Effective Evidence for Court Applications

By Heidi Besuijen You might engage a lawyer for the purpose of making an application before the courts to obtain an Order. This could relate to the non-payment of contributions or a special assessment, to tenants within a condominium corporation, or even be an aspect of a larger piece of litigation which is ongoing. No…

The How and Why of Levying Fines

By Todd A. Shipley In order to levy a fine or monetary sanction, a board must carefully consider the “how” and “why.” The Condominium Property Act (RSA 2000, c. C-22) (the “Act”) and most modern condominium by-laws allow boards to issue fines or monetary sanctions for noncompliance. However, the case-law provides both cautionary tales and…

Considering Chargebacks

By Natasha Sutherland – Willis Law A 2017 Alberta court decision has clarified condominium chargebacks Condominium fee and assessment collection is a highly technical and complex issue. There are a number of terms which are used and defined by the courts, with different meanings to slightly different nuances within the same issue. It can be confusing to…