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 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
June 2, 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

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

Understanding Board Member Duties: When Condo Boards Fail

Boards of directors for condominium corporations are typically comprised of volunteers. Depending on the eligibility requirements in the corporation’s bylaws, these are more often than not members of the corporation, that is, unit owners. For residential condominiums, this means that the directors are also often lay people, with no particular specialized skills or professional knowledge. […] Read More
February 26, 2021

The Importance of Notice

Has your condominium corporation convened an Annual General Meeting (AGM) in 2020? If you’re not a member of your Board of Directors and you answered ‘no’ to that question, you may want to find out for sure after reading this. I recently attended my own AGM. It’s a small condominium property with fewer than 40 […] Read More
November 18, 2020

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