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Alberta Condominium Property Act Amendments Finalized
Alberta Amendment Act Paused for Review
Service Alberta recently put a halt to the regulation changes that were to be implemented under Phase II of the Condominium Property Amendment Act, citing that the changes would create too much red tape and cause an unnecessary burden to Alberta condo residents. Minister of Service Alberta, Nate Glubish, released a statement August 8th directing all Real Estate Council of Alberta (RECA) proposed policies, bylaws or regulatory changes to first pass through his office for review and approval.
Alberta has been working towards the Condominium Property Amendment Act for the past five years, with Phase II scheduled for implementation in July of this year. With intentions to modernize legislation, more than 50 amendments were previously approved to help protect owners and increase effectiveness for condo boards. However, in response to stakeholder backlash to the regulations, the current government has paused Phase II to ensure that Albertans are heard and protected.
“Our government has a mandate to cut red tape that creates unnecessary burdens for Albertans in their personal and business lives, and we are working hard to make sure Alberta is open for business and free of unwarranted red tape.”
Minister of Service, Nate Glubish on August 8, 2019
Between July 2019 and January 2020, the government plans to meet with key stakeholders to determine if the regulation changes imposed by the amendment act constitute “an excessive administrative burden or challenge for condo boards, owners, and corporation involved in the condominium industry.” The regulations are anticipated to come into effect January 1, 2020, after stakeholder feedback can be taken into consideration.
To read more about the Amendment Act and it’s three phases, see our previous blog post here.
Please see this press release from Service Alberta for more information: Statement from Minister
Standard Insurable Unit Description | Alberta
Alberta’s New Condo Act – Where We Stand & What to Expect
Whether you are interested in buying a condominium, are currently an owner, or a condo manager, clear legislation set by the provincial government is vital to support self-governance, efficiency between parties, and the protection of all involved within the condominium community.
In December 2014, Bill 9 was passed. This bill, also known as the Condominium Property Amendment Act, was aimed at modernizing and enhancing the legislation previously in place regarding condominiums in Alberta. Since then, there has been an assessment and implementation of new regulations needed to bring about more than 50 amendments to the Condo Act, most of which for the protection of owners. Service Alberta outlines their plan for the implementation of these changes in three main stages:
Service Alberta – Phased Amendment Overview
More on the specifics of this outline can be found here.
For a full outline of the first stage of regulations that were passed on January 1, 2018 & April 1, 2018 – see this article.
Now that the next stages are fast approaching, it’s important to consider some of the upcoming changes that may be passed and how they may affect you.
Stage 2 Regulations – Governance
- Advancing accessibility electronically (i.e., Directors participating in board meetings, certain types of votes conducted)
- Clarifying procedures for voting, in writing and in general meetings
- Enabling certain agreements entered into by the developer to be cancelled within one year of aboard being elected
- Capping fees that can be charged for corporation documents
- Clarifying insurance, maintenance, and repair obligations between owners and the corporation
Stage 3 Regulations – Dispute Resolution
- Establishment of new tribunal
- Must be affordable and efficient forum for certain types of condominium disputes between boards owners, occupants and other interested parties
- Operate under rules and procedures set out in the regulations
- Will operate in a limited geographic area in pilot phase which can be later expanded
- Anything outside of tribunals jurisdiction can still be heard by courts (Ex: Unit foreclosures)
There are a multitude of additional changes proposed regarding transparency and accessible information between owners and the corporation. These include requiring a board to notify owners of major changes to the corporation’s insurance policy and deductibles as well as changes to property replacement cost value and any permitted exclusions. The act has also proposed expanding permitted uses of the reserve fund to allow payment of professional services such as reserve fund studies and reports, and any improvements required by law.
Many of these additional regulations will benefit the majority of stakeholders of the condominium community in Alberta, however it is important that we all be as involved with the changes. Remember to take an interest in the condominium amendment Act, familiarize yourself with the regulations to be introduced and take part in engagement and feedback surveys, such as this one, whenever possible. Together, we can help ensure that appropriate legislation is put together for the hundreds of thousands of Albertans in the condominium community.
Calgary’s New Public Library
The city of Calgary is making international headlines for the construction of their New Public Library. The development was listed on Architectural Digest’s list of 12 Most Anticipated Buildings of 2018. With a $245-million price tag, the new library will open in November of this year and is expected to be completed on time and under budget.
The project is an architectural collaboration between Canadian based firm DIALOG and Norway’s Snøhetta and is being overseen by the Calgary Municipal Land Corporation (CMLC). DIALOG is known for some other Calgary landmarks including the Calgary International Airport, Telus Spark Building, and Energy Environment Experiential Learning Project at the University of Calgary, among other Canadian and US projects. Snøhetta’s designs can be seen around the world, including places such as Norway, Egypt, Saudi Arabia, and San Francisco. You can view some of the other projects by DIALOG and Snøhetta here.
The Calgary Public Library is elated to have these two working with them to build the new state of the art facility. The Communications Director for the library, Mary Kapusta claims, “not only is this going to be a huge landmark for Calgary, this is going to be an internationally recognized landmark for Western Canada.”
Located between downtown Calgary and the East Village, the library will act as a gateway between the two neighbourhoods. The exterior will feature large geometrical shaped windows that create an open ambience on the inside. A natural wood archway will allow for pedestrian access from one side of the library to the other without having to enter the building. The interior will also feature lots of natural wood as well as an enormous skylight in the roof designed to look like a human eye, called the oculus.
Calgary’s new public library will not only be beautiful, it will also be a functional space for learning and community engagement. Plans have been in place since 2004 and have incorporated feedback from Calgarians as to what role they wanted the New Central Library to play in the community.
With it’s 240,000 square feet of usable space and five levels, the library will boast a 350-person performance hall, 30 free meeting rooms, spaces for children and teens with media centres, studio space, and more. The library itself will contain 600,000 items and plenty of quiet study space. “We’re all book lovers so we want book lovers to have a great place to research and read,” says Kapusta.
The building is seen as a “huge engineering marvel” as it sits above Calgary’s Light Rail Transit system. The construction has been ongoing while LRT trains carry commuters underneath a tunnel without interruption. You can see the encapsulation process of the railway in this time lapse video.
To learn more about the Calgary’s New Central Library, you can visit their website here.
Other projects on the Most Anticipated Buildings of 2018 list include the ARC Power Plant in Denmark, The Mwabwindo School in Zambia, Nanjing Green Towers in China, and the National Museum of Qatar in Qatar. You can see the full list here.
Photos courtesy of: https://calgarylibrary.ca
All photos by George Webber Photography and provided to the New Central Library.
Age Restrictions in Alberta Condominiums
In January 2017, an amendment to Bill 23, the Alberta Human Rights Amendment Act, was put forward that would add age as a prohibited ground of discrimination under sections 4 and 5. Age is currently a prohibited ground of discrimination under all sections of the act, except for 4 and 5, which protect against discrimination when facilities, accommodations, services, or goods are provided, and when tenancy is regarded. This amendment was passed on November 14th and new age restrictions will come into effect on January 1st, 2018.
While this amendment makes sense, there are a number of complex issues which were raised. Kathleen Ganley, the Minister of Justice and Solicitor General addressed some of these in a recent news conference and how it will affect condo boards in residential buildings.
Where section 5 is concerned, she acknowledged the significant investment that many Albertans have made based on bylaws which were in place at the time of their purchase. This would allow them to live in communities of their choice. In response to the feedback they received, a few additional amendments were suggested.
Firstly, any seniors living in 55+ communities or condominiums will continue to be allowed to. She explains that the Government of Alberta understands that the older generation may choose to live together with people of a similar age and with certain amenities. There will be exceptions for live-in caregivers and unexpected care of minors.
Secondly, a 15 year transition period will be implemented for all buildings with age restrictions with a threshold of below 55. Hugh Willis, co-chair of the Government Advocacy Committee at the CCI North Alberta Chapter commented on this, explaining that the 15 year period seemed fair. It is enough time to allow owners to either make adjustments, or alternatively, in buildings that have 40+ age restrictions, it allows those owners to reach the 55+ threshold without having to let go of their investment.
Willis said that his CCI chapter consulted many condo owners and the feedback was overwhelmingly in favour of allowing age restrictions to be maintained, but that exceptions should apply.
“The belief that individuals should have a choice in their housing and lifestyle decisions is strongly supported by the condominium owners we consulted with in Alberta. At the same time, we recognize the national trend that restrictions by age can affect communities where there is a critical shortage of housing. As a result, we feel that the 15-year transition period is a reasonable and common sense solution to allow existing condominium owners to make consumer decisions.”
To read more about to Bill 23, the Alberta Human Rights Amendment Act, click here. To hear a recording of the news release, click here.