Act prevails 14 Payments held in trust 15 Exemption RSA 2000 (RSA 2000 cC-22)

RSA 2000 cC-22

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter C-22 Current as of May 14, 2026 CONDOMINIUM PROPERTY ACT

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2024 c20 s1 amends ss10.1(1) and (2), 28, 32(4)(

a) and (

b) and 36(6); repeals and substitutes s42; amends ss73 and 81(g.1). 2025 cP-25.5 s235 amends s1(1).

Regulations The following is a list of the regulations made under the Condominium Property Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Condominium Property Act Condominium Dispute Resolution Tribunal .................................................... 22/2026 ........... 34/2026 Condominium 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, 138/2021, NOTE: AR 214/2025 s7 comes into force 218/2022, 103/2024, on the coming into force of s45(17) of the 125/2024, 199/2025, Health Statutes Amendment Act, 2025 213/2025, 214/2025, NOTE: AR 34/2026 amends 23/2026 23/2026 (34/2026)

1 CONDOMINIUM PROPERTY ACT

Chapter C-22 Table of Contents

Interpretation and Application 1

Interpretation 2 Municipal Government Act applies Subdivision and Certificate of Title 3 Plan of subdivision 4 Subdivision of buildings into units 5 Certificate of title for unit 6 Certificate to show share in common property 7 Liability of owner Condominium Plans 8 Requirements of condominium plan 9 Boundaries of condominium units 10 Certificates to accompany condominium plan Duties of a Developer 10.1 Appointment of interim board 10.11 Convening of meeting to elect interim board member 10.2 Developer’s obligation to apply for certificates, approval and permits 10.3 Payment of contributions 11 Fair dealing 12 Sale of units by developers 12.1 Developer to prov ide occupancy permit 12.2 Requirements of purchase agreement 13 Rescission of purchase agreement 13.1 Material change before purchaser takes possession 13.2 Act prevails 14 Payments held in trust 15 Exemption

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Chapter C-22 CONDOMINIUM PROPERTY ACT 2 16 Security deposit 16.1 Documents required Termination of Agreements 17 Developer’s management agreements 17.1 Other agreements Return of Corporation Property 17.2 Return of corporation property Amendment of Condominium Plans 18 Amendments Phased Development 19 Development of units in phases Modification of Condominium Plans 20 Redivision of unit Conversions and Technical Analysis 20.1 Application of sections 21 Conversion to condominium units 21.1 Preparation of converted property study 21.2 Preparation of technical analysis Easements 22 Easements in favour of owner 23 Easements against owner 24 Implied easements and restrictions 24.1 Right of entry Condominium Corporation 25 Condominium corporation Voting Rights 26 Voting rights 27 Voting where owner incapable Board of a Corporation 28 Board of directors 28.1 Removal or vacating of office of a member of the board 28.2 Exercise of powers and duties by boards

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Chapter C-22 CONDOMINIUM PROPERTY ACT 3 28.3 Education requirements for board members Meetings of the Corporation 29 Convening of meeting to elect first board 30 Annual general meetings 30.1 Special general meetings 30.2 Failure to give notice 30.3 Notice of meetings to mortgagees Meetings of Board or Corporation 31 Manner and venue Bylaws 32 Bylaws 32.1 Rules 33 Initial bylaws 34 Application of initial bylaws to pre-existing corporations 34.1 Conflict with bylaws 35 Sanctions for failure to comply with bylaws 35.1 Restriction on monetary sanctions 36 Enforcement of sanctions Powers and Duties of Corporation 37 Control and management 38 Reserve fund 38.1 Operating account 39 Contributions 39.01 Chargebacks 39.1 Special levy 39.2 Payment and enforcement of contributions 40 Interest on outstanding accounts 42 Recovery of costs 43 Investments 43.1 Trust money 43.2 Estoppel certificate 44 Information and documents on request 44.1 Fees for information or documents 44.2 Retention of documents 45 Inspection of records by mortgagee Insurance 47 Insurance 48 Notification of insurance coverage changes

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Chapter C-22 CONDOMINIUM PROPERTY ACT 4 Dispositions of Real Property of the Corporation or Common Property 49 Disposition of common property 50 Exclusive possession areas 51 Covenants benefiting parcel 52 Procedure for granting restrictive covenants Rental of Units 53 Rental of units 54 Notice to give up possession 55,56 Application for order to give up possession 57 Residential Tenancies Act Administration of Corporation 58 Appointment of administrator Damage to Building 59 Settlement scheme for damage to building Termination of Condominium 60 Termination of condominium 61 Termination by Court application 62 Transfer by corporation 63 Effect of termination of condominium Dissolution of Corporation 64 Dissolution of corporation Liability of Corporation 65 Liability of corporation Application to Court 66 Petition to Court 67 Court ordered remedy 68 Variation of order Condominium Dispute Resolution Tribunal 68.1

Definitions 68.2 Establishment of Tribunal 68.3 Jurisdiction of Tribunal 68.4 Application to Tribunal 68.5 Proceedings

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Chapter C-22 CONDOMINIUM PROPERTY ACT 5 68.51 Costs 68.6 Binding nature of Tribunal’s decision 68.7 Judicial review 68.8 Appeal 68.9 Fees payable by corporations Miscellaneous 69 Alternate dispute resolution 69.1 Collection of information 70 Right of entry 71 Service 71.1 Service on owner 72 Service of notices 73 Change of address for service 75 Dower Act 76 Civil Enforcement Act 77 Writ of enforcement 78 Prompt Payment and Construction Lien Act 78.001 Appointment of Director Inspections and Investigations 78.01 Appointment and identification of inspector 78.02 Inspection and investigation Undertakings 78.1 Developer’s undertakings 78.11 Change in undertaking by Director 78.12 Change in undertaking by Court 78.13 Effect of varying or cancelling an undertaking Director’s Orders 78.2 Director’s orders 78.21 Enforcement of Director’s orders Administrative Penalties 78.3 Notice of administrative penalty 78.31 Right to make representations 78.32 No offence where administrative penalty paid 78.33 Enforceability of notice of administrative penalty Court Actions by the Director 78.4 Court actions by the Director 78.41 Director’s claim for restitution

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Section 1

Chapter C-22 CONDOMINIUM PROPERTY ACT 6 78.42 Advertisement of judicial decision 78.43 Public record Appeals 78.5 Appeal 78.51 Effect of appeal 78.52 Appeal to Court Offences and Penalties 79 Offences and penalties 79.1 Liability of directors and officers 79.2 Vicarious liability 79.3 Time limit for prosecution 79.4 Government’s costs 79.5 Publication of prosecution information 79.6 Evidence 79.7 Copies 79.8 Protection from liability 80 Application of Act 81 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation and Application

Interpretation 1(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 in

section 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 amended from time to time and includes any bylaws passed in substitution for them; (f) “common property” means so much of the parcel as is not comprised in a unit shown in a condominium plan, but does not include land shown on the condominium plan that has

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Section 1

Chapter C-22 CONDOMINIUM PROPERTY ACT 7 been provided for the purposes of roads, public utilities and reserve land under

Part 17 of the Municipal Government Act; (g) “condominium plan” means a plan registered in a land titles office that complies with

section 8 and includes any amendment to a condominium plan referred to in

section 18 or 20, any plan or condominium plan, as the case may be, relating to development in phases referred to in

section 19 or any plan or condominium plan, as the case may be, relating to redivision referred to in

section 20 that is registered in the land titles office; (g.1) “contribution” means an amount levied under

section 39; (g.2) “conversion” means a condominium plan in which is illustrated an existing building that, at any time before the registration of the condominium plan, was occupied in whole or in part by any person, including a tenant, other than (

i) a purchaser of a unit to be created by the registration of the condominium plan, or (ii) a person occupying the building or any part of it for the sole purpose of marketing the units to be created by the registration 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 King’s Bench; (j) “developer” means a person who, alone or in conjunction with other persons, sells or offers for sale to the public units or proposed units that have not previously been sold to the public by means of an arm’s length transaction; (j.1) “Director” means the indivi dual appointed by the Minister as the Director under

section 78.001; (j.2) “electronic means”, in resp ect of attending or holding a meeting, means a method of electronic or telephonic communication that enables all persons attending the meeting to hear and communicate with each other instantaneously, including, without limitation, teleconferencing and computer network-based or internet- based communication platforms; (

k) repealed 2014 c10 s2;

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Section 1

Chapter C-22 CONDOMINIUM PROPERTY ACT 8 (k.1) “general meeting” means an annual general meeting referred to in

section 30 and a special general meeting referred to in

section 30.1; ` (k.2) “interim board” means th e interim board of directors appointed under

section 10.1; (l) “land surveyor” means an Al berta land surveyor registered, or the holder of a permit issued, under the Land Surveyors Act; (m) “landlord” means an owner of a unit that is being rented and includes a person acting on behalf of the owner; (m.1) “managed property” means an y unit or part of a unit that a corporation is required by bylaw to maintain, repair or replace, other than the real and personal property of the corporation and the common property; (n) “management agreement” me ans an agreement entered into by a corporation governing the general control, management and administration of (

i) the real and personal pr operty of the corporation, (ii) the common property, and (iii) managed property; (o) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (p) “municipal authority” means (

i) a municipal authority as defined in the Municipal Government Act, or (ii) in the case of a national park other than a town within a national park to which subclause (

i) applies, the Minister of the Crown in right of Canada charged with the administration of the National Parks Act (Canada); (q) “municipality” means the area of a city, town, village, municipal district, improvement district, special area or national park; (r) “ordinary resolution” means a resolution

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Section 1

Chapter C-22 CONDOMINIUM PROPERTY ACT 9 (

i) passed at a properly conv ened meeting of a corporation by a majority of all the persons present or represented by proxy at the meeting entitled to exercise the powers of voting conferred by this Act or the bylaws, or (ii) signed by a majority of a ll the persons who, at a properly convened meeting of a corporation, would be entitled to exercise the powers of voting conferred by this Act or the bylaws and representing more than 50% of the total unit 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 which the unit is located is held under a lease and a certificate of title has been issued under

section 5(1)(

b) in respect of that lease; (t) “parcel” means the land comprised in a condominium plan; (t.1) “prescribed” means prescribed or otherwise provided for in the regulations; (t.2) “professional engineer” me ans a professional engineer as defined in the Engineering and Geoscience Professions Act; (t.3) “professional techno logist” means a professional technologist as defined in

section 86.4(

m) of the Engineering and Geoscience Professions Act; (u) “purchase agreement” means an agreement with a developer whereby a person purchases a unit or proposed unit or acquires a right to purchase a unit or proposed unit; (u.1) “recorded mail” means a fo rm of document delivery by mail or courier in which receipt of the document must be acknowledged in writing; (v) “recreational agreement” me ans an agreement entered into by a corporation that allows (

i) persons, other than the owners, to use recreational facilities located on the common property, or (ii) the owners to use recreational facilities not located on the common property;

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Section 1

Chapter C-22 CONDOMINIUM PROPERTY ACT 10 (v.1) “registered architect” means a registered architect as defined in the Architects Act; (v.2) “Registrar” means the Registrar of Titles appointed under the Land Titles Act; (w) “residential unit” means (

i) in the case of a unit that is situated within a building, a unit that is used or intended to be used for residential purposes, and (ii) in the case of a bare land unit, a unit that is used or intended to be used for residential purposes or that has been represented by a developer as being intended to be used for residential purposes; (x) “special resolution” means a resolution (

i) passed at a properly conv ened meeting of a corporation by a majority of not less than 75% of all the persons entitled to exercise the powers of voting conferred by this Act or the bylaws and representing not less than 75% of the total unit factors for all the units, or (ii) agreed to in writing by not less than 75% of all the persons who, at a properly convened meeting of a corporation, would be entitled to exercise the powers of voting conferred by this Act or the bylaws and representing not less than 75% of the total unit factors for all the units; (x.1) “Tribunal” means the Condominium Dispute Resolution Tribunal established under

section 68.2; (y) “unit” means (

i) in the case of a building, a space that is situated within a building and described as a unit in a condominium plan by reference to floors, walls and ceilings within the building, and (ii) in the case other than that of a building, land that is situated within a parcel and described as a unit in a condominium plan by reference to boundaries governed by monuments placed pursuant to the provisions of the Surveys Act respecting subdivision surveys;

RSA 2000

Section 2

Chapter C-22 CONDOMINIUM PROPERTY ACT 11 (z) “unit factor” means the unit fa ctor for a unit as specified or apportioned in accordance with

section 8(1)(j), 20(6) or 26(1.3), as the case may be.

(2) In this Act a reference to an arm’s length transaction or to a transaction being at arm’s length is a reference to a transaction that is conducted in an open market between willing parties to the transaction negotiating in their own respective self interest where the consideration paid is competitive and not unreasonable having regard to open market conditions.

(3) Other expressions used in this Act and not defined in subsection (1) have the same meanings as may be assigned to them in the Land Titles Act. RSA 2000 cC-22 s1;2011 c3 s33;2014 c10 s2; 2021 c3 s3;AR 217/2022;2024 c20 s1(3) Municipal Government Act applies 2(1)

Part 17 of the Municipal Government Act applies to any building or land that is subject to a condominium plan or a proposed condominium plan or in respect of which a condominium plan is terminated.

(2) Notwithstanding subsection (1), the provisions of

Part 17 of the Municipal Government Act relating to the subdivision of land do not apply to the division of a building under a condominium plan if (

a) the surface boundaries of the pa rcel as defined in this Act on which that building is located correspond to the boundaries of a parcel of land as defined in

Part 17 of the Municipal Government Act, and (

b) each building located on th e parcel that contains a unit contains 2 or more units. 1983 c71 s3;1995 c24 s100 Subdivision and Certificate of Title Plan of subdivision 3 For the purposes of

Part 17 of the Municipal Government Act and the Land Titles Act, a condominium plan is a plan of subdivision. 1983 c71 s3;1995 c24 s100 Subdivision of buildings into units 4(1) A building or land may be designated as a unit or part of a unit or divided into 2 or more units by the registration of a condominium plan under this Act.

RSA 2000

Section 5

Chapter C-22 CONDOMINIUM PROPERTY ACT 12

(2) The Registrar shall not register a condominium plan unless that condominium plan describes 2 or more units in it.

(3) For the purposes of the Land Titles Act, a condominium plan is deemed 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 and a certificate of title has been issued under the Land Titles Act in respect of the lease, this Act applies to the land described in the certificate of title, excepting from that title all mines and minerals. RSA 1980 cC-22 s2;1983 c71 s4 Certificate of title for unit 5(1) On registering a condominium plan, the Registrar (

a) shall cancel the certificate of title to the parcel described in the plan, except as to any mines and minerals comprised in it, and (

b) shall issue a separate certificate of title for each unit described in the plan, and any interests affecting the parcel that are noted on the certificate of title cancelled under clause (

a) shall be endorsed on the certificates of title issued under clause (b).

(2) No more than one unit may be included in one certificate of title and no other land, except the owner’s share in the common property, may be included in the same certificate of title with a unit.

(3) After a certificate of title to a unit is issued pursuant to subsection (1), the unit comprised in it may devolve or be transferred, leased, mortgaged or otherwise dealt with in the same manner and form as land held under the Land Titles Act and the provisions of that Act apply to those dealings insofar as they do not conflict with this Act or the regulations. RSA 1980 cC-22 s3 Certificate to show share in common property 6(1) The Registrar, in issuing a certificate of title for a unit, shall certify on it the owner’s share in the common property.

(2) The common property comprised in a registered condominium plan is held by the owners of all the units as tenants in common in shares proportional to the unit factors for their respective units.

RSA 2000

Section 7

Chapter C-22 CONDOMINIUM PROPERTY ACT 13

(3) Except as provided in this Act, a share in the common property shall not be disposed of or become subject to a charge except as appurtenant to the unit of an owner and a disposition of or charge on a unit operates to dispose of or charge that share in the common property without express reference to it. RSA 1980 cC-22 s4 Liability of owner 7 Except to the extent that an interest endorsed on a certificate of title relates to that particular unit, the owner of the unit is only liable in respect of that interest in proportion to the unit factor for the owner’s unit.

RSA 1980 cC-22 s5 Condominium Plans Requirements of condominium plan 8(1) Every plan presented for registration as a condominium plan shall (

a) be described in the heading of the plan as a condominium plan, (

b) delineate the external surfa ce boundaries of the parcel and the location of the building, if any, in relation to them, (

c) except where the condominium plan is to divide a building referred to in

section 2(2), delineate that portion of the land that is to be provided for the purposes of roads, public utilities and reserve land under

Part 17 of the Municipal Government Act, (

d) bear a statement containing those particulars as may be necessary to identify the title to the parcel, (

e) include a drawing illustrating the units and distinguishing the units by numbers or other symbols, (

f) define the boundaries of each unit, (

g) where a building is to be divided into units, show the approximate floor area of each unit, (

h) where land is to be divided into bare land units, show the approximate area of each unit, (

i) where in accordance with

section 50 an owner may be permitted to exercise exclusive possession in respect of an area or areas of common property, delineate to the satisfaction of the Registrar the boundaries of the area of

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Section 9

Chapter C-22 CONDOMINIUM PROPERTY ACT 14 common property over which the owner may be permitted to exercise exclusive possession, (

j) have endorsed on it a

schedule specifying in whole numbers the unit factor for each unit in the parcel, (

k) where the property for wh ich the plan is presented for registration is to be developed into units and common property in phases, contain the information required under the regulations with respect to the development of property in phases, (

l) be signed by the owner of the property, (l.1) delineate, illustrate and label parking spaces for visitors and persons with disabilities, if any, (

i) on common property where the condominium plan is not a plan of redivision, or (ii) on a unit where the condominium plan is a plan of redivision, (

m) have endorsed on it the address at which documents may be served on the corporation concerned in accordance with

section 71, and (

n) contain any other features prescribed by the regulations.

(2) Where, with respect to units included in a condominium plan, there are qualifications or restrictions respecting the use of a unit that are not prohibited under the law, those qualifications or restrictions may be endorsed on the condominium plan.

(3) The Registrar shall, within 28 days from the day a condominium plan is registered, mail to the municipal authority of the municipality in which the parcel is located, a copy of the registered condominium plan. RSA 2000 cC-22 s8;2014 c10 s3 Boundaries of condominium units 9(1) Unless otherwise stipulated in the condominium plan, if (

a) a boundary of a unit is described by reference to a floor, wall or ceiling, or (

b) a wall located within a unit is a load bearing wall, the only portion of that floor, wall or ceiling, as the case may be, that forms part of the unit is the finishing material that is in the

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Section 9

Chapter C-22 CONDOMINIUM PROPERTY ACT 15 interior of that unit, including any lath and plaster, panelling, gypsum board, panels, flooring material or coverings or any other material that is attached, laid, glued or applied to the floor, wall or ceiling, as the case may be.

(2) Notwithstanding subsection (1) and subject to subsection (2.1), (

a) all doors and windows of a un it that are located on interior walls of the unit are part of the unit unless otherwise stipulated in the condominium plan, and (

b) all doors and windows of a un it that are located on exterior walls of the unit are part of the common property unless otherwise stipulated in the condominium plan.

(2.1) If (

a) immediately prior to September 1, 2000, the doors and windows of a unit that are located on exterior walls of the unit were part of the unit, (

b) by virtue of subsection (2), on September 1, 2000, the doors and windows referred to in clause (

a) became part of the common property, and (

c) the corporation, by a sp ecial resolution, amended the condominium plan before September 1, 2002, so that the doors and windows referred to in clause (

b) ceased being part of the common property and became part of the unit, the doors and windows referred to in clause (

b) remain part of the unit.

(3) For the purposes of subsections (2) and (2.1), a reference (

a) to a door includes the do or, the door frame and the door assembly components, if any, but does not include the door casing, trim or mouldings, and (

b) to a window includes the glazing, the window frame and the window assembly components, if any, but does not include the window casing, trim or mouldings.

(4) Notwithstanding subsections (1), (2) and (2.1), if a condominium plan was registered prior to January 1, 1979, the common boundary of any unit described in the condominium plan with another unit or with common property is, unless otherwise stipulated in the condominium plan, the centre of the floor, wall or ceiling, as the case may be. RSA 2000 cC-22 s9;2024 c20 s1(5)

RSA 2000

Section 10

Chapter C-22 CONDOMINIUM PROPERTY ACT 16 Certificates to accompany condominium plan 10(1) Every plan presented for registration as a condominium plan shall be endorsed with or accompanied with (

a) a certificate of a land surveyor stating (

i) that the boundaries of the parcel have been established or re-established in accordance with the Surveys Act, (ii) that there are not any projections from other property infringing on the external boundaries of the parcel, or if there are projections from other property infringing on the external boundaries of the parcel, that an appropriate easement exists in respect of the parcel for those projections, and (iii) where there is a building shown on the plan, that the building is within the external surface boundaries of the parcel that is the subject of the plan and, if any projections project beyond those external boundaries, that an appropriate easement has been granted as an appurtenance to the parcel, and (

b) where there is a building s hown on the plan that is to contain units, (

i) a certificate of a profe ssional engineer, professional technologist, registered architect or land surveyor stating, with respect to that building, (

A) that the units shown in the plan are the same as those existing, and (

B) whether there are any po st tensioned cables located anywhere on or within that building or the property on which that building is located, a n d (ii) a certificate of the munici pal authority or of a person designated by the municipal authority stating that (

A) the proposed division of the building, as illustrated in the plan, has been approved by the municipal authority,

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Section 10.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 17 (

B) the number of parking sp aces for visitors and persons with disabilities illustrated in the plan, if any, meets the requirements of the municipal authority, and (

C) the parking spaces for visitors and persons with disabilities illustrated in the plan, if any, are located on common property or a unit labelled parking for visitors or persons with disabilities in accordance with

section 8(1)(l.1).

(2) If an application is made for a certificate under subsection (1)(b)(ii), the municipal authority (

a) may, with respect to a building that was constructed prior to August 1, 1966 or for which the building permit was issued prior to August 1, 1966, prohibit the issue of the certificate if it considers it proper to do so, and (

b) shall, with respect to a building for which a building permit was issued on or after August 1, 1966, direct the issue of the certificate if it is satisfied that the building conformed to (

i) the development scheme, development control bylaw, zoning bylaw or land use bylaw, as the case may be, and (ii) any permit issued under that scheme or bylaw, that existed at the time the building permit was issued. RSA 2000 cC-22 s10;2014 c10 s4 Duties of a Developer Appointment of interim board 10.1(1) A developer shall, no later than 30 days after registration of a condominium plan, appoint an interim board of directors and file at the land titles office a notice in the prescribed form stating the names and addresses of the members of the interim board.

(2) A developer shall, following a change in (

a) the membership of the interim board, (

b) the name of a member of the interim board, or (

c) the address of a memb er of the interim board, promptly file at the land titles office a notice in the prescribed form stating the change.

(3) The interim board holds office until a board is elected pursuant to

section 29.

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Section 10.11

Chapter C-22 CONDOMINIUM PROPERTY ACT 18

(4) Every member of the interim board, in exercising the powers and performing the duties of the office of member of the interim board, shall (

a) act honestly and in good faith with a view to the best interests of the corporation, and (

b) exercise the care, diligen ce and skill that a reasonably prudent person would exercise in comparable circumstances.

(5) A resolution adopted by the interim board must be recorded and is valid even if no meeting is held on the resolution.

(6) The interim board of directors shall make reasonable efforts to pursue any remedies or claims under warranties or insurance policies respecting the real and personal property of the corporation, the common property and managed property.

(7) Where a member of the interim board has a material interest in any agreement, arrangement or transaction to which the corporation is or is to become a party, that person (

a) shall declare to the interim bo ard that person’s interest in the agreement, arrangement or transaction, (

b) shall not vote in respect of any matter respecting that agreement, arrangement or transaction, and (

c) shall not be counted when determining whether a quorum exists when a vote or other action is taken in respect of the agreement, arrangement or transaction. (8) Subsection (7) does not apply to an agreement, arrangement or transaction in which the member of the interim board has a material interest if that material interest exists only by virtue of that member of the interim board owning a unit.

(9) All acts done in good faith by an interim board are, notwithstanding that it is afterwards discovered that there was some defect in the appointment, election or continuance in office of any member of the interim board, as valid as if the member had been properly appointed, properly elected or had properly continued in office. 2014 c10 s5;2024 c20 s1(6) Convening of meeting to elect interim board member 10.11(1) A developer shall convene a meeting of the owners within 90 days from the day when the certificates of title to units representing 25% of unit factors have been issued in the name of

RSA 2000

Section 10.2

Chapter C-22 CONDOMINIUM PROPERTY ACT 19 the purchasers to allow the owners to elect an owner to the interim board.

(2) Notwithstanding subsection (1), if the developer does not convene a meeting of the owners within the time determined under subsection (1), the owners may convene the meeting themselves after that time.

(3) The owner elected under subsection (1) shall not have the power of voting on anything before the interim board.

(4) If the owner elected under subsection (1) ceases to be a member of the interim board, the developer shall convene a meeting of the owners to elect a new owner within 30 days of the owner ceasing to be a member. 2024 c20 s1(7) Developer’s obligation to apply for certificates, approvals and permits 10.2 Where a developer is under an obligation to apply for a certificate, approval or permit required by law that relates to the real property of a corporation, the common property or managed property, that obligation does not expire by virtue of (

a) the registration of the condominium plan, (

b) the election of a board pursuant to

section 29, or (

c) the developer no longer being an owner. 2014 c10 s5 Payment of contributions 10.3(1) For the purpose of this section, “substantially completed” means when a unit is ready for use.

(2) Notwithstanding anything to the contrary in a bylaw, a developer must pay contributions at the same rate as other owners for all substantially completed units that the developer owns under a condominium plan once a unit in any building under the same condominium plan is transferred to a purchaser. 2014 c10 s5;2024 c20 s1(8) Fair dealing 11 Every agreement to sell a unit imposes on the developer selling the unit and the purchaser of the unit a duty of fair dealing with respect to the entering into, performance and enforcement of the agreement. 1996 c12 s7

RSA 2000

Section 12

Chapter C-22 CONDOMINIUM PROPERTY ACT 20 Sale of units by developers 12(1) A developer shall not sell or agree to sell a unit or a proposed unit unless the developer has delivered to the purchaser a copy of (

a) the purchase agreement; (

b) the condominium plan or proposed condominium plan; (

c) the bylaws or proposed bylaws; (

d) any management agreement or proposed management agreement; (

e) any recreational agreement or proposed recreational agreement; (

f) the lease of the parcel if the parcel on which the unit is located, or the proposed unit will be located, is held under a lease and the certificate of title to the unit or proposed unit has been or will be issued under

section 5(1)(b); (

g) in respect of a mortgage that affects, or a proposed mortgage that will affect, the title to the unit or proposed unit after the certificate of title is issued in the name of the purchaser, (

i) a copy of the mortgage or proposed mortgage, or (ii) where the purchaser is to assume the mortgage or proposed mortgage, a statement containing the information referred to in subsection (2); (

h) any mortgage or financial encumbrance registered against real property owned or to be owned by the corporation; (

i) any home warranty in surance contract under the New Home Buyer Protection Act under which the corporation is or will be named as the insured; (

j) if the unit is a conversion unit, (

i) the building assessment report prepared (

A) under the New Home Buyer Protection Act or this Act as it read immediately before July 1, 2021, or (

B) under this Act as it read immediately before the coming into force of this clause, or

RSA 2000

Section 12.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 21 (ii) the converted property study prepared under

section 21.1 on or after the coming into force of this clause; (j.1) if the unit is a conversion unit, the reserve fund report required by the regulations; (j.2) any technical analysis required under

section 21.2; (

k) a statement prepared in accordance with the regulations setting out a fixed date or range of dates by which the purchaser may commence occupancy of the unit; (

l) the most recent budget or proposed budget of the corporation prepared in accordance with the regulations; (

m) any other information or documents prescribed by the regulations.

(2) The statement to be provided under subsection (1)(g)(ii) must contain the following information: (

a) the maximum principal amount available under the mortgage; (

b) the maximum monthly payment that may be paid under the mortgage; (

c) the amortization period; (

d) the term; (

e) the interest rate or the formula, if any, for determining the interest rate; (

f) the prepayment privileges, if any.

(3) Repealed 2024 c20 s1(9). RSA 2000 cC-22 s12;2014 c10 s6;2024 c20 s1(9) Developer to provide occupancy permit 12.1 Where a municipal authority issues or gives an occupancy permit or written permission in respect of a unit pursuant to the regulations under the Safety Codes Act, the developer shall provide to a purchaser prior to or at the time that the purchaser takes possession of the unit a copy of the occupancy permit or written permission. 2014 c10 s6

RSA 2000

Section 12.2

Chapter C-22 CONDOMINIUM PROPERTY ACT 22 Requirements of purchase agreement 12.2 A developer who enters into a purchase agreement shall include in the purchase agreement the following: (

a) a notification in the prescr ibed form stating as follows: “The purchaser may, without incurring any liability for doing so, rescind this agreement within 10 days of the later of the date the purchaser receives all of the information and documents required to be delivered to the purchaser under

section 12 of the Condominium Property Act and the date the purchaser signs the purchase agreement. This agreement is governed by the Condominium Property Act and if there is a conflict between this agreement and the Act, the Act prevails.”; (

b) where the units and the common property are not substantially completed at the time that the purchase agreement is entered into, a description, drawing or photograph showing (

i) where there is a building, the interior finishing of and all major improvements to the common property located within a building, and real and personal property intended to be acquired by the corporation, (ii) all major improvements to the common property, other than those to which subclause (

i) applies, (iii) any significant utility installations, major easement areas, retaining walls and other similar significant features, (iv) the recreational facilities, equipment and other amenities to be available for use by the persons residing in or on the residential units, (

v) the equipment to be used for the maintenance of the real and personal property of the corporation, the common property and managed property, (vi) the location of roadwa ys, walkways, fences, parking areas and recreational facilities, (vii) the landscaping, and (viii) where there is a building, the exterior finishing of the building as it will exist when the developer has fulfilled

RSA 2000

Section 13

Chapter C-22 CONDOMINIUM PROPERTY ACT 23 the developer’s obligations under the purchase agreement; (

c) the amount or estimated amount of the monthly unit contributions based on the budget or proposed budget referred to in

section 12(1)(l); (

d) the unit factor of the unit and the basis of unit factor apportionment for all units included in the condominium plan or proposed condominium plan. 2014 c10 s6 Rescission of purchase agreement 13(1) A purchaser may rescind a purchase agreement by providing written notice to the developer within 10 days of the later of (

a) the date the purchaser receives all of the information and documents required to be delivered to the purchaser under

section 12, and (

b) the date the purchaser signs the purchase agreement.

(2) If a purchase agreement is rescinded under subsection (1), the developer shall, within 15 days from the developer’s receipt of a written notice of the rescission from the purchaser, return to the purchaser all of the money paid in respect of the purchase of the unit. RSA 2000 cC-22 s13;2002 c30 s3;2014 c10 s6 Material change before purchaser takes possession 13.1(1) If at any time before a purchaser takes possession of a unit there is a material change in the information and documents provided by the developer to the purchaser under

section 12, the developer shall deliver a written notice to the purchaser.

(2) The notice required under subsection (1) must clearly identify all changes that in the reasonable belief of the developer may be material changes, and summarize the particulars of them.

(3) The developer shall in accordance with the regulations deliver the notice required under subsection (1) to the purchaser within a reasonable time after the material change occurs and, in any event, before the day the purchaser takes possession of the unit.

(4) Where a material change referred to in subsection (1) occurs, the purchaser may exercise any of the remedies provided under the regulations. 2014 c10 s6

RSA 2000

Section 13.2

Chapter C-22 CONDOMINIUM PROPERTY ACT 24 Act prevails 13.2 Any waiver or release by a purchaser of the rights, benefits or protections under this Act is void. 2014 c10 s6 Payments held in trust 14(1) For the purposes of this section, (a) “common property” includes facilities and property that are intended for common use by the owners notwithstanding that the facilities or property may be located in or comprise a unit or any part of a unit; (b) “cost consultant” means a person who meets the requirements of the regulations to be a cost consultant or is otherwise designated as a cost consultant pursuant to the regulations; (c) “developer” includes any person who, on behalf of a developer, acts in respect of the sale of a unit or a proposed unit or receives money paid by or on behalf of a purchaser of a unit or a proposed unit pursuant to a purchase agreement; (d) “financial institution” means a bank, treasury branch, credit union or trust corporation; (e) “substantially completed” means, subject to the regulations, (

i) in the case of a unit, when the unit is ready for its intended use, and (ii) in the case of related co mmon property, when the related common property is ready for its intended use.

(2) A reference in this

section to “related common property” is, in relation to a unit, a reference to the following: (

a) the common property or a portion of the common property that is necessarily incidental to the completion of the unit; (

b) the common property or a portion of the common property that is necessarily incidental to the intended use of the unit; (

c) in the case of a unit other than a bare land unit, the common property or a portion of the common property consisting of (

i) utilities required to service the unit and the common property,

RSA 2000

Section 14

Chapter C-22 CONDOMINIUM PROPERTY ACT 25 (ii) a facility providing for reasonable access to or entrance into the unit, (iii) a facility providing fo r reasonable access to highways, municipal roads or streets, (iv) waste removal facilities or other facilities for handling waste, and (

v) any other improvements or areas (

A) designated by the regulations, or (

B) required under any other Act or regulations, that are necessarily incidental to the intended use of the unit; (

d) in the case of a unit other than a bare land unit, in addition to the common property referred to in clauses (

a) to (c), any common property or any portion of the common property that has been represented in the purchase agreement by the developer as being or as going to be available for the use of the owner of the unit and, without limiting the generality of the foregoing, may include one or more of the following: (

i) roadways, parking areas and walkways; (ii) fences or similar structures; (iii) landscaped areas and site lighting; (

e) in the case of a bare land unit, the common property or a portion of the common property consisting of (

i) a facility providing for reasonable access to or entrance into the unit, (ii) a facility providing fo r reasonable access to highways, municipal roads or streets, and (iii) any other improvements or areas (

A) designated by the regulations, or (

B) required under any other Act or regulations, that are necessarily incidental to the intended use of the unit; (

f) in the case of a bare land unit, in addition to the common property referred to in clauses (a), (

b) and (e), any common

RSA 2000

Section 14

Chapter C-22 CONDOMINIUM PROPERTY ACT 26 property or any portion of the common property that has been represented in the purchase agreement by the developer as being or as going to be available for the use of the owner of the unit and, without limiting the generality of the foregoing, may include one or more of the following: (

i) utilities required to service the unit and the common property; (ii) roadways, parking areas and walkways; (iii) fences or similar structures; (iv) landscaped areas and site lighting; (

v) waste removal facilities or other facilities for handling waste.

(3) A developer or prescribed trustee, as the case may be, shall hold in trust all money, other than rents or security deposits, paid by the purchaser of a unit up to the time that the certificate of title to the unit is issued in the name of the purchaser in accordance with the purchase agreement.

(4) Notwithstanding subsection (3), if a unit is not substantially completed, the developer or prescribed trustee, as the case may be, shall hold in trust money, other than rents or security deposits, paid by the purchaser of the unit so that the amount of money held in trust will be sufficient, when combined with the unpaid portion of the purchase price of the unit, if any, to pay for the cost of substantially completing the construction of the unit as determined by a cost consultant.

(5) Notwithstanding subsection (3), if the related common property is not substantially completed, the developer or prescribed trustee, as the case may be, shall hold in trust money, other than rents or security deposits, paid by the purchaser of the unit so that the amount of money held in trust will be sufficient, when combined with the unpaid portion of the purchase price of the unit, if any, to pay for the proportionate cost of substantially completing the construction of the related common property as determined by a cost consultant based on the unit factors of the units sharing the same related common property.

(6) A developer who receives money that is to be held in trust under this

section shall, within 3 days of receiving it, exclusive of holidays and Saturdays, deposit the money into a trust account maintained in a financial institution in Alberta.

RSA 2000

Section 14

Chapter C-22 CONDOMINIUM PROPERTY ACT 27

(6.1) A trust account referred to in subsection (6) must be maintained by a prescribed trustee.

(7) A developer or prescribed trustee, as the case may be, who is in possession or control of money that is to be held in trust under this

section shall ensure that the money is kept on deposit in Alberta.

(7.1) A developer or prescribed trustee, as the case may be, who is in possession or control of money that is to be held in trust under this

section shall comply with the requirements respecting trust accounts established by the regulations.

(8) If money is being held in trust under this

section and the purchaser of the unit takes possession of or occupies the unit prior to the certificate of title being issued in the name of the purchaser, the interest earned on that money, if any, from the day that the purchaser takes possession or occupies the unit to the day that the certificate of title is issued in the name of the purchaser is to be applied against the purchase price of the unit.

(9) Subject to subsection (8), the developer is entitled to the interest earned on money held in trust under this section.

(10) Subject to subsection (11), this

section does not apply in respect of money paid to a developer under a purchase agreement if that money is held, secured or otherwise dealt with under the provisions of a plan, agreement, scheme or arrangement approved by the Minister that provides for the receipt, handling and disbursing of all or a portion of that money or indemnifies against loss of all or a portion of that money or both.

(11) Where (

a) money is to be held, secured or otherwise dealt with under the provisions of a plan, agreement, scheme or arrangement referred to in subsection (10), and (

b) an amount of that money that is to be held, secured or otherwise dealt with exceeds the limits of the protection against loss provided for under the plan, agreement, scheme or arrangement, that amount that exceeds the limits of the protection against loss under the plan, agreement, scheme or arrangement is to be held in trust under this section.

(12) Notwithstanding subsections (3) to (11), (

a) where in relation to a unit or related common property, or both, a developer is required to provide security under

RSA 2000

Section 14

Chapter C-22 CONDOMINIUM PROPERTY ACT 28 another enactment for the purpose of completing construction, and (

b) that construction referred to in clause (

a) is the same or substantially the same construction with respect to a unit or related common property in respect of which money is to be held in trust under this section, the developer may, subject to the regulations, reduce the amount of money to be held in trust under this

section by the amount of the security provided under the enactment referred to in clause (a).

(13) Where, with respect to a unit or related common property, or both, (

a) money is held in trust under this

section or held, secured or otherwise dealt with pursuant to the provisions of a plan, agreement, scheme or arrangement approved under subsection (10), and (

b) the developer has not met the requirements under which that money is to be paid out of the trust or otherwise disbursed, the corporation or an interested party may apply to the Court for an order for that money to be paid out for the purposes of substantially completing the unit or related common property, as the case may be, or to be used as directed by the Court.

(14) On hearing an application under subsection (13), the Court may do one or more of the following: (

a) give directions as to whom the money is to be paid; (

b) give directions as to how the money is to be used for the purposes of substantially completing the unit or related common property, or both, as the case may be; (

c) give directions as to how the money is to be used or otherwise disposed of if it is not to be used for the purposes referred to in clause (b); (

d) appoint an administrator, a receiver or a receiver and manager for the purpose of carrying out any matters dealt with pursuant to the application; (

e) give any other directions, not referred to in clauses (

a) to (d), that the Court considers appropriate in the circumstances; (

f) award costs.

RSA 2000

Section 15

Chapter C-22 CONDOMINIUM PROPERTY ACT 29

(15) Once the unit or the related common property, or both, as the case may be, in respect of which money is being held in trust under this

section are, as determined by a cost consultant, substantially completed, any money remaining in trust may be paid to the developer. RSA 2000 cC-22 s14;2014 c10 s7 Exemption 15

Section 14 does not apply if the purchaser does not perform the purchaser’s obligations under the purchase agreement. RSA 1980 cC-22 s12 Security deposit 16(1) If a purchaser of a residential unit, prior to receiving title to the unit, rents that unit from the developer, the developer may charge the purchaser a security deposit in respect of the unit.

(2) A developer shall not charge an amount under subsection (1) in excess of one month’s rent for the unit. RSA 2000 cC-22 s16; 2014 c10 s8 Documents required 16.1(1) The developer shall, at the meeting of the corporation convened under

section 29, provide to the corporation without charge the original or a copy of the following documents: (

a) all warranties and guarant ees on the real and personal property of the corporation, the common property and managed property; (

b) the (

i) structural, electrical, mechanical and architectural working drawings and specifications, and (ii) as built drawings, that exist for the real pr operty of the corporation, the common property and managed property; (

c) the plans that exist showing the location of underground utility services, sewer pipes and cable television lines located on the parcel; (

d) all agreements to which the corporation is a party; (

e) all certificates, approvals and permits issued by a municipal authority, a person accredited by the Administrator under the Safety Codes Act, the Government or an agent of the

RSA 2000

Section 17

Chapter C-22 CONDOMINIUM PROPERTY ACT 30 Government that relate to the real property of the corporation, the common property and managed property; (

f) in the case of a conversion, (

i) any building assessment report prepared (

A) under the New Home Buyer Protection Act or this Act as it read immediately before July 1, 2021, or (

B) under this Act as it read immediately before the coming into force of this clause, o r (ii) any converted property study prepared under

section 21.1 on or after the coming into force of this clause; (

g) any reserve fund report required by the regulations; (g.1) any technical analysis required under

section 21.2; (

h) any other prescribed document.

(2) The interim board shall, at the meeting of the corporation convened under

section 29, provide to the corporation without charge the original or a copy of all resolutions, minutes and other records and documents of the interim board. 2014 c10 s9;2024 c20 s1(10) Termination of Agreements Developer’s management agreements 17(1) In this section, “developer’s management agreement” means a management agreement that was entered into by a corporation at a time when its board consisted of directors who were appointed or elected when persons who were not at arm’s length from the developer owned or held units representing more than 50% of the total unit factors for all the units.

(2) Subject to subsection (3), a corporation may, despite any term to the contrary in a developer’s management agreement or a collateral agreement, terminate a developer’s management agreement at any time after its board first consists of directors who were elected when persons who were at arm’s length from the developer owned or held units representing more than 50% of the total unit factors for all the units.

(3) A developer’s management agreement

RSA 2000

Section 17.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 31 (

a) may not be terminated under subsection (2) without cause until one year has elapsed from the day that the agreement was entered into, except when the agreement permits termination at an earlier date, and (

b) may only be terminated under subsection (2) on the corporation giving 60 days’ written notice, or any shorter notice specified in the agreement, to the other party to the agreement of its intention to terminate the agreement, and the corporation is not liable to the other party to the agreement by reason only of the agreement being terminated under this section. RSA 2000 cC-22 s17;2014 c10 s11 Other agreements 17.1(1) Except as otherwise provided in

section 17 and the regulations, a corporation may terminate an agreement within 12 months after the time at which its board first consists of directors who were elected when persons who were at arm’s length from the developer owned or held units representing more than 50% of the total unit factors for all the units. (2) Subsection (1) applies despite any term to the contrary in the agreement to be terminated.

(3) To terminate an agreement under this section, the corporation must give written notice of the termination date to the other party to the agreement at least 60 days, or any shorter period specified in the agreement, before the termination date.

(4) Where a corporation terminates an agreement under this section, the corporation is not liable to the other party to the agreement by reason only of the termination of the agreement under this section. 2014 c10 s12 Return of Corporation Property Return of corporation property 17.2(1) The original copies of any documents or records prepared for a corporation by a condominium manager or a member of the board, including, without limitation, the documents referred to in

section 12(1) and prescribed documents, are the property of the corporation.

(2) A condominium manager shall, within 30 days after the termination of a management agreement, at no charge, return to the corporation all property belonging to the corporation, including,

RSA 2000

Section 18

Chapter C-22 CONDOMINIUM PROPERTY ACT 32 without limitation, the documents and records referred to in subsection (1) and prescribed property.

(3) An individual who ceases to be a member of the board shall, within 30 days after ceasing to be a member of the board, at no charge, return to the corporation all property belonging to the corporation, including, without limitation, the documents and records referred to in subsection (1) and prescribed property. 2014 c10 s12 Amendment of Condominium Plans Amendments 18 Notwithstanding anything in this Act, a condominium plan may, in accordance with the regulations, be amended. 1996 c12 s12;2000 c11 s6 Phased Development Development of units in phases 19 Notwithstanding anything in this Act, (

a) any building or land that is subject to a condominium plan or a proposed condominium plan may, in accordance with the regulations, be developed in phases, and (

b) in the process of carrying out the development of a building or land in phases, additional units and additional common property may, in accordance with the regulations, be created. 1996 c12 s12;2000 c11 s6 Modification of Condominium Plans Redivision of unit 20(1) Any owner or owners may, with the approval of the municipal authority, redivide the owner’s or owners’ units by registering a condominium plan relating to the unit or units so redivided in the manner provided by this Act for the registration of condominium plans.

(2) Notwithstanding subsection (1), any owner or owners may, in accordance with the regulations and without the necessity of registering a condominium plan, modify an existing condominium plan by amending that condominium plan, if the modification consists only of the consolidation of 2 or more units that have adjacent walls, ceilings, floors or boundaries between them.

(3) Except as provided in this section, the provisions of this Act relating to condominium plans apply with all necessary modifications to a redivision of units.

RSA 2000

Section 20.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 33

(4) Notwithstanding

section 25, the owners of units in a condominium plan of redivision are not a corporation, but are, on the date of registration of the condominium plan of redivision, members of the corporation formed on registration of the original condominium plan.

(5) On registration of a condominium plan of redivision, units comprised in it are subject to the burden and have the benefit of any easements affecting those units in the original condominium plan that are included in the condominium plan of redivision.

(6) The

schedule endorsed on a condominium plan of redivision, as required by

section 8(1)(j), shall apportion among the units the unit factor or factors for the unit or units in the original condominium plan that are included in the redivision.

(7) Before registering a proposed condominium plan of redivision, the Registrar shall amend the original condominium plan in the manner prescribed by the regulations.

(8) On registration of a condominium plan of redivision, the land comprised in it shall not be dealt with by reference to units in the original condominium plan.

(9) On registration of a condominium plan of redivision, the owner of any parking space for visitors or persons with disabilities illustrated as a unit in the condominium plan shall transfer the title to the parking space to the corporation.

(10) Where the owner does not transfer the title to a parking space for visitors or persons with disabilities in accordance with subsection (9), the corporation (

a) has a first charge on the unit, and (

b) may commence an action fo r specific performance of the transfer. RSA 2000 cC-22 s20;2014 c10 s13 Conversions and Technical Analysis Application of sections 20.1 Subject to the regulations, sections 10.1 to 16.1 apply to the purchase and sale of conversion units. 2014 c10 s14 Conversion to condominium units 21(1) If premises are

RSA 2000

Section 21.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 34 (

a) rented to a tenant who is not a party to a purchase agreement, and (

b) not included in a condominium plan, a developer or a person acting on the developer’s behalf shall not sell or agree to sell those premises as a conversion unit until the condominium plan that includes those premises is registered at a land titles office.

(2) Notwithstanding subsection (1), a developer or a person acting on a developer’s behalf may sell premises referred to in subsection (1) prior to the registration at a land titles office of a condominium plan that includes those premises if it is a condition of the purchase agreement that the condominium plan is to be registered at the land titles office prior to the purchaser’s being obliged to take possession of the conversion unit.

RSA 2000 cC-22 s21;2014 c10 s15 Preparation of converted property study 21.1(1) Subject to subsection (2), a developer shall, in respect of a conversion, arrange for the preparation of a converted property study by a professional engineer or registered architect for the real and personal property of the corporation, the common property and managed property.

(2) A converted property study referred to in subsection (1) must be prepared in accordance with the regulations. 2014 c10 s16;2024 c20 s1(12) Preparation of technical analysis 21.2 Where a converted property study under

section 21.1 is not required, a technical analysis of the units, the real and personal property of the corporation or the common property shall be prepared in accordance with the regulations. 2024 c20 s1(12) Easements Easements in favour of owner 22 After the registration of a condominium plan, there is implied in respect of each unit shown in it, (

a) in favour of the owner of the unit, and as appurtenant to the unit, an easement for the subjacent and lateral support of the unit by the common property and by every other unit capable of affording support, (

b) in favour of the owner of the unit, and as appurtenant to the unit, easements for the passage or provision of water,

RSA 2000

Section 23

Chapter C-22 CONDOMINIUM PROPERTY ACT 35 sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services, including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts for the time being existing in the parcel to the extent to which those pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the unit, and (

c) in the case of a unit located in a building, in favour of the owner of the unit, and as appurtenant to the unit, an easement for the shelter of the unit by the common property and by every other unit capable of affording shelter. RSA 1980 cC-22 s17;1983 c71 s10;1996 c12 s16 Easements against owner 23(1) After the registration of a condominium plan, there is implied in respect of each unit shown in it, (

a) as against the owner of the unit, an easement, to which the unit is subject, for the subjacent and lateral support of the common property and of every other unit capable of enjoying support, (

b) as against the owner of the unit, easements, to which the unit is subject, for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services, including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts for the time being existing within the unit, as appurtenant to the common property and also to every other unit capable of enjoying those easements, and (

c) in the case of a unit located in a building, as against the owner of the unit, an easement, to which the unit is subject, to provide shelter to the common property and to every other unit capable of enjoying the shelter.

(2) When an easement is implied by this section, the owner of any utility service who is providing the owner’s service to the parcel, or to any unit on it, is entitled to the benefit of any of those easements that are appropriate to the proper provision of that service, but not to the exclusion of the owner of any other utility service. RSA 1980 cC-22 s18;1983 c71 s11;1996 c12 s17 Implied easements and restrictions 24(1) Easements or restrictions implied or created by this Act or the bylaws take effect and are enforceable

RSA 2000

Section 24.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 36 (

a) without any memorial or notification on that part of the register constituting titles to the dominant or servient tenements, and (

b) without any express indication of those tenements.

(2) All ancillary rights and obligations reasonably necessary to make easements effective apply in respect of easements implied by this Act, including the right of an owner of a dominant tenement to enter a servient tenement and replace, renew or restore any thing that the dominant tenement is entitled to benefit from. RSA 2000 cC-22 s24;2016 c18 s3 Right of entry 24.1(1) Except as otherwise permitted in this section, no person may enter a unit under

section 24(2) without the consent of the owner of the unit or of an adult person lawfully on the premises that comprise the unit.

(2) A person may enter a unit under

section 24(2) without consent or notice if that person has reasonable grounds to believe that an emergency requires that person to enter the premises to replace, renew or restore any thing that the dominant tenement is entitled to benefit from.

(3) Subject to subsection (4), a person may enter a unit under

section 24(2) without consent but after notice to the owner or person in possession of the unit to replace, renew or restore any thing that the dominant tenement is entitled to benefit from.

(4) A person is not entitled to enter a unit under subsection (3) unless (

a) the notice is served on the owner of the unit or an adult person in possession of the unit at least 24 hours before the time of entry, (

b) the entry is made on a day that is not (

i) a holiday, except that the person may enter on a Sunday if the day of religious worship of the adult person in possession of the unit is not Sunday and that adult person has provided to the person wishing to enter the unit a written notice of that adult person’s day of religious worship, or (ii) the day of religious worship of the adult person in possession of the unit if that day is not Sunday and that

RSA 2000

Section 25

Chapter C-22 CONDOMINIUM PROPERTY ACT 37 person has provided to the person wishing to enter the unit a written notice of that day, and (

c) the entry is between 8 a.m. and 8 p.m.

(5) A notice under subsection (3) must (

a) be in writing, (

b) state the reason for the entry, and (

c) name a date and time of entry that comply with subsection (4). 2016 c18 s3 Condominium Corporation Condominium corporation 25(1) On the registration of a condominium plan, there is constituted a corporation under the name “Condominium Corporation No. ” and the number to be specified is the number given to the plan on registration.

(2) A corporation consists of all those persons (

a) who are owners of units in the parcel to which the condominium plan applies, or (

b) who are entitled to the parcel when the condominium arrangement is terminated pursuant to

section 60.

(3) Without limiting the powers of the corporation under this or any other Act, a corporation may (

a) sue for and in respect of any damage or injury to the common property caused by any person, whether an owner or not, and (

b) be sued in respect of any matter connected with the parcel for which the owners are jointly liable.

(4) Nothing in this Act shall be construed so as to prohibit a corporation from acting by means of agents or its employees.

(5) The Companies Act and the Business Corporations Act do not apply to a corporation. RSA 2000 cC-22 s25;2024 c20 s1(13)

RSA 2000

Section 26

Chapter C-22 CONDOMINIUM PROPERTY ACT 38 Voting Rights Voting rights 26(1) In this section, (a) “owner vote” means a vote on the basis of one vote per owner; (b) “unit factor vote” means a vote on the basis of the unit factors for an owner’s unit or units.

(1.1) Subject to subsections (1.2), (1.3) and (1.4), voting at a general meeting shall be conducted as (

a) an owner vote or, if provided for in the bylaws, on a basis other than an owner vote, or (

b) a unit factor vote.

(1.2) In the case of an owner vote, where (

a) a unit is owned by more than one person, each owner is entitled to one vote, and (

b) a person owns more than one unit, that person is entitled to one vote and may not assign proxies to multiple persons.

(1.3) In the case of a unit factor vote, where a unit is owned by more than one person, (

a) each owner represents the po rtion of the unit factors for the unit equal to the portion of the unit owned by that co-owner, or (

b) if a co-owner does not atte nd a general meeting at which the unit factor vote is conducted, that co-owner’s unit factors shall not be counted unless the co-owner assigns the co-owner’s right to vote by proxy to another person attending the general meeting.

(1.4) If, at any time before the results of a vote conducted under subsection (1.1)(

a) are announced, a person entitled to vote demands a unit factor vote, the vote conducted under subsection (1.1)(

a) shall be nullified and a unit factor vote shall be conducted under subsection (1.1)(b).

(1.5) A corporation shall not exercise the power of voting for any unit owned by the corporation except in the case of a special resolution, in which case the corporation’s vote shall be cast in accordance with the majority of the other votes cast.

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Chapter C-22 CONDOMINIUM PROPERTY ACT 39

(2) When an owner’s interest is subject to a registered mortgage, a power of voting conferred on the owner by this Act or the bylaws may be exercised as follows: (

a) first, by the mortgagee, if any, who is first entitled in priority if that mortgagee has notified the corporation of the mortgage in writing and is present at the meeting at which the vote is being conducted; (

b) second, by the owner; (

c) third and subsequently, in order of their priority among themselves, by any other mortgagees who are subsequent in priority to the mortgagee referred to in clause (

a) if the subsequent mortgagee wishing to exercise the power of voting has notified the corporation of the mortgage in writing and is present at the meeting at which the vote is conducted. (3) Subsection (2) does not apply unless the mortgagee has given written notice of the mortgagee’s mortgage to the corporation at the corporation’s address for service.

(4) An owner or mortgagee, as the case may be, may exercise the owner’s or mortgagee’s right to vote personally or by proxy.

(5) Notwithstanding anything in this section, neither an owner nor a mortgagee is entitled to exercise the power of voting conferred on the owner by this Act or the regulations where (

a) any contribution payable in respect of the owner’s unit, or (

b) any other obligation owing to the corporation in respect of the owner’s unit or the common property, is in arrears for more than 30 days prior to the day that the power of voting may be exercised.

(6) Notwithstanding that anything under this Act or the bylaws may require a meeting of the corporation to be convened for the purpose of allowing the owners or other persons permitted under this Act or the bylaws to exercise the power of voting, instead of a meeting being convened for the purpose of exercising the powers of voting, (

a) in the case of an ordinary resolution, the ordinary resolution may be passed by being signed as described in

section 1(1)(r), and

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Section 27

Chapter C-22 CONDOMINIUM PROPERTY ACT 40 (

b) in the case of a special re solution, the special resolution may be passed by being agreed to in writing as described in

section 1(1)(x). RSA 2000 cC-22 s26;2024 c20 s1(14) Voting where owner incapable 27(1) Any powers of voting conferred by this Act or the bylaws may be exercised (

a) in the case of an owner wh o is a minor, by the guardian or trustee of the minor’s estate or a trustee of the minor’s property appointed by an order under the Minors’ Property Act or, if no guardian or trustee has been appointed, by the Public Trustee, or (

b) in the case of an owner who is for any reason unable to exercise control over the owner’s property, by the person who for the time being is authorized by law to exercise control over that property.

(2) If the Court, on application by the corporation or by an owner, is satisfied that there is no person capable, willing or reasonably available to vote in respect of a unit, the Court (

a) shall, in cases when a special resolution is required by this Act, and (

b) may, in its discretion, in any other case, appoint the Public Trustee or some other person for the purpose of exercising the powers of voting under this Act and the bylaws as the Court determines.

(3) On making an appointment under this section, the Court may make any order it considers necessary or expedient to give effect to the appointment. RSA 2000 cC-22 s27;2004 cM-18.1 s19 Board of a Corporation Board of directors 28(1) A corporation shall have a board of directors that is to be constituted as provided by the bylaws of the corporation.

(1.1) At least 2/3 of the membership of the board of directors of a corporation must be unit owners or mortgagees unless the bylaws provide otherwise.

(2) Every member of a board, in exercising the powers and performing the duties of the office of member of the board, shall

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Section 28

Chapter C-22 CONDOMINIUM PROPERTY ACT 41 (

a) act honestly and in good faith with a view to the best interests of the corporation, and (

b) exercise the care, diligen ce and skill that a reasonably prudent person would exercise in comparable circumstances.

(3) Where a member of the board has a material interest in any agreement, arrangement or transaction to which the corporation is or is to become a party, that person (

a) shall declare to the board that person’s interest in the agreement, arrangement or transaction, (

b) shall not vote in respect of any matter respecting that agreement, arrangement or transaction, and (

c) shall not be counted when determining whether a quorum exists when a vote or other action is taken in respect of the agreement, arrangement or transaction. (4) Subsection (3) does not apply to an agreement, arrangement or transaction in which the member of the board has a material interest if that material interest exists only by virtue of that member of the board owning a unit.

(5) A corporation shall, within 30 days from the conclusion of the corporation’s annual general meeting, file at the land titles office a notice in the prescribed form stating the names and addresses of the members of the board.

(6) A corporation shall, following a change in (

a) the membership of the board, (

b) the name of a member of the board, or (

c) the address for service of a member of the board, promptly file at the land titles office a notice in the prescribed form stating the change.

(7) Repealed 2014 c10 s18.

(8) A person who (

a) is a bona fide third party d ealing at arm’s length with the corporation, and

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Section 28.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 42 (

b) does not have notice of a restriction or direction referred to in

section 28.2(1), is not liable for or otherwise affected or bound by any breach of or failure to follow that restriction or direction by the corporation.

(9) All acts done in good faith by a board are, notwithstanding that it is afterwards discovered that there was some defect in the election or appointment or continuance in office of any member of the board, as valid as if the member had been properly elected or appointed or had properly continued in office.

(10) Repealed 2014 c10 s18. RSA 2000 cC-22 s28;2014 c10 s18;2024 c20 s1(15) Removal or vacating of office of a member of the board 28.1(1) A person ceases to be a member of the board if the member (

a) becomes a bankrupt as defined in the Bankruptcy and Insolvency Act (Canada), (

b) is more than 60 days in arrears in payment of any contribution required to be made by the member as an owner, (

c) is more than 60 days in default of a judgment by a court of any money owing to the corporation, (

d) is or becomes a represented adult as defined in the Adult Guardianship and Trusteeship Act, (

e) is convicted of an indictab le offence for which the member is liable to imprisonment for a term of not less than 2 years, (

f) resigns the memb er’s office by serving notice in writing on the corporation, or (

g) is removed under subsection (2).

(2) A corporation may by ordinary resolution remove a member of the board before the expiration of the member’s term of office and appoint another individual in the member’s place to hold that office for the remainder of the term. 2014 c10 s19 Exercise of powers and duties by boards 28.2(1) The powers and duties of a corporation shall, subject to any restriction imposed or direction given in an ordinary resolution, be exercised and performed by the board of the corporation.

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Chapter C-22 CONDOMINIUM PROPERTY ACT 43

(2) An ordinary resolution that directs or restricts the corporation, or interferes with the corporation, in its exercise of powers and performance of duties is not valid if the direction or restriction is contrary to this Act, the regulations or the bylaws. 2014 c10 s19 Education requirements for board members 28.3(1) The Director may establish education requirements for members of boards.

(2) Members of boards must comply with education requirements established under subsection (1).

(3) Each board is responsible for ensuring its members comply with education requirements established under subsection (1). 2026 c12 s2 Meetings of the Corporation Convening of meeting to elect first board 29(1) When a developer registers a condominium plan, the developer shall within 90 days from the day that the certificates of title to units representing 50% of unit factors have been issued in the name of the purchasers convene a meeting of the corporation at which a board must be elected.

(2) Notwithstanding subsection (1), if the developer does not convene a meeting of the corporation under subsection (1) within the time period determined under subsection (1), an owner may convene the meeting. RSA 2000 cC-22 s29;2014 c10 s20;2016 c18 s4 Annual general meetings 30(1) The first annual general meeting of the corporation must be convened by the board no later than 12 months after the registration of the condominium plan.

(2) Subsequent annual general meetings must be convened annually no later than 15 months after the immediately preceding annual general meeting.

(3) Subject to the regulations, written notice of an annual general meeting must be provided to each owner and any mortgagee who has given written notice under

section 26(3) no less than 14 days prior to the day on which the meeting is to be convened.

(4) Subject to the regulations, the corporation shall (

a) prepare financial statements, in accordance with Canadian generally accepted accounting principles, for the

RSA 2000

Section 30.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 44 corporation’s preceding fiscal year, an annual report on the reserve fund and an annual budget for the corporation’s fiscal year that immediately follows the corporation’s preceding fiscal year, and (

b) no less than 14 days prior to the day on which the annual general meeting is to be convened, provide copies of the financial statements, an annual report on the reserve fund and the annual budget to each owner and any mortgagee who has given written notice under

section 26(3). 2014 c10 s21 Special general meetings 30.1(1) The board may, whenever it considers it appropriate to do so, convene a special general meeting of the corporation by providing written notice to each owner, subject to the regulations, no less than 14 days prior to the day on which the meeting is to be convened.

(2) The board shall, on the written request of owners whose units represent not less than 15% of the total unit factors for all the units, convene a special general meeting of the corporation by providing written notice to each owner no less than 14 days prior to the day on which the meeting is to be convened.

(3) A request under subsection (2) must include the nature of the business to be dealt with at the meeting.

(4) A special general meeting under subsection (2) must be convened within 30 days of receiving the request, and if the board does not convene a meeting within that time period, the owners may convene the meeting.

(5) A notice for a special general meeting must include the purpose for which the meeting is being convened, including the proposed wording of any resolution. 2014 c10 s21 Failure to give notice 30.2 Failure to give proper notice of a general meeting to a person entitled to receive notice of the meeting under this Act does not invalidate anything done at that meeting as long as a reasonable attempt to give the notice was made. 2014 c10 s21 Notice of meetings to mortgagees 30.3 On being notified by a mortgagee entitled to vote under

section 26 that the mortgagee wishes to be notified of general

RSA 2000

Section 31

Chapter C-22 CONDOMINIUM PROPERTY ACT 45 meetings, the board shall give to that mortgagee the same notices of a general meeting as are required to be given to an owner. 2014 c10 s21 Meetings of Board or Corporation Manner and venue 31(1) Unless a corporation’s bylaws expressly provide otherwise, (

a) a person entitled to attend a meeting of the corporation or of its board of directors may attend the meeting by electronic means, (

b) a meeting of the corporation or of its board of directors may be held entirely by electronic means, (

c) a person attending a meeting by electronic means under clause (

a) or (

b) who is entitled to vote at the meeting may vote by any electronic, telephonic or other method that the corporation has made available for that purpose, and (

d) a person attending a mee ting by electronic means under clause (

a) or (

b) is deemed for all purposes under this Act to be present in person at the meeting.

(2) Meetings that are not held entirely by electronic means must be held at a location within the municipality in which the units are located, unless an ordinary resolution to hold the meetings in another location is passed at a general meeting of the corporation. RSA 2000 cC-22 s31;2014 c10 s21;2021 c3 s3 Bylaws Bylaws 32(1) The bylaws shall regulate the corporation and provide for the control, management and administration of the units, the real and personal property of the corporation, the common property and managed property.

(2) The owners of the units and anyone in possession of a unit are bound by the bylaws.

(3) Any bylaw may be amended, repealed or replaced by a special resolution.

(4) An amendment, repeal or replacement of a bylaw does not take effect until (

a) the corporation files a copy of it with the Registrar, and

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Section 32.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 46 (

b) the Registrar has made a memorandum of the filing on the condominium plan.

(5) No bylaw operates to prohibit or restrict the devolution of units or any transfer, lease, mortgage or other dealing with them or to destroy or modify any easement implied or created by this Act.

(6) The bylaws bind the corporation and the owners to the same extent as if the bylaws had been signed and sealed by the corporation and by each owner and contained covenants on the part of each owner with every other owner and with the corporation to observe and perform all the provisions of the bylaws.

(7) Repealed 2014 c10 s22. RSA 2000 cC-22 s32;2014 c10 s22 Rules 32.1(1) Subject to the regulations, the board may, by resolution, make, amend or repeal rules respecting procedures used in the administration of the corporation or the real and personal property of the corporation, the common property and managed property.

(2) The rules must be reasonable and consistent with this Act, the regulations and the bylaws.

(3) The rules must not restrict the uses of units.

(4) Subject to the regulations, the board must inform owners and tenants of any rules made, amended or repealed.

(5) If a rule or a proposed rule is inconsistent with this Act, the regulations or the bylaws, this Act, the regulations or the bylaws, as the case may be, prevail. 2014 c10 s23 Initial bylaws 33 On the registration of a condominium plan, the bylaws of the corporation are the bylaws set out in the regulations, and those bylaws remain in force in respect of that corporation until they are repealed or replaced by special resolution.

RSA 2000 cC-22 s33;2014 c10 s24 Application of initial bylaws to pre-existing corporations 34 Notwithstanding that, immediately before the coming into force of this section, a corporation was regulated by the bylaws set out in Appendix 1 or 2 of the Condominium Property Act as it read immediately before the coming into force of this section, that corporation is deemed on the coming into force of this

section to be regulated by the bylaws set out in the regulations. RSA 2000 cC-22 s34;2014 c10 s24

RSA 2000

Section 34.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 47 Conflict with bylaws 34.1(1) If there is a conflict between a bylaw and this Act or the regulations, this Act or the regulations, as the case may be, prevail. (2),

(3) Repealed 2024 c20 s1(17). 2014 c10 s25;2024 c20 s1(17) Sanctions for failure to comply with bylaws 35(1) A corporation may by bylaw establish monetary or other sanctions that may be imposed on owners, tenants and occupants who fail to comply with the bylaws.

(2) A bylaw under which sanctions may be imposed must (

a) set out the sanctions that may be imposed, and (

b) in the case of monetary sanctions, set out the amount of the monetary sanctions or the range of monetary sanctions that may be imposed.

(3) A bylaw under which sanctions may be imposed may be general or specific in its application.

(4) A sanction imposed under a bylaw made under this

section must be reasonable in the circumstances for which it is imposed.

(5) Where a person fails to abide by a sanction or to pay to the corporation a monetary sanction imposed under a bylaw, the corporation may proceed under

section 36 to enforce the sanction.

(6) A sanction may not be imposed that has the effect of prohibiting or restricting the devolution of units or any transfer, lease, mortgage or other dealing with the units, or of destroying or modifying any easement implied or created by this Act.

(7) A monetary sanction imposed under a bylaw made under this

section must not exceed the amount prescribed by the regulations. RSA 2000 cC-22 s35;2014 c10 s26 Restriction on monetary sanctions 35.1 A corporation may impose a monetary sanction on an owner, tenant or occupant only where authorized by this Act, the regulations or the bylaws. 2014 c10 s26 Enforcement of sanctions 36(1) If a person fails to comply with a sanction or to pay a monetary sanction imposed pursuant to a bylaw, the corporation may, in respect of the contravention,

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Section 36

Chapter C-22 CONDOMINIUM PROPERTY ACT 48 (

a) take proceedings under

Part 4 of the Court of Justice Act and the regulations under that Act to recover from the person (

i) a monetary sanction, or (ii) damages, in the case of any other sanction, in an amount not exceeding the amount that may be granted in damages under the Court of Justice Act and the regulations under that Act, or (

b) take proceedings in the Court of King’s Bench to recover from the person (

i) a monetary sanction, or (ii) damages, in the case of any other sanction.

(2) In an action under subsection (1), the corporation must establish to the satisfaction of the court hearing the matter that (

a) the bylaws relating to the matter before the court were properly enacted, and (

b) the bylaw for which the sanction was imposed was contravened by the defendant.

(3) On hearing the matter, the court may do one or more of the following: (

a) give judgment against the defendant in the amount being sued for or any lesser amount as appears appropriate in the circumstances; (

b) in the case of proceedings taken in the Court of King’s Bench, grant injunctive or other relief that the Court considers appropriate in the circumstances; (

c) dismiss the action; (

d) make an award as to costs as appears appropriate in the circumstances.

(4) For the purposes of an action commenced under subsection (1)(a)(ii) or (b)(ii), once the court is satisfied that the requirements of subsection (2) have been met, damages are deemed to have been suffered by the corporation.

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Chapter C-22 CONDOMINIUM PROPERTY ACT 49

(5) Where a corporation takes proceedings under this section, it is entitled to claim from the defendant the corporation’s legal expenses incurred in respect of the proceedings.

(6) For the purposes of subsection (2)(a), a copy of a bylaw that is certified by the Registrar as being a true copy of the bylaw filed at the land titles office is proof, in the absence of evidence to the contrary, (

a) of the contents of the bylaw, and (

b) that the bylaw was properly enacted.

(7) An action taken against a person under this

section does not restrict, limit or derogate from any other remedy that an owner or the corporation may have against that person.

(8) A caveat in respect of a monetary sanction or other debt to a corporation, other than a contribution under

section 39, may be registered against the certificate of title of a unit only pursuant to a writ of enforcement. RSA 2000 cC-22 s36;2014 c10 s27;2015 c12 s7; AR 217/2022; AR 75/2023 Powers and Duties of Corporation Control and management 37(1) A corporation is responsible for the enforcement of its bylaws and the control, management and administration of its real and personal property, the common property and managed property.

(2) Without restricting the generality of subsection (1), the duties of a corporation include the following: (

a) to keep in a state of good and serviceable repair and properly maintain the real and personal property of the corporation, the common property and managed property; (

b) to comply with notices or orders by any municipal authority or public authority requiring repairs to or work to be done in respect of the parcel.

(3) A corporation may by a special resolution acquire or dispose of an interest in real property.

(4) A corporation may, subject to the regulations, borrow money for the purpose of carrying out the powers and duties of the corporation under this section.

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Chapter C-22 CONDOMINIUM PROPERTY ACT 50

(5) Money borrowed by the corporation under subsection (4) must be used only for the purpose for which it was borrowed. RSA 2000 cC-22 s37;2014 c10 s28 Reserve fund 38(1) Subject to the regulations, a corporation shall, from funds levied under

section 39(1)(

a) or under

section 39.1, establish and maintain a reserve fund that is reasonably sufficient to provide for major repairs and replacement of the following, where the repair or replacement is of a nature that does not normally occur annually: (

a) any real and personal pr operty of the corporation; (

b) the common property; (

c) managed property.

(1.01) Notwithstanding subsection (1), funds from the reserve fund may be used for (

a) a reserve fund study and reserve fund report required by the regulations, (

b) any other report prepared by an expert examining the condition of the real and personal property of the corporation, the common property and managed property, and (

c) any other purpose provided for in the regulations.

(1.1) If, before the coming into force of subsection (1)(

c) as enacted by

section 1(2)(

a) of the Statutes Amendment Act, 2013, a corporation was required by bylaw to repair and replace property of an owner of a bare land unit, the collection and expenditure of funds to repair and replace that property are valid if (

a) the collection and expenditure occurred on or after the date the bylaw took effect under this Act, and (

b) the collection and expenditure would have been in compliance with subsection (1) if subsection (1)(

c) as enacted by

section 1(2)(

a) of the Statutes Amendment Act, 2013 had been in force at the time the collection and expenditure occurred.

(2) Notwithstanding subsection (1), funds shall not be taken from a reserve fund for the purpose of making capital improvements unless

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Section 38.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 51 (

a) the removal of funds for th at purpose is authorized by a special resolution or is necessary to maintain property referred to in subsection (1) to comply with health, building and maintenance and occupancy standards as required by law, and (

b) there will be sufficient funds remaining in the reserve fund to meet the requirements of subsection (1).

(3) The money in the capital replacement reserve fund of the corporation is an asset of the corporation and no part of that money shall be refunded or distributed to any owner of a unit except where the owners and the property cease to be governed by this Act.

(4) For the purposes of this

section and

section 39.1, the following are not capital improvements: (

a) the replacement of existing real and personal property of the corporation, the common property or managed property with (

i) the contemporary equivalent of an obsolete property, or (ii) a lower cost equivale nt of the existing property; (

b) any other replacement prescribed by the regulations. RSA 2000 cC-22 s38;2013 c10 s1;2014 c10 s29 Operating account 38.1 Subject to the regulations, a corporation shall, from funds levied under

section 39(1)(

a) or (c), establish and maintain an operating account to be used to provide sufficient funds for (

a) the control, management and administration of the real and personal property of the corporation, the common property and managed property, and (

b) the payment of any other obligation of the corporation, that are not required to be paid out of the reserve fund. 2014 c10 s30;2024 c20 s1(19) Contributions 39(1) A board may, by resolution, determine from time to time the following to be levied as contributions: (

a) for the purposes of the operating account and the reserve fund, amounts levied on the owners at regular intervals

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Section 39.01

Chapter C-22 CONDOMINIUM PROPERTY ACT 52 (

i) in proportion to the unit factors of the owners’ respective units, or (ii) subject to the regulations, and if provided for in the bylaws, on a basis other than in proportion to the unit factors of the owners’ respective units; (

b) amounts levied against owners as chargebacks under

section 39.01; (

c) a special levy in accordance with

section 39.1.

(2) Subject to the regulations, a contribution may include reasonable and relevant administrative costs and legal fees, including expenses and interest, incurred by the corporation.

(3) A contribution shall not include (

a) any amount for the purpose of collecting from an individual owner a monetary sanction under a bylaw made under

section 35(1), or (

b) any other prescribed amount. RSA 2000 cC-22 s39;2013 cS-19.3 s3;2014 c10 s30;2024 c20 s1(20) Chargebacks 39.01(1) Subject to subsections (2) and (3) and the regulations, and if provided for in the bylaws, a chargeback may be levied on an owner to recover the corporation’s costs when

an act or omission by the owner or an occupant, or a person or persons for whom the owner or occupant is responsible, requires the corporation to repair, replace, maintain or protect any unit, real and personal property of the corporation or common property affected by that act or omission, as the case may be.

(2) The amount of a chargeback levied under subsection (1) may include the actual costs and any reasonable related service costs incurred by the corporation to repair, replace, maintain or protect any affected unit, real and personal property of the corporation or common property.

(3) The amount levied under subsection (1) shall be the lesser of (

a) the amount of the actual cost s and reasonable related service costs referred to in subsection (2), and (

b) the deductible limit of the insurance policy held by the corporation, regardless of whether or not an insurance claim is made in respect of the act or omission referred to in subsection (1).

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Chapter C-22 CONDOMINIUM PROPERTY ACT 53

(4) An owner may dispute a chargeback levied under this

section in accordance with the regulations. 2024 c20 s1(20) Special levy 39.1(1) A resolution of the board under

section 39(1)(

c) to approve a special levy must set out the following: (

a) the purpose of the levy; (

b) the total amount to be levied; (

c) either (

i) the method of determining each unit’s proportionate share of the levy by unit factor, or (ii) subject to the regulations, and if provided for in the bylaws, the method for determining each unit’s share of the levy on a basis other than the unit factors of the owners’ respective units; (

d) the date by which the levy is to be paid or, if the levy is payable in instalments, the dates by which the instalments are to be paid.

(2) A special levy may be levied to raise money (

a) for the payment of unexpected and urgent maintenance, repair or replacement of the real and personal property of the corporation, common property or managed property, (

b) to cover unexpected shortfalls in the operating account, (

c) to increase the balance of the reserve fund to meet the requirements in a reserve fund plan required under the regulations, (

d) subject to subsection (3), for the payment of a capital improvement, (

e) to satisfy a judgment against the corporation, or (

f) for any other purpose provided for in the regulations.

(3) If the purpose of the special levy is for the making of a capital improvement, a special resolution is required before the board may approve the special levy.

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Section 39.2

Chapter C-22 CONDOMINIUM PROPERTY ACT 54

(4) As soon as possible after the passing of a resolution referred to in subsection (1), the board must inform each owner of the following: (

a) the purpose of the levy; (

b) the total amount of the levy; (

c) the method used to determ ine each unit’s share of the levy; (

d) the amount of the owner’s unit’s share of the levy; (

e) the date by which the levy is to be paid or, if the levy is payable in instalments, the dates by which the instalments are to be paid.

(5) If the amount collected exceeds the amount required or for any other reason is not fully used for the purpose set out in the resolution referred to in subsection (1), the corporation must pay the money into the reserve fund. 2014 c10 s30;2024 c20 s1(21) Payment and enforcement of contributions 39.2(1) A contribution is due and payable on the passing of a resolution by the board under

section 39 in accordance with the terms of the resolution of the board.

(2) A contribution referred to in subsection (1), and any interest charged under

section 40, may be recovered by an action for debt by the corporation (

a) from a person who was an owner at the time when the resolution of the board was passed, and (

b) from a person who was an owner at the time when the action was instituted, both jointly and severally.

(3) Where a contribution, including any interest owing, is not paid by the owner, the mortgagee may pay any amount owing in respect of that contribution and add that amount to the amount owing to the mortgagee under the mortgage.

(4) Where (

a) a person other than the owner is in possession of a unit and pays rent to the owner in respect of the unit, and

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Section 39.2

Chapter C-22 CONDOMINIUM PROPERTY ACT 55 (

b) contributions, including any interest owing in respect of that unit, are in arrears, the corporation may require the person in possession of the unit to pay the rent owing to the owner in respect of that unit to the corporation so that that rent can be applied against the contributions, including any interest owing, that are in arrears.

(5) Where a person in possession of a unit other than the owner pays the rent to the corporation under subsection (4), that person is deemed to have paid that rent to the owner.

(6) A corporation may file a caveat against the certificate of title to an owner’s unit for the amount of a contribution levied on the owner and interest payable but unpaid by the owner.

(7) On the filing of the caveat under subsection (6), the corporation has a charge against the unit equal to the unpaid contributions and any interest owing.

(8) On and from the date of filing of the caveat, a charge under subsection (7) has the same priority as a mortgage under the Land Titles Act and may be enforced in the same manner as a mortgage.

(9) The Dower Act and

Part 10 of the Civil Enforcement Act do not apply to proceedings under subsection (8).

(10) If a corporation has filed a caveat under this section, the corporation shall withdraw the caveat on the payment to it of the amount of the charge.

(11) Notwithstanding subsection (8), if (

a) a corporation has filed a caveat under this section, (

b) subsequent to the caveat’s being filed another person gains title to the unit pursuant to (

i) a foreclosure action, (ii) an action for sp ecific performance, or (iii) a tax recovery proceeding under the Municipal Government Act, and (

c) an amount remains owing to the corporation with respect to the contribution and interest for which the caveat was filed,

RSA 2000

Section 40

Chapter C-22 CONDOMINIUM PROPERTY ACT 56 the caveat remains registered against the certificate of title of the unit until the amount owing is paid to the corporation. 2014 c10 s30;2024 c20 s1(22) Interest on outstanding accounts 40(1) A corporation may charge interest on any unpaid balance of a contribution owing to it by an owner.

(2) Notwithstanding subsection (1), the rate of interest charged under subsection (1) is not to be greater than the rate of interest provided for by regulation. RSA 1980 cC-22 s32;1996 c12 s33;2000 c11 s9 41 Repealed 2014 c10 s31. Recovery of costs 42 Where a corporation takes any steps to collect any amount owing under

section 39, the corporation may (

a) recover from the person against whom the steps were taken all reasonable costs, including legal expenses and interest, incurred by the corporation in collecting the amount owing, and (

b) if a caveat is registered against the title to the unit, recover from the owner all reasonable prescribed expenses incurred by the corporation with respect to the preparation, registration, enforcement and discharge of the caveat. RSA 2000 cC-22 s42;2014 c10 s32 Investments 43 Subject to

section 37(3) and the regulations, a corporation may invest any funds not immediately required by it only in accordance with the regulations. RSA 2000 cC-22 s43;2001 c28 s6;2006 c9 s7; 2014 c10 s33 Trust money 43.1(1) Where the corporation or any person is in receipt of money paid to or for the benefit of the corporation, that money and all the proceeds arising from that money are (

a) legally and beneficially owned by the corporation, and (

b) deemed to be held in trust for the performance of the duties and obligations in respect of which the payment was made.

(2) Where the corporation is in receipt of money referred to in subsection (1), the corporation shall

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Section 43.2

Chapter C-22 CONDOMINIUM PROPERTY ACT 57 (

a) except as otherwise author ized in writing pursuant to a resolution of the board, (

i) deposit all the money into a separate account at a bank, trust corporation, credit union or treasury branch within 3 days, exclusive of holidays and Saturdays, from the day that the corporation received the money, and (ii) designate the account as a trust account registered in the name of the corporation, and (

b) keep all trust money intact and not withdraw, convert, direct, borrow or commingle that trust money, other than pursuant to a resolution referred to in clause (a). 2014 c10 s34 Estoppel certificate 43.2(1) On the written request of an owner, purchaser or mortgagee or the solicitor of an owner, purchaser or mortgagee, or a person authorized in writing by an owner, purchaser or mortgagee, the corporation shall, within 10 days after receiving the request, provide a certificate certifying all of the following in respect of all units owned by that owner: (

a) the amount of any contribution payable by the owner; (

b) the frequency at which contributions are payable; (

c) the amount of contributions payable that is in arrears, if any; (

d) the amount of interest owing, if any, on any unpaid balance of a contribution; (

e) any other information required by the regulations.

(2) A certificate provided under subsection (1) is conclusive proof of the matters certified in it in favour of the person requesting the certificate in respect of the relevant unit or units as of the date of the certificate. 2014 c10 s34;2024 c20 s1(24) Information and documents on request 44(1) On the written request of an owner, purchaser or mortgagee or the solicitor of an owner, purchaser or mortgagee, or a person authorized in writing by any of those persons, the corporation shall, within 10 days after receiving the request, provide to the person making the request any prescribed information or documents as requested by that person.

RSA 2000

Section 44.1

Chapter C-22 CONDOMINIUM PROPERTY ACT 58

(2) The corporation may provide any prescribed information or documents requested under subsection (1) in electronic form unless the person requesting the information or documents specifically requests that they be provided in paper form. RSA 2000 cC-22 s44;2008 c43 s2;2014 c10 s35 Fees for information or documents 44.1 A corporation may, where authorized by regulation, charge fees in the prescribed amount for producing and providing any prescribed information or documents requested under

section 44 or otherwise required to be provided under this Act or the regulations. 2014 c10 s35 Retention of documents 44.2 A corporation shall retain any prescribed documents for at least the period of time prescribed in relation to that document. 2014 c10 s35 Inspection of records by mortgagee 45 On 10 days’ written notice to a corporation, a mortgagee may inspect one or more of the following: (

a) the records pertaining to the management or administration of the corporation; (

b) the minutes of meetings of the board of directors of the corporation; (

c) the minutes of any general or similar meeting of the owners. 1996 c12 s37 46 Repealed 2014 c10 s36. Insurance Insurance 47(1) Subject to the regulations, a corporation (

a) where a building is divided into units, shall place and maintain insurance on the units, other than improvements made to the units by the owners, and the common property against loss resulting from destruction or damage caused by any peril prescribed by or otherwise required by the regulations to be insured against, (

b) where a parcel is divided into bare land units, shall place and maintain insurance on the common property against loss resulting from destruction or damage caused by any peril prescribed by or otherwise required by the regulations to be insured against,

RSA 2000

Section 47

Chapter C-22 CONDOMINIUM PROPERTY ACT 59 (

c) shall, if required to do so by bylaw, place and maintain insurance on the improvements made to the units by the owners against loss resulting from destruction or damage caused by any peril prescribed by or otherwise required by the regulations to be insured against, and (

d) may place and maintain insurance on the units and the common property, or either of them, against additional perils other than those required to be insured against under clauses (a), (

b) and (c), and for that purpose the corporation has an insurable interest in the units and the common property.

(2) Notwithstanding subsection (1)(b), a corporation is not required to place and maintain insurance against perils to which the common property is not subject.

(3) In complying with subsection (1), the corporation must place and maintain insurance for replacement cost value that provides that if (

a) the insured property is destroyed or damaged, and (

b) that property is replaced or repaired, no deduction shall be made from the settlement for depreciation to the property.

(4) If a corporation places insurance under subsection (1)(d), it may continue that insurance unless it is prohibited from doing so by a resolution passed at a properly convened meeting of the corporation.

(5) Any payment by an insurer under a policy of insurance for the destruction of or damage to a unit or the common property must, notwithstanding the terms of the policy, (

a) be paid to the insurance trustee designated in the bylaws or, if the bylaws do not designate an insurance trustee, to the corporation, and (

b) be used forthwith, subject to sections 59 and 60, for the replacement or repair of the insured property that was destroyed or damaged.

(6) Notwithstanding the Insurance Act or any policy of insurance, if insurance is placed by a corporation and an owner against the loss resulting from destruction of or damage to the units or the common property,

RSA 2000

Section 48

Chapter C-22 CONDOMINIUM PROPERTY ACT 60 (

a) the insurance placed by the co rporation is deemed to be first loss insurance, and (

b) the insurance placed by the ow ner of a unit in respect of the same property that is insured by the corporation is deemed to be excess insurance.

(7) In addition to placing and maintaining insurance under subsection (1), a corporation shall place and maintain insurance against the following: (

a) any liability incurred by a me mber of the board or an officer of the corporation arising out of any action or omission of the member or officer with respect to carrying out the functions and duties of a member or officer except as a result of a failure to comply with

section 28(2); (

b) any liability incurred by the corporation arising out of any action or omission of a member of the board or an officer of the corporation with respect to carrying out the functions and duties of a member or officer; (

c) any liability incurred by the corporation arising out of a breach of duty as the occupier of the common property; (

d) any liability incurred by the corporation arising out of the ownership, use or operation of any machinery, equipment, pressure vessels and vehicles. RSA 2000 cC-22 s47;2014 c10 s37;2024 c20 s1(25) Notification of insurance coverage changes 48 A corporation shall, when there is a change in one or more of the following matters with respect to the corporation’s insurance policy, provide each owner with written notice of the change and a copy of the insurance certificate reflecting the change within 30 days of the date the corporation receives the insurance certificate: (

a) the amount of the deductible payable in the event of a claim; (

b) the replacement value of the coverage; (

c) any addition to permitted exclusions; (

d) any other matter prescribed in the regulations. RSA 2000 cC-22 s48;2014 c10 s38

RSA 2000

Section 49

Chapter C-22 CONDOMINIUM PROPERTY ACT 61 Dispositions of Real Property of the Corporation or Common Property Disposition of common property 49(1) By a special resolution a corporation may be directed to transfer or lease the real property of the corporation or the common property, or any part of it.

(2) When the board is satisfied that the special resolution was properly passed and the requirements of the regulations have been complied with, the corporation shall execute the appropriate transfer or lease.

(3) A transfer or lease executed in accordance with subsection (2) is valid and effective without execution by any person having an interest in the common property, and the receipt of the corporation for the purchase money, rent, premiums or other money payable to the corporation under the terms of the transfer or lease is a sufficient discharge of and exonerates the persons taking under the transfer or the lease from any responsibility for the application of the money expressed to have been so received.

(4) The Registrar shall not register a transfer or lease authorized under this

section unless it has endorsed on it or is accompanied with a certificate under the seal of the corporation stating (

a) that the special resolution was properly passed, (

b) that the transfer or lease co nforms with the terms of it, and (

c) that the requirements of the regulations have been complied with.

(5) The certificate referred to in subsection (4) is, (

a) in favour of a purchaser or lessee of the common property, or part of it, and (

b) in favour of the Registrar, conclusive proof of the facts stated in the certificate.

(6) On the filing for registration of a transfer of common property, the Registrar (

a) shall, before issuing a certificate of title, amend the condominium plan by deleting from it the common property comprised in the transfer, and

RSA 2000

Section 50

Chapter C-22 CONDOMINIUM PROPERTY ACT 62 (

b) shall register the transfer by issuing to the transferee a certificate of title for the land transferred, but no notification of the transfer shall be made on any other certificate of title in the register.

(7) On the filing for registration of a lease of common property, the Registrar shall register the lease by noting it on the condominium plan in the manner prescribed by the regulations. RSA 2000 cC-22 s49;2014 c10 s40 Exclusive use areas 50(1) Notwithstanding sections 37(3) and 49, a corporation may, by means of a bylaw, lease, licence or other instrument, grant an owner the right to exercise exclusive possession in respect of an area of the real property of the corporation or the common property.

(2) A grant of the right to exercise exclusive possession may be withdrawn according to the terms of the bylaw, lease, licence or other instrument referred to in subsection (1).

(3) Where the corporation grants a right to exercise exclusive possession under subsection (1), the corporation may require the owner, under the bylaw, lease, licence or other instrument, to maintain and repair the area of the real property of the corporation or the common property that is the subject of the grant.

(4) Despite subsection (3), where an owner fails to maintain or repair the area of the real property of the corporation or common property in compliance with the requirements under subsection (3), the corporation may carry out the necessary maintenance or repairs.

(5) A corporation may recover from an owner by an action in debt any reasonable costs it has incurred (

a) for the purposes of maintenance or repairs under subsection (4), (

b) pursuant to the regulations, or (

c) as required by a municipal authority or other public authority in respect of the area of the real property of the corporation or the common property that is the subject of a grant to the owner of the right to exercise exclusive possession under subsection (1). RSA 2000 cC-22 s50;2014 c10 s41;2020 c23 s3

RSA 2000

Section 51

Chapter C-22 CONDOMINIUM PROPERTY ACT 63 Covenants benefiting parcel 51 By a special resolution a corporation may be directed to accept on behalf of the owners a grant of easement or a restrictive covenant benefiting the parcel. RSA 1980 cC-22 s42;1996 c12 s59 Procedure for granting restrictive covenants 52(1) By a special resolution a corporation may be directed to execute on behalf of the owners a grant of easement or a restrictive covenant burdening the parcel.

(2) By a special resolution a corporation may be directed to execute on behalf of the owners a surrender of an easement or a restrictive covenant that was granted under subsection (1).

(3) When the board is satisfied that the special resolution was properly passed and the requirements of the regulations have been complied with, the corporation shall execute the appropriate instrument to grant the easement or covenant.

(4) An instrument granting an easement or covenant executed in accordance with subsection (3) is valid and effective without execution by any person having an interest in the parcel, and the receipt of the corporation is a sufficient discharge of and exonerates all persons taking under the instrument from any responsibility for the application of the money expressed to have been so received.

(5) The Registrar shall not register an instrument granting an easement or covenant authorized under this

section unless it has endorsed on it or is accompanied with a certificate under the seal of the corporation stating that the special resolution was properly passed and that the requirements of the regulations have been complied with.

(6) The certificate referred to in subsection (5) is, (

a) in favour of a person dealing with the corporation under this section, and (

b) in favour of the Registrar, conclusive proof of the facts stated in the certificate.

(7) The Registrar shall register the instrument granting the easement or covenant by noting it on the condominium plan in the manner prescribed by the regulations. RSA 2000 cC-22 s52;2014 c10 s42

RSA 2000

Section 53

Chapter C-22 CONDOMINIUM PROPERTY ACT 64 Rental of Units Rental of units 53(1) An owner of a unit shall not rent the owner’s unit until the owner has given written notice to the corporation of the owner’s intention to rent the unit, setting out (

a) the address at which the ow ner may be served with a notice given by the corporation under

section 54 or an application or order referred to in

section 55 or 56, and (

b) the amount of rent to be charged for the unit.

(2) If an owner of a unit rents the owner’s unit it is a condition of that tenancy, notwithstanding anything in the tenancy agreement, that any person in possession of that unit shall not (

a) cause damage to the real or personal property of the corporation or the common property, or (

b) contravene the bylaws.

(3) The corporation may require an owner who rents the owner’s unit to pay to and maintain with the corporation a deposit that the corporation may use for (

a) the repair or replacement of the real and personal property of the corporation or of the common property, and (

b) the maintenance or repair of any area of the common property that is the subject of a grant to the owner of the right to exercise exclusive possession under

section 50(1), that is damaged, destroyed, lost or removed, as the case may be, by any person in possession of the rented unit.

(4) A deposit referred to in subsection (3) shall not exceed the prescribed amount and shall be held and repaid along with interest earned, if any, as prescribed.

(5) The owner of a unit shall give the corporation written notice of the name of the tenant renting the unit within 20 days from the commencement of the tenancy.

(6) Within 20 days after ceasing to rent the owner’s unit, the owner shall give the corporation written notice that the owner’s unit is no longer rented.

(7) A corporation shall, within 20 days after receiving a written notice under subsection (6),

RSA 2000

Section 54

Chapter C-22 CONDOMINIUM PROPERTY ACT 65 (

a) return the deposit and interest earned, if any, to the owner, (

b) if the corporation has made use of the deposit for one or more of the purposes referred to under subsection (3), deliver to the owner (

i) a statement of account showing the amount used and interest earned, if any, and (ii) the balance of the deposit not used, if any and interest earned, if any, or (

c) if the corporation is entitled to make use of the deposit but is unable to determine the amount of the deposit that it will use, deliver to t

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cC-22
Type	statute
Volume / chapter	RSA 2000 cC-22
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9b6eadcdddad310eb36fee5432a25e43d8d69f5d

Source file is stored in the law ingest library (pdf).