CONDOMINIUM PROPERTY ACT - Alberta

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Province of AlbertaCONDOMINIUM PROPERTY ACTRevised Statutes of Alberta 2000Chapter C-22Current as of March 26, 2021Office Consolidation Published by Alberta Queen’s PrinterAlberta Queen’s PrinterSuite 700, Park Plaza10611 - 98 AvenueEdmonton, AB T5K 2P7Phone: 780-427-4952Fax: 780-452-0668E-mail: qp@gov.ab.caShop on-line at www.qp.alberta.ca

Copyright and Permission StatementAlberta Queen's Printer holds copyright on behalf of the Government of Albertain right of Her Majesty the Queen for all Government of Alberta legislation.Alberta Queen's Printer permits any person to reproduce Alberta’s statutes andregulations without seeking permission and without charge, provided duediligence is exercised to ensure the accuracy of the materials produced, andCrown copyright is acknowledged in the following format: Alberta Queen's Printer, 20 .**The year of first publication of the legal materials is to be completed.NoteAll persons making use of this consolidation are reminded that it has nolegislative sanction, that amendments have been embodied for convenience ofreference only. The official Statutes and Regulations should be consulted for allpurposes of interpreting and applying the law.Amendments Not in ForceThis consolidation incorporates only those amendments in force on theconsolidation date shown on the cover. It does not include the followingamendments:2020 c30 s28 amends s78(1).2014 c10 s2(a)(xiv) and (b) amends s1; s27(a) (2015 c12 s8 - effective January 1,2019) amends s36; s46 amends s69; s47 adds ss69.1 to 69.9; s58 amendsss26(6)(b) and 28.1(1)(c).RegulationsThe following is a list of the regulations made under the Condominium PropertyAct that are filed as Alberta Regulations under the Regulations ActAlta. Reg.AmendmentsCondominium Property ActCondominium Property .168/2000 . 23/2001, 354/2003,108/2004, 221/2004,151/2006, 103/2011,139/2016, 181/2017,148/2018, 256/2018,81/2019, 154/2019,85/2020

CONDOMINIUM PROPERTY ACTChapter C-22Table of Contents1234567InterpretationMunicipal Government Act appliesPlan of subdivisionSubdivision of buildings into unitsCertificate of title for unitCertificate to show share in common propertyLiability of ownerCondominium Plans8910Requirements of condominium planBoundaries of condominium unitsCertificates to accompany condominium planDuties of a 6.1Appointment of interim boardDeveloper’s obligation to apply forcertificates, approval and permitsPayment of contributionsFair dealingSale of units by developersDeveloper to provide occupancy permitRequirements of purchase agreementRescission of purchase agreementMaterial change before purchaser takes possessionAct prevailsPayments held in trustExemptionSecurity depositDocuments required1

CONDOMINIUM PROPERTY ACTRSA 2000Chapter C-22Termination of Agreements1717.1Developer’s management agreementsOther agreementsReturn of Corporation Property17.2Return of corporation propertyAmendment of Condominium Plans18AmendmentsPhased Development19Development of units in phasesModification of Condominium Plans20Redivision of unitConversions20.12121.1Application of sectionsConversion to condominium unitsPreparation of building assessment report for conversionEasements22232424.1Easements in favour of ownerEasements against ownerImplied easements and restrictionsRight of entryCondominium Corporation25Condominium corporationVoting Rights2627Voting rightsVoting where owner incapableBoard of a Corporation2828.128.2Board of directorsRemoval or vacating of office of amember of the boardExercise of powers and duties by boardsMeetings of the Corporation29Convening of meeting to elect first board2

CONDOMINIUM PROPERTY ACT3030.130.230.3Annual general meetingsSpecial general meetingsFailure to give noticeNotice of meetings to mortgageesMeetings of Board or Corporation31Manner and l bylawsApplication of initial bylaws to pre-existing corporationsConflict with bylawsSanctions for failure to comply with bylawsRestriction on monetary sanctionsEnforcement of sanctionsPowers and Duties of 4.245Control and managementReserve fundOperating accountContributionsSpecial levyPayment and enforcement of contributionsInterest on outstanding accountsRecovery of costsInvestmentsTrust moneyEstoppel certificateInformation and documents on requestFees for information or documentsRetention of documentsInspection of records by mortgageeInsurance4748InsuranceNotification of insurance coverage changesDispositions of Real Property of the Corporationor Common Property4950Disposition of common propertyExclusive possession areas3RSA 2000Chapter C-22

CONDOMINIUM PROPERTY ACT5152Covenants benefiting parcelProcedure for granting restrictive covenantsRental of Units535455, 5657Rental of unitsNotice to give up possessionApplication for order to give up possessionResidential Tenancies ActAdministration of Corporation58Appointment of administratorDamage to Building59Settlement scheme for damage to buildingTermination of Condominium60616263Termination of condominiumApplication for termination of condominiumEffect of termination of condominiumSale of propertyDissolution of Corporation64Dissolution of corporationAssessment and Taxation65Liability of 78Petition to CourtCourt ordered remedyVariation of orderAlternate dispute resolutionRight of entryServiceService on ownerService of noticesChange of address for serviceDower ActCivil Enforcement ActWrit of enforcementBuilders’ Lien Act4RSA 2000Chapter C-22

CONDOMINIUM PROPERTY ACTInspections and Investigations78.0178.02Appointment and identification of inspectorInspection and per’s undertakingsChange in undertaking by DirectorChange in undertaking by CourtEffect of varying or cancelling an undertakingDirector’s Orders78.278.21Director’s ordersEnforcement of Director’s ordersAdministrative Penalties78.378.3178.3278.33Notice of administrative penaltyRight to make representationsNo offence where administrative penalty paidEnforceability of notice of administrative penaltyCourt Actions by the Director78.478.4178.4278.43Court actions by the DirectorDirector’s claim for restitutionAdvertisement of judicial decisionPublic recordAppeals78.578.5178.52AppealEffect of appealAppeal to CourtOffences and ces and penaltiesLiability of directors and officersVicarious liabilityTime limit for prosecutionGovernment’s costsPublication of prosecution informationEvidenceCopiesProtection from liabilityApplication of Act5RSA 2000Chapter C-22

Section 181CONDOMINIUM PROPERTY ACTRSA 2000Chapter C-22RegulationsHER MAJESTY, by and with the advice and consent of theLegislative Assembly of Alberta, enacts as follows:Interpretation1(1) In this Act,(a) repealed 2014 c10 s2;(b) “bare land unit” means a unit defined in clause (y)(ii);(c) “board” means the board of a corporation as provided for insection 28 and, except in sections 17(2), 17.1, 28 and 29,includes an interim board;(d) “building” means one or more buildings on the same parcel;(e) “bylaws” means the bylaws of a corporation as amendedfrom time to time and includes any bylaws passed insubstitution for them;(f) “common property” means so much of the parcel as is notcomprised in a unit shown in a condominium plan, but doesnot include land shown on the condominium plan that hasbeen provided for the purposes of roads, public utilities andreserve land under Part 17 of the Municipal Government Act;(g) “condominium plan” means a plan registered in a land titlesoffice that complies with section 8 and includes anyamendment to a condominium plan referred to in section 18or 20, any plan or condominium plan, as the case may be,relating to development in phases referred to in section 19or any plan or condominium plan, as the case may be,relating to redivision referred to in section 20 that isregistered in the land titles office;(g.1) “contribution” means an amount levied under section 39;(g.2) “conversion” means a condominium plan in which isillustrated an existing building that, at any time before theregistration of the condominium plan, was occupied inwhole or in part by any person, including a tenant, otherthan(i) a purchaser of a unit to be created by the registration ofthe condominium plan, or6

Section 1CONDOMINIUM PROPERTY ACTRSA 2000Chapter C-22(ii) a person occupying the building or any part of it for thesole purpose of marketing the units to be created by theregistration of the condominium plan;(g.3) “conversion unit” means a unit in a conversion;(h) “corporation” means a body incorporated by section 25;(i) “Court” means the Court of Queen’s Bench;(j) “developer” means a person who, alone or in conjunctionwith other persons, sells or offers for sale to the public unitsor proposed units that have not previously been sold to thepublic by means of an arm’s length transaction;(j.1) “Director” means an individual designated by the Ministeras the Director for the purposes of this Act and theregulations;(j.2) “electronic means”, in respect of attending or holding ameeting, means a method of electronic or telephoniccommunication that enables all persons attending themeeting to hear and communicate with each otherinstantaneously, including, without limitation,teleconferencing and computer network-based or internetbased communication platforms;(k) repealed 2014 c10 s2;(k.1) “general meeting” means an annual general meeting referredto in section 30 and a special general meeting referred to insection 30.1; (k.2) “interim board” means the interim board of directorsappointed under section 10.1;(l) “land surveyor” means an Alberta land surveyor registered,or the holder of a permit issued, under the Land SurveyorsAct;(m) “landlord” means an owner of a unit that is being rented andincludes a person acting on behalf of the owner;(m.1) “managed property” means any unit or part of a unit that acorporation is required by bylaw to maintain, repair orreplace, other than the real and personal property of thecorporation and the common property;7

Section 1CONDOMINIUM PROPERTY ACTRSA 2000Chapter C-22(n) “management agreement” means an agreement entered intoby a corporation governing the general control, managementand administration of(i) the real and personal property of the corporation,(ii) the common property, and(iii) managed property;(o) “Minister” means the Minister determined under section 16of the Government Organization Act as the Ministerresponsible for this Act;(p) “municipal authority” means(i) a municipal authority as defined in the MunicipalGovernment Act, or(ii) in the case of a national park other than a town within anational park to which subclause (i) applies, the Ministerof the Crown in right of Canada charged with theadministration of the National Parks Act (Canada);(q) “municipality” means the area of a city, town, village,municipal district, improvement district, special area ornational park;(r) “ordinary resolution” means a resolution(i) passed at a properly convened meeting of a corporationby a majority of all the persons present or represented byproxy at the meeting entitled to exercise the powers ofvoting conferred by this Act or the bylaws, or(ii) signed by a majority of all the persons who, at a properlyconvened meeting of a corporation, would be entitled toexercise the powers of voting conferred by this Act orthe bylaws and representing more than 50% of the totalunit factors for all the units;(s) “owner” means a person who is registered as the owner of(i) the fee simple estate in a unit, or(ii) the leasehold estate in a unit when the parcel on whichthe unit is located is held under a lease and a certificateof title has been issued under section 5(1)(b) in respectof that lease;8

Section 1CONDOMINIUM PROPERTY ACTRSA 2000Chapter C-22(t) “parcel” means the land comprised in a condominium plan;(t.1) “prescribed” means prescribed or otherwise provided for inthe regulations;(t.2) “professional engineer” means a professional engineer asdefined in the Engineering and Geoscience Professions Act;(t.3) “professional technologist” means a professionaltechnologist as defined in section 86.4(m) of theEngineering and Geoscience Professions Act;(u) “purchase agreement” means an agreement with a developerwhereby a person purchases a unit or proposed unit oracquires a right to purchase a unit or proposed unit;(u.1) “recorded mail” means a form of document delivery by mailor courier in which receipt of the document must beacknowledged in writing;(v) “recreational agreement” means an agreement entered intoby a corporation that allows(i) persons, other than the owners, to use recreationalfacilities located on the common property, or(ii) the owners to use recreational facilities not located onthe common property;(v.1) “registered architect” means a registered architect as definedin the Architects Act;(w) “residential unit” means(i) in the case of a unit that is situated within a building, aunit that is used or intended to be used for residentialpurposes, and(ii) in the case of a bare land unit, a unit that is used orintended to be used for residential purposes or that hasbeen represented by a developer as being intended to beused for residential purposes;(x) “special resolution” means a resolution(i) passed at a properly convened meeting of a corporationby a majority of not less than 75% of all the personsentitled to exercise the powers of voting conferred bythis Act or the bylaws and representing not less than75% of the total unit factors for all the units, or9

Section 2CONDOMINIUM PROPERTY ACTRSA 2000Chapter C-22(ii) agreed to in writing by not less than 75% of all thepersons who, at a properly convened meeting of acorporation, would be entitled to exercise the powers ofvoting conferred by this Act or the bylaws andrepresenting not less than 75% of the total unit factorsfor all the units;(y) “unit” means(i) in the case of a building, a space that is situated within abuilding and described as a unit in a condominium planby reference to floors, walls and ceilings within thebuilding, and(ii) in the case other than that of a building, land that issituated within a parcel and described as a unit in acondominium plan by reference to boundaries governedby monuments placed pursuant to the provisions of theSurveys Act respecting subdivision surveys;(z) “unit factor” means the unit factor for a unit as specified orapportioned in accordance with section 8(1)(j) or 20(6), asthe case may be.(2) In this Act a reference to an arm’s length transaction or to atransaction being at arm’s length is a reference to a transaction thatis conducted in an open market between willing parties to thetransaction negotiating in their own respective self interest wherethe consideration paid is competitive and not unreasonable havingregard to open market conditions.(3) Other expressions used in this Act and not defined insubsection (1) have the same meanings as may be assigned to themin the Land Titles Act.RSA 2000 cC-22 s1;2011 c3 s33;2014 c10 s2;2021 c3 s3Municipal Government Act applies2(1) Part 17 of the Municipal Government Act applies to anybuilding or land that is subject to a condominium plan or aproposed condominium plan or in respect of which a condominiumplan is terminated.(2) Notwithstanding subsection (1), the provisions of Part 17 of theMunicipal Government Act relating to the subdivision of land donot apply to the division of a building under a condominium plan if(a) the surface boundaries of the parcel as defined in this Act onwhich that building is located correspond to the boundaries10

Section 3RSA 2000Chapter C-22CONDOMINIUM PROPERTY ACTof a parcel of land as defined in Part 17 of the MunicipalGovernment Act, and(b) each building located on the parcel that contains a unitcontains 2 or more units.1983 c71 s3;1995 c24 s100Plan of subdivision3 For the purposes of Part 17 of the Municipal Government Actand the Land Titles Act, a condominium plan is a plan ofsubdivision.1983 c71 s3;1995 c24 s100Subdivision of buildings into units4(1) A building or land may be designated as a unit or part of aunit or divided into 2 or more units by the registration of acondominium plan under this Act.(2) The Registrar shall not register a condominium plan unless thatcondominium plan describes 2 or more units in it.(3) For the purposes of the Land Titles Act, a condominium plan isdeemed on registration to be embodied in the register.(4) This Act applies only with respect to land held in fee simple,excepting from the fee simple all mines and minerals.(5) Notwithstanding subsection (4), if land is held under lease anda certificate of title has been issued under the Land Titles Act inrespect of the lease, this Act applies to the land described in thecertificate of title, excepting from that title all mines and minerals.RSA 1980 cC-22 s2;1983 c71 s4Certificate of title for unit5(1) On registering a condominium plan, the Registrar(a) shall cancel the certificate of title to the parcel described inthe plan, except as to any mines and minerals comprised init, and(b) shall issue a separate certificate of title for each unitdescribed in the plan,and any interests affecting the parcel that are noted on thecertificate of title cancelled under clause (a) shall be endorsed onthe certificates of title issued under clause (b).(2) No more than one unit may be included in one certificate oftitle and no other land, except the owner’s share in the common11

Section 6CONDOMINIUM PROPERTY ACTRSA 2000Chapter C-22property, may be included in the same certificate of title with aunit.(3) After a certificate of title to a unit is issued pursuant tosubsection (1), the unit comprised in it may devolve or betransferred, leased, mortgaged or otherwise dealt with in the samemanner and form as land held under the Land Titles Act and theprovisions of that Act apply to those dealings insofar as they do notconflict with this Act or the regulations.RSA 1980 cC-22 s3Certificate to show share in common property6(1) The Registrar, in issuing a certificate of title for a unit, shallcertify on it the owner’s share in the common property.(2) The common property comprised in a registered condominiumplan is held by the owners of all the units as tenants in common inshares proportional to the unit factors for their respective units.(3) Except as provided in this Act, a share in the common propertyshall not be disposed of or become subject to a charge except asappurtenant to the unit of an owner and a disposition of or chargeon a unit operates to dispose of or charge that share in the commonproperty without express reference to it.RSA 1980 cC-22 s4Liability of owner7 Except to the extent that an interest endorsed on a certificate oftitle relates to that particular unit, the owner of the unit is onlyliable in respect of that interest in proportion to the unit factor forthe owner’s unit.RSA 1980 cC-22 s5Condominium PlansRequirements of condominium plan8(1) Every plan presented for registration as a condominium planshall(a) be described in the heading of the plan as a condominiumplan,(b) delineate the external surface boundaries of the parcel andthe location of the building, if any, in relation to them,(c) except where the condominium plan is to divide a buildingreferred to in section 2(2), delineate that portion of the landthat is to be provided for the purposes of roads, publicutilities and reserve land under Part 17 of the MunicipalGovernment Act,12

Section 8CONDOMINIUM PROPERTY ACTRSA 2000Chapter C-22(d) bear a statement containing those particulars as may benecessary to identify the title to the parcel,(e) include a drawing illustrating the units and distinguishingthe units by numbers or other symbols,(f) define the boundaries of each

14 Payments held in trust 15 Exemption 16 Security deposit 16.1 Documents required . RSA 2000 Chapter C-22 CONDOMINIUM PROPERTY ACT 2 Termination of Agreements . Section 1 Chapter C-22 CONDOMINIUM PROPERTY ACT 7 (ii)

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