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

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