Erin Berney
Erin Berney
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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 and friends.

Canadian Bar Association
Canadian Condominium Institute
Edmonton Community Legal Centre
Fundraising Volunteer
Pro Bono Law Alberta
Civil Claims Duty Counsel Volunteer
2012 - 2017
Queen's Bench Amicus Court Assistance Program
2017 - 2017
Condominium Corporation No. 042 5177 v Kuzio, 2019 ABQB 814

An application on behalf of a condominium corporation in Edmonton to prevent unit owners from offering short-term accommodations like Airbnbs.

April 30, 2021
People, Pets + Parking: Pandemic Problems - Part 1
Q+A Session
Join Erin Berney and Niall Burke for a complimentary new webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property ...
April 24, 2021
Short-Term Rentals: Legal Clarifications + Bylaw Considerations
Alberta Condo Expo 2021
With the development of apps and companies that specialize in direct marketing of short-term rental accommodations, the phenomenon of short term rentals in condominium complexes has become a hot topic. Join lawyer Erin Berney to hear about things to ke...
March 24, 2021
Navigating the Legal Landscape of Condo Insurance
Presented by The Insurance Institute
Condo Insurance is complex and can cause headaches for brokers, adjusters, underwriters, condo boards and property managers. Learn how to navigate through the legal landscape of condominium insurance. Join Erin Berney as she presents this virtual ...
February 2021 - 7 min read
Understanding Board Member Duties: When Condo Boards Fail
Real Estate Blog
November 2020
The Importance of Notice
Real Estate Blog
November 2020
Amending Bylaws by Ordinary Resolution: When is a Conflict a Conflict?
Real Estate Blog
November 7, 2020
CCI-N Fall Leaders’ Forum
Q+A Session - Is Your Condo Safe + Secure?
October 2020 - 4 min read
UPDATE – Ministerial Order 009/2020 Expired: Condos Once More Required to Convene AGMs
Real Estate Blog
October 2020 - 2 min read
Asserting Privilege in the Condominium Context
Real Estate Blog
September 16, 2020
Privacy for Condo Corporations: Understanding + Complying with PIPA
Condominiums in Alberta are defined as organizations which are subject to the requirements of the Personal Information Protection Act (PIPA). This means that condo corporations must develop and adhere to policies and practices that comply with PIPA whe...
July 2020 - 38 mins
Is Your Condo Safe + Secure?
CCI Webinar
June 10, 2020
Condominium Quicksand
Edmonton Real Estate Investors Assoc- ZOOM Series
June 2020
Condo Corporations Now Permitted to Access Reserve Funds in “Emergencies”
Real Estate Blog
April 2020 - 4 min read
Suspended: Condo Time Frames and Rights of Entry
Real Estate Blog
April 2020 - 2 min read
No Contractors Allowed: Court Calls Condo Matter “Urgent”
Real Estate Blog
April 2020 - 8 min read
Tackling COVID-19 and Minimizing Risk: Considerations for Alberta Condominium Corporations
Real Estate Blog
March 2020
Convening a Condominium AGM Amid Concerns over COVID-19?
Real Estate Blog
March 2020
Alberta Airbnb Decision Could have National Implications
The Lawyer's Daily
March 2020
Alberta Court Rules Airbnb Rentals are like Hotels, Makes it easier for Condo Boards to Ban Them
Globe and Mail
February 2020
Regulation of Short-Term Rentals Still To Be Decided
Real Estate Blog
Winter 2019
Canadian Condominium Institute
Ask the Professionals
December 2019
Cutting the Red Tape: New Condo Regulations coming to Alberta January 1, 2020
Real Estate Blog
December 20, 2019
Recent Court Ruling Limits Airbnbs in Condos
Calgary's Business
August 2019
City Moves to License AirBnBs and Other Short-Term Rentals
Field Law Blog
July 2019
Cutting the Red Tape? New Condo Regulations are on Hold for Further Review
Real Estate Blog
July 2019
Legal Cannabis and Alberta Condominiums
Considerations for Creating Enforceable Bylaw Amendments
The federal government recently passed Bill C-45, an act that legalized personal consumption and cultivation of cannabis in small amounts. This new law, referred to as the Cannabis Act, came into effect on October 17, 2018. In combination with newly in...

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:

  1. Unit owners had listed their respective units on short-term accommodation websites such as Airbnb and HomeAway, and
  2. 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.

University of Alberta, 2012, Juris Doctor
University of Alberta, 2006, Bachelor of Arts