AMENDMENTS to THE CONDOMINIUM PROPERTY ACT, 1993
What changes have happened to The Condominium Property Act, 1993 (the Act) and its Regulations, and when are they in effect?
Changes as of 2016:
- Standard Unit Descriptions now required for all applications for new titles including those created by way of plan amendment or amalgamation
Changes as of 2010:
- Parking units may now be titled
- Common property of the condo corporation may now be titled (as services units)
- Condo corporations may now be managed by sector (e.g. commercial and residential buildings in one condo complex can now be managed separately)
Changes as of 2014:
- Consumer protection provisions for purchases of residential units
- New filing requirements for condominium corporations
- New dispute resolution mechanisms, insurance requirements for condominium corporations and developers and disclosure requirements for vendors and purchasers
Will customers have a choice between title parking units and parking space interests?
ISC is allowing the titling of parking units in response to customer requests. There was an overwhelming desire on the part of customers to have this ability.
You will continue to have the option to use parking spaces, which was in place prior to the legislative amendment to allow titled parking. Customers will now have the choice to use either one of the parking processes (titled parking or parking spaces). In some cases, both may be used in the same development. ISC recommends using the titled parking option because it allows for the transfer of parking units without the need for multiple interest registrations.
What is the difference between a parking space and a parking unit?
A parking space is an area of common property that is used for parking. It can be designated as exclusive use by way of the plan of survey or special resolution of the condominium corporation.
A parking unit is a titled unit that is used for parking. A parking unit can be bought and sold like other units with some restrictions relating to parking linked with residential units. Parking unit titles will be recorded in the land registry in the same way as other condo unit titles.
Will residential units still be allocated a parking space or parking unit?
Yes – the requirement to allocate at least one parking space or parking unit for each residential unit will be continued in the same way.. The amendments include a procedure to ensure that this requirement is maintained each time a parking unit linked to a residential unit is sold. Please note, each residential unit is required to have either a parking title linked to it or a parking designation interest on title at the time titles are issued.
Will existing condominium developments be allowed to change parking spaces into titled parking?
Yes – all owners must agree. If a condominium development would like to convert parking spaces in to parking units, a new plan, or plan amendment in certain cases, will be required. A new survey may also be necessary. If a new plan is required, the process is similar to the Replacement Plan process in Phased Developments. If changes can be made through plan amendment(contact ISC) the process is similar to the Redivision of Units process.
What forms do I need in order to transfer a parking unit?
You will use the same forms that you would currently use to transfer any regular title: Application for Transfer (Part I: Surrender) and Application for Transfer (Part II: Setup). Note that you cannot use the Single Title Transfer form when dealing with a parking unit. This is because parking units will in some cases be linked to residential units, and this linking can only be dealt with using the above forms.
What authorization will I need to deal with a parking unit?
The authorization will be the same as that required for any other transfer. Parking units are treated the same way as residential units.
How do I know if my residential unit has a parking unit linked to it?
If your parking unit is linked to your residential unit, this will have been indicated to ISC by the developer when the first titles to the condominium parcel were raised in the developer’s name. Therefore, both your residential unit title and your parking title will contain a reference to each other only if they are linked. The linking is determined by the developer in accordance with the Act.
What fees does ISC charge to transfer a parking unit?
The transfer fees for a parking unit are the same as the fees for a regular condo unit. There is no unique fee structure for parking units.
What if I had a parking space recorded on my condominium plan prior to June 16th 2014?
All parking spaces recorded on condominium plans that have not been redesignated remain valid.
How do I know if I have a parking space designation?
If a parking redesignation or designation interest has been registered on your title, you have a parking space. If nothing regarding parking appears on your title, you must examine the condominium plan to determine if your residential unit has a parking space allocation.
Where can I find information on condominium policies in Saskatchewan?
Policies concerning condominiums in Saskatchewan are handled through the Ministry of Justice. For more information concerning Condominium Policies please consult the Ministry of Justice Condominium Fact Sheets.
MINISTER’S POWERS AMENDMENTS
Why is ISC allowing the minister to delegate his/her authority regarding the granting of Certificates of Acceptance and Waivers of the Requirement to Obtain Security?
In order for a developer to obtain the minister’s approval for the security obtained or to be discharged from the responsibility to obtain security, a Certificate of Acceptance or a Waiver of the Requirement to Obtain Security must be obtained from the minister. Allowing the minister to delegate this authority to the Registrar or Deputy Registrars should allow condominium development to move at a quicker pace, as this documentation is received and kept at the Office of the Public Registry Administration.
SECTOR AMENDMENTS
Background information:
What is a condominium corporation?
When a condominium plan is initially titled by the developer, the condominium corporation, made up of all the owners of units on the condominium plan, is created. The condominium corporation governs the day to day life within the condominium development by passing bylaws.
What is a sector?
A sector may be created by the condominium corporation to allow a group of unit owners to govern themselves independently.
Why would a corporation want to create sectors?
Sectors may be appropriate in condominium developments where there are groups of owners who have common concerns that may not be of general concern to all owners. For example, a development that contains both residential units and commercial units may want to create a commercial sector that will create bylaws that apply only to the commercial units and a residential sector to deal with the issues that are unique to the owners of the residential units.
How is a sector created? What types of powers can a sector have? Can sectors be disbanded? Etc.
These are questions which cannot be answered by ISC. These should be directed to the Ministry of Justice (the Corporate Registry) as this area is under the responsibility of that Ministry; sectors do not in any way affect ISC processes.
SERVICES UNITS AMENDMENTS
What are services units?
A services unit is a unit that is owned by a condominium corporation and shown on a condominium plan. It consists of areas for the use and benefit of all owners, such as laundry rooms, recreational facilities, landscaping, roadways or hallways. Under the current legislation, these areas form part of the common property and common facilities, and this will continue to be an option. The developer will have the choice to use services units or common property, or both.
How can I tell which units are services units?
Services units will be identified on the plan. In the land registry, however, there will be no distinction between a services unit and any other type of unit. For land registry purposes, services units will be treated the same as any other unit.
SURVEYS QUESTIONS
What are strata titles?
Strata titles are used in other provinces to facilitate the creation of titles equivalent to condominium units (in British Columbia) or three dimensional parcels (in Alberta).
Do these amendments include the ability to create strata titles?
The condominium act as it existed prior to these amendments already facilitated the creation of three dimensional units within a condominium plan; therefore no amendments are being made in this area.
Will ISC Surveys accept combination plans (e.g. bare land condominium and regular condominium) on the original plan submission?
Yes – combination plans are allowed. A combination plan may be created through three processes:
- During original plan approval process;
- Through a subsequent Redivision of the units; or
- By the amendment of a previously approved condominium plan.
How are parking units defined on a condominium plan?
Unit boundaries, including parking unit boundaries, can be defined by:
• Floors, walls and ceilings;
• Measurements from floors, walls and ceilings that may not necessarily be of that unit; or
• Monumentation in accordance with The Land Surveys Act, 2000.
Note: As of June 2014, condominium plans will no longer designate each parking space or unit. Titles will show the parking space or unit allocated to the residential unit. The area reserved for parking will continue to be shown on the plans, but residential unit allocations will not be present. Individual parking spaces will be shown as parking designations interest on title, and individual parking units will have separate titles with a link noted on the residential title.
Can exclusive use areas, (e.g. parking spaces, balconies, patios, storage areas, decks, etc.) be part of a services unit?
Yes - all exclusive use areas may form part of a services unit.