Q: What rights do condo corporations have regarding the operation of Airbnb vacation rentals in our condos? As condo owners, we are worried about the damage that short-term renters can do to our property.

A: There has been a significant ruling in Alberta regarding Condominiums and short-term rentals.

Last fall a judge granted a temporary injunction, but in March this has now been made into a permanent injunction. The judge decided in his ruling that condo bylaws are constitutional and temporary renters who do not have a lease, are not allowed. In other words: bye-bye, Airbnb.

The Alberta court ruling gives condo boards wide latitude to ban short-term rentals such as Airbnb, after a judge concluded that owners who use those services are essentially running hotels. It does caution though that it would depend on the exact wording of a condo board’s bylaws.

Some of the salient points of the ruling, include:

Under these particular Corporation’s bylaws a unit is to be exclusively used as a “one-family residence” and for residential, not commercial purposes.

It remains to be seen whether this decision will be appealed but any decision that relies on the interpretation or application of Bylaws will be fact-specific.

It must be determined whether your relevant Bylaws are similar enough that you ‘match’ as opposed to being distinguished. The Bylaws should be reviewed in detail before any decisions are made.

You can view the full article: https://globalnews.ca/news/6610790/edmonton-condo-board-short-term-rentals/ https://globalnews.ca/news/6610790/edmonton-condo-board-short-term-rentals/

Until Next Time…