Author: Katy Campbell, ED, CCI North Alberta
In 2018, the provincial government passed Bill 23, the Alberta Human Rights Amendment Act, fundamentally changing how age restrictions can be applied in housing. The legislation prohibited age-based occupancy restrictions, with one key exception: buildings designated for residents aged 55 and over.
Historically, condominiums had been left to set their own rules regarding age restrictions. Bylaws varied greatly in this respect, with ages 18+ and even 40+ not being uncommon.
Bylaws not being something that can be changed overnight, CCI North Alberta recognized that this legislation would have major impacts and implications for the condo world. CCI North Alberta along with our membership worked to get the government’s attention to find a solution for condos.
Eventually recognizing the significant impact this new requirement would have, the province introduced a 15-year transition period for condominiums specifically.
Corporations with age-restricted bylaws that do not meet the 55+ threshold were given until January 1, 2033 to either amend their bylaws to comply with the 55+ exemption or to remove age restrictions altogether.
2026 marks 8 years since the legislation was passed and just over halfway through the transition period given to condos. I spoke with several condominium professionals about what they are seeing on the ground as condominiums manage this change.
Where Should Boards Start?
For boards that have not yet taken action, both legal and management professionals emphasize the importance of getting started early. First steps would include communication with owners about the decision that needs to be made, covering the potential options and implications of those options.
“Seek legal advice,” says Condominium Manager Dawn Ker. “From there, update your bylaws and make sure owners and residents understand both the proposed changes and the risks of not making those changes.”
Clear communication, she adds, is essential—not only to meet legal requirements, but to build understanding and support within the community.
Earlier in the transition period, age restrictions were sometimes a source of division among owners. Today, that tension appears to be easing—but engagement remains important. “We’re seeing fewer sharp divisions now, largely because boards and owners are having more open discussions,” says Ker.
Where differences of opinion do arise, structured communication can make a significant difference.
“If there is still pushback, I recommend making it a formal agenda item at an AGM or hosting a town hall,” she says. “Bringing in legal professionals to answer questions can help ensure clarity and keep discussions productive.”
Building understanding and support in the community for the proposed bylaw change is critical to ensuring that there is enough backing to meet the special resolution threshold and have a successful vote.
Key Considerations for Boards
For boards and owners, this decision is often far from simple. Condominium Lawyer Erin Berney highlights several factors that commonly shape these discussions:
“Key considerations include the demographics of existing residents, potential impacts on marketability and resale, the likelihood of achieving a special resolution, and the administrative burden of maintaining a 55+ exemption.”
Condominium Manager Sandi Danielson adds that, in many cases, other concerns such as resale value are taking a back seat to preserving the character of the community. “Residents are more concerned about preserving community identity, which moving to 55+ would address.”
Impacts on Current Residents
A common concern among residents is what happens if their building transitions to 55+ and they do not meet the age requirement. Says Ker “One of the biggest challenges we see with 55+ is real-life situations—like couples with an age gap. That can create difficult scenarios that boards need to think through carefully.”
In most cases, bylaws address this through grandfathering provisions. “These allow existing occupants who are under 55 at the time of the change to remain,” says Berney, “but typically limit their ability to transfer or lease the unit to someone who does not meet the age requirement.”
While grandfathering provisions can provide short-term stability, they can introduce longer-term considerations for resale and planning.
Understanding 55+ Exemptions
Even within existing 55+ communities, some flexibility is typically built into the bylaws. “With respect to exemptions, bylaws commonly address spousal or dependent occupancy (for example, allowing a younger spouse to reside with a 55+ owner), home care workers, and short-term absences. Some also include limited hardship or board-discretion provisions, although these must be carefully drafted to avoid uncertainty or inconsistent enforcement.” Berney explains.
From a management standpoint, these exceptions must also be workable in practice, balancing flexibility with consistency to avoid confusion and ensure fair enforcement.
Where Are Condos Landing?
There is no one-size-fits-all approach, but clear trends are emerging. A major factor seems to be the type of age restriction in place.
When speaking with industry professionals about the trends that they are seeing, buildings that already had an older demographic (40+ buildings or similar) tend to be moving towards 55+, while buildings that were previously 18+ are a bit more evenly split between moving to 55+ or removing age restrictions altogether.
According to Berney, “Most corporations with non-compliant age restrictions appear to be moving toward adopting 55+ bylaws. Smaller or aging communities often favour 55+, while mixed or family-oriented buildings tend to transition to unrestricted occupancy.”
This trend is also reflected in feedback from managers on the ground. Condominium Manager Sandi Danielson notes that in many of the communities she manages, the path forward is quite clear. “They are seeing moving to 55+ as the only option that makes sense, as they are all older adults with no children in the building.”
What If No Decision Is Made?
For corporations that delay action, the outcome is clear. “If a corporation does not pass compliant bylaws within the transition period, its existing age restrictions will cease to be enforceable on January 1, 2033,” Berney explains. “At that point, the corporation effectively becomes age-unrestricted unless and until new bylaws are passed.”
In effect, inaction leads to an open-age community by default.
Looking Ahead
As the 2033 deadline approaches, condominium corporations that have not yet addressed their non-compliant age restriction bylaws may want to begin the conversation sooner rather than later.
The process—consulting owners, obtaining legal advice, and passing new bylaws—can take time and careful navigation.
Waiting until the end of the transition period may create unnecessary uncertainty for community members and potential buyers looking to join a community with a current age restriction in place that will become unenforceable in just a few years. Smart boards are tackling this change early.
Ultimately, this transition is about more than compliance. It is about defining the future of a community: who it serves, how it operates, and how it positions itself in a changing housing landscape.
For boards, success will depend on balancing legal requirements, practical realities, and the needs of their residents—while fostering open, informed dialogue every step of the way.