Improving the condominium and construction sectors

The proposed changes to the Condominium Property Act would: 

• provide the framework for establishing the long-anticipated Condominium Dispute Resolution Tribunal, which will make it easier and more affordable for condominium owners and corporations to resolve common disputes outside the court system
• establish that chargebacks, if authorized by bylaws, are contributions, which may be levied by a corporation against condominium owners who are directly responsible for incurring costs – for example, as a result of damages – to ensure the chargebacks are paid:
  • treating chargebacks as contributions means there can be consequences for non-payment, just as there can be for the non-payment of condo fees 
• improve condominium governance (for example, through meeting and voting procedures) and enhancing consumer protections (for example, by bringing in a technical analysis requirement for new condominiums) 

Proposed changes to the PPCLA will:

• clarify the adjudication process to ensure an efficient option for dispute resolution 
• allow consulting professionals, like architects and engineering firms to opt out of PPCLA holdbacks so they can get paid in full sooner
• remove ambiguity around when a construction contract is complete by clarifying when final payment under a contract or subcontract is considered to have been made and making adjudication available for 30 days after that date 
• make several other clarifying amendments to the PPCLA to eliminate confusion

Proposed amendments to the Public Works Act would:

• facilitate amendments to the Public Works Act so that prompt payment rules and processes can be extended to Government of Alberta construction projects
• create harmonized prompt payment rules and processes for public and private sector construction projects
• extend prompt payment timelines and adjudication rules from the PPCLA to Government of Alberta projects under the Public Works Act, this would:
  • include proper invoicing provisions of 31-day billing cycles unless testing or commissioning is required
  • clarify that as of spring 2025, all new contracts would align with the legislative requirements and all existing contracts would continue as written until project completion