COVID-19 has forced us to make adjustments in nearly every facet of life as we know it. The way condominium corporations are no exception. While the management of a condo might not be top of mind when the idea of adjusting to COVID-19 comes up, there are important considerations that have to be made in light of our inability to gather together. As a result, the Alberta government issued an order on April 9, 2020 which temporarily suspends a number of time frames and obligations related to condominium corporations.
Modifications to the Condominium Property Act
The order makes a number of temporary modifications to the Condominium Property Act. The first is that interim boards can hold office until a board is elected, recognizing that meetings under the Act will be delayed. The requirements to do so have been suspended, as has the ability of owners to convene meetings. Other meetings that have been suspended are annual general meetings and special general meetings under the request of an owner. General meetings normally required for developers have also been suspended.
Additionally, Section 24.1 (4.1) has been modified to state no person other than those who regularly occupy a unit, are entitled to enter a unit unless expressly or impliedly invited by a person who does live there if the following conditions are met:
(a) any person who regularly resides in the unit is self-isolating, in quarantine, or displaying symptoms consistent with the pandemic COVID-19 or has tested positive for COVID-19; or
(b) the person seeking entry is self-isolating, in quarantine, or displaying symptoms consistent with the pandemic COVID-19 or has tested positive for COVID-19.
Changes to the Condominium Property Regulation
The event of a public health emergency has been added to the list of events that may delay occupancy beyond the final occupancy date for a unit. This allows a delay to happen without liability or a right of recession by a purchaser. In addition, the five-year time period to carry out a reserve fund study has been suspended.
The full order can be found here. We will continue to update our readers as developments occur in relation to condominiums or any other areas of our practice.
Condominium disputes require legal advice from knowledgeable counsel with experience addressing such matters and who understands the complex condo industry. Contact HMC Lawyers to speak with a member of our Advocacy Team and get strategic and trustworthy advice. Call 1-800-480-3534 or contact us online. We represent clients in Calgary, the province of Alberta, and across Western Canada.