October 27, 2017

Alberta Court of Appeal grapples with distribution of proceeds from strata’s termination

Kay Kay Corporation v Condominium Corporation No 072 4807, 2017 ABCA 335, was an appeal of a decision of chambers judge “to reduce the apportionment of the sale proceeds to 14 units out of a total of 188 condominium units.” Those “sale proceeds” resulted from a termination of the condominium under Read more…

October 26, 2017

Alberta: Update on new condominium legislation and new survey

Earlier this month, Service Alberta made an announcement on the implementation of reforms to the province’s Condominium Property Act. The Condominium Property Amendment Act (PDF) passed the legislature in December 2014, but its coming into force has been contingent on the development of supporting regulations. Service Alberta will be taking Read more…

July 20, 2016

Alberta court holds that creditors with registered builders liens and caveats have priority over strata-lot purchasers’ unregistered trust interests

In 1864684 Alberta Ltd v 1693737 Alberta Inc, 2016 ABQB 371, the Alberta Court of Queen’s Bench made a “determination of creditors’ entitlement to net sale proceeds” of a commercial-condominium development located in Airdrie, Alberta. The condominium’s developer was in receivership and the land “was sold in a court-supervised receivership,” with the Read more…

April 5, 2016

Alberta court considers how to tally votes on strata-property special resolution

A recent Alberta case involving a special resolution to change the basis in which condominium owners fund their common expenses turned on “the manner in which persons entitled to vote are to be counted.” 1597130 Alberta Ltd v Condominium Corporation No 1023241, 2016 ABQB 195, involved a 24-unit condominium complex. The Read more…