Bill 30, the Service Alberta Statutes Amendment Act, 2024, introduces significant changes impacting how condominium corporations operate in Alberta. As a Condo Board member, understanding these changes is crucial for effective governance and protecting the interests of your community.

We should mention that your work with Fort Sands is not impacted a lot by Bill 30; the changes clarify payment timelines and dispute resolution processes in construction projects. For some time, we have had proper mechanisms for processes with our clients as well as any sub-trades we contract.

Here’s some things in Bill 30 you may need to consider:

1. Condominium Dispute Resolution Tribunal:

• A New Avenue for Dispute Resolution: The most significant change is the introduction of the Condominium Dispute Resolution Tribunal. This tribunal will offer a more accessible and affordable alternative to the courts for resolving common condo disputes. This is a major development.
  (Note: Bill 30 lays out the foundation for the tribunal. When it will be set up and available for dispute resolution is not determined)
• Understanding the Tribunal’s Scope: Familiarize yourself with the types of disputes the tribunal will handle. Many common issues, especially those involving owner-to-condo corporation disagreements, are likely to fall under its jurisdiction. This could include disputes about exterior maintenance responsibilities, assessments related to repairs, and even disagreements about alterations to exterior elements.
• Preparing for Tribunal Processes: Understand the tribunal’s procedures. While designed to be less formal than court, there will still be processes to follow, evidence to gather, and potentially hearings to attend. Your board should be prepared to represent the corporation effectively.
• Impact on Legal Costs: The tribunal should reduce legal costs associated with disputes. However, your corporation will still need to invest time and resources in preparing for tribunal proceedings.

2. Chargebacks:

• Clarity on Cost Recovery: Bill 30 clarifies the rules around chargebacks, confirming they are considered contributions. This is very important. It strengthens your ability to recover costs from owners responsible for damages to common property, including damage to the exterior of the building.
• Updating Bylaws: Review your current bylaws regarding chargebacks. Ensure they align with the changes in Bill 30 and clearly outline the process for charging back costs related to damage, especially to exterior elements.
• Consistent Application: Apply chargeback rules consistently and fairly. Document all instances of damage and the associated costs, and communicate clearly with owners about their responsibilities.

3. Governance and Consumer Protection:

• Improved Governance: The changes to the Condominium Property Act may include updates to meeting procedures, voting processes, and other governance matters. Stay informed about these changes and update your corporation’s bylaws and procedures accordingly.
• Enhanced Consumer Protection: Increased consumer protection measures mean that condo corporations will be held to higher standards regarding transparency and accountability. Be prepared to demonstrate sound financial management, proper documentation, and clear communication with owners.
  
  This could also impact how you select and manage contractors for exterior maintenance projects; that’s why Fort Sands always provides detailed estimates and scopes of work.

4. Prompt Payment and Construction Lien Act (PPCLA) Changes:

• Impact on Contractors: While you are not directly a party to the PPCLA, it does impact your dealings with contractors. The changes clarify payment timelines and dispute resolution processes in construction projects.
• Understanding Payment Obligations: Ensure your board understands its payment obligations to contractors under the PPCLA, as amended by Bill 30. Timely payments are crucial to avoid disputes and maintain good relationships with contractors.

5. Public Works Act Changes:

• Government Leading by Example: The extension of prompt payment rules to government projects signals a broader trend towards greater financial accountability in the construction industry. This doesn’t impact your Condo Corporation in any way, but it’s good information to understand.

Key Actions for Condo Boards:

• Stay Informed: Keep up-to-date on the implementation of Bill 30. Attend information sessions, consult with legal experts, and monitor updates from the Alberta government.
• Review and Update Bylaws: Ensure your bylaws align with the changes introduced by Bill 30, particularly regarding chargebacks and governance procedures.
• Communicate with Owners: Communicate the changes to condo owners clearly and concisely. Explain how the changes might affect them and the corporation as a whole.
• Prepare for the Tribunal: Familiarize yourself with the processes of the Condominium Dispute Resolution Tribunal and develop internal procedures for handling potential disputes.
• Seek Professional Advice: Don’t hesitate to consult with legal or other relevant professionals to clarify any questions or concerns about Bill 30 and its implications for your condominium corporation.

By proactively addressing these points, your Condo Board can ensure it’s operating in compliance with the new legislation and effectively serving the best interests of your condominium community.