News

Ministerial Order from Service Alberta Expires with No Extension

 

The Ministerial Order 009/2020 expired on August 14, 2020. This Ministerial Order suspended a number of sections of Service Alberta’s legislation in light of the public health emergency. In regards to the condominium legislation, it included suspending the requirement for condo corporations to hold general meetings and the ability for condo corporations to enter units to make non-emergency repairs when someone in the unit was self-isolating. The Order will not be extended.

Condo corporations will be required to hold annual general meetings (AGM) that were suspended due to the Ministerial Order and to hold special general meetings that are requested by owners under the legislation. Under the Condominium Property Act, condo corporations must hold their AGMs no more than 15 months after the previous one, although this requirement was temporarily suspended by the Ministerial Order. Corporations are recommended to begin planning any required meetings now and work with legal counsel to determine by what date they must now hold any delayed AGMs.

Click here to view the full announcement from Service Alberta.

To explain further, here are two examples of condo timelines provided to us by Victoria Archer of Gledhill Larocque. Ms. Archer explains that the suspension means that time was essentially “paused” during the Order. Think of it as if the “Calendar” goes from April 9th and the next day is August 14th.

Example 1

1.      Condo corporation’s last AGM was February 9, 2019. That would make the 15 month deadline for the next meeting to be May 9, 2020.
2.      On April 9, 2020, when the Order came into effect, it was 14 months since their last AGM. The condo corporation had one month left in which to hold the meeting.
3.      Remove the time from April 9, 2020 to August 14, 2020 from the “Calendar”  and the day after April 9, 2020 would be August 14, 2020.  They still have one month in which to hold the meeting.
4.      Therefore one month after August 14, 2020 is September 14, 2020.  That’s the new deadline for their AGM.

Example 2

1.      The condo corporation’s last AGM was May 10, 2019. The 15 month limit would have expired on August 10, 2020.
2.      When the Order came into place, April 9, 2020, it had been 11 months since the last AGM.  The Corporation had 4 months (May 10 to August 10) left to call the meeting.
3.      Remove the time frame April 9, 2020 to August 14, 2020 from the “Calendar”  so that on August 14, 2020, the condo corporation still had 4 months to call their AGM.
4.      Four months from August 14 is December 14, 2020.  That’s the new deadline for their AGM.

 

  • Because each condo corporation’s experience will be different, based on when it was required to hold its AGM and possibly additional requirements in its bylaws, corporations are recommended to confirm their obligations for holding any upcoming AGMs with legal counsel.

 

In addition condo corporations and their employees, such as contractors, will be able to access units for non-emergency reasons once the required notice has been provided.

Condo corporations will still be required to obey all provincial and municipal restrictions regarding maximum sizes for indoor and outdoor gatherings, physical distancing, and mask wearing, where applicable, including entry to tenant or owner premises. Corporations considering online meetings are recommended to check their bylaws and speak to legal counsel.

More information about the Government of Alberta’s Covid-19 response and health directives can be found at https://www.alberta.ca/coronavirus-info-for-albertans.aspx.

More information about Alberta’s condominium law can be found on Service Alberta’s Condominium Rules website here: https://www.alberta.ca/condominium-rules.aspx.

A number of new and updated fact sheets regarding various aspects of the legislation and other best practices for condominiums.can be found in the CCI North Alberta Resource Centre in the Public Information Folder