Written by: Katy Campbell
The introduction of Bill 30, the Service Alberta Statutes Amendment Act, 2024, marks a historic moment for Alberta’s condo landscape, with the introduction of a long awaited dispute resolution tribunal and many other changes.
This proposed legislation includes a host of long-awaited reforms aimed at improving consumer protection, streamlining dispute resolution, and providing vital support to the province’s nearly 500,000 condominium owners and their boards.
While this bill represents a significant step forward for Alberta’s condo community, it still has yet to pass into law with much to be determined after it has passed in the development of the regulations. Given the memory of Bill 19, which was introduced in 2022 but ultimately failed to pass, CCI North Alberta is cautious about celebrating too soon.
That said, we are pleased with what is included within Bill 30. We encourage all members to stay engaged with this legislation as it moves forward, ensuring that the reforms promised are fully realized.
Bill 30 includes many different changes that will impact Alberta’s condo community. CCI North Alberta’s Government Advocacy Committee notes a few key areas.
A New Path for Resolving Disputes:
The Condo Dispute Resolution Tribunal
One of the most notable aspects of Bill 30 is the introduction of a condominium dispute resolution tribunal, a measure that CCI North Alberta has long advocated for. This new tribunal is intended to provide a faster, more affordable way for condo owners and boards to resolve disputes, alleviating pressure on Alberta’s already overburdened court system.
This approach mirrors successful models already in place in other provinces, including British Columbia and Ontario, where condominium dispute resolution tribunals have been operating for several years. These tribunals have proven to be an effective mechanism for resolving condo-related conflicts while keeping costs down for both parties.
To get the tribunal off the ground, the provincial government is investing $8 million to cover initial setup costs. Once established, the tribunal is expected to be funded by condominium owners through a per-door fee. This legislation will successfully put the creation of the tribunal into motion and the key aspects of the tribunal will be worked out through yet-to-be tabled Regulations. Those aspects include what type of disputes will be under the Tribunal’s jurisdiction, cost and timelines (among other aspects).
CCI North Alberta has long advocated for a dispute resolution tribunal, and Bill 30 promises to deliver on this key reform.
Technical Audits: Enhanced Consumer Protectio
Another key reform in Bill 30 is the requirement for technical audits on new condominium construction. This measure aims to provide added protection for condo buyers by ensuring that new developments meet industry standards and are free from significant structural or safety issues.
Technical audits are vital to help identify deficiencies early, reducing the risk of unforeseen costs that could arise later for condo owners. By implementing this reform, the Alberta government hopes to provide purchasers with greater confidence in their investments and help to prevent situations where defects in construction lead to expensive repairs and disputes. With this reform, potential buyers will have more clarity and assurance that the properties they purchase arestructurally sound and compliant with building codes.
The legislation doesn’t lay out what the exact requirements will be for these assessments. This is another area we will have to keep an eye on as it progresses.
Technical audits are vital to help identify deficiencies early, reducing the risk of unforeseen costs for condo owners.
Legislated Protections for Condo Board Member
After condo board members were left out of the recently introduced Freedom to Care Act, our government advocacy committee has worked hard to stress the importance of extending similar legislative protections for condo board members.
Volunteer condominium boards play a crucial role in the day-to-day management of condo communities, yet many board members have long expressed concerns about the risks associated with their responsibilities. Bill 30 addresses this by extending legal protections to volunteer board members acting in good faith, similar to protections offered to volunteers in the non-profit sector.
Re-Introduction of Changes Outlined in Bill 19
Those who remember 2022’s Bill 19 will notice some familiar aspects of this new legislation. Bill 30 re-introduces reforms aimed at simplifying and clarifying governance procedures within condominiums. A notable change is the option for simplified voting in condo corporations. This reform allows for one vote per owner at meetings, while also allowing owners to request a unit factor vote before the results of a per-owner vote are announced.
This change would streamline the requirements for voting which will improve owners’ ability to participate in the governance of their condominiums and will help keep administrative costs down.
Bill 30 also includes clarifications on chargebacks to ensure legislation works as intended when it comes to accountability for unexpected costs or damages in condominiums. Note that the legislation now clarifies there will be an opportunity for owners to dispute chargebacks they believe to be improper.
A Milestone for Alberta’s Condo Community
“We are incredibly pleased to see the Alberta government take action to address the needs of condominium owners and boards,” said Hugh Willis, co-chair of the CCI North Alberta Government Advocacy Committee.
“We thank the Ministry for their extensive efforts to consult with the condo community to ensure the right amendments were brought forward. While there is always more to be done, this bill represents a significant step forward for condo owners and the industry as a whole.”
While the introduction of Bill 30 is certainly a good news story for Alberta’s condo community, there is still work to do, in particular with the details in the Regulations.
CCI North Alberta encourages all members to stay engaged, contact their MLA, and support Bill 30 as it moves forward.
Your Voice Matters for the Future of Bill 30
CCI North Alberta encourages all members to write to their local MLA and express their support for Bill 30.
Your voice is critical in ensuring that these much-needed reforms become law. By continuing to advocate for condo owners and staying involved in the legislative process, we can help ensure that Alberta’s condominium communities receive the protections and support they deserve.
Stay tuned as we announce upcoming events to discuss the contents of Bill 30 in more detail!