Estoppel Certificate

The Estoppel Certificate is a very important document that provides the status of a specific condominium unit when there is a transfer of ownership. This information and its accuracy is vital to the purchaser as it is this document that provides the new owner with a great deal of information including current or contemplated expenditures for which they may be liable.

The Corporation is responsible for providing this document to the parties of the transaction prior its completion. The following format is required as per Section 64 of the Condominium Act and Regulations.

There have been several new owners in the building over the past few years. They should ensure that they have been provided with this document and that it includes all relevant information.

CONDOMINIUM PROPERTY, 2001                         C-26.1 REG 2

FORM GG [Section 53]

Estoppel Certificate

(the “corporation”)

(name of condominium corporation)

DATE:___________________________________________________

TO:______________________________________________________

RE: UNIT NO. _____________________________ (the Unit)

CERTIFICATE

The corporation certifies that, as of the above date:

1. (Provide the following information:

(a)   the amount of the common expense contribution levied respecting the Unit;

(b)   the amount of the reserve fund contribution levied respecting the Unit;

(c)   the extent to which the contributions have been paid respecting the Unit;

(d)   the amount of any unpaid contributions or arrears in contributions respecting the Unit;

(e)   the manner in which the contributions are payable [for example, by annual or monthly instalments];

(f)    the amount of any extraordinary contribution levied on the Unit and the extent to which it has been paid);

(g)   the corporation has bylaws creating sectors and the unit is included in a sector.

2. The corporation is not aware of any default by the present owner of the Unit in fulfilling any of the owner’s obligations arising from membership in the corporation and ownership of the Unit, except as specified above or noted below:

  1. The corporation holds insurance policies as required by The Condominium Property Act, 1993, and its bylaws and the policies are in good standing. (Describe particulars of insurance, including the carrier, the agent, the amount, the date of renewal, additional endorsements and the deductible, or attach a certificate of insurance that includes these particulars.)
  2. The corporation has not been served with a notice of any unsatisfied judgments against the corporation, any existing orders or actions, suits or proceedings pending against or affecting the corporation before or issued by any court or any public authority having jurisdiction except as listed below: (include particulars about any matter listed)

 

72

C-26.1 REG 2                  CONDOMINIUM PROPERTY, 2001

5. Since the date of the last audited financial statements of the corporation there has been no material adverse change in the assets or liabilities of the corporation except as follows:

6. The corporation has not taken any action nor has it received notice of any pending rocepedings:

(a)   for the transfer or leasing of the common property or services units of the corporation or any part of it, except to the extent permitted under its bylaws in relation to the assignment of parking spaces and privacy areas to individual units;

(b)   to authorize any substantial change in or addition to the common facilities, services units or any other substantial change in the assets of the corporation;

(c)   to amend the condominium plan relating to the corporation as presently approved and filed;

(d)   to amend the bylaws of the corporation as constituted pursuant to The Condominium Property Act, 1993 or as presently filed;

(e)   to amend the bylaws of the corporation to create or dissolve sectors within the corporation;

(f)   for the appointment of an administrator for the corporation;

(g)   to terminate the condominium status of the land and buildings comprising the condominium property of the corporation;

(h)   to amend the scheme of apportionment of property taxes pursuant to The Condominium Property Act, 1993 and the regulations made pursuant to that Act; or

(i)    to appeal the assessment of the rates, charges or taxes on the units and common property of the corporation levied by any assessing authority, or to apply for approval of a new scheme of apportionment for assessment purposes.

7. There has been no scheme of apportionment of property taxes ordered by the

Saskatchewan Municipal board pursuant to The Condominium Property Act, 1993 and the regulations made pursuant to that Act.

OR

7. There has been a scheme of apportionment of property taxes ordered by the Saskatchewan Municipal Board pursuant to The Condominium Property Act, 1993 and the

regulations made pursuant to that Act, described as follows: ______________________________________

 

73

CONDOMINIUM PROPERTY, 2001                       C-26.1 REG 2

 

8. There has been no reapportionment of common expense or reserve fund contributions pursuant to The Condominium Property Regulations, 2001.

OR

8. There has been a reapportionment of common expense or reserve fund contributions

pursuant to The Condominium Property Regulations, 2001 described as follows: ______________________

  1. The amount of the reserve fund is: ______________________________________________________
  2. There are no contracts extending beyond one year except as follows:
  3. The corporation states that the unit factors among the units included in the

condominium plan have been apportioned as follows: ___________________________________________

  1. A reserve fund study report is available on request:

Yes                      Date of report: ____________________________________________________

No                       Why not? ________________________________________________________

  1. The qualifications of the person who conducted the reserve fund study are:
  2. The corporation states that the person who conducted the reserve fund study is not an owner, employee or agent of the corporation, nor is he or she a property manager of or otherwise associated with the corporation:

Yes

No          If no, indicate relationship of person who did the study to the

corporation.

 

74

C-26.1 REG 2                  CONDOMINIUM PROPERTY, 2001

15. The corporation has adopted a funding plan in conformity with the recommendations in the reserve fund study report:

Yes

No                 Why not, or in what way is the funding plan not consistent with the

recommendations in the report?

The corporation also advises for your information only, BUT DOES NOT CERTIFY, that, as of the above date:

The names and addresses of the members of the board of directors of the corporation are:

(name of condominium corporation)

by:

(Signature of officer of the corporation – include title)

If requested, copies of the following documents will be provided on payment of the fee noted opposite each document:

  1. latest financial statements for the corporation                         $
  2. current budget for the corporation
  3. current policy of insurance
  4. current bylaws of the corporation
  5. any current management agreement

If the corporation wishes to, it may disclose the following:

  1. The particulars of the parking or any exclusive use area, including any special rules regarding those areas.
  2. The date of the last annual meeting and the date of the next annual meeting, if known.