1. The Condominium Act

The Condominium Act.   This statute was adopted, and can be amended, by the Nova Scotia Legislature. It establishes the legal framework for creation of condominiums – the Registry of Condominiums, the requirements for creation of a condominium, and the property rights that exist for a condominium. It includes general provisions about the governance of condominiums and condominium corporations.

The Regulations under the Condominium Act.   Regulations are made by the Minister, with approval of the Governor-in-Council (the Provincial Cabinet). They provide details of the administration of the condominium system, setting detailed requirements for condominium filings, and for the process of development and initial sale of condominium units. They also include the requirements for regular Reserve Fund Studies and establish a process to resolve disputes between owners and condominium corporations by mediation or arbitration. 

The Declaration.   The Declaration is the constitution of the Condominium Corporation. It is filed by the developer when the condominium is created, and from then on it can be amended only by an 80% vote of owners1 [Act, s.11 (3A)].  The Declaration for Halifax County Condominium Corporation No. 130 - Summer Gardens - is dated 9 June 1987, and it was extensively amended on 16 February 2005. The amendments are not all incorporated in the Declaration and it is necessary to refer to both.

The By-laws.   The by-laws of the condominium corporation set out the details of the governance of the corporation – the fiscal year, the Board and Officers, the process for meetings of the Board and the owners, the setting and collection of assessments for common expenses and fund contributions. They also include Article XI - Provisions Respecting the Use and Occupation of the Units and Article XII – Provisions Governing the Use of the Common Elements. The By-laws can be amended by a vote of 60% of the owners. [Act, s. 23; Declaration, s. 5]

The Common Element Rules.  The corporation can make rules with respect to the use of the common elements (including the “exclusive-use common elements” – the balconies, the parking areas, and the lockers). New rules can be published by the Board and come into effect ten days after notice is given to the owners unless any owner objects. The Rules are ratified by a majority of members present at a duly called meeting.