Erin Berney
Erin Berney
(She/Her)
Partner
Overview
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Client Stories
Media

Erin Berney has 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 issues. She 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 owned a condominium in the Oliver neighbourhood of Edmonton since 2005, and has served on her Board of Directors as Treasurer, Secretary and Chair of the Bylaw Review Committee. She is currently on the Board and serves as the Privacy Officer. This experience gives her unique insight and invaluable knowledge and experience that she can bring to her clients. She enjoys advising and assisting condominium corporations, developers, managers, boards, owners and tenants and helping them learn more about their rights and duties. Her focus is on education and trying to solve problems outside of court first and foremost, and she believes that this helps contribute to the overall goal of condominiums which is achieving fairness among all the owners.

Erin maintains a broad legal practice that includes general civil litigation but focuses on condominium law in Alberta, and in particular she has experience with the following:

  • 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, video surveillance and security policies
  • Procedural issues and corporate governance
  • Planning, development and Land Titles Office registrations
  • Short-term accommodations and other uses

Before venturing into the field of law, Erin was a graphic designer at the Edmonton Journal newsroom for 10 years, and she managed the Canadian Literature Centre at the University of Alberta for four years, both of which she continued doing full-time through her three years of law school. She was also a student editor for the Alberta Law Review and was responsible for maintaining and updating its website.

Outside the Office

In her spare time, she enjoys reading a good book, playing golf, piano and guitar, and spending time with family, friends and her cat Quincy in her downtown condo.

Canadian Condominium Institute (North)
Member
Condo Owners Forum
Member
Canadian Bar Association
Queen's Bench Amicus Court Assistance Program
Volunteer
2017 - 2017
Pro Bono Law Alberta
Civil Claims Duty Counsel Volunteer
2012 - 2017
Edmonton Community Legal Centre
Fundraising Volunteer
Duperron v Condo Plan No 792 2641, 2022 ABQB 436
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.

November 2024 - 7 min read
Costly Lessons in Condo Disputes: Key Takeaways from Catterall v Park Towers
Catterall v Condominium Plan No. 752 1572 (Park Towers) emphasizes the financial risks of condominium disputes and the importance of efficient conflict management. The Applicants alleged inadequate maintenance, reserve fund mismanageme...
November 2024 - 3 min read
How to Record Effective Condominium Meeting Minutes
Meeting minutes are more than just a formal record of board meetings; they are essential for maintaining transparency, ensuring compliance with condominium laws, and protecting the board against potential legal disputes. To help board members and prope...
November 15, 2024
People, Pets + Parking: Navigating Rental + Airbnb Requirements
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking. This presentation will focus on people: t...
September 13, 2024
People, Pets + Parking: Accessibility + Inclusivity in Condos
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking.Have a legal question? Want to learn what other issues are plaguing...
May 10, 2024
People, Pets + Parking: Sustainable Practices in Condo Management
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking.Have a legal question? Want to learn what other issues are plaguing...
March 15, 2024
People, Pets + Parking: Balancing Reserve Funds + Repair Responsibilities
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguin...
December 8, 2023
Navigating Mental Health Challenges in Multi-Housing Communities
Webinar
Given the increasing mental health challenges facing our communities, it is essential for property managers and condominium boards and to be equipped with the right knowledge and strategies to handle these sensitive situations.Join Field Law's Erin...
November 17, 2023
People, Pets + Parking: A Potpourri Q+A Session for Property Managers
Q+A Session
Join Erin Berney and John Gilbert for a complimentary 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 man...
September 15, 2023
People, Pets + Parking: Board Member Duties + Dealing with Dysfunction
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for condominium managers, board members and unit owners based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what othe...
September 2023
North Edmonton Condo Evacuation Will Last Months
CTV News Edmonton
Renters and owners with units in an evacuated condo in Castledowns will likely be out of their homes for months. During that time, they're still on the hook for mortgages and condo fees. Erin Berney weighs in on condo ...
July 2023 - 6 min read
Extending the Limitation Period: When Does an Action Warrant Proceeding?
Real estate developments can be an exciting business opportunity and new homes are much sought-after by purchasers, but when things go wrong with the build, issues can drag on for years. Maintaining an accurate record of who is responsible for what is ...
June 2023 - 3 min read
The Cost of Keeping Separate Suites
Real estate purchases never seem to get less costly. It’s tempting to cut corners on a deal in an attempt to reduce other costs like realtor commissions and legal fees, but as one local condo owner recently learned, cutting those corners may...
May 2023 - 2 min read
The Hidden Costs of De-Condominiumizing
In a previous blog post, we discussed how a property’s condominium status can be terminated. We expect “de-condominiumizing” or terminating/dissolving condominium corporations to become a more common and attractive option for owners a...
May 12, 2023
People, Pets + Parking: Understanding Condo Bylaws vs. Condo Rules
Q+A Session
Join Erin Berney and John Gilbert for a complimentary 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 man...
March 17, 2023
People, Pets + Parking: Aging Condominiums - Repair or Terminate?
Q+A Session
Join Erin Berney and John Gilbert for a complimentary 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 man...
January 2023 - 4 min read
Addressing Complaints and Mental Health Issues in Condominiums: Strategies for Board Members
According to the Canadian Mental Health Association, 1 in 5 Canadians will experience a mental health issue or illness during their lifetime.  Roughly 2 million Canadians now live in condominiums, so most of these communities will inevitably ...
December 2022 - 5 min read
Aging Condominiums: Repair or Terminate?
Condominium properties have existed in Canada for more than 50 years. In fact, the first condominium property registered anywhere in Canada was in Edmonton, Alberta, in 1967. This is a townhouse-style property known as “Brentwood Village”, ...
December 2, 2022
Legal Obligations of Condo Board Members: Financial Update
Webinar
With the recent dramatic rise in interest rates, it has grown increasingly challenging for condominium corporation boards to understand the implication on their financial obligations.Join Field Law's Erin Berney and Nationa...
November 18, 2022
People, Pets + Parking: A Potpourri Q+A Session for Property Managers
Q+A Session
Join Erin Berney and John Gilbert for a complimentary 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 man...
September 16, 2022
People, Pets + Parking: Your Condo Building Insurance Questions Answered
Q+A Session
Join Erin Berney and John Gilbert for a complimentary 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 man...
June 23, 2022
People, Pets + Parking: How to Avoid + Address Pet Problems
Q+A Session
Join Erin Berney and John Gilbert for a complimentary 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 man...
May 2022 - 6 min read
What Happens if a Condominium Does not Enforce its Bylaws?
Short Answer: The Bylaws may become unenforceable.Condominiums have a duty under the Condominium Property Act, RSA 2000 c C-22 to enforce their Bylaws and ensure compliance by all unit owners and occupants. But they must also ensure that such enfo...
May 2022
Is Your Condo Counting Special Resolutions Properly?
Bill 19: Changes to Voting Procedures
Following publication of our last post, “Cutting More Red Tape: Long-Awaited Clarity on Legal Costs, Voting for Condominiums (you can read it here), I have received numerous inquiries from condo owners and property managers on how Bill 19 an...
May 6, 2022
People, Pets + Parking: Condo Manager Regulation Update
Q+A Session
Join Erin Berney and John Gilbert for a complimentary 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 ...
April 2022 - 4 min read
Cutting More Red Tape: Long-Awaited Clarity on Legal Costs, Voting for Condominiums
UPDATE: On May 5, 2022, Bill 19 is now in Second Reading. (CORRECTION: On May 5 we advised Bill 19 had passed Third Reading, however on that day Bill 19 was adjourned in Second Reading on amendment, and we apologize for any confusion.)On Thursday, Apri...
April 8, 2022
Financial Responsibilities of Condo Corporations
With all the legislation changes in recent years, it has grown increasingly challenging for condominium corporation boards to understand their financial responsibilities. How can board members ensure they have the right resources in place to manage the...
April 2022 - 1 min read
Delayed: Alberta Condominium Dispute Resolution Tribunal
Field Law has just learned that the long-awaited creation of an Alberta Condominium Dispute Resolution Tribunal will not proceed this year as anticipated following the enactment of amendments to the Condominium Property Act and Regulations in January 2...
March 31, 2022
Legal Costs for Condominium Corporations
Canadian Condominium Institute
Join Erin Berney and Niall Burke from Hendrix Law on March 31st for a CCI Fireside Chat on Legal Costs for Condominium Corporations. They discuss the legalities surrounding legal costs not being considered “contributions” for common ex...
March 2022 - 4 min read
Ding Dong! Your Doorbell Camera Must Come Down
The Court of Queen’s Bench of Alberta recently added to the growing case law on the issue of video surveillance in a decision called Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65. Following a break-in of her main floor unit through th...
January 12, 2022
Condominium Rentals: A Primer for Unit Owners, Condo Boards and Real Estate Practitioners
Canadian Bar Association
December 2021
AGMs The Importance of Proper Notice
Canadian Condominium Institute - Northern Alberta
Has your condominium corporation convened an Annual General Meeting (AGM) since the COVID-19 pandemic began in March 2020? If you’re not a member of your Board of Directors and you answered ‘no’ to that question, you may want to find ...
November 19, 2021
People, Pets + Parking: How to Avoid + Address Parking Issues
Q+A Session
Join Erin Berney and John Gilbert for a complimentary 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 pr...
November 2021 - 2 minute read
Exemptions Announced for Condo Manager Licensing
For the past few years, Alberta has been moving toward requiring condominium managers to obtain education and maintain provincial licenses. The Government of Alberta, through the Ministry of Service Alberta, selected the Real Estate Council of Alberta ...
November 2021
Annual General Meetings: The Importance of Proper Notice
CCI North Alberta Chapter Magazine
Has your condominium corporation convened an Annual General Meeting (AGM) since the COVID-19 pandemic began in March 2020? Erin Berney addresses this and more in the Fall 2021 edition of the Canadian Condominium Institute North Alberta Chapter Mag...
October 15, 2021
People, Pets + Parking: A Property Manager's Guide to HOAs
Q+A Session
Join Erin Berney and John Gilbert for a special edition of People, Pets + Parking! As it becomes more and more common for condominium Property Managers to also manage Homeowners' Associations (HOAs), it's important to be aware of the simil...
September 17, 2021
People, Pets + Parking: Condo Manager Regulation
Q+A Session
Join Erin Berney and Niall Burke for a complimentary 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 mana...
September 2021 - 5 min read
COVID-19 + Alberta Corporations: Shareholder Disputes, Oppression and Remedies
The world has changed. The COVID-19 virus is impacting everything and everyone, and certainly, only the most fortunate of businesses have not been adversely impacted. As waves of the virus have strained our healthcare system, it has also caused signifi...
July 2021
Legal Costs for Condominium Corporations: A Refresher
The law relating to legal expenses in litigation involving Alberta condominium corporations is evolving, but remains far from settled. In several recent decisions of the Alberta Court of Queen’s Bench (Toronto-Dominion Bank v Bachand, 2021 ABQB 2...
July 9, 2021
People, Pets + Parking: Pandemic Problems - Part 2
Q+A Session
Join Erin Berney and Niall Burke for the second installment of our complimentary 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 issue...
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...
April 2021 - 3 min read
Saskatchewan Condominium Invests in Bitcoin
I’ve recently learned that a condominium corporation in Saskatchewan has invested some of the corporation’s funds in the cryptocurrency known as Bitcoin. The corporation purchased 0.4 bitcoin at a price of $25,000, and according to media on...
March 2021 - 2 min read
Condo Update: Electronic Meetings Now Authorized
Bill 53, Service Alberta Statutes (Virtual Meetings) Amendment Act, 2021, is now in force. Section 5, relating to the Red Tape Reduction Implementation Act, 2020 came into force today by Royal Assent on March 26, 2021. The remainder of the Act (in...
March 2021 - 7 min read
Coming Soon? Virtual Meetings for Condominiums
I was recently pleased to learn about the tabling of Bill 53 – Service Alberta Statutes (Virtual Meeting) Amendment Act. The Bill is scheduled for a continuation of Second Reading and debate during today’s legislative session. If passed, th...
February 2021 - 7 min read
Understanding Board Member Duties: When Condo Boards Fail
Boards of directors for condominium corporations are typically comprised of volunteers. Depending on the eligibility requirements in the corporation’s bylaws, these are more often than not members of the corporation, that is, unit owners. For res...
November 2020
The Importance of Notice
Has your condominium corporation convened an Annual General Meeting (AGM) in 2020? If you’re not a member of your Board of Directors and you answered ‘no’ to that question, you may want to find out for sure after reading this. &n...
November 2020
Amending Bylaws by Ordinary Resolution: When is a Conflict a Conflict?
I have been contacted by several condominium corporations regarding amending their bylaws to bring them into compliance with recent changes to Alberta’s condominium legislation. Along with the changes introduced in 2019 and 2020, the Legislature ...
November 7, 2020
CCI-N Fall Leaders’ Forum
Seminars
Q+A Session - Is Your Condo Safe + Secure?
October 2020 - 2 min read
Asserting Privilege in the Condominium Context
The issue of asserting solicitor-client privilege in the condominium context is an interesting one, especially as between the condominium corporation and the individual unit owners. There are no simple answers or bright line rules when it comes to requ...
September 16, 2020
Privacy for Condo Corporations: Understanding + Complying with PIPA
Webinar
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?
Presentations
CCI Webinar
June 2020
Condo Corporations Now Permitted to Access Reserve Funds in “Emergencies”
In a significant move for Alberta condominiums, on June 1, 2020 the Lieutenant-Governor of Alberta, the Honourable Lois Mitchell, approved an Order in Council to amend the Condominium Property Regulation, AR 168/2000. Among other slight changes to docu...
April 2020 - 2 min read
No Contractors Allowed: Court Calls Condo Matter “Urgent”
The Ontario Superior Court has just ruled that unit owners allowing third party contractors access to a condominium property to perform non-urgent work in their unit constitutes a matter of urgency. Last week, in York Condominium Corporation No. 4...
March 2020
Convening a Condominium AGM Amid Concerns over COVID-19?
Spring is typically Annual General Meeting (AGM) season for condominium corporations and with the COVID-19 virus having been declared a pandemic last week, condo boards should consider whether or not to proceed with scheduled AGMs. For m...
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
An update on the City of Edmonton’s attempts to better regulate Airbnb-style short-term rentals.This week, the Urban Planning Committee (UPC) met to revisit the issue of short-term rentals, and consider recommendations from City Administration on...
December 2019
Cutting the Red Tape: New Condo Regulations coming to Alberta January 1, 2020
On November 26, 2019, the Alberta Government released the long-awaited, newly-revised amendments to the Condominium Property Regulation, and proclaimed that certain sections of the Condominium Property Amendment Act, SA 2014, c. C-10 will also com...
December 20, 2019
Recent Court Ruling Limits Airbnbs in Condos
Presentations
Calgary's Business
August 2019
City Moves to License AirBnBs and Other Short-Term Rentals
The Urban Planning Committee voted on Tuesday, August 20, 2019, to recommend the adoption of a new Business Licence Bylaw, in an effort to begin regulating short-term rental accommodations in the City of Edmonton. Often described simply as “short...
July 2019
Cutting the Red Tape? New Condo Regulations are on Hold for Further Review
On July 1, 2019, the Government of Alberta announced that the revised Regulations and amendments to the Condominium Property Act that were scheduled to come into force that day have been placed on hold until January 1, 2020. In a recent state...

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.

Education
University of Alberta, 2012, Juris Doctor
University of Alberta, 2006, Bachelor of Arts
Admissions
Alberta,2013