Condominium Law

Condominium Corporations

• Initiating collection procedures for recovery of arrears of common expenses, including Caveats under the Condominium Property Act. Generally, the legal costs of these proceedings are charged back to the unit owner who is in default.
• Providing advice and reviewing agreements such as employment contracts, elevator maintenance agreements, property management agreements, and shared facility agreements.
• Providing arbitration, mediation, dispute resolution or litigation services as required by the condominium corporation for actions relating to ongoing enforcement matters and developer issues (e.g. construction deficiencies).
• Providing advice on insurance claims and reviewing matters related to insurance coverage including deductible by–laws.
• Providing advice and information on employment, labor and human rights matters.
• Preparing by–laws, rules, policies, and amendments to Condominium Plans.
• Providing advice on repairs and maintenance, alterations and improvements to common property and any change in services.
• Providing overall general advice and consultations related to any aspect of condominium law, such as interpretation of the provisions of the Act, and the Corporation’s documentation.
• Attending board meetings and owners’ meetings, if required.

Condominium boards rely on a wide range of hands–on, practical legal services from our Condominium team, including:

Condominium Developers

Based on our years of experience in the industry, we work closely with developers to:
• Bring projects to market — Our services include preparation of all sale and condominium documentation including shared facilities agreements, disclosure packages, proposed plan, and by–laws of each corporation.
• Assist with the registration process — We can participate in meetings with engineers, architects and surveyors in the creation of the condominium plans and by–laws.
• Post registration and turnover (from developer to condominium corporation) — We can help prepare and finalize all items required for the eventual turnover to the elected board.
• Closings — Our capable staff and experienced associates handle closings on behalf of developers

Sellers and Buyers

More than just a typical real estate transaction, owning a condominium is about embracing a condominium lifestyle. As part of the process, we routinely:
• Review and negotiate Agreements of Purchase and Sale, Estoppel Certificates and Information Statements.
• Represent buyers, sellers and lenders in real estate transactions.
• Act for borrowers (or lenders) on mortgage transactions.

Biamonte’s Condominium legal team represents the interests of condominium corporations, co–operatives and home owners associations, condominium developers, financial institutions, and buyers and sellers of real estate throughout Alberta. As a full–service law firm, we draw on the expertise of lawyers and associates to provide clients with cost–effective, high–quality legal services.