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62093.03This paper outlines some options available to condominium corporations to collect against condominium unit owners who have defaulted in paying their condo fees, chargebacks, fines, or special assessments. The paper discusses filing a caveat against a unit’s title, sending a demand letter, serving a notice to pay arrears, and commencing a foreclosure action. The paper includes, as appendices, a sample caveat, demand letter, and statement of claim. This paper is part of a collection presented at LESA’s Condominium Law Update program in Calgary on September 26, 2018 and in Edmonton on October 10, 2018.
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62093.02This paper provides an overview of condominiums, highlighting key provisions from the Condominium Property Act and its regulations. Topics discussed include types of condominium developments, condominium corporations, unit ownership, and cannabis considerations for condominiums. As well, key principles and concepts related to condominiums are also considered, such as property management, reserve funds, condominium fees, and more. This paper is part of a collection presented at LESA’s Condominium Law Update program in Calgary on September 26, 2018 and in Edmonton on October 10, 2018.
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OC-62064Develop a solid foundation in real estate law and conveyancing. Review standard documents, processes, and timelines. Examine key legislation, typical contract terms, land titles procedures, and common issues. This on-demand program was originally presented as an in-person program in April 2018. Total running time is 2 hours, 23 minutes.
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62083.03This paper examines changes in financing practice for lawyers acting for lenders and borrowers. It discusses regulatory requirements respecting anti-money laundering, requirements of the Office of the Superintendent of Financial Institutions, and professional requirements to hold and protect private information. It also provides tips for enforceability opinions. This paper also focuses particular attention on real estate lending, discussing changes to the Canadian Mortgage and Housing corporation master loan insurance policy, environmental concerns, title insurance, and due diligence searches. A number of appendices, such as client identification requirements and beneficial ownership requirements, are also included. This paper is part of a collection presented at LESA’s 51st Annual Refresher: Business program in Lake Louise from May 6–8, 2018.
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62064.06This paper provides tips for lawyers transitioning to the Alberta Land Titles Online (ALTO) system for real estate matters. The suggestions provided are based on the lessons learned from the author’s own transition to ALTO. The paper discusses implementing a pilot project prior to making a full transition to ALTO, planning for changes to lawyer involvement and processes, considering different technical options, understanding digital signatures, and more. This paper is part of a collection presented at LESA’s Real Estate Fundamentals program in Edmonton on April 17, 2018 and in Calgary on April 24, 2018.
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62064.02This paper provides a how-to guide for running a real estate file when acting for the buyer. It provides tips and information for handling a file from start to finish, including receiving the purchase contract, conducting searches, reviewing and preparing purchase and mortgage documents, meeting with and reporting to clients, and requesting funds and closing. This paper is part of a collection presented at LESA’s Real Estate Fundamentals program in Edmonton on April 17, 2018 and in Calgary on April 24, 2018.
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62064.01This paper provides a how-to guide for running a real estate file when acting for the seller. It provides tips for handling a file from start to finish, including information on title and tax searches, payout statements, Real Property Reports, trust letters, closings, and common problems and mistakes. It also includes recommended practice guides for Real Property Reports. This paper is part of a collection presented at LESA’s Real Estate Fundamentals program in Edmonton on April 17, 2018 and in Calgary on April 24, 2018.
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62074.05This paper focuses on risk mitigation in condominium development. It identifies areas of post-developer conflict in condominium corporations, discusses the current state of the law, and considers potential solutions to dealing with condominium development conflict. Topics discussed include recent amendments to the Condominium Property Act, developer bylaws, payment of fees on undeveloped or incomplete units, bareland condominiums, purchase money held in trust, and more. The paper includes, as appendices, a draft originating application and accompanying affidavit to have trust money paid into court. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.
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62074.04This paper examines liability risks to lawyers involved in real estate transactions, from the perspective of a foreclosure lawyer. It discusses the current state of the law with respect to lawyers’ negligence, including recent case law involving straw buyer mortgage fraud schemes. It also considers recent changes to the Condominium Property Act and potential issues that can arise when acting for a condominium developer. Finally, the paper provides strategies to employ to help avoid liability issues. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.
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62074.03This paper reviews land use and environmental legislation and considers the impact on property ownership. In particular, the paper examines regional plans under the Alberta Land Stewardship Act, municipal planning and development plans under the Municipal Government Act, and land use bylaws. It discusses which plan prevails when there is a conflict of plans, and also highlights relevant case law. The paper also considers key provisions under the Environmental Protection and Enhancement Act that are of particular relevance to property ownership. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.
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62074.02This paper highlights recent Alberta case law relevant to real estate lawyers. It summarizes the issues and facts involved in each case, and provides an analysis of the court’s decision to help lawyers inform their conveyancing practices. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.
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62062.02The occupation and use of rural land in Alberta is impacted, to some extent, by the proximity to a source of water for potable and irrigation use. This paper discusses the interplay of water law and rural property transactions in Alberta. It reviews the Water Act, RSA 2000, c W-3, and in that context, highlights topics including: deemed licenses, new licenses, and transfers and assignments. It also discusses the Irrigation Districts Act, RSA 2000, c I-11, with a particular focus on terminable water agreements, household purposes agreements, rural water use agreements, remote delivery agreements, alternate parcel irrigation agreements, and transfer of irrigation rights. This paper is part of a collection presented at LESA’s Family Farm Issues in Red Deer on October 27, 2017 and in Lethbridge on November 3, 2017.
