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In recent years, the Province of Alberta has seen extensive growth in the development of condominium projects. The growth in this segment of the construction industry has resulted in a diverse and complex area of legal practice known as condominium law. At Field Law, we have several experienced lawyers able to assist clients in this kind of law.
We offer condominium development services to clients of every size, including the financing, development, construction, marketing, and administration of commercial, residential, and mixed-use condominiums. Our services apply to many varieties of condominium developments, including conventional condominiums, bare land condominiums, conversions, phased condominium developments, "barely blended" developments and those condominium developments that may be a mix of any of the foregoing.
Field Law helps developers and builders meet the requirements of provincial legislation and the municipal approval process. For example, we are responsible for the preparation of all disclosure documents required to be provided to purchasers in accordance with the Condominium Property Act. Field Law also represents developers in all aspects of the financing of condominium developments, including obtaining partial discharges of such financing as marketing and sales proceed.
At Field Law, we also act for financial institutions in the placing of financing necessary for the construction of condominium projects. On behalf of lenders, we ensure that the financing and ultimate payout of the financing proceeds smoothly.
In addition, our lawyers assist with the transition of the management of condominiums from developers to unit owners. We coordinate and chair turnover meetings in cooperation with developers, management companies and new owners. We also act for owners where the developer does not take sufficient responsibility with respect to the operation of the condominium project prior to turnover.
Our lawyers work with condominium corporations, boards, and management companies in all aspects of condominium management and operation. We educate board members so that they are familiar with their ongoing responsibilities. We assist boards with procedural and governance issues. We help corporations effect bylaw reviews and seek remedies against defaulting developers in the case of newly constructed projects. Field Law also provides advice in the enforcement of bylaws and the collection of arrears in view of relevant case law and statutory requirements. With respect to condominium managers, we help with their interaction with condominium corporations, including the drafting of management agreements and review of management duties and obligations to the boards.
Finally, Field Law also acts for individual unit owners in relation to alleged defaults committed by corporations or in situations where a board or corporation may be guilty of improper conduct. We have acted for shadow boards where elected boards have behaved in such a manner that a shadow board is necessary in order to deal with a current board’s improper behavior.
Many of our lawyers are active members of the Canadian Condominium Institute, North Alberta Chapter, a non-profit organization committed to providing condominium boards, owners and professionals with the knowledge and skills required to properly manage the day-to-day affairs of condominium living.
Our experience is well illustrated through the clients we represent. Below please find a summary of some of our past and present clients:
- A condominium developer in one of the first phased developments in Edmonton and in subsequent phased developments
- A major developer of a bare land recreational condominium on the outskirts of Edmonton
- Major condominium real estate developers with condominium projects in Edmonton, Calgary and other major Alberta centres
- Numerous condominium corporations throughout the province of Alberta