Resources

Helpful resources on the Condominium Act, 2015.

Fact sheets

These fact sheets provide information about the Condominium Act, 2015, and its Regulations, which came into force on October 1, 2022. We intend the fact sheets to be a simplified general resource. You should not consider the fact sheets to be legal advice or opinion. Seek legal advice about any specific issues.

You can view and download the following fact sheets.

Take a look at this timeline infographic to help you understand when the new Act and Regulations will apply to you. You can also view the infographic as a downloadable PDF.

Common questions

When will the new legislation apply to your condominium corporation?

The new Condominium Act, 2015, will come into force on October 1, 2022, along with 6 new Regulations under the Act.

Look at our timeline infographic. It will help you understand when the new Act and Regulations will apply to new and pre-existing condominium developments.

What can you expect to see in the new Regulations?

The Regulations will clarify procedures and requirements, including but not limited to:

reserve fund requirements;
specific types of condominiums such as phased, leasehold, bare land and converted building;
budgeting, investments, financial statements and audit requirements;
insurance, fines and records retention;
the provision of additional documents to a purchaser and cancellation rights concerning the sale agreement; and
governance mechanisms.

Will current bylaws be 'grandfathered' in or will they become unenforceable?

The bylaws of a pre-existing condominium that were in force immediately before October 1, 2022, will continue until they’re:

amended;
added to;
replaced; or
repealed.

All changes must be in accordance with the new Act. Read Fact Sheet #4: Condominium bylaws for more information.

How will developers and condominium corporations establish reserve funds?

The developer of a new condominium must establish a reserve fund. They do this by contributing 25 per cent of the annual estimated common expenses shown in the interim budget.

Condominium corporations created after October 1, 2022, have to comply with the reserve funds requirements. This includes the development of a reserve fund study and contribution schedule.

Condominiums with 2 or fewer units such as duplexes do not have to comply with reserve fund requirements. Read Fact Sheet #2: Reserve Funds for more information.

Is there a transitional period to comply with reserve fund requirements?

The Condominium Act, 2015, provides pre-existing condominiums with time to comply with reserve fund requirements.

Pre-existing condominium corporations that are 10 years or older on October 1, 2022

These corporations are exempt from the reserve fund study for 5 years. After that period they may waive the reserve fund requirements by special resolution for additional periods of up to 1 year.

Pre-existing condominium corporations that are less than 10 years old

On October 1, 2022, these corporations are exempt from the reserve fund requirements for 5 years.

What type of insurance does your condominium corporation need?

Condominium corporations must keep insurance in place to cover damage caused by risks such as:

fire, or any other peril described in the Condominium General Regulation;
claims by 3rd parties; and
acts or omissions of the board of directors.

Read Fact Sheet #3: Insurance for more information.

You own a residential condominium unit – what happens if you get into a disagreement with the condominium corporation or with another unit owner?

Condominium corporations are self-governing. If you get into a dispute with the corporation or another unit owner, consult your corporation’s bylaws to see if they address the issue. Try to resolve the dispute through civil conversation. Or, put your complaint in writing and ask to speak to the board of directors at a meeting. If the dispute cannot be resolved, you may want to get legal advice.

The Government of Yukon does not take part in disputes between:

condominium unit owners; or
condominium unit owners and boards.

You own a residential condominium unit and want to rent it to someone. Are there special rules you have to follow?

As a landlord, you must comply with:

the Yukon’s Residential Landlord and Tenant Act;
the requirements of the Condominium Act, 2015; and
your condominium corporation’s bylaws and rules.

For example, you must give your tenant copies of the:

condominium corporation’s bylaws and rules; and
a list of any other tenant’s responsibilities.

You must also give the condominium corporation information about your tenant. Read Fact Sheet #4: Condominium bylaws for more information.

Is the Government of Yukon planning any education campaigns around the new Act and Regulations?

We’ll be posting opportunities for information sessions throughout fall 2022 on the events page.

Where can you find more information about the Act and Regulations?

Review the fact sheets and timeline infographic. If you have any specific questions, email the Land Titles Office at condos@yukon.ca.

The Land Titles Office can provide you with information about:

the process and documents that must be registered to create a condominium;
annual filings for condominium corporations; and
other filing requirements for condominium corporations.

The Land Titles Office cannot:

provide legal advice;
help you fill out forms;
interpret legislation for you; or
give you advice about your condominium corporation’s bylaws or rules.

Find out more about the Land Titles Office.

Additionally, a lawyer or real estate professional, as appropriate, who is experienced in condominium transactions may help you understand your rights and obligations as a:

developer;
member of a condominium board of directors;
potential purchaser of a condominium; or
unit owner.

Useful links

Canada Mortgage and Housing Corporation
Law Society of Yukon; Lawyer Referral Service
Condominium Act, 2015
Condominium Act, 2015 Regulations