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Home COFSAB Forum Condo Owners Forum Q&A Is the problem Alberta Law or our Condo Bylaws? Reply To: Is the problem Alberta Law or our Condo Bylaws?

  • Phil

    July 1, 2023 at 8:18 am

    If you are looking for a definitive answer on whether Alberta Condo Law differs from BC, the answer is yes. Provincial legislation is unique to that province and can’t be compared in arguing that ‘it’s ok in BC why isn’t it ok in Alberta?’

    Also, as you say, ‘In my case our Condo Bylaws has a clause about treating all owners “Equally”. which is proving to be restrictive, your Bylaws most likely have other clauses which give the Board power to approve or deny renovation requests, require owners to get approval before doing the work, not allowing Owners to make changes to base building utilities or services, etc. So you’re stuck unless you can get your bylaws changed. These clauses are not uncommon in Condominium Bylaws.

    In Alberta to change your Bylaws, all you have to do is call for a meeting to discuss based on your Bylaw showing what number of Owners it would take to request a special meeting, or you can wait until your AGM to ask for a motion for changes on your specific issue. Once you have the meeting you need 75% of unit factors AND 75% of all the Owners entitled to Vote to pass a special resolution changing your Bylaws. NOT EASY!

    COF has been lobbying the Alberta Government to make the burden of being able to pass a special resolution somewhat easier to do by lowering the threshold, but they are VERY reluctant to do so.

    A good reference library on Alberta Condo Law is:

    If you are looking for caselaw that would support (or confirm your position or confirm the Board has the right to refuse additional washers and dryers, see,unspecified&text=condominium%20renovations&origJId=ab

    Please spread the word!
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