Wednesday April 02, 2025
This article is for general informational purposes only and does not constitute legal advice. Laws and regulations frequently change and may be subject to provincial variations. Owners and board members should consult qualified legal counsel and work closely with their property management company for advice specific to their Alberta condo corporation.What are Alberta condo bylaws?
Condominium bylaws are the governing rules that dictate how a condo corporation operates in Alberta. These regulations cover everything from unit owner responsibilities to the use of common areas and noise restrictions. By clearly outlining expectations, condo bylaws can contribute to a well-managed community where board members, owners, and tenants understand their rights and obligations.Condo rules vs bylaws
Condo corporations may have both bylaws and rules, but they serve different purposes:- Scope: Bylaws generally address rights and responsibilities tied to units or the corporation as a whole. Rules usually govern day-to-day issues like the booking procedures for an amenity or shared facility.
- Registration: Bylaws must be filed with Alberta’s Land Titles Office to be legally binding. Rules do not require registration but do need approval by the board and typically require written notice to owners and tenants at least 30 days in advance, with some exceptions in the case of an emergency.
- Enforcement: Both bylaws and rules can lead to board-issued fines if not followed. However, the process might differ slightly based on each corporation’s specific governance documents.
Common condo bylaws in Alberta
Each condominium corporation has unique bylaws, but some topics commonly appear across communities:- Pet policies: Some condo corporations impose pet policies restricting the number, type, or size of pets permitted in the community. Others may require pet owners to register their animals.
- Short-term rentals: Many condos regulate or prohibit short-term rental services like Airbnb to preserve higher owner-occupancy rates.
- Age restrictions: Some condos set a minimum age for residents, such as 55+ communities designed for retirees. Any age restrictions must align with the Alberta Human Rights Act, including specific exemptions allowed for senior housing. Boards should seek legal advice to confirm ongoing compliance, as human rights policies can evolve.
- Renovation guidelines: Most bylaws require owners to seek approval before making modifications to their units, especially if changes could impact neighboring units or structural integrity.
- Parking regulations: Bylaws may specify assigned parking and resident rights to parking spaces.
Are all Alberta condo bylaws enforceable?
Not all bylaws are enforceable — if they conflict with provincial or federal laws, they may be challenged and rendered invalid. In Alberta, condo bylaws must be formally registered with Alberta’s Land Titles Office to be legally enforceable.Under the Condominium Property Act, every condo corporation must have a set of bylaws. If a condo board does not create its own bylaws, the default bylaws from Schedule 4 of Alberta’s Condominium Property Regulations usually apply. These serve as a baseline, covering essential topics like board elections, financial management, and maintenance responsibilities. However, most condo corporations choose to tailor their bylaws to meet the needs of their specific community.
When reviewing bylaws, condo boards must comply with higher legal authorities, such as:
- The Condominium Property Act: Serves as the primary legislation governing condominiums in Alberta, outlining the rights and responsibilities of condo corporations, boards, and owners. It establishes the framework for how bylaws must be created, amended, and enforced while setting legal standards for financial management, dispute resolution, and governance practices.
- The Human Rights Act: Provides legal protections against discrimination in housing, meaning condo bylaws must be written and applied in a way that upholds fair and inclusive practices.
- The Residential Tenancies Act: Regulates aspects of rental arrangements within condominium communities, including the rights and obligations of landlords and tenants. It outlines rights related to lease agreements, security deposits, rent increases, and eviction procedures.
How can you amend condo bylaws?
Condo bylaws are initially set by the developer when the condominium plan is registered. These bylaws often remain in place when the condo board takes over, but they can and should be updated over time to reflect the evolving needs of the community.Amending condo bylaws requires approval from a special resolution, meaning at least 75% of unit owners (representing no less than 75% of the total unit factors) must vote in favor of the change. Once approved, the revised bylaws must be filed with Alberta’s Land Titles Office to become legally binding.
Boards are encouraged to periodically review and update their bylaws to remain aligned with legislative changes and the community’s expectations. Consulting an attorney, along with your property management partner, can help boards avoid conflicts and compliance issues when drafting or modifying bylaws.
How are condo bylaws enforced?
When a bylaw is violated, the condo board typically follows a structured enforcement process based on Alberta Condominium Property Regulations:- Notification: The resident receives a written notice explaining the issue, including the relevant bylaw and any corrective actions required.
- Opportunity to respond: The resident is given at least 3 days, excluding holidays, to respond to the notice or correct the issue.
- Fines or further action: If the violation persists, the board may impose fines where permitted by provincial law and the condo’s registered bylaws. The Condominium Property Regulations cap fines at $500 for a first-time violation and $1,000 for each additional violation. If the violation continues over time without being corrected, fines may be imposed on a weekly basis — $500 for the first week and $1,000 for each following week of continued non-compliance. Not all condo corporations’ bylaws authorize fines, and legislative requirements may change.