Many people purchase or rent a condo space without knowing all the rules for condominiums in Alberta. The Condominium Property Act has changed in the past few years, making misconceptions more common.
Here are three myths we see:
Myth 1 – Condo meetings are dull and useless
Okay, okay, that first part may be true. Most people aren’t lining up around the block to get exclusive VIP passes to their condominium’s annual general meeting.
However, like many other parts of homeownership, some tedious duties are necessary to ensure the value and liveability of your home.
Board meetings and owner’s meetings give you a chance (in some cases, your only chance) to voice your concerns.
Every condo corporation must hold an Annual General Meeting no later than 15 months after the last one. There was a brief pause on this rule at the beginning of the pandemic. Now all condo corporations are expected to figure out a way to meet (such as virtually), regardless of quarantine measures.
Myth 2 – Condo Bylaws Aren’t Enforceable
Some owners and even some condo boards are confused by the difference between a condo rule and a condo bylaw. Bylaws regulate the corporation and how it operates the property. This may include restrictions that apply to owners/occupants the type and size of pets allowed. Rules cover what is expected of owners and occupants to make living/ working in a condo building more pleasant for everyone, for example, rules around cleaning up after your dog.
It’s a subtle but important difference. Bylaws are enforceable, meaning a condo board can apply sanctions to an owner or occupant for failure to follow them. Rules, however, cannot have sanctions. For example, you cannot insist someone pay a fine for not wiping down the gym equipment.
Myth 3 – Owners Can’t Rent Their Condo
For residential condos, the issue of owners renting out their suite on a short-term basis using websites like Airbnb has been a fraught one. Some owners enjoy or even rely on this source of income. Other owners may be displeased with constantly rotating neighbours. In March 2020, an Alberta judge ruled that condo complexes are within their rights to restrict owners from renting their suites on Airbnb.
However, condo buildings cannot restrict owners from renting out their condos entirely. Individual suites or bays are considered private property. A condo board can set a bylaw that owners must pay a deposit before renting out their suite to cover potential damages a tenant might do to common property. Still, they cannot limit an owner from renting their unit.
If you have questions about Alberta’s condo laws, contact us. One of our experts will be happy to help.
