Condo owners, do you know your rights and regulations in Alberta?

In Alberta, 16.8% of people live in a condominium. If you’re thinking about buying a condo, it’s important to be familiar with the rules and regulations that come with ownership first. While they require less maintenance than a house, many have certain restrictions and limitations.

Condominium developments often include shared spaces alongside the individual units. When you purchase a unit, you are responsible for the condo unit itself, but the corporation or building manager is responsible for every other aspect, including maintenance of the building, grounds, parking areas, and amenities. 

In addition to a corporation or building manager, many condos will also have boards made up of owners who volunteer to be administrators responsible for managing the building’s budget, supervising maintenance and suppliers, and holding regular meetings, as well as enforcing any bylaws. Each unit owner has a say in voting and approving future expenses and adoption of new rules. 

Know before you buy

It’s essential to go over the bylaws and rules of a condo before you buy, as it can dictate everything from quiet hours to when you can run your dishwasher to whether or not you can have a barbeque on your patio. 

Here are some details to look for when reviewing information about a unit or community:

1. Size of a contingency or reserve fund: A large reserve fund is necessary for emergencies or upgrades so owners aren’t issued a special assessment. However, this may result in higher monthly fees.
2. Short-term rentals: Many condos and municipalities have put heavy restrictions or bans on AirBnBs to prevent people flipping units into short-term income properties. Sometimes legal short-term rentals to students or family members are allowed, but others may strictly prohibit renting, sub-letting, and even guest stays. 
3. Board member elections: Voting can be done by a show of hands, proxy, or other recorded measure including electronic, if bylaws permit. Check to see what types of voting are allowed if you travel often, are physically impaired, or are planning on subletting. 
4. Restrictions regulating common areas and shared spaces: Condo rules can dictate what colour your door is to what you put on your patio or in your yard. For kid-friendly buildings, this may even mean no sidewalk chalk or other activities in common areas.
5. Landscaping rules: Is landscaping paid for or taken care of by a specific company approved by the board or can you do it yourself? Building and municipal bylaws may also dictate what can be done with certain trees or shrubs and who owns or is responsible for them. 
6. Volunteer requirements: If volunteering is required, you may need to set aside time monthly or seasonally to help with ground maintenance or other activities, but is there a penalty if you are unable or do not attend?

Condominium legislation

In Alberta, condominiums are regulated under the Condominium Property Act which includes laws about how they should be governed by development companies and managers.

As a condo owner in Alberta, you are generally entitled to the following rights:

1. Involvement
   1. Join any existing condo corporation or board and campaign to hold an elected resident position.
   2. Volunteer for various positions or committees.
   3. Vote on any changes to condo bylaws or rules.
2. Respectful living
   1. Have a quiet and respectful living space. If someone is being noisy or disrespectful with loud music or other disturbances, you can bring it up with the condo corporation
   2. Be issued a fair warning for when workers or other community members need to enter your unit. No one is allowed or has the right to enter your unit without your permission. 
   3. Address the corporation or board with any concerns regarding quality of living or shared space. This includes building heating or cooling not working, trouble with break-ins, and other problems.
3. Selling and renting
   1. Sell your condo without having to get permission from other owners. Certain bylaws may prevent the installation of “for sale” signs on windows and in green spaces. Where by-laws permit for long-term rentals, owners do not need permission from other owners to rent or have visitors.
4. Transparency and Accessibility
   1. Request access to any documents concern the condo corporation, including transaction records, work orders, receipts, and other paperwork.
   2. Request disability access to any common area entrances, exits, and shared spaces. This can include a ramp, handles, automatic doors, or other modifications. However, any changes required inside of your unit are your responsibility unless otherwise noted or agreed upon. 

Responsibilities as a condo owner

You’ve bought your condo, you’ve read the rules and bylaws, now what? Here are some of your responsibilities as an owner and neighbour:

1. Insurance details: While master condo insurance is normally included in your monthly fees and provides a blanket policy for the building and common areas, it might not necessarily cover accidents or contents inside your home. Purchase additional insurance to protect your belongings and unit so that you’re covered in case of an accident.
2. Monthly fees or membership dues: Make sure to pay any fees or dues on time, as missing payments could result in legal action against you.
3. Be a good neighbour: Remember what you agreed to and follow the rules and bylaws as sometimes there are fines for breaking them. In some instances, depending on the severity or number of violations, the board or fellow owners may be allowed to vote you out of the community.

Each condominium and community is unique and comes with its own set of bylaws, rules, and expectations as part of the living agreement. When one member doesn’t respect this agreement, it can cause stress and even potentially endanger others so it’s important to be familiar with your rights and responsibilities. 

An insurance broker can help provide you with more details about individual insurance policies to determine what is needed alongside the corporation or building’s existing policy to make sure you are fully covered because a good neighbour is an insured neighbour!