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City looking for legislative changes after losing condo court battle

Sep 17, 2019 | 8:41 AM

Medicine Hat, AB – The City of Medicine Hat will be looking for some help in dealing with a long-standing issue of utility infrastructure at the River Ridge Condo following an Alberta Court of Appeal ruling earlier this year.

The issue stems from a dispute over ownership of utility infrastructure built by the original developer of the River Ridge Condo, Medican, and its agreement with the city to manage it.

The River Ridge Condo Association successfully argued home buyers weren’t informed when purchasing their properties of the deal between the city and Medican, which made the association owner of the infrastructure which services several surrounding properties.

Council agreed Monday to forward a resolution to the Alberta Urban Municipalities Association asking the organization to advocate for changes in legislation which would prevent such a situation from happening again.

Council voted to accept the resolution which reads in part that AUMA advocate for the province to amend legislation, “to clarify that a municipality should not be responsible for the repair and maintenance of a portion of a public utility unless it is an owner of that portion of the public utility.”

The resolution is expected to be presented to the AUMA at its fall convention.