2. Waiver
• This presentation is not intended to be legal
advice to any specific corporation or
individual. Attending or receipt of this
presentation does not constitute or create a
solicitor client relationship.
• It is intended for general information
purposes. Contact a lawyer for information
and advice specific to your situation.
3. Why is understanding bare land
condos important?
• Fundamentally a different type of ownership
interest than a ‘regular’ condo.
• Alberta - Maciejko v. Condominium Plan No.
9821495, 2012 ABQB 607
• However, there has not been a lot of case law
on these developments – largely focused on
tax assessments and their unique nature.
4. Definitions
• Bare land unit – as defined in 2(bb)(ii)
• Which states:
(ii) in any other case, land that is situated
within a parcel and described as a unit in a
condominium plan by reference to boundaries
governed by monuments placed pursuant to
the provisions of The Land Surveys Act, 2000
and the regulations made pursuant to that Act
respecting subdivision surveys;
5. On Development Side
• Need an endorsed declaration, regardless of
use.
• Historically, used to be the only development
that required this endorsed declaration
• Security amount has been enhanced to ensure
that Developers are finishing up their projects.
6. Development (cont’d)
• Need to provide purchasers with reasonably
specific description of buildings to be placed
on property
• Plan needs to show:
– (a) show the boundaries of each unit by reference
to boundaries governed by monuments placed
pursuant to the provisions of The Land Surveys
Act, 2000 respecting subdivision surveys; and
– (b) show the approximate area of each unit
7. Role of board vs. Ownership interest
• 35(1) A corporation is responsible for the
enforcement of its bylaws and the
• control, management and administration of the
units, and of the common property and common
facilities.
• HOWEVER – Remember that it is the unit is much
broader in scope. Especially in contentious issues
– remember that exterior is part of unit. Follow
notification provisions before entering unit.
8. Management advice
• Look for analogies to other forms of
condominium ownership to create effective
bylaws.
• Example – exterior appearance bylaws as a
means by which to manage conduct on bylaw
• Example: “Unit owners shall not have debris,
garbage or refuse accumulate on the exterior of
their unit. Unsightly materials, as determined by
the board in their sole discretion, shall be
removed within 48 hours of notification.”
9. Bylaws
• Look to create community design and
construction standards in your bylaws.
• As the unit is responsible for the maintenance
of the condominium, the exterior changes
could be quite dramatic.
• If you are looking for a consistent design, you
should require it.
10. Reserve Funds
• Many reserve funds in bare land complexes are focused
on true common elements; Others have not
distinguished based on unique ownership type.
• If you are collecting reserve amounts for elements ON
UNITS – prepare the appropriate bylaw.
• Section 47 - (i.1) governing the assessment and
collection of contributions towards the common
expense fund and reserve fund for the maintenance of
units or portions of units that the corporation is
required to maintain;
11. Insurance
• Section 65(1) of the Act – “Developed bare
land units”
– Multi unit buildings, or shared load bearing walls
and roofs
– Need to insure buildings
– Major perils, and anything else required in bylaws
• Otherwise, up to individual corporation, and
more of the focus in the next presentation.
