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Real estate professionals can help you buy or sell your condominium unit. Some professionals may have a practice that specializes in buying and selling condominiums (as opposed to other kinds of properties).  Interview a few different real estate professionals before hiring one.

In Alberta, real estate professionals can work for the seller, the buyer or both. It is important to understand what kind of relationship you will have with your real estate professional.

Real estate professionals can help you find a property that suits your needs and budget. They can also help you with filling out standard form agreements. However, real estate professionals cannot provide any services that require discretion or judgment, cannot give confidential advice, and cannot advocate on your behalf. All real estate professionals must enter into a written service agreement with you outlining the services they will be providing, their responsibilities, and their fees.

Licensing Requirements

All real estate professionals in Alberta must be licensed by the RECA. You can check a real estate professional’s licence status by searching RECA’s licensing database.

For a list of questions to ask condominium professionals and experts, refer to the CMHC’s resource, Questions to ask advisors and condominium experts.

If you are buying a condominium, you should hire a lawyer as early as possible to assist you in the purchase process. Interview a few different lawyers before hiring one. Ask questions about their experience, areas of practice, and costs. Ensure that the lawyer you hire practices real estate law and ideally, has expertise in condominium law. A knowledgeable, experienced real estate lawyer will be able to answer all of your questions about buying and owning a condominium.

Lawyers can help you with the following tasks:

• Collecting and reviewing documents
• Reviewing and explaining purchase agreement or contract
• Reviewing the certificate of title and identifying any issues
• Reviewing and explaining the mortgage agreement
• Transferring ownership from the seller to buyer

Licensing Requirements

All practicing lawyers in Alberta must have an active membership with the Law Society of Alberta. You can check a lawyer’s membership status by searching the Law Society of Alberta’s lawyer directory.

Document review companies will conduct an objective review of the condominium documents you receive before you buy. A document reviewer will explain what the documents mean and highlight any potential issues you should be aware of before you buy. Document review companies can be used in addition to lawyers but their services are not intended to be a substitute for legal advice and review of documents.

Licensing Requirements

In Alberta, there is no official licensing process for document reviewers. It is important to ask lots of questions before you hire a document reviewer or company. Ask about their background, experience and education. Don’t be afraid to ask them to provide customer references. You can also check your local Better Business Bureau to see if the company has had any complaints filed against it.

Home inspectors can be hired to assess the physical condition of the condominium and identify any issues you should be aware of before you buy. Generally, since the reserve fund report addresses issues with common property, a condominium home inspection is limited to the unit itself. It is important to know what is part of the condominium unit and what is common property so that the home inspector conducts a complete inspection.

For more information, read Service Alberta’s booklet Hiring a Home Inspector.

Licensing Requirements

In Alberta, home inspectors must have a licence from the Government of Alberta. You can check to see if a home inspector or home inspection business is licensed by searching Service Alberta’s database or calling 1-877-427-4088.

When a condo plan is registered, a developer must hold a meeting to elect the first board (also known as a “turnover meeting”). An owner can also call a meeting if the developer does not do so. The developer and interim board must disclose a number of documents to the corporation and elected first board. You can learn more about interim boards and the meeting to elect first board in the Developer Turnover section.

The first AGM must be held within 12 months of the condo plan registration. A condo corporation is then required to hold an AGM every year, within 15 months of the previous AGM. At the AGM, new condo board members are usually elected, the financial status of the corporation is disclosed, and any matters requiring owner input are discussed.

Notice of AGM

At least 14 days before an AGM, the condo corporation must give written notice of the meeting to owners and mortgagees and provide copies of the following documents:

• Financial statements for the previous fiscal year, prepared according to generally accepted accounting principles
• Annual report on the reserve fund
• Annual budget for the fiscal year immediately following the previous fiscal year

Check your condominium’s bylaws for any further information about notice of an AGM. For example, some bylaws may require preliminary notice of an AGM.

Information provided after AGM

Within 60 days after an AGM, the condominium corporation must provide an owner or mortgagee with approved minutes (or draft minutes if no minutes have been approved). The approved minutes or draft minutes must include records of the votes held at the AGM, recording the following information:

• If an ordinary resolution was proposed, the results of the vote
• If a special resolution was proposed:
  • the number of people (entitled to vote) who voted in favour of the resolution and number of unit factors represented by them
  • the number of people (entitled to vote) who did not vote in favour of the resolution and number of unit factors represented by them
• For an election of board members determined by a vote, the number of votes in favour of each candidate

When the condo board asks unit owners or unit owners ask to meet in addition to an AGM, it is known as a special general meeting. Such meetings are called to discuss an urgent matter that requires owner input and a resolution.

A board can convene a special general meeting by giving written notice to owners at least 14 days before the meeting.

When owners with units representing at least 15% of total unit factors provide a written request to hold a special general meeting, then the board must hold one by giving written notice to each owner at least 14 days before the meeting. The owners’ request must include the nature of the business to be discussed at the meeting. The board must hold the meeting within 30 days of receiving the request. Otherwise, the owners may proceed to hold the meeting.

A special general meeting notice must include the meeting purpose, including proposed wording of any resolution.

 As long as a reasonable attempt to give notice of a general meeting was made, failure to give notice does not invalidate anything done at that meeting.

Unless a corporation’s bylaws say otherwise, condominium corporations can hold meetings and votes by electronic means. This includes electronic or telephone conferencing, as well as computer network or internet-based communication platforms.

If you are entitled to attend a corporation or board of director’s meeting, you may attend it by electronic means. You may also vote by any electronic, telephone or other method that the corporation has made available for that purpose.

If you attend a meeting by electronic means, then you are considered to be present in person at the meeting.

Meetings not held by electronic means must be held in the municipality in which the units are located unless an ordinary resolution says otherwise.

A quorum is the minimum number of people required to be present at a meeting so that the decisions made at the meeting are valid.

The number of persons needed to make a quorum should be in the bylaws. For example, some bylaws will specify that at least 25% of all people entitled to receive notice of the meeting or represented by proxy must be present to form a quorum.

Some bylaws will even outline what will happen if there are not enough people to form a quorum at a meeting. For example, if there are not enough people present at the meeting to form a quorum within the first 30 minutes of the meeting, the meeting must be adjourned to the corresponding day in the next week. It must be held at the same place and time. If there are not enough people present at the meeting to form a quorum within the first 30 minutes of the adjourned meeting, then the people entitled to vote or represented by proxy who are present would be the quorum for meeting purposes.

For example, if an AGM was scheduled for 7 p.m. on a Tuesday and there were not enough people at the meeting to form a quorum, then it must be adjourned to the next Tuesday. The adjourned AGM must also be held at the same place and time (7 p.m.). People present at the adjourned AGM will be entitled to vote, regardless of whether a quorum was formed within 30 minutes of that meeting.

Always check your registered bylaws for any further guidance on Quorum.

Owners or mortgagees can give a proxy to any individual, which is a written authorization that the individual can vote on their behalf. A proxy must be in an electronic (for example, e-mail or fax) or hard copy format, containing information such as:

• The owner’s name and unit number or mortgagee
• The individual’s name to whom the proxy is given
• The date the proxy is given
• The signature of the owner or mortgagee giving the proxy

There are also situations where a proxy is invalid, for example, if it is given to:

• A minor
• A person other than an individual
• A manager or employee of the condominium corporation (unless the proxy was given only for forming a meeting quorum)
• A manager or employee of the condominium corporation’s management company (unless the proxy was given only for forming a meeting quorum)

Owners may revoke their proxies. When an owner gives two or more proxies, only the most recent proxy is valid.

A proxy can be restricted by the person who gave the proxy and the corporation’s bylaws and rules. For example, a corporation may adopt rules about their use, including proxy presentation procedures, verification and registration.

Proxies must be certified before or at the beginning of a general meeting unless the condominium’s bylaws say otherwise.

There are also certain rules about proxy expiration. For example, a proxy expires on the earliest of:

• The expiry date set out in the proxy
• 6 months from when the proxy was given and
• When the person giving the proxy is no longer an owner or mortgagee of the unit in which the proxy was given

There are two kinds of resolutions that owners (and mortgagees) will vote on at meetings.

An ordinary resolution is usually related to the day-to-day operations of the condominium. To pass an ordinary resolution, the condo corporation requires a majority vote or a resolution signed by a majority of people (who are entitled to vote)  representing more than 50% of the total unit factors.

A special resolution is needed make a change that will substantially impact all owners, such as the addition, revision, or removal of a bylaw. To pass a special resolution, the condo corporation requires support of at least 75% of people (who are entitled to vote) representing at least 75% of total unit factors.

Check your registered bylaws for any further guidance on passing resolutions.

The minutes are a formal record of a meeting.  The minutes include a summary of matters reported on, discussions, and decisions made or tabled.  A condo corporation and its board of directors should keep minutes of all meetings and must, by law, make the minutes available to owners, mortgagees, and purchasers of a condo unit in certain situations (for example, after an AGM) and upon request. The Secretary of the board of directors usually takes minutes at meetings. The condominium corporation must provide owners with the approved minutes or draft minutes within 60 days after an AGM.

The Condominium Property Act does not specify  how minutes should be taken at meetings. Experts recommend that condo boards refer to resources like the Robert’s Rules of Order for guidance on minute taking.

Check your registered bylaws for any further guidance on minutes.

The bylaws of the corporation may set out the standard order of business at an annual general meeting or special general meeting. For example, the order may be as follows:

1. Call to order by the chair
2. Calling of the roll and certifying of proxies
3. Proof of notice of meeting
4. Reading and disposal of any unapproved minutes
5. Vote on agenda items
6. Reports of officers
7. Reports of committees
8. Election of board members
9. Unfinished business
10. New business
11. Adjournment

Tip for condo boards: General meetings are to be conducted according to the rules of conduct adopted by the board. You may wish to see if your board has established any rules of conduct.

Check your registered bylaws for any further guidance on order of business and conduct for meetings. For example, your bylaws may have information on when a general meeting can be called.

Before you purchase a condo, think about the following questions.

Are you planning to use all of the complex’s amenities?

Consider how much you’ll pay in condominium contributions (fees) in comparison to the amenities provided. If you aren’t planning to use many of the amenities (for example, fitness centre, swimming pool) then you may want to look for a similar unit in a condominium with fewer amenities and lower contributions.

Do the contributions seem low compared to other properties?

Be wary if you’re looking at a condominium with many services and unusually low monthly contributions. This may be a sign that the condominium corporation doesn’t have enough money in its reserve fund to cover future repair and replacement costs. Ask your lawyer and document reviewer to look over the corporation’s documents to see if the corporation has a history of special levies and whether there is adequate money in the reserve fund.

Does the seller have unpaid contributions?

Always ask for an estoppel certificate before making an offer to purchase on a unit. It will indicate whether the current owner has paid contributions in full or if any fees are unpaid.  If you purchase a unit with unpaid contributions, any unpaid fees transfer to the new owner so they will become your responsibility.

The condominium board usually sets condominium contributions (fees) annually after considering all of the operating and reserve fund needs of the condominium. The total amount needed to cover the condominium’s expenses is split amongst the unit owners based on the unit factor assigned to their specific unit, unless the bylaws specify another method. Unit factors are typically proportional to the size of the unit and increase with the size of the unit. If you’re unsure of how unit factors are assigned in your condominium, check the schedule attached to your condominium plan.

Be aware that the condo board can increase condominium contributions. As operating expenses increase, contributions will increase. If more money is needed to increase the reserve fund, the condo board can decide to either increase contributions or levy a special levy.

As a unit owner, it is your responsibility to pay your condominium contributions in full and on time. If you don’t pay your contributions, the condo board could take any of the following actions:

• charge interest on the unpaid amount (up to 18% per year)
• sue you for the unpaid amount, plus any interest and legal costs
• if you have a mortgage, ask your mortgage company to pay the outstanding amount (note: many banks consider failure to pay condo contributions as an act of default that could result in foreclosure)
• if you have a tenant in your unit, require them to pay rent to the condominium corporation to cover the unpaid amount
• file a caveat against your property title
• foreclose on the title to your unit

A corporation that registers a caveat for unpaid contributions can recover from the owner all reasonable expenses for the caveat. For example, this could include caveat registration and discharge costs, plus legal fees.

When an owner, purchaser, mortgagee, or their lawyer makes a request in writing for an estoppel certificate, the condominium board must provide it.

An estoppel certificate is a document that contains information on the condominium unit’s contributions such as:

• The amount of the contribution
• How the contribution is payable
• How much contribution the owners has paid and
• The interest owing on any unpaid contribution
• Information on any proposed chargebacks

If an owner, purchaser, or mortgagee of a unit makes a request in writing for a statement about unit contributions, the corporation must meet that request within 10 days after receiving the request.

The corporation may charge up to $200 for providing an estoppel certificate.

A conventional condominium is the most common form of condominium. It typically refers to a condominium unit that is located within a building. Unit boundaries are identified by referring to floors, walls, and ceilings, as opposed to markings on a plot of land.

Owners of conventional condominiums have full (freehold) ownership of everything inside the unit based on the boundaries set out in the condominium plan. In some cases, a unit’s exterior windows and doors are part of the unit. In other cases, they may be common property. Check the condominium plan and bylaws to determine what is part of the unit and what is common property.

Common property in conventional condominiums may include air conditioning, plumbing, sprinkler systems, elevators, fitness centres, pools, hallways, lobbies, and exterior spaces like gardens.

A bare land condominium unit is a plot of land that may or may not already be developed. The boundaries of the units are described by reference to survey markers.

Owners of bare land condominiums have full (also called a “freehold” or “fee simple”) ownership of everything inside the unit’s land boundaries, which may include a house, garage, trees, and shrubs. If the unit has been developed, a Real Property Report will show the unit’s boundaries and the location of all structures within the boundaries.

Owners are generally responsible for maintaining everything inside the boundaries of their unit, which makes bare land condo ownership more like traditional home ownership. For example, owners are responsible for shoveling snow, landscaping, and making exterior repairs (such as replacing the roof and siding). However, in some cases, condominium corporations are responsible under the bylaws for such maintenance and repairs .

Common property in bare land condominiums will vary depending on the type of development. It may include sidewalks, roads, parks, and/or recreational facilities like pools or golf courses.

Most commonly associated with the term condominium, high-rise buildings offer new or resale conventional condominium units with a variety of amenities. Some high-rise buildings may be conversion properties. Some may be mixed-use developments with retail or commercial condo units on the lower levels.

Sometimes a more affordable option to high-rise condos, low-rise condominium buildings also offer new or resale conventional condominium units. In Alberta, many low-rise condominium buildings are converted rental properties.

Loft-style condominiums are often converted warehouse, commercial, or industrial buildings. They are available as new or resale conventional condominium units, and the amenities available will vary significantly depending on the property.

Townhouses or rowhouses are a great option for families or individuals looking for outdoor space. They are available as conventional or bare land condominiums.

With conventional townhouses or rowhouses, the exterior is common property that the condominium corporation usually maintains (although potential buyers should always check the bylaws to confirm).

If the townhouse or rowhouse is a bare land condominium, the owner has ownership of the land up to the property’s boundaries. This means the owner is responsible for landscaping and exterior repairs (for example, the patio or deck) unless the bylaws say otherwise. Sometimes condominium corporations are responsible under the bylaws for such maintenance and repairs.

Buyers should always confirm what type of condominium they are purchasing.

Occasionally, detached homes are part of a condominium complex. A gated community may be an example of a condominium complex that includes detached homes. Common property would include the roadways, sidewalks, and any recreational facilities. Luxury developments may include golf courses or tennis courts as common property amenities.

Developers using a phased development model must follow rules outlined in the Condominium Property Act and Condominium Property Act Regulation. These rules require developers to file a phased development disclosure statement with the initial condominium plan. This statement includes information about:

• the number of buildings
• the number of units for each phase and
• common property elements  (for example, parking, recreation facilities, etc.)

Developers using a barely blended development model do not have to follow any special rules. With a barely blended model, a developer divides a large parcel of land into multiple bare land units. These units are then developed in stages. As each bare land unit is ready for development, it is redivided and developed into a conventional condo building or smaller bare land condo units.

• Developers must provide you with certain documents before you buy.
• Once completed, it is move-in ready.
• You may be able to customize your unit by picking out finishes, flooring, and appliances.
• Reduced risk of having to undergo costly, noisy and intrusive repairs and renovations.
• Modern building amenities.
• New home warranty coverage.

• If construction isn’t complete, you must rely on drawings, floor plans, and sample materials to determine what the condo and common property will look like.
• You may wait months for construction to be compete. Your initial deposit will be tied up until construction is substantially completed.
• If construction is behind schedule, there could be a delay with your move-in date.
• You may have to pay occupancy fees (condo rent) if you move in before you receive the certificate of title from the developer.
• The condominium’s estimated budget could change drastically once the condominium is completed, which could result in increased condo contributions (fees).

• The possession date is usually much sooner than a new development.
• You can see what the unit and complex looks like rather than relying on drawings and floor plans.
• The condominium corporation will have an established budget and reserve fund. To see if there are any problems on the horizon, you can review the corporation’s financial statements with your lawyer and document reviewer.
• Talk with other owners, members of the condominium board, and the property manager about the complex.
• Ask to review the condominium board’s meeting minutes for any ongoing problems.

• The unit may not be move-in ready and/or could need renovations.
• The amenities may be older or limited.
• The common property may require significant, costly repairs in the future.
• The seller does not have to provide any documentation. The onus is on the buyer to request important documents.

You have one year from when you knew or ought to have known of the dispute to file an application with the Tribunal. If you make an application, you are the applicant. Your application must be in a form acceptable by the Chair and include the following:

• the applicant and respondent’s name
• the applicant and respondent’s contact information
• a description of the dispute
• any other information that the Chair considers necessary for the application

If the dispute is not within the Tribunal’s jurisdiction under the Condominium Property Act or Regulations, the Chair may refuse it. The Tribunal can also dismiss an application (in writing and with reasons) if it’s frivolous or vexatious, without merit or made in bad faith.

If you file an application with the Tribunal, you cannot also start a Court application about the same dispute. The same rule applies the other way around.

You may self-represent or advise the Tribunal of your designated representative. If you are considering making an application or need legal help, you can find a condominium lawyer through the Law Society of Alberta’s Lawyer Directory.

The parties to the dispute must pay the following application fees:

• The applicant must pay $150 for filing an application and $350 for adjudication.
• For mediation that is more than 4 hours, the fee is $150 per additional 4 hours (to a maximum of $300 per day); the parties split this amount evenly.

The Chair may waive an application fee (or part of it) if it causes financial hardship for the party who must pay the fee.

There are practice and procedure rules that the Tribunal must follow under the Condominium Property Act and the Condominium Dispute Resolution Tribunal Regulation. For example, the Tribunal:

• Must give all parties at least 10 days’ notice before a dispute proceeding takes place.
• May adjourn or reschedule a proceeding at any time on written notice to the parties.
• May determine the proceeding format and location.
• If the Chair assigns a Tribunal member to help the parties at mediation, that member cannot later hear the dispute at the adjudication stage.
• Adjudication decisions must be in writing and have the signature of the member who conducted the hearing (or the panel chair or Tribunal Chair).
• The Tribunal must issue adjudication decisions within 60 days of the adjudication hearing end date. The Chair however, may give an extension of up to 30 days to issue the decision.

You can only appeal Tribunal decisions to Court on questions of law. You have 30 days after you receive the Tribunal’s decision to make an application to the Court of King’s Bench for judicial review.

The Tribunal has limited jurisdiction (scope or authority of power) with condo disputes. It does not hear disputes about:

• special assessments
• complaints about improper or oppressive conduct
• complex condo governance and operations or financial matters

The Court of King’s Bench has jurisdiction over such matters.

Within 30 days of registering a condominium plan, a developer must appoint an interim board. The Land Titles Office files the names and addresses of interim board members. An interim board holds office until the election of the first board. Interim board members must follow standards of conduct in running the condominium corporation, including:

• Act honestly and in good faith with the best interests of the corporation
• Exercise care, diligence and skill that a reasonable person in similar circumstances would do
• Avoid conflict of interest
• Make reasonable efforts to pursue remedies or claims under warranties or insurance policies in connection with the corporation’s property

A developer or interim board arranging a reserve fund study before a first board is elected must use an independent reserve fund study provider (a provider who is at “arm’s length”).

The developer has 90 days from the issuance date of the certificates of title to units (representing 25% of unit factors –so, once 25% of the units are sold) to hold a meeting of the owners to to elect an owner to the interim board. Owners can hold the meeting if the developer does not do so within this time period.

The elected interim board member does not have the power to vote on anything before the interim board. If the elected interim board member stops being on the interim board, then the developer has 30 days to convene another meeting of the owners to elect a new interim board member.

When registering a condominium plan, the developer has 90 days from the issuance date of the certificates of title to units (representing 50% of unit factors –so, once 50% of the units are sold) to hold a meeting to elect the first board. This meeting is also known as a “turnover meeting”). An owner can hold the meeting if the developer does not do so within this time period.

At the meeting to elect first board, there are a number of documents that the developer and interim board must provide at no charge to the corporation such as:

• Warranties and guarantees on the corporation’s property
• Structural and electrical working drawings and specifications
• Agreements to which the corporation is a party
• Certificates, approvals and permits
• Building assessment report or converted property study (for conversions)
• Any reserve fund report
• Any technical analysis of the units, real and personal property of the corporation or common property (where a converted property study is not required)
• Resolutions
• Minutes
• Other interim board records and documents

Once the first board is elected, the developer or interim board must also provide additional information and documents to the elected board such as:

• Copies of documents or orders as required under other legislation (e.g., Safety Codes Act, New Home Buyer Protection Act)
• Copies of technical documents regarding the condo corporation’s property (e.g., manuals, records of service/repair)
• Copy of the condo plan and redivision plan
• List of interim board members
• Information on owners, mortgagees and tenants
• Copy of any rules made by the board
• Copy of an unsatisfied court judgment or proceedings where the corporation is a party
• Copy of legal or other professional advice
• Copies of any proposed budget, financial statements or tax records
• Copies of records relating to the corporation’s financial institution account holding its funds (e.g., reserve fund and operating funds)
• Copies of legal instruments relating to the corporation’s property (e.g., exclusive possession lease, restrictive covenants, caveats registered against units)
• Copy of the corporation’s insurance policies and certificates
• Copy of any standard insurable unit description (if the first board is elected on or after January 1, 2020)
• A converted property study or building assessment report (for conversion units)

  See section 16.1(1) of the Condominium Property Act and section 20.2(1) of the Condominium Property Regulation for a detailed list of information and documents that a developer or interim board must provide at a meeting to elect first board and to the first elected board.

When renting out your condominium unit, you must provide the condominium corporation with certain written information. The condominium corporation cannot prevent you from renting your unit but they are legally entitled to the following information:

• Your intention to rent your unit, including:
  • an address where you can be personally served with documents
  • how much rent you will be charging the tenant
• The name of the tenant renting the unit. This notice must be provided within 20 days of the tenancy starting.
• When you decide to stop renting your unit. This notice must be provided within 20 days of the tenancy ending.

The condominium corporation can ask you for a rental deposit if you are renting out your unit. The rental deposit is intended to cover:

• Repair and replacement of the corporation’s real/personal property or common property and
• Maintenance or repair of any common property

Under the Condominium Property Regulation, the rental deposit cannot be more than $1000 or one months’ rent, whichever is greater. The rental deposit must be held and repaid along with interest earned (if any).

If you owe the corporation a rental deposit, the corporation has legal rights to recover the deposit from you (for example, by suing you). The corporation may also recover the amount from you as if it were a contribution. For more information on what happens when a contribution is not paid, go to our page on Condominium Contributions.

When you give the condominium corporation notice that you are no longer renting the unit to a tenant, the corporation must then deliver to you a statement of account and any unused portion of your rental deposit, along with interest earned (if any) within 20 days. If the corporation deducted from the rental deposit, then it must provide a statement of account with the following information:

• The amount used and any interest earned, if any
• The balance of the deposit not used and any interest earned, if any
• An itemized list of deductions from the rental deposit and why the deductions were made.

In some cases, a condominium corporation may need additional time to determine the amount to be deducted from the deposit (e.g., a contractor needs to provide an estimate of costs). If this is the case, the corporation must provide an estimated statement of account to the owner within 20 days of receiving notice from the owner. Within 60 days of delivering to the owner the estimated statement of account, the corporation must also deliver to the owner:

• A final statement of account showing the amount used and any interest earned, if any and
• The balance of the deposit not used and any interest earned, if any

Rental deposits are separate from security deposits. You can ask the tenant for a security deposit on your unit but you cannot use this money to pay the condominium corporation’s rental deposit. Within two banking days of receiving the tenant’s security deposit, you must put the money into a trust account. You may also be required to pay interest on the tenant’s security deposit. For more information about security deposits, visit Laws for Landlords and Tenants in Alberta.

Under the Residential Tenancies Act (RTA), you must do written unit move-in and move-out inspection reports with your tenant and ensure both you and the tenant each have a copy of each. You cannot make any deductions from a tenant’s security deposit to pay for damage they have done to your unit if you have not completed written move-in and move-out inspection reports. For more information about inspection reports, visit these resources:

• Laws for Landlords and Tenants in Alberta website
• Service Alberta RTA Handbook for Landlords & Tenants
  

Any rental deposit that a condo corporation collected from an owner before the coming into force of the Condominium Property Regulation changes (January 1, 2020) may be retained during the tenancy of the owner’s unit. For example, if an owner rented out a condominium on July 1, 2019 and the corporation collected a $1500 rental deposit, then the corporation can still retain that deposit during the remaining tenancy of the unit.

Tenants are required to follow the condominium’s bylaws during their tenancy and they should have access to a copy of the bylaws. As a responsible landlord, you should familiarize yourself with the bylaws so that you can properly advise the tenant about the condominium’s rules and ensure the lease agreement accurately reflects the bylaws.

For example, if the bylaws do not allow pets in the building, you should ensure the lease agreement has a no pets clause. If your lease agreement states that pets are allowed, that provision is not valid because it violates the bylaws. You could be held responsible if the tenant was a pet owner and was evicted due to your negligence.

The Condominium Property Act gives the condominium board the power to evict a tenant who has:

• caused damage, other than normal wear and tear, to the common property or any other property of the condominium corporation; or
• violated one of the condominium’s bylaws.

After the tenant has committed one of the above acts, the condominium board has to give the tenant written notice to give up possession of the unit. The notice must also be served on the owner of the unit.  The owner cannot prevent the condominium board from evicting the tenant.

The tenant must move out by the last day of the month immediately following the month the notice is served. For example, if the notice was served on May 14, the tenant would need to leave by June 30.

If a tenant has received a notice to give up possession but does not move out, the condominium board has the right to make an application in the Court of King’s Bench for an order requiring the tenant to leave.

There are certain cases where a condominium board can go straight to court and request an immediate eviction order.

A condominium board can make an application for immediate eviction if a tenant:

• has caused or is causing excessive damage to the common property or any other property of the condominium corporation; or
• is a danger to or is intimidating the owners or tenants in the complex.

If such an application is made, the corporation must notify the tenant and owner of the unit. A court hearing will be held where a judge will decide whether to grant an order for the tenant to immediately give up possession of the unit.

Tip for condo boards: If a corporation makes an application for immediate eviction, it must notify the tenant and owner of the unit at least 5 days in advance (not including holidays and Saturdays).

The owner of the condominium unit also has the power to evict if the tenant commits a substantial breach under the Residential Tenancies Act. More information about evictions can be found by visiting Laws for Landlords and Tenants in Alberta: Eviction Notices.

If you are planning to rent your condominium unit, the lease should clearly state whether or not the tenant is responsible for paying the condominium contributions. Keep in mind that serious consequences can result if the condominium contributions are not paid..

If you are renting your unit and condominium contributions go unpaid, the condominium corporation can require the tenant to pay the rent to the corporation instead of you to cover the unpaid contributions. If you are at fault for not paying the contributions, you cannot take any actions against the tenant.

Renting Out Your Condo: Six Things You Need to Know (PDF)

Laws for Landlords and Tenant in Alberta: Everything you need to know about renting in Alberta for landlords and tenants.

Renting a Condominium: A guide for tenants interested in renting a condominium.

RTA Handbook: A comprehensive guide on residential tenancies in Alberta, prepared by Service Alberta.