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May 6, 2013
Redford government clarifies law to help bare land condo owners
Changes to legislation governing condominiums will help protect bare land condo owners from large assessments to repair and maintain managed property. “Bare land condominium owners and corporations deserve to have clarity and certainty in dealing with maintenance and repair issues and we are providing it,” said Service Alberta Minister Manmeet S. Bhullar. “We promised that we would implement this amendment as quickly as possible and we are delivering on that commitment.” Bare land condominiums are typically stand-alone structures such as detached homes and duplexes. Many corporations that manage bare land properties are responsible for maintaining “managed property,” such as roofs, windows and lawns, in addition to common property, including roads and sidewalks within the complex. A recent Court of Queen’s Bench decision determined that the current Condominium Property Act does not give bare land condominium corporations the authority to collect fees or use reserve funds for expenses related to repairing and maintaining managed property. As a result, corporations may have to finance expenses for managed property, potentially exposing unit owners to large special assessments to cover the costs. Bill 24, the Statutes Amendment Act, proposes amendments to the Condominium Property Act that will let all condominium corporations collect fees and use their reserve funds to maintain, repair and replace managed property if their bylaws allow it. The change impacts approximately 1,300 corporations with 40,000 owners. Consultation with Albertans indicate overwhelming support for immediate changes to the Condominium Property Act to help prevent sudden and unaffordable special assessments being levied against residents of bare land condominium developments. Service Alberta is currently compiling and analyzing the input of over 5,000 Albertans’ who participated in the broader review of the Condominium Property Act. More information and updates on that process will be posted on Service Alberta’s website. Our government was elected to keep building Alberta, to live within its means and to fight to open new markets for Alberta’s resources. We will continue to deliver the responsible change Albertans voted for. - 30 -
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