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When does a condominium have to be migrated to the new land registration system? |
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Existing condominium units must be converted to the new system when they are sold or mortgaged, in the same way as any other parcel of land. As well, acceptance for registration of new condominium declarations triggers the conversion of all the condo units being created. |
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Q. |
Does a condominium registration that is “in process” when the LRA is proclaimed in a specific county have to be converted? |
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A. |
The Land Registration General Regulations include transition provisions which exempt ‘in process’ condominium registrations from conversion where: |
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1. all the documents necessary for acceptance for registration of a condominium corporation declaration have been submitted to the Registrar of Condominiums prior to the coming into force of the Act in that county, and |
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2. the accepted condominium registration is submitted to the Land Registration Office within 90 days of the coming into force of the Act in that county. |
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Q. |
Does the LRA establish any prerequisites for acceptance for registration of a condo declaration? |
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A. |
Confirmation that the affected parcel(s) of land have been converted to the new land registration system is a prerequisite for acceptance of the condominium declaration at the condominium registry. When they receive an accepted declaration for registration in the new system, the Land Registration Office staff create separate parcel registers for each condominium unit and establish a relationship between the common interests PID and the separate condo unit PIDs. |
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| Q. |
What proof must be provided to show that the parcels of land affected by a condominium declaration have been converted to the new land registration system? |
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A. |
The condominium registry will accept a print out from Property Online which shows that the parcels of land are registered, or a Certificate of Registered Ownership. |
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Q. |
What steps must be taken when a condo unit is sold or mortgaged? |
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A. |
When individual condominium units are transferred for value or mortgaged, they must be converted to the new land registration system. The first step in converting the condominium unit to the new land registration system is to match its legal description (the identification information provided in the corporation’s declaration; ie Level 4, Unit 6 Building A) with a parcel identification number (PID). This process is known as a Parcel Description Certification Application. In order to avoid delays in registering the condominium parcel, it is imperative that this certification takes place prior to a real estate closing. |
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| Q. |
Are there LRA procedures or standards for condo unit legal descriptions? |
| A. |
The LRA Parcel Certification Standards state that the identification information for a condominium unit must be the same as is stated in the declaration and must be able to distinguish the condominium unit from any other unit. For example: Phase 1, Building A, Level 4, Unit 1. |
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| Q. |
How do I update the ownership of a condominium unit which has been converted to the new land registration system? |
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To update the ownership of a condominium unit, a lawyer must prepare a Request to Revise the Registration and a Certificate of Legal Effect. |
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| Q. |
How does a declaration amendment, amendment to bylaws or other instrument, which affects a registered condominium unit, get recorded? |
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The interest holder (e.g. the Condominium Corporation) must record the interest against all parcels (condo units) which are registered in the new land registration system. This is done by submitting the actual document and/or plan to the Land Registration Office (previously the Registry of Deeds) together with a Request to Record an Interest which lists the PIDs of all the affected condo units. |
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| Q. |
If a declaration amendment or bylaw amendment affects one or more condo units registered in the new system and also some units which are not registered, what is required to record or register the document(s)? |
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In order to record the document against parcels (condo units) that are already in the new system, a Request to Record an Interest must be prepared and submitted with the document. To provide notice in the traditional indexes for the Registry of Deeds regarding the non-registered parcels, a second copy of the document (certified by a registrar of deeds, Commissioner of Oaths or Notary Public to be a true copy of the original) must be submitted for recording. Both documents will be submitted at the same time and to the same location, since the Land Registration Office and Registry of Deeds share the same office and front counter. For documents that must be approved and submitted to the Land Registration Office by the Condominium Registrar, the Condominium Corporation shall provide an extra original so that one can be recorded in the Land Registration system and one can be recorded in the Registry of Deeds. |
