Bylaws, sanctions and disputes: what Alberta condo boards can do and where disputes go

Owners and anyone in possession of a unit are bound by the bylaws, says section 32(2) of the Condominium Property Act. Under section 32(6), the corporation is bound too.

Section 32(6) says the bylaws bind the corporation and the owners to the same extent as if the bylaws had been signed and sealed by the corporation and by each owner. They are also treated as if they contained covenants by each owner, with every other owner and with the corporation, to observe and perform all their provisions. Section 35(1) separately lets a corporation establish sanctions by bylaw for owners, tenants and occupants who fail to comply with the bylaws. Under section 37(1), the corporation is responsible for enforcing its bylaws.

Next step. Keep a copy of the bylaws that apply to the corporation with the board's records, so every director works from the same text.

Sources: Condominium Property Act

On registration of a condominium plan, the corporation's bylaws are the bylaws set out in the regulations, says section 33 of the Condominium Property Act, and they remain in force until repealed or replaced by special resolution. Service Alberta's 27 March 2026 fact sheet says the default bylaws in the Condominium Property Regulation apply to condominium corporations without bylaws of their own registered with Land Titles.

The note at the start of Schedule 4 to the Regulation, which sets out the default bylaws, says section 33 of the Act provides that they apply only until repealed or replaced by special resolution and registered at the land titles office. The fact sheet adds that the default bylaws do not apply if a corporation has registered its own bylaws, even in areas where those bylaws are silent.

Next step. Check whether the corporation has registered bylaws of its own, and ask its lawyer how a point those bylaws do not address is governed.

Sources: Condominium Property Act, Condominium rules, Condominium Property Regulation

A corporation can change its bylaws by special resolution, and the change takes effect only once filed and noted on the plan. Section 32(3) of the Condominium Property Act says any bylaw may be amended, repealed or replaced by special resolution. Section 32(4) says the change does not take effect until the corporation files a copy with the Registrar and the Registrar has made a memorandum of the filing on the condominium plan.

For a vote at a properly convened meeting, section 1(1)(x) sets two 75% tests: one on all the persons entitled to vote and one on the total unit factors. The definition also allows written agreement. These sections are as worded in the consolidation current to 14 May 2026.

Next step. Put the draft bylaw and the filing steps in front of the corporation's lawyer before the vote, and check the current wording of section 32(4).

Sources: Condominium Property Act

Yes. The Condominium Property Act defines managed property as any unit or part of a unit that a corporation is required by bylaw to maintain, repair or replace, other than the corporation's real and personal property and the common property. Section 37(2)(a) makes it a duty of the corporation to keep managed property in a state of good and serviceable repair and to maintain it properly.

Service Alberta's 2024 fact sheet on repair and maintenance says unit owners are typically responsible for the repair and maintenance of their units and personal property, unless the bylaws say otherwise. For bare land condominiums, Service Alberta's March 2026 tip sheet says the owners' repair and maintenance obligations may be transferred to the corporation through the registration of properly worded bylaws. The Act's definition and section 37(2)(a) are as worded in the consolidation current to 14 May 2026.

Next step. Read the bylaws that apply to the corporation before telling an owner or a contractor who is responsible for a repair, and ask the corporation's lawyer if the wording is unclear.

Sources: Condominium Property Act, Condominiums, Owning a Condominium

A bylaw is changed by special resolution and can carry sanctions. A board rule is made by the board, subject to the regulations, and cannot carry a monetary sanction (a money penalty). Section 73.81 of the Condominium Property Regulation says that, despite any bylaws to the contrary, no monetary sanction may be imposed for failing to comply with a rule.

Section 32.1 of the Condominium Property Act lets the board, subject to the regulations, make, amend or repeal rules by resolution. Rules are about procedures used in the administration of the corporation or the real and personal property of the corporation, the common property and managed property. They must be reasonable and consistent with the Act, the regulations and the bylaws, and must not restrict the uses of units. Bylaws are changed under section 32(3) by special resolution, and section 35(1) lets a corporation establish sanctions by bylaw.

Next step. Check each proposed rule against the corporation's bylaws before the board passes it.

Sources: Condominium Property Act, Condominium Property Regulation

Subject to subsections (2), (3) and (4) of section 73.6 of the Condominium Property Regulation, a corporation must give written notice of a new rule at least 30 days before it takes effect. Under section 73.6(1), it does so by delivering the notice to each occupied unit on the parcel or posting it in an open and conspicuous common area on the parcel to which all owners and occupants have access.

The corporation must also serve written notice of the new rule on all owners who do not reside on the parcel. Subsections (2), (3) and (4) qualify subsection (1), and this answer does not cover them, so read them before relying on the 30 days.

Next step. Record when and how each notice was delivered, posted or served, and ask the corporation's lawyer to confirm which notice rules apply to the new rule.

Sources: Condominium Property Regulation

Yes, if its bylaws provide for a monetary sanction (a money penalty) for failing to comply with a bylaw. Subject to section 73.8(2) and any other limits in the corporation's bylaws, section 73.8(1) of the Condominium Property Regulation sets the maximum at $500, or a lower amount set out in the bylaws, for the first instance of non-compliance. For the second and later instances it is $1,000, or a lower bylaw amount.

Section 35(1) of the Condominium Property Act lets a corporation establish monetary or other sanctions by bylaw for owners, tenants and occupants who fail to comply with the bylaws. The bylaw must set out the amount or range of any monetary sanction (section 35(2)), and a sanction must be reasonable in the circumstances for which it is imposed (section 35(4)). This answer does not cover section 73.8(2).

Next step. Ask the corporation's lawyer to check the sanction bylaw, the amount and the circumstances before the board imposes a sanction.

Sources: Condominium Property Act, Condominium Property Regulation

Before imposing a sanction on a person who fails to comply with a bylaw, a corporation must serve a notice of proposed sanction and give the person at least 3 days, excluding holidays, to respond in writing or to comply. Section 73.7(1) and (4) of the Condominium Property Regulation say so.

Under section 73.7(10), a corporation may, subject to its bylaws, delegate a power or duty conferred on it under that section, except the power to decide to impose a sanction.

Next step. Check each notice against section 73.7 of the Regulation before it goes out.

Sources: Condominium Property Regulation

The corporation can take court proceedings to recover an unpaid monetary sanction, says section 36(1) of the Condominium Property Act. A contribution cannot include any amount for the purpose of collecting a monetary sanction from an individual owner (section 39(3)(a)), and a caveat for the sanction can be registered against the unit's certificate of title only pursuant to a writ of enforcement (section 36(8)).

Section 36(1) allows proceedings under Part 4 of the Court of Justice Act, or in the Court of King's Bench. Under section 36(2), the corporation must establish to the court's satisfaction that the bylaws were properly enacted and that the defendant contravened the bylaw for which the sanction was imposed.

Next step. Keep the notices, any response and the board's resolution on file in case the matter goes to court.

Sources: Condominium Property Act

The Condominium Dispute Resolution Tribunal may hear disputes related to three matters: monetary sanctions imposed by a corporation, access to documents required to be provided, and annual and special general meetings convened under the Condominium Property Act. Section 4 of the Condominium Dispute Resolution Tribunal Regulation sets out this list. Service Alberta's 30 March 2026 fact sheet says the Tribunal began operation on 1 April 2026.

Section 4 refers to section 35 of the Act for sanctions, sections 43.2 and 44 of the Act and Part 1.6 of the Condominium Property Regulation for documents, and sections 30 and 30.1 of the Act for meetings. Alberta.ca tells applicants to check that a dispute is one of the 3 types of condominium disputes the Tribunal hears, and says that if it is not they may need to have it heard at the Alberta Court of King's Bench.

Next step. If the dispute is about an annual or special general meeting, start with meetings and voting.

Sources: Condominium Dispute Resolution Tribunal Regulation, Condominium Dispute Resolution Tribunal, Condominium Dispute Resolution Tribunal

A party must file an application within one year from the date it knew or ought to have known of the dispute, says section 8(1) of the Condominium Dispute Resolution Tribunal Regulation. Section 10(1) of the Regulation sets the filing fee at $150, payable by the applicant. Alberta.ca says that, effective 4 November 2026, the $150 application fee is due at the time an application is submitted.

Section 10(1) also sets $350 for adjudication, payable by the applicant, and, for mediation in excess of 4 hours, $150 per additional 4 hours to a maximum of $300 per day, split evenly between the parties. Under section 8(6), the Tribunal must only accept an application about a dispute that occurred after sections 68.1 to 68.9 of the Condominium Property Act came into force. Section 8(6) does not say when that was.

Next step. Check Alberta.ca's Tribunal page for the fee rules in force on the day you file, and ask the corporation's lawyer to confirm that the dispute occurred after those sections came into force.

Sources: Condominium Dispute Resolution Tribunal Regulation, Condominium Dispute Resolution Tribunal

Yes, in general. Section 15(2) and (3) of the Condominium Dispute Resolution Tribunal Regulation require corporations to pay the Government of Alberta a service fee to support the Tribunal's operating costs. The fee is $9 per unit for each unit identified in a condominium plan registered at a land titles office, as of 1 April of each year, commencing in 2026.

This answer covers only subsections (2) and (3) of section 15, so check the rest of that section for exceptions before relying on it.

Next step. Ask the treasurer or manager to confirm how and when the corporation's fee will be remitted.

Sources: Condominium Dispute Resolution Tribunal Regulation

The dispute may be sent straight to adjudication, and a decision may be made against the corporation. The Condominium Dispute Resolution Tribunal's Policies and Procedures, effective 1 April 2026, say this can happen if a respondent fails to reply, or to log into the Application Service, within the prescribed timeline.

Next step. Read the notice the corporation receives for its timeline, and respond within it.

Sources: Condominium Dispute Resolution Tribunal

Yes: section 68.6 of the Condominium Property Act says a Tribunal decision is binding on the parties, and Alberta.ca says a party may appeal to the Court of King's Bench on a question of law only. A decision may be filed in the Court and, once filed, is enforceable in the same manner as an order of the Court.

Alberta.ca says a party may file an appeal within 30 days of receiving the decision. A party who feels the panel's process was unfair can file a judicial review with the Court of King's Bench, and Alberta.ca says it must be filed within 30 days of receipt.

Next step. Note the date the decision is received, because the 30 days for an appeal or a judicial review run from receiving it.

Sources: Condominium Property Act, Condominium Dispute Resolution Tribunal

Yes, the Act deals with both. Section 68.4(3) of the Condominium Property Act says that if a party to a dispute commences an action in Court about the dispute, no application can be filed with the Tribunal for the same dispute, and the action in Court proceeds. Subject to subsection (4), section 69(1) says a dispute may, with the parties' agreement, be dealt with by mediation, conciliation or similar techniques, or be arbitrated.

Section 69(1) covers any dispute respecting any matter arising under the Act or in respect of a corporation's bylaws, and says a dispute may be arbitrated under the Arbitration Act. This answer does not cover subsection (4).

Next step. Take the corporation's lawyer's advice on the route, including how subsection (4) applies, before anyone files or starts an action.

Sources: Condominium Property Act

An owner can seek a remedy through civil action at the Court of King's Bench. Service Alberta's 30 March 2026 fact sheet says the Act allows this if an owner believes the board is failing to fulfill its responsibilities under the legislation, or is acting improperly.

Section 67 of the Condominium Property Act defines improper conduct to include non-compliance with the Act, regulations or bylaws by a developer, a corporation, an employee of a corporation, a board member or an owner. It also covers running the corporation's affairs, or using the board's powers, in a manner that is oppressive or unfairly prejudicial to, or that unfairly disregards the interests of, an interested party.

Next step. Keep a written record of owner complaints and of how the board responded.

Sources: Resolving condominium disputes, Condominium Property Act

Yes. The corporation can remove a board member by ordinary resolution before the member's term ends and appoint another individual to hold the office for the rest of the term, says section 28.1(2) of the Condominium Property Act.

Under section 1(1)(r), an ordinary resolution passed at a properly convened meeting needs a majority of all the persons present, in person or by proxy, who are entitled to vote. The definition also allows a signed resolution, which has its own test. Both sections are as worded in the consolidation current to 14 May 2026.

Next step. Before anyone puts a removal to a vote, read meetings and voting for how resolutions work, and check the corporation's bylaws as well as the Act.

Sources: Condominium Property Act

No. Service Alberta's March 2026 tip sheet says the government cannot become involved in disputes between condominium owners and boards or managers. Service Alberta's 30 March 2026 fact sheet says that if an owner believes the board is failing to fulfill its responsibilities or acting improperly, the Act allows the owner to seek a remedy through civil action at the Court of King's Bench.

Section 4 of the Condominium Dispute Resolution Tribunal Regulation says the Tribunal may hear disputes related to monetary sanctions imposed by a corporation, access to documents required to be provided, and annual and special general meetings convened under the Condominium Property Act. Alberta.ca says a dispute outside those 3 types may need to be heard at the Alberta Court of King's Bench.

Next step. Check whether a dispute fits one of the Tribunal's three types before deciding where it belongs.

Sources: Owning a Condominium, Resolving condominium disputes, Condominium Dispute Resolution Tribunal Regulation, Condominium Dispute Resolution Tribunal