13/03/2024– Jurisdiction Alberta
Part 89 published on 01/03/2025
Short term rentals contravened condominium’s by-laws
The Appellant appealed the decision of the chambers judge prohibiting his Airbnb short-term rentals. The chambers judge had held that short-term rentals were commercial licenses which were not permitted by the by-laws of the condominium corporation. Alberta’s Court of Appeal upheld the prohibition. The Court of Appeal said:
The chambers judge was required to determine the nature of the arrangement between the appellant and Ms. El Sherbini, based on the wording of the document and the surrounding factual matrix. The short initial term and the single renewal for a further month were both relevant considerations. On this record, it was open to the chambers judge to conclude that the “Lease” was actually a licence, and the document was a colourable attempt to finesse the terms of the bylaw and the injunction. The appellant has been unable to show any reviewable error in this conclusion.