A pre-construction condominium agreement says the declarant may terminate it if the declaration is not registered within three years. Registration is delayed, and the declarant sends the buyer a termination notice on that ground alone. What is the legal position?
Correct Answer
B) Termination on that ground alone needs the buyer's written consent, whatever the agreement itself says
Section 79(2) of the Condominium Act, 1998 says that, despite any contrary provision in the agreement, a declarant may not terminate an agreement for a proposed unit only because the declaration and description were not registered within a period stated in the agreement, unless the purchaser consents in writing. Without consent, the declarant's route is a court application on 15 days' notice under s. 79(3).
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