Scott Decision

Mystic Springs is a condominium complex located in Canmore, Alberta. 

 

Mystic Springs Condominium Corporation No. 0312235 sued the Scotts on January 14, 2014 to try and prevent the Scotts' from renting their unit independently from the rental pool. This is dispite: 1) the Alberta Condominium Act stating you cannot restrict owners right to rent, 2) Mystic Springs Bylaws which state participation in a rental pool is voluntary, 3) Mystic Springs lawyer advising the Condominium Corporation it cannot restrict owner rentals, 4) a second legal opinion advising the corporation cannot restrict owner rentals. 

 

1. Alberta's Condominium Act, section 32(5) clearly states: "No bylaw operates to prohibit or restrict the devolution of units or any transfer, lease, mortgage or other dealing with them or to destroy or modify any easement implied or created by this Act."

2. Mystic Springs Bylaw 5.20: "If a number of Owners decide to pool any rental income, they may do so with the approval of the Manager. However, under no circumstances will this action obligate or compel any other Owner to join or participate in this pool."

3. Mystic Springs lawyer advised the Condominium Corporation they cannot restrict owner rentals

4. 2nd legal opinion: The Scotts' hired an independent lawyer, Roberto Noce, who specializes in Alberta condominium law for a second legal opinion as the Condominium Corporation refused to do so.  The opinion confirmed an owners right to rent his/her unit. The Corporation ignored this opinion.

 

Regardless, the Condominium Corporation board members unanimously voted to sue the Scotts' anyways. The Scotts' stood up to these men and the corporation was cited for improper conduct by Court of Queen's Bench on March 23, 2015.  

​

Judges Decision: www.scottdecision.com

Scott's rental web site: www.outnaboutchalets.com

Scotts' lawyer: Roberto Noce

​