Primary Legislative Documents
Condominium managers must be familiar with several Alberta laws and regulations that establish liability standards and governance requirements.
A. Occupiers’ Liability Act (the Act)
This Act defines an occupier’s responsibilities and liability exposure. It states that: "An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that a person and that person’s property on the premises will be reasonably safe in using the premises." For condominium corporations and managers, this means:
A duty of care applies to common areas such as hallways, stairwells, parking lots, and amenities.
Liability may arise if reasonable safety measures are not implemented or enforced.
B. Condominium Property Act and Condominium Property Regulation
Establishes governance and operational standards for condominium corporations.
Defines management responsibilities related to financial management, maintenance, and record-keeping.
Outlines the rights and obligations of condominium boards, unit owners, and managers.
C. Real Estate Act Rules & Real Estate Act Bylaws
Regulates the conduct and licensing of condominium managers.
Specifies brokerage requirements for those managing condominium properties.
Includes disciplinary procedures and enforcement mechanisms for non-compliance.
D. Ministerial Regulation
Sets out specific requirements for licensed professionals, including condominium managers.
Includes provisions related to professional conduct, record-keeping, and client trust accounts.
Key External Resources
In addition to legislative documents, condominium managers can refer to external resources for guidance on liability management.
A. Real Estate Council of Alberta (RECA) Guidelines
RECA publishes standards and best practices for condominium managers.
Provides guidance on risk management, ethical conduct, and compliance with licensing requirements.
B. Case Law Databases
Past court decisions interpret how Alberta courts apply condominium legislation.
Reviewing legal precedents helps managers understand liability risks and compliance obligations.
C. Insurance Industry Recommendations
Risk mitigation strategies recommended by insurance providers can help reduce liability exposure.
Policies typically cover risks related to personal injury, property damage, and financial mismanagement.
Creating a Reference Guide for Condominium Boards
A quick-reference document helps condominium boards understand legal and regulatory requirements.
Instructions:
List Key Legislative Documents: Include the Occupiers’ Liability Act, Condominium Property Act, Real Estate Act Rules, and Ministerial Regulation.
Summarize Responsibilities: Outline liability obligations for condominium boards, managers, and owners.
Include External Resources: Add links to RECA guidelines, case law databases, and insurance industry recommendations.
