Policy and Procedures for Lawyers and Surveyors Issue 7, April 2008
INSIDE THIS ISSUE:
Changes Resulting from the Re-design of the Condominium Process
Communique to Authorized Lawyers
The Land Registry and Property Online are changing the way that condominiums are processed and displayed. The changes are to better represent the common interest in the common elements including land, and were vetted by the Procedures Advisory Committee.
The implementation of the changes detailed below will become effective on May 19, 2008. Background The current views did not apply well to the Condominium Common parcel. This resulted in inconsistencies with respect to the registration of condominium documents and documents affecting the condominium unit parcels. As well, the process to create new units was complicated and error prone, leading to the inconsistent display of condominium
information. The Land Registry undertook the task of streamlining the process and displaying a more user-friendly view for clients.
The following items affect lawyers dealing with condominiums:
· The standard benefit “TOGETHER WITH THE COMMON INTEREST APPURTENANT THERETO” will automatically be inserted into the Application For Registration.
· The standard burden “SUBJECT TO THE DECLARATION AND BYLAWS [remove reference to bylaws if none have been registered] OF [name of County] CCC NO. [number of corporation]” will automatically be inserted into the Application For Registration.
Note: Both the standard benefit and burden will be enabled by the condominium declaration.
In the past, with the exception Phased Development, the PID for the land parcel was re-used as the Condominium Common PID. This was troublesome in that the Condominium Common appeared to take on the attributes of a parcel registered under the Land Registration Act. With the implementation of the new changes to the condominium process, a separate PID will be created to represent the Condominium Common. This will also be the case for the condominium corporations that existed prior to May 19, 2008. The new process requires the lawyer to request a new PID for the Condominium Common parcel for all new registrations of condominiums occurring on or after May 19, 2008. This includes all registrations of Condominium Corporations that are currently in process. The new process is as follows and must be carried out in the sequence shown below:
· The land parcel(s) is migrated in the Land Registration system.
· The lawyer completes and submits the new form “Request for Condominium Common PID Assignment” to the Land Registration
Office in the registration district in which the corporation is situated. Note: See below for a sample of this form. A link will also be available for download on the client resource page at:
https://ows2.gov.ns.ca/LandRegistrationResourceMaterial/Client_Manual_Default.html
· Providing the land parcel(s) are registered under the Land Registration Act, the mapper will process the request by assigning a new PID to represent the Condominium Common parcel, placing it on the form and returning the form to the submitter. Note: This is the only PID to be used on the Form 28s when registering the Declaration, Bylaws and any subsequent amendments thereof.
· The lawyer completes two Form 28s, using only the newly assigned PID and attaches one to the Declaration and one to the By-Laws.
· The submitter and the Registrar of Condominiums receives notification upon registration of the Declaration. Attached to the Notice of Registration is a new “Condominium Document/Plan Registration Notice.” Note: See below for a sample of the new notice. A link will also be made available on the client resource page at: https://ows2.gov.ns.ca/LandRegistrationResourceMaterial/Client_Manual_Default.html
A New Condominium Common view for Property Online and Map Library Module
The view in Property Online of the Condominium Common has undergone a major overhaul. Some of the key items to note are:
• Only relevant documents will be displayed in the new view of the Condominium Common view. Specifically, only the following documents will be displayed:
· Condominium Declaration
· Condominium Declaration Amendment
· Condominium (Phased) Declaration Amendment
· Bylaw (condominium)
· Amendment (condominium bylaws)
• Removed from the new Condominium Common view are:
· historical documents that existed prior to the registration of the corporation. These are being retained on the retired land parcel.
· LR Status and LR date (they do not apply to this view).
· Details view (see the land parcel for all historical documents).
· Parcel Archive view (see the land parcel if it was registered under the LRA; otherwise it does not apply).
· Land Registration view including the approved description (see the land parcel if it was registered under the LRA; otherwise it does not apply).
• What Condominium Common view offers which is different
· Different colour scheme to easily distinguish it from the other views
· Capturing whether the condominium corporation is “phased development.” This is also displayed on the condominium unit parcels.
· New sections titled:
· Important Notice Regarding the Condominium Common (contains information concerning the condominium common PID).
· Administered By (displays the name of the condominium corporation).
· Declaration, Bylaws & Amendments (displays only those documents).
· Other Condominium Documents (displays all other documents deemed to be viewed in the condominium common parcel).
· Condominium Plans (displays only condominium plans).
· Condominium Units (displays unit designators as per the declaration or amendment).
· Parcels as Existing Prior to the Condominium Declaration (displays the related land parcels with more relevant parcel relationships).
Note: See below for a sample of the new Condominium Common View. A link will also be made available on the client resource page at: https://ows2.gov.ns.ca/LandRegistrationResourceMaterial/Client_Manual_Default.html