How does an estoppel certificate work when I buy a condo in Alberta?
This answer covers the law of Alberta.
Yes, you can ask the condominium corporation for an estoppel certificate in writing, and it must provide it within 10 days. For a conditional offer on a resale condo, set your condo-document condition so that this delivery window fits inside it. An owner, a purchaser or a mortgagee, or their lawyer or authorized person, can make the request.
The certificate covers contributions payable, how often they are paid, and any arrears and interest owing. It is conclusive proof of those matters in favour of the person who asked for it, as of the certificate date. Other prescribed information and documents are also due within 10 days of a request, and the corporation may charge the prescribed fee where a regulation authorizes it.
Ask for the current insurance certificate as well, because owners must receive written notice within 30 days of the corporation receiving a certificate when the deductible or coverage changes. What a buyer can do if the condo documents raise concerns depends on the wording of your signed contract and the regulation, so it is worth confirming your options with a lawyer before you sign. Fee amounts, condition length and whether a deposit is refunded depend on the regulation and your signed contract, so have a lawyer review the documents.
Key takeaways
- An owner, purchaser or mortgagee, or their lawyer or authorized person, can make a written request, and the corporation must provide the estoppel certificate within 10 days.
- The certificate is conclusive proof of what it certifies in favour of the person who asked, as of its date.
- Other prescribed condo documents are also due within 10 days of a request, and the corporation may charge the prescribed fee where a regulation authorizes it.
- Fee amounts, condition length and any deposit refund depend on the regulation and your signed contract, so have a lawyer review the documents.