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Real Property LawCondominiumsONMEDIUM

A declarant sells enough units in a new Ontario condominium that, on June 1, it no longer owns a majority of the units. Under the Condominium Act, 1998, by when must the board elected while the declarant held the majority call the meeting to elect a new board?

Correct Answer

A) Not more than 21 days after June 1

Section 43(1) of the Condominium Act, 1998 requires the board to call the turn-over meeting not more than 21 days after the declarant ceases to own a majority of the units, here by June 22. Section 43(3) then requires the meeting to be held within 21 days after it is called, and if the board fails to call it, an owner or mortgagee entitled to vote may call it (s. 43(2)).

Answer Options
A
Not more than 21 days after June 1
B
Within 60 days after June 1
C
Only after every unit in the project has been sold
D
Within 21 days after the declaration is registered

Why This Is the Correct Answer

Section 43(1) sets a 21-day limit running from the day the declarant ceases to own a majority of units.

Why the Other Options Are Wrong

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Key Terms

turn-over meetingsection 43declarant21 days
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