Condominium Manager Licensing Eligibility and Education Requirements

The Real Estate Council of Alberta (RECA) has now put up an outline of the Residential Property Manager Industry Council’s eligibility standards, licensing requirement and fee amendments in preparation for the December 1, 2021 date when condominium property managers will become regulated in Alberta.

We encourage you to review the RECA NEWS: Condominium Manager Licensing Eligibility and Education Requirements and do not hesitate to reach out to one of our dedicated condominium lawyers with any questions.

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Bill 53: the Service Alberta Statutes (Virtual Meetings) Amendment Act

Bill 53: the Service Alberta Statutes (Virtual Meetings) Amendment Act allows Condominium Corporations, Residents Associations and Home Owner’s Associations (as well as businesses, non-profits, societies and cooperatives) the option to meet and vote online, as opposed to in person. Bill 53 received Royal Assent on March 26, 2021 and the changes are retroactive to August 15, 2020, corresponding with the expiration of the Public Health Act on August 14, 2020.

Due to the COVID-19 pandemic, the requirement for specific organizations to hold in-person meetings in order to protect public health and safety was suspended until August 2020. Many organizations had since voiced their desire to continue holding virtual meetings, rather […]

No Mask, No Entry: Owners Prohibited from Frequenting Common Areas without a Mask

In the Ontario case of Halton Condominium Corp No 77 v Mitrovic, 2021 ONSC 2071 the Condominium Corporation (the “CC”) applied for an Order and permanent injunction requiring the Unit Owners, the Mitrovics, to wear masks in compliance with its Mask Policy. The CC’s Mask Policy required all residents to wear masks while “in any enclosed common space.”

Residents exempt from the Mask Policy included children under the age of two, persons with medical conditions that prevented them from wearing a mask, and persons unable to place or remove a mask without assistance. The Mitrovics claimed exemption under the […]

New Prompt Payment and Construction Lien Act Coming Into Force

Bill 37, The Builders’ Lien (Prompt Payment) Amendment Act, 2020 revitalizes and modernizes the Alberta’s Builders’ Lien Act renaming it the Prompt Payment and Construction Lien Act (the “Act”). The new Act prescribes timelines and mandatory rules for payments and liens in all construction industry sectors, including Condominiums, to ensure contractors and subcontractors are paid promptly. Bill 37 received royal assent on December 9, 2020 and will likely come into force in or around July 2021 (“Proclamation”). 

WILL THIS AFFECT CURRENT CONSTRUCTION CONTRACTS?

All contracts entered into between now and the date of Proclamation will continue to be governed by the current Alberta’s Builders’ Lien Act. Any contract that […]

Reminder! Failure to Maintain Appliances is an ‘Act or Omission’ Triggering Owners Paying deductibles (a Breakwell Update)

You may recall the recent 2019 decision of OCP No. 7721985 v. Breakwell where an Alberta court held that the failure to have a furnace inspected following its installation and failing to regularly maintain it meant that the owner had committed an ‘act or omission’ which rendered them responsible for the cost of repair up to the insurance deductible. See our review of the case – Water Water Everywhere! But Who Should Pay The Deductible?

A new Ontario case (Lozano v. Toronto Standard condominium Corp. No. 1765) has not only referenced the Breakwell decision but another Saskatchewan decision on […]

Condominium Corporations and Electronic Annual General Meetings During COVID-19

Due to the emergence of COVID-19 in mid-March of this year, the provincial government advised all Albertans to minimize that any non-essential trips outside of their homes and, at one point, banned any public gatherings of groups larger than 5 individuals. Since that time the restrictions have been slowly rolled back and as of June 12, 2020 Alberta is in Stage 2 of its COVID-19 Recovery Plan. Stage 2 allows for indoor gatherings of a maximum of 50 people, and outdoor gatherings for a maximum of 100. However, this remains subject to 2m social distancing between people not from the same household and […]

BC Court confirms that Condos can Prohibit Commercial Cannabis Operations with Bylaw Changes

Kunzler v The Owners, Strata Plan EPS 1433, 2020 BCSC 576 (“Kunzler”) is an notable recent case from British Columbia which addresses the ability of a strata corporation, a term used in BC which can include condominiums, townhouses and bare land strata corporations, to pass bylaws preventing or regulating certain types of businesses and activities on its grounds. In Kunzler, the Plaintiffs Kevin and Cheryl Kunzler (the “Kunzlers”) and Skywater Cannabis (collectively referred to as the “Plaintiffs”) were seeking to remedy alleged unfair treatment by the Defendant, Strata Plan EPS 1433 (the “Defendant”) who passed bylaws preventing the Plaintiffs’ planned construction and […]

RECA Changes Announced

On June 3, 2020, major changes were announced to the Real Estate Act, the legislation that governs realtors, mortgage brokers, appraisers, and property managers in Alberta. The changes stem from a 2019 KMPG review which criticized RECA’s former counsel, following which the council was dismissed and an administrator was appointed. 

While most of changes relate to governance and oversight of RECA, of particular note to condominium managers is that they will officially be managed under RECA. The timeline to complete that process remains unclear as as it depends on how quickly RECA develops manager licensing requirements.  

Another major change for […]

Deferring Condo Fees During The Covid-19 Crisis

Whether or not a condominium can, or should, agree to a unit owner’s request to defer condo fees during the COVID-19 crisis  is a question that we have already been asked a few times and expect to get asked a lot more of over the coming weeks and months. When considering this question there are several issues to take into account. 

Firstly, while there have been changes to some rules (such as the Rules of Court) to deal with the virus and how it is affecting the judicial system, as yet there has not been any announcement or direction from […]

SVR’s Response to the COVID-19 Virus

As the global coronavirus (COVID-19) pandemic continues to unfold, SVR Lawyers has taken steps to minimize the potential impact of the virus.

We are closely monitoring new developments and adhering to the recommendations of public health authorities.

At this time, our office remains open and fully functioning, however we are reducing our hours of operations to 8:00 am – 3:00 pm (MST).

We have put in place the following measures to promote a safe and healthy workplace, and continue to serve our clients without disruption: