Tom Docking -  Lawyer Tom Docking in Canmore
The Rocky Mountains near Canmore, Alberta
www.canmorelawyer.com
Real Estate - Corporate / Commercial - Wills & Estates
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CONDOMINIUM CORPORATIONS:

        Upon registration of the Condominium Plan (CP), a Corporation, without share capital, in which the members are the Owners of the Units, is automatically formed.  The objectives of the Condominium Corporation (CC) is to manage the property and assets of the CC.  The Unit Owners, in the proportion specified in the CP or other formula set out in the By-Laws, pay for these functions.

        The CC is directed by the Board of Directors.  The Board is elected by the Owners in the manner set out in the By-Laws and must meet the requirements set out in the By-Laws.

        The CC has a duty to effect compliance with the Condominium Property Act, the CP and the By-Laws.  The CC may sue for and in respect of any damage or injury to the Common Property, caused by any person, whether an Owner or not.  In addition, a CC may be sued in respect of any matter connected with the land for which the Owners are jointly liable.

        The Condominium Property Act provides for By-Laws to regulate the CC and to provide control, management and administration of the Units, the Common Property and the property of the CC.  Initially, the By-Laws are mandatory and are the statutory By-Laws imposed by the Condominium Property Act. These statutory By-Laws are usually replaced.

        The general powers and duties of the CC are:

  • responsible for the enforcement of the By-Laws, and the control, management and administration of the Common Property and the CC's real and personal property,
  • establishment of a fund and raise monies sufficient for the administration, insurance, control and management and other obligations of the CC,
  • assessing condominium fees and if unpaid to recover by action in debt,
  • filing Caveats on Owner's Units for failure to pay condominium fees,
  • charging interest on outstanding condominium fees,
  • investing surplus funds,
  • providing information to certain parties like Estoppel Certificates, Information Statements and Insurance information,
  • insuring the Units and the Common Property against loss by fire and other perils specified by the By-Laws
  • if so authorized, acquiring or disposing of real property and disposing of Common Property,
  • collecting security deposits and enforcing the rights of landlords leasing residential Units, and
  • if authorized by By-Law, impose a non-monetary or monetary sanction on an Owner, tenant or invitee for breaches of the By-Laws.

 

 

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