Step 3:
COMPLETING THE FORMS
When the proper forms are completed and assembled, they form a packet. Your packet will consist of several applications. When a packet is submitted to the Land Registry and successfully registered, titles are issued to the new units.
Here are some special instructions to help you complete these forms for a Redivision of Units application.
A. Application for Transfer (Part I – Surrender)
This form is used to surrender the title(s) to the unit or units that are being redivided to create the new units.
Complete Section D Condominium Unit Transfer.
- Section C – Condominium Unit Transfer – use for a full condominium unit transfer. Insert the 9-digit parcel number for the condominium parcel and the unit number in that parcel that is being redivided.
Or
Section E – Title Numbers – Insert the 9-digit title number for the unit being redivided. If there is more than one title for the unit being divided included all the title numbers for that unit. If more than one unit is being redivided include all the title numbers for the units being divided. This form should be followed next by:
-
- A copy of the Certificate of Approval
- A copy of the Schedule of Unit Factors (endorsed by Plan Processing)
B. Authorization by Owner
The owner or owners of the unit being redivided must consent to the redivision, including the application to surrender the title to the unit being redivided. The authorization will need to be completed by the current owner(s) of the unit being redivided. Authorization is not required from the owners of the remaining Units, pursuant to Section 25 of the Act.
Use the appropriate transfer authorization (corporation with seal vs. Individual) based on who will be executing the authorization.
The Authorization should be amended to state that the owner authorizes the “ Certificate of Approval Request Number __________________________.
“To: ____________________________” – Insert the name of the owner(s) of the newly created units here.
Important note about corporate owners: If the owner of the unit being redivided is a corporate entity, it must be registered at the Corporate Registry (i.e. legally able to carry on business in Saskatchewan). The entity must have a COBRA-related client number in our system to surrender land. You can verify this number is a COBRA-related number by contacting our Customer Support Team at (306) 787-2962.
C. Consent of Mortgagee
If the redivided unit(s) is subject to any mortgage(s), then each mortgagee must also consent to the redivision. Use the Consent of Mortgagee to Transform form. (You may strike out Transform and insert Redivision of Condominium Unit)
Complete the following sections:
Name – Enter the name of mortgagee as it appears on the title being surrendered, or name of corporate signing officer for the mortgagee.
Position – If signee is a corporate signing officer.
Corporation – If applicable, enter the name exactly as it appears on the title being surrendered.
“Consent to transform number” cross out or delete transform number and insert Redivision Certificate of Approval Request Number __________________.
Date, Signature – Have mortgagee complete.
Witness Sections – Have the witness sign and print his or her name below the signature. If the witness is a lawyer licensed to practice in Saskatchewan, check the applicable box. Otherwise, the witness should complete the section Affidavit of Execution.
If the mortgagee is a corporate entity, the signature of the signing officer may be accompanied by a corporate seal. No witness is then required. If the officer executing the authorization does not seal the authorization with a corporate seal, he or she must complete the section titled Affidavit Verifying Corporate Signing Authority, and his or her signature must also be witnessed by a witness.
If the affidavit of execution is sworn or affirmed outside Saskatchewan, please see section 24 of
The Land Titles Regulations, 2001.
D. Consent of the Condominium Corporation (if applicable)
Pursuant to s. 25(1.1) any new plan or plan division to a condominium development that results in the creation of new services units or common property requires the consent of the condominium corporation. A completed Form NN must accompany any application for redivision, and can be found
here.
E. Affidavit of Value
An Affidavit of Value must indicate the Request Number that references the plan amendment, and must indicate the fair market value of the units being created by the redivision. Any person with knowledge of the fair market value of the new units may complete an Affidavit.
There is no standard Affidavit created for this purpose. The Condominium and Transform Affidavits of Value may be used and modified for this purpose.
Suggested wording:
"Pursuant to Certificate of Approval Request Number _________________, a condominium plan amendment has been approved which creates the new units listed in paragraph 2."
The Affidavit of Value forms part of the surrender application and follows the documents above.
F. Application for Condominium Ownership Register Setup
This form sets up the ownership register for the units created in the redivision. No fee applies to this application.
Complete the following sections:
Transform Number Box - insert the 9-digit Certificate of Approval Request Number
Parcel Number - Insert the 9-digit parcel number for this particular condominium parcel.
Unit Number – First, insert the unit number(s) for the unit(s) being redivided, and check off the box “remove”. Then insert the unit numbers(s) for the unit(s) being created, and for all such new units, check off the corresponding box ”set up”.
Unit Factor – Insert the unit factor for each unit, being redivided, and unit being created.
Remember that the total of the unit factors for the units being redivided must equal the unit factors for the new units that are being created.
Unit Value – Enter the value of each unit, both the units being removed, and being set up.
G. Application for Transfer (Part II – Set Up)
This form is used to set up title to the units resulting from the redivision. You will need at least one set up application for each unit. If there is more than one owner, and if these owners own the units as tenants in common, you must do a separate set up for each owner.
NOTE All the new units listed in the Schedule of Unit Factors must be set up at the same time.
Here are some special instructions to help you complete this form:
Parcel Number – Enter the existing condominium parcel number. The parcel number does not change on a redivision.
Condo Unit Number – Enter the number of the new unit you wish to set up on this application. NOTE: All the new units listed in the Schedule of Unit Factors must be set up at the same time.
Previous Title Number(s) – Determine the former unit or units being redivided to create the new unit that you are setting up. Enter all the title number(s) of these previous unit or units.
New Owners box – Check the applicable box for form of ownership structure. If the owners are tenants in common, check the correct box and complete a separate Application for Transfer (Part II – Set Up) for each tenant in common.
Fractional Title Share - Represents the title share in the parcel. For example, if two tenants in common have an equal share, each title will have 1 / 2 share. The title share for single owners and for joint tenants will always be a 1/1 share.
New Title Value – Fair market value of title share. If there is two tenants in common, the new title value for each for will be ½ the unit value.
Section A – New Owner – Complete this section if the owner already has a client number in our system. The client number and client name (spelling) must be an exact match, or else the application to set up this title will be rejected. In setting up title in the name of a corporate entity, you must use a client number that is linked to its Corporate Registry (COBRA) entity number. A corporate entity must be registered to carry on business in Saskatchewan, and owning land is “carrying on business”. To obtain the COBRA-related Client Number, contact our Customer Support Team at (306) 787-2962.
Registration Conditions – As a general rule, any interests registered against the existing unit will automatically carry forward against the new title being created for that unit. Check “no conditions” if you will accept the new title subject to any interests registered against the existing title at the time that this application is being processed. Complete “conditional registration” if you will accept new title subject only to interests that existed on the old title as of the specified date and time. Or choose “free and clear” if you will accept a new title only if it will show no interests at all.
NOTE: If these last two types of registration conditions cannot be met, the application will be rejected.
H. Title Print Request (optional)
Use this form to order a copy of the title print. The submitting party can get a copy of the title by completing the first section. Title prints can also be sent to other persons, using the other sections of the form. A separate Title Print Request form must follow each set up application for which you would like a title print.
There is a fee for each title print, plus a delivery fee. An “official” title print (printed on ISC security paper) can be obtained only if the title print is ordered by mail.
An alternative to ordering title prints is to print these from the ISC website after the packet has registered. You will be charged a title print fee, but no delivery fee.
I. Condominium Packet Cover Page
Once you have completed all the necessary forms, and obtained all the required applications, you will need to complete the Condominium Packet Cover Page. Here are some special instructions to help you along.
Packet Sheet Count – Enter the total of all the pages in the packet, including the Cover Page.
Application Count – Enter the total number of applications submitted in the packet. An application is every sheet with a bar code, except the Condominium Packet Cover Page.
Section A – If as the submitting party, you already have a client number, complete this section only. Insert your client number, your internal client reference number (optional), account number and account password. (If you do not have a client number, please complete Sections B and C).
Keep track of the bar code number on the Condominium Packet Cover Page. You will use this number to track your packet or check on its status. As the bar code number is unique, you cannot re-use the Packet Cover Page.
J. Standard Unit Description
This completed form will be reviewed and forwarded to the Corporate Registry upon completion of the transform packet. It must be included for all replacement plans that create units for residential purposes.
Part A – Please indicate whether this form is submitted upon the issue of first titles to condominium property or is submitted by way of condominium corporation bylaw amendment.
Part B Standard Unit Description – Please indicate which items are included in accordance with s. 11 of The
Condominium Property Regulations, 2001. For each, the first box must be completed even if nothing is included. The second box is optional.
Part C Submitting Party – Please check as appropriate.