Alberta Condominium Property Act: A complete guide

What is the Alberta Condo Property Act?

Alberta’s Condominium Property Act (CPA) is the legislation that regulates how condominiums are created, governed, and operated in Alberta. The Act was first introduced in 1966 and has since undergone several amendments to reflect the evolving needs of condo owners, corporations, and boards.

The Condominium Property Act outlines key elements such as the structure of condo corporations, the roles of board members, voting procedures, maintenance obligations, and dispute resolution processes. It also provides guidance to developers on disclosure requirements and sets the foundation for how common property and unit boundaries are defined.


This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their corporation’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Condo owner rights and responsibilities

Under Alberta’s Condominium Property Act, condo owners have the right to enjoy and use their unit and common property, provided they follow the rules of the corporation. Owners can typically vote on key decisions, attend meetings, and access specific documents related to the condo's governance and finances, subject to applicable legislation and the corporation's bylaws.

Owners are also typically required to pay monthly condo fees, which contribute to the maintenance of common property, insurance, and reserve fund contributions. An owner may be required to pay a special assessment if major repairs or unexpected costs arise. The Act allows the board to levy these charges when needed, provided proper procedures are followed.

Another important right is access to information. Owners can request key documents such as meeting minutes, financial statements, and the reserve fund study. While transparency is emphasized in the Act, the extent of access and disclosure may depend on the nature of the request and applicable privacy or corporate governance considerations.
 

Condo corporation rights and responsibilities

A condominium corporation is the legal entity created when a condominium plan is registered. Its primary role is to manage the common property and represent the interests of unit owners. Alberta’s Condominium Property Act gives corporations a wide range of responsibilities, including maintaining, repairing, and replacing common property and any portions of the complex the bylaws assign to the corporation. This may include hallways, roofs, elevators, parkades, and shared amenities.

Financial management is also a major obligation. Corporations must prepare annual budgets, collect condo fees, maintain accurate financial records, and fund a reserve account for long-term repairs. Boards are required to conduct regular reserve fund studies and update plans to guide future spending.

If a resident violates bylaws or rules, the corporation may issue a warning, impose fines (as allowed by the bylaws), or take legal steps to resolve the issue. Enforcement must be carried out in accordance with applicable legislation and bylaws.
 

Role of the condominium board

The condominium board is elected by unit owners and acts on behalf of the condominium corporation. Alberta’s Condominium Property Act gives the board significant authority to make decisions that support the corporation's obligations and protect the shared interest of owners.
Board members are responsible for overseeing daily operations, approving budgets, reviewing financial statements, and hiring third-party professionals, such as property management companies. They also lead the planning for reserve fund expenditures and capital improvements.

Meetings are a key part of the board’s function. Regular board meetings are used to review issues and make decisions, while annual general meetings (AGMs) give owners a forum to vote on major initiatives and board elections. Special meetings can also be called for urgent matters or policy changes.

Being a board member is a volunteer role, but it carries legal obligations. Board members must act in good faith, avoid conflicts of interest, and prioritize the best interest of the corporation. The Act includes mechanisms for removing or replacing board members in cases of misconduct or where statutory requirements are not met.
 

How bylaws and rules work

Bylaws and rules are how a condo corporation sets expectations for behavior, maintenance, and property use. Bylaws are legally binding and registered with the Land Titles Office, while rules are usually created by the board and must align with the bylaws.

Under Alberta’s Condominium Property Act, bylaws can cover a wide range of topics such as board structure and election procedures, voting rights, and leasing requirements. Rules, on the other hand, often address more practical day-to-day concerns, like where bicycles can be stored, how garbage should be disposed of, or when amenity spaces can be used.

Owners are required to comply with both, and any changes to bylaws must be voted on by a specific percentage of owners before being registered. Rule changes may also require giving notice to residents, and corporations must make reasonable efforts to communicate those changes clearly.
 

Understanding the reserve fund

A reserve fund is a savings account that condo corporations in Alberta are typically required to maintain. It’s used for major repairs and replacement of common property that aren't covered by routine maintenance. Alberta’s Condominium Property Act requires corporations to conduct a reserve study at least every five years. This study assesses the physical condition of shared components and estimates the costs and timing of future repairs. Based on that, a reserve fund plan is created to guide contributions.

Reserve fund contributions are collected through monthly condo fees. Underfunding the reserve can lead to sudden special assessments, which could cause financial strain for some owners and delay important repairs.
 

Dispute resolution and complaint handling

The Act leaves most conflicts to be settled first inside the community: boards can typically impose bylaw sanctions and owners can usually voice concerns at meetings or request records. If everyone involved agrees, they may submit the dispute to mediation or arbitration under Alberta’s Arbitration Act, but this step is voluntary.

If no agreement is reached, enforcement shifts to the courts, usually the Alberta Court of Justice for debt claims (such as unpaid condo fees or fines) or the Court of King’s Bench for broader remedies like injunctions, damages, or removal of directors under “improper conduct” provisions. Legal outcomes can vary significantly depending on the facts of each case. Boards and owners are encouraged to seek legal advice before initiating proceedings.

FirstService Residential has helped condominium boards across Alberta simplify operations, stay aligned with provincial legislation, and support thriving communities. From financial planning to everyday governance, our team is here to provide expert guidance and hands-on support. Contact us today to learn how we can make a difference for your condo corporation.