Condominium Dispute Resolution Tribunal Update

Alberta’s new Condominium Dispute Resolution Tribunal (the “CDRT” or the “Tribunal”) has come into force as of February 15, 2026.[1] The establishment of the CDRT will change the way in which condo disputes are adjudicated in Alberta and impact the remedies available to condo boards, so it is important for both condo boards and condo owners to understand the implications of these changes.

The CDRT was envisioned by the Service Alberta Statutes Amendment Act[2] (for more information, see our article about the SASAA), and established in more detail by an Order in Council dated February 6, 2026 (the “Regulation”).[3]

The Regulation establishes the procedural rules that will govern the CDRT. Notably, parties will have 1 year from the date that they knew or ought to have known of the dispute to bring an application before the Tribunal. This is a shorter limitation period than the standard two year limitation period that applies to Court actions in Alberta. The Regulation also provides that the Tribunal may begin accepting applications concerning disputes that occurred after April 1, 2025. In terms of jurisdiction, the Tribunal may hear disputes relating to monetary sanctions issued by a condo board for failure to abide by condo bylaws, access to documents (including board resolutions, budgets, and various types of documents that are governed by the Condominium Property Regulations), or annual or special general meetings of a condo board convened under the Condominium Property Act, RSA 2000, c C-22 (“CPA”). The Tribunal will not have jurisdiction to hear disputes regarding, for example, special assessments, or complaints about improper or oppressive conduct of a condo board under section 67 of the CPA.

The new regime provides for concurrent jurisdiction between the CDRT and the Courts. If a party commences an action in Court in respect of a dispute, no application may be filed with the CDRT regarding the same matter, and the Court action is to proceed, and once a hearing has concluded before the Tribunal, no court action may commence with respect to the same dispute.[4] This provision allows a plaintiff to take their dispute to either the CDRT or to Court, but ensures that parties do not pursue parallel proceedings in multiple forums. Parties should carefully consider the forum in which they initiate proceedings, as there are distinct advantages and disadvantages to each forum.

One of the advantages of the CDRT is that it is designed to be a less costly and more efficient dispute resolution process than the Courts. We anticipate that wait times and overall time to reach a resolution will likely be shorter at the CDRT than in Court actions, and the CDRT is empowered to make use of alternative dispute resolution (“ADR”) mechanisms. The CDRT is empowered to employ ADR processes at the discretion of the Tribunal, including requiring the parties to participate in mediation.[5] The CDRT, like other administrative tribunals, won’t be required to follow the traditional rules of evidence that apply to Courts,[6] which could help to streamline proceedings.

Parties are entitled to self-represent, or be represented by a lawyer before the Tribunal. Once the Tribunal delivers their decision, it is binding on the parties, and the decision may be filed in court and is enforceable like a court order. If either party is unhappy with the Tribunal’s decision, they are able to bring judicial review proceedings, and are afforded limited rights of appeal on questions of law. Either a judicial review or an appeal must be commenced no later than 30 days after the party receives the CDRT’s decision.[7]

Finally, the Regulation introduces a mandatory service fee that will be payable by all condo boards in order to fund the CDRT’s operations. The service fee has been set at $9 per unit[8] and must be paid before December 31 of each year.[9] That said, where all units in the condominium plan are registered to the same owner or group of owners,[10] the condo board will be exempt from paying the service fee. This would exempt buildings where, for example, all of the units are owned by a management or development company to be used as rental apartments.

The establishment of the CDRT and the associated service fee represent significant changes to condominium law in Alberta. Please contact a member of the McLennan Ross Condominium Law Group if you have any questions regarding this legislation.