Legal IssuesProperty Management IssuesPurchasing/Living in a Condominium

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 notice or request, may be served by a corporation on an owner

(a) by personal service on the owner,
(b) by ordinary mail or recorded mail addressed to
(i) the owner’s address as registered at a land titles office, or
(ii) an alternative address for service provided by the owner to the corporation, or
(c) by electronic means to an electronic address that the owner has specifically provided as an address to which information may be provided by those electronic means.

Willis Law has kindly provided CCI North Alberta with a proposed template that condominium corporations can use to to obtain an owner’s written consent to receive documents by email. An electronic copy of this template is available on our website to download. Please ensure to review the disclaimer listed below.

DISCLAIMER
The attached Owner Authorization to Receive Notices and Other Information By Email form is a suggested form for use by condominium corporations.

We recommend the use of this form as one piece of a larger strategy and set of controls implemented by condominium corporations to demonstrate that owners have been engaged and notice has been provided pursuant to the Condominium Property Act, R.S.A. 2000, c. C-22. Condominium corporations, Condominium Managers and Boards of Directors of condominium corporations should document their strategies and communication efforts. This includes measures taken to demonstrate that consent was obtained, notices sent out, and that all obligations pursuant to the Personal Information Protection Act, R.S.A. 2003, c. P-6.5 have been met. Condominium corporations, Condominium Managers and Boards of Directors of condominium corporations are encouraged to consult their legal advisors with any questions they may have.

The information contained herein is provided for informational purposes only. It is not, nor is it intended to be, legal advice. You should consult with a lawyer for advice regarding your individual situation.


Sincerely,

Hugh Willis, Willis Law

This Article Originally Appeared in CCI’s Fall 2018 Magazine