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Magnum York recently hosted a Zoom webinar with Roberto Noce, KC, partner at Miller Thomson LLP to delve into condominium law. Roberto has been a trusted expert for Magnum York for many years. In this webinar he provided an overview of condominium law and shared insights from cases he has been involved in, offering a perspective on board actions within the realm of condominiums. We are happy to share the highlights from this informative discussion.

Roberto Noce’s practice includes municipal law, real estate development, condominium, and corporate/commercial matters. He acts for a number of municipalities, developers, and condominium corporations throughout Alberta.

Roberto’s KC designation stands for King’s Counsel (appointed Queen’s Counsel in 2007). This is an honour granted by the government to lawyers who have demonstrated exemplary service to the Canadian justice system through their work in the federal public service.

Alberta took the lead as the first province in Canada to embrace Condominium Legislation in 1966, and Edmonton made history by becoming the initial municipality in Canada to register a condominium corporation at Land Titles. These legal frameworks were inspired by legislation from Australia, with drafters in Alberta adopting similar provisions. Consequently, Alberta has enacted the Condominium Property Act, a provincial law governing condominiums.

Whether it’s a two-unit building, a 200-unit building, a residential complex, a commercial establishment, or a blend of these, the Condominium Property Act applies to all condominiums in Alberta. Any changes to the laws in Alberta necessitate approval from the legislature.

Under the Condominium Property Act, there are Condominium Property Regulations that are approved and enacted by the Government of Alberta. These regulations offer a deeper understanding of the laws, aiding condominiums in governing themselves effectively in Alberta.

Every condominium in Alberta is governed by its own set of bylaws, which are specific to each complex. These bylaws are tailored to the site and its requirements. Another crucial document is the condominium plan, which is prepared, surveyed, and registered by land title authorities. This plan delineates common property, identifies titled units, specifies exclusive use areas, and outlines how unit factors are allocated among the units, often based on square footage. In Alberta, each condominium typically has 10,000 unit factors, which play a significant role in calculating condo fees and special assessments.

Condominium Plan Numbers carry significance. The initial two digits indicate the year when the plan was registered, not to be confused with the year the property was built. The third digit denotes the specific land titles office where the plan was registered.

The Condominium Additional Document Sheet (CADS) is a vital document that lists all registrations on the Title of a condominium, providing information about board members and Standard Insurable Unit Descriptions (SIUDs). SIUDs detail standard interior unit finishes, fixtures, and built-in components of the complex. Since January 1, 2020, Service Alberta has required all condominiums to obtain a SIUD, ensuring comprehensive details about the units within the complex.

All Board members sitting on the Board of their condominium should have a general understanding of their condominium bylaws, condominium plan and condominium additional document sheet.


Amending bylaws in Alberta necessitates the support of owners that make up both 75% of ownership and 75% of the total unit factors. However, these changes must comply with human rights legislation and cannot contravene the Condominium Property Act or its regulations. For instance, you cannot enact bylaws that prohibit unit owners from renting out their units as it goes against the Condominium Property Act.

When boards contemplate amending bylaws due to expressed interest, it’s advisable to involve a lawyer to draft the amendments. It’s essential to assess whether the ownership would ultimately support the proposed changes before proceeding.

Board members are required to conduct themselves in good faith and adhere to professional and respectful conduct towards owners, while also ensuring compliance with the law. They are not permitted to overlook breaches of bylaws.

Watch below for a case example from Roberto:

Board Responsibilities & Case Example


Roberto represented an owner experiencing water leaks in their kitchen and master bedroom windows. The owner requested the condominium corporation to repair or replace the windows, but the corporation suggested a temporary fix with caulking. However, since the windows were common property, it was the corporation’s responsibility to repair and maintain them. Despite this, the board indicated that the windows would be replaced in a few years and did not address the water entering the unit in the meantime.

During the court proceedings, the argument centred on the corporation’s legal duty to repair and maintain the common property. The court ruled in favour of the owner, ordering the corporation to promptly replace the windows. Additionally, the corporation reimbursed 67% of the incurred legal fees and was directed to compensate the owner $5,000 for pain and suffering.

As a board member, it’s crucial to maintain objectivity and approach your legal obligations impartially. Avoid making decisions based on personal feelings or emotions, as this often leads to unfavorable outcomes. Property managers and lawyers should offer independent analysis, even if the board may not always agree. Good advice involves outlining what can or cannot be done, along with setting clear limits. Remember this perspective when acting and making decisions as a board.

Condominium corporations in Alberta are legally obligated to enforce bylaws and oversee the management and administration of the property and common areas for the collective benefit of all owners. The corporation must ensure that the property and common areas are maintained in a state of good and serviceable repair. For instance, if the corporation is aware of an issue within a building element, they cannot neglect it merely to avoid spending money.

Condominiums have a business aspect that necessitates the involvement of professionals like accountants, lawyers, and engineers to aid in decision-making. One essential requirement for every condominium is to maintain a reserve fund, which serves as a financial safety net for necessary maintenance and repairs. Well-managed condo complexes collect monthly condo fees and allocate funds to the reserve fund to ensure financial preparedness for future needs.

“There is no prize at the end of the year for having the lowest condo fees in Alberta and no prize for having the lowest reserve fund in Alberta.

Roberto Noce

Condominium corporations must, by law, engage a reserve fund study provider, usually an engineer, to conduct a comprehensive study of the depreciating property every 5 years (in Alberta). This study results in a report outlining the necessary amounts and the projected timeline for funding specific maintenance and repair work. For instance, your reserve fund study provider might recommend replacing the elevators by 2030 and advise setting aside $1.8 million in the reserve fund for this purpose. Consequently, you calculate the annual contribution needed to reach this target.


Inadequate budgeting for reserve fund expenses can lead to the corporation imposing a special levy when the expenses arise, causing a significant financial impact on every owner. While nobody desires an increase in condo fees, such increases may become necessary to cover these expenses.

After completing the reserve fund study, the corporation proceeds to develop and approve a reserve fund plan. This plan aligns with the findings of the reserve fund study and ensures that adequate funds are available during the specified years for the completion of necessary work.

Importance of Reserve Fund Plans

The Standard Insurable Unit Description (SIUD) is a mandatory document for all condominiums in Alberta. This document outlines the specific responsibilities of the condo corporation in the event of a loss in a particular unit. For instance, if your unit experiences a flood and requires repairs, the SIUD dictates the minimum standard to which the corporation must repair the unit, such as “linoleum flooring and oak cabinetry.” The corporation is obligated to repair only up to this standard; any upgrades or improvements beyond this are the responsibility of the owner and would be at their own cost or through their insurance. If owners choose to exceed the repair standard outlined in the SIUD, they bear the responsibility for those additional costs.

As an owner, it’s important to hold extra insurance to cover betterment and improvements.

Owners should also prioritize having “deductible insurance.” In Alberta, a legal amendment in 2020 empowers the condominium corporation to seek up to $50,000 from an owner if the loss that triggers the condo insurance deductible originates in their unit. If a loss originates in your unit, the corporation has the authority to request reimbursement of up to $50,000 to cover the insurance deductible.

  1. In Alberta, does a condo board have the right to give a 90-day suspension to a board member?
    • That depends on the bylaws of the condominium corporation and depends on what the allegations are. To warrant a level of penalty towards a board member, there must be an allegation of a breach. There is nothing under the act to allow this and if the bylaws do not allow this, the board wouldn’t be authorized to do so.
  2. Does a condo board have the right to keep secret board meeting dates and deny the owners the right to attend?
    • Every owner is entitled to know when the board is meeting. Typically, owners are not allowed in board meetings as some matters require confidentiality.
  3. Can condo boards issue fines for bylaw violations?
    • This is the only way the board can issue a fine. There has to be a bylaw violation, as it cannot be for a breach of a rule or policy. It’s important to have evidence to support the breach in a bylaw to establish a proper fine.
  4. How often should bylaws be examined?
    • Ideally, bylaws should be reviewed regularly (approximately every 3 – 5 years). In saying this, no law requires bylaws to be upgraded within a set time frame.
  5. Can the Board refuse to complete repairs until they have recovered money from an owner or their insurance after a loss?
    • No. The condominium corporation has a legal obligation to repair the unit and the Board has a duty to meet that obligation or risk being liable for further damages.
  6. Should the Board members approve the transfers from and to the reserve fund unanimously or will the majority suffice?
    • Any decision by the majority of the board is a decision by the corporation. Unanimous support is not required, the majority will suffice.
  7. Who should we hire to read the reserve fund study and budgets when thinking of buying a condo?
    • Several service providers complete condo document reviews. They can provide you with their opinion of the state of affairs of the condominium. You can engage a lawyer however, this will result in a higher cost for the owner.
  8. When a management company insists the owner is responsible for the insurance deductible, what recourse does the owner have?
    • The management company does not determine when an owner is charged back, the Board does that. An owner is not liable if the owner can show that there was a defect in the construction of the unit and as a result, the loss originated. Or, the owner can show that the damage that occurred
  9. Can the Board submit capital expenses that are not budgeted or in the reserve fund study or plan. Can they use reserve funds to pay for repairs if they are not full replacements?
    • No, this is offside. The reserve fund is not a slush fund or rainy day fund, it is a fund available to satisfy the reserve fund plan that has been approved for the corporation. It’s designated for a specific purpose. So if you’re going to deviate from that, it could impact the corporation financially and cause liability for the Board and should not be done lightly.

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