Governing Documents and Compliance in Alberta

Types of Governing Documents

In Alberta, condominium corporations must follow specific governing documents that regulate operations, responsibilities, and owner rights. These documents include:

Condominium Property Act (CPA)

• The Condominium Property Act (CPA) states a corporation shall be responsible for the enforcement of its bylaws and the control, management and administration of its real and personal property and the common property.

• The CPA is the primary legislation governing condominiums in Alberta, outlining the responsibilities of the condominium corporation, board members, and unit owners.

  
  

Condominium Plans

• The CPA states that a condominium plan defines:

  • Unit boundaries (e.g., walls, floors, ceilings).

  • Common property and exclusive-use areas.

• The condominium plan is a legal document that establishes the physical layout of the property.

  
  

Bylaws

• The CPA requires condominium corporations to have bylaws that regulate:

  • The board’s governance structure.

  • Unit owner responsibilities.

  • Use of common property.

• Bylaws must be registered with Land Titles and must not contradict the CPA.

  
  

Rules

• The CPA allows corporations to create rules that:

  • Govern the use of common areas (e.g., parking, hallways).

  • Promote safety and security.

• Rules must be reasonable and consistent with the corporation’s bylaws.

Role of Governing Documents in Compliance

Governing documents provide a legal framework for managing a condominium. Compliance with these documents is essential for:

1. Ensuring Legal Compliance

   • Condominium managers must ensure that all decisions and operations align with the CPA, bylaws, and rules to avoid legal disputes.

   • The Real Estate Act Rules states that condominium managers must:

     • Ensure compliance with governing documents.

     • Maintain accurate records of decisions and financial matters.

       
       

2. Enforcing Bylaws and Rules

   • The board has authority to enforce bylaws and rules.

   • If an owner violates a bylaw, the board can issue a written notice and take action to resolve the issue.

     
     

3. Decision-Making and Operational Impact

   • Governing documents help condominium managers and boards make consistent and fair decisions regarding maintenance, budgeting, and governance.

   • Example: A bylaw may restrict short-term rentals in the building. The condominium manager must ensure that all residents comply with this rule.

Activity: Case Study

Scenario:

You are the condominium manager for a 100-unit complex. A resident complains about another unit using a short-term rental service (e.g., Airbnb).

Task:

1. Review the condominium’s governing documents:

   • Check the bylaws for any restrictions on short-term rentals.

   • Confirm if the corporation has specific rules governing rental terms.

2. Determine Compliance Actions:

   • If the bylaws prohibit short-term rentals, what enforcement steps should be taken?

   • If the bylaws are silent on this issue, what legal considerations apply under the CPA?

3. Provide a Compliance Recommendation:

   • Draft a response to the board outlining next steps, including enforcement options and possible amendments to the rules.