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Understanding the Dower Act and Contribution Arrears

Overview of the Dower Act & Its Impact on Condominium Contributions


The Dower Act is a piece of Alberta legislation that protects the rights of a non-owner spouse when a property is being sold or encumbered. It applies when:

  • A condominium unit is owned by only one spouse, but the unit serves as the couple’s primary residence.

  • Any financial action, such as placing a caveat for unpaid condominium contributions, may impact the non-owner spouse’s rights.


Collection of Arrears & the Dower Act


Condominium corporations may place a caveat on a unit when contributions (fees, levies, or assessments) are unpaid. However, if the unit is a Dower-protected property, special considerations may apply. Before taking legal action, corporations should:


  • Determine if the unit is the primary residence of a married owner.

  • Assess whether the non-owner spouse has Dower rights, which may require additional legal steps before enforcing a caveat.

  • Ensure compliance with all procedural requirements to avoid disputes or legal challenges.


Legal Considerations in Enforcing Arrears Under the Dower Act


If a condominium corporation fails to follow the Dower Act requirements, there may be legal risks, including:


  • Challenges to caveats or foreclosure actions—if the non-owner spouse’s consent was not properly obtained.

  • Delays in debt collection—as legal disputes may prevent enforcement.

  • Potential financial losses—if a claim is deemed invalid due to non-compliance.


Practical Application:


Ensuring Compliance with the Dower Act

To ensure legal compliance when pursuing arrears, condominium managers should:


  • Verify Dower rights before taking enforcement actions.

  • Ensure all required disclosures and procedures are followed when registering a caveat.

  • Seek legal guidance if a dispute arises over unpaid contributions.


By properly addressing Dower Act considerations, condominium corporations can avoid legal challenges while ensuring contributions are collected efficiently.

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