In New Brunswick, each condominium corporation is first approved by the Director of Condominiums. The Director approves the declaration and description, assigns a legal name to the corporation (ie. York County Condominium Corporation No. 250), prepares a certificate of approval, and delivers a copy of the documents to the registrar of Land Titles. The registrar of Land Titles registers the declaration, description and other documents under the Land Titles Act. The registration of a declaration and description creates the corporation whose members are the unit owners. This includes the developer, who may own all or most of the units.

Hierarchy of Governing Documents

It is important to note that there is a hierarchy of governing authority among these documents. The New Brunswick Condominium Property Act (Chapter C-16.05) is the utmost governing authority. It, along with the Regulations under the Act, supersedes the Declaration, By-Law, and Common Element Rules. Continue reading →