Condo Property Act deals with dirty, disruptive tenants
Q Our condo board is having some issues with an owner not keeping up hygiene and repair within his unit. Does the board have any legal right to take units over? He has not been able to rent it in a year and blames the economy. I have been inside the unit, and have seen mouse droppings and cockroaches. The wallpaper is also torn off in places, there are window screens missing, unknown stains, etc. Some other owners are renting their units to people that are not the type of people we want in our building. This includes people who don’t abide by our ‘quiet time’ request, people who disrespect other residents, people who have loud domestic disputes, etc. Do we have a legal right to request that the board approve all new tenants?
A First, you may very well have every right to take steps to clean the unit in question if, in fact, it is having an impact on other units. This will require a court order to allow you to take the necessary steps to gain entrance into the unit and take whatever steps necessary to clean the unit. With respect to some renters who are not good renters, again, there are sufficient provisions under the Condominium Property Act to deal with destructive renters, and I would strongly encourage you to contact the condominium corporation’s lawyer to discuss your options. Finally, you do not have any right to approve the quality of the tenants. That right belongs to the owner, and the owner is required to provide certain information to the condominium corporation about his/her tenants, including providing a security deposit. Again, talk to your lawyer about options.
Helpful hint: The law in Alberta is clear in that an owner can rent his or her unit. You cannot pass a bylaw that prevents the renting of a unit. Q Our condo board has wanted to update the bylaws for several years now, as they are outdated, containing wording that is no longer commonplace, and need to be updated to reflect today’s technology in communication.
We decided to wait to update our bylaws until the Condominium Property Act was updated. We know that regulations are being addressed, but it was our understanding that the bylaws need to agree with the Act. Are we right? Should we stay the course and wait, or can we proceed?
A You are correct; the bylaws have to be consistent with the Act, and if there is any inconsistency between the Act and your bylaws, the Act prevails. There is nothing preventing you from amending your bylaws today. In fact, given the delay that the government has taken in proclaiming the amendments to the Condominium Property Act, I would encourage you to do it today.
Helpful hint: Even though a lot will be done by regulations, the Condominium Property Act amendments have been approved by the legislature (even though they are not the law yet) and they do provide sufficient guidelines as to what your bylaws should look like. Q My condo board wants to vote to change the minimum age restriction for residents from 18 to 45. I am in my early 30s, and this is an issue for me now and in the future for rental purposes. If this vote succeeds, will it be legally binding if I choose to rent my condo in the future? I have received mixed information about the Alberta Tenancy Act and not being able to discriminate over age. How does this impact an age restriction in the condominium bylaws?
A Today, age restrictions are legal in Alberta and have been upheld by our courts. The change would be binding on you. Helpful hint: Based on a very recent Alberta court decision, age will soon be included as a prohibited ground of discrimination under the Alberta Human Rights Act. The impact to condominiums will really depend on what exemptions the province carves out. Q How do I check whether there has been a special assessment levied on a condominium in the past, and how do I verify what the special assessment (if there was one) was for? A I would review the minutes, the budget, and previous budgets to determine whether or not there has been any special assessment levied on the owners in the past. You may also want to ask the property manager and/or a member of the board. That information is not secret and should be readily available. If anyone refuses to provide you with that information, that should be a red flag for you. Helpful hint: Certain information should be made readily available to an owner when asked. Whether a special assessment was issued years ago should be available to anyone to assess the financial position of the condominium corporation.