What Is the Condominium Property Act, 1993 in Saskatchewan?

If you own or are thinking of buying a condominium in Saskatchewan, a particular law sets the ground rules: who runs the building, what the rules can say, and how money for repairs is handled. Knowing the basics helps you read bylaws, budgets and status documents with more confidence.

This article gives an overview of The Condominium Property Act, 1993. It is general information, and a lawyer can tell you how it applies to your unit and your corporation.

This article covers the law of Saskatchewan.

What the Act covers

The Condominium Property Act, 1993 (c. C-26.1) and The Condominium Property Regulations, 2001 govern Saskatchewan condominiums. Together they set out how a condominium corporation operates and what owners and the corporation can and cannot do.

Your own documents add detail. Each corporation has bylaws, and those must work within the Act.

In practice, the Act tends to matter most at three moments: when you are buying, when the corporation sets or changes its rules, and when the building needs major work. The sections below follow those moments, so you can jump to the one that fits your situation.

Bylaws and leasing

Bylaws are the day-to-day rules of the corporation. They can be amended by special resolution. That means a change needs the kind of owner approval the Act requires for a special resolution, so check how it works in your building.

There is one firm limit to know about if you are an investor or may rent your unit out. No bylaw may prohibit or restrict the lease of units (s. 44(2)).

Because bylaws can be amended, the copy you were given when you bought may not be the version in force today. Ask the corporation for the current bylaws and any amendments, and ask a lawyer how a particular bylaw fits with the Act if something looks unusual.

Reserve funds and money for repairs

The reserve fund is a corporation asset held in trust for statutory purposes and cannot be paid out to owners while the property remains under the Act (s. 61). Its purposes include unforeseen common expenses and major repair or replacement of common property and building systems (s. 55(3)).

A reserve fund study must be done every five years by a qualified person, such as an engineer or Certified Reserve Planner. Exception: condominiums with fewer than 12 units, and single-owner rental condominiums, are exempt from the reserve fund requirement.

A well-funded reserve can mean fewer surprise special assessments, so buyers should look at how the fund is doing and when the last study was done.

When you read a budget or financial statement, look for how the reserve fund is described and whether a recent study is available. If the building is small or is a single-owner rental condominium, the study may not apply, so ask the corporation which situation you are in.

Estoppel certificates and buyer information

On an owner's application, a condominium corporation must issue an estoppel certificate in the prescribed form, and the corporation cannot later deny what it certified. The 2001 Regulations allow a fee of up to $200.

For a resale unit, the buyer can request an estoppel certificate from the corporation. It covers fee payment status, contribution amounts, insurance, and outstanding lawsuits or judgments against the corporation.

Think of an estoppel certificate as a written statement from the corporation about where things stand. Because the corporation cannot later deny what it certified, it is worth reading carefully and keeping a copy with your closing documents.

New units work differently. For new condominiums, the developer must give the buyer a copy or description of the purchase agreement, bylaws, management agreement and condominium plan, among other documents.

What to do next

• Get a copy of the bylaws and read the parts on leasing, pets, fees and alterations.
• If you are buying a resale unit, request the estoppel certificate.
• Ask for the most recent reserve fund study, unless the building is exempt.
• If you are buying new, confirm you received the documents the developer must provide.
• Have a lawyer review the documents before you remove conditions or close.

If a dispute arises with your corporation, keep your correspondence and ask a lawyer how the Act applies before you act.

Bring your bylaws, the latest budget, any estoppel certificate and any reserve fund study to that conversation. Having the paperwork in one place makes it easier to see which parts of the Act matter for your unit.

Frequently asked questions