New Brunswick Condo Document Review
The law in plain English
Condos are governed by the Condominium Property Act and its General Regulation. The Act sets the rules for running a corporation, sharing costs, keeping a reserve fund and disclosing information to buyers. A provincial Director oversees parts of the system, including receiving reserve fund studies.
The key buyer document is the estoppel certificate under section 51. An owner or a purchaser can apply for it. The corporation must issue it within 10 days after the application or payment of the fee, whichever is later, and can charge a reasonable fee for labour and copying. If it's late, it's deemed to state that there's no default and no undeclared increase in common expenses.
What the estoppel certificate tells you
- amounts owing on the unit, how they're payable and how much has been paid
- the property manager, and the corporation's officers
- the common expenses, and whether they're prepaid
- how the reserve fund is collected and its current balance
- assessments due in the current year
- planned major capital spending
- lawsuits by or against the corporation, and corporate debt
- insurance coverage and amounts
- proposed amendments to the by-laws or declaration
- anyone owning 10% or more of the common elements
Documents to request: New Brunswick checklist
- Estoppel certificate
- Declaration (attached)
- By-laws (attached)
- Reserve fund study (attached, where one is required)
- Reserve fund status certificate, completed by the study's author
- Latest reserve fund study update
- Board and owners' meeting minutes for 2 years
- Current budget and financial statements
- Insurance policies and deductibles
- Rules
- Engineering or building condition reports
- Management agreement
Owners have a right to the corporation's records, including minutes, agreements and insurance policies, so the minutes and other items not attached to the certificate come through the seller or their agent.
Reserve fund rules and timelines
Every New Brunswick corporation keeps a reserve fund. In buildings of 10 units or fewer, the fund must reach 100% of the annual operating budget within 5 years of registration. For buildings with more than 10 units, the Act sets firm rules:
- a full reserve fund study every 10 years, filed with the Director within 30 days
- an update every 3 years, or sooner if the corporation's assets change significantly
- a reserve fund status certificate completed by the person who prepared the study
- a reserve fund kept at at least the minimum the study recommends, with owners' contributions raised if it falls short
That last rule means an underfunded reserve in New Brunswick isn't a matter of board preference. Contributions have to go up, so a shortfall in the study is a fee increase you should plan for.
Cooling-off and rescission
We found no statutory cooling-off period for resale condos in the Act. Your protection is the conditions in your offer.
When the developer is the seller, the Act writes a mandatory clause into the agreement. You have 10 days after receiving the prescribed documents to review them, and if you object in writing to something that materially affects your enjoyment of the property and the developer won't fix it, the agreement is void and your deposit is returned.
Red flags in New Brunswick buildings
- A reserve fund below the study's recommended minimum, which means contributions must rise
- A study more than 10 years old, or an update more than 3 years old
- Assessments due this year or major capital spending planned
- Lawsuits or corporate debt on the certificate
- Insurance gaps, or high deductibles passed to owners
- Older buildings with roof, window or envelope work discussed in the minutes
- Rules that restrict rentals, pets or renovations
What CondoShield checks
We read the estoppel certificate, declaration, by-laws and reserve fund study together, then compare them with the financial statements, budget and minutes. We check whether the reserve fund meets the study's minimum, what capital work is coming, how insurance and deductibles fall on owners, any legal or debt exposure, and the rules that affect your plans. You get a plain-language report with questions to raise before you firm up. Premium reviews are completed within 24 hours of having all required condo documents and include a video call.
Resources for New Brunswick buyers
- Condominium Property Act, SNB 2009 c C-16.05statute
- Condominiumsgovernment guide hub / regulator (web)
- Information for Ownersgovernment owner guide (web)
- Condominium FAQgovernment guide (web)
- Condominium Forms and Documentsforms (web)
- Land Registryland titles / registry (web)
- Real estate licence checkreal estate regulator (web)
- CCI New Brunswick Chaptercondo institute (web)
- New Brunswick condo fact sheetfederal consumer fact sheet (web)
New Brunswick cities we cover
Public condo records in New Brunswick are thin, so we don't publish separate city pages here yet. Our database has 36 condo buildings in Saint John and 7 in Fredericton, out of 68 across the province. Use the map below to look yours up, and we can review any New Brunswick building once you have the documents.
Find a New Brunswick building
General information, not legal advice. Condo laws, forms and fees change; confirm details with the official source or a lawyer before you rely on them.