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

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

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

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

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