|
|
|
To my knowledge no state or province in North America—and certainly not Alberta—runs an office that gives out condominium advice. There are some good information sources on the internet, and I'll detail those, but when there are follow-up questions or an issue is percolating, you're pretty well advised to go see a lawyer.
In short, it's called civil enforcement, which means that if the parties to a dispute can't sort it out, they can pursue arbitration, mediation or legal action. Here's how the Service Alberta web site puts it: "Be aware that the government cannot become involved in disputes between condominium owners, boards, or developers. If you have a dispute with the developer or anyone in the complex, speak directly with the person involved to try and resolve the problem. If the conflict involves the bylaws, the Act, the regulation or the corporation, put your complaint in writing to the board of directors. If the matter is not resolved, get legal advice."
We can't blame the Province for not wanting to get into the advice game. Whoever gives such advice assumes a risk of liability for it, should things turn out badly. So the public is left to muddle through, although for those willing to educate themselves, you'll be surprised how well you'll do. Condominiums, you see, are like municipal governments. And while we have the democratic right to govern ourselves badly, in fact we rarely do. Most cities and towns are surprisingly well run, and so are the vast majority of condominium corporations, be they large or small. So become involved, read the material I'll refer you to, consult your condo neighbours, organize, and you'll find you need precious little outside advice.
To obtain the big picture about condominium living I can recommend two sources; my own web site with its large collection of short articles like this one at www.CondosInCalgary.com , and Service Alberta's web site at www.ServiceAlberta.gov.ab.ca/1043/fcm. If people were to read these two sources thoroughly, they'd need precious little else, and could almost certainly keep their condominium development running peacefully. For those who want to refer to original material, the Condo Property Act and the Regulation can also be viewed on-line and downloaded from the Service Alberta web site. As well, of course, people need to be familiar with their own condominium Bylaws and any "house rules" adopted by their Board.
While some love to hire lawyers and go to court over a dispute, that expense and hassle can almost always be avoided. ‘Not to boast, but I've chaired a condo corporation Board for 10 years governing 40 suites, so that's 400 suite-years of administration. Yet my Board has never had to fine an owner and has obtained 100% compliance regarding everything from dog issues (although we've since banned them) to satellite dishes. While some Boards fine suite owners regularly, I'd suggest that shows a failure to lead, to communicate and to build the sense of community that would obtain voluntary compliance.
Like I said, governing a condominium corporation is like governing a municipality (which I also did for six years). There's an elected body that has the right and the duty to tax and run the place, and those Directors are also taxpayers (condo fee payers) like everyone they govern. As always in human administration there will be differences of opinion and rules that need to be enforced and some who disregard the rules. All but the most extreme of these can be dealt with by good information exchange, by mature governance and by mature response by those governed.
In virtually every instance lawyers and almost equally expensive mediators and arbitrators can be avoided. Inform yourself through the information sources mentioned above and others you'll easily find. Don't look for a government office to consult or to give you further advice, because it simply doesn't exist. Oh, and don't call or e-mail your local condo-specialist Realtor, because he can't incur the liability of giving specific advice to parties in dispute. But he's written a good collection of articles that might well address your questions.
|
