Restricting Tenants in Alberta Condominiums

Dear Betty,

We have had a few problems with tenants in the past months. If we want to go 100% owner occupied for our 31 unit building, this would require the 75% vote of unit factors to effect this change? We are considering a 1 year time frame to allow owners to sell, move back in, etc. As far as I can tell this is legal, and I think its a great selling feature as well, due to the general problems of tenants in condos. Any advice? Thank you. M L, President.

Dear ML

Thank you for sending us your question. Many condominium Board Members and Owners in Alberta think that they can restrict tenants from occupying the units by passing a Special Resolution of the Owners to amend the bylaws. In Alberta, it is quite the contrary as the Condominium Property Act prohibits the restriction of tenants in condominium bylaws. In fact the Condominium Property Act clearly states that bylaws are NOT to RESTRICT an owner from leasing their condominium unit. In support of the Owners, the Alberta Condominium Property Act gives power to the Board of Directors of a condominium, that specifically allows them to protect the owners investments when units are occupied by tenants. For example, if a unit is occupied by a tenant, the tenant is equally governed by the bylaws and therefore, if the bylaws provide for fining, the tenants and owners can be fined for breach of a bylaws, equally, or, should a tenant continue to breach the bylaws, after being notified of the breach and being provided time for a reasonable remedy, the corporation may order the owner of that unit to evict that tenant, under the protection of this ACT. (Check the Act and follow the conditions that apply).

The bottom line is that although our legislation does not allow the restriction of tenants, or the ability to limit the number of tenants, the legislation gives a lot of remedy to the board of directors of a condominium, that enables them to deal with a difficult or irresponsible tenant.

Our suggestion is to treat the tenants with respect, include them in the community activities, including inviting them to meetings (as non-voting guests), be sure in their welcome package you include a copy of the bylaws and a notice that informs them they are governed by these to the same extent as the unit owner. You will discover that many tenants have pride in their homes, just as the owners do. When tenants are treated like second class citizens, that is how they will behave.

Thank you,
Betty
Check out the services available to Betty's Owners Club Members on our web site www.condo-check.com . A copy of the Condominium Property Act of Alberta and the Regulations can be purchased at the Queens Printer. Follow the link on our website.