Can Condo Bylaws Ban Pets or Rentals in Alberta?

Many Alberta condo owners find out about the rules only after a letter arrives about a dog, a cat or a tenant. Whether the corporation can really enforce what it says depends on what the bylaws allow and what the law permits.

This article explains the limits on rental and pet rules, how sanctions work, and the options if you think a rule goes too far. It is general information, and a lawyer can review your bylaws and facts.

This article covers the law of Alberta.

What bylaws can and cannot do

Bylaws regulate the corporation and provide for control, management and administration of the units and property, and owners and anyone in possession of a unit are bound by them. A bylaw can be amended, repealed or replaced by a special resolution.

There is a limit. If a bylaw conflicts with the Act or the Regulation, the Act or Regulation prevails to the extent of the conflict.

Rentals: restricted, but not banned

A bylaw cannot prohibit or restrict the transfer, lease, mortgage or other dealing with a unit, which means a bylaw cannot ban renting. The corporation can still set conditions the law allows. Check your wording with a lawyer if your bylaw seems to limit rentals.

• You must give the corporation written notice of your intention to rent before renting.
• You must tell the corporation the tenant's name within 20 days of the tenancy starting, and give notice within 20 days of the unit ceasing to be rented.
• The corporation may require a rental deposit, capped at $1000 or one month's rent, whichever is greater.
• Deposits above the cap collected before January 1, 2020 may be kept until you give written notice that the unit is no longer rented.

Every tenancy is subject to a condition, despite the lease, that the tenant not damage corporation property or contravene the bylaws. Tenants can therefore be bound by pet and other bylaws.

Pets: it depends on your bylaws

Pet rules are set by each corporation's bylaws. Under the model bylaws, an owner may not keep an animal in or on the unit or common property after a date specified in a notice from the board. A corporation whose own bylaws replace the model bylaws is governed by its own pet bylaw.

The model bylaws apply only until they are repealed or replaced by special resolution and registered at the land titles office. Get the current registered bylaws before you assume what applies. Other laws, such as human rights rules for service animals, may also matter in your situation, so ask a lawyer if that applies to you.

Sanctions and enforcement

A corporation may set monetary or other sanctions for breaches by bylaw, and they must be reasonable in the circumstances. Monetary sanctions are capped at $500 for the first contravention and $1,000 for later ones, unless the bylaws set lower amounts.

No monetary sanction may be imposed for failing to comply with a rule, as opposed to a bylaw. To enforce a sanction in court, the corporation must show the bylaw was properly enacted and that the defendant contravened it.

If the rules seem unreasonable

Start by raising it with the board in writing. If owners want a different rule, a bylaw can be changed by special resolution. The vote needs notice of not fewer than 14 days with the proposed changes highlighted or underlined, and a change takes effect when filed with the Registrar.

For disputes, the Condominium Dispute Resolution Tribunal hears disputes about any matter related to condominiums under the Act, regulations or bylaws. A party may apply to the Tribunal, but no Tribunal application can be filed if a Court action has commenced on the same dispute. The Court can also remedy improper conduct, including oppressive or unfairly prejudicial conduct of the corporation's affairs. Tribunal decisions are binding and enforceable like a Court order once filed, and an appeal must be made no later than 30 days after receiving the decision. Confirm which disputes the Tribunal can hear with a lawyer.

• Get the current registered bylaws and any board notices.
• Keep copies of all letters and fines.
• Comply with notice requirements if you rent.
• Write to the board explaining your concern.
• Get legal advice before applying to the Tribunal or Court.

Frequently asked questions