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Real Property LawABMEDIUM

An owner in an Alberta condominium corporation that still uses the initial bylaws set out in the Condominium Property Regulation wants to make a structural alteration to the common property. What approval does the owner need?

Correct Answer

A) The board's prior written consent, which cannot be unreasonably withheld, plus required permits

Under s. 33 of the Condominium Property Act, a corporation's bylaws are the initial bylaws in Schedule 4 of the Condominium Property Regulation until they are replaced by special resolution. Section 2(2)(e) of those bylaws says an owner must not make structural, mechanical or electrical alterations to the unit or the common property without the board's prior written consent, which must not be unreasonably withheld, and without obtaining all permits required by law.

Answer Options
A
The board's prior written consent, which cannot be unreasonably withheld, plus required permits
B
Written approval from the lender that holds the mortgage on the owner's unit
C
Written consent of every adjacent unit owner, with no board involvement at all
D
Approval from the Land Titles Office before any structural work can begin

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Key Terms

common propertyinitial bylawsboard consentstructural alterationCondominium Property Act s. 33
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