Can an Alberta Condo Board Charge a Special Levy Without an Owner Vote?
This answer covers the law of Alberta.
Usually, yes. An Alberta condo board can generally approve a special levy by its own resolution, without a vote of the owners at a general meeting. The main exception is a levy for a capital improvement, which needs a special resolution of the owners first.
A special levy can fund unexpected and urgent repairs, operating shortfalls, topping up the reserve fund to meet the reserve fund plan, capital improvements, or satisfying a judgment against the corporation. A levy may follow an underfunded reserve fund, which the corporation must keep reasonably sufficient for major repairs. After approving a levy, the board must tell each owner its purpose, total amount, how each unit's share was calculated, the owner's amount and the payment dates, and unused money goes to the reserve fund.
If you disagree, you can raise it with the board. Alberta.ca points owners to the process for resolving condominium disputes, and how that process applies to a particular levy depends on your situation. The Court can also remedy improper conduct under section 67 of the Act. Whether the Tribunal can hear a levy dispute is worth confirming with a lawyer.
Key takeaways
- The board can generally approve a special levy by resolution, and an owner vote at a general meeting is usually not needed.
- A levy for a capital improvement is the key exception and needs a special resolution of the owners first.
- After approving a levy, the board must tell each owner the purpose, total, how shares were worked out, the owner's amount and the payment dates.
- If you disagree, you can raise it with the board or ask the Court to remedy improper conduct under section 67 of the Act, and a lawyer can confirm whether the Tribunal can hear a levy dispute.