Recent Decisions Support Increased Powers For Condo Boards In Restricting Commercial Activity Within Individual Units

Many condominium boards have implemented a temporary ban on short-term rentals in an effort to maintain the safety of their residents during the current COVID-19 pandemic. While some may opt to reallow this somewhat controversial use of residential units, others are considering permanently prohibiting this practice in light of ongoing issues arising from short-term rental units like increased noise complaints and safety concerns.

A recent case out of Edmonton establishes a strong precedent that condominium corporations in Alberta whose existing by-laws prohibit commercial use or limit occupancy to the owner, their tenants, family or friends will not require a majority vote of unit owners to implement a such ban.