Timely Commencement Of Proceedings Essential For Condominiums Collection Of Condominium Fees

For years there has been a question on the issue of Condominium’s collecting condo fees on a caveat that was filed more than two years prior to a foreclosure action filed to collect those fees. Did the caveat protect ALL of the arrears owing, as the Condominium Property Act (CPA) suggests? Or did the Alberta Limitation Act restrict condominiums to only two years of prior arrears from the date the foreclosure action was filed? In The Owners: Condominium Plan No. 9311533 v Shui Ming Tong Foundation, 2022 ABKB 826, The Alberta Court of King’s Bench considered both.

The […]