7.2 Condominium Corporation Governance & Bylaws
Key Takeaways
Plan registration creates the corporation. Its board exercises corporate powers within the Act, regulation, bylaws and lawful owner directions.
A director’s material interest in a transaction triggers disclosure, voting and quorum rules.
The first owner-election meeting, turnover documents and the first AGM have distinct statutory requirements.
A special resolution uses both the eligible-person and unit-factor thresholds. A bylaw change also requires filing and a memorandum on the plan.
Distinguish rule administration, bylaw sanctions and statutory chargebacks, including applicable notice and dispute processes.
Identify who can act for the corporation
Registration of the condominium plan creates the condominium corporation under section 25 of the Condominium Property Act. It consists of the unit owners and uses the registered plan number in its statutory name. Under sections 28 and 28.2, the board exercises corporate powers subject to the Act, regulation, bylaws and lawful directions or restrictions in an ordinary resolution. Its duties include maintenance, insurance, financial oversight and enforcement.
Board members must act honestly and in good faith in the corporation’s best interests, and exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances. Under section 28(3)–(4), a member with a material interest in a contract declares it, abstains from the vote and does not count for quorum on the matter, subject to the unit-ownership exception. When a director’s business is bidding on a repair, review the disclosure and resolution before relying on the board’s decision.
A self-managed corporation carries out management through its own people. A professionally managed corporation contracts for services, while a partially managed one retains some tasks and contracts for others. Ask who keeps records, collects money, handles after-hours problems and can answer a buyer’s questions. Verify licensing when a third party supplies regulated condominium management services and check the management agreement for delegated authority. The board’s statutory obligations continue when it contracts for services.
Track the transition and meeting clocks
| Event | Trigger and responsibility |
|---|---|
| Interim board representative under Act section 10.11 | Within 90 days after titles representing 25% of unit factors have issued to purchasers, the developer convenes a meeting to elect an owner to the interim board. This representative has no vote on the interim board. |
| First owner election under Act section 29 | The developer convenes a meeting within 90 days after titles for units representing 50% of unit factors have been issued in purchasers’ names. An owner may convene it if the developer misses the deadline. Count unit factors. |
| Turnover under section 16.1 | At that section 29 meeting the developer provides required records without charge, including warranties, available working and as-built drawings, corporation agreements, permits and applicable reports. The interim board separately provides its minutes, resolutions and other records. |
| Annual general meeting under section 30 | The board convenes the first AGM within 12 months of plan registration and subsequent AGMs annually within 15 months of the preceding AGM. The Act sets a 14-day minimum for the notice and annual financial package, subject to the regulations. |
| Owner-requested special general meeting under section 30.1 | Owners representing at least 15% of all unit factors can request it in writing and specify the business. The board has 30 days from receipt to convene it and must give at least 14 days’ written notice. The requesting owners may convene it if the board misses the deadline. |
Apply the correct voting and rule process
For an ordinary resolution at a properly convened meeting, check eligible persons present or represented by proxy and the applicable voting method under sections 1 and 26. The Act provides for an owner vote, a bylaw-authorized alternative, or a unit-factor vote. On an owner vote, co-owners each have a vote and an owner with multiple units has one vote. On a unit-factor vote, co-owners represent their respective shares of the factors. A person entitled to vote can require a unit-factor vote before the results of an owner or alternative vote are announced. A written ordinary resolution outside a meeting requires a majority of all eligible persons representing more than 50% of all unit factors.
A special resolution under section 1(1)(x) requires support from at least 75% of all persons entitled to vote and at least 75% of all unit factors. On a 10,000-factor plan, 7,500 factors are necessary. A written special resolution uses the same two thresholds. The result can fail even with strong support among meeting attendees.
Schedule 4 sets out the initial bylaws. Under section 32, an amendment, repeal or replacement requires a special resolution, filing and a memorandum by the Registrar on the plan. Section 32.1 allows reasonable board-made administrative rules consistent with higher authority. These rules cannot restrict uses of units. Check the bylaws and consolidated rules when advising on occupancy, pets, parking or other intended use. Section 32(5) limits bylaws affecting transfer, lease and other dealings in units.
Distinguish a sanction from recovering a cost
Under Act sections 35–36 and Regulation sections 73.7–73.81, serve a proposed sanction with particulars and at least three days excluding holidays for response or corrective action after service. A sanction decision belongs to the board. Serve the prescribed final notice if it imposes a sanction. The maximum for a first discrete breach is $500 and for later discrete breaches $1,000, subject to lower bylaw limits. Continuing non-compliance follows a separate weekly rule. The regulation prohibits monetary sanctions for rule breaches. A monetary sanction is excluded from contributions under section 39(3). A section 39.01 cost chargeback follows a separate process.
The Condominium Dispute Resolution Tribunal began operating April 1, 2026. Its current jurisdiction includes specified document, general meeting and monetary sanction disputes. For a disputed statutory cost chargeback, check the separate Court of King’s Bench appeal path. For housing restrictions, verify age rules and any grandfathering with the Alberta Human Rights Commission. Qualifying pre-2018 restrictions have a transition ending January 1, 2033, and seniors-only housing generally has a minimum age threshold of 55 with specific exceptions. Check who is covered before advising on eligibility. Consider disability-related accommodation requests, including assistance animals, to the point of undue hardship.
Condominium Property Act · Condominium Property Regulation · RECA licensing guidance · Alberta condominium tribunal · Alberta Human Rights Commission
Exactly 100 people are eligible to vote on a bylaw change. The plan totals 10,000 unit factors. At a properly convened meeting, 80 eligible people are represented. Of those, 65 people representing 7,150 factors vote in favour. Does the special resolution pass?
Yes, because more than 75% of the represented people voted in favour.
Yes, because more than 7,000 factors voted in favour.
No, because a bylaw amendment requires unanimous approval.
No. It falls short of both 75 eligible persons and 7,500 unit factors.
Titles for units representing 50% of unit factors have now issued to purchasers. The developer convenes the section 29 meeting on time. What turnover obligations apply at this meeting?
Only owners’ private financing records must be provided.
Under section 16.1 the developer gives the corporation the required warranties, existing drawings, agreements, approvals and applicable reports without charge. The interim board separately supplies its records.
All documents are due 180 days after first transfer, regardless of the meeting date.
The corporation must postpone requesting all documents until its second AGM.
The registered bylaws prohibit commercial banners on common property and authorize monetary sanctions. For a first discrete breach, the board immediately demands $1,500 without serving a proposed sanction. What is wrong with the demand?
Only the municipality can deal with a condominium bylaw breach.
The corporation must obtain an ordinary resolution at its AGM for every sanction.
The proposed notice and response process was skipped, and $1,500 exceeds the $500 first-breach limit.
The board can avoid the process by recording the same amount as an ordinary contribution.
Sections you finish are checked off in the contents.