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
July 11, 2023

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
May 31, 2023

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
January 6, 2023

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
May 17, 2022

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

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