- Before buying a condo, get the declaration, bylaws, common elements rules, reserve fund status certificate and audited financial statements.
- For a resale unit, the province advises making your offer conditional on receiving an estoppel certificate.
- Corporations with fewer than 10 units and those with 10 or more follow different reserve fund rules.
Owning a condominium means owning your unit and sharing the building with others through a condominium corporation. Nova Scotia's Condominium Act is the law that sets up that arrangement and shapes how the corporation, its bylaws and its shared property work.
This article does not walk through the Act section by section. Instead, it explains the practical points that matter most to buyers and owners and the documents that show how your particular corporation operates.
This article covers the law of Nova Scotia.
What the Act is for
In general terms, a condominium statute creates the corporation, gives owners a say in how it is run, and sets the framework for rules about shared areas, called common elements. The details that affect your daily life, such as pets, rentals and running a business, usually sit in the corporation's own documents.
For that reason, the Act is only part of the picture. Your corporation's declaration and bylaws matter just as much, and they can differ from building to building.
Documents to review before you buy
Condo buyers should get the declaration, bylaws, common elements rules, reserve fund status certificate and audited financial statements before buying, and ask whether the declaration prohibits any use such as pets or running a business.
The province also says to have a lawyer review the agreement before you sign.
- Declaration and bylaws: the core rules for owners.
- Common elements rules: how shared areas may be used.
- Reserve fund status certificate: the state of the repair fund.
- Audited financial statements: the corporation's financial health.
Reserve funds and major repairs
Ask whether a reserve fund study has been conducted, whether finances match its recommendations, the reserve fund balance, and whether major repairs are expected.
The rules differ with size. Corporations with fewer than 10 units must keep the reserve fund at 100 percent of the amount assessed annually; those with 10 or more units base contributions on a reserve fund study covering at least 20 years; the fund must be fully funded within five years of creation. Because that summary is dated, confirm the current requirements with your lawyer.
Resale units versus new units
| Situation | What to know |
|---|---|
| Resale unit | Make the offer conditional on receiving an estoppel certificate. It must state the corporation's insurance coverage, including fire, public liability and directors' liability insurance and the amount or value of each policy. |
| New unit from the declarant | You have ten days to rescind if the documents materially affect enjoyment of the property and the vendor will not fix or waive the issue; rescission must be in writing and in the vendor's hands within the ten-day period. |
| New development budget | The developer's lawyer holds in trust money equal to 10 percent of the budget from the first unit's sale, so the corporation can claim if first-year costs exceed the budget by more than 10 percent. |
A new home warranty is not required by law in Nova Scotia; some builders offer a warranty or provide one through a third-party home warranty program. Cooling-off rights for resale units are not something to assume, so ask your lawyer.
What to do next
- Request every corporation document before you sign or while conditions are still open.
- Check the declaration for limits on pets, rentals or business use.
- Review the reserve fund balance and any expected major repairs.
- Add an estoppel certificate condition to a resale offer.
- Have a lawyer review the agreement and the documents.
Frequently asked questions
Does the Condominium Act control my bylaws?
Read them before you buy and ask a lawyer how they fit together.
What is an estoppel certificate?
On a resale unit, it is a document from the corporation, and it must state the corporation's insurance coverage, including fire, public liability and directors' liability insurance and the amount or value of each policy. The province advises making your offer conditional on receiving one.
Can I back out of buying a new condo?
For new units from the declarant, you have ten days to rescind if the documents materially affect enjoyment of the property and the vendor will not fix or waive the issue. Rescission must be in writing and reach the vendor within that period.
Is a new home warranty required?
A new home warranty is not required by law in Nova Scotia, though some builders offer one or provide one through a third-party program. Ask the builder what is included.
Sources
- Service Nova Scotia – Buying a Condominium — novascotia.ca
- CMHC – Nova Scotia fact sheet (2018) — cmhc-schl.gc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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A home purchase with us is from $1,653.86, tax included. Third-party fees are extra.