New / Conversion Developments

When you buy a new condominium, the developer has a duty to deal fairly with you when entering into, performing, and enforcing the purchase agreement. A developer is legally required to 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.

If it is a conversion development, the following documents must also be provided:

• Reserve Fund Report & Plan
• A description of the building’s previous use
• A summary of deficiencies

 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.

Further Resources

• Canada Mortgage and Housing Corporation – Checklist for Buying a New Condo (not Alberta-specific)

Resale Properties

When you purchase a resale or previously owned condominium unit, the seller is under no legal obligation to provide you with documentation about the complex. However, under the Condominium Property Act, a condominium corporation must provide certain documents within 10 days of receiving a written request from a potential buyer.

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.

Finance & Operations

• Reserve Fund Report & Plan
• Budget & Financial Statements
• Annual Report
• Estoppel Certificate (details about condominium contributions)
• Statement outlining unit factors and criteria used to determine unit factors (information also included on Condominium Plan)
• Minutes of the general meetings of the condo board
• Contact information for Condominium Board of Directors – request from Condominium Corporation, also available on CAD

For a complete overview of what you need to know about condo finances before you buy, download our free publication: Before You Buy: Understanding Condo Finances.

Bylaws,  Rules and Agreements

• Bylaws and rules
• Management Agreement
• Recreational Agreement
• Exclusive Possession Area lease, licence or other instrument

Structural Information

• Details about post-tension cables on property (information also available with the Condominium Plan)
• Statement outlining any structural deficiencies the corporation has knowledge of at the time of the request

Legal

• Legal actions or claims against corporation, including outstanding judgment orders
• Any written demands against corporation that exceed $5,000

Additional Documents – Note: 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

More Resources

• Centre for Public Legal Education Alberta
  Buying a Resale Condo: Document Checklist (PDF, Alberta-specific information)
  Before You Buy: Understanding Condo Finances (PDF, Alberta-specific information)
• Canada Mortgage and Housing Corporation
  Checklist for Buying a Resale Condo (not Alberta-specific)
  Physical Evaluation Checklist (not Alberta-specific)