Extending the Limitation Period: When Does an Action Warrant Proceeding?
Field Law Blog
by Erin Berney
10M ago
Real estate developments can be an exciting business opportunity and new homes are much sought-after by purchasers, but when things go wrong with the build, issues can drag on for years. Maintaining an accurate record of who is responsible for what is key to resolving potential disputes, as one condo board found in the recent ..read more
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The Cost of Keeping Separate Suites
Field Law Blog
by Erin Berney
11M ago
Real estate purchases never seem to get less costly. It’s tempting to cut corners on a deal in an attempt to reduce other costs like realtor commissions and legal fees, but as one local condo owner recently learned, cutting those corners may be more costly in the end. Experienced and diligent real estate professionals can ..read more
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The Hidden Costs of De-Condominiumizing
Field Law Blog
by Erin Berney
11M ago
In a previous blog post, we discussed how a property’s condominium status can be terminated. We expect “de-condominiumizing” or terminating/dissolving condominium corporations to become a more common and attractive option for owners as buildings age and maintenance/repair costs increase. Real estate investors might also consider de-condominiumizing investment properties and conversion to rental apartment buildings. However ..read more
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Addressing Complaints and Mental Health Issues in Condominiums: Strategies for Board Members
Field Law Blog
by Erin Berney
1y ago
According to the Canadian Mental Health Association, 1 in 5 Canadians will experience a mental health issue or illness during their lifetime.  Roughly 2 million Canadians now live in condominiums, so most of these communities will inevitably face a situation involving a resident who is experiencing such issues. Condominium boards must therefore be prepared to ..read more
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Aging Condominiums: Repair or Terminate?
Field Law Blog
by Erin Berney
1y ago
Condominium properties have existed in Canada for more than 50 years. In fact, the first condominium property registered anywhere in Canada was in Edmonton, Alberta, in 1967. This is a townhouse-style property known as “Brentwood Village”, that still exists today. Despite this, condominiums remain a relatively new form of land ownership from a legislative standpoint ..read more
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What Happens if a Condominium Does not Enforce its Bylaws?
Field Law Blog
by Erin Berney
1y ago
Short Answer: The Bylaws may become unenforceable. Condominiums have a duty under the Condominium Property Act, RSA 2000 c C-22 to enforce their Bylaws and ensure compliance by all unit owners and occupants. But they must also ensure that such enforcement is done on a consistent basis and in a timely fashion, which means taking ..read more
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Cutting More Red Tape: Long-Awaited Clarity on Legal Costs, Voting for Condominiums
Field Law Blog
by Erin Berney
1y ago
UPDATE: On May 5, 2022, Bill 19 is now in Second Reading. (CORRECTION: On May 5 we advised Bill 19 had passed Third Reading, however on that day Bill 19 was adjourned in Second Reading on amendment, and we apologize for any confusion.) On Thursday, April 21, 2022, Service Alberta Minister Nate Glubish introduced Bill ..read more
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Delayed: Alberta Condominium Dispute Resolution Tribunal
Field Law Blog
by Erin Berney
1y ago
Field Law has just learned that the long-awaited creation of an Alberta Condominium Dispute Resolution Tribunal will not proceed this year as anticipated following the enactment of amendments to the Condominium Property Act and Regulations in January 2020. The Minister of Service Alberta recently delivered this new to industry stakeholders, including the Canadian Condominium Institute ..read more
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Ding Dong! Your Doorbell Camera Must Come Down
Field Law Blog
by Erin Berney
1y ago
The Court of Queen’s Bench of Alberta recently added to the growing case law on the issue of video surveillance in a decision called Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65. Following a break-in of her main floor unit through the patio doors, the unit owner, Lupuliak, installed a security camera on the ..read more
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Exemptions Announced for Condo Manager Licensing
Field Law Blog
by Erin Berney
1y ago
For the past few years, Alberta has been moving toward requiring condominium managers to obtain education and maintain provincial licenses. The Government of Alberta, through the Ministry of Service Alberta, selected the Real Estate Council of Alberta (RECA) to define and regulate a condominium management industry, separate and apart from other industries RECA oversees such ..read more
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