Condominium Property Act

Condominium Property Amendment Act

Overview

There is a need for clear and modern legislation to support responsible self-governance of vibrant condominium communities and to protect owners of condominiums.

The Condominium Property Amendment Act (CPAA) was passed by the Alberta Legislature in December 2014. However, the regulatory work required to bring more than 50 amendments into force is ongoing. It’s important to get this legislation right for the hundreds of thousands of current and future Alberta condo owners.

On October 12, government announced the first stage of changes that will better protect Albertans when buying a condo including:

  • More information is disclosed to buyers at the time of purchase, such as a proposed budget and a date that the condominium will be provided to the buyer.
  • Remedies are in place if the occupancy date is delayed or if changes that negatively affect the value of the condo were made during construction.
  • Purchasers’ deposits are better protected by requiring developers hold these funds in trust with a lawyer.
  • Government can inspect condo developers to make sure they are handling trust money properly and giving buyers the proper disclosure.
  • New penalties are in place for developers who do not follow the rules.

The first stage also works to improve condo life for owners and boards by making improvements that include:

  • Mandating key information about the condo property is handed over from the developer to the first condo board after it has been elected by owners.
  • The amendments will protect owners by creating an increased standard of care for board members.
  • Allow for the removal of board members by owners through a vote.
  • Empower owners by allowing them to call for special general meetings.

Changes affecting condominium boards and corporations will come into force on January 1, 2018.

The enhanced disclosure rules and remedies will apply to sales agreements signed on or after April 1, 2018. This transition period will ensure that developers have sufficient time to understand and adopt the new rules for sales.

Public Consultation

We recently held open houses in Edmonton, Calgary, Red Deer, Lethbridge and Fort McMurray to talk to Albertans about condominium rules. We used feedback from those open houses to develop an online survey to further inform future changes. Albertans who are involved in the condominium sector—from owners and residents, to condo boards, managers and developers—were invited to provide input.

The next stage of updates to this act will address how condo boards govern themselves, including insurance requirements, voting procedures, and reserve fund plans. We have consulted with condominium stakeholders about those changes, and recently conducted an online survey with the public. See condo.alberta.ca for more details.

The third stage will establish a condominium dispute tribunal that is intended to be an affordable and efficient forum to resolve condo disputes between condo boards, owners, occupants, and other interested parties. Once available, it will provide a lower-cost alternative to the courts for condo owners. This stage will include the determination of the tribunal’s jurisdiction and structure.

Finally, condominium managers in Alberta will be licensed and regulated by the Real Estate Council of Alberta. For more information about the project to establish licensing for Alberta’s condominium management industry, please visit RECA's Condominium Manager Regulation.

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Albertans will have multiple opportunities to understand the context for the proposed condominium regulations, the potential policy options, and the implications for condominium unit owners, corporations, and other stakeholders. All input will inform the development of governance and insurance regulations, as well as separate recommendations about the establishment of a dispute resolution tribunal. Due to the complexity and scope of the amendments, a staged implementation planned.

Feedback forms

This phase of the engagement will focus on 7 topic areas. Review the background documents and complete the feedback forms at the end.

For more information about included topics, please read our full news release. Completed forms can be submitted by mail or email to condoreview@gov.ab.ca.

Outcomes

The outcomes of engagement will support the development of modern fair laws for condominium owners, developers, condominium managers, condominium corporations and others.

Additional resources

  • Click here for additional details on the Condominium Property Amendment Act.
  • Click here to download the Condominium Property Amendment Act.
  • Click here for the News Release announcing our consultation (July 20, 2017).
  • Click here for the 2017 Condominium Developer Infosheet.
  • Click here to go to the webinar hosted by Service Alberta for condominium developers and lawyers on November 17, 2017 (link goes to YouTube)

Contact

condoreview@gov.ab.ca

Condominium Project Team
Service Alberta
3 Floor, 10155 - 102 Street
Edmonton, AB  T5J 4L4

Subscribe for updates by email

If you would like to receive updates on our progress, and learn about opportunities to share your views, you can email us directly at condoreview@gov.ab.ca, or fill out the fields below and click 'Submit'. Thank you.

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