CONDOMINIUM PROPERTY ACT - Alberta

1 Published by Alberta Queen s Printer E-mail: Shop on-line at Alberta Queen s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Alberta Regulation 168/2000 With amendments up to and including Alberta Regulation 148/2018 Current as of July 10, 2018 CONDOMINIUM PROPERTY ACT CONDOMINIUM PROPERTY REGULATION Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20__.

2 * *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. (Consolidated up to 148/2018) Alberta REGULATION 168/2000 CONDOMINIUM PROPERTY Act CONDOMINIUM PROPERTY REGULATION Table of Contents 1 Interpretation Part 1 Registration of CONDOMINIUM Plans and Other CONDOMINIUM Documents 2 Registration of plans 3 Form of plan 4 Diagrams 5 Designation of units 6 Unit factors 7 Information to be contained in Schedule 8 Numbering of plan sheets 9 Endorsements re redivision or consolidation 10 Additional sheets to CONDOMINIUM plan 11 Certificates of title to units 12 Change in by-laws 13 Certificate given by corporation

3 14 Instrument executed by corporation 15 Appointment of an administrator 16 Notice of termination of plan 17 Certificate given by corporation 18 Transfer of parcel 19 Change of address 20 Directors of corporation Part Duties of a Developer Additional information provided to purchaser Fees prior to levy of contributions Content, delivery of proposed budget Consequences of underestimated expenses Material change Regulation prevails AR 168/2000 CONDOMINIUM PROPERTY REGULATION 2 Part Occupancy Date Definitions Occupancy date statement Consequences of delay in occupancy Delay for legitimate cause Agreements.

4 Damage claims not precluded Part Documents Provided to Elected board Documents provided to elected board Part Payments Held in Trust Trustee Notification by prescribed trustee Release of trust money Payment of trust money into Court Trust account records Part Termination of Agreements Agreements that cannot be terminated Part 2 Capital Replacement Reserve Fund 21 Definitions 22 Corporation as qualified person 23 Reserve fund study, report and plan 24 When reserve fund study, report and plan must be prepared 25 Exemption from reserve fund study, report and plan re rental units 26 When study, report and plan must be prepared re conversions, etc.

5 27 Maintenance of reserve fund 28 Repairs, etc. not to be construed as capital improvements 29 Annual report 30 5-year review 31 Access to reserve fund plan and annual reports Part Investments Authorized investments AR 168/2000 CONDOMINIUM PROPERTY REGULATION 3 Part 3 Phased Development 32 Application of Part

6 33 Developments not included under this Part 34 Existing building and land 35 Phased development disclosure statement 36 Completion of project 37 Court order terminating development 38 Registration of CONDOMINIUM plan 39 Amendment to plan re subsequent phase 40 Restrictions on registration 41 Common PROPERTY re amendment to plan 42 Operation of phases under the Act 43 Sale of units 44 Convening of meeting and election of board 45 Easements Part Conversions Interpretation Conduct of building inspection.

7 Survey Content of building assessment reports for conversions Summaries respecting deficiencies in conversions Part 4 Amalgamation 46 Definitions 47 Authority to amalgamate 48 Pre-amalgamation meeting 49 Amalgamation disclosure statement 50 Resolutions of the owners 51 Registration 52 Amalgamated corporation 53 Notification of amalgamation 54 Meeting of corporation 55 Capital replacement reserve fund 56 Assumption of obligations Part 5 Modification of CONDOMINIUM Plans 57 Application of Part 58 Notification of consolidation of units AR 168/2000 CONDOMINIUM PROPERTY REGULATION 4 59 Common PROPERTY 60 Registration of consolidation Part 6 Insurance 61 Perils to be insured against 62 Amount of

8 Insurance Part 7 Purchaser s Protection Programs 63 Definitions 64 Application of Part 65 Approval of Minister 66 Purchaser s protection program having general application 67 Requirements of a purchaser s protection program 68 Form of purchaser s protection program 69 Certificate of sponsor Part 8 Amendment of CONDOMINIUM Plans 70 To be amended in accordance with this Part 71 Amendments by corporations 72 Doors and windows 73 Documentation must be completed Part Administrative Penalties, Service Notice of administrative penalty Time of payment of administrative penalty Service of Director s orders, notices Part Appeals Appeal fee Part 9 Miscellaneous 74 Fees under the Land Titles Act 75 Fee payable to a municipality 76 Rate of interest re contributions 77 Mediation and arbitration 78 Builders liens Exemptions respecting non-residential units Section 1 AR 168/2000 CONDOMINIUM PROPERTY REGULATION 5 Offence Part 10 Transitional Provisions, Repeals.

9 Expiry and Coming Into Force Transitional 80 Repeal 81 Expiry 82 Coming into force Schedules Interpretation 1(1) In this Regulation, (a) Act means the CONDOMINIUM PROPERTY Act; ( ) delivery and distribution systems has the same meaning as in section 1(1)(m) of the New Home Buyer Protection Act; ( ) plan of redivision means a CONDOMINIUM plan registered pursuant to section 20 of the Act; (b) Registrar means the Registrar of Land Titles. (c) repealed AR 151/2006 s2. ( ) For the purposes of section (1)(b)(ii) of the Act, as built drawing means a document that (a) shows all substantial changes made in the specifications and working drawings during the construction process in respect of (i) the delivery and distribution systems to which the Safety Codes Act applies, including electrical, gas, plumbing, heating, ventilation and air conditioning systems, and (ii) any other pipes, wires, cables, chutes or ducts or other systems that provide for the passage or provision of services, and (b)

10 Identifies the actual location of the systems referred to in clause (a). Section 2 AR 168/2000 CONDOMINIUM PROPERTY REGULATION 6(2) For the purposes of section 14(1)(b) of the Act, the following are the requirements to be met in order for a person to be a cost consultant: (a) in the case of an individual, that individual must be, based on reasonable and objective criteria, knowledgeable with respect to (i) the costs of construction of units and common PROPERTY that are the subject of section 14 of the Act, and (ii) the determination as to when the construction of those units and that common PROPERTY , as the case may be, is substantially completed.