Alberta: Update on implementation of Condominium Property Amendment Act

28 April 2017

By Kevin Zakreski

Service Alberta has recently provided an online update on its progress in implementing the Condominium Property Amendment Act, 2014 (PDF). This major amending act passed the Alberta legislature in December 2014. It contained over 60 sections with a host of amendments to Alberta’s Condominium Property Act. These amendments included new duties on a condominium’s developer, enhanced consumer-protection provisions, provisions on condominium governance, including amendments to voting at general meetings and bylaws, and new provisions on finances and record keeping.

The Service Alberta update notes that implementation of the 2014 amending act is still pending the creation of regulations:

the regulatory work required to bring more than 60 amendments into force is ongoing. We recognize this has been a lengthy process, but nearly one-quarter of all homes now sold in Alberta are condominiums. It’s important we get this legislation right for the hundreds of thousands of current and future Alberta condo owners.

The plan is to implement the amending act and supporting regulations in two phases:

The first phase focuses on new protections for buyers of newly-built and conversion condominiums. This includes:

  • Better purchase disclosures at the point-of-sale, including an occupancy date for their unit.
  • Realistic operating budget and estimated condo fees.
  • Trust money safeguards.
  • Cancellation rights for certain long term contracts entered into by the developer.
  • New and existing condo owners will also benefit from improved rules for a smooth transition from the developer to the owner-elected board of directors.

We expect to bring forward these changes this year. . . .

The second phase will address how condo boards govern themselves, including insurance requirements, voting procedures, and reserve fund plans. We look forward to opening the public consultation on these topics in 2017.

Finally, on the issue of dispute resolution, the update reports:

We have heard loud and clear that an accessible dispute resolution process is essential to condo living. The tribunal is intended to be an affordable and efficient forum to resolve condo disputes between condo boards, owners, occupants, and other interested parties. Once available, it will provide a lower-cost alternative to the courts for condo owners. We are working diligently to put this in place as soon as possible.

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