Regular Condominium Guide

Regular Condominium Guide DISCLAIMER The materials in this training manual are for demonstration purposes only. The forms are subject to change at any time without notice. Use of outdated forms may result in transactions being rejected or delayed. Always look to the web site for the most recent versions of the forms. Information Services Corporation of Saskatchewan will not be responsible for loss resulting from the use of outdated forms. The characters and events depicted in this manual are fictional. Any similarity to real events or persons (whether living or deceased) is unintentional. Copyright 2005, Information Services Corporation (ISC) of Saskatchewan. All rights reserved. You may not copy, reproduce, translate or reduce to any electronic medium or machine-readable form, in whole or part, without prior written permission of Information Services Corporation (ISC) of Saskatchewan. While every reasonable precaution has been taken in the preparation of this manual, the author and publishers assume no responsibility for errors or omissions, nor for uses made of the material contained herein and the decision based on such use. Neither the author nor the publishers make any images, warranties or guarantees of any kind, either express or implied. Neither the author nor the publishers shall be liable for any indirect, special, incidental, or consequential damages arising out of the use or inability to use the contents of this book whether the publisher has been advised of the use of this publication or not. Regular Condo Guide 2005 02 01

Table of Contents Regular... 1 INTRODUCTION...1 APPLYING FOR TITLES...2 SEARCHING TITLES TO SOURCE PARCEL(S)...2 DOWNLOADING THE FORMS...2 COMPLETING THE FORMS...3 A. Application for Transfer (Part I Surrender)... 3 B. Transform Authorization by Owner... 3 C. Consent of Mortgagee to Transform... 5 D. Affidavit of Value (Condominium)... 6 E. Application for Condominium Ownership Register Setup... 6 F. Information to Obtain Condominium Corporation Number.. 7 G. Application for Transfer (Part II Set Up)... 8 H. Title Print Request (optional)... 9 I. Application for Interest Registration... 10 J. Condominium Packet Cover Page... 11 ASSEMBLING THE PACKET...12 SUBMITTING THE PACKET...13 SUMMARY...13 Regular Condo Guide 2005 02 01

Regular INTRODUCTION In standard or regular condominiums, buildings are divided into units. Typically, these will be apartment-style units. This is the most straightforward and traditional way of developing a condominium. The process involves dividing a new building or buildings into units, or converting an existing building to units. The building(s) must be built and divided into units by the time the condominium plan is submitted for approval. The condominium plan can describe the boundaries of the units. If it does not, default provisions in The Condominium Property Act, 1993 ( the Act ), apply. For those plans registered before January 1, 1995, the default provision stated that the boundary of the unit was the mid-point between the two units or between a unit and common property. For condominium plans registered or approved after January 1, 1995, the default provision in the Act provides that doors and windows and decorated interior surfaces are part of the unit. Anything that is not part of a unit is common property. The first step in developing a condominium is to obtain plan approval pursuant to The Land Surveys Act, 2000. For more information about plan approval and fees, please contact Plan Processing (PPS) at ISC by calling 1-866-275-4721. After the plan is approved, and a Transform Approval Certificate (TAC) issued, the developer is in a position to apply to Land Registry for titles to the new units. When the titles are issued, the condominium corporation comes into existence. This guide will help you prepare a packet for titles pursuant to an approved plan for a regular condominium. Regular Condo Guide 2005 02 01

APPLYING FOR TITLES STEP 1: SEARCHING TITLES TO SOURCE PARCEL(S) A Transform Approval Certificate lists the source parcels and the new condominium parcel that is created from the source parcel(s). The TAC is valid for one year from date of plan approval and may be renewed for an additional year. It is important to search the title(s) to the source parcel(s) as a first step in preparing your packet. This is because: New interests may have been registered against the title(s) since the date the plan was approved. As these interests will be automatically carried forward to the titles for the new units, you may want to see if any of the new or existing interests need to be discharged Certain problems may delay application, e.g. if title to source parcel is subject to a lock; You need to determine the registered owners and mortgagees on the title(s) to the source parcel(s). As you continue with this guide, it is also useful to have on hand the source title(s), the approved plan and the TAC. STEP 2: DOWNLOADING THE FORMS You will need some or all of these forms, which can be obtained from the http://www.isc.ca/ web site: Condominium Packet Cover Page Transfer (Part I - Surrender) Transform/Multiple Transfer Authorization Consent of Mortgagee to Transform Affidavit of Value (Condominium) Application for Condominium Ownership Register Setup Additional Condominium Ownership Register Setup Regular Condo Guide 2005 02 01 2

Information to Obtain Condominium Corporation Number Application for Transfer (Part II - Set Up) Title Print Request (optional) Application for Interest Registration Begin Attachment Sheet STEP 3: COMPLETING THE FORMS When the proper forms are completed and assembled, they form a packet, which may consist of several applications. When a packet is submitted to the Land Registry and successfully registered, titles are issued to the new units. Here is a step by step guide to completing the forms: A. Application for Transfer (Part I Surrender) Use this form to surrender title(s) to the source parcel(s). Complete the following sections: Application Sequence Number Usually, the surrendering of the source title(s) is the first step in this type of packet, so insert 1 here. Application Sheet Count Not applicable. Complete Section A only Insert the 9-digit transform number, which you can find on the Transform Approval Certificate (TAC). B. Transform Authorization by Owner The owner(s) of the source parcel(s) must both surrender the source titles and authorize the transform. Usually, the developer will own the source parcel. Complete the Transform/ Multiple Transfer Authorization as follows: Name As the name appears on the title being surrendered, or the name of corporate signing officer if the developer is a corporate entity. Regular Condo Guide 2005 02 01 3

Position If signee is a corporate signing officer. Corporation If applicable, enter the name exactly as it appears on the title being surrendered. Check Transform Number box Insert the transform number, which is found on the TAC. to Insert the name of the developer here, as all new units must initially be set up in the name of the developer. This is a legislative requirement under clause 5.1(2)(e) of The Condominium Property Act, 1993. Date, Signature Have owner complete. Witness Sections Have the witness sign and print his or her name below the signature. If the witness is a Saskatchewan lawyer, check the applicable box. Otherwise, the witness will need to complete the section titled Affidavit of Execution. If the owner is a corporate entity, the signature of the signing officer may be accompanied by a corporate seal. No witness is then required. If the officer executing the authorizaton does not seal the authorization with a corporate seal, he or she must complete the section titled Affidavit Verifying Corporate Signing Authority, and his or her signature must also be witnessed by a witness. If the affidavit of execution is sworn or affirmed outside Saskatchewan, please see section 24 of the regulations to The Land Titles Act, 2000. If the titles being surrendered involve more than one owner, each owner must complete a separate Transform/Multiple Transfer Authorization form. Important note about corporate owners: If the owner of the source parcel is a corporate entity, it must be validly registered at Corporations Branch (i.e. legally able to carry on business in Saskatchewan). The entity must have a COBRA-related client number in the LAND system as proof of capacity to surrender land. Check for this number if the owner of the source parcel is a corporate entity. Regular Condo Guide 2005 02 01 4

C. Consent of Mortgagee to Transform If the source parcel(s) is subject to any mortgage(s), then the mortgagee must also consent to the transform. The Consent of Mortgagee to Transform must be attached as part of the authorization for Application for Transfer (Part I Surrender). If there is more than one mortgagee, each mortgagee must complete a consent form. Complete the following sections: Name Enter the name of mortgagee as it appears on the title being surrendered, or name of corporate signing officer for the mortgagee. Position If signee is a corporate signing officer. Corporation If applicable, enter the name exactly as it appears on the title being surrendered. Transform Number Add transform number. Date, Signature Have mortgagee complete. Witness Sections Have the witness sign and print his or her name below the signature. If the witness is a lawyer licensed to practice in Saskatchewan, check the applicable box. Otherwise, the witness should complete the section Affidavit of Execution. If the mortgagee is a corporate entity, the signature of the signing officer may be accompanied by a corporate seal. No witness is then required. If the officer executing the authorizaton does not seal the authorization with a corporate seal, he or she must complete the section titled Affidavit Verifying Corporate Signing Authority, and his or her signature must also be witnessed by a witness. If the affidavit of execution is sworn or affirmed outside Saskatchewan, please see section 24 of the regulations to The Land Titles Act, 2000. Regular Condo Guide 2005 02 01 5

D. Affidavit of Value (Condominium) Complete an Affidavit of Value for the new units being created by the plan. Any person with knowledge of the fair market value of the units may complete an Affidavit. The Affidavit forms part of the surrender application. Insert it behind the owner and mortgagee authorizations. E. Application for Condominium Ownership Register Setup This form sets up the ownership register for all the units in the condominium plan. No fees apply to this application. Complete the following sections: Application Sequence Number As applicable. Application Sheet Count Not applicable. Initial Setup of Condominium/Phased Condominium Development Check this box. Transform Number - Insert the 9-digit transform number, which you can find on the TAC. Parcel Number - Insert the 9-digit parcel number under the column New Parcel(s) on the TAC. Unit Number Insert the unit numbers for all the units to be created by this condominium plan. Unit Factor Insert the unit factor for each unit. Unit Value Enter the value of the unit. If you need additional space to deal with all the units, complete the information for remaining units on the form Additional Condominium Ownership Register Set-up. Regular Condo Guide 2005 02 01 6

F. Information to Obtain Condominium Corporation Number Complete this form as set out below. This form will be forwarded to Corporations Branch, Saskatchewan Justice, which will use the information to set up information about the condominium corporation in its registry for example, name, address for service, and entity number. NOTE: Corporations Branch will contact the developer and advise of the new corporate entity number. Number of approved plan Enter the nine-digit plan number located on the TAC. Location of condominium This can be the legal land description of the condominium parcel, the parcel number, or a site location or address. Name of condominium corporation Please check one of the options. If you have reserved a name through Corporations Branch, check the appropriate box and attach a copy of the valid name reservation letter. If you wish the corporation to be set up using the standard name based on the entity number, check the appropriate box. * If a name reservation letter is not provided or is provided but the letter has expired by the date this application is submitted to Land Registry note that Corporations Branch will set up the new condominium using the standard name. Condominium Corporation Address for Service This should be the same as the address for service that appears on the approved plan. Name and Address of Applicant(s) This is usually the developer. Complete sections as required. Please attach behind this form a copy of the Transform Approval Certificate (TAC). Regular Condo Guide 2005 02 01 7

G. Application for Transfer (Part II Set Up) Use this form to set up title to the new units. Remember that these titles must initially be set up in the name of the developer. This is a requirement under The Condominium Property Act, 1993. This must be done even if some or all of the units have already been pre-sold to purchasers. You will need at least one set up application for each unit. If there is more than one developer, and if these developers will own the unit as tenants in common, you must do a separate title set up for each developer. Complete the following sections: Application Sequence Number As applicable. Application Sheet Count Not applicable. New Parcel Number Insert number of the parcel listed under new parcel(s) on the TAC. Transform Number Insert transform number. Condo Unit Number Enter the number of the unit you wish to set up on this application. New Owners Box Check the applicable box for form of ownership structure. If the owners are tenants in common, check the correct box and complete a separate Application for Transfer (Part II Set Up) for each tenant in common. Fractional Title Share - Represents the title share in the parcel. For example, if two tenants in common have an equal share, each title will have 1 / 2 share. The title share for single owners and for joint tenants will always be a 1/1 share. New Title Value Fair market value of title share. If there are two tenants in common, the new title value for each for will be ½ the unit value. Section A New Owner Complete this section if the developer already has a client number in our system. The client number and client name (spelling) must be an exact match, or the application to set up this title will be rejected. If the developer is a corporate entity, you must use a client number that is linked to its Corporations Regular Condo Guide 2005 02 01 8

Branch (COBRA) entity number. A corporate entity must be registered to carry on business in Saskatchewan, and owning land is carrying on business. To obtain the COBRA-related client number, please call 1-866-275-4721. Registration Conditions As a general rule, any interests registered against the source title will automatically carry forward to the new title being created for a unit. Check no conditions if you will accept the new title subject to any interests registered against the existing title at the time that this application is being processed. Complete conditional registration if you will accept new title subject only to interests that existed on the old title as of the specified date and time. Or choose free and clear if you will accept a new title only if it will show no interests at all. Note that if these last two types of registration conditions cannot be met by the system, the application will be rejected. H. Title Print Request (optional) Use this form to order a copy of the title print. The submitting party can order a title print by completing the first section. Send title prints to other persons, by completing the other sections of the form. Include a separate Title Print Request form behind each set up application for which you would like a title print. For each title print, there is a fee, plus a delivery fee. An official title print is printed on ISC security paper and is available only if the title print is ordered by mail. Instead of ordering title prints, you can print these from the ISC website after the packet has registered. You will be charged a title print fee, but no delivery fee. Regular Condo Guide 2005 02 01 9

I. Application for Interest Registration CLIENT TIP If your packet requires you to register a permanent encroachment agreement, please note that you have two options. You can place your interest registration application prior to the Application for Transfer (Part I: Surrender). In that case, you register the interest against the source parcel, and pay the registration fee applicable. When the unit titles are created, the interest registration automatically carries forward to the new titles. This may result in reduced fees. Or you may insert the application after the title set-ups this results in an interest registration fee being applied to each new title being issued. If you register your interest prior to the surrender application, you can use the instructions below, but: Change the Application Sequence Number as required; and Attach the interest to the source parcel number as found on the TAC, not the new parcel number. If the condominium plan is subject to a permanent encroachment agreement, the packet must include an interest registration based on this agreement. See clauses 5.1(1)(c), 10(1)(c) and subsection 10(6) of the Act. If this is the case, complete the form as follows: Application Sequence Number As applicable. Application Sheet Count Not applicable. Interest Type Enter the type: Condominium Property Act Encroachment Agreement Registration Conditions Check no conditions if you will accept this registration subject to any interests registered against the source title at the time that this application is being processed. Complete conditional registration if you will accept this registration subject only to interests that existed on the source title as of the specified date and time. Or choose free and clear if you will accept this registration only if there are no other interests at all. Note that if these last two types of conditions cannot be met, the application will be rejected. Attach Interest to - Enter the new parcel number as found on the TAC; the interest will then carry forward to all the titles associated with the parcel. Regular Condo Guide 2005 02 01 10

Fractional Title Share Enter 1/1 if there is only one holder (developer) for this interest. Section A Interest Holder Insert the correct client number and name of the holder(s). Begin Attachment Sheet - Attach a copy of the Encroachment Agreement which must be in Form A of the regulations to the Act. J. Condominium Packet Cover Page When you have completed all the necessary forms, and obtained all the required authorizations, complete the Condominium Packet Cover Page as follows: Packet Sheet Count Enter the total of all the pages in the packet, including the Cover Page. Application Count Enter the total number of applications submitted in the packet. An application is every sheet with a bar code. Do not include the Packet Cover Page. Section A If as the submitting party, you already have a client number, complete this section only. Insert your client number, your internal client reference number (optional), account number and account password. (If you do not have a client number, please complete Sections B and C.) Keep track of the bar code number on the Condominium Packet Cover Page. You will use this number to track your packet or check on its status. As the bar code number is unique, you cannot re-use a Packet Cover Page. Regular Condo Guide 2005 02 01 11

STEP 4: ASSEMBLING THE PACKET The packet you assemble will typically involve the applications discussed above, and in this order: - Condominium Packet Cover Page - Application for Transfer (Part I Surrender) - Transform/Multiple Transfer Authorization - Consent of Mortgagee to Transform - Affidavit of Value (Condominium) - Application for Condominium Ownership Register Setup - Additional Condominium Ownership Register Setup forms, as required - Information to Obtain Condominium Corporation Number - Transform Approval Certificate (TAC) - Application for Transfer (Part II Set Up) - Title Print Request (optional) + other set-up applications as required - Application for Interest Registration * - Begin Attachment Sheet - Form A (encroachment agreement) * If the condominium plan is subject to a permanent encroachment agreement. Note: You can either register a permanent encroachment agreement in this order or register it prior to the surrender application. For more information, please see page 10. Regular Condo Guide 2005 02 01 12

STEP 5: SUBMITTING THE PACKET Please do not submit original documents, as any rejected packets are not returned to you. If faxing the packet, please ensure that the forms will be legible when faxed to us. All methods of submission accept only 8 1/2 by 11 size paper. E-mail: mailto:packets@isc.ca Fax: (306) 798-1525 Mail: Information Services Corporation c/o e-business Services Centre 1301 1 st Avenue Regina, SK S4P 3V7 SUMMARY This document is a general guide only to applying for titles pursuant to a plan for a regular condominium. The forms and processes may be amended from time to time. For more information, please cal us at 1-866-275-4721. Regular Condo Guide 2005 02 01 13