Enforcement of Sanctions: 14/06/23 The provided information pertains to the enforcement of sanctions by a condominium corporation. Here are the main points: Non-Compliance: If a person fails to comply with a sanction or fails to pay a monetary sanction imposed …Read more  »

Are you Winter Ready? As the days grow shorter and the temperature begins to drop, it's time to transform your home into a cozy, winter wonderland. Preparing your living space for the cold months ahead is not just about practicality; …Read more  »

Winter Deficiencies Alberta’s winters are beautiful but harsh. Cold weather significantly impacts multi-family residential buildings. Click here for some winter building deficiencies condo board members should watch out for!

Condominium Board of Directors in Alberta Here are the key points regarding the Board of Directors: Constitution of the Board: A corporation must have a board of directors as specified in its bylaws. Composition of the Board: At least two-thirds …Read more  »

AGM & SGM Requirements Here are the key points regarding annual general meetings and special general meetings: 14/06/23 Annual General Meetings: First Annual General Meeting: The board must convene the first annual general meeting no later than 12 months after …Read more  »

Pests and Rodents Preventing insects and rodents from entering condominiums is important to maintain a clean and healthy living environment. Here are some steps you can take to prevent their entry: Seal Entry Points: Inspect the exterior of the building …Read more  »

Lawn Maintenance Maintaining a healthy and vibrant lawn in Alberta's climate requires some specific care and attention. Here are some lawn care tips tailored for Alberta: Proper Watering: Water your lawn deeply and infrequently, preferably in the early morning or …Read more  »

Sewer Back-Ups Preventing sewer backups in condos is crucial to maintain a healthy and functional living environment. Here are some steps that can help prevent sewer backups: Regular Maintenance: Proper maintenance of the plumbing system is essential. Condo management should …Read more  »

Fresh Water System vs Heating System In a condominium, there can be separate considerations for the fresh water supply and the heating system. Here are some common problems associated with both aspects: 1. Fresh Water Supply: Insufficient Hot Water: This …Read more  »

Condominium Safety Condominiums, like any other residential living arrangement, require certain safety measures to ensure the well-being of the residents. Here are some important aspects of condominium safety to consider: Secure Entry: A condo building should have controlled access to …Read more  »

Condominium Freeze Ups Heat system freezing: Preventing heating system freeze-ups in condos is crucial to ensure continuous warmth and avoid damage to the heating system. Here are some tips to help prevent heating system freeze-ups: Maintain Adequate Heat: Keep your …Read more  »

Parkades Proper maintenance of parkades is essential to ensure their longevity, safety, and functionality. Here are some key maintenance tips for parkades: Regular Cleaning: Perform regular cleaning of the parkade to remove debris, dirt, and other contaminants. Pay attention to …Read more  »

Alberta Winters In Alberta, winter brings specific challenges to condominiums due to the cold climate. Here are some common winter issues that condominiums in Alberta may face: Frozen Pipes: Subfreezing temperatures can cause pipes to freeze, leading to water blockages …Read more  »

Are you Fall Ready? By preparing your home for fall, you'll create a retreat that celebrates the beauty of the season. Whether you're enjoying a cup of hot cider by the fireplace, hosting gatherings with loved ones, or simply relishing …Read more  »

Introduction to Radon Radon is a radioactive gas that arises from the natural decay of uranium in rocks and soil. It is a colorless, odorless, and tasteless gas. The Western Canadian Prairie provinces have been identified as having significant radon …Read more  »

Attic Rain Preventing attic rain, also known as attic condensation or attic moisture, is crucial to maintain a healthy and problem-free attic space. Here are some tips to help prevent attic rain: Ensure Proper Ventilation: Adequate ventilation is key to …Read more  »

In 2020, the City of Calgary introduced a requirement that people wanting to use their property as a short-term rental had to obtain a business licence from the City. On June 6, 2023, the City passed an amendment to the …Read more  »

The recent decision of the Alberta Human Rights Commission in Engel v The Owners: Condominium Corporation Plan No. 9023695 o/a Glenora Manor (“Glenora Manor”) serves as a cautionary tale for condo boards dealing with Owner requests, especially where Human Rights …Read more  »

On March 27, 2023, new amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Regulation came into force (the “Amendments”). These Amendments were announced by the Minister of Housing and Diversity and Inclusion and follow the much-discussed …Read more  »

On January 1, 2023, new federal legislation came into force that will have a significant impact on non-Canadians purchasing property in Canada. Otherwise known as the “Foreign Buyer Ban”, the Prohibition on the Purchase of Residential Property by Non-Canadians Act …Read more  »

For years there has been a question on the issue of Condominium’s collecting condo fees on a caveat that was filed more than two years prior to a foreclosure action filed to collect those fees. Did the caveat protect ALL …Read more  »

The Alberta Human Rights Commission decision of Susan Cush v Condominium Corporation No. 7510322 o/a Renfrew House recently confirmed the Human Rights Act and the Condominium Property Act obligations on condominium corporations, including their duty to accommodate. The Human Rights …Read more  »

Download the slides from Kate Kozowyk’s presentation to the Alberta Condominium & Real Estate Conference in September, 2022.Topics covered include:“Improper Conduct”CostsHighlights from Alberta Court Decisions in 2021/22Alberta Human Rights Tribunal and Recent RulingsBylaw violationsDownload the slide presentation here.

In June 2022, the Supreme Court of British Columbia ruled that a sewer backup insurance policy only applies to a flood originating from “within” a dwelling and not from a drain overflow on a sun deck partially exposed to the …Read more  »

Two recent cases emerging from Alberta and Manitoba have brought attention to the legal implications of smart camera and doorbell use in condominiums.The case from Alberta Court of Queen’s Bench, Lupuliak v Condominium Plan No. 8211689, 2022 ABQB 65 resulted …Read more  »

In a surprise announcement, the government of Alberta has confirmed that the establishment of a Tribunal to address condominium-related disputes will not proceed at this time. Citing reasons such as investment from government would be required and budget constraints, the …Read more  »

Ever since the Calgary Vaccine Passport Bylaw (“VPB”) came into effect on September 23, 2021 condominiums within the Calgary city limits have been working within a “grey area” where the question “does the VPB apply to us?” was never fully answered. The VPB itself …Read more  »

The Ontario Condominium Authority Tribunal decision in Robinson v. Durham Condominium Corporation No. 139, 2021 ONCAT 81, provides a caution to condominium corporations if they are providing incomplete or redacted meeting minutes to an owner upon request. The Alberta Condominium …Read more  »

The Real Estate Council of Alberta (RECA) has now put up an outline of the Residential Property Manager Industry Council's eligibility standards, licensing requirement and fee amendments in preparation for the December 1, 2021 date when condominium property managers will …Read more  »

Bill 53: the Service Alberta Statutes (Virtual Meetings) Amendment Act allows Condominium Corporations, Residents Associations and Home Owner’s Associations (as well as businesses, non-profits, societies and cooperatives) the option to meet and vote online, as opposed to in person. Bill 53 received …Read more  »

In the Ontario case of Halton Condominium Corp No 77 v Mitrovic, 2021 ONSC 2071 the Condominium Corporation (the “CC”) applied for an Order and permanent injunction requiring the Unit Owners, the Mitrovics, to wear masks in compliance with its Mask …Read more  »

Bill 37, The Builders’ Lien (Prompt Payment) Amendment Act, 2020 revitalizes and modernizes the Alberta’s Builders’ Lien Act renaming it the Prompt Payment and Construction Lien Act (the “Act”). The new Act prescribes timelines and mandatory rules for payments and liens in all construction industry sectors, including …Read more  »

You may recall the recent 2019 decision of OCP No. 7721985 v. Breakwell where an Alberta court held that the failure to have a furnace inspected following its installation and failing to regularly maintain it meant that the owner had …Read more  »

Due to the emergence of COVID-19 in mid-March of this year, the provincial government advised all Albertans to minimize that any non-essential trips outside of their homes and, at one point, banned any public gatherings of groups larger than 5 …Read more  »

Kunzler v The Owners, Strata Plan EPS 1433, 2020 BCSC 576 (“Kunzler”) is an notable recent case from British Columbia which addresses the ability of a strata corporation, a term used in BC which can include condominiums, townhouses and bare land …Read more  »

On June 3, 2020, major changes were announced to the Real Estate Act, the legislation that governs realtors, mortgage brokers, appraisers, and property managers in Alberta. The changes stem from a 2019 KMPG review which criticized RECA’s former counsel, following which …Read more  »