A financial contribution imposed by resolution of the condominium board on condo owners in addition to their regular condo contributions (fees) in certain situations. For example, to cover unexpected shortfalls in the operating account or increase the balance of the reserve fund to meet reserve fund plan requirements.
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Termination of Agreements
Under the Condominium Property Act, condo corporations are allowed to terminate management agreements and other agreements entered into by the developer. The following page has more information on how this works. If you have any concerns as a board over ending any agreements entered into by the developer, seek legal advice.
Developer’s management agreement
After the first board election, a condo corporation can terminate a management agreement entered into by the developer (also known as a “developer’s management agreement”) – as long as one year has passed from the day that it was entered into. The agreement may allow for an earlier termination date. The corporation must give 60 days’ written notice (or any shorter notice if allowed in the agreement).
Other agreements
A condo corporation may terminate an agreement entered into by the developer within 12 months of the first board election. The corporation must give at least 60 days written notice (or any shorter notice allowed if in the agreement). There are certain agreements that the condo corporation cannot terminate such as:
- Easements
- Restrictive covenants
- Exclusive possession agreements made under a bylaw
- Mutual use agreements
- Agreements for the provision of electricity or natural gas service for a term of less than 5 years and telecommunication services
- Agreements for alternative or renewable energy systems
Last updated: March 2018
Legal Proceedings
Before you buy, determine whether the condominium corporation is involved in any legal proceedings. Consider the following:
- Have any legal actions or claims been made against the corporation?
- Does the corporation currently have any outstanding judgment orders resulting from previous legal proceedings?
- Have any written demands over $5,000 been made against the corporation that could result in legal proceedings being taken?
- What is the nature of the legal action or demand facing the corporation?
If the corporation is involved in legal proceedings, you should be extremely cautious about buying a unit in the development. Legal proceedings are expensive and could be a sign the corporation is in trouble financially or otherwise.
Make sure to talk to a lawyer about the potential consequences of purchasing property if the condominium corporation is facing legal action or has a significant outstanding judgment.
July 2022
Occupancy fees
In a new development, money paid to the developer to live in the unit from the time the occupancy permit is issued to the time the certificate of title is received.
Condo Board
What is the Board of Directors? – An introduction to what you need to know about condo boards, including who can serve on the board and how they are elected.
Powers and Duties – Information on some of the general powers and duties of condo boards.
Condo Board Conduct – Board members must follow certain standards of conduct in running condominium corporations. You can learn about those standards here.
Dispute Resolution for Boards Information and tips on resolving disputes.
Developer Turnover
This section applies to the owners of new build condos and conversion developments only.
During the construction and sale of new condos and conversions, a developer-appointed interim board runs the condo corporation. The Condominium Property Act outlines when and how the developer must turn over the condo corporation to the first owner elected board. The following provides an overview of the turnover process.
Unsure of what new and conversion mean? Visit Choosing a Condominium for more information.
Interim board
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”).
Meeting to elect first board
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) 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
- Any reserve fund report
- Resolutions
- Minutes
- Other interim board records and documents
After the first board election
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.
Last updated: June 2022
Real Property Report
When purchasing a bare land condominium unit that already contains structures like a house or garage, you should request a real property report from the seller.
A real property report is a physical land survey that a registered land surveyor prepares. It will show:
- the physical boundaries of the bare land unit;
- the size and location of all structures on the unit;
- any rights of way or easements located on the property; and,
- if the structures on the property comply with municipal bylaws.
For conventional condominiums or bare land condominiums without structures, the condominium plan provides all of the necessary information.
For more detailed information about Real Property Reports, visit the Alberta Land Surveyors’ Association’s information page.
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.
Last updated: June 2022
Management agreement
An agreement entered into by a corporation setting out the general control, management and administration of its property.
Related Articles:
Notice of Change of Directors
This is a document that the condominium corporation must register at the Land Titles Office after a condo board membership change. The condominium corporation must register it within 30 days after the AGM. Also, if a change occurs between elections (for example, a board member vacancy or removal), the condominium corporation must promptly file it at the Land Titles Office.
Buying a Condo
Buying a condo will be one of the most important transactions of your life and it is important to do your homework before you make an offer to purchase. When you’re choosing a condo, make sure you understand the differences between types of condos and what type will best fit your needs. Request and review documents from the developer (for a new unit) or condominium corporation (for a resale unit) and ask questions. Most importantly, seek assistance and advice from experts before you make an offer. Learn more about each of the topics below by clicking on the link:
- Choosing a Condominium
- Collecting & Reviewing Documents
- Deposits, occupancy fees & other issues
- Experts Who Can Help
- New Home Warranties
Resources
Buying and Owning a Condominium (pdf) – booklet produced by Service Alberta
Condominium Buyer’s Guide (pdf) (html) – produced by the Canada Mortgage and Housing Corporation (note: information is not Alberta-specific)
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