Can I See My Alberta Condo Corporation's Financials and Minutes?

If you own a condo, you help pay for the corporation's spending, so it is reasonable to want to see its budget, financial statements and meeting minutes. Alberta law gives owners a clear process for asking.

This article explains what the corporation must provide, how to ask, what it can charge, what may be withheld, and what to do if you are stonewalled. It is general information, and a lawyer can confirm what applies to your situation.

This article covers the law of Alberta.

What the corporation must provide

On written request, the corporation must provide any prescribed information or documents to the person making the request. The Regulation lists them, including the following.

• The information statement
• The budget
• Annual financial statements
• Bylaws
• General meeting and board meeting minutes
• Non-privileged professional reports
• Insurance certificates and policies, and the standard insurable unit description
• Reserve fund plans, reports and annual reports

Owners also receive an annual reserve fund report with the annual general meeting package. Anyone providing condominium management services in Alberta must be licensed by the Real Estate Council of Alberta.

How to ask and how long it takes

Make the request in writing and keep proof of when you sent it. On a written request, the corporation must provide the prescribed information or documents within 10 days after receiving it. Name the specific documents and the periods you want, using the list above.

An estoppel certificate is a separate document that sets out the contribution payable, how often it is payable, contributions in arrears and interest owing. It is mainly used when an owner sells, buys or refinances. An owner, purchaser, mortgagee or their representative can request it, and the request must be in writing.

What it can cost

The corporation may charge for producing documents only where authorized by regulation and in the prescribed amount. Fees are maximums and can change if the regulations are amended.

If you are charged more than these amounts, ask the corporation to explain the charge in writing.

What can be withheld

The prescribed list covers professional reports only if they are not privileged, so a report that is privileged is not something the list requires to be provided. Documents outside the prescribed list may not have to be provided on request. Whether a particular record falls inside the list can depend on the facts, and a lawyer can confirm.

Corporation bylaws regulate its administration, and owners are bound by them. Check yours, because they may set additional procedures about records.

If the corporation does not respond

Follow up in writing after the 10 days have passed, referring to your original request. If that does not work, the Condominium Dispute Resolution Tribunal hears disputes about any matter related to condominiums under the Act, regulations or bylaws. Any party to a dispute may apply to the Tribunal, but no application can be filed if a Court action has commenced on the same dispute.

Tribunal decisions are binding and enforceable like a Court order once filed, and a party may appeal to the Court no later than 30 days after receiving the decision. The Court can also remedy improper conduct, including non-compliance with the Act, regulations or bylaws.

• Write to the corporation or manager and list the documents you want.
• Note the date you sent it and calendar the 10-day deadline.
• Pay only fees that fit the regulated limits.
• Follow up in writing if there is no response.
• Speak with a lawyer before applying to the Tribunal or Court.

Frequently asked questions