Application to Prevent Condo Unit Owners Offering Short-Term Accommodations

Background

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.

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