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Stay in the "know" with the most recent developments in Condominiums on our BLOG.


In recent years, the Province of Alberta has seen extensive growth in the development of condominium projects.

As a result, we have developed experience in a variety of areas, including the financing, development, construction, marketing, and administration of commercial, residential, and mixed-use condominiums. Our services apply to many types of condominium development, including conventional condominiums, bare land condominiums, conversions, phased condominium developments, "barely blended" developments and those developments that may be a mix of any of the above.

Field Law helps developers and builders meet the requirements of provincial legislation and the municipal approval process. For example, we are responsible for preparing all disclosure documents required to be provided to purchasers under 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.

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 concerning 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 and 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 line with statutory requirements. For condominium managers, we help with their interaction with condominium corporations, including drafting management agreements and reviewing management duties and obligations to the boards.

Finally, Field Law also acts for individual unit owners in situations where alleged defaults are committed by corporations or 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 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.

Don't miss out! Join our condo email list today and receive alerts, articles, invitations to events and more!

Pascal v Condominium Plan No. 911 1319, 2023 ABCA 223
Duperron v Condo Plan No 792 2641, 2022 ABQB 436
March 15, 2024
People, Pets + Parking: Balancing Reserve Funds + Repair Responsibilities
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguin...
December 8, 2023
Navigating Mental Health Challenges in Multi-Housing Communities
Webinar
Given the increasing mental health challenges facing our communities, it is essential for property managers and condominium boards and to be equipped with the right knowledge and strategies to handle these sensitive situations.Join Field Law's Erin...
November 17, 2023
People, Pets + Parking: A Potpourri Q+A Session for Property Managers
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
September 15, 2023
People, Pets + Parking: Board Member Duties + Dealing with Dysfunction
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for condominium managers, board members and unit owners based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what othe...
September 2023
North Edmonton Condo Evacuation Will Last Months
CTV News Edmonton
Renters and owners with units in an evacuated condo in Castledowns will likely be out of their homes for months. During that time, they're still on the hook for mortgages and condo fees. Erin Berney weighs in on condo ...
July 2023 - 6 min read
Extending the Limitation Period: When Does an Action Warrant Proceeding?
June 2023 - 3 min read
The Cost of Keeping Separate Suites
May 2023 - 2 min read
The Hidden Costs of De-Condominiumizing
May 12, 2023
People, Pets + Parking: Understanding Condo Bylaws vs. Condo Rules
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
April 2023 - 7 min
Know the Limits of Private Information
Edmonton AM with Mark Connolly, Tara McCarthy
A tight rental market in Alberta has led to some landlords asking for a lot of personal information from prospective tenants. CBC heard from some tenants who said landlords they dealt with were asking for their social insurance numbers, copies of drive...
March 17, 2023
People, Pets + Parking: Aging Condominiums - Repair or Terminate?
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
March 2023 - 3 min read
Strict Disclosure Requirements for Purchasing Condominiums
The Court found that a condominium developer's failure to provide a separate "occupancy date statement" was grounds for the purchaser to rescind her purchase agreement and have her deposits returned to her.  ...
January 2023 - 4 min read
Addressing Complaints and Mental Health Issues in Condominiums: Strategies for Board Members
January 2023
Meet Our Newest Partner
Field Law welcomes Erin Berney to its partnership.Field Law is pleased to welcome Erin Berney as a firm partner, starting January 1, 2023.“Erin has done a remarkable job establishing her vibrant law practice and we are happy she has accepted our ...
December 2022 - 5 min read
Aging Condominiums: Repair or Terminate?
December 2, 2022
Legal Obligations of Condo Board Members: Financial Update
Webinar
With the recent dramatic rise in interest rates, it has grown increasingly challenging for condominium corporation boards to understand the implication on their financial obligations.Join Field Law's Erin Berney and Nationa...
November 18, 2022
People, Pets + Parking: A Potpourri Q+A Session for Property Managers
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
September 16, 2022
People, Pets + Parking: Your Condo Building Insurance Questions Answered
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
June 23, 2022
People, Pets + Parking: How to Avoid + Address Pet Problems
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
May 2022 - 6 min read
What Happens if a Condominium Does not Enforce its Bylaws?
May 6, 2022
People, Pets + Parking: Condo Manager Regulation Update
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues ...
April 2022 - 4 min read
Cutting More Red Tape: Long-Awaited Clarity on Legal Costs, Voting for Condominiums
April 8, 2022
Financial Responsibilities of Condo Corporations
With all the legislation changes in recent years, it has grown increasingly challenging for condominium corporation boards to understand their financial responsibilities. How can board members ensure they have the right resources in place to manage the...
April 2022 - 1 min read
Delayed: Alberta Condominium Dispute Resolution Tribunal
March 31, 2022
Legal Costs for Condominium Corporations
Canadian Condominium Institute
Join Erin Berney and Niall Burke from Hendrix Law on March 31st for a CCI Fireside Chat on Legal Costs for Condominium Corporations. They discuss the legalities surrounding legal costs not being considered “contributions” for common ex...
March 2022
Ding Dong! Your Doorbell Camera Must Come Down
Real Estate Magazine
March 2022 - 4 min read
Ding Dong! Your Doorbell Camera Must Come Down
The Court of Queen’s Bench of Alberta recently added to the growing case law on the issue of video surveillance in a decision called Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65. Following a break-in of her main floor unit through th...
January 12, 2022
Condominium Rentals: A Primer for Unit Owners, Condo Boards and Real Estate Practitioners
Canadian Bar Association
December 2021
AGMs The Importance of Proper Notice
Canadian Condominium Institute - Northern Alberta
Has your condominium corporation convened an Annual General Meeting (AGM) since the COVID-19 pandemic began in March 2020? If you’re not a member of your Board of Directors and you answered ‘no’ to that question, you may want to find ...
November 19, 2021
People, Pets + Parking: How to Avoid + Address Parking Issues
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing pr...
November 2021 - 2 minute read
Exemptions Announced for Condo Manager Licensing
November 2021
Annual General Meetings: The Importance of Proper Notice
CCI North Alberta Chapter Magazine
Has your condominium corporation convened an Annual General Meeting (AGM) since the COVID-19 pandemic began in March 2020? Erin Berney addresses this and more in the Fall 2021 edition of the Canadian Condominium Institute North Alberta Chapter Mag...
October 15, 2021
People, Pets + Parking: A Property Manager's Guide to HOAs
Q+A Session
Join Erin Berney and John Gilbert for a special edition of People, Pets + Parking! As it becomes more and more common for condominium Property Managers to also manage Homeowners' Associations (HOAs), it's important to be aware of the simil...
October 2021 - 4 min read
Untangling a Web of Lien Claims
Builders’ liens on condominium projects are commonplace. The large scope of work required and the lack of surety bonding often leaves unpaid subcontractors or suppliers with little recourse in the event of non-payment. In Avli BRC Developments In...
September 17, 2021
People, Pets + Parking: Condo Manager Regulation
Q+A Session
Join Erin Berney and Niall Burke for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property mana...
July 2021
Legal Costs for Condominium Corporations: A Refresher
July 9, 2021
People, Pets + Parking: Pandemic Problems - Part 2
Q+A Session
Join Erin Berney and Niall Burke for the second installment of our complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issue...
April 30, 2021
People, Pets + Parking: Pandemic Problems - Part 1
Q+A Session
Join Erin Berney and Niall Burke for a complimentary new webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property ...
April 24, 2021
Short-Term Rentals: Legal Clarifications + Bylaw Considerations
Alberta Condo Expo 2021
With the development of apps and companies that specialize in direct marketing of short-term rental accommodations, the phenomenon of short term rentals in condominium complexes has become a hot topic. Join lawyer Erin Berney to hear about things to ke...
April 2021 - 3 min read
Saskatchewan Condominium Invests in Bitcoin
Real Estate Blog
March 2021 - 2 min read
Condo Update: Electronic Meetings Now Authorized
Real Estate Blog
March 2021 - 7 min read
Coming Soon? Virtual Meetings for Condominiums
Real Estate Blog
February 2021 - 7 min read
Understanding Board Member Duties: When Condo Boards Fail
Real Estate Blog
November 2020
The Importance of Notice
Real Estate Blog
November 2020
Amending Bylaws by Ordinary Resolution: When is a Conflict a Conflict?
Real Estate Blog
October 2020 - 4 min read
UPDATE – Ministerial Order 009/2020 Expired: Condos Once More Required to Convene AGMs
Real Estate Blog
October 2020 - 2 min read
Asserting Privilege in the Condominium Context
Real Estate Blog
September 16, 2020
Privacy for Condo Corporations: Understanding + Complying with PIPA
Webinar
Condominiums in Alberta are defined as organizations which are subject to the requirements of the Personal Information Protection Act (PIPA). This means that condo corporations must develop and adhere to policies and practices that comply with PIPA whe...
July 2020 - 38 mins
Is Your Condo Safe + Secure?
Presentations
CCI Webinar
June 10, 2020
Condominium Quicksand
Presentations
Edmonton Real Estate Investors Assoc - ZOOM Series
June 2020
Condo Corporations Now Permitted to Access Reserve Funds in “Emergencies”
Real Estate Blog
April 2020 - 4 min read
Suspended: Condo Time Frames and Rights of Entry
Real Estate Blog
April 2020 - 2 min read
No Contractors Allowed: Court Calls Condo Matter “Urgent”
Real Estate Blog
April 2020 - 8 min read
Tackling COVID-19 and Minimizing Risk: Considerations for Alberta Condominium Corporations
Real Estate Blog
March 2020
Convening a Condominium AGM Amid Concerns over COVID-19?
Real Estate Blog
March 2020
Alberta Court Rules Airbnb Rentals are like Hotels, Makes it easier for Condo Boards to Ban Them
Globe and Mail
December 2019
Cutting the Red Tape: New Condo Regulations coming to Alberta January 1, 2020
Real Estate Blog
July 2019
Cutting the Red Tape? New Condo Regulations are on Hold for Further Review
Real Estate Blog
July 2019
Legal Cannabis and Alberta Condominiums
Considerations for Creating Enforceable Bylaw Amendments
The federal government recently passed Bill C-45, an act that legalized personal consumption and cultivation of cannabis in small amounts. This new law, referred to as the Cannabis Act, came into effect on October 17, 2018. In combination with newly in...

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

Question: 

What is a unit factor?

Answer: 

“Unit Factor” is a defined term in Alberta’s Condominium Property Act. It refers to the factor assigned to each unit in a particular corporation, out of 10,000 total units for each condominium corporation (regardless of how many units there are, the total number is the same – 10,000). They are usually apportioned based on the size of the unit (square footage) relative to the total square footage for all the units, but sometimes a developer may divide the unit factors equally between the units, or on some other basis. The unit factor determines a unit’s proportionate liability for condominium fee assessments and special levies, and also correlates with how much weight a vote for that unit will have for special resolutions (e.g. to change the bylaws) and ordinary resolutions in writing. To find out your unit factor, you can look on a copy of your condominium plan (registered with the Land Titles Office), or look on your certificate of title.

Question: 

Is it possible to remove Board members?

Answer: 

In general, Board members are elected to one year terms that expire at each AGM. If owners want to remove members before the expiry of their term, they must usually petition for requisitioning a special general meeting for that purpose. This can be done by preparing a petition clearly stating the purpose of the meeting and obtaining signatures from unit owners who collectively represent at least 1,500 unit factors (15% of the corporation’s total 10,000). On receipt of such a petition, the current Board is required to convene a special general meeting within thirty (30) days. Alternatively, if your corporation is due for an AGM and you know that one will be convened soon, you could simply prepare for that by organizing other owners to nominate you or themselves for positions to the Board in order to force an election. A motion can also be made at the AGM for the removal of Board members whose terms are not expiring (e.g. if they were elected to serve a two-year term and only one year has passed). Court action should (almost always) be a last resort, but it is possible to obtain a court order for this kind of issue in a timely fashion.

Question: 

What happens if someone leaves the board and no residents are willing to join the board?

Answer: 

If all offices on the board were to become vacant for any reason, it is incumbent upon the last vacating board member to call a general meeting as soon as possible to elect a new board. If the last vacating board member is unable to do so, the property manager or corporation’s lawyer should call the meeting. If, at the meeting, there is no one willing to serve on the board, then an administrator must be appointed. Any owner can apply to court for the appointment of an administrator who can make decisions for the corporation. A condominium corporation must have a board of directors to act and speak on its behalf. Appointment of an administrator is a very costly step, that will ultimately be borne by all the owners whose collective unwillingness to serve on the board brought about that result.

Question: 

Why might a condominium decide to terminate?

Answer: 

Large cost associated with repair and maintenance: Condo boards have a duty to maintain and repair the property. Where there is a large repair required but the owner’s might not be able to afford the repair, a condo might consider termination as an alternative to the repair. Termination is a last resort for a condo that cannot reasonably engage in repairs.

Increase in land value: The value of land might increase over time, and it may be a desirable location for developers. In some cases, owners might look at terminating the condominium and selling to a developer.  

Question:

How is a condominium corporation terminated?

Answer: 

There are two methods to terminate a condo:

Special Resolution: A condo corporation can be terminated by passing a special resolution, requiring 75% approval. 

Court Order: An application to terminate the condo can be made to the court. The court will make a decision based on the best interest of the corporation as a whole, and they will look at both economic and non-economic factors. The legal test that will be applied is whether it is “just and equitable” that the condo status be terminated in light of the rights and interests of the owners. 

Question:

What is the difference between condo bylaws and condo rules?

Answer: 

The condo corporation’s bylaws are their constitution, foundational rules, and designed to have a degree of permanence, so they are more difficult to change. Bylaws 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 any managed property.

The condo association’s rules are like regulations, they are easier to create and change/remove, and can be used to address emerging issues and fill in the gaps in the bylaws. Rules are for addressing procedures used by the board in the administration of the corporation, the real and personal property of the corporation, the common property and managed property, but may not restrict the uses of units.

Question:

How are condo bylaws and rules created, enforced, and updated?

Answer: 

Bylaws are created and changed by special resolution of the corporation. Rules are created by the board, and may be changed/rescinded by the corporation using an ordinary resolution. Bylaws can be enforced through imposition of monetary sanctions, while rules cannot. When courts are asked to decide on enforcing a bylaw or a rule, they will consider whether it was properly enacted/passed, the fairness and the reasonableness of the proposed enforcement, and they are particularly concerned about the fairness of the process and how much notice owners were given. 

 


Disclaimer: The above information is intended to provide commentary on frequently asked questions in this area of law and should not be interpreted as providing legal advice.  Please contact a group member before acting on any of the information.