Condo Bylaws VS Alberta Condominium Act – Doors and Windows
An important question as this can be easily overlooked and costly for the new owner. This item is one of many that need to be brought to attention as there have been cases where the doors and windows were not included and the cost of replacement was to the “surprise” of the new owner. To further explain below:
Before September 01, 2000, typically, the exterior doors and windows were considered as part of the unit unless stated otherwise in the Condominium Plan. This meant that the replacement was the responsibility of the owner. After September 01, 2000 new legislation to the Alberta Condominium Act was to include the exterior doors and windows and were now the responsibility of the Condominium Corporation. However, the Condominium Corporation had until September 01, 2002 by way of a “ Special Resolution” to amend the Condo Bylaws and reverse this change of the exterior doors and windows back to the owner’s responsibility.
If there is no “Special Resolution” passed by the Condominium Corporation to make the doors and windows as private property, then they would be considered common property.
Determining ownership of doors and windows requires a combination of information found in the Condominium Plan (Survey), Condominium Additional Plan Sheet Certificate (CAD) and the registered Bylaws of the project. This also includes an additional review of the Reserve Fund Study and Plan. The documentation is extensive and can be difficult to navigate without the help of an expert to find the information.
At times, when reviewing the Condo Bylaws, there is information on whether the maintenance of specific elements are the owners or the Corporations responsibility. It may be confusing as to the wording of the Condo Bylaws on determining ownership, for instance, a CAD or Condo Bylaws amendment can state individuals are responsible for maintenance of common items even though they are commonly owned or the opposite where items are owned privately and maintained by the condominium complex.
These are just a few of many reasons to order your documents early and give enough time to assess these important issues. The CAD is just one of the items available through Spin 2 and is an important document to order to try to determine registration of items that are on the Condominium Corporation.
This article was provided by the Owners of Condo First Review in St. Albert, Alberta. They run a Condominium Document Review Business for Alberta Condominiums.
Should you require further information on this or any other questions you may have regarding condominium document concerns please visit their visit website at www.condofirstreview.com or just call Carol Malko direct at 780-920-5552.