Condominium Corporation No. 0312235 v. Scott (Alberta Court of Queen's Bench)

The condominium corporation’s by-laws included a provision requiring owners to participate in a rental pool.  The Court said that this provision was contrary to section 32 (5) of the Condominium Property Act, and was therefore ultra vires and invalid.  [Section 32 (5) says that by-laws must not prohibit or restrict the devolution (including the leasing) of the units.]