Extending the Limitation Period: When Does an Action Warrant Proceeding?

Real estate developments can be an exciting business opportunity and new homes are much sought-after by purchasers, but when things go wrong with the build, issues can drag on for years. Maintaining an accurate record of who is responsible for what is key to resolving potential disputes, as one condo board found in the recent […] Read More

The Cost of Keeping Separate Suites

Real estate purchases never seem to get less costly. It’s tempting to cut corners on a deal in an attempt to reduce other costs like realtor commissions and legal fees, but as one local condo owner recently learned, cutting those corners may be more costly in the end. Experienced and diligent real estate professionals can […] Read More

The Hidden Costs of De-Condominiumizing

In a previous blog post, we discussed how a property’s condominium status can be terminated. We expect “de-condominiumizing” or terminating/dissolving condominium corporations to become a more common and attractive option for owners as buildings age and maintenance/repair costs increase. Real estate investors might also consider de-condominiumizing investment properties and conversion to rental apartment buildings. However, […] Read More

Addressing Complaints and Mental Health Issues in Condominiums: Strategies for Board Members

According to the Canadian Mental Health Association, 1 in 5 Canadians will experience a mental health issue or illness during their lifetime.  Roughly 2 million Canadians now live in condominiums, so most of these communities will inevitably face a situation involving a resident who is experiencing such issues. Condominium boards must therefore be prepared to […] Read More

Aging Condominiums: Repair or Terminate?

Condominium properties have existed in Canada for more than 50 years. In fact, the first condominium property registered anywhere in Canada was in Edmonton, Alberta, in 1967. This is a townhouse-style property known as “Brentwood Village”, that still exists today. Despite this, condominiums remain a relatively new form of land ownership from a legislative standpoint. […] Read More
December 20, 2022

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

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

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