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Part of Condominium information

Supporting Alberta’s condominium communities

New rules to establish and support dispute resolution are now in effect.

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Condominium information
  • Supporting Alberta’s condominium communities

Changes to the legislation

The Service Alberta Statutes Amendment Act, 2024, which made important changes to the Condominium Property Act, came into force on February 15, 2026. Associated changes to the Condominium Property Regulation and the new Condominium Dispute Resolution Tribunal Regulation came into force on February 26, 2026. These amendments introduce significant changes aimed at improving transparency, accountability and governance for condominium corporations and establish the Condominium Dispute Resolution Tribunal.

Condominium Dispute Resolution Tribunal

Changes made through the Service Alberta Statutes Amendment Act, 2024, provided the authority to establish a condominium tribunal. With the legislative provisions in effect as of February 15, 2026 and regulatory provisions in effect as of February 26, 2026, the new tribunal will commence operations on April 1, 2026. The Tribunal will offer owners and condominium boards a streamlined alternative to court for resolving disputes. Read more about the tribunal.

The Condominium Dispute Resolution Tribunal will be funded by a Tribunal Service Fee and User Fees. These fees will provide stable funding for the Tribunal, ensuring it is available to condominium owners and boards to resolve disputes. The Tribunal Service Fee is $9 per unit per year, and is payable by condominium corporations by the end of the calendar year, starting in 2026. Users of the Condominium Dispute Resolution Tribunal will also pay fees to file applications. More information will be distributed to condominium corporations in the coming months regarding the Tribunal Service Fee.

Chargebacks

Amendments now establish that chargebacks, if allowed by a corporation’s bylaws, will be treated as contributions. A chargeback is where a condominium corporation can charge costs back to owners to recover expenses from the actions, or inaction, of an owner, their tenant or a guest. Amendments to the Condominium Property Regulation establish requirements for how a chargeback can be levied against an owner and due diligence by boards to determine responsibility for costs, provide an opportunity for owners to respond to a proposed chargeback, and place important obligations on boards to make a decision by issuing a board resolution if a chargeback is to be levied.

  • Notice of proposed chargeback

    A notice of the proposed chargeback must be provided in writing by the condominium Board of Directors to the owner within 90 days after the board becomes aware of an issue.

    The notice of a proposed chargeback must include:

    • the name and unit number of the owner;
    • the date and a description of the incident;
    • the estimated amount of the chargeback; and
    • the deadline for the owner to provide a written response to the board, which must be at least 10 days, not including holidays, after service of the notice.

    In addition, information about pending chargebacks will be documented on an estoppel certificate, provided the owner has been made aware of the pending chargeback.

    Owners should ensure they have up to date contact information with the corporation and condominium management company to avoid any delay in receiving and being able to respond to a chargeback notice.

  • Issuance of chargeback

    A board must pass a resolution if it decides to pass a chargeback to an owner. When a resolution has been passed by a board to issue a chargeback, a statement of chargeback is to be provided to the owner. The statement of chargeback must include the amount of chargeback, which can include, for example, the cost of repair and other reasonable related costs paid by the condominium corporation. The amount charged to the owner must be (whichever costs the least):

    • the actual costs the condominium corporation incurred to rectify the issue; or
    • the corporation’s insurance deductible amount (up to $50,000) regardless of whether an insurance claim is made.

  • Appeal to Court

    An owner may appeal to the Court of King’s Bench when the chargeback has been levied by the board. An appeal must be made to the Court within 30 days after receiving the notice.

Technical Analysis

All new condominium builds will require a technical analysis to be completed within 4 years of the occupancy of the first unit in the condominium. A technical analysis ensures that condominium corporations and owners have reliable, independent information about the state of their new building(s) after completion. This may help support warranty claims, where appropriate and as determined by the warranty provider, in addition to providing general assurance to owners regarding their investment.

A technical analysis is not needed if the building was already occupied before February 26, 2026. It will apply to all buildings where the first unit becomes occupied by an owner after the coming into force of these changes. Existing buildings with occupants do not require a technical analysis.

  • What is a Technical Analysis

    A technical analysis provides an analysis of the real and personal property of the corporation or the common property. This extends to any phased developments, redivisions and bare land condominiums where property is managed and specifically includes a description of the condition of the building envelope and the building’s structural components. It may also include the results or findings of any invasive testing procedures done if authorized in the technical analysis contract.

  • Who can complete the technical analysis

    A professional engineer or registered architect must complete the technical analysis.

    • It must be signed and stamped by the qualified person who completed the work.
    • Someone who is not a professional engineer or registered architect can still assist in preparing the technical analysis.

  • Who cannot complete the technical analysis

    • a director, officer or employee of the developer;
    • a professional engineer or registered architect otherwise retained by the developer;
    • any person with a financial interest in the sale of units that are part of the building;
    • a partner, employer, employee, the spouse or common law partner or a child of a person referred to above;
    • any person retained at any time by the developer to provide materials or services for the construction of the building that is subject to the technical analysis.

  • Exceptions

    If a building has 12 units or fewer, the corporation does not need to contract with an engineer or architect to prepare a technical analysis.

Voting

Amendments establish a simple form of vote to reduce red tape at general condominium corporation meetings. An owner vote means one vote per owner, while a unit factor vote is based on the number of unit factors assigned to each unit. If a unit has multiple owners, each owner gets one vote, and if someone owns multiple units, they still only have one vote, which will simplify voting practices for condominium boards. A unit factor vote can be called for by any owner provided it is done before the owner vote result is announced. A board can also establish a different type of simple vote in bylaws.

Additional changes

There are other changes made to improve the condominium experience for owners and boards. Some of these include:

  • Developers

    • Developers must hold a meeting to elect an owner to the interim board once 25% of units are sold.
    • Developers are now required to pay condominium fees if they own substantially completed units in a condominium.

  • Board Members

    • Board members now have additional protections while acting in their capacity as a board member in terms of the awarding of costs.
    • Specifically, where an action brought against a member of a board for damages caused by an act or omission of the member acting on behalf of a corporation does not result in a judgment against the member, the Court may award costs on a solicitor-and-client basis in favour of the member.

  • Insurance

    • An insurance claim does not need to be filed in order for a board to recover an amount up to the insurance deductible from an owner.

Contact

Connect with the Consumer Contact Centre:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Toll free: 1-877-427-4088
Email: [email protected]

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