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Old 08-29-2019, 01:52 PM   #3
getbak
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They shouldn't be requesting that your father do it.

It's up to the Corporation to give the tenant the notice to give up possession. It must be either hand-delivered by the board (or a representative of the board such as a management company) to the tenant or sent by registered mail before the end of the month (since it's the 29th, they'd need to hand-deliver it to ensure the tenant receives it in time).


Check the Alberta Condominium Property Act (Section 54, Notice to Give Up Possession) for more information: http://www.qp.alberta.ca/documents/Acts/c22.pdf


If the tenant refuses to honour the notice and give up possession by the end of the month, the Corporation would then need to file with the court to get an order to give up possession (Section 55 of the Act). The court will then order the tenant to be out of the unit by a certain date. If they still refuse, the corporation can enforce the court order as needed.


As the owner of the unit, your father really shouldn't be involved in the process (other than being given copies of the notice). It's between the corporation and the tenant. The Condo Property Act gives a corporation a lot more power than the Residential Tenancy Act gives to a landlord.


I had to go through the process last year as a board member. The tenant threatened to refuse to leave, but eventually gave in and we didn't have to go through the hassle of getting a court order, but it was annoying.
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