What Is the Condominium Property Act in Alberta?

If you have bought or are thinking of buying a condo in Alberta, you will hear about the Condominium Property Act early on. It sets the ground rules for how your building is run and what you and the condo corporation can and cannot do.

This article gives a plain-language overview of what the Act and its regulation cover, who is responsible for what, and where to turn if there is a disagreement. It is general information, not advice on your own situation.

This article covers the law of Alberta.

What the Act and Regulation are

The Condominium Property Act (RSA 2000, c C-22) and the Condominium Property Regulation (Alta Reg 168/2000) are the governing legislation for condominiums in Alberta. Service Alberta and Red Tape Reduction is the lead ministry.

The Act sets the main framework. The Regulation fills in details, such as prescribed documents, fee limits, reserve fund steps and the model bylaws. Condominium rules change from time to time, so it is worth confirming the current wording before relying on a specific section.

Bylaws: how the corporation is run

Bylaws regulate the corporation and provide for control, management and administration of the units and property. Owners, and anyone in possession of a unit, are bound by them. The corporation is responsible for enforcing its bylaws and for the control, management and administration of its property.

Any bylaw can be amended, repealed or replaced by a special resolution. The model bylaws in Schedule 4 of the Regulation apply only until they are repealed or replaced by special resolution and registered at the land titles office. If a bylaw conflicts with the Act or the Regulation, the Act or Regulation prevails to the extent of the conflict.

Money, repairs and insurance

The corporation must establish and maintain a reserve fund reasonably sufficient to provide for major repairs and replacement of its property, common property and managed property. It must also place and maintain insurance on the units (other than owners' improvements), insuring for replacement cost value.

If more money is needed, the board may determine contributions by resolution, including a special levy. A special levy for a capital improvement is the exception: it needs a special resolution of the owners first.

• Reserve fund: long-term repairs and replacement
• Insurance: the corporation insures the units, other than owners' improvements
• Special levy: can cover urgent repairs, operating shortfalls, reserve top-ups, capital improvements or a judgment

The corporation must retain a reserve fund study provider to study the depreciating property, and the first study is due no later than 2 years after the condominium plan is registered. The study must be repeated on or before 5 years from the day the most recent reserve fund plan was approved. After receiving the report, the board must approve a reserve fund plan setting the funding method and amounts, and owners must get a copy before funds are collected under it. A corporation is exempt from the study where title to every unit is held by the same owner or group of owners and the units are rented to tenants who are not purchasers or intended purchasers.

Your rights as an owner

On written request, the corporation must provide prescribed information or documents within 10 days of receiving the request. It may charge fees only where the regulation authorizes them and only up to the prescribed amount.

Whether a particular bylaw can limit renting depends on its wording and the Act, so it is worth confirming with a lawyer. An owner who rents must give the corporation written notice of the intention to rent before renting, and must tell the corporation the tenant's name within 20 days of the tenancy starting. Every tenancy is subject to a condition, despite the lease, that the tenant not damage corporation property or contravene the bylaws. Pet rules depend on the corporation's own registered bylaws, or on the model bylaws if they still apply.

Penalties must be reasonable, and monetary sanctions for bylaw breaches are capped at $500 for a first contravention and $1,000 for later ones unless the bylaws set lower amounts. No monetary sanction may be imposed for breaking a rule, as opposed to a bylaw.

The documents you can ask for include the information statement, the budget, annual financial statements, bylaws, meeting minutes, insurance certificates and reserve fund plans and reports. The information statement covers items such as pending or unsatisfied actions and judgments, reserve fund amounts, structural deficiencies and loans, which are useful red flags for a buyer. The maximum fee for the information statement is $100. For other documents the cap is $10, or $0.25 per page for a hard copy over 40 pages. A rush surcharge of up to $20 may be charged if they are produced within 3 days. An owner, purchaser, mortgagee or their representative can also ask in writing for an estoppel certificate, which must be provided within 10 days. Its maximum fee is $200, and up to $100 more may be charged only if it is produced within 3 days of the request, excluding a holiday. It is conclusive proof of the matters certified in it, in favour of the person who requested it, as of its date.

Resolving disputes and next steps

The Condominium Dispute Resolution Tribunal hears disputes about matters related to condominiums under the Act, the regulations or bylaws. Any party to a dispute may apply, but once a Tribunal hearing has concluded no Court action may start, and a Tribunal application cannot be filed if a Court action has already begun on the same dispute. The Court can also remedy improper conduct, including oppressive or unfairly prejudicial conduct.

• Read your bylaws and any rules
• Raise the issue in writing with the board first
• Request documents in writing if you need information
• Check whether the Tribunal or Court is the right route before filing anything
• Speak to a lawyer if the amount or stakes are significant

Frequently asked questions