Unpaid levies and condo fees: what an Alberta condo corporation can do if an owner does not pay

Service Alberta's March 2026 tip sheet says a corporation has the right to collect unpaid condominium contributions. It lists these options: ask the owner's mortgage company to pay, require the owner's tenant to pay the rent to the corporation, file a caveat, charge interest if allowed under bylaws, sue the owner, or foreclose. It does not say in what order they apply or whether any notice must come first.

Section 40 of the Condominium Property Act says a corporation may charge interest on any unpaid balance of a contribution and does not mention the bylaws. Alberta.ca says the corporation has the legal right to commence foreclosure proceedings unless the owner or the mortgage lender pays. A special levy is one of the amounts levied as contributions (section 39(1)(c)); ask the corporation's lawyer how each option applies to it and to monthly fees.

Next step. See special levies for how a levy is approved and what the board must tell owners about it.

Sources: Owning a Condominium, Condominium Property Act, Special levies

The wording of the Condominium Property Act points to yes for interest and a caveat. Section 39(1) lists amounts levied at regular intervals for the operating account and the reserve fund, and a special levy, among the amounts levied as contributions. The sections on interest (section 40), a caveat (section 39.2) and the voting bar for arrears (section 26(5)) are written for contributions.

Alberta.ca says owners usually pay regular monthly contributions, but it describes its caveat and foreclosure steps for an unpaid special levy. Service Alberta's March 2026 tip sheet says a corporation has the right to collect unpaid condominium contributions. Ask the corporation's lawyer how the caveat and foreclosure steps apply to a monthly amount.

Sources: Condominium Property Act, Special levies, Owning a Condominium

Yes, under section 40 of the Condominium Property Act, which says a corporation may charge interest on any unpaid balance of a contribution owing to it by an owner. Section 76 of the Condominium Property Regulation says the rate shall not be greater than 18% per annum. Service Alberta's March 2026 tip sheet says a corporation can charge interest 'if allowed under bylaws', which section 40 does not mention.

Section 39(1) lists amounts levied at regular intervals for the operating account and the reserve fund, and a special levy, among the amounts levied as contributions. Section 76 does not say from what date interest runs.

Next step. Read the corporation's registered bylaws for any interest clause, and ask the corporation's lawyer to confirm the bylaw position and the start date.

Sources: Condominium Property Act, Condominium Property Regulation, Owning a Condominium

A caveat is a filing against the title to the owner's unit. Alberta.ca says that if an owner does not pay a special levy, the corporation may file one. It says may, not must.

Alberta.ca's page gives no minimum amount owing before a caveat may be filed, so ask the corporation's lawyer before filing one. A caveat for a monetary sanction or other debt that is not a contribution under section 39 is different: section 36(8) of the Condominium Property Act allows it only pursuant to a writ of enforcement.

Next step. See bylaws and disputes for what a corporation can do about an unpaid fine.

Sources: Special levies, Condominium Property Act

A caveat gives the corporation a charge against the unit. Section 39.2(7) of the Condominium Property Act says that on the filing of the caveat the charge equals the unpaid contributions and any interest owing. Section 39.2(8) says that from the date of filing it has the same priority as a mortgage under the Land Titles Act and may be enforced in the same manner as a mortgage.

Alberta.ca likewise says the charge has the same priority as a mortgage registered under the Land Titles Act. Neither Alberta.ca nor section 39.2(8) says how the charge compares with a mortgage registered before the caveat, so how it would rank on a given title is a question for the corporation's lawyer.

Sources: Condominium Property Act, Special levies

Yes, within limits. Section 42 of the Condominium Property Act covers steps to collect an amount owing under section 39. It says the corporation may recover from the person against whom the steps were taken all reasonable costs, including legal expenses and interest, incurred in collecting the amount. If a caveat is registered, it may also recover from the owner all reasonable prescribed expenses of preparing, registering, enforcing and discharging the caveat.

Section 74.1 of the Regulation prescribes, for section 42(b), legal and other professional fees and disbursements associated with preparing, registering and discharging the caveat, and the cost of registering and discharging it under the Land Titles Act. Their total is capped at the original amount owing in respect of the unit. Alberta.ca lists these expenses and does not mention the cap.

Next step. Ask the corporation's lawyer how the cap applies, and check the current text of section 42 and section 74.1 against the versions read here (14 May 2026 and 15 February 2026) before relying on them.

Sources: Condominium Property Act, Condominium Property Regulation, Special levies

Service Alberta's March 2026 tip sheet says it can. It says a corporation has the right to collect unpaid condominium contributions and lists, among what it can do, suing the owner for all outstanding contributions, interest and legal fees.

Section 42 of the Condominium Property Act covers the costs of any steps to collect an amount owing under section 39. It says the corporation may recover from the person against whom the steps were taken all reasonable costs, including legal expenses and interest, incurred in collecting the amount. A special levy is one of the amounts levied as contributions (section 39(1)(c)). The tip sheet does not say whether any notice must come first, or whether each option applies to a special levy as well as to monthly contributions, so ask the corporation's lawyer before a claim is started.

Sources: Owning a Condominium, Condominium Property Act

Alberta.ca says the corporation has the legal right to commence foreclosure proceedings on the unit, unless the owner or the mortgage lender pays the amount owing. The Condominium Property Act says the charge from a caveat may be enforced in the same manner as a mortgage (section 39.2(8)).

Section 39.2(8) does not use the word foreclosure. Alberta.ca's page gives no waiting period or minimum arrears before foreclosure proceedings, so whether and when to start them is a question for the corporation's lawyer.

Next step. Put the amount owing, any notices sent and the payments received in one dated file before taking any step toward foreclosure.

Sources: Special levies, Condominium Property Act

Yes, according to Alberta.ca: if the amount owing to the corporation is not paid, the Condominium Property Act permits a mortgagee (mortgage lender) to pay the amount owing, and the lender may then add that amount to the mortgage.

Alberta.ca says the Act permits this, not that the lender must pay, and it does not say what a particular mortgage contract allows. It also says the corporation's right to commence foreclosure proceedings applies unless the owner or the mortgage lender pays the amount owing.

Sources: Special levies

Service Alberta's March 2026 tip sheet says it can. Among what a corporation can do about unpaid condominium contributions, it lists requiring an owner's tenant to pay the monthly rent to the corporation to cover them.

The sources used for this page quote no section of the Act for this option. The tip sheet does not say in what order the options apply, whether any notice must come first, or whether this option applies to a special levy as well as to monthly contributions. Ask the corporation's lawyer where the power comes from and how it works.

Sources: Owning a Condominium

Alberta.ca says that when the full amount is paid, the corporation must discharge the caveat.

Alberta.ca gives no deadline for discharging the caveat, so ask the corporation's lawyer about timing. Section 42(b) of the Condominium Property Act lets the corporation recover from the owner reasonable prescribed expenses of discharging the caveat, as well as of preparing, registering and enforcing it. Section 74.1 of the Regulation prescribes the expenses and caps their total at the original amount owing in respect of the unit.

Next step. Record the date the full amount was received and the date the caveat was discharged.

Sources: Special levies, Condominium Property Act, Condominium Property Regulation

Alberta.ca says the board may give owners payment options, such as allowing the special levy to be paid in instalments. Service Alberta's March 2026 tip sheet also says a special levy may be payable in one lump sum or several instalments.

Alberta.ca says any change to the levy, such as a reduction or cancellation, must be made by a new board resolution and communicated to owners. Whether a payment plan for one owner counts as a change is a question for the corporation's lawyer. Alberta.ca does not say whether interest may be charged on instalments.

Next step. Ask the corporation's lawyer before offering one owner a payment plan, and see special levies for what the levy resolution must set out.

Sources: Special levies, Owning a Condominium

Section 43.2 of the Condominium Property Act says the corporation must, within 10 days after receiving a written request from an owner, purchaser or mortgagee (or their solicitor or a person they authorize in writing), provide a certificate. For all that owner's units, it certifies, among other things, the amount of any contribution payable, any arrears and any interest owing.

The certificate is conclusive proof of what it certifies, in favour of the person who asked, as of its date. Alberta.ca says estoppel certificates must include information about unpaid special levies and accrued interest, if applicable; section 43.2 does not name special levies. Section 20.53(1)(a) of the Regulation lets a corporation charge up to $200 for one in the ordinary course, subject to subsections (2) and (3). Subsection (2) allows up to $100 more for one produced within 3 days of the request, excluding a holiday, subject to the bylaws.

Next step. See board duties for the other document charges. Before a certificate goes out, check the owner's account against the levy resolution and the fee against the current text of section 20.53 (read here as of 15 February 2026).

Sources: Condominium Property Act, Special levies, Condominium Property Regulation

Under the Condominium Property Act, contribution arrears can cost an owner the vote and end a director's board membership. Section 26(5) bars an owner or a mortgagee from exercising the voting power given to the owner by the Act or the regulations when a contribution for the unit is in arrears for more than 30 days before the day the power may be exercised.

Under section 28.1(1)(b), a person ceases to be a member of the board if the member is more than 60 days in arrears in paying any contribution required of the member as an owner. A special levy and regular fees are both among the amounts levied as contributions (section 39(1)).

Next step. See meetings and voting for who may vote at a general meeting, and check your registered bylaws for any extra rule.

Sources: Condominium Property Act