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Nov 22, 2011

New Developments in Condo Law

By: Leor Margulies

CONSTRUCTION LIENS

On July 2, 2011, certain Construction Lien Act amendments came into force. Insofar as they relate to the Condominium Act, the following provisions are applicable:

On July 2, 2011, certain mendments came into force. Insofar as they relate to the , the following provisions are applicable:

Construction Lien Act ("CLA")

33.1 (1) In this section:

(1) In this section:

“declaration” means a declaration as defined in the Condominium Act, 1998; (“déclaration”);

“description” means a description as defined in the Condominium Act, 1998; (“description”);

“registered” means registered as defined in the Condominium Act, 1998. (“enregistré”) 2010, c. 16, Sched. 2, s. 2 (4).

Notice required

(2) An owner of land described in a description that is intended to be registered together with a declaration in accordance with the Condominium Act, 1998 shall publish notice of the intended registration in a construction trade newspaper at least five and not more than 15 days, excluding Saturdays and holidays, before the description is submitted for approval under subsection 9 (3) of the Condominium Act, 1998. 2010, c. 16, Sched. 2, s. 2 (4).

Contents

(3) The notice shall be in the prescribed form and shall include:

(a) the owner’s name and address for service;

(b) a concise overview of the land described in the description, including reference to the lot and plan number and the parcel number or numbers of the land; and

(c) if, to the best of the owner’s knowledge, information and belief, a contractor supplied services or materials to an improvement in respect of the land during the 90-day period preceding the day on which the description is to be submitted for approval under subsection 9 (3) of the Condominium Act, 1998, the contractor’s name, address and, if known, address for service. 2010, c. 16, Sched. 2, s. 2 (4).

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