Key Contacts
Overview
The complexity and uniqueness of the commercial and residential real estate markets, especially in Alberta, require a collaborative, goal-oriented approach to projects. At Field Law, we partner with you to find practical and effective legal solutions for your entire project or any phase of it.
For more than 100 years, lawyers at Field Law have been providing strategic advice and counsel to the owners and managers of office buildings, retail developments, multi-use commercial complexes, industrial sites and residential developments. As a recognized market leader with a long history and intimate knowledge of this constantly evolving area of law, we have guided our clients to their goals in a wide variety of significant real estate projects in western Canada.
Residential Conveyancing
Working with the residential conveyancing team at Field Law, you get to enjoy the peace of mind that comes from knowing that your purchase will be completed in an efficient, practical and cost-effective way. We work with homebuilders, buyers, sellers, lenders, borrowers, estates, corporations, partnerships, realtors and mortgage brokers to complete residential property transactions for all forms of property including single family homes, condominiums, modular/mobile homes, agricultural properties and land transfers.
We assist our clients in sales, purchases, mortgages, refinancing, real estate purchase contracts, co-ownership agreements, title transfers and residential leases.
Our goal is to provide our clients with efficient, responsive and cost-effective legal services. With paralegals averaging over 15 years of professional real estate experience and our use of up-to-date technology you can feel comfortable that your transaction will be completed on time.
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Faqs
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Can a Condo Board Delay Repairs Recommended in a Reserve Fund Study?
A condominium board may have reasons to consider delaying a recommended project, but the decision should be made carefully. Deferring maintenance or repairs can potentially increase future costs, affect other building components, create safety concerns or affect property values. Boards should consider both the financial and practical consequences before postponing planned work. -
Can a Condo Bylaw Become Unenforceable in Alberta?
Potentially. A condominium corporation's failure to consistently enforce a bylaw over time may affect its ability to later require compliance. Other issues, including inconsistent rules, delays in taking legal action and fairness to owners who relied on past practices, can also affect enforcement. A corporation seeking to resume enforcement may need to take deliberate steps to communicate and implement the change. -
Can a Condo Corporation Be Liable for Failing to Address an Owner's Complaint?
Potentially. A condominium corporation may face liability where a board fails to properly investigate or address legitimate concerns from an owner. Acting honestly or relying on advice from a property manager does not necessarily protect the corporation if the board's conduct unfairly disregards an owner's interests or the corporation fails to meet its legal obligations. -
Can an Underfunded Condo Reserve Fund Lead to a Special Assessment?
An underfunded reserve fund can increase the risk that owners will face a special assessment when significant repairs or replacements are required. While keeping condominium fees lower may be attractive in the short term, boards should consider the corporation’s long-term financial needs and whether reserve fund contributions are sufficient to support anticipated capital expenses. -
How Should a Condo Board Use a Reserve Fund Study?
A reserve fund study should be more than a compliance document. Condominium boards can use it to guide budgeting, maintenance planning and capital spending decisions. Regularly reviewing the study can help boards prioritize projects, anticipate future costs and communicate upcoming financial needs to owners. -
What Are the Legal Duties of Condo Board Members in Alberta?
Condo board members in Alberta must act honestly and in good faith, with a view to the best interests of the condominium corporation. They must also exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. Board members should make informed decisions and understand the corporation's bylaws and applicable legal obligations. -
What Happens If a Condo Board Does Not Enforce Its Bylaws in Alberta?
A condominium corporation that fails to consistently enforce its bylaws may have difficulty enforcing them later. Owners and occupants may reasonably come to believe that a longstanding bylaw will not be enforced. Delayed or inconsistent enforcement can also create fairness issues and potentially expose the corporation to legal challenges.