Alberta

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Alberta

Jurisdiction:

Condominium Corp. No. 042 5636 v. Chevillard (Alberta Master)

Fines not properly levied by Condominium Corporation. Corporation also not entitled to costs for application to remove dog that had already been removed
Jurisdiction:

Condominium Plan No. 8210034 v. King (Alberta Master)

“Test Case.” Alberta Master sets out general principles respecting the collection rights of Alberta condominium corporations
Jurisdiction:

Dollan v. The Owners, Strata Plan BCS 1589 (British Columbia Court of Appeal)

Appeal dismissed. Corporation’s refusal to allow owner to change opaque “spandrel window” to normal vision window significantly unfair. Owner permitted to change window
Jurisdiction:

Condominium Corporation No. 0321365 v. MCAP Financial Corporation (Alberta Court of Appeal)

Appeal allowed in part. There were genuine issues for trial respecting claims against the developer’s lender
Jurisdiction:

Condominium Plan No. 762 1828 v. Marusyn (Alberta Court of Appeal)

Appeal dismissed. Condominium corporation granted access to unit to carry out common element repairs (to exterior doors)
Jurisdiction:

Condominium Corporation No. 0425177 v. Jessamine (Court of Queen's Bench of Alberta - Master in Chambers)

Legal costs related to common expense collections cannot be added to lien. They can only be the subject of an unsecured claim against the owner
Jurisdiction:

The Owners: Condominium Plan No. 872287 v. Callaghan (Court of Queen's Bench of Alberta - Master in Chambers)

Condominium corporation has no right to lien for recovery of “individual obligation”
Jurisdiction:

Hillview Park Condominium Corporation 8120257 v. Exit Realty Fort McMurray (Alberta Provincial Court)

Manager entitled to compensation in lieu of proper notice of termination
Jurisdiction:

Condominium Corporation No. 1011382 v. La Caille Eighth Street Inc. (Court of Queen's Bench)

Bylaws exempted developer’s vacant units from condominium fees for first year
Jurisdiction:

In the Matter of a Plan of Compromise or Arrangement of Medican Holdings Ltd., Axxess (Grande Prairie) Developments Ltd., et al (Court of Queen's Bench of Alberta)

Condominium was “substantially complete” despite construction deficiencies. Proceeds of remaining sales not to be held in trust
Jurisdiction:

Condominium Plan No. 772 1806 v. Gobeil (Alberta Court of Queen's Bench)

Court orders condominium corporation to reconsider its decision requiring that the owners relocate their shed
Jurisdiction:

Bank of Montreal and CIBC v. 7177232 Canada Incorporated et al (Court of Queen's Bench of Alberta)

Condominium status terminated and property ordered sold as a single parcel