Changes due to COVID-19
Responding to the COVID-19 pandemic is challenging the capacity of some condominium corporations to comply with the Condominium Property Act and some of its regulations.
A condominium owners fact sheet (PDF, 140 KB) is available for additional details of Ministerial Order 009/2020 issued under the Public Health Act to temporarily modify certain Condominium Property Act provisions. Some examples of the changes are below:
- requirements for holding AGMs no less than 15 months after the last one has been suspended
- the requirement for the developer to hold a meeting to elect a first board is suspended
- other time elements
- condominium corporations’ right to enter a unit to make non-emergency repairs is suspended under certain conditions
- emergency repairs are still permitted
- other location provisions
- a condominium board should check whether the corporation’s bylaws address the use of spaces such as exercise or fitness rooms. Then, the board can make its own rules (sometimes referred to as board policies) regarding the use of the corporation’s spaces and property
- The Consumer Protection Act was amended to ensure sub-metering agreements, such as those between tenants and landlords are captured by the utility payment deferral program.
These measures are effective April 9, 2020 and will remain in effect for the duration of Alberta’s State of Public Health Emergency to protect public safety, allow corporations to remain focused on their operations, and remain compliant with legislation.
For more information about Alberta’s COVID-19 response, visit COVID-19 info for Albertans.
The amended Condominium Property Act and regulations came into force on January 1, 2020.
The revisions reflect feedback received during condominium rules consultations in the summer of 2019 to ease the administrative burden on condo boards and corporations while protecting condo owners and their investment.
The Real Estate Council of Alberta (RECA) is working to create an education and licensing program for condo managers. For more information visit RECA: Condominium Manager Regulation Consultation.
Use of condominium reserve funds in emergencies
In times of a declared emergency when Albertans’ incomes may be negatively affected, condominium corporations may need greater financial flexibility to operate and ensure the safety and security of residents.
The Condominium Property Regulation has been amended to allow condo corporations to access reserve funds to cover operating fund shortfalls resulting from declared states of emergencies, like the COVID-19 pandemic.
Condo corporations need to be mindful if they choose to access their reserve funds. This can only be done in specific situations and the legislation includes important requirements that must be followed.
Condo reserve funds can only be used for emergency operational funding as long as the following criteria are met:
- A state of emergency or public health emergency has been declared by the federal, provincial, or municipal government.
- The amount drawn from the reserve fund does not exceed the contribution shortfall, the deficit in operating expenses, or a limit set in the bylaws (whichever is less).
- The board provides: a preliminary notice of its intent to use reserve funds in this manner to owners; a date on which it will make its decision; information about alternatives; and a proposed revised reserve fund plan that includes how much will be used and how it will be repaid.
- After the preliminary notice is provided to owners, a board resolution with 75 per cent in favour of the revised reserve fund plan, which is then shared with owners.
- Monies must be repaid within two years.
Condominium fact sheets are available for the following topics:
- reserve fund study providers
- updating condominium bylaws
- condominium rules, bylaws and sanctions
- condominium documents
- insurance premium increases
- recovery of insurance deductible
- standard insurable unit description
- resolving condominium disputes
- condominium unit rentals
- Condominium Property Act
- Condominium Property Regulation
- Condominium Property Amendment Act, 2014
- Annotated Regulation coming into effect January 1 2020 (PDF, 601 KB)
Connect with the Consumer Contact Centre: