UPDATE – Ministerial Order 009/2020 Expired: Condos Once More Required to Convene AGMs

UPDATE – Service Alberta has released a new publication, General Meetings During Relaunch, in an effort to clarify the effect of the Ministerial Order’s expiry. Among other things, this publication confirms that condominium corporations are not expressly authorized to allow electronic participation in general meetings of the corporation, especially if the bylaws are silent in […] Read More
October 15, 2020

Asserting Privilege in the Condominium Context

The issue of asserting solicitor-client privilege in the condominium context is an interesting one, especially as between the condominium corporation and the individual unit owners. There are no simple answers or bright line rules when it comes to requests by unit owners for access to documents belonging to the corporation, other than what is expressly […] Read More
October 9, 2020

Condo Corporations Now Permitted to Access Reserve Funds in “Emergencies”

In a significant move for Alberta condominiums, on June 1, 2020 the Lieutenant-Governor of Alberta, the Honourable Lois Mitchell, approved an Order in Council to amend the Condominium Property Regulation, AR 168/2000. Among other slight changes to document retention periods, the amendments notably give condominium corporations the ability to temporarily remove funds from their capital […] Read More
June 2, 2020

Virtual Witnessing of Wills in Alberta Not so Clear

In Alberta, as in most other provinces, generally wills, powers of attorney and personal directives need to be signed and witnessed in person for the documents to be legally valid.  Our wills legislation allows certain departures from those strict formalities, though anything less than full compliance with the signing requirements lacks certainty and will need […] Read More

Suspended: Condo Time Frames and Rights of Entry

Condominium corporations face particularly unique challenges due to the effects of COVID-19 restrictions on public gatherings, among other things. In response to these public health restrictions, the Minister of Service Alberta, the Honourable Nate Glubish, issued a Ministerial Order on April 9, 2020 that temporarily suspends a host of time frames and other requirements under […] Read More
April 15, 2020

No Contractors Allowed: Court Calls Condo Matter “Urgent”

The Ontario Superior Court has just ruled that unit owners allowing third party contractors access to a condominium property to perform non-urgent work in their unit constitutes a matter of urgency. Last week, in York Condominium Corporation No. 419 v Black, 2020 ONSC 2066, a condominium corporation in Ontario sought an emergency court injunction against […] Read More
April 8, 2020

Tackling COVID-19 and Minimizing Risk: Considerations for Alberta Condominium Corporations

The ongoing COVID-19 pandemic has turned the world upside down and has changed the way that we go about our daily lives. Current public health recommendations include requirements for self-isolation, restrictions on gatherings, and physical distancing. In apartment-style condominium buildings, these recommendations are creating unique challenges and raising several issues that condominium corporations and boards […] Read More

Convening a Condominium AGM Amid Concerns Over COVID-19?

Spring is typically Annual General Meeting (AGM) season for condominium corporations and with the COVID-19 virus having been declared a pandemic last week, condo boards should consider whether or not to proceed with scheduled AGMs. For many condo corporations, an AGM will be a “mass gathering” that corrals hundreds of unit owners together in one […] Read More
March 18, 2020

Regulation of Short-Term Rentals Still To Be Decided

An update on the City of Edmonton’s attempts to better regulate Airbnb-style short-term rentals. This week, the Urban Planning Committee (UPC) met to revisit the issue of short-term rentals, and consider recommendations from City Administration on changes to the Bylaw. Of all the options considered, including development permit requirements, taxation/levies, affordable housing and tourism fees, […] Read More
February 28, 2020

Cutting the Red Tape: New Condo Regulations coming to Alberta January 1, 2020

On November 26, 2019, the Alberta Government released the long-awaited, newly-revised amendments to the Condominium Property Regulation, and proclaimed that certain sections of the Condominium Property Amendment Act, SA 2014, c. C-10 will also come into force on January 1, 2020. The majority of the revisions in this phase of the amendments addresses governance issues, […] Read More
December 20, 2019