The law relating to legal expenses in litigation involving Alberta condominium corporations is evolving, but remains far from settled. In several recent decisions of the Alberta Court of Queen’s Bench (Toronto-Dominion Bank v Bachand, 2021 ABQB 271, Tutt v The Owners: Condominium Plan No. 7822572, 2020 ABQB 213), the Court concluded that legal fees incurred by a condominium corporation in recovering unpaid contributions or taking action to enforce bylaws against an owner cannot be added to and treated like an assessment for common expenses, and charged back to the particular owner responsible, regardless of what the corporation’s bylaws might say. Read the entire article……………………………….
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