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Real Property LawCondominiumsABMEDIUM

In Alberta, a special resolution of a condominium corporation, such as one directing a transfer of part of the common property, must be supported by owners representing at least what share of the total unit factors?

Correct Answer

C) 75% of unit factors

Section 1(1)(x) of the Condominium Property Act defines a special resolution as one passed by not less than 75% of all persons entitled to vote who represent not less than 75% of the total unit factors, or agreed to in writing by the same thresholds. Transferring or leasing common property requires such a resolution under s. 49(1). The minimum unit-factor share is therefore 75%, alongside the separate 75%-of-persons limb.

Answer Options
A
More than 50% of unit factors
B
66β…”% of unit factors
C
75% of unit factors
D
Unanimous consent of all owners

Why This Is the Correct Answer

The Condominium Property Act sets the unit-factor threshold for a special resolution at not less than 75% of the total unit factors (s. 1(1)(x)). That is the minimum support required, and the resolution must also have not less than 75% of all persons entitled to vote.

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Key Terms

special resolutionunit factors75% thresholdcommon propertyCondominium Property Act s. 1(1)(x)
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