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).
Why This Is the Correct Answer
Section 79(2) overrides the agreement and requires the purchaser's written consent.
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- → A buyer's lawyer requests a status certificate and pays the fee on May 1. The corporation never delivers it. After closing, the corporation claims the seller owed $3,000 in common expense arrears and demands it from the buyer, who relied on the silence. What is the effect under s. 76 of the Condominium Act, 1998?
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- → A buyer's status certificate shows that the corporation received a new reserve fund study two months ago, and the board has not yet sent owners anything about it. What does the Condominium Act, 1998 require of the board?
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