Search Results for: Condominium Documents

If you are having problems with your developer, you should contact them. Talk to them about your concerns and try to reach a mutual solution. It is important to have problems and any agreement to problems documented in writing.

If the developer is not following the rules under the Condominium Property Act and its regulations, you may want to contact Service Alberta’s Consumer Investigations Unit. Service Alberta is the government agency responsible for investigating developer offences under the Condominium Property Act and its regulations.

Under the Condominium Property Act, the government can inspect developers, issue orders and fines and make court applications against developers that are not following the rules. For example, developers are guilty of an offence and are liable for a fine (if convicted) when they:

• Fail to appoint an interim board and file names and addresses with the land titles office
• Fail to disclose documents to the purchaser during the sale process
• Fail to include all information in a purchase agreement
• Do not comply with trust money requirements (e.g., refund deposits for cancelled purchases within the specified time frame, hold trust money until the certificate of title is issued)
• Fail to give notice of material changes

You should seek legal advice for any issues that arise with your developer before, during and after the purchase process.  You can find a lawyer on the Law Society of Alberta’s online Lawyer Directory.

If you run into any challenges in working with your real estate professional, you should talk to them about your concerns. Open, honest communication is key to a healthy working relationship. If you are unable to resolve the issue through talking with your professional, you may want to consider contacting their broker to discuss the problem. If you cannot reach a satisfactory resolution with the professional or broker, you may be able to file a complaint with RECA.

RECA has produced a comprehensive Guide to Complaints that outlines the dispute resolution options available if you have a problem with your real estate professional.

If you think you’re working with an unlicensed real estate professional, read RECA’s Guide to Complaints Related to Unauthorized Practice.

Depending on the nature of the problem, you may want to seek legal advice.

If you run into any challenges in working with your lawyer, you should talk to them about your concerns. Open, honest communication is key to a healthy working relationship.

If you’re unable to resolve your issue, you may able to file a complaint with the Law Society of Alberta. For more information on what type of complaints the Law Society will investigate, visit their website or read their Complaint and Inquiry Guideline.

If you have any difficulties with your document review company, you should talk to them about your concerns. If you’re unable to resolve the issue through dialogue, you may want to file a complaint with the Better Business Bureau and/or seek legal advice about your options.

If you have any difficulties with your home inspector, you should talk to him or her about your concerns. If you cannot reach a resolution, you may be able to file a complaint with Service Alberta. You may also want to seek legal advice about your options, depending on the seriousness of the issue.

Under the Condominium Property Act, a corporation has several ways to serve documents (such as written notices or requests) on owners, including:

• Personal service on the owner.
• Ordinary mail or recorded mail to the owner’s address. For ordinary mail, service is effective 7 days after sending the document. For recorded mail, service is effective on the signing date of the acknowledgment of receipt.
• Electronic means to an electronic address as provided by the owner (e.g., e-mail). Service is effective 24 hours after sending the document.

Owners can request and agree to receive communication from the condominium corporation electronically. This includes minutes, notices and notifications, including notices of meetings or bylaw non-compliance and notifications of new rules.

When the corporation sends electronic notices to owners, the notices and any attachments must be sent in a way that can be retained forever by the owner. For example, the condominium corporation cannot send notices through a webpage link that will expire.

Also, the corporation does not need to send notices to electronic addresses unless:

• the electronic address is an e-mail address or
• any other type of electronic address allowed by the bylaws/rules or acceptable by the board (through board resolution)

Furthermore, owners who provide an electronic address for receiving communications from a corporation must make sure that they update the corporation of any changes to their electronic address.

 Electronic notices and notifications are considered to have been received by the owner 24 hours after it is sent to the electronic address.

It is important for condominium corporations to keep documents and records for a variety of reasons:

• They can facilitate board decision-making and budgeting.
• They can facilitate the continuity of the condominium board and condominium corporation. For example, unit owners, board members, and condo managers change. Having documents and records in good order helps make sure new unit owners, board members, and condo managers are up to date with condominium affairs.
• In case of a dispute, well maintained proper documents and records can prove the board’s decision making processes were done properly and legally, and why they reached certain decisions.

The Condominium Property Regulation specifies how long the condominium corporation must keep documents and information. Some documents and information must be kept permanently, for example:

• The corporation’s current bylaws
• Details on post tensioned cables located on or within the property as included in the condominium plan
• 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
• Professional reports, such as engineering reports
• Structural, electrical, mechanical and architectural working drawings and specifications, and as built drawings
• Existing plans showing the location of underground utility services, sewer pipes and cable television lines
• Certificates, approvals and permits (relating to the corporation’s property) issued by:
  • a municipality
  • Administrator under the Safety Codes Act
  • the Government or
  • agent of the Government
• Any building assessment report
• Copies of all plans, documents and amended documents as required under the Safety Codes Act

The condominium corporation may keep documents and information in an electronic format. However, they must be complete, legible and reproducible.

Tips

• For a complete list of the retention period for a corporation’s documents and information, refer to schedule 3 of the Condominium Property Regulation.
• Corporations do not need to retain documents that no longer exist or that they no longer have control over/access to as of January 1, 2020.

Yes, as long as the information or document:

• Is complete
• Is legible in its entirety and
• Can be reproduced by the corporation in an electronic format or in hard copy format

As long as the version of a document in electronic format meets the above requirements, then it is considered the original document.

Condominium corporations should consider developing a policy for the retention, review, and disposal of documents. Because some of these documents and records may contain personal information of unit owners, the corporation should be familiar with the Personal Information Protection Act.

Original copies of any documents or records prepared for a corporation by a condo manager or board member are property of the corporation. There are rules for former condo managers and board members in dealing with a corporation’s original documents and records.

For example, upon the cancellation of a management agreement, a condo manager has 30 days to return all property belonging to the corporation (including original documents and records) at no charge. When a person is no longer a board member, they have 30 days to return all property belonging to the corporation (including original documents and records) at no charge.

• Act honestly and in good faith.
• Exercise care, diligence and skill that a reasonable person would exercise in similar circumstances.
• Avoid conflict of interest by disclosing any conflict of interest to the board and not voting on any such matters.
• Abide by the law, including theCPA, regulations and the bylaws.
• Act fairly and consider the interests of others.

• Perform the powers and duties of the condominium corporation subject to the CPA and any bylaw restrictions.
• Enforce the condominium’s bylaws, and review and update the bylaws, as needed, by special resolution.

• Set and collect owners’ condominium contributions (fees).
• Prepare financial documents such as an annual budget, financial statements, and annual report and provide copies to all owners within the appropriate timeframe.
• Administer the reserve fund, complete a reserve fund study, report and reserve fund plan.
• Determine if a special assessment will be imposed on condominium owners.

• Manage and maintain the condominium’s real, personal, common and managed property, including hiring and supervising a property management company, if applicable.
• Keep the condominium’s property in good and serviceable repair.
• Comply with notices or orders by any municipal or public authority requiring repairs to the property.

• Have property insurance and liability insurance for the condo corporation and board members.
• Respond to written requests for documentation from owners, purchasers, or mortgagees, as per the Condominium Property Act (CPA).

• Follow the general procedure for holding meetings, as well as more specific procedures on board elections, voting and resolutions.
• Hold an annual general meeting (AGM) every year and within 15 months of the previous AGM.
• Hold special general meetings if necessary.

If you have a dispute with your neighbour, here are some steps you can take to resolve the situation:

1) Speak directly with your neighbour about the issue. Your neighbour may not realize they are causing problems for you. They may not be aware of the condominium bylaws or rules, particularly if your neighbour is renting the unit. Be polite and diplomatic and see if you can come to a resolution.

2) Write a letter to your neighbour. If you were unable to reach a resolution by speaking with your neighbour, write them a letter outlining your concerns. Attach any relevant bylaws or rules to your letter. Keep a copy of the letter for your records.

3) Write a letter to your condo board or property management company. If you haven’t had success resolving the dispute with your neighbour in-person or in writing, send a letter outlining your concerns to your condo board or property management company. Detail what steps you have taken to try and resolve the issue with your neighbour and list any and all issues you have had and when they have occurred. Keep a copy of the letter for your records.

4) Consider your dispute resolution options 
If the issue relates to the Condominium Property Act, its regulation, or the condo’s bylaws, you can engage in mediation or arbitration to resolve the issue as long as your neighbour agrees to it. Find a mediator or arbitrator through the ADR Institute of Alberta’s Online Directory.

The Court of King’s Bench is another option. If the issue relates to the Condominium Property Act, its regulation, or the condo’s bylaws or if your neighbour has engaged in “improper conduct”, you can make a court application. This is an expensive option and you should seek legal advice before proceeding.

• Keep a record of the dates and times of the issues you’re having. Detail what occurred and if you took any action to resolve.
• Keep a record of the complaints you make and to whom you make them, including copies of any written complaints made.

If you make a complaint against your neighbour, the condo board cannot tell your neighbour who made the complaint. The condo board can provide a copy of your letter of complaint provided all information that could reveal your identity is removed from the letter. For more information, see question 18 on Service Alberta’s FAQ.

Improper conduct by an owner means:

• Failing to comply with the CPA, its regulation, or the condo’s bylaws or
• Conduct that is oppressive or unfairly prejudicial to the corporation, a board member or another owner.

If you have a dispute with your condo board or property manager, here are some recommended steps to take to resolve the situation:

1) Speak to a member of your condo board or property management company about your concerns. See if you can reach a mutually agreeable resolution to the issue.

2) Write a letter to your condo board. If you are unable to reach a resolution in-person, write a letter outlining your concerns and what resolution you would like to see. Keep a copy of the letter for your records.

3) Consider your dispute resolution options 
Provided the issue relates to the Condominium Property Act, its regulation, or the condo’s bylaws, you can engage in mediation or arbitration to resolve the issue as long as the condo board or property manager agrees to this dispute resolution method. Find a mediator or arbitrator by visiting the ADR Institute of Alberta’s Online Directory.

The Court of King’s Bench is another dispute resolution option. If the issue relates to the Condominium Property Act, its regulation, or the condo’s bylaws or if the property manager or condo board has engaged in “improper conduct”, you can make a court application. This is an expensive option and you should seek legal advice before proceeding.

• Failing to comply with the Condominium Property Act, its regulation, or the condo’s bylaws.
• Conducting the business affairs of the condominium corporation in an oppressive or unfairly prejudicial way, or in a manner that unfairly disregards the interests of an interested party.
• Exercising the powers of the condo board in an oppressive or unfairly prejudicial way, or in a manner that unfairly disregards the interests of an interested party.

If you have a dispute with your condominium’s developer, here are some recommended steps to take to resolve the situation:

1) Speak with the developer about your concerns. Talk to one of the developer’s representatives to see if you can reach a solution.

2) Write a letter to the developer. If you are unable to reach a resolution in-person, write a letter to the developer outlining your concerns and what resolution you would like to see. Keep a copy of the letter for your records.

3) Consider your dispute resolution options 
Provided the issue relates to the Condominium Property Act, its regulation, or the condo’s bylaws, you can engage in mediation or arbitration to resolve the issue as long as the developer agrees to this dispute resolution method. Find a mediator or arbitrator by visiting the ADR Institute of Alberta’s Online Directory.

The Court of King’s Bench is another dispute resolution option. If the issue relates to the Condominium Property Act, its regulation, or the condo’s bylaws or if the developer has engaged in “improper conduct”, you can make a court application. This is an expensive option and you should seek legal advice before proceeding.

• Failing to comply with the CPA, its regulation, or the condo’s bylaws.
• Conducting the business affairs of the developer in an oppressive or unfairly prejudicial way, or in a manner that unfairly disregards the interests of an interested party or a purchaser or potential purchaser.
• When the developer exercises the powers of the condo board in an oppressive or unfairly prejudicial way, or in a manner that unfairly disregards the interests of an interested party or a purchaser or potential purchaser

If you have a dispute with your real estate professional, here are some recommended steps to take to resolve the situation:

1) Speak with your real estate professional about your concerns. Open, honest communication is key to a healthy working relationship.

2) Write a letter to your real estate professional’s broker. If you are unable to resolve the issue, you may want to consider writing to your real estate professional’s broker. The broker is the equivalent to your real estate professional’s supervisor. Keep a copy of the letter for your records.

3) File a complaint with the Real Estate Council of Alberta (RECA). In Alberta, RECA is the governing body responsible for licensing and regulating real estate professionals. Review RECA’s Guide to Complaints to determine whether you should file a complaint against your real estate professional.

Tips

• If you think you’re working with an unlicensed real estate professional, consult RECA’s Guide to Complaints Related to Unauthorized Practice.
• Keep copies of all correspondence you have with your real estate professional and their broker.
• Depending on the nature of the situation, you may wish to seek legal advice about other available remedies.

If you have a dispute with your lawyer, here are some recommended steps to take to resolve the situation:

1) Speak with your lawyer about your concerns. Open, honest communication is key to a healthy working relationship. Try to reach a mutually agreeable resolution.

2) Write a letter to your lawyer. If you are unable to resolve the issue in-person, write a letter to your lawyer outlining your concerns. If your lawyer is part of a larger firm, send the letter to the lawyer’s supervising partner at the firm. Keep a copy of the letter for your records.

3) File a complaint with the Law Society of Alberta. Visit the Law Society of Alberta’s website and read their Complaint and Inquiry Guidelines to determine whether you should file a complaint against your lawyer.

Tips

• Keep copies of all correspondence you have with your lawyer.
• Depending on the nature of the situation, you may wish to seek legal advice about other available remedies.

First, try talking to your neighbour and letting them know your concerns. They may be unaware that you can hear them. Perhaps they just need a gentle reminder about the condo’s noise policy (if there is one).

If the noise continues, write a letter of complaint to your neighbour. Make sure to keep a copy for your records. If this doesn’t help, then write to your condo board or property management company and ask them to help.

For a more detailed overview of what to do when you have a problem with a neighbour, refer to the following resources:

• How to deal with a noise problem (on CPLEA’s Laws for Landlords and Tenants website)
• Dispute Resolution

Yes. Under the Personal Information Protection Act, condo boards cannot disclose who made the complaint. Your neighbour can ask for a copy of the complaint. But the condo board must remove any and all information that could identify you as the person making the complaint.

For more information, refer to the Government of Alberta’s resource, Personal information and condominium corporations.

Check your bylaws. Many condominium corporations have rules on whether they allow pets (including allowable types and how many you can have).  Some condominiums may also require you to get approval from the board before you get a pet.

For more information, read Ask Maria: Pets, Parking, People.

It can be difficult to change a condominium’s bylaws. Start by preparing a convincing case of the need for the changes to present to your condo board and to the ownership. Bylaw changes must be approved by a special resolution.

If you spot pests like bed bugs, mice, or ants in your condominium, you should notify your property management company or condominium board as soon as possible. In an apartment-style condominium, if you have a pest problem in your unit, it is likely impacting the common property and other units. Typically, the property manager or condo board will hire a pest control company to assess the situation and take steps to eliminate the pests from the complex.

On the other hand, if you live in a bare land condominium unit and discover pests in your unit, it will likely be your responsibility to hire a pest control company. It is unlikely the pests are causing a problem on common property.

For more information about mice, read: Ask Maria: Unwanted Guests – What to do when you see mice in your condo.

Check your condominium plan to see if your windows are part of the common property or part of your condominium unit. Generally, all doors and windows located on exterior walls of a unit are part of common property unless otherwise designated on the condominium plan.

If your window is considered common property, it is the condominium corporation’s responsibility to maintain and repair it. Contact your property management company or condominium board to have the window repaired.

If your window is considered to be part of your condominium unit, it is your responsibility to maintain and repair it. You will have to schedule and pay for the repairs. If your window needs to be replaced, make sure to check your bylaws to see if you’re required to get condo board approval or follow specific architectural guidelines for the replacement window.

Check your condominium plan for exclusive possession areas. Exclusive possession areas are common property or a condo corporation’s real property that only you can occupy. In a condominium building, exclusive possession areas are often parking stalls, storage units, and balconies.

You should  check if there is a bylaw, lease, licence or other instrument outlining your responsibilities for maintenance and repair of exclusive possession areas. The condo corporation may require you to maintain and repair the areas according to the terms of the bylaw, lease, licence or other instrument.

If you fail to maintain or repair an exclusive possession area under a bylaw, lease, licence or other instrument, the condo corporation can carry out the necessary maintenance or repairs. Consequently, the condo corporation may take legal action to recover from you any reasonable costs for the maintenance or repairs.

If you have a titled parking stall, it means you own the parking stall. Titled stalls can be sold with the property but assigned stalls cannot. An assigned parking stall is common property and typically leased to an owner by the condominium corporation for their exclusive use.

For more information, read Ask Maria: The Parking Dilemma.

Yes. Your condo board has the right to access your unit to inspect, maintain, or repair common property. This may include plumbing, heating, or electrical systems.

The condo board must give 24 hours written notice prior to entering. The notice must state the reason for entry and give the date and time of entry. The condo board or its designated agent (e.g.,  repair person) can only enter between 8:00 a.m. and 8:00 p.m. Also, they cannot enter on a holiday or your religious day of worship (presumed to be Sunday unless you have otherwise informed the board in writing). Furthermore, you should check if your bylaws address this issue. Your condo’s bylaws may require the board to give more generous notice periods.

In case of an emergency, the condo board may enter without notice.

It depends on your bylaws. For more information, read Ask Maria: The AC Conundrum