Search Results for: Condominium 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.

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.

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.

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

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.