The term "condominium" describes a building or complex in which units of property, such as apartments, are owned by individuals and common parts of the property, such as the grounds and building structure, are owned jointly by the unit owners.

Condominium ownership is not limited to a residential property. Some condominiums are commercial, recreational, or mixed use properties. In each single unit, the condominium owner is in a similar position as anyone who owns a single-family dwelling. An owner has use of the property and is responsible to pay for all expenses associated with its operation and maintenance. The owner is also obligated for a section of the costs of maintenance of all the common elements in the corporation.

When creating a condominium, a "declarant", usually the developer and vendor of the units, submits several documents, including a "declaration" and "description" of the property to the provincial Registrar of Condominiums. The Condominium Act lays out how this should be done. When these documents are complete and registered, a legal entity called a “condominium corporation” is developed. The main purpose of the condominium corporation is to manage the condominium property and business affairs. The members of the corporation are the owners of the units.

The division of ownership is set out in the condominium corporation's declaration. The contents of the declaration and description of any two condominium corporations are not similar. Areas appointed as common elements in one Condominium Corporation might belong to an individual unit in another. Such small distinctions may be quite important in regards to a question of payment.

When over half of the units have been purchased and sold, the declarant or developer stops managing the affairs of the property. The owners take over responsibility for the condominium corporation and manage it according to the declaration and by-laws. The following must be provided to the corporation by the developer at that time:

1. The corporation seal and minute book containing copies of the declaration and by-laws;
2. Copies of any agreements entered into by or for the corporation;
3. Any warranties or guaranties for equipment, etc;
4. All survey, architectural, and structural plans for the project;
5. Financial statements, the reserve fund study and the reserve fund account for the condominium; and
6. A list of all units rented, unsold or sold in the property.

The board of directors is accountable for ensuring that requirements of the declaration and bylaws are satisfied, overseeing the management of the corporation, and making sure that the corporation's bills are paid. How often the board meets will depend on what items need to be carried out, but can also depend on emergency situations, such as a fire that requires immediate attention or a window that burst during a storm. The board must hold an yearly meeting of the owners and, if the building has 10 or more units, must appoint an auditor. The term that board members will serve is set out in the corporation's declaration or by-laws. 

A reserve fund study is an appraisal of the components of a building's common elements and determines a funding plan to meet the costs of repair and maintenance of the components over time.

Insurance on the entire condominium development is the responsibility of the condominium corporation. The corporation should place "all risks" property insurance coverage on the units and the common property. You may want to consider checking the policy for any exclusions. Check to find out if the insurance covers the replacement cost of the units and the common property. Your portion of the cost of the insurance bought by the condominium corporation is often part of your monthly condominium fees which you can be confirmed with the condominium corporation. You will have to buy your own insurance for the contents of your unit and any improvements you made to it. You should also have insurance to cover personal and occupiers' liability.

Remember, before you purchase a condominium unit, you should acquire copies of the declaration, by-laws, common element rules, the reserve fund status certificate, the estoppel certificate and the audited financial statements. Take the time to review them. Besides the everyday questions with the purchase of any property, you should be familiar with answers to the following:

1. Does the declaration prohibit any particular occupation or use of the units? Some examples are the no pets and conducting a business from the unit.
2. Is the project registered as a condominium corporation? If not, when is registration anticipated?
3. How many of the units are sold; owner occupied; rented?
4. If the unit is currently occupied by a tenant, how much notice to quit is needed by the Residential Tenancies Act?
5. Has a reserve fund study been performed? Is the corporation's budget and financial status suitable with the recommendations of the study?
6. What is the reserve fund balance?
7. Are any major renovations or repairs drawing near?
8. How much are the common element fees? What expenses do they cover?
9. Is the corporation self-managed or managed by a professional management company?

An Agreement of Purchase and Sale is an agreement between the purchaser and the seller of the property which states the specific terms of the purchase. A standard agreement form for condominiums is provided by the Nova Scotia Real Estate Commission. Remember, prior to signing any agreement of purchase and sale, bring it to your lawyer to review its terms and conditions of the documents to ensure that you are properly informed and your rights are protected.

If the agreement concerns a proposed unit or if the developer is the vendor, it should include:

1. A copy of the survey plans which shows the perimeters of the land and building(s),
2. The shape, boundaries, and location of the unit, and the common elements
3. A copy of the declaration, by-laws, and common element rules.
4. If the unit is incomplete, confirm the completion date.
5. If the unit is not yet registered, specify that your offer is based on the documents forming part of your agreement of purchase and sale and is conditional upon the registration of the unit under the Condominium Act prior to the closing date.
6. If the unit is in a phased-registration development, you should receive information in addition to the above noted, including:

• A description of the overall plan of the development
• A statement that the declarant is not necessary to create any other phases
• A statement listing the estimated registration dates of subsequent phases
• A statement that sets out, for each anticipated phase, the estimated location of the buildings/structures, the approximate number of units, the proportions of ownership, voting and contributions to common expense fees that exist for each unit after the phase is registered, as well as a schedule of when common facilities will be available.

7. If interested in a resale unit, confirm that your offer is conditional upon you receiving an estoppel certificate.

If you change your mind after you have signed an agreement, consult your lawyer. If the unit is a new one and the agreement is between you and the declarant, you are entitled to receive information about the survey, design plans of the condominium, the declaration, by-laws and common element rules and regulations of the corporation. You have either five days or the time specified in the agreement. During this time, you can change your mind if anything contained in these documents materially affects your enjoyment of the property and you and the vendor are unable to amend the matter or waive the objection.

You must withdraw your offer in writing and it must be in the hands of the vendor within the "cooling off" period.

When it comes to your individual unit, you can do anything in your unit that you can do in a private home, subject to the rules and by-laws of the corporation. Commonly the unit owner is forbidden from any actions that could threaten the project's insurance coverage or cause inconvenience to or interference with other unit owners.

You are able to rent your unit but you must inform the corporation of the rental and provide the tenant(s) with a copy of the corporations’s declaration, by-laws and rules/regulations. The tenant is responsible to obey with the Condominium Act and the corporations's declaration, by-laws, rules and regulations and it is the unit owner's responsibility to guarantee they do.

Here are some “what if” situations for your review:

1. My unit is damaged by fire or flood?
   -It is the corporation's responsibility to insure and repair the unit.
2. The structure is damaged by fire or flood?
   -It is the corporation's responsibility to insure, maintain, and repair the common elements which mostly includes the structure.
3. The next-door unit is rented to tenants who are disruptive?
   -First, address the problem with the corporation and the person who owns the unit, preferably in writing.
   -If the corporation and the unit owner are not prepared to take action against the tenant, or they are unable to effect compliance, you will be able to proceed against the occupier of the unit through the arbitration process available under the Condominium Act.
4. I am unhappy with the way the condominium is being managed?
   -If your concerns regard the building manager, go to the board of directors with your complaints/suggestions for improvement.
   -If you are unhappy with the board of directors, ask to review their records and the (audited) financial statements.
   -Complain in writing and try to be reasonable. If you feel that the board is not taking any action on your complaints, you can make application to have the matter resolved by arbitration.
5. My concerns are not addressed or I have issues with the Board of Directors?
   -The Arbitration Process under the Act is available to address various types of issues that may arise in condominium living.

Here are some “can I” situations for your review:

1. Move into my unit before construction is completed?
   -You should consult your lawyer about this. Before you move in, confirm that there is an occupancy permit for your unit and make a list of any items that need to be corrected and/or completed for the developer.
2. Paint the interior of my unit?
   -Yes, as long as the appearance of the building or exterior is not affected.
3. Move interior walls in my unit?
   -Yes but only with written permission from the corporation. There is usually a process in place for you to obtain the required permission.
4. Plant a garden in my "exclusive use" lawn?
   -Only with the written permission of the corporation as well.
5. Inspect corporation records?
   -Yes, on reasonable notice and time. There may be a reasonable fee charged for copying documents.
6. Attend annual meetings?
   Yes. The corporation must advise owners of meeting details.
7. Get extra parking spaces?
   -If there is room, but you will often be charged an extra monthly fee.
8. Refuse to pay my share of the common expenses?
   -No. You are responsible to pay your common fees. If you don't, the corporation may obtain a lien against your property for the arrears. If you have a problem, advise the property manager or board of directors. If it is unresolved, bring it up at next meeting or request that the matter go to arbitration.
9. Become a board member?
   -It is in your best interest to take an active role in the operation of your corporation. If you are prepared to become a director of your corporation, make it known to the present board and other unit owners. Advise them of your qualifications/interest.
   -The board of directors takes responsibility for managing the condominium property and its business affairs.
10. Change a by-law?
    -Yes, only with the co-operation of other owners. A vote in favour of the change by those owning at least 60% of the common elements is required to approve/amend a by-law.

If you are wondering if/how you sell your unit when it is time for you to move, you can do it so the same way you would sell any other kind of real property.

The Registry of Condominiums is available to respond to questions regarding the Act and Regulations and condominium living issues. They may be contacted at 424-5580 or 424-5758.