There are not any ‘condominium police’ however getting straight concerned with the board will go a great distance to assist it get again on observe.
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Query: The board of our condominium advanced will not be doing its job. Our constructing is falling aside. The board will not be spending any cash on repairs. Our condominium charges have elevated considerably over the previous years and I don’t know the place the cash is being spent. We now have not had an annual common assembly (AGM) in over two years — our final AGM was simply earlier than COVID hit Alberta. What can I do as an proprietor to get issues again on observe? Please assist!
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Reply: First, annual common conferences should be convened yearly no later than 15 months after the instantly previous annual common assembly. Your condominium company’s failure to name an AGM is a transparent breach of the Condominium Property Act.
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Second, condominium firms are statutorily liable for the management, administration and administration of the condominium company’s actual and private property, and the widespread property. Chief amongst a condominium company’s varied duties is its obligation to “preserve in a state of excellent and serviceable restore and correctly keep the non-public and actual property of the company and the widespread property.”
The Condominium Property Act imposes not solely an obligation to keep up, however an obligation to right deficiencies. Accordingly, it follows that the place a condominium unit proprietor offers proof of a deficiency and the necessity for important repairs and remediation, the condominium company has an obligation to undertake the due diligence required of it to analyze and handle any repairs and remediation work.
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If the board is ignoring their authorized obligations or will not be listening to the homeowners, then a court docket motion could also be your solely answer. Part 67 of the Condominium Property Act offers for broad court-ordered cures in instances of “improper conduct” by, amongst others, condominium firms. When a court docket is happy that improper conduct has taken place, it could do quite a lot of issues to trigger that improper conduct to stop. Part 67(1) of the Condominium Property Act defines “improper conduct” to incorporate non-compliance with the Condominium Property Act or rules, or the train of powers of the board, and many others. in a way that’s oppressive or unfairly prejudicial or that unfairly disregards the pursuits of homeowners.
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Useful Trace: Sadly, there isn’t any “condominium police” in Alberta that can come to your rescue. It’s as much as you as an proprietor to take the lead. Attempt the political route — put your title on the poll for a board place at an AGM. Get different homeowners who share your perspective to run for board positions. Change the tradition inside your condominium advanced. That is the least costly choice. If that doesn’t work, then the court docket course of could also be your solely choice.
Roberto Noce, Q.C. is a associate with Miller Thomson LLP in each the Edmonton and Calgary places of work. He welcomes your questions at albertacondolaw@millerthomson.com. Solutions are usually not meant as authorized opinions; readers are cautioned to not act on the data supplied with out searching for authorized recommendation on their distinctive circumstances. Comply with Noce on Twitter at @RobertNoce.
