Artificial Intelligence and Condominium Bylaws Article submitted by Michael Gibson Miller Thomson Law In June 2023, two New York lawyers were sanctioned for using fake cases in legal brief that were fabricated by an AI program the lawyers used to help draft their briefs of argument. In February 2024, a Vancouver lawyer was sanctioned with…
“Mechanical Engineers… Who needs them?” POSTPONED The date will be announced in May Tickets: CCI NAB members – $25.00 Non-members – $25.00 Tickets are available on Eventbrite. Click HERE. What is this webinar about? One of the many frustrations which building owners, operators, and managers face are unplanned costs, and building performance issues. Mechanical…
Building Better Bylaws By Gary Caouette BYLAW CONSULTANTS The first question you probably have is, where do I go from here? Should I take some other condominium corporation’s bylaws and modify them for my corporation, or should I update them myself? Where do I go for advice? Some condo managers are pretty knowledgeable, while some…
Win this Artwork for your lobby!We are offering this piece to our members as a prize (value of $2400) to hang up on their lobby walls. In the latest edition of Insite to Condos, we explored a novel way condos can increase their resale values. Spending a small amount on artworks to cover bare condo…
Breaking the cycle: Why your condo’s low fees today could be stealing from tomorrow’s owners. Learn how strategic reserve fund planning and transparent budgets can safeguard your investment and build a stronger community.
STORY SUBMITTED BY MICHAEL GIBSON – CONDOMINIUM LAWYER – MILLER THOMSON LLP. Originally printed in “InSite to Condos” Vol. 39, Issue 1. In January 2020, Alberta introduced new provisions of the Condominium Property Regulation, shedding light on insurance obligations between owners and their condominium corporations. One significant change revolved around insurance deductables. Absolute Liability for…
Contributed by ERIN BERNEY – CONDOMINIUM LAWYER at FIELD LAW Originally printed in INSITE to CONDOS Vol. 38, Issue 4 Condominiums are special types of communities with all the benefits and potential problems that can come from living in close proximity to other individuals. From time to time, conflict will inevitably arise between unit owners,…
How Are Condo Fees Calculated? Compared to mortgage payments, condo fees (legally referred to as condominium contributions in Alberta) are more complex, more variable and can be subject to change more readily. Once your mortgage amount has been established, the term, payment schedule and interest rate are the key variables that will alter what the…
by Keller Engineering, Reprint with permission Understanding Roof Anchors and Requirements “The windows are scheduled to be washed next week! But have the roof anchors been certified for use?”. We frequently encounter Property Managers who require inspection of the roof anchors that form a part of their fall arrest system. Often, the Property Managers are not aware of whether…
Exploring Truth & Reconciliation in Condos Our Local Chapter Commitment – An Introduction by Dan Nielsen, President, CCI North Alberta Chapter Our nation is currently going through a very important conversation and exercise that is difficult, and a long time coming, rooted in our history of colonialism that has outcomes we continue to see the…
by Rebekah Barron, Development Manager at NB Benny’s Contracting Ltd. How to Hire a Snow Removal Contractor Choosing the right snow removal contractor is crucial when it comes to maintaining your property or condominium! Whether you’re an Owner or a Property Manager, you want to ensure the contractor you hire is reliable, efficient, and follows…
by Anand Sharma & Amanda Henry Anand is President of CCI North Alberta and the Co-Chair of the Government Advocacy Committee. Amanda is the past Executive Director of CCI North Alberta The Long and Winding Road: Advocacy for Alberta’s Condominium Community Change isn’t easy, and nowhere is that more true than when amending legislation and…
by Amber Nickel – Willis Law On Board – Prompt Payment Legislation: The Time Has Come A long time ago in a galaxy far, far away, after jazzercise and step aerobics left the scene to make way for yoga and Zumba classes… an article was published in the CCI North Alberta Chapter Insite to Condos…
by Amber Nickel – Lawyer, Willis Law Hoarding – How to Deal with a Messy Situation What is the first thing that comes to mind when you hear the word “hoarder”? For many, it is a clip from a popular television show of a person navigating their way through a home in total disarray, with…
by Steven DeLuca – Project Manager, EXP Engineering Being On Top of Your Balcony One of the many perks of owning a condominium is having access to an exclusive balcony. The balcony gives condominium owners a great opportunity to enjoy the outdoors and extend their living space. Although the balcony has its positives, it also…
Bill 19 Brings Welcome Amendments to Condominium Property Act After extensive and productive consultations with stakeholders, the Government of Alberta has put forward a number of amendments to the Condominium Property Act. Changes include: Streamlining the requirements for voting which will improve owners’ ability to participate in the governance of their condominiums and will help…
Federal Budget 2022 – Highlights for CCI Members The federal budget was released last week, with the key themes of growing the economy and improving affordability for Canadian families. There are a number of initiatives that could impact condominiums and homeowners as a whole. Highlights relevant to condominium owners and business partners include: A number…
Condominium Dispute Resolution Tribunal Update Condominium Dispute Resolution Tribunal Not Proceeding in 2022 In March, condominium stakeholder organizations were invited to a meeting with the Minister of Service Alberta. Minister Glubish confirmed that while the government remains committed to implementing the Condominium Dispute Resolution Tribunal, the resources are not available to move forward this year.…
The Failure to TAILOR CCDC Contracts May Result in Difficulties – Including an Uncomfortable LawSUIT By: Jack G. Kent and Todd A. Shipley (partners with Reynolds Mirth Richards & Farmer LLP) Building remediation and repair is often a source of emotional and financial stress for condominium boards and unit owners. Unfortunately, like death and…
by Glen Gordon, P. Eng, MBA – Co-Founder and CEO, Unico Power Corp Making Your Condo EV Ready The age of Electric Vehicles is here. It’s not just California and Vancouver that have seen them on the roads, but right here in Alberta. Chances are you already know someone that drives electric, and if your…
by Erin Berney, a lawyer with Field Law and a regular contributor for CCI North 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…
Update from the Real Estate Council of Alberta As of December 1, 2021, condominium managers will require a licence with the Real Estate Council of Alberta (RECA) to continue managing condominiums. In October, individuals who wish to become licensed in condominium management can begin the licensing process. As condo managers and board members, you likely…
by Amber Nickel, a lawyer with Willis Law and a member of the CCI North Alberta Board of Directors Changes are coming that require contractors to be paid within 28 days (conditions apply). The hills are alive with the sound of changes to payment requirements and lien rights in the construction industry. The connection between…
by Max Pharaon, BuildingLink Canada Are you considering creating a sustainability plan to reduce your building’s carbon footprint and reduce energy costs? Are you thinking about implementing an efficient and safe usage of amenities? From simply updating your lighting to LED to replacing all your windows…the options are endless, costly and overwhelming all without knowing…
Winter Activites During the COVID-19 Pandemic and Lockdowns PLEASE NOTE: This information was published between 2020 and 2022 while public health measures to stop the spread of COVID-19 were in effect. Public health measures have since changed and information may be out of date. 2020 is an unusual year. In Alberta, public health restrictions have…
FIDELITY BONDING – INSURANCE AGAINST FRAUDULENT OR DISHONEST ACTS by Dawn Mitchell (HUB International Insurance Brokers) On January 1, 2020, Section 62.5 of the Condominium Property Act Regulations will make it mandatory for all condominiums – commercial and residential – to have a fidelity bond. Corporations that do not currently have this coverage will be…
By Barbara Surry CPA CMA Does my Condominium Corporation have to file a T2 (Corporate income tax return)? Technically yes, however there are several Condominium Corporations that do not. Condominium Corporations for the most part, are exempt from corporate income taxes under subsection 149(l) of the ITA (as they are considered to be a…
by Rebecca Medel Bringing condo disputes before a tribunal instead of using the traditional courtroom process seems to be quite the dangling carrot for those who are intrigued by the idea of changing up the current system. The efficiency of using online technology to solve problems, and the time and cost savings that come about…
Deferring Condo Fees During the COVID-19 Crisis by John McDougall, Dionne Levesque, and Stuart Gray of SVR Lawyers PLEASE NOTE: This information was published between 2020 and 2022 while public health measures to stop the spread of COVID-19 were in effect. Public health measures have since changed and information may be out of date. Whether…
Suspended: Condo Time Frames and Rights of Entry PLEASE NOTE: This information was published between 2020 and 2022 while public health measures to stop the spread of COVID-19 were in effect. Public health measures have since changed and information may be out of date. by Erin Berney (Field Law) Condominium corporations face particularly unique challenges…
By Nancy Houle (with edits from CCI North Alberta) PLEASE NOTE: This information was published between 2020 and 2022 while public health measures to stop the spread of COVID-19 were in effect. Public health measures have since changed and information may be out of date. Concerns about coronavirus (also known as “COVID-19”) are, of course,…
By Melissa L. Stappler, Willis Law The question of whether or not a resident is permitted to keep an animal in their unit is a matter usually determined according to the condominium corporation’s Bylaws. But what happens when a condominium resident claims that they need an exemption from the Bylaws because they require a therapy…
by Archie Zariski, BA, LLB, LLM, C Med High Clouds Incorporated (Archie is a condo owner, board member, and condominium mediator) Mediation in the Condominium Context When condo owners have a dispute or difference the optimal result is for them to sit down together and sort out the problem. Perhaps they have read the bestselling…
Introduction Welcome to “Guide to Condo Living” created specifically for condominium owners as well as prospective owners. Currently over 25,000 condo owners are members of CCI North Alberta either as an owner in a condominium corporation member or as an individual member on their own. With the assistance of our Condo Owner Initiative committee, we…
By Rebecca Medel The days are getting longer, the air is warmer and it’s safe to say that everyone is happier that six months of winter has ended. And you know what that means for condominium corporations—spring cleanup. The projects that were held over from 2018 (or longer, depending on your reserve fund), the…
By Heidi Besuijen and Melissa L. Stappler Overview Alberta case law has recently confirmed that the Alberta Human Rights Act (the “Act”) applies to condominium corporations. This means that condominium corporations are prohibited from discriminating against unit owners or occupants on the basis of any of the protected grounds identified in the Act, which are:…
Resolving Odour Transfer Issues in Condominiums Using Logical Sequencing Since recreational cannabis was legalized throughout Canada this fall, engineers are increasingly being asked how to resolve unintended odour transfer in condominiums. Leading up to October 17th, 2018, there seemed to be much concern and confusion with Boards of Directors scrambling to institute rules or by-laws…
Condo Cases Across Canada We are pleased to showcase the work of condominium lawyer James Davidson, LL.B., ACCI, FCCI whose labour of love over the years has produced an amazing amount of brief summaries of recent condominium court decisions. To view the judgment transcript of the featured cases or to review other Canadian condominium case…
By Hanna Tough What type of illumination does your building use? Did you get on the eco train right away, or is your building still working overtime to produce enough energy to light common areas 24/7? The condominium market continues to be dominated by sales of halogen lamps and CFLs (compact fluorescent lamps) rather than…
By Heather Cournoyer It’s been 10 long years for me as a member of the board of directors of Hargate Tower and I have witnessed the good, the bad and the ugly! Fraud, threats, lawsuits, inadequate funds, vandalism, water damage, noise complaints, evictions and more—that’s the bad and ugly. The good is how we, as…
1 Welcome Package / Committee What better way to communicate with owners but when you first receive notification of the change in ownership. Creating a simple FAQ (Frequently Asked Questions) sheet along with a document checklist to ensure they have all the required condo documents (and where to get it if they don’t) is invaluable.…
By Hugh Willis As of January 1, 2018 the Condominium Property Act of Alberta was amended (among a number of other changes) to allow a corporation to send notifications to owners electronically provided the owner has provided consent to do so. The Act reads as follows: Service on owner 71.1(1) A document, including any written…
By Amber Forest Preventative Maintenance to Cure Your HVAC Woes When it comes to a building’s Heating Ventilating & Air Conditioning (HVAC) system, often it’s a case of out of sight, out of mind. That is, of course, until it’s not working on the hottest or coldest day of the year. This reactive approach can…
By Heidi Besuijen You might engage a lawyer for the purpose of making an application before the courts to obtain an Order. This could relate to the non-payment of contributions or a special assessment, to tenants within a condominium corporation, or even be an aspect of a larger piece of litigation which is ongoing. No…
By NIALL MCCARRA Just like us humans, building envelopes can experience their own cold and flu like symptoms. Maybe this winter you can be the doctor and your building envelope the patient. Winter conditions are harsh on building envelopes, but winter is a good time to evaluate building envelope performance. Roofs and Attics In cold…
By: Nadine Riopel Anyone who’s ever been on a condo board or attended an AGM knows about the jerks. They’re loud, they’re angry. They’re pretty sure that everything that’s wrong is your fault, and they either want you to fix it or they want you fired. Like anyone else, I encounter my fair share of…
By Excel Sheppard Insurance Service and Risk Management When searching for a new home, prospective condo owners are attracted to communities with active security programs. In order to deter crime and provide homeowners with a sense of safety, many condominium corporations utilize surveillance cameras as part of this security strategy. On the surface, installing security…
by Trinity Player Potted flowers and plants can add a welcome touch of green to a condominium’s grounds, foyer, and common spaces such as social rooms and fitness centres. But did you know that they can also pose a serious danger? Over the last few years, fire departments throughout North America have reported a higher…
By Brian Shedden Do you remember that old Cher song from a few years ago…”If I Could Turn Back Time…” One of the biggest challenges facing a Board of Directors at any condominium corporation is how to save money on the big repair projects that regularly have to be done. Whether it is roofing, the…
by Justin Tudor Condominium owners and directors are typically more aware of the maintenance costs and requirements of their buildings than their freehold-living counterparts. This is by virtue of legislation requiring that common element maintenance and replacement plans be considered through regular reserve fund studies. However, like the freehold owner who elects to put off…
By Todd A. Shipley In order to levy a fine or monetary sanction, a board must carefully consider the “how” and “why.” The Condominium Property Act (RSA 2000, c. C-22) (the “Act”) and most modern condominium by-laws allow boards to issue fines or monetary sanctions for noncompliance. However, the case-law provides both cautionary tales and…
By Erna Malcolm The City of Edmonton wants to raise awareness about the Private Agency Parking Enforcement program, which gives private condominiums, management companies, shopping malls, hospitals, and post-secondary institutions the authority to issue City of Edmonton tickets on their property. What is the Private Agency Parking Enforcement program? The Private Agency Parking Enforcement program is…
by Judy Downey A condo owner renting a condominium unit to residential tenants must be aware of the rights and obligations as a landlord pursuant to both the Residential Tenancies Act (RTA) and the Condominium Property Act (CPA). The Alberta Residential Tenancies Act and Regulation outlines the rights and obligations of landlords and tenants, and…
by Eustace Mousehabbit The following story is true. Names and locations have been altered to protect privacy and avoid embarrassment to those involved … It is usually only when a problem arises, or something goes badly amiss that many condo boards and owners start paying serious attention to their by-laws. Disputes between boards and irate…
by Gord Sheppard 1. Smile – Because you volunteer for an effective Board that is knowledgeable easily gets things done? 2. Bite Your Lip – Because you don’t want to say anything bad about someone who said they would get something done after the last meeting and they didn’t? 3. Scream Out Loud – Because…
By Eustace Mousehabbit The following story is true. Names and locations have been altered to protect privacy and avoid embarrassment to those involved … It was a warm summer evening when I sat down again with retired property manager, Agnes O’Weary, sampling her excellent cooking sherry and waiting to hear further reminiscences from her lengthy career…
By Eustace Mousehabbit The following story is true. Names and locations have been altered to protect privacy and avoid embarrassment to those involved ….. It was very early in the day. Rosy-fingered dawn had not yet appeared to dapple all with pearls of translucent light – particularly the condominium building known as Tottering Towers. It was…
By Natasha Sutherland – Willis Law A 2017 Alberta court decision has clarified condominium chargebacks Condominium fee and assessment collection is a highly technical and complex issue. There are a number of terms which are used and defined by the courts, with different meanings to slightly different nuances within the same issue. It can be confusing to…
by SHARON MILROY While condo board members, owners and condo management may not directly be responsible for the daily operation of a swimming pool/spa on site, it is vital that all members are aware of who is responsible for the swimming pool/spa and how to contact them when needed. It is important that all condominium…
It may be tempting and easy to immediately respond to an e-mail and hit the send button. It is natural to want to immediately deal with certain situations. With instant communications such as e-mail and texting, an immediate response may even be expected. An immediate response is frequently not the best course of action. Making…
This List Originally Appeared in the 2017 Winter Issue of Insite to Condos Ask board members, the condo manager and others that are involved in the meeting to submit agenda items before the meeting day. Set a clear deadline for submission, for example one week prior to the meeting. This will ensure everyone will have…
The condominium insurance industry certainly has faced its challenges in recent years. Multiunit residential and commercial structures, by their nature, are susceptible to many risks that can result in significant damages. When an insurable loss happens it often leads to many challenges with communication, continuity of claims handling and cost control. You may not be…
Condominium Corporations are empowered by legislation to amend their registered By-laws, and pass new Rules or Policies. This means that the governing documents can change (in many cases with the involvement of the owners, as required by the legislation) and this flexibility is a critical aspect of condo living. On the other hand, there is…