[CCI Admin]

Get your Lawyer involved as soon as possible with a claim for the deductible.
Rod P on July 20 2018 at 07:58 AM

[CCI Admin]

Regarding Heather C’s comment:

In the case where a condominium’s bylaw includes a clause that owners are responsible for costs up to the limit of the corporation’s deductible, the owner’s policy will pay the costs upon the owner receiving a demand letter from the board. The corporation or the corporation’s insurance first pays for any costs then sends the demand to the owner once all work is complete and the invoices are paid. The unit owner’s insurance policy typically has a “contingency” endorsement that will cover such an event. We manage several condominium corporations whose bylaw contains such a clause and we, on behalf of the condominium corporation, have always been successful at recovering the costs. The owners’ insurance companies have always paid upon reviewing the bylaws.

Regarding Victoria A’s comment:

Your response was very well researched and detailed and that is what I had concluded as well before I raised the issue in this forum. I guess I was hoping that someone else’s experience had had a different outcome. I agree that it is unfortunate this issue is not addressed in the Act or the Regulation.

Mark R on July 19 2018 at 12:03 PM

[CCI Admin]

Regarding Heather C’s comment:

Under the proposed Regulations, Owners will only seldom be required to pay the deductible portion of insurance claims, even when their actions, or their property, caused the loss. Because of the wording used in the proposed Regulation, the Corporation will, in the future, have to pay the deductible portion in most cases.

CCI continues to advocate with the Government to have the proposed wording changed.

Victoria A on July 18 2018 at 05:09 PM

[CCI Admin]

Hi,

Chargebacks are amongst the issues that the Government has been asked to address in the amended Legislation and Regulations. So far it has not been successfully addressed, even in the draft Regulations, so anything that is said will be subject to change when and if the Regulations are amended to adequately cover the topic.

Under the Condominium Property Act, you can not treat “chargebacks” as if they were contributions (condo fees). They can not be added to the “condo fee A/R” and they can not be included under amounts caveated.

The Act (as amended in 2014) says: “(g.1) “contribution” means an amount levied under section 39;”

Section 39 says: “(2) A contribution shall not include any amount for the purpose of collecting from an individual owner

(a) a monetary sanction under a bylaw made under section 35(1), [fines]

(b) costs incurred by the corporation as a result of damages caused by an act or omission of an owner, tenant or occupant, [chargebacks] or

(c) any other amount set out in the regulations.

Section 39 also says: (6) A corporation may file a caveat against the certificate of title to an owner’s unit for the amount of a contribution levied on the owner and interest payable but unpaid by the owner.

Fines and chargebacks are not contributions so they cannot be included in the amounts protected under Caveats.

You may have a By-law that governs the allocation of monies paid by the Corporation, but considering the facts you laid out, it probably wouldn’t apply because the Owner seems to have indicated that his or her money is not to be used for the payment of the disputed plumbing bill.

At present we have conflicting case law on the issue of chargebacks. It looks as if Corporations may have to go to Court or the Tribunal to collect every chargeback. We all realize that that is untenable.

We need assistance and clarity on this point from the Government. We also need assistance and clarity regarding when an insurance deductible can be charged to an Owner. Please contact both Service Alberta and your MLA.

Victoria A on July 18 2018 at 04:54 PM

[CCI Admin]

Our standard practice is to only bill for the deductible. We have been successful in taking the unit owner to court in that situation and was awarded the court costs and deductible.
I’m not sure you can claim for more than the deductible but please confirm with legal.

Heather C on July 18 2018 at 04:43 PM

[CCI Admin]

That would then leave them in arrears for their condo fees for that period, if you applied their condo fee payments to the plumbing costs. You can consult legal advise to place a caveat on the property or issue a statement of claim against the owner.

June W on July 18 2018 at 04:06 PM

[CCI Admin]

All filed pleadings are public documents so anyone can go to the Court House and request what is called a “Procedure Card” for all actions for and against the Condo Corporation. The Procedure Card will give you a list of all the pleadings that have been filed in any particular action. Search costs $10 and $1.00 per page for photocopying. From the Procedure Card, you can then request copies of any pleadings (Statement of Claim, Statement of Defence, Affidavits etc.) that have been filed.

Darlene I on July 23 2018 at 12:41 PM

[CCI Admin]

someone is asking for historical information on legal actions that are closed or were dismissed. Does a corporation have to turn over the particulars of those cases or just legal action that is currently active?

Kelly S on July 23 2018 at 09:55 AM

[CCI Admin]

Could you perhaps rephrase your question?

Barbara P on July 23 2018 at 09:53 AM

[CCI Admin]

Thank you everyone for your feedback.

Susan D on July 22 2018 at 09:17 AM

[CCI Admin]

Actually age discrimination is a big issue now unless your building is 55+. Do you have a noise bylaw?
Have you tried talking to them about the fact that people buy into your building as it is adult only they don’t expect to have noisy children there. Other than keep sending them letters of complaint, there really isn’t much you can do. Sorry I know it’s frustrating.

shirley g on July 22 2018 at 08:55 AM

[CCI Admin]

The grandchild is screaming and running in the corridors. He is here almost every day, all day and often spends the night. The building is 40 and above. The people on the same floor are complaining about the constant noise all times of the day.

Susan D on July 21 2018 at 11:14 AM

[CCI Admin]

Are they creating a disturbance ? If not and the grand child is being a care give , If you go to court; I think that you would lose and may actually back fire on you.

Rod P on July 21 2018 at 10:47 AM

[CCI Admin]

I guess it depends on how the adult-only nature of the building is defined in your bylaws.

Alastair D on July 20 2018 at 11:07 PM

[CCI Admin]

We have a bylaw in our +45 building that allows guests only 30 days at a time, and a max of 60 days in that year. aside from that they
would be considered a occupant and would be required to meet the +45 age limit.

Ronald M on July 20 2018 at 08:22 PM

[Author]

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