis 22(1) A physical analysis must consist of an assessment of each item or type of item in the component inventory and a statement in the reserve fund study of (a) its current age; (b) its useful life span; and (c) the remaining years in the item or type of item's useful life span as of the date of the reserve fund study. 22(2) In determining an item's remaining useful life span, the assessment must take into account the item's current condition, previous known maintenance on the item, and any anticipated future maintenance required for the item. Financial analysis 23(1) A financial analysis must consist of (a) a statement of the current reserve fund balance; (b) a statement of the assumed annual inflation rate and the assumed annual interest rate; (c) a projected repair and replacement schedule showing for each year covered by the reserve fund study the current cost of each major repair or replacement for an item or type of item; (d) a schedule setting out for each year covered by the reserve fund study (i) the projected reserve fund balance, assuming annual contributions at the rate specified in the budget (as required by clause 144(1)⁠(b) of the Act) for the year in which the study is done, and the estimated interest at the assumed annual interest rate, (ii) the total current cost of the major repairs and replacements to be done that year, and (iii) the reserve fund surplus or deficit after the total cost under subclause (ii) is deducted from the projected reserve fund balance under subclause (i); and (e) a statement of the reserve fund's ideal balance for each year covered by the reserve fund study. 23(2) To calculate the ideal balance for a reserve fund for each year covered by a reserve fund study, the person conducting the reserve fund study must (a) apply the formula in subsection (3) to each item or type of item in the component inventory; and (b) add together each amount calculated under clause (a). 23(3) The following formula applies for the purpose of subsection (2): (current age ÷ useful life span) × current cost 23(4) As part of the financial analysis, the person conducting the reserve fund study must review the following records and documents if they are in the custody or under the control of the condominium corporation: (a) existing warranties, guarantees and service contracts for each item in the component inventory; (b) architectural, structural, engineering, mechanical, electrical and plumbing plans for the buildings and structures on the property; (c) plans and specifications for the buildings and structures on the property; (d) plans and specifications for roads, sidewalks and surface parking areas; (e) plans and specifications for underground site services, site grading, drainage and landscaping, and television, radio or other communications services for the property; (f) repair and maintenance records and schedules; (g) any other records of the condominium corporation that the person conducting the study requires to conduct the analysis. Reserve fund study summary 24(1) A reserve fund study summary must include (a) the balance in the reserve fund as of the date of the study; (b) for each year covered by the reserve fund study, (i) the ideal balance of the reserve fund, (ii) the total current cost under subclause 23(1)⁠(d)⁠(ii) for major repairs and replacements anticipated during that year; and (c) the opinion of the person conducting the reserve fund study as to whether the current rate of funding of the reserve fund will be adequate to fund the anticipated expenditures for the major repair or replacement of the items or types of items in the component inventory. 24(2) In addition to the information mentioned in subsection (1), a reserve fund summary must include the following statements: Caution: The ideal balance of the reserve fund is the amount recommended for each year of the reserve fund study to pay for major repairs and replacements. It is based on estimates of when the work will be needed. If there is not enough money in the reserve fund to pay for major repairs and replacements, the unit owners may have to pay for those costs through a special assessment. When comparing the actual balance with the ideal balance, be aware that some work may be done earlier or later than expected, or may be paid for from an account other than the reserve fund. When this happens, the comparison may no longer show whether the amount of money in the reserve fund is adequate. 24(3) For the purpose of clauses 51(1)⁠(c) and (2)⁠(n) and 251(3)⁠(c) of the Act, a summary of the reserve fund study means the summary described in this section. Who may conduct a reserve fund study 25(1) Subject to subsections (2) and (3), only the following persons may conduct a reserve fund study: (a) a person who holds a valid registration under The Architects Act to practise as an architect in Manitoba; (b) a person who holds a valid registration under The Engineering and Geoscientific Professions Act to practise as a professional engineer in Manitoba; (c) a person who holds a valid certificate as a certified applied science technologist or certified engineering technologist under The Certified Applied Science Technologists Act ; (d) a member of the Appraisal Institute of Canada who holds a valid designation as an Accredited Appraiser Canadian Institute; (e) a member of the Real Estate Institute of Canada who holds a valid designation as a Certified Reserve Planner. 25(2) A person who conducts a reserve fund study may not be (a) a director, officer or employee of the condominium corporation; (b) a manager under a property management agreement with the condominium corporation; (c) a partner, employer or employee of a person referred to in clause (a) or (b); (d) the spouse, common-law partner, son or daughter of a director or officer of the condominium corporation or the son or daughter of the spouse or common-law partner of a director or officer of the condominium corporation; (e) a unit owner of the condominium corporation; or (f) an occupant of a unit in the property. 25(3) Despite subsections (1) and (2), a person may conduct a reserve fund study (other than a study required under section 50 of the Act) if (a) the property that is the subject of the reserve fund study meets each of the following criteria: (i) it includes fewer than 10 units, (ii) it does not include any building that is more than two storeys above ground, (iii) it does not contain an elevator, (iv) it does not include underground parking facilities; and (b) the person is knowledgeable — in the board's opinion and based on reasonable and objective criteria — about the items or types of items included in the component inventory, their operation or maintenance and their repair or replacement cost. 25(4) A person who conducts a reserve fund study must include in the study (a) a statement of the person's credentials for conducting the study, including any relevant knowledge, experience and professional qualifications and whether he or she meets a requirement under subsection (1); (b) a statement disclosing any direct or indirect interest in any agreement or transaction to which the condominium corporation is a party; and (c) in the case of a person referred to in clause (3)⁠(b), a statement disclosing whether he or she is also a person described in subsection (2). Condominium corporation to notify owners reserve fund study is available 26 A condominium corporation must notify the unit owners that a reserve study or update or a summary of it has been done and make copies of it available to them as soon as practicable after it is conducted. Information — insurance coverage 27 A person who conducts a reserve fund study must provide to the condominium corporation, at its request, (a) details about the person's insurance coverage, including the type and amount of the coverage and any deductible; and (b) a copy of the insurance policy certificate, if any. Updates 28 Sections 19 to 27 apply to updates to reserve fund studies, with the necessary changes. Time period for conducting studies 29(1) A condominium corporation created on or after the day of the coming into force of the Act must ensure that a reserve fund study is conducted within three years after the day the declaration and plan are registered. 29(2) A condominium corporation must ensure a reserve fund study is updated by the end of the fifth year covered by the study or latest update. 29(3) Subject to subsection (4), a condominium corporation created before the day of the coming into force of the Act must ensure that a reserve fund study is conducted within three years after that day. 29(4) If the board is of the opinion that a reserve fund study conducted within two years before the day of the coming into force of the Act substantially meets the requirements in sections 19 to 23, the condominium corporation (a) is not required to ensure that a new study is conducted; and (b) must ensure that the reserve fund study is updated as required by subsection (2). 29(5) Despite subsection (2), an amalgamated corporation must ensure that a reserve fund study is updated by the end of the fifth year covered by the earliest completed reserve fund study referred to in clause 251(3)⁠(c) of the Act. 29(6) This section does not apply to a reserve fund study that is required to be conducted under section 50 of the Act. Instead, the declarant, the owner-developer or the subsequent owner of all the units must ensure that such a reserve fund study is updated by the end of the fifth year covered by the study or latest update. Investments Investments 30 A condominium corporation may invest the money in its general account or accounts and its reserve fund only in one or more of the following: (a) an account with a financial institution that is a member institution under the Canada Deposit Insurance Corporation Act (Canada) or with a credit union or caisse populaire to which The Credit Unions and Caisses Populaires Act applies; (b) bonds, debentures or indebtedness of, or guaranteed by, the government of Canada or of a province of Canada; (c) securities the payment of which is a charge on the consolidated revenue fund of the government of Canada or of a province of Canada; (d) investments that are fully insured by the Canada Deposit Insurance Corporation or fully guaranteed by a guarantee corporation under The Credit Unions and Caisses Populaires Act ; (e) mortgage-backed securities that are fully guaranteed by the government of Canada or a crown corporation. Financial Statements Financial statements to include additional information about reserve fund studies 31 For the purpose of clause 150(1)⁠(d) of the Act, a condominium corporation must include in the financial statements for that fiscal year a comparison between (a) the reserve fund balance for that year; and (b) the ideal balance shown in the reserve fund study or latest update for that year. Financial statements to include information about disclosures 32(1) If, as required by clause 105(1)⁠(a) of the Act, a director of a condominium corporation makes a written disclosure of a direct or indirect interest in an agreement or transaction to which the condominium corporation is a party, the financial statements prepared by the corporation under section 150 of the Act must include (a) a brief description of the nature of the agreement or transaction; (b) the amount of money involved in the agreement or transaction; and (c) the nature and extent of the director's interest in the agreement or transaction. 32(2) If a director makes a disclosure under subsection 105(3) of the Act, the financial statements prepared by the condominium corporation under section 150 of the Act must include the actual price disclosed by the director. 32(3) If a director makes a disclosure under subsection 105(4) of the Act, the financial statements prepared by the condominium corporation under section 150 of the Act must include the nature and extent of the director's interest and the actual cost disclosed by the director. 32(4) This section also applies to an officer who is not a director as if each reference to a director were a reference to an officer. Auditor Auditor requirements 33(1) An auditor appointed under section 73, 156 or 157 of the Act must be a member in good standing under one of the following Acts: (a) The Certified General Accountants Act ; (b) The Certified Management Accountants Act ; (c) The Chartered Accountants Act . 33(2) An auditor may not be (a) the spouse, common-law partner, son or daughter of a director or officer of the condominium corporation or the son or daughter of the spouse or common-law partner of a director or officer of the condominium corporation; (b) a unit owner of the condominium corporation; or (c) an occupant of a unit in the property. Auditor's report requirements 34(1) For the purpose of subsection 73(3) and section 159 of the Act, the auditor's report must be prepared in accordance with the standards set out in the CICA Handbook — Assurance, as amended from time to time, for an audit or review engagement, as the case may be. ("CICA" refers to the Canadian Institute of Chartered Accountants.) 34(2) The auditor's report required by subsection 73(3) or section 159 of the Act must include a written declaration by the auditor that he or she meets the requirements of subsection 156(2) and section 158 of the Act and section 33 of this regulation. Lien Priority Additional claims over which a lien does not have priority 35 For the purpose of clause 164(1)⁠(c) of the Act, a lien does not have priority over the following: (a) notices on title registered under subsections 21(1), 235(3) and 241(2) of the Act; (b) a registered instrument referred to in clauses 45(5)⁠(a) to (j) of The Real Property Act . PART 7 CHANGES TO COMMON ELEMENTS AND COMMON ASSETS Agreement between unit owner and condominium corporation to change common elements 36 For the purpose of subclause 178(1)⁠(b)⁠(iii) of the Act, the agreement entered into between the unit owner and the condominium corporation must specify who will own any addition, alteration or improvement to the common elements resulting from the proposed change to the common elements. PART 8 INSURANCE — APPRAISAL Appraisal requirement 37(1) For the purpose of subsection 185(9) of the Act, an appraisal must be prepared by a member of the Appraisal Institute of Canada who holds a valid designation as an Accredited Appraiser Canadian Institute. 37(2) Despite subsection (1), a member of the Appraisal Institute of Canada who holds a valid designation as an Canadian Residential Appraiser may prepare an appraisal if the building or the property being appraised contains no more than four residential units. PART 9 RESIDENTIAL TENANCY AGREEMENTS AND COMMERCIAL LEASES Notice to redirect rent — tenants 38 The notice set out in Form 9 is the form for the purpose of clause 204(1)⁠(b) of the Act. Written termination notice 39 The written notice of termination set out in Form 10 is the form for the purpose of subsection 205(5) of the Act (written notice — contravention by tenant). Notice to redirect rent — commercial lessees 40 The notice set out in Form 11 is the form for the purpose of clause 210(1)⁠(b) of the Act. Levy amount 41(1) For the purpose of clause 211(2)⁠(a) of the Act, the amount of a levy imposed on a unit owner who rents or leases his or her unit may not exceed $1,500. 41(2) Within 90 days after this regulation comes into force, a condominium corporation that has not refunded a levy previously remitted by a unit owner must refund to the unit owner the amount, if any, by which the unused portion of the levy exceeds $1,500. PART 10 COMPLIANCE AND DISPUTE RESOLUTION Maximum fine amount, times and frequency 42 For the purpose of section 218 of the Act, (a) the maximum amount that a condominium corporation may set out in its by-laws as a fine for the contravention of a by-law or rule is $100 for each contravention of a by-law or rule; (b) the maximum frequency that a condominium corporation may set out in its by-laws for the imposition of a fine for a continuing contravention of a by-law or rule is once every seven days; and (c) the maximum number of times that a condominium corporation may set out in its by-laws for the imposition of a fine for a continuing contravention of a by-law or rule is 12 times in a 12-month period. Appeals 43(1) This section and sections 44 to 46 of this regulation apply to appeals made under section 218 of the Act. 43(2) For the purpose of subsection 218(8) of the Act, the appeals commissioner may require that a notice of appeal be made in a form approved by the appeals commissioner. 43(3) The fee to file a notice of appeal is $30. 43(4) On the filing of a notice of appeal, the appeals commissioner must (a) fix a date for the hearing; and (b) issue a notice stating the hearing date, time and location to the unit owner. Appeal practice and procedures 44(1) The parties to an appeal are (a) the unit owner who is the subject of a board's decision to impose a fine under section 218 of the Act; (b) the condominium corporation; and (c) any person added by the appeals commissioner as a party. 44(2) The unit owner must give the condominium corporation a copy of the notice of appeal and the notice of hearing no later than five days before the hearing. 44(3) The appeals commissioner must conduct a hearing in respect of the matter for which the notice of appeal is filed. 44(4) The appeals commissioner may conduct a hearing orally, including by telephone, or in writing or both. 44(5) The appeals commissioner must give each party the opportunity to present evidence and make submissions. 44(6) Each party may cross-examine the other party and any of its witnesses. 44(7) The appeals commissioner is not bound by the rules of evidence that apply to judicial proceedings. 44(8) If a party fails to appear at the hearing, the appeals commissioner may (a) find against the party that failed to appear; (b) adjourn the hearing to a later date; or (c) make a decision on the basis of the written material available to the appeals commissioner and any evidence provided by the party or parties that appeared. 44(9) The appeals commissioner may adjourn a hearing until a later time set by the appeals commissioner when (a) all parties request an adjournment; or (b) one of the parties requests the adjournment and the appeals commissioner is of the opinion that it is reasonable to grant the request. Decisions by appeal commissioner 45(1) A decision of the appeals commissioner must include written reasons. 45(2) The appeals commissioner must as soon as reasonably practicable give a written copy of the decision to each of the parties. 45(3) The appeals commissioner may, on his or her own initiative or at the request of a party that is made within 14 days after receiving a copy of the decision, (a) correct a typographical, grammatical or arithmetic or similar error in a decision; or (b) amend a decision to correct an injustice caused by an oversight by the appeals commissioner. 45(4) A witness who is required to attend a hearing or to produce documents for a hearing is entitled to be paid the same fees as are payable to a witness in a court action. 45(5) Subject to this section and section 46, the appeals commissioner may determine the practice and procedure for a hearing. Appeal costs 46(1) If the appeals commissioner rescinds a board's decision to impose a fine on a unit owner, the appeals commissioner may, at his or her discretion, award the unit owner up to $100, as well as the cost of the filing fee under subsection 43(3) and the cost of giving notice incurred under subsection 44(2). 46(2) If the appeals commissioner confirms a board's decision to impose a fine on a unit owner, the appeals commissioner may, at his or her discretion, award up to $100 to the condominium corporation. 46(3) If the appeals commissioner varies or substitutes a board's decision to impose a fine on the unit owner, the appeals commissioner may, at his or her discretion, award up to $100 to the unit owner or the condominium corporation. PART 11 PHASING AMENDMENTS Owner-developer must deliver certain records, etc. to the board 47 For the purpose of subsection 246(1) of the Act, an owner-developer must, within 60 days after the phase is completed as described in clause 230(2)⁠(b) of the Act, deliver to the board the following records, documents, items and information: (a) a copy of all disclosure statements referred to in clause 51(2)⁠(b) of the Act that have been issued in respect of the completed phase; (b) any master or duplicate keys, garage door openers or other means of access to the completed phase that are in the possession of the owner-developer or its employees or agents; (c) every warranty or guarantee in respect of the common assets and the common elements that relate to the completed phase and in respect of units in the completed phase that the corporation is obligated to repair or maintain; (d) the structural, electrical, mechanical and architectural working drawings and specifications of the completed phase, and the as-built drawings, if any; (e) any existing plans showing the location of underground utility services, sewer pipes, cables and wires located on the completed phase; (f) every approval, permit, order and certificate issued by the government, a government agency or a municipal government relating to the completed phase and the common assets that relate to the completed phase; (g) any documents and information related to the repair or maintenance of the completed phase; (h) the reserve fund study, and any updates to it, completed before the implementation of the phasing amendment; (i) every record relating to insurance claims by the owner-developer in respect of the completed phase and insurance actions by and against the owner-developer in respect of that phase; (j) every record relating to claims, actions or proceedings involving the owner-developer in relation to the completed phase and any orders against it; (k) any monies collected on behalf of or for the benefit of the condominium corporation, including any leasing levies, common expense and reserve fund contributions that have not been deposited into the general or reserve fund account; (l) every written notice of a tenancy agreement or commercial lease or its termination; (m) a list of all common elements and common assets for the completed phase. PART 12 AMALGAMATION Additional information for proposal to amalgamate 48(1) For the purpose of clause 250(2)⁠(f) of the Act, an amalgamation proposal must include information about how the amalgamating corporations intend to carry out their mandate and perform their duties under the Act during the interim period, including how they will deal with the following matters: (a) using the reserve fund of each amalgamating corporation; (b) borrowing funds by each amalgamating corporation; (c) amending the declaration of each amalgamating corporation and making, amending or repealing the by-laws and rules of each amalgamating corporation; (d) entering into contracts by each amalgamating corporation; (e) commencing, maintaining or settling any action by each amalgamating corporation; (f) defending an action or proceeding to which each amalgamating corporation is a party; (g) making a substantial change to each amalgamating corporation's common elements or common assets or any service or amenity provided by each amalgamating corporation. 48(2) The following definitions apply in subsection (1). "interim period" means the period (a) beginning on the day that the first board of an amalgamating corporation gives notice of a general meeting under subsection 251(3) of the Act; and (b) ending on (i) the day of the registration of the declaration for the amalgamated corporation, or (ii) if the consent requirement under that section has not been met, the day that the time period for giving consent under section 253 of the Act expires. (« période intérimaire ») "substantial change" has the same meaning as in subsection 172(2) of the Act. (« modification importante ») Notice content 49 For the purpose of clause 251(3)⁠(e) of the Act, the notice of a general meeting of unit owners to consider an amalgamation proposal must include the following information: (a) an estimate of the cost to each amalgamating corporation of carrying out the proposed amalgamation; (b) a statement indicating each provision in the proposed declaration, by-laws and rules of the amalgamated corporation that, in the opinion of the board of the amalgamating corporation, differs significantly from its declaration, by-laws and rules, and describing those differences. PART 13 WITHDRAWAL Withdrawal notice 50(1) For the purpose of clause 259(2)⁠(a) of the Act, the notice of withdrawal is Form 12. 50(2) For the purpose of clause 260(2)⁠(a) of the Act, the notice of withdrawal due to substantial damage is Form 13. 50(3) For the purpose of clause 262(3)⁠(a) of the Act, the notice of withdrawal due to (a) the sale of the entire property is Form 14; and (b) the sale of part of the property's common elements is Form 15. PART 14 LIST OF FORMS, REPEAL AND COMING INTO FORCE Forms 51(1) The forms set out in Schedule D are the forms to be used for the purpose of the Act and this regulation. Form 1 — Disclosure statement (sale of proposed unit before declaration and plan are registered) Form 2A — Disclosure statement by seller when seller is declarant or subsequent owner of all the units (sale of unit after declaration and plan are registered) Form 2B — Disclosure statement by seller when seller is not declarant (sale of unit after declaration and plan are registered) Form 2C — Disclosure statement by seller when seller is owner-developer (sale of proposed unit in a phased development before registration of amendment to declaration and plan) Form 3 — Disclosure statement by condominium corporation (sale of unit, or proposed unit in a phased development, after declaration and plan are registered) Form 4 — Right to cancel within cooling-off period Form 5 — Right to cancel because of material change Form 6A — Table of contents for disclosure statement (sale of proposed unit before declaration and plan registered) Form 6B — Table of contents for disclosure statement by seller (sale of unit, or proposed unit in a phased development, after declaration and plan are registered) Form 7 — Seller's notice of material change Form 8 — Status certificate Form 9 — Notice to tenant to pay rent to condominium corporation Form 10 — Notice of termination by condominium corporation Form 11 — Notice to commercial lessee to pay rent to condominium corporation Form 12 — Notice of withdrawal of entire property with consent and accompanying statutory declaration Form 13 — Notice of withdrawal of entire property due to substantial damage and accompanying statutory declaration Form 14 — Notice of withdrawal due to sale of entire property and accompanying statutory declaration Form 15 — Notice of withdrawal due to sale of part of the property's common elements and accompanying statutory declaration Information Note Schedule D is not included in this HTML version. Instead, this subsection provides a link to each form in PDF format. 51(2) To avoid doubt, the information that is set out in a form prescribed for the purposes of the Act must be expressed clearly and in a way that is likely to bring the information to the attention of the reader. Repeal 52 The following regulations are repealed: (a) the Condominium Regulation , Manitoba Regulation 150/2011; (b) the Condominium Arbitrations Regulation , Manitoba Regulation 94/90; (c) the Condominium Forms Regulation , Manitoba Regulation 173/98; (d) the Condominium Reserve Funds Regulation , Manitoba Regulation 95/90. Coming into force 53 This regulation comes into force on the same day that subsection 1(1) of The Condominium Act , S.M. 2011, c. 30, Schedule A, comes into force. SCHEDULE A (Clause 3(1)⁠(f)) Important Information About Your Rental Rights Right to Receive Notice About Registration When a declaration is registered under The Condominium Act , your rental unit will become a condominium unit. You have a right to receive notice of the proposal to register a condominium declaration at least six months before the declaration is submitted to the land titles office for registration. When the declaration is actually registered, if you are still a tenant or holder of a right of first refusal under The Residential Tenancies Act to rent the unit upon the completion of a renovation, you also have the right to receive notice of that registration. Right to Continue Living in Your Rental Unit If you are a tenant when the declaration is registered , you have the right to continue living in your rental unit for at least two years after you receive the notice of the declaration's registration; or the length of time that you continuously occupied a rental unit in the residential complex as of the date you receive the notice of the declaration's registration; whichever time period is longer. If you hold a right of first refusal when the declaration is registered and you move back into your rental unit , you have the right to continue living in the unit for at least two years; or the length of time that you continuously occupied a rental unit in the residential complex as of the date you receive the notice of the declaration's registration; whichever time period is longer. The time period begins on the day your new tenancy agreement starts. During the time you have the right to live in your rental unit , the landlord cannot give you notice to move for reasons such as renovations or because the landlord plans to move in to the unit. But the landlord can give you notice to move if you do not meet your obligations under The Residential Tenancies Act and your tenancy agreement (for example, you don't pay your rent, you damage the unit or you disturb other occupants). The rules about rent increases under that Act continue to apply after registration. You are entitled to three months notice of any rent increase. Usually rent can only be increased once every 12 months. If you have any questions about rent for your unit, contact the Residential Tenancies Branch (see contact information below). Right to Buy the Rental Unit If the owner of the rental unit decides to sell it, he or she must first offer to sell it to you at the price and on the same terms that it is offered to others. You have 30 days to decide if you want to buy the unit. If you decide not to buy the unit, you do not lose your right to continue living in it for the period described above that applies to you.

If you have questions about what it means to have "continuously occupied a rental unit" or need more information about your rental rights , you can visit the Residential Tenancies Branch's website at www.manitoba.ca/rtb or contact the Branch by phone at 204-945-2476 or toll-free at 1-800-782-8403, by e-mail at rtb@gov.mb.ca or by mail or in person at any Branch office. SCHEDULE B (Clause 4(1)⁠(g)) Important Information About Your Rental Rights If you think you have a right to live in your rental unit for longer than the period described in this notice , you can ask the Residential Tenancies Branch to determine the period. You can contact the Branch by phone at 204-945-2476 or toll free at 1-800-782-8403, by e-mail at rtb@gov.mb.ca or by mail or in person at any Branch office. If the owner of the unit wishes to sell it , he or she must first offer to sell it to you at the price and on the same terms that it is offered to others. You have 30 days to decide if you want to buy the unit. If you decide not to buy the unit, you do not lose your right to continue living in it for the period shown in this notice. During the time you have the right to live in your rental unit , the landlord cannot give you notice to move for reasons such as renovations or because the landlord plans to move in to the unit. But the landlord can give you notice to move if you do not meet your obligations under The Residential Tenancies Act and your tenancy agreement (for example, you don't pay your rent, you damage the unit or you disturb other occupants). The rules about rent increases under that Act continue to apply after registration. You are entitled to three months notice of any rent increase. Usually rent can only be increased once every 12 months. If you have any questions about rent for your unit, contact the Branch (see contact information above). SCHEDULE C (Section 17) Type of record Maintenance period or version minute book (clause 131(1)⁠(a)) permanent declaration and plan (clause 131(1)⁠(h)) by-laws and rules (clause 131(1)⁠(i)) every deed, lease, licence or agreement (clause 131(1)⁠(j)) court decisions or orders relating to the declaration, by-laws or rules (clause 131(1)⁠(l)) mediation settlement records relating to the declaration, by-laws or rules (clause 131(1)⁠(m)) arbitration decisions relating to the declaration, by-laws or rules (clause 131(1)⁠(n)) decisions of the Director of Residential Tenancies, and appeal decisions relating to the declaration, by-laws or rules (other than a claim for compensation or order of possession) (clause 131(1)⁠(o)) legal opinions (clause 131(1)⁠(p)) turn-over records and documents (clause 131(1)⁠(x)) records specified in the by-laws (clause 131(1)⁠(y)) list of all common assets (clause 77(1)⁠(g)) working drawings, specifications of the property, as-built drawings, utility plans (clauses 78(1)⁠(b) and (c)) every report (such as engineering, architectural or actuarial reports) commissioned or received by the condominium corporation (section 15 of the regulation) disclosure statements (clause 131(1)⁠(v)) at least ten years from the date that the statement was made or the certificate issued status certificates (clause 131(1)⁠(w)) agreements entered into by the declarant or the condominium corporation (clause 131(1)⁠(j) (other than a deed, lease, licence or agreement) at least seven years from the termination or expiry of the agreement, warranty, guarantee or insurance policy or the date the disclosure was made insurance records (clause 131(1)⁠(k)) warranties and guarantees (clause 78(1)⁠(a) and section 15 of the regulation) disclosures of interest (section 15 of the regulation) performance audits (section 15 of the regulation) repair or maintenance of property documents (clause 78(1)⁠(e)) at least seven years from the date of the document or the date that the repair or maintenance took place account books (clause 131(1)⁠(g)) at least the current year and the five previous years budgets and financial statements (clause 131(1)⁠(q)) auditor's reports (clause 131(1)⁠(r)) income tax returns and other documents (clause 131(1)⁠(s)) financial records (clauses 131(1)⁠(u), 78(1)⁠(g) and section 79) government-issued approvals, permits, orders and certificates (clause 78(1)⁠(d)) at least two years from the termination or expiry of the permit, order or certificate correspondence (clause 131(1)⁠(t)) at least two years from the correspondence date list of directors and officers (clause 131(1)⁠(b)) current version or, for records turned over under subsection 77(1) of the Act, one year from the turn-over meeting date unit owners list (clause 131(1)⁠(c)) unit mortgagees address list (clause 131(1)⁠(d)) tenancy agreement notice list (clause 131(1)⁠(e)) lease agreement notice list (clause 131(1)⁠(f)) reserve fund study and any updates to it (section 15 of the regulation) current version and the two previous versions court decisions or orders that do not relate to the declaration, by-laws or rules (clause 131(1)⁠(l)) at least one year mediation settlement records that do not relate to the declaration, by-laws or rules (clause 131(1)⁠(m)) arbitration decisions that do not relate to the declaration, by-laws or rules (clause 131(1)⁠(n)) decisions of the Director of Residential Tenancies and appeal decisions relating to claims for compensation or orders of possession (clause 131(1)⁠(o)) every record or document in the declarant or declarant board's possession related to the condominium corporation's agents or employees (clause 77(1)⁠(i)) at least one year from the turn-over meeting date Note: Unless otherwise noted, each cross-reference in column 1 is a reference to the Act.