7.1 Condominium Property Act & Unit Architecture
Key Takeaways
The unit has its own title. The owners hold common property as tenants in common according to their unit factors.
Use the registered plan and section 9 to determine building-unit boundaries. Check maintenance and insurance independently.
Bare land boundaries are surveyed. A bylaw can make parts of a unit managed property.
Unit factors total 10,000 per plan. Check whether the contribution uses those factors or a valid alternate allocation.
Verify whether parking or storage is a titled unit, an exclusive possession right or an assignment before describing what transfers.
Start with the registered plan and titles
Under Alberta’s Condominium Property Act, the unit has its own certificate of title. In a typical fee-simple condominium, owners hold title to their units. The Act also recognizes certain registered leasehold units. Under sections 5–6, unit owners hold common property as tenants in common in proportion to their unit factors. The share generally passes with the unit. The corporation manages common property and can also own property in its own name. Verify the rights being transferred from the actual plan and titles.
| Property type | What to verify |
|---|---|
| Building unit | The plan can define boundaries by reference to floors, walls and ceilings. Under section 9, unless the plan provides otherwise, the interior finishing materials on those boundaries, or on a load-bearing wall within the unit, are part of the unit. Interior-wall doors and windows are generally part of the unit, and exterior-wall doors and windows are generally common property, subject to the plan and the statutory transition exception. |
| Bare land unit | The plan defines the land unit by survey. A structure can lie within the unit, with roads or shared services outside it. Check the plan, bylaws, section 37 duties and any bylaw making part of the unit managed property. Maintenance and insurance require separate checks. |
| Residential or commercial | Either can be condominium property. For a shop, verify permitted use, loading, signage, services and expense allocation. For a dwelling, verify occupancy, parking, pets, building conditions and shared costs. Read plan restrictions, bylaws and municipal requirements for the proposed use. |
Use the plan for legal unit boundaries and any separately titled units. Review the sale agreement for the survey or condominium documents required. Registered size and Residential Measurement Standard measurements describe different things.
For example, if a shared drain and the affected framing are confirmed as common property, the corporation generally has the duty to maintain and repair them under section 37. Check whether the plan or applicable arrangements change the facts, and keep that duty separate from any insurance claim or cost recovery. In a bare land development, also verify whether the corporation’s policy insures managed property or unit improvements and what the owner must arrange with their insurer.
Compare other forms of communal living
| Arrangement | What the resident acquires | What to check |
|---|---|---|
| Fee-simple lot in a homeowners’ association (HOA) community | Title to the lot. A registered instrument may require membership and assessments or grant access to private facilities. | Order the title and the actual encumbrance or covenant. Verify covered amenities, access and use rules, dues, arrears, proposed increases and how the parties will handle charges at closing. |
| Non-profit continuing housing co-operative | Members generally occupy housing under the co-operative’s membership and occupancy arrangements. They do not individually own their units in the usual continuing co-op model. | Check the articles, bylaws and occupancy terms for admission, capital or share requirements, housing charges, shared spaces and exit or repayment terms. |
| Non-profit home ownership co-operative | Member owners may own their units individually or co-own them with the co-operative. | Verify the actual title, the co-op’s fees and equity arrangements, and its requirements for sale or rental. |
| Life lease | An entrance payment secures exclusive occupancy under a written agreement, generally for life or until termination. The agreement may include use of common areas. | Review the entrance fee, return terms, cancellation period, ongoing occupancy charges and permitted increases, services and termination. Have counsel check how the occupancy right and entrance fee are protected. |
A buyer considering a detached house with access to a private lake needs to budget for any mandatory HOA charge even if they expect to use the lake rarely. Lake Bonavista’s association ties mandatory membership and annual fees to the encumbered properties. Verify the instrument for the specific lot before describing the charge or the access. For a condominium, also check for any separate association instrument. The condominium corporation’s statutory contributions and an HOA’s obligations may come from different documents.
Alberta Land Titles documents · Lake Bonavista association fee terms · Alberta Cooperatives Act, Part 18 · Alberta life lease requirements
Calculate the unit share with the applicable basis
The plan lists each unit’s unit factors under Act section 8. Regulation section 6 requires 10,000 factors for all units on the parcel. Factors determine the owner's common-property share and are used for unit-factor votes and the special-resolution test. The regular contribution default under Act section 39(1)(a) is proportional to unit factors. Check whether the bylaws and regulation permit a different allocation. If a valid equal-share allocation applies, divide the amount to be raised by the number of participating units. If a valid floor-area allocation applies, divide the unit’s eligible area by the participating total and multiply by the amount to be raised. Check which units and areas the governing documents count.
For a $600,000 annual amount to be collected on a unit-factor basis, a unit with 180 factors pays 1.8%, or $10,800 per year. In 12 equal installments that is $900 per month. The calculation applies to the amount actually being raised on that basis. Check the contribution resolution, budget and any separately billed charges instead of using a gross budget total automatically.
Verify parking and storage rights before advertising
| Arrangement | Evidence and transaction effect |
|---|---|
| Separately titled parking or storage unit | Verify its own title and plan number, the actual location and any transfer or use restrictions. Include the title expressly if it is being conveyed. Check contribution and tax treatment. |
| Exclusive possession of common property or corporation real property | Under section 50, a bylaw, lease, licence or other instrument can grant exclusive possession. Review its area, duration, transfer, withdrawal and maintenance terms. An exclusive right by itself conveys no separate unit title. |
| Administrative assignment | Ask for written confirmation of the assignment, who can change it and whether the buyer will retain it. A stall number, key or seller’s use alone is insufficient evidence. |
For a unit the buyer plans to let, verify the governing bylaws and Act section 53. The owner must give the corporation written notice of intent to rent, a service address and the rent before renting. The owner must also give the tenant’s name within 20 days of commencement and notify the corporation within 20 days after the unit ceases to be rented. The occupant must comply with bylaws and avoid damage to common and corporation property. The corporation may require a separate deposit from the owner, generally capped at the greater of $1,000 or one month’s rent under Regulation section 74.2. Apply the Residential Tenancies Act separately to an applicable landlord–tenant deposit.
Condominium Property Act · Condominium Property Regulation · Alberta landlord and tenant rights · RECA measurement guidance
In a Calgary condominium, the registered plan and bylaws confirm that a multi-unit drain and affected framing beside the common hallway form part of common property. Who normally arranges the repair under section 37, before questions of insurance or cost recovery?
The owner of the nearest unit.
The condominium corporation.
The unit owner and hallway manager in equal shares.
The municipal water utility.
A board approves a $250,000 boiler levy expressly allocated by unit factors. A unit has 175 of the plan’s 10,000 factors. What is its share?
$2,500
$3,500
$4,375
$8,400
The plan shows a parking space as common property. An exclusive-use agreement grants use to a dwelling owner and permits transfer only with that dwelling. The owner wants to sell a separate fee-simple parking title to a neighbour. What should the associate explain?
There is no separate title to convey. The instrument limits transfer of the use right to a transfer with the dwelling.
Any written exclusive use agreement creates a separate fee-simple title.
The owner can transfer title as long as the neighbour pays the unit’s next contribution.
A designated parking stall can be sold separately whenever the proposed buyer lives nearby.
Sections you finish are checked off in the contents.