Changes to the Condominium Property Act – 2026: Key Information for Owners and Prospective Owners to Know

The Alberta Government announced several amendments to key legislation in 2026 which affect condominium governance and ownership. The amendments may significantly impact a buyer’s decision in selecting a new or existing condominium for purchase, as well as how current owners are able to manage their condominiums with regards to their condominium board. 

Staying up to date on legislative changes in regards to condominium ownership rights will allow buyers and current owners to be better informed and able to navigate the many unique scenarios and complexities that come with condominium ownership. 

New Rules for Newly Constructed Condominium

Newly constructed condominiums, as well as conversions, which were completed and did not have a unit in the building occupied before the coming into force of the new rules in the Condominium Property Regulation are required to prepare a technical analysis, through a professional engineer or registered architect, within 4 years of the date the first unit in the building was occupied. 

The technical analysis must contain a description of the condition of the building envelope and structural components, as well as other results or findings. 

The costs to complete the technical analysis may be paid by the condominium corporation through their operating account, reserve fund, or by issuing a special levy. 

The technical analysis adds an additional onus on the condominium corporation to disclose the condition of the condominium, while providing owners or prospective owners with more information about the condominium. This information is intended to assist owners and prospective owners to better understand potential future costs associated with their condominium ownership.

Introduction of the Condominium Dispute Resolution Tribunal

The Alberta Government, through the enactment of the Service Alberta Statutes Amendment Act and amendments to the Condominium Property Regulation, established and opened the Condominium Dispute Resolution Tribunal on April 1, 2026 (the “Tribunal”). 

The Tribunal provides owners and condominium boards a faster and cheaper dispute resolution rather than expensive and onerous court applications.

How the Dispute Resolution Process Works

Once a party to a dispute files an application with the Tribunal, no court action may be commenced by the parties until such time that the Tribunal’s hearing has completed. However, any party to a dispute is still entitled to file an appeal in court of a Tribunal’s decision (within 30 days after receiving the decision). 

If the parties wish to avoid having their dispute resolved by the Tribunal, they are still permitted, by mutual agreement, to undergo alternative dispute resolution (for example: mediation, or arbitration).

Owners should carefully consider their options before bringing an application to the Tribunal or to court, such as costs, likelihood of success, or ability to navigate the Tribunal or court processes alone or with legal representation. 

The Tribunal is only able to hear disputes under the Condominium Property Act and the Condominium Property Regulation. If you feel that you have a dispute that may be right to be heard by the Tribunal, you may apply online through the Alberta Government’s website.

What Matters Can be Heard by the Tribunal

A large number of disputes between owners and condominium boards are of a monetary nature, how the board provides documentation and access to documentation to owners, or how meetings are held and conducted. The Tribunal attempts to assist by providing an avenue to resolve such disputes.

The Tribunal has the ability to resolve disputes regarding: 

• Monetary sanctions imposed by a condominium board on owners, tenants, or occupants;

• Estoppel Certificates provided by the condominium board which, in respect of a condominium unit, certifies such information as:

  • Contributions payable and frequency of payments (commonly called condominium fees); and,

  •  Any unpaid contributions and interest owing on such unpaid contributions. 

• Requests for information by owners, prospective owners, or their authorized representatives to the condominium corporation.  

• Annual general meetings, including the first annual meeting, which require:

  • Written notice of the meetings to owners; and,

  • Prepared financial statements for the condominium corporation’s preceding fiscal year, an annual report on the reserve fund, and the annual budget for the upcoming fiscal year.

• Special general meetings which require:

  • Written notice of the meetings to owners;

  • Who can call a Special general meeting (the board or owners representing 15% or more of the total unit factors for all the units);

  • The topics which will be discussed at the meeting; and

  • Timeframes for how the meeting will be notified to other parties and when the meeting must be completed by.

Please note that the above list is not an exhaustive list of all matters that may be heard before the Tribunal. 

Chargebacks by Condominium Corporations on Owners

Changes were also made to the condominium corporations ability to make chargebacks to condominium owners. 

Under the Condominium Property Act, a condominium corporation is permitted to levy a chargeback on an owner for costs incurred by the act or omission of an owner, occupant, or for those which they are responsible, for repairs, replacements, maintenance or protection of any unit or certain property of the condominium corporation. 

Before a chargeback can be levied against an owner, the board must serve the owner with notice of the proposed chargeback. The board must serve the notice on the owner no later than 90 days after the board became aware, or ought to have become aware, of the aforementioned act or omission. When the board became aware, or ought to have become aware, will likely require some investigation or disclosure as determining such knowledge will be dependent on the circumstances.

The owner must also have at least 10 days to provide a written response to the board after being served with the chargeback notice. If the owner disputes the chargeback within the deadline to provide their written response, the board may still, by resolution, levy the chargeback on the owner. If the board chooses to proceed in this manner, the owner is still entitled to make an application to the Tribunal to have their dispute heard.

Assistance in Navigating Condominium Ownership and Disputes

Owning a condominium can be stressful as there are lengthy statutes and regulations which govern your rights of ownership and the responsibilities of condominium corporations and their boards. Any number of issues can arise, and understanding your rights and options, or navigating the prescribed processes for resolving certain disputes may be difficult without legal representation. 

If you have Real Estate Law questions, or if you feel that you have a dispute that requires legal representation, please do not hesitate to contact our team of Real Estate lawyers should you wish to discuss your matter further. Contact SB LLP today through the website contact form or by calling (780) 438-5281.