Erin Berney
Erin Berney
(She/Her)
Partner
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Client Stories
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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.

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?
June 2023 - 3 min read
The Cost of Keeping Separate Suites
May 2023 - 2 min read
The Hidden Costs of De-Condominiumizing
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
January 2023
Meet Our Newest Partner
Field Law welcomes Erin Berney to its partnership.Field Law is pleased to welcome Erin Berney as a firm partner, starting January 1, 2023.“Erin has done a remarkable job establishing her vibrant law practice and we are happy she has accepted our ...
December 2022 - 5 min read
Aging Condominiums: Repair or Terminate?
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?
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
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
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
Ding Dong! Your Doorbell Camera Must Come Down
Real Estate Magazine
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
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
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 ...
Winter 2020-21
Privacy Legislation and Condominium Video Surveillance
CCI Magazine
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
Real Estate Blog
March 2021 - 2 min read
Condo Update: Electronic Meetings Now Authorized
Real Estate Blog
March 2021 - 7 min read
Coming Soon? Virtual Meetings for Condominiums
Real Estate Blog
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
Seminars
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
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 10, 2020
Condominium Quicksand
Presentations
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 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
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
Presentations
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.

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