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 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:…
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 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 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 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 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 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…
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…