Fine cap checker
Alberta's Condominium Property Regulation caps the fines a condominium corporation can impose on an owner. Type in your fine amount and whether this is a first or subsequent offence — get an instant yes/no against the statutory ceiling.
The rule
Section 73.8 of Alberta's Condominium Property Regulation sets two caps:
- First offence: the fine may not exceed $500.
- Subsequent offence: the fine may not exceed $1,000.
A fine that exceeds the cap is unlikely to be saved by the substantial-compliance test the CDRT applies. Exceeding the cap is direct statutory breach, not a procedural irregularity — the sanction generally cannot stand at that level.
What counts as a “subsequent” offence?
The CPR does not narrowly define this, but practical experience at the SDAB and parallel Canadian tribunals suggests a subsequent offence requires:
- A prior fine for the same conductthat was properly issued under the corporation's bylaws and CPR s.73.7 (a defective prior notice may not count).
- Written record of the prior offence — a verbal warning is not enough.
- Reasonable timebetween the prior offence and this one. A first offence three years ago, with clean conduct in between, may not support a “subsequent” characterization.
If your notice characterizes the fine as a subsequent offence and you can't recall a prior written warning that meets these criteria, ask the corporation to produce the documented prior offence. If they can't, the cap drops to $500 and the fine may need to be reduced.
Not legal advice. The statutory caps reflected here come from section 73.8 of Alberta's Condominium Property Regulation. Verify against the official text before relying on the result.