Termination of
Condominium
60 Termination
of condominium
61 Application
for termination of condominium
62 Effect
of termination of condominium
63 Sale
of property
Dissolution of
Corporation
64 Dissolution
of corporation
Assessment and
Taxation
65 Liability
of corporation
Miscellaneous
66 Petition
to Court
67 Court
ordered remedy
68 Variation
of order
69 Alternate
dispute resolution
70 Right
of entry
71 Service
72 Service
of notices
73 Change
of address for service
74 Fees
for documents
75 Dower
Act
76 Civil
Enforcement Act
77 Writ
of enforcement
78 Builders’ Lien Act
79 Offences
and penalties
80 Application
of Act
81 Regulations
Appendixes
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “architect”
means
(i) a registered architect, visiting project architect or architects
corporation, or
(ii) a joint firm or an architects and engineers firm,
as defined in the Architects Act;
(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;
(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 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;
(h) “corporation”
means a body incorporated by section 25;
(i) “Court”
means the Court of Queen’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;
(k) “engineer”
means
(i) a professional engineer registered or licensed under the Engineering, Geological and Geophysical
Professions Act, or
(ii) a holder of a permit issued under the Engineering, Geological and Geophysical Professions Act, if that
holder is authorized to engage in the practice of engineering;
(l) “land
surveyor” means an Alberta 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;
(n) “management
agreement” means an agreement entered into by a corporation governing the
general control, management and administration of
(i) the real and personal property of the corporation, and
(ii) the common 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
(i) passed at a properly convened 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 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 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;
(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;
(v) “recreational
agreement” means 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;
(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 convened 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;
(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;
(z) “unit
factor” means the unit factor for a unit as specified or apportioned in
accordance with section 8(1)(j) or 20(6), 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 1980 cC‑22
s1;1983 c71 s2;1994 cG‑8.5 s94;
1995 c24 ss99(3),100;1996 c12 s2;2000 c11 s2
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 parcel 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 the parcel that
contains a unit contains 2 or more units.
1983 c71 s3;1995 c24
s100
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.
(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.
(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 surface 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 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 which 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,
(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 1980 cC‑22
s6;1983 c71 s5;1995 c24 s100;1996 c12 s4
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 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),
(a) all
doors and windows of a unit 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 unit that are located on exterior walls of the unit are
part of the common property unless otherwise stipulated in the condominium
plan.
(3) For
the purposes of subsection (2), a reference
(a) to
a door includes the door, 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) and (2), 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 1980 cC‑22
s7;1996 c12 s5
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 shown on the plan that is to contain units,
(i) a certificate of an architect, an engineer or a 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 post tensioned cables
located anywhere on or within that building or the property on which that
building is located,
and
(ii) a certificate of the municipal authority or of a person
designated by the municipal authority stating that the proposed division of the
building, as illustrated in the plan, has been approved by the municipal
authority.
(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 1980 cC‑22
s8;RSA 1980 cA‑44.1 s77;1981 cE‑11.1 s88;
1981 cL‑4.1 s77;1983 c71 s6;1996 c12 s6;2000 c11 s4
Sale of Units by
Developers
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
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
bylaws or proposed bylaws,
(c) any
management agreement or proposed management agreement,
(d) any
recreational agreement or proposed recreational agreement,
(e) the
lease of the parcel, if the parcel on which the unit is 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),
(f) any
mortgage that affects or proposed mortgage that will affect the title to the
unit or proposed unit or, in respect of that mortgage or proposed mortgage, a
notice prescribed under subsection (2), and
(g) the
condominium plan or proposed condominium plan.
(2) A
developer may deliver to the purchaser in respect of a mortgage or proposed
mortgage a written notice stating
(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, and
(f) the
prepayment privileges, if any.
(3) Subject
to subsection (4), a purchaser who purchases a residential unit pursuant to
this section may, by providing written notice to the developer and without
incurring any liability for doing so, rescind the purchase agreement within 10
days from the date the purchase agreement was executed by the parties to it.
(4) A
purchaser may not rescind the purchase agreement under subsection (3) if all
the documents required to be delivered to the purchaser under subsection (1)
have been delivered to the purchaser not less than 10 days prior to the
execution of the purchase agreement by the parties to it.
(5) If
a purchase agreement is rescinded under subsection (3), the developer shall,
within 10 days from the developer’s receipt of a written notice by the
purchaser of the rescission, return to the purchaser all of the money paid in
respect of the purchase of the residential unit.
(6) A developer shall provide to a purchaser of a
unit prior to or at the time that the purchaser takes possession of the unit or
proposed unit an occupancy permit or permission in writing to occupy the unit
or proposed unit that is issued or given pursuant to the regulations under the Safety Codes Act.
RSA 1980 cC‑22
s9;1996 c12 s8
Rescission of purchase
agreement
13 Every developer who enters into a purchase
agreement shall include in the purchase agreement the following:
(a) a
notification that is at least as prominent as the rest of the contents of the
purchase agreement and that is printed on the outside front cover or on the
first page of the purchase agreement in bold face, in upper case and in larger
print than the rest of the purchase agreement stating as follows:
“The purchaser may,
without incurring any liability for doing so, rescind this agreement within 10
days after its execution by the parties to it unless all of the documents
required to be delivered to the purchaser under section 12 of the Condominium Property Act have been
delivered to the purchaser not less than 10 days prior to the execution of this
agreement by the parties to it.”;
(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,
(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
used by the persons residing in or on the residential units,
(v) the equipment to be used for the maintenance of the common
property,
(vi) the location of roadways, walkways, fences, parking areas and
recreational facilities,
(vii) the landscaping, and
(viii) where there is a building, the exterior finishing of the
building,
as they will exist when the
developer has fulfilled the developer’s obligations under the purchase
agreement;
(c) the
amount or estimated amount of the monthly unit contributions that has been
determined on a reasonable economic basis in respect of the unit;
(d) the unit factor of the unit and the basis of
unit factor apportionment for all units comprised in the condominium plan.
RSA 2000 cC‑22
s13; 2002 c30 s3
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 common 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,
(ii) a facility providing for reasonable access to or entrance into
the unit,
(iii) a facility providing for 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
