For condo windows in Alberta, the condominium corporation usually pays: under the Condominium Property Act s.9(2), windows in a unit's exterior walls are common property unless the condominium plan says otherwise, and s.37 makes the corporation keep common property in repair. A condo owner who rents out the unit is still the tenant's landlord and must chase the repair.
Say you own a condo in Edmonton and rent it out, and your tenant reports that the bedroom window has fogged between the panes and lets in a draft. Under your lease you are the landlord, so the tenant looks to you. But in many Alberta condominiums you do not own that window; the corporation does. This guide explains how the two relationships fit together.
Are condo windows common property in Alberta?
Yes, by default: Section 9(2) of Alberta's Condominium Property Act makes windows and doors in a unit's exterior walls common property, unless the condominium plan says otherwise. The default rule splits windows by wall:
| Window location | Default status (s.9(2)) |
|---|---|
| Interior wall of the unit | Part of the unit |
| Exterior wall of the unit | Common property, which the corporation must keep in repair (s.37(2)(a)) |
Section 9(3) defines a window as "the glazing, the window frame and the window assembly components," but not "the window casing, trim or mouldings." So in a typical building, the glass and frame of an outside window belong to the corporation, while the interior trim around it belongs to the unit.
The exceptions to check
- The condominium plan. The default applies "unless otherwise stipulated in the condominium plan." Read your plan.
- The 2000–2002 transition. Under s.9(2.1), if exterior windows were part of the unit before September 1, 2000, became common property on that date, and the corporation amended the plan by special resolution before September 1, 2002 to make them part of the units again, they remain part of the unit.
- Plans registered before 1979. Under s.9(4), unless the plan says otherwise, a unit's boundary with common property in a plan registered before January 1, 1979 is the centre of the floor, wall or ceiling.
- Bare land condominiums. In a bare land unit the unit is land described by survey monuments (s.1(1)(y)(ii)), so the s.9 wall rules do not fit neatly. Check your plan and bylaws to see who maintains the buildings.
Who repairs and pays for common-property condo windows in Alberta?
In Alberta, the condominium corporation repairs and pays for windows that are common property. Section 37(2)(a) makes it a duty of the corporation "to keep in a state of good and serviceable repair and properly maintain" the common property, and s.38 also requires the corporation to keep a reserve fund.
The bylaws matter too. Section 32 says the bylaws regulate the control, management and administration of the units and the common property, and that owners and "anyone in possession of a unit" are bound by them. Bylaws can deal with reporting problems, what owners may install, and who pays for damage an owner or tenant causes. Read yours.
When a tenant causes the damage, the Act gives the corporation a direct route. Under s.53(2), it is a condition of every condo tenancy that the person in possession will not damage the corporation's property or the common property, or contravene the bylaws. The corporation may require a rental deposit from the owner to cover such damage (s.53(3)); the Condominium Property Regulation caps it at $1,000 or one month's rent, whichever is greater (s.74.2). Under s.54, the corporation may give a tenant notice to give up possession for damage beyond normal wear and tear to common property, or for breaching a bylaw.
What does an Alberta condo landlord owe the tenant about windows?
An Alberta condo landlord still owes the tenant windows that meet the minimum housing standards, whoever owns the glass. None of the condo rules changes your duties under the Residential Tenancies Act (RTA, SA 2004, c R-17.1). Section 16(c) promises the tenant that the premises meet the minimum housing standards, and the Minimum Housing and Health Standards require windows in good repair, free of cracks and weatherproof (§2(b)). Under the Housing Regulation, "owner" includes the registered owner and any agent in possession or control.
In practice: your tenant reports to you, you report to the corporation, and you follow up until it is done. If the repair drags, the tenant's remedies under RTA s.37 (damages, a rent reduction, the cost of doing the work, or ending the tenancy) run against you, not the corporation. The Residential Tenancy Dispute Resolution Service (RTDRS) handles those claims between you and your tenant, but alberta.ca says it cannot order repairs.
| Relationship | Governing law | Who answers for the window |
|---|---|---|
| Tenant and condo owner (landlord) | Residential Tenancies Act; minimum housing standards | The owner, as landlord |
| Condo owner and corporation | Condominium Property Act; plan and bylaws | The corporation, for common property |
What should an Alberta condo landlord do when a window fails?
An Alberta condo landlord should get the tenant's report in writing, confirm ownership in the plan and bylaws, report it to the corporation in writing, and follow up until the repair is done. Step by step:
- Get the tenant's report in writing, with photos and the room.
- Check the plan and bylaws to confirm whether the window is common property.
- Report it to the corporation in writing and keep a copy. Ask for a timeline.
- Tell the tenant what you did and what the corporation said.
- Arrange access. If the corporation's contractor needs to enter, coordinate so the tenant receives 24 hours' written, signed notice that states the reason and the date and time, for entry between 8 a.m. and 8 p.m. and not on a holiday (RTA s.23). See entry notice for window work.
- Follow up in writing if nothing happens. Section 37(2)(b) also requires the corporation to comply with notices or orders by a public authority requiring repairs, so a public health order can move a stalled repair.
Where do Alberta condo owners take disputes with the corporation?
Alberta's new Condominium Dispute Resolution Tribunal hears three kinds of disputes, according to alberta.ca: monetary sanctions imposed by a corporation, access to documents, and general meetings. Repair and maintenance disputes are not on that list; alberta.ca says other disputes may need to go to the Court of King's Bench. Access to documents is useful here: if the corporation will not show you the plan, bylaws or reserve fund information, that may be a matter for the tribunal.
How do you choose a window contractor for an Alberta condo?
For common-property windows in an Alberta condo, the corporation chooses the contractor. For windows that are part of your unit, or for in-unit trim and coverings, the usual checks from Alberta.ca's Hiring a contractor page apply: a written contract with a detailed description of the work, insurance and Workers' Compensation Board coverage, permits where needed, and a licensed prepaid contractor where money is taken up front on a contract made away from the business's premises. Ask the corporation in writing whether its bylaws set any specification for appearance or performance before you order.
What mistakes do Alberta condo landlords make with windows?
The common mistakes Alberta condo landlords make are assuming they own the windows, stepping back from the tenant, and skipping the corporation's paperwork:
- Assuming you own the windows because they are inside your unit's walls.
- Telling the tenant to call the condo manager and stepping back. You remain the landlord.
- Skipping the s.53 notice to the corporation before renting: the owner must give written notice of the intention to rent, an address for service and the rent, and the tenant's name within 20 days of the tenancy starting.
- No move-in inspection report recording window condition, which makes damage claims hard.
How can Tenon10 help an Alberta condo landlord?
In Tenon10 you can create an Alberta lease for a condo rental and run the move-in and move-out inspection reports, so the condition of each window is recorded at the start and end of the tenancy and kept with the lease.
Frequently asked questions
Are condo windows common property in Alberta?
By default, windows in a unit's exterior walls are common property and windows in interior walls are part of the unit (Condominium Property Act s.9(2)). The condominium plan can say otherwise, and there are transition and pre-1979 exceptions.
Who pays to replace a condo window in Alberta?
Where the window is common property, the Alberta condominium corporation must keep it in good and serviceable repair (s.37(2)(a)). Bylaws can make an owner responsible for damage the owner or tenant caused.
Is the window trim mine or the corporation's?
The Alberta Act's definition of a window excludes "the window casing, trim or mouldings" (s.9(3)). Interior trim is therefore generally part of the unit.
Can my tenant complain to public health about a condo window in Alberta?
Yes. The minimum housing standards apply to the rental, and an order can require repairs. The corporation must comply with orders by a public authority requiring repairs (s.37(2)(b)).
How much rental deposit can an Alberta condo corporation charge me?
The Condominium Property Regulation caps it at $1,000 or one month's rent, whichever is greater (s.74.2). This is separate from the tenant's security deposit.
Run your condo rental properly
Create an Alberta lease and run move-in and move-out inspection reports in Tenon10.
Built for Canadian landlords and property managers.
What else should Alberta condo landlords read?
These Tenon10 guides and forms cover the wider Alberta rental rules:
