7.4 Condominium Document Review & Conditions
Key Takeaways
Section 43.2 governs estoppel certificates and section 44 governs requests for prescribed documents. Match each request to the information the buyer needs.
An estoppel certificate is conclusive in favour of the requester for matters certified, for the relevant units and as of its date.
Compare plans, minutes, reports, insurance and financing records across dates before drawing conclusions about a levy or project.
Regulation section 62.4 governs deductible recovery and Act section 39.01 governs qualifying cost chargebacks.
Check contractual delivery, review and notice deadlines before advising on a resale condition. Developer purchases can have additional statutory rights.
Request the right documents for the decision
The Condominium Property Act creates the disclosure and governance rights. The Condominium Property Regulation identifies prescribed documents, information and fees. In a resale, use the registered plan and titles from Land Titles to verify what is being conveyed. Request current corporation records from the corporation or its manager. Section 20.53 caps ordinary fees for the estoppel and information statement at $200 and $100 respectively, with separate provisions for rush service and other documents. Under sections 43.2 and 44, the corporation has 10 days after receiving the relevant written request from an eligible owner, purchaser, mortgagee, solicitor or written representative. Allow time in the purchase contract for delivery, review and notice.
| Evidence | What to check |
|---|---|
| Section 44 information statement, Regulation section 20.52(1)(a) | Find known structural deficiencies, reserve amount, contribution basis, unit factor criteria and current loan terms. Check actions served on the corporation, unsatisfied judgments or orders and qualifying written demands exceeding $5,000. |
| Other section 44 documents | Request the annual financial statements and budget, reserve fund plan and reports, bylaws and rules, insurance policies and certificates, standard insurable unit description, parking or storage agreements, cable particulars and relevant professional reports. Privilege and retention rules can affect availability. |
| Minutes for specified fiscal years | Request approved board and general meeting minutes, and qualifying draft general meeting minutes where approved ones are unavailable. Review multiple years where useful for identifying recurring problems. If approved general meeting minutes are unavailable, section 20.52(1)(h) includes draft minutes of general meetings that occurred at least 30 days before the request. Check recent developments directly, including events after the last available minutes. |
| Section 43.2 estoppel certificate | Verify the owner's contribution amounts and frequency, arrears and interest. Check unpaid levies and required disclosure of proposed section 39.01 chargebacks for which notice has been served. An estoppel is conclusive for the requester on the certified matters, relevant units and certificate date. |
A purchaser who requests a certificate showing zero contribution arrears can rely on what it certifies as of its date. A new bill may relate to something outside that scope. Send any discrepancy to counsel with the certificate, demand, unit and dates. Ask counsel to review title, contribution payments, approved levies, installment dates and contractual adjustments before closing. Refresh the evidence when needed.
Read the package across dates
Suppose a recent engineering report recommends parkade repairs within a year, while the financial statements are ten months old and the information statement shows no served claim. Review the report, reserve plan and current balances together. Ask whether the board adopted the work, secured funding, approved a levy, or changed its schedule. Minutes flag decisions and discussions. Obtain the governing resolution and seek professional review before drawing conclusions about the building or allocation.
In a resale, specify the required package, delivery date, review period, condition deadline, and notice terms in the agreement. An accepted agreement can bind the parties while the duty to complete remains conditional. A prospective buyer facing a material gap can seek specialist advice, ask for a written extension or revised terms, or follow the signed non-satisfaction and deposit provisions. A missing record calls for checking the agreement rather than assuming extra time. A developer purchase has different statutory protections, including disclosure and rescission under sections 12–13 and trust requirements under section 14. For section 13, count ten days from the later of signing or receipt of all required documents, and check the written notice requirements. Confirm the appropriate form and closing procedure with counsel. The Law Society's Protocol guidance distinguishes eligible resales from developer sales.
Check insurance and distinguish two recovery routes
Read the corporation’s policy, current certificate, and any applicable standard insurable unit description. The latter identifies the insured standard for relevant residential units. The owner should confirm with an insurance professional how their own policy addresses contents, improvements, liability and deductible exposure. The applicable coverage and limits depend on the policy and the unit. Regulation section 60.2 allows the corporation to require deductible insurance by bylaw.
- Regulation section 62.4 allows recovery up to the corporation’s deductible, capped at $50,000 under that section, for damage originating in or from a unit or its assigned exclusive possession area. The corporation can use this route without making an insurance claim. Exceptions include specified construction defects, acts or omissions attributable to the corporation or listed people, and specified normal structural deterioration.
- Act section 39.01 concerns costs attributable to a qualifying act or omission where bylaws authorize chargebacks. The Act uses the lesser of actual costs plus reasonable related service costs and the policy deductible limit. Regulation sections 73.91–73.94 require proposed notice within 90 days after the board knew or ought to have known of the act or omission, a written-response deadline of at least 10 days excluding holidays, a board resolution if it imposes the chargeback, and service of the chargeback statement. The owner may appeal to court within 30 days from service of that statement. Identify the route and facts before advising on exposure.
For eligible buildings, request the new technical analysis when available. It addresses the building envelope and structural components, and the regulation generally requires it within four years of the first unit’s occupancy in the building. Check whether the building was already occupied when the February 26, 2026 rules took effect. A conversion can involve a different converted property study.
Condominium Property Act · Condominium Property Regulation · Alberta 2026 changes · Alberta special levies · Law Society conveyancing guidance
A purchaser makes a written section 43.2 request. The corporation’s certificate states there are no contribution arrears for the unit as of September 1. After closing the corporation demands $3,200 solely for contributions already in arrears on September 1. What does the certificate establish?
It determines that the building had no pending capital project on September 1.
It is advisory and the buyer must pay any historic bill before challenging it.
It is conclusive in the requester’s favour on the certified arrears for this unit as of September 1. Refer the demand and certificate to counsel.
It automatically requires the buyer’s title insurer to pay the demand.
A kitchen supply hose in an owner’s unit causes $110,000 of water damage. The corporation’s deductible is $75,000. Assume it proceeds only under Regulation section 62.4 and none of that section’s exclusions applies. What is the maximum recovery from this owner under that section?
$50,000
$75,000
$110,000
$0 if the corporation has yet to make an insurance claim
During a resale document review, minutes and an engineer’s report identify proposed parkade work estimated at $1.4 million. The buyer’s latest documents show no approved special levy. What should the associate do before the condition deadline?
Tell the buyer there is no cost exposure because the current estoppel contains no overdue levy.
Promise warranty coverage for the full amount because the work concerns a structural component.
Assume a special levy for the full project cost has already been approved.
Flag the proposed work, verify its status and funding, and review the buyer’s options and notice requirements with the broker and appropriate advisers.
Sections you finish are checked off in the contents.