BC Strata Property FAQs

BC Strata FAQ
Homepage

May a strata corporation require an owner to reside in a strata lot for one year (or another period of time) before being allowed to rent the owner�s strata lot?

No. A strata corporation may, by bylaw, prohibit rentals, limit the number of strata lots that may be rented or limit the period of time that strata lots may be rented. A strata corporation may not require an owner to first reside in the owner�s strata lot in order to qualify to rent the strata lot.

Please Note: Clark Wilson�s Strata Property Group represents a large number of strata corporations and strata managers. Therefore, we are unable to respond to strata-related inquiries from individual owners. If you are a current strata council member or strata manager and would like additional information on this topic, please contact our Strata Property Group.

Related Topics:

My strata corporation has a bylaw that prohibits open houses - is the bylaw enforceable?A strata corporation has a bylaw that prohibits the posting of signs in a strata lot or on common property. An owner wants to put an election sign in the window of his strata lot. Does that contravene the bylaw?An owner has some persons living with her that are under the age of 45. The strata corporation has a bylaw stating that all persons who occupy a strata lot must be over the age of 45. How do we enforce the bylaw? Where do we obtain a copy of our Rental Disclosure Statement?Our strata corporation has a painting that was provided by the developer as per the disclosure statement. We have had the painting appraised and found out it is worth $60,000. The strata council wants to sell it and use the money for future expenses of the strata corporation. Is this allowed?The council wants to levy a fine for contravention of a bylaw. What are the procedures to follow?

Can a strata corporation amend the bylaws before the second annual general meeting?Our strata corporation has a bylaw that prohibits dogs that was passed under the Condominium Act and filed in the Land Title Office. The strata corporation never filed any new bylaws when the the Strata Property Act came in. According to the Strata Property Act, the Schedule of Standard Bylaws applies to our strata corporation, but it has a different pet bylaw. Which bylaw applies?Our strata corporation has a bylaw that prohibits rentals. One owner wants to rent to her sister. Since she is a family member, would that exempt the strata lot from the bylaw?Our strata council has received a complaint about a council member contravening a bylaw, what do we do?Our strata corporation recently filed a bylaw in the Land Title Office and the bylaw may be contrary to the Strata Property Act or any other legislation. Is it possible to file bylaws in the Land Title Office that are contrary to the Act?Is a bylaw enforceable if the bylaw permits hard surface flooring, but only in strata lots on the first floor of the building?May a strata corporation prevent an owner from standing for council if the strata lot is in arrears of strata fees?

Can a strata corporation charge interest on late strata fees?Must a strata corporation file its rules in the land title office?May the spouse of an owner who is not on title to a strata lot stand for council?

Do amendments to the bylaws have to be filed in the Land Title Office?

Is a strata corporation subject to the Human Rights Code?May council members be paid to perform their duties?May a strata corporation prevent an owner from voting if the strata lot is in arrears of strata fees?A strata corporation passed a bylaw two years ago prohibiting pets. An owner wishes to sell the owner's strata lot, but the prospective buyer has a pet. Is a "no pet" bylaw enforceable?If a rule and a bylaw conflict with each other, which one takes precedence - the bylaw or the rule?Our strata corporation recently obtained all of our registered bylaws from the Land Title Office. It surprised us to find that Part 5 of the Condominium Act was registered as our bylaws in addition to a few other bylaws filed over the years. We thought that our bylaws were the Schedule of Standard Bylaws to the Strata Property Act. What does this mean?Our strata corporation has 5 owners who have foreign students living with them in their strata lot. The strata corporation has a bylaw limiting the number of rentals to 2. Are these students tenants?My strata corporation has both residential and non-residential strata lots. The residential strata lots have enough votes to pass amendments to the bylaws without considering the non-residential strata lots. Can the residential strata lots pass bylaws over the objections of the non�residential strata lots?What is the difference between rules and regulations? Are they not the same thing?Our strata corporation has never adopted any bylaws. Are we required to have bylaws?May a strata corporation have a rule that prohibits live Christmas trees?

Disclaimer:

This FAQ section is for informational purposes only, for the convenience of our visitors. While these questions and answers are about legal issues, they are not a substitute for consultation with a lawyer, and should not be relied on as a basis for any legal decision. As with anything of a legal nature, different circumstances can create different results.

Contact & Directions

Online Contact Form
Map & Directions
Phone: 604.687.5700
Fax: 604.687.6314

Mailing Address

Clark Wilson LLP
BC's Law Firm for Business
HSBC Building
800 - 885 West Georgia Street
Vancouver, BC V6C 3H1
Canada