Thursday, October 19, 2006

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.

13 Comments:

At May 13, 2008 at 11:56 AM, Blogger ppoinsignon said...

I am a concerned tenant in a Condominium Property. I witnessed several breaches of the law by the Condominium Board directors. I cannot legally file a lawsuit with the Court of Queen's Bench nor go to a Mediation or Arbitration Court over these significant breaches of the law that affect all residents, whether unit owners or tenants. If I was an owner or mortgagee,therefore having a registered interest in the property, I would be allowed to do so but then a conflict of interest enters into play. What can I do to improve the situation? Is there a Court remedy for tenants?

Thank you.

 
At February 2, 2009 at 6:01 PM, Blogger Unknown said...

If the breach is serious enough you should be contacting your landlord and informing them of the issue. If they are unwilling to do anything, you should consider leaving at the end of your lease, or depending on the breach of the law, be able to use that to break your lease.

As for limiting tenants in a condominium, I think even the privacy act now hinders this ability as you are not allowed to ask people if they own or rent, it's private!

 
At April 8, 2010 at 10:07 AM, Blogger Christopher Edwards said...

My condo board has passed a bylaw that charges $50/month if you rent out your condo. Is this legal?

 
At April 29, 2010 at 2:27 AM, Blogger lisa_d said...

It is a useful piece of information. Thanks for the post.

Deirdre G
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At May 20, 2010 at 4:08 PM, Anonymous Anonymous said...

Chris - I would double check the Act but I am pretty sure they can only ask you for a refundable damage deposit that does not exceed the amount of one month's rent.

 
At April 17, 2011 at 6:44 PM, Blogger my real estate blog said...

Well, this is a concern, they must do something about it. Anyway, I've got his point there. Thanks for sharing.

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At July 19, 2011 at 11:17 PM, Blogger Unknown said...

Can a Condo Board refuse to give the owner of a rental unit a key to access the building/

 
At September 12, 2011 at 1:57 AM, Blogger arrielle_p said...

Great blog. Will check the link you have shared where the services available to Betty's Owners Club Members. Thanks!

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At October 3, 2011 at 3:28 PM, Blogger Jack said...

If a owner is living in his or her condo and wishes to have a live in domestic ( house keeper/ care provider ) does a condo association have the right to force the owner to not have a live-in domestic in his or her condo. Does the act prohibit these actions.

Jack

 
At February 2, 2012 at 12:28 AM, Blogger Jeffrey21 said...

I am just curious why the tenants have more right than the owners to decide if they want the whole building to be occupied. It is not their building in the first place. If they want the owner not to rent out the remaining units then they can pay for the rentals themselves.

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At June 21, 2012 at 5:30 AM, Blogger Unknown said...

this tenants in alberta information seems very impressive and this is something that i liked about it.
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At June 26, 2012 at 11:39 PM, Blogger Unknown said...

The blog contain good quality content and information on restricting tenants in alberta.
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At October 9, 2013 at 4:44 AM, Anonymous Anonymous said...

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