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Sometimes Owners are reluctant to serve on a
Condo Board because they don't know what it is all about. Prospective
Directors need to know that the main qualification is caring about the
complex and the overall living environment of their neighbors.
Directors need to carry out their duties responsibly and with a sense
of fairness. A Property Manager is there to guide you through the
governance process and assist in the management of the complex. New
Directors should understand the following:
 A Condominium is a corporation
created under the Condominium Property Act upon registration of a Condominium
Plan at Land Titles in Alberta. It is a form of property ownership
under which each Owner holds title to a specific condominium Unit and a share
of the Common Property. The Corporation itself is similar to other
corporations with the Owners (rather than shareholders) having a right to
elect a Board of Directors to manage the corporation on behalf of the
Owners. The Board of Directors appoints officers to carry out specific
executive functions and generally appoints a Property Manager to assist the
Board in carrying out the Board's management responsibilities.
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The main piece of
legislation for a condominium corporation is the Condominium Property Act
which is an Act passed by the Alberta Legislature. The Act sets out the
structure for the creation and governance of the Corporation. Once the
Condominium Plan is registered at the Land Titles Office, the Condominium Corporation
is formed. The Plan describes the boundaries of each Unit and the
Common Property and can only be changed with the consent of 75% of the Owners
and an Order of the Court. The Act also provides for Regulations to be
passed by the Alberta Cabinet. The Regulations provide a further
set of rules for the Corporation that are much more detailed than the
Act. The final governance document is a set of By-Laws that are
specific to a particular Condominium Corporation.
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 The Board of Directors has both a
policy and a management role. The Board meets regularly but the
frequency of meetings often depends on the ability of the Property Manager to
make things happen without detailed instructions from the Board. The
policy role of the Board includes decisions on the control, management and
administration of the Common Property and enforcement of the By-Laws.
The management role includes the actions necessary to carry out the policy
directives determined by the Board. This management function of
generally delegated to the Property Manager. For a more detailed
description of management services generally provided by Unit Management
please visit our page on Condo Services
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Every decision made by the
Board ultimately has an impact on the residents of the condominium
complex. The Condominium Property Act requires a Director to carry out
his duties honestly and in good faith. In carrying out these duties,
Directors should act reasonably and apply their policies in a
consistent manner having regard to the overall interests of the Corporation
and the Owners. Many of the people, pets and parking issues require a
delicate balance between many competing interests.
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 People - People come in all shapes and
sizes with individual personalities and specific views on different
issues. Reconciling the needs (and wants) of Owners and and
achieving a consensus at the Board level is often difficult.
Directors need to have a good understanding of people and ensure their
decisions are reasonable and consistent. A Property Manager can be of
great assistance to the Board by sharing his or her understanding of people
and past experience in dealing with people issues. Back to People, Pets & Parking
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Pets - For many residents, pets are
like family and Board decisions affecting pets can often create animosity
and tension within the condominium complex. Some By-Laws give the
Board a great deal of discretion in dealing with pets while other By-Laws
set out specific rules on pets that cannot be varied by the Board.
Boards must deal with broad issues such as whether to require pet
agreements or prohibit dogs over a certain size as well as specific
situations where a dog or its owner's behaviour is adversely affecting the
other residents. Back to
People, Pets & Parking
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 Parking - Parking arrangements differ in
all condominiums. In some complexes, Owners have titled parking where
each Owner has title to one or two parking stalls. In other
complexes, Owners have assigned parking where parking spaces on Common
Property are designated for specific Owners. In some commercial
condominium complexes, parking is not assigned and Owners and their
customers have an equal entitlement to parking spaces on the Common
Property. Problems can arise with cars taking up more that their
allotted space, owners parking derelict cars, oil spills from cars,
personal belongings being stored in a parking area, etc. Each parking
issue is unique and dealing with these issues requires a good understanding
of people and an ability to resolve conflict. Back to People, Pets & Parking
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Please contact us to discuss any of your
needs.
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