What Happens if a Condominium Does not Enforce its Bylaws?

Short Answer: The Bylaws may become unenforceable. Condominiums have a duty under the Condominium Property Act, RSA 2000 c C-22 to enforce their Bylaws and ensure compliance by all unit owners and occupants. But they must also ensure that such enforcement is done on a consistent basis and in a timely fashion, which means taking […] Read More

Is Your Condo Counting Special Resolutions Properly? Bill 19: Changes to Voting Procedures

Following publication of our last post, “Cutting More Red Tape: Long-Awaited Clarity on Legal Costs, Voting for Condominiums (you can read it here), I have received numerous inquiries from condo owners and property managers on how Bill 19 and proposed amendments to the Condominium Property Act will impact special resolution votes for condominium corporations in […] Read More
May 13, 2022

Cutting More Red Tape: Long-Awaited Clarity on Legal Costs, Voting for Condominiums

UPDATE: On May 5, 2022, Bill 19 is now in Second Reading. (CORRECTION: On May 5 we advised Bill 19 had passed Third Reading, however on that day Bill 19 was adjourned in Second Reading on amendment, and we apologize for any confusion.) On Thursday, April 21, 2022, Service Alberta Minister Nate Glubish introduced Bill […] Read More
April 22, 2022

Delayed: Alberta Condominium Dispute Resolution Tribunal

Field Law has just learned that the long-awaited creation of an Alberta Condominium Dispute Resolution Tribunal will not proceed this year as anticipated following the enactment of amendments to the Condominium Property Act and Regulations in January 2020. The Minister of Service Alberta recently delivered this new to industry stakeholders, including the Canadian Condominium Institute […] Read More
April 6, 2022

Ding Dong! Your Doorbell Camera Must Come Down

The Court of Queen’s Bench of Alberta recently added to the growing case law on the issue of video surveillance in a decision called Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65. Following a break-in of her main floor unit through the patio doors, the unit owner, Lupuliak, installed a security camera on the […] Read More
March 10, 2022

Exemptions Announced for Condo Manager Licensing

For the past few years, Alberta has been moving toward requiring condominium managers to obtain education and maintain provincial licenses. The Government of Alberta, through the Ministry of Service Alberta, selected the Real Estate Council of Alberta (RECA) to define and regulate a condominium management industry, separate and apart from other industries RECA oversees such […] Read More
November 14, 2021

Legal Costs for Condominium Corporations: A Refresher

The law relating to legal expenses in litigation involving Alberta condominium corporations is evolving, but remains far from settled. In several recent decisions of the Alberta Court of Queen’s Bench (Toronto-Dominion Bank v Bachand, 2021 ABQB 271, Tutt v The Owners: Condominium Plan No. 7822572, 2020 ABQB 213), the Court concluded that legal fees incurred by a […] Read More
July 22, 2021

Saskatchewan Condominium Invests in Bitcoin

I’ve recently learned that a condominium corporation in Saskatchewan has invested some of the corporation’s funds in the cryptocurrency known as Bitcoin. The corporation purchased 0.4 bitcoin at a price of $25,000, and according to media on the story, it intends to make continuing monthly investments. In Alberta, such investments are regulated by the provisions […] Read More
April 16, 2021

Condo Update: Electronic Meetings Now Authorized

Bill 53, Service Alberta Statutes (Virtual Meetings) Amendment Act, 2021, is now in force. Section 5, relating to the Red Tape Reduction Implementation Act, 2020 came into force today by Royal Assent on March 26, 2021. The remainder of the Act (including those provisions that amended the Condominium Property Act) was declared to come into […] Read More
March 26, 2021

Coming Soon? Virtual Meetings for Condominiums

I was recently pleased to learn about the tabling of Bill 53 – Service Alberta Statutes (Virtual Meeting) Amendment Act. The Bill is scheduled for a continuation of Second Reading and debate during today’s legislative session. If passed, the Condominium Property Act, RSA 2000 c C-22 (the “Act”) would be amended so as to expressly permit condominiums […] Read More
March 18, 2021