An Overview by Hugh Willis, LLB, Willis Law www.willislaw.ca Deborah M Howes, B.A., LL.B., F.C.C.I., CTAJ, C.Arb., C.Med. High Clouds Incorporated www.highclouds.ca May 3, 2016
How many own a condo? How many looking to buy? Why did or would you buy? location, amenities, price, design, community, neighbors, decorating, carefree lifestyle How many know condo involves an Act, bylaws, neighbors, business partners, property and money? 2
Who you are What you bought / are buying The condominium law The principles of condominium The property The rules The finances The people board and neighbors Pets or not Your limits Pros it met my expectations Who you are What you bought / are buying The condominium law The principles of condominium The property The rules The finances The people board and neighbors Pets or not Your limits Cons it did not meet my expectations 3
Alberta: first Act in Canada Edmonton: first condominium in Canada Last Major changes - 2002 Act is built on concept of Self-policing Application of the Act to all condominiums Next major changes coming soon 4
What is condominium? 3 legs: property, community, business Some common terms unit, common property, exclusive use areas, by-laws, condominium contributions, reserve funds, bare-land, phased, conversions The players and their views developer, owner, board, manager, tenant 4/29/2016 HCI Pros & Cons of Condo Living 5
Hierarchy of authority Act, Regulation, plan, by-laws, direction at general meeting Decision making the board, the owners 6
vote on business elect the board - you elect your leadership access to unit and common property information - owner s and the corporation s contributions / fees participation maintenance renting selling enjoyment and use dispute resolution 7
the Act, Regulation and by-laws control, manage, and administer the common property treated as an owner & person privacy and other legislation applies 8
By-laws mandatory, changes done by owners Insurance must have owners and CC employees and contractors for the corporation 9
financial administration by corporation condominium contributions a must for every owner annual budgets and financial statements 10
general meetings board meetings voting disclosure of information where are the secrets? 11
capital reserve fund reserve fund study 12
non-legal means sanctions mediation & arbitration s. 69 court action section 67 improper conduct 13
Contributions due and payable Legal actions served Court orders to be paid Written demands for payment over $5,000 Management agreement Recreational agreement Post tensioned cables Budget Most recent financial statements By-laws Minutes of general or board meetings Monthly condominium contributions and how set Unit factors and criteria used to allocate Any structural deficiencies known to corporation Lease or exclusive use agreement re common property, including storage and parking 14
Amount of contribution payable by the owner Manner to be paid Extent to which Contributions are paid Interest owing on unpaid balance 15
Learn about: What you bought / are buying don t assume anything The condominium law The principles of condominium The property The rules bylaws and Act The finances The people Your limits Read the CPA TipSheet Get legal advice before you sign the offer to purchase 16
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