Condominium Property Amendment Act of Alberta

The Condominium Property Amendment Act (CPAA) was passed by the Alberta Legislature in December 2014.  Since then, there have been two amendments summarized as follows:

Regulations that took effect on January 1, 2018 have:

  •   Broadened the amount of information that developers must disclose to elected boards when the boards take over control of the corporation, such as technical documents and financial information. 
  • Expanded the number of agreements that can be terminated by the first elected board of a condo to better protect condo owners from being stuck with a poorly negotiated agreement. The new laws allow for the inclusion of almost any agreement that may be in place during development, including landscaping agreements and maintenance agreements.
  • Formally recognized the ways in which an owner may call special meetings of the corporation. This empowers owners by allowing them to call for special general meetings.
  • Provided the government additional inspection powers and the ability to issue fines to developers, if the rules are not being followed.
  • Increased the penalty for offences, from $15,000 for an individual and $25,000 for a company to $25,000 and $100,000, respectively, or three times the amount gained by the offence, whichever is greater.

Regulations that took effect on April 1, 2018 have:

  • Required developers to provide buyers an occupancy date so they know when their units will be ready, and concrete remedies, including the ability to end a contract, when the unit is not ready on time.
  • Required developers to provide more information to condo buyers, including occupancy dates, materials to be used to finish the condo, and other fees that the developer will charge the purchaser.
  • Increased protection for purchasers’ trust money by requiring it to be held by a lawyer instead of the developer and creating specific rules about how this money is handled.
  • Provided means for condo corporations to recover costs directly from the developer when the developer has deliberately underestimated expenses for things like maintenance and management, during the marketing process.
  • Established rules for notice and options for buyers when changes happen during construction that a buyer did not agree to.
  • Established new rules requiring parking spots for visitors and people with disabilities are listed in condo plans.