Search Results for: Condominium Documents

An estoppel certificate is a statement indicating whether condominium contributions (fees) have been paid.

The following people can make a written request for an estoppel certificate:

• Owner
• Purchaser
• Mortgagee
• Lawyer of the owner, purchaser or mortgagee
• A person authorized by the owner, purchaser or mortgagee

Requests for an estoppel certificate should be made to the management company or to the condo board if the condo is self-managed.

When receiving a written request, the corporation must respond within 10 days by providing a certificate with the following information:

• The amount of the condominium contribution
• The payment schedule
• Any unpaid contributions
• The interest owing on any unpaid contributions

Under the Condominium Property Regulation, there are documents and information that a condominium corporation must provide upon request (by certain people). For example:

• An information statement (“consolidated information statement”) with:
  • Details on any:
    • Lawsuits involving the corporation
    • Judgments or orders that the corporation is liable for
    • Written demand on the corporation greater than $5,000 that may result in a lawsuit
  • A statement outlining or setting out:
    • capital replacement reserve fund amount
    • contributions and how they are determined
    • structural deficiencies known to the corporation at the time of the request
  • Loan disclosure statements for current loans
• Statement about any plan of survey filed or registered on the parcel
• A statement outlining unit factors and how their allocations are determined
• Details or a copy of any existing or prior agreements (management and recreational)
• Details on post tensioned cables
• A copy of the corporation’s budget and annual financial statements
• A copy of the corporation’s bylaws
• For a particular fiscal year, a copy of:
  • All approved general meeting minutes. If unavailable, then draft minutes of general meetings that took place at least 30 days before the request date
  • Approved board meeting minutes
• A copy of any lease or exclusive use agreement on common or real property  (for example, parking stall or storage unit)
• A consolidation of all rules made by the corporation under section 32.1 of the Condominium Property Act
• A list of board member names and addresses for service
• The text of ordinary and special resolutions voted on by the corporation, plus voting results (other than show of hands vote results)
• Copies of professional reports. This does not include reports subject to legal privilege (confidential, client-lawyer information).
• Copies of insurance certificates and insurance policies
• The current standard insurable unit description
• Copies of reserve fund plans, reserve fund reports and annual reports

The following people can make a written request for certain documents and information held by the corporation:

• Owner
• Purchaser
• Mortgagee
• Lawyer of the owner, purchaser or mortgagee
• A person authorized by the owner, purchaser or mortgagee

Upon receiving the request, the corporation has 10 days to provide the documents or information to the requestor. Requests for condominium documents should be made to the management company or to the condo board if the condo is self-managed. The condominium corporation can provide the documents and information in electronic form unless the requestor specifies that they be provided in paper form.

Tip for condo boards: when dealing with requests for information, it is a good idea for the condominium corporation to record details of the request such as the date of the request, the information/documents provided, and the name of the person the information was given to. As well, it is a good idea to verify the identity of any third parties (such as lenders or buyers) making the request.

Tip for condo owners: You may make copies of documents provided under section 44 of the Condominium Property Act and give them to others.

A record inspection is when a mortgagee makes a written request to the condo corporation to inspect:

• Records relating to the corporation’s management or administration
• Minutes of board meetings
• Minutes of owners’ meetings

The mortgagee has the right to inspect the records within 10 days of making the request.

Fees may apply to document requests. The Condominium Property Regulation specifies how much a corporation can charge for fees. There is a maximum fee that condominium corporations can charge for certain documents, for example:

• Estoppel certificates: $200.
• Consolidated information statement: $100
• Any other documents:
  • If the document provided is in hard copy format and is more than 40 pages in length: $0.25 per page
  • If the document provided is in a format other than hard copy or is not more than 40 pages in length: $10

However, the condominium corporation cannot charge owners for information or documents that it must provide (without request) under the Condominium Property Act or Condominium Property Regulation (e.g., financial statements for the AGM). It also cannot charge for information or documents that have not been requested by the person making the request.

 Third party providers can charge fees to deliver documents on behalf of corporations, as long as they meet certain conditions under the regulation. See section 20.53(4) of the Condominium Property Regulation for more information.

A “rush fee” may apply to certain documents requested on a rush basis. For example, if a person requests the following documents  and the corporation produces the document within 3 days of the request (excluding holidays), then the corporation may (if the bylaws allow for it) charge the following fees in addition to the applicable document fees:

• Estoppel certificate: up to $100 rush fee
• Consolidated information statement: up to $50 rush fee
• Any other information or document: up to $20 rush fee

A developer must provide the following documents:

• Purchase Agreement 
• Condominium Plan (or proposed condominium plan), including any Condominium Additional Plan Sheets (CAD)
• Bylaws (or proposed bylaws)
• Management Agreement (or proposed management agreement)
• Recreational Agreement (or proposed recreational agreement)
• Lease of the parcel of land, if the unit is located on leased land
• Mortgage, if it affects or will affect the title to the unit
• Phased Development Disclosure Statement (if the development is multi-staged and developer is using a phased development model)
• Mortgage or claim/liability (also known as a “financial encumbrance”) registered against the corporation’s real property
• Home warranty insurance contract
• Statement of a fixed date range or range of dates by which you can start occupying the unit (also known as an occupancy date statement)
• The corporation’s most recent budget (or proposed budget)
• Occupancy permit or written permission from a municipal authority
• Additional information and documents as required by the Condominium Property Regulation, such as:
  • Developer’s name and address
  • Name and address of the lawyer responsible for holding deposits
  • Floor plan including materials to be used to finish the unit (if the development is not substantially complete)
  • A list of fees, rents or other charges that the corporation must pay to the developer or a third party for the use of units or property
  • The amount of occupancy fees and description of any other fees, if any

Section 20.01(1) of the Condominium Property Regulation outlines additional information and documents that the developer must provide to a purchaser in particular situations (e.g., phased developments, bare land units, etc.). Refer to the Regulation for more specific information.

In addition to all the documents for a new development (listed above), the following documents must also be provided for conversion developments:

• Summary of deficiencies
• Date of original construction of the building
• Description of all previous uses of the building
• Alberta Building Code applicable at the time of the building construction
• Dates when any physical modification (other than to address normal wear and tear) was started and completed
• Copy of the reserve fund report
• Copy of the building assessment report (BAR) or converted property study (CPR)
• Description of any major retrofits to a building in the conversion prior to conversion
• Any technical analysis of the units, real property and personal property of the corporation or common property (where a converted property study “CPR” is not required). This includes any that have been prepared but not been delivered to board.

 Within 10 days of receiving a summary of deficiencies, you can request in writing from the developer a copy of the building assessment report.  After receiving the request, a developer has 10 days to provide you a copy of the report.

• An information statement (“consolidated information statement”) with:
  • Details on any:
    • Lawsuits involving the corporation
    • Judgments or orders that the corporation is liable for
    • Written demand on the corporation greater than $5,000 that may result in a lawsuit
  • A statement outlining or setting out:
    • capital replacement reserve fund amount
    • contributions and how they are determined
    • structural deficiencies known to the corporation at the time of the request
  • Loan disclosure statements for current loans
• Statement about any plan of survey filed or registered on the parcel
• A statement outlining unit factors and how their allocations are determined
• Details or a copy of any existing or prior agreements (management and recreational)
• Details on post tensioned cables
• A copy of the corporation’s budget and annual financial statements
• A copy of the corporation’s bylaws
• For a particular fiscal year, a copy of:
  • All approved general meeting minutes. If unavailable, then draft minutes of general meetings that took place at least 30 days before the request date
  • Approved board meeting minutes
• A copy of any lease or exclusive use agreement on common or real property  (for example, parking stall or storage unit)
• A consolidation of all rules made by the corporation under section 32.1 of the Condominium Property Act
• A list of board member names and addresses for service
• The text of ordinary and special resolutions voted on by the corporation, plus voting results (other than show of hands vote results)
• Copies of professional reports. This does not include reports subject to legal privilege (confidential, client-lawyer information).
• Copies of insurance certificates and insurance policies
• The current standard insurable unit description
• Copies of reserve fund plans, reserve fund reports and annual reports

A condominium corporation can charge fees for document requests. For more information on document requests and fees, go to our Information and Document Requests page.

The 10 day timeline does not apply to these documents but they should still be requested and reviewed. Talk to your lawyer or real estate agent about obtaining these documents.

• Condominium Plan, including any Condominium Additional Plan Sheets (CAD) – can be requested from Land Titles Office or Registry Agent)
• Certificate of Title – can be requested from Land Titles Office or Registry Agent
• Condominium Newsletters – request from Condominium Corporation
• Any notifications of insurance coverage changes from the condo corporation
• Real Property Report (for bare land units only) – request from seller

You should carefully review the condo bylaws and rules to make sure they suit your lifestyle and needs. For example, if you want to get a pet in the future, you should check the bylaws to see what the condo corporation’s policies are. If you do not follow the condominium’s bylaws, you can face a financial penalty and/or a potential lawsuit. There may also be supplementary rules that you have to follow. For example, there may be rules that specify the type of allowable pets and how big they can be.

When a condominium plan is registered, the bylaws in the Condominium Property Regulation apply to the corporation. These bylaws will remain in force until they are repealed or replaced by special resolution.

Condominium corporations can only amend, repeal or replace a bylaw by special resolution.

If a bylaw is successfully changed, withdrawn, or replaced, the amendment must be filed with the Land Titles Office. Legally, bylaw changes do not take effect and cannot be enforced in court until they are filed and noted on the condominium additional plan sheet.

Tip for condo boards: Consider reviewing bylaws on a regular basis and engage owners on proposed changes.

The Condominium Property Act requires the condominium corporation to enforce the bylaws and allows for the condominium corporation to establish monetary or other sanctions when bylaws are breached. The condominium corporation has the authority to impose monetary or other sanctions on owners, tenants and occupants who are breaching the bylaws.

Condominium corporations can only impose a sanction if the bylaw allows for it and indicates what the sanction is. If there is a monetary sanction, the bylaw must state the amount of money or range of money that could be charged for breaching the bylaw. Sanctions imposed under a bylaw must be reasonable in the circumstances.

A sanction cannot be imposed if:

• it prohibits or restricts the devolution of units or any transfer, lease, mortgage or other dealing with the units or
• destroys or modifies any easement implied/created by the Condominium Property Act

Tip: unlike bylaw breaches, condominium corporations cannot impose sanctions for rule breaches.

For more information, go to our page on Sanctions.

It is important for condominium corporations to keep documents and records for a variety of reasons:

• They can facilitate board decision-making and budgeting.
• They can facilitate the continuity of the condominium board and condominium corporation. For example, unit owners, board members, and condo managers change. Having documents and records in good order helps make sure new unit owners, board members, and condo managers are up to date with condominium affairs.
• In case of a dispute, well maintained proper documents and records can prove the board’s decision making processes were done properly and legally, and why they reached certain decisions.

The Condominium Property Regulation specifies how long the condominium corporation must keep documents and information. Some documents and information must be kept permanently, for example:

• The corporation’s current bylaws
• Details on post tensioned cables located on or within the property as included in the condominium plan
• A statement outlining the unit factors and how unit factor allocations are determined
• A statement setting out any structural deficiencies known to the corporation at the time of the request
• Professional reports, such as engineering reports
• Structural, electrical, mechanical and architectural working drawings and specifications, and as built drawings
• Existing plans showing the location of underground utility services, sewer pipes and cable television lines
• Certificates, approvals and permits (relating to the corporation’s property) issued by:
  • a municipality
  • Administrator under the Safety Codes Act
  • the Government or
  • agent of the Government
• Any building assessment report
• Copies of all plans, documents and amended documents as required under the Safety Codes Act

The condominium corporation may keep documents and information in an electronic format. However, they must be complete, legible and reproducible.

Tips

• For a complete list of the retention period for a corporation’s documents and information, refer to schedule 3 of the Condominium Property Regulation.
• Corporations do not need to retain documents that no longer exist or that they no longer have control over/access to as of January 1, 2020.

Yes, as long as the information or document:

• Is complete
• Is legible in its entirety and
• Can be reproduced by the corporation in an electronic format or in hard copy format

As long as the version of a document in electronic format meets the above requirements, then it is considered the original document.

Condominium corporations should consider developing a policy for the retention, review, and disposal of documents. Because some of these documents and records may contain personal information of unit owners, the corporation should be familiar with the Personal Information Protection Act.

Original copies of any documents or records prepared for a corporation by a condo manager or board member are property of the corporation. There are rules for former condo managers and board members in dealing with a corporation’s original documents and records.

For example, upon the cancellation of a management agreement, a condo manager has 30 days to return all property belonging to the corporation (including original documents and records) at no charge. When a person is no longer a board member, they have 30 days to return all property belonging to the corporation (including original documents and records) at no charge.

In Alberta, the Condominium Property Act requires all condominium plans to include specific information.

Unit Size and Boundaries

The condominium plan must include a drawing showing all of the condominium’s individual units. This must also include numbers or other symbols identifying each unit. The plan must also show:

• the boundaries of each unit;
• the approximate area of each unit (for both conventional and bare land units); and
• the boundaries of any common property that owners may have exclusive possession over (e.g., balconies).

This information will enable you to identify whether the unit is conventional or bare land. It also shows what your purchase of the unit includes (e.g., doors, windows, front yard).

Unit Factor

The plan will include a schedule identifying the unit factor for each unit and how to determine it.

Condominium contributions (or condo fees) are based on unit factors so it is important to understand how unit factors are divided among units. If the unit factors are equal across units, it means that you will be paying the same in contributions as someone with a larger or smaller unit. If the unit factors are proportional to the size of the unit, contributions will increase with the size of the unit.

Property Boundaries

The condominium plan will include a description of the land boundaries of the whole condominium development, the location of any buildings, and the location of roads and utilities on the development.

If you’re considering a development under construction, assess where the buildings will be especially in relation to other nearby buildings. Will neighbouring buildings obstruct your view? Is there a lot of construction in the area?

The Condominium Property Act also requires condominium plans to include the following information:

• Details to identify the title to the development’s parcel of land.
• If it is multi-stage development, a phased development disclosure statement may be required. This statement is not required if the development is proceeding under a barely blended model – see Buying New: Multi-Stage Developments for more information.
• Signature of the developer.
• Condominium corporation’s address for service of documents.

Certificate of a land surveyor –boundaries & easements 

This certificate confirms the condominium’s land boundaries as per the Surveys Act. It will also identify whether there are neighbouring properties infringing on the boundaries of the condominium or whether the condominium is infringing on neighbouring properties. If any infringements exist, the certificate must confirm the granting of appropriate easements.

Certificate of an architect, engineer, or land surveyor –units & post tension cables 

This certificate confirms that the units shown in the condominium plan are the same as the ones existing on the property. It will also identify where there are any post-tension cables located on or within the building or property.

Certificate of the municipal authority –approval of proposed division & parking spaces 

This certificate states that municipal authority approved the proposed division of the building and parking spaces. It confirms the number of parking spaces for visitors and persons with disabilities in the plan (if any) and their location on common property or a unit labelled for parking.

The Condominium Property Regulation allows additional sheets to be part of a condominium plan so that you can easily track changes to bylaws, board members, restrictions, and legal / financial burdens. If changes are unregistered, they may not be legally enforceable in court.

The following information can also be on condominium additional plan sheets (CAD):

• Condominium Board: names and addresses of members, changes in board membership, address of condominium corporation.
• Bylaws: any changes or additions.
• Common property: any transfer or lease, any exclusive possession lease agreements.
• Restrictions on common property: easements (agreement allowing another party to access a landowner’s property), utility right of way, or restrictive covenants burdening or benefitting the common property.
• Legal or financial burdens on common property: builders’ liens, writs of enforcement, caveats.
• Amendments regarding doors and windows: corporations registered before September 1, 2000 were able to amend the condominium plan so that windows and doors became part of the units rather than part of the common property.

You can find information impacting a single unit instead of the corporation as a whole on the certificate of title for the unit, rather than the CAD.

Thank you to the Alberta Real Estate Association for allowing portions of their Condominium A to Z course manual to be adapted for use in this section.

As a seller, you must disclose any material latent defects. This means defects you are aware of that the buyer could not identify through a visual inspection of the property. These defects may be related to the common property or the condominium unit. You must also disclose any upcoming special levies.

Standard purchase agreements in Alberta also require sellers to confirm the unit complies with municipal bylaws and that the appliances are in working order.

Failing to disclose any of the information above could result in the purchaser suing you in the future.

Check your purchase agreement on what documents you need to provide when selling. Certain purchase agreements require sellers to provide documents to buyers, placing a legal obligation on sellers. In this case, it is extremely important to have all of the documents ready before you list the unit for sale. This way, you know exactly what you are selling and what buyers will see. Providing buyers with documents will also likely help you sell your unit faster if you’re able to provide key documents to buyers in a timely manner.

Important documents include:

• The most recent reserve fund report and plan. A well-funded reserve fund can be an important selling feature that shows buyers the condominium corporation is in good financial health.
• The corporation’s operating budget. This shows buyers what the corporation is spending owners’ condominium contributions (fees) on – amenities, property management, contractors, etc.
• Recent meeting minutes from condo board meetings. These will give buyers insight into whether there are upcoming major repairs or budget deficits as this could mean increasing condominium contributions (fees).
• The corporation’s bylaws and rules. Buyers will definitely want to see what the rules are in the complex regarding pets, parking, and amenity use.
• A real property report if the unit is a bare land unit with a structure. This is a physical survey of the land and its structures.

Collecting documents can be time consuming. So start early to make sure you have all documents ready before listing the unit for sale.

For a list of additional documents that may be requested by a buyer, visit Collecting and Reviewing Documents – Resale Properties.

Thank you to the Alberta Real Estate Association for allowing portions of their Condominium A to Z course manual to be adapted for use in this section.

In order for a real estate sign to be visible, real estate professionals often want to place it on the condominium’s common property. However, some condominiums prohibit real estate signs (for example, for sale signs, for rent signs). Other condominiums allow you to post signs with permission, while others specify exactly where you may post such signs. Check your condo bylaws or rules. You can also ask the management company. For self-managed condos, check with your condo board.

In order for a key box to be visible and easy to access, real estate professionals often want to place it on the condominium’s common property. However, some condominiums prohibit key boxes, while others specify exactly where to install them. Check your condo bylaws or rules. You can also ask the management company. For self-managed condos, check with your condo board.

Thank you to the Real Estate Council of Alberta for allowing portions of their Fundamentals of Real Estate course manual to be adapted for use in this section.