Changes to the Condominium Property Act and Regulation in 2018 QUICK ENQUIRY

Changes to the Condominium Property Act and Regulation in 2018

Alberta’s Condominium Act has been updated with changes coming into effect on January 1, 2018 and April 1, 2018. The amendments include many changes that will impact the operations of condominium boards  and developers.

How the changes were enacted

  1. The Condominium Property Amendment Act was passed in Dec, 2014 but not proclaimed in force.
  2. Two Orders in Council were issued on Oct 11, 2017 which proclaimed in force some portions of the Amendment Act and enacted additional regulations.

Non Developer Changes

1 – Return of Corporate Property

2 – Board Changes

i. to act honestly, in good faith and in the best interests of the corporation AND
ii. exercise the care, diligence and skill of a reasonably prudent person

i. bankrupt,
ii. 60 days in arrears,
iii. represented adult,
iv. indictable offense,
v. resigns or removed by ordinary resolution

*Does not automatically include a board member who commences a lawsuit against the corporation.

3 – Notice of Meetings (AGM’s and Special)

4 – Special Meetings

5 – Electronic Updates

6 – Service

7 – Estoppels must include:

8 – Insurance Changes – the Corporation/Manager must notify owners (by sending both written notice and the insurance certificate) when there is a change in:

9 – Improper Conduct

10 – Management and other agreements after turnover

Developer Changes EFFECTIVE JAN 1, 2018

1 – Fees – Developers have to pay condominium fees on units in a building at the same rate as everyone else

2 – Interim board

3  – All purchase deposits must be held in trust by a lawyer

4 – Turn Over Meeting

5 – Longer List of Documents Developer has to Provide to the Board at that meeting (including resolutions and minutes of the interim board)

6 – Developer has to turn over all visitor and handicap  parking spaces to the corporation

7 – More Disclosure documents and Material Changes

8 – Occupancy Dates

9 – Budget

10 – Longer List of Documents that the Developer has to give the Board

11 – New Section on Director, Inspectors and Investigations

For further information, please contact:

John McDougall      Dionne Levesque      Kate Kozowyk

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