Can a member of a resort club lease a 30-45-60-year lease to a residential unit at a resort resort club where the lease terms are 3 years?
Alberta, Canada
The following excerpt is from Albrecht v. Condominium Corporation No. 0411156, 2011 ABQB 53 (CanLII):
Further, by virtue of signing a lease for three years which gives the member/leasee the right to occupy a unit for terms of 30, 45 or 60 days per year these units fall outside the definition of a “tourist home” since that definition under the by-law contemplates homes being occupied for less than 28 days. While it is true that a member of the resort club might use a unit for less than 28 days (or indeed not at all), the fact remains that he is entitled as of right pursuant to his lease to use the unit for the period of his lease (which in all cases is more than 28 days) and thus can be said to “occupy” the unit for the term of his lease: see Toronto Transit Commission v. City of Toronto.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the term "by the lessee" in a Leased Offshore Leased Agreement apply to drilling operations on the lease? (Alberta, Canada)
Does a term in the lease stating that a breach by the tenant is determined upon any breach of the lease constitute a proviso for re-entry? (Alberta, Canada)
Does the term “by the lessee” in an oil and gas lease extend the lease? (Alberta, Canada)
In which a new lease has been substituted for a existing lease, can the landlord continue to distrain under the original lease? (Alberta, Canada)
Can a lease holder be ejected from a commercial lease because the lease is not secured by the lessor, but by the assignee of a mortgage? (Alberta, Canada)
Is there any difference between a landlord and a purchaser of a lease where the lease is registered as an actual notice rather than a bill of sale? (Alberta, Canada)
In what circumstances will arbitrator determine the wage rates for year three of a three year collective agreement? (Alberta, Canada)
Can a plaintiff resort to resort to the less stringent material contribution test? (Alberta, Canada)
What is the difference between the terms “ought to” in the continuation provisos in the Durish Lease? (Alberta, Canada)
Does the term 'public interest' in s.1(1) of the Charter apply to a party's use of the term "public interest"? (Alberta, Canada)
