Legal IssuesApr 10, 2014
Don Lapowich 2007In a decision in Alberta, a husband and wife, the owners of a condominium unit, required a live-in caregiver. One was blind and the other suffered from dementia.
After the caregiver was hired, the condominium corporation brought an application for a declaration that the owners were in violation of a bylaw. It states that that units are “occupied or intended to be occupied as a residence by one family alone…and in which no roomers or boarders are allowed.”
Fortunately, the court took a reasonable and practical result in this case. The fact that a live-in caregiver was required to provide assistance did not mean that the unit was used other than as a single-family dwelling or for residential use. It would be unreasonable to include as “roomers” a live-in caregiver required for necessary care. One has to question who made the decision on behalf of the condominium to bring such a type of application.
(Condominium Plan No. 9910225 v Davis, 2013 ABQB 49)
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