Are you buying a condo? Are you drafting or amending your condo bylaws? Do you need help enforcing condo bylaws?
At Navigator Law, we provide legal advice on all types of condominium law matters to our clients and those in the industry. We offer services to condo corporations, Boards of Directors, individual condo unit owners, builders and developers, condo managers, and land surveyors.
Our legal team is committed to finding practical, cost-effective solutions for any aspect of condo living, condominium operation, and condominium management.
Legally, a condominium refers to a unique form of property ownership. When you buy a condo, you get both full ownership of the condominium unit along with shared ownership of the common areas of the condo building. The common property of the condominium may include elevators, lobby, landscaping, building infrastructure, and facilities such as a gym or swimming pool.
Condominiums can take many different forms, from large high-rise apartment buildings to townhouses, and can be structured and managed in a number of different ways.
Once a group of condominium owners register the condo development with the government, it becomes a condominium corporation. A condo board of directors manages the condo corporation, and the board is typically made up of the condo owners. The board of directors is responsible for managing the financial aspects of the condo, creating and enforcing condo bylaws, and managing the upkeep of the condo building and any shared areas on the property.
In Alberta, a condominium corporation is required to create a set of bylaws, as per the Condominium Property Act. The condominium bylaws typically outline who is responsible for maintaining, repairing, and renovating the condominium property.
At Navigator Law, our experienced condo lawyers can effectively provide any legal assistance related to condominiums. Whether you are an individual condo owner, represent a condo board of directors, or are a condo builder or developer, we can help.
Our legal team has an in-depth understanding of the local condominium industry and regulations. We’re able to provide you with clear, relevant legal information and advice that is customized to your condominium and your specific circumstances.
From all condo governance issues to condo bylaw enforcement and litigation, our law firm offers a wide range of condominium law services.
If you’re buying or selling a condo, our legal team can help you navigate the real estate transaction.
For condo buyers, our real estate lawyer can give you peace of mind and save you time and money. We help review all the legal documents related to the purchase, protect you against outstanding debt on the condo, and ensure that ownership is properly transferred and financing is in place.
For sellers, we are able to draft and manage all aspects of the condo transactions. That way, you ensure that the sale goes smoothly, all payments are settled and minimizes your risk of any issues during the transaction.
At Navigator Law, our legal team offers legal assistance and support with all aspects of condo governance.
Our condominium lawyers have the knowledge to provide effective and in-depth legal advice, whether your condo board needs assistance reviewing condo documents, interpreting bylaws, or any other condo matter.
Our condo governance services include:
At Navigator Law, we can effectively solve any type of condo dispute. Unlike other jurisdictions such as Ontario, in Alberta, there is no dispute resolution such as a condominium authority tribunal. To settle disputes between condo owners, tenants, developers, and others, we offer arbitration and dispute resolution. If a dispute cannot be solved effectively any other way, we can help you or your condo corporation with litigation on a condo matter and represent you in court.
We answer your condo questions! If you need support with a condominium matter or have questions regarding our condominium legal services, call our office to schedule an appointment.
What is a condominium?
A condominium is a form of property ownership where there are individual owners of condo units and shared ownership of the building itself and common areas. In this form of property ownership, the group of condo owners share the building and on-site amenity maintenance costs.
Who can sit on a condo Board of Directors?
Condo board members are elected by the condo owners. The condo bylaws usually outline who is eligible to sit on the condo board, and how many of the board members must be owners. However, at least two-thirds of a condo must be condo owners or mortgage lenders.
Are condo bylaws legally binding?
Yes. All condo owners agree to abide by the condo bylaws when buying a condo. If an owner, tenant, or visitor doesn’t follow the condo bylaws, the condominium corporation is responsible for enforcing the condo bylaws, according to the Condominium Property Act (in Alberta). For any bylaw violations, the condo corporation can issue fines and other reasonable sanctions.
Is there a difference between condo bylaws and rules?
Condo rules supplement the condo bylaws. These rules are designed to help condo owners get along, promote the safety and security of owners, and protect the assets of the condo corporation. Unlike condo bylaws, in Alberta, the condo corporation can’t issue any fines or sanctions if an owner or occupant isn’t following the condo rules.
What is an estoppel certificate?
When you buy a condo from a previous owner, an estoppel certificate (also known as a status certificate) shows important financial and legal information about the condo. It will show whether there are any outstanding condo fees, interest on outstanding fees, upcoming fees or special assessments that you will be responsible for paying. This certificate is an official, signed statement from the condo corporation, and is typically required to get a mortgage on a condo. An estoppel certificate is sometimes free but typically costs between $200-350.
Does the Alberta Human Rights Act apply to condo corporations?
Yes. Condo corporations cannot discriminate against condo owners or tenants based on race, religious beliefs, gender, physical disability, or any other protected grounds. Condo corporations have a responsibility to accommodate written requests that fall under human rights. If in doubt, a lawyer can help a condo corporation with written agreements or resolutions to a human rights matter in a condo.