Erin Berney possesses extensive experience in all manner of residential and commercial condominiums, from traditional, bare land and phased-style development, to “barely blended”, duplex, mixed use, and rural developments, including foreign ownership requirements. Erin has successfully litigated various matters on behalf of condominium corporations, unit owners and property management companies alike, including a precedent-setting decision on short-term rentals in Alberta.
She has been a condo owner in downtown Edmonton since 2005. Additionally, she has served on the Board of Directors as Treasurer, Secretary and Chair of the Bylaw Review Committee, which gives her unique insight and invaluable knowledge and experience that she brings to her clients. She has assisted condominium corporations, developers, property managers, boards, owners and tenants in creating and maintaining vibrant, fair and law-abiding condominium communities all across Alberta.
Erin maintains a broad legal practice emphasizing general civil litigation. Her primary area of focus is condominium law in Alberta, including:
- Bylaw reviews, drafting, interpretation, amendments, and enforcement
- Borrowing/loans and security
- Property management, contract drafting and agreement reviews
- Collection of condominium fees, charge-backs and fines
- Foreclosures, liens, caveats, and priority disputes
- Builder/developer/construction deficiencies
- Tenancy-related issues and evictions
- Leases, licenses and transfers of units/common property/common property units
- Insurance claims
- Privacy and security policies
- Procedural issues and corporate governance
- Planning, development and Land Titles Office registrations
- Short-term accommodations and other uses
- Limitations defences
Before venturing into the field of law, Erin was a graphic designer at the Edmonton Journal and managed the Canadian Literature Centre at the University of Alberta. She was also a student editor for the Alberta Law Review.
Outside the Office
In her spare time, she enjoys reading a good book, playing golf, piano and guitar, as well as spending time with her family, friends, and her cat, Winston.
Canadian Condominium Institute
Edmonton Community Legal Centre
Pro Bono Law Alberta
Civil Claims Duty Counsel Volunteer
2012 - 2017
Queen's Bench Amicus Court Assistance Program
2017 - 2017
Application to Prevent Condo Unit Owners Offering Short-Term Accommodations
Field Law brought an application on behalf of a condominium corporation in Edmonton for an interim injunction to prevent unit owners from offering short-term accommodations. The corporation alleged that:
- Unit owners had listed their respective units on short-term accommodation websites such as Airbnb and HomeAway, and
- Permitted members of the general public to occupy their units on a short-term basis in exchange for payment.
The unit owners did not deny these claims and the Court ultimately determined that the unit owners violated the bylaws imposed by the corporation.
As a result of this case, condominium boards in Alberta now have legal authority on which to pass bylaws that prohibit, restrict or regulate the operation of units as short-term accommodations. On this basis, they can enforce existing bylaws against unit owners who are operating Airbnbs in their condos.