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In a bareland condominium complex, the owners own their individual lot (or plot of land), together with the building(s) on their lot. It is the opposite of a conventional condominium complex where the owners collectively own the land (i.e., common property) and individually own their units.
For example, condo owners have access to common areas, can vote on matters and can sue developers or condo corporations for breaches. Condominium ownership also means there are certain responsibilities, such as paying their condo fees on time and following the condominium bylaws and rules.
Our experience has been that the litigation relating to Condo Properties are mostly based on the wide scope of the Section 67 of the CPA. This section mainly deals with the remedies that are ordered by the court in relation to the ?improper conduct? of an ?interested party? of a particular Condo Corporation.
The Alberta Condo Act allows condo corporations to charge a rental deposit equal to $1000 or one month's rent, whichever is greater. A rental deposit requested by a condo is not the same as the security deposit you may collect from your tenant. The deposit is held by the condo for as long as your Unit is rented.
Bareland condominium owners own the lot on which their dwelling sits. The owner would therefore own the structure, landscaping, garage, and any other improvements within the unit boundaries.
Under Section 39(1) of the Condo Property Act, it states simply how a board is allowed to calculate your contributions, essentially, your board has flexibility to raise any amount in condo fees that they deem ?sufficient?. There are no limits or caps.
Bill 19, the Condominium Property Amendment Act, 2022, would reduce the financial risk for condominium owners and corporations and make meetings more efficient. Proposed changes were informed by feedback received from key stakeholder organizations representing condominium owners, boards, managers, and lawyers.