The Alberta Court recently considered whether having a live-in caregiver constituted a violation of a condominium’s By-laws that prohibited roomers and boarders and any use of a residential unit other than as a single-family dwelling.
The unit owners, Mr. and Mrs. Davis, were an elderly couple in their 80s, who hired a live-in caregiver. Mr. Davis was blind and Mrs. Davis was suffering from dementia. They had resided at the condominium since 2000.
After becoming aware that the owners had a caregiver residing with them, the condominium advised them that should a complaint be received, it would have to enforce the By-laws. At an AGM held a few months later, a motion to change the By-laws to allow live-in caregivers was rejected by 90% of the voting unit holders. (It looks like these owners probably don’t expect that they will ever find themselves in this position!) The condominium subsequently served notice on the owners that they were required to conform to the By-laws and that they would be subject to a monetary sanction in the amount of $50 per day for so long as the caregiver continued to live with them. This was followed by a subsequent notice directing the caregiver to vacate the unit, which she ultimately did.