Requesting Condo Documents in Alberta: 10-Day Deadline and Fee Limits

Whether you own a condo or are thinking of buying one, the corporation's records tell you a lot. They show how the building is run, what it costs, and whether any problems are coming. In Alberta, you have a legal right to ask for many of these records.

This article explains what you can ask for, how fast the corporation must answer, what it can charge, and what your options are if it does not respond.

This article covers the law of Alberta.

Your right to request documents and the 10-day deadline

The Condominium Property Act and the Condominium Property Regulation are the main laws for condominiums in Alberta. Under the Act, when you make a written request, the corporation must provide the prescribed information or documents within 10 days after it receives your request.

Put your request in writing and keep a copy, along with proof of when you sent it. That date matters, because the 10 days run from when the corporation receives the request. A clear list of the documents you want makes it harder for the request to be misunderstood.

What you can ask for

The Regulation lists the documents that must be provided on request. They include:

• An information statement
• The budget
• Annual financial statements
• The bylaws
• General meeting and board meeting minutes
• Professional reports, other than privileged ones
• Insurance certificates and policies
• The standard insurable unit description
• Reserve fund plans, reports and annual reports

The professional reports on that list are the non-privileged ones. If a document is withheld, ask the corporation to explain why.

Red flags to look for as a buyer

The information statement is often the most useful document for a buyer. It covers pending or unsatisfied actions and judgments, reserve fund and contribution amounts, structural deficiencies, loans, plans of survey and unit factors. Each of these can affect what you will pay after you buy.

• Lawsuits or unpaid judgments against the corporation
• A low reserve fund balance or large contribution amounts
• Structural deficiencies noted in the statement
• Loans the corporation has taken on
• Meeting minutes that mention repairs, disputes or planned special levies
• Reserve fund reports that show major work coming up

If you see any of these, ask a lawyer to review the documents before you remove conditions from a purchase.

What the corporation can charge

A corporation may charge fees for producing requested documents only where the regulation authorizes the fee and only up to the prescribed amount. The main limits are:

These are maximums, and regulations can be amended, so confirm the current amounts before you rely on them. An estoppel certificate is a separate document with its own timeline and fee rules, so see the separate article on estoppel certificates.

If the corporation does not respond

Start by following up in writing with the board, referring to the 10-day deadline. Many delays come from a busy manager or a misplaced email, and a clear reminder often solves it. The corporation is responsible for the control, management and administration of its property.

If that does not work, you have two formal routes. The Condominium Dispute Resolution Tribunal hears disputes about matters related to condominiums under the Act, the regulations or the bylaws. Alternatively, the Court can remedy improper conduct, which includes non-compliance with the Act, regulations or bylaws.

The two routes are linked by timing rules. No Court action may start once a Tribunal hearing has concluded, and no Tribunal application can be filed if a Court action has already started on that dispute. Because of this, it is worth getting legal advice on which route fits before you file.

Note that Tribunal decisions are binding and enforceable like a Court order once filed, and the deadline to appeal or seek judicial review is 30 days after receiving the decision.

What to do next

• Write down exactly which documents you need and send the request in writing
• Note the date the corporation receives it and count 10 days
• Ask for the fee amount before you pay, and compare it with the caps
• Read the information statement carefully for the red-flag items it covers
• Review any reserve fund plans and reports you receive
• Follow up with the board in writing if you get no answer
• Talk to a lawyer before choosing between the Tribunal and the Court

Frequently asked questions