A condominium corporation has a legal obligation to respond to certain requests for information, depending on what is requested and who makes the request.
The condominium corporation can charge a reasonable fee to cover any expenses in providing a document.
An estoppel certificate is a statement indicating whether condominium contributions (fees) have been paid. Requests for an estoppel certificate should be made to the management company or to the condo board if the condo is self-managed. The following people can make a written request for an estoppel certificate:
- Lawyer of the owner, purchaser or mortgagee
- A person authorized by the owner, purchaser or mortgagee
In receiving a written request, the corporation must respond 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
Documents and details
An owner, purchaser, or mortgagee of a unit can make a written request for certain documents or details held by the corporation. Upon receiving the request, the corporation has 10 days to provide the documents 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 condo corporation may charge a reasonable fee to provide the requested documents. Documents that can be requested are:
- A statement on the amount of contributions due and payable for a unit
- Details on:
- Any lawsuits involving the corporation
- Any judgments or orders that the corporation is liable for
- Any written demand on the corporation greater than $5,000 that may result in a lawsuit
- Details or a copy of any existing management agreement
- Details or a copy of any existing recreational agreement
- Details on post tensioned cables located on/within the property as included in the condominium plan
- A copy of the corporation’s budget
- A copy of the corporation’s most recent financial statement
- A copy of the corporation’s bylaws
- A copy of the corporation or board’s meeting minutes
- A statement outlining the reserve fund
- 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
- A copy of any lease or exclusive use agreement on the partial possession of common property (such as a parking stall or storage unit)
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.
Reserve fund report, reserve fund plan and annual report
The unit owner, purchaser, or mortgagee can make a written request for the most recent copies of the following documents:
- Reserve fund report
- Reserve fund plan
- Annual report for the fiscal year
Upon receiving the request, the corporation has 10 days to provide a copy of the documents to the requestor.
A mortgagee can inspect the following records with 10 days written request to the corporation:
- Records relating to the corporation’s management or administration
- Minutes of board meetings
- Minutes of owners’ meetings
A unit owner, purchaser, or mortgagee can make a written request for a copy of the corporation’s insurance policy or insurance certificate.
When a corporation receives such a request for an insurance policy, it has 30 days to provide a copy to the requestor. For an insurance certificate request, a corporation has 10 days to provide a copy to the requestor.
Alberta’s new Condominium Property Amendment Act will bring changes to information requests, including further guidance on charging reasonable fees in providing a document. This website will be updated once the changes come into force.
Last updated: September 2016