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The Alberta government hopes changing how condominium corporations can charge owners for property damage will better protect residents from escalating condo fees.
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Service Alberta Minister Nate Glubish introduced Bill 19, the Condominium Property Amendment Act, on Thursday, saying it will help boards better recover damage costs so that the entire corporation isn’t on the hook.
If passed, the law would mean condo corporations across the province won’t have to go to court to determine who’s responsible for paying for repairs, along with legal and administrative fees.
Earlier Thursday, Glubish told reporters condo-owner associations have long called for the legislation to address an “enormous problem,” since it’s often difficult for them to recover the costs of expensive damage to common property like elevators and garage doors.
“This is all about protecting responsible owners from having to bear the costs of irresponsible owners,” said Glubish.
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“These costs add up, and the only way to pay for those costs is to increase condo fees and that means that every condo owner — even if you’re a good actor who has never caused any damage — had to bear the costs of those .”
In a Thursday government news release, representatives from the Association of Condominium Managers of Alberta, the Condo Owners Forum Society of Alberta, and chapters of the Canadian Condominium Institute endorsed the move.
Glubish said condo boards will need strong and compelling evidence for charging for the damages as well as a fair way for owners to appeal decisions.
“Nothing that we’re doing in this legislation takes away due process,” he said.
However, those exact due process rules are yet to be set out in regulations, which are expected in the fall. If passed, Bill 19 won’t come into effect until the regulations are finalized. Individual owners could still appeal to the courts if they believe they shouldn’t have to pay.
The legislation also aims to streamline condo board meetings by allowing for a one-owner, one-vote process for simple items like approving agendas at general meetings, instead of voting by a calculation of unit square-footage someone owns.
Glubish said owners will still have the option to call for a unit-factor vote, but keeping it as the status quo is onerous and makes meetings painfully long.
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