Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
CAFCOR Forum
_GEN_GOTOBOTTOM Post Reply
TOPIC:
#19050
AirBnB bylaw ban overruns ALBERTA property rights shield; TEN LOFTS Edmonton 2020/03/03 17:55  
( Again not legal advice. Issuing an injunction to halt bylaw-banned AirBnB at an Edmonton condo corporation , an Alberta judge extensively cites an Ontario landmark decision. But he also adds some interesting twists centred on the status of AirBnB guests themselves. . . )

Despite a statutory property rights shield that expressly straitjackets condo corporations bylaw powers , an Alberta judge converts interim to permanent injunction against AirBnB type licensing here prohibited merely by the Alberta condo by-law.

No references to anything within the Declaration.

The rights shield literally within Alberta’s Condo Act at its "Bylaws" section is Section 32(5) of its CPA Condominium Property Act RSA 2000 ch C-22 http://canlii.ca/t/544lk as follows :

" . . . 32 (5) No bylaw operates to prohibit or restrict the devolution of units or any transfer, lease, mortgage or other dealing with them or to destroy or modify any easement implied or created by this Act. . . "

Judge cites Ottawa’s landmark Menzies decision ( "NO Grand-fathering if Declaration USE restriction illegalized it upfront" http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&catid=9&id=18644#18644 )as to hotel-like or innkeeping type nature. AND he rules :

1 - the activity is NOT sequential “one family” usage but actually commercial like an hotel or innkeeping ; and

2 - AirBnB type "guests" have mere “licensee” status as customers including as derived literally from the AirBnB authorization to the "guests".

Critical seems to be rulings that AirBnB "guests" are technically mere licensee customers lacking a LEASE-derived status nor triggering anyone's protectible interest in real property. Under that approach, the statutory property rights shield is arguably not triggered to override a bylaw banning such, he rules.

He then issues a permanent injunction to enforce the bylaw ban against anyone's AirBnB activity onsite including by the four defendant owners ( out of plaintiff 68 unit Edmonton condo corporation ).

C.C. # 042 5177 v Kuzio, 2020 ABQB 152 http://canlii.ca/t/j5jjh

C.C. # 042 5177 v Kuzio, 2019 ABQB 814 http://canlii.ca/t/j2xbt

Feb 28/20 The Province/CP/Postmedia 'Equivalent of a hotel stay:' Judge backs condo board in banning online rentals https://theprovince.com/pmn/news-pmn/canada-news-pmn/equivalent-of-a-hotel-stay-judge-backs-condo- board-in-banning-online-rentals/wcm/d83d4d58-8485-4bff-828c-46ec4c289232
  The administrator has disabled public write access.
_GEN_GOTOTOP Post Reply
contact webmaster