Interpretation of the Act: 14/06/2023

In the Condominium Property Act, the following definitions and interpretations apply:

1. “Bare land unit”: Refers to a unit defined in clause (y)(ii).
2. “Board”: Refers to the board of a corporation as provided for in section 28, including an interim board in all sections except 17(2), 17.1, 28, and 29.
3. “Building”: Refers to one or more buildings on the same parcel.
4. “Bylaws”: Refers to the bylaws of a corporation, including any amendments or substitutions.
5. “Common property”: Refers to the portion of the parcel that is not part of a unit shown in a condominium plan. It does not include land provided for roads, public utilities, and reserve land under the Municipal Government Act.
6. “Condominium plan”: Refers to a plan registered in a land titles office that complies with section 8, including any amendments, plans related to phased development (section 19), or plans related to redivision (section 20) that are registered.
7. “Contribution”: Refers to an amount levied under section 39.
8. “Conversion”: Refers to a condominium plan that illustrates an existing building previously occupied by a person other than a purchaser or someone marketing the units to be created by the plan.
9. “Conversion unit”: Refers to a unit in a conversion.
10. “Corporation”: Refers to a body incorporated under section 25.
11. “Court”: Refers to the Court of King’s Bench.
12. “Developer”: Refers to a person who sells or offers units or proposed units to the public, excluding previous arm’s length transactions.
13. “Director”: Refers to an individual designated by the Minister as the Director for the purposes of the Act and regulations.
14. “Electronic means”: Refers to attending or holding a meeting using electronic or telephonic communication platforms that allow instantaneous hearing and communication among all participants.
15. “General meeting”: Refers to an annual general meeting (section 30) or a special general meeting (section 30.1).
16. “Interim board”: Refers to the interim board of directors appointed under section 10.1.
17. “Land surveyor”: Refers to an Alberta land surveyor registered or permitted under the Land Surveyors Act.
18. “Landlord”: Refers to an owner of a rented unit, including a person acting on behalf of the owner.
19. “Managed property”: Refers to any unit or part of a unit that a corporation is obligated to maintain, repair, or replace, excluding the corporation’s real and personal property and common property.
20. “Management agreement”: Refers to an agreement governing the control, management, and administration of the corporation’s real and personal property, common property, and managed property.
21. “Minister”: Refers to the Minister responsible for the Act.
22. “Municipal authority”: Refers to a municipal authority defined in the Municipal Government Act or, in the case of a national park, the Minister of the Crown charged with the administration of the National Parks Act.
23. “Municipality”: Refers to the area of a city, town, village, municipal district, improvement district, special area, or national park.
24. “Ordinary resolution”: Refers to a resolution passed at a properly convened meeting by a majority of persons present or represented by proxy, or signed by a majority of all persons who would be entitled to vote, representing more than 50% of the total unit factors.
25. “Owner”: Refers to a person registered as the owner of the fee simple or leasehold estate in a unit.
26. “Parcel”: Refers to the land included in a condominium plan.
27. “Prescribed”: Refers to what is prescribed or provided for in the regulations.
28. “Professional engineer”: Refers to a professional engineer as defined in the Engineering and Geoscience Professions Act.
29. “Professional technologist”: Refers to a professional technologist as defined in section 86.4(m) of the Engineering and Geoscience Professions Act.
30. “Purchase agreement”: Refers to an agreement with a developer for the purchase or right to purchase a unit or proposed unit.
31. “Recorded mail”: Refers to a form of document delivery by mail or courier requiring written acknowledgment of receipt.
32. “Recreational agreement”: Refers to an agreement allowing non-owners to use recreational facilities on the common property or owners to use recreational facilities off the common property.
33. “Registered architect”: Refers to a registered architect as defined in the Architects Act.
34. “Residential unit”: Refers to a unit used or intended to be used for residential purposes, whether within a building or as a bare land unit.
35. “Special resolution”: Refers to a resolution passed at a properly convened meeting, or agreed upon in writing, by at least 75% of the persons entitled to vote, representing at least 75% of the total unit factors.
36. “Unit”: Refers to a space within a building or land within a parcel, as described in a condominium plan.
37. “Unit factor”: Refers to the specified or apportioned unit factor for a unit, as determined by section 8(1)(j) or 20(6), respectively.

Additionally, an “arm’s length transaction” or a transaction “being at arm’s length” refers to a transaction conducted in an open market between willing parties negotiating in their own self-interest. The consideration paid in such a transaction is competitive and reasonable considering open market conditions.