This 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.