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Real Estate Law
Can Your BC Strata Stop You From Renting Your Condo?
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Can Your BC Strata Stop You From Renting Your Condo?
Many condo owners in British Columbia still believe their strata can stop them from renting out their unit. Since November 24, 2022, that is generally no longer true. A strata corporation is made up of all the owners in a building, and its rules are called bylaws. Many stratas used to have bylaws that banned or limited rentals, but the province changed the Strata Property Act.
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What changed on November 24, 2022?
Under section 141 of the Strata Property Act, a strata corporation must not screen tenants, set screening criteria, require approval of tenants, require extra terms in tenancy agreements, or otherwise restrict the rental of a strata lot.
The old sections that allowed rental restriction bylaws were repealed. As the BC Financial Services Authority announced, the change came into force when the amending bill received Royal Assent on November 24, 2022.
Exception 1: short-term rentals
Under section 119, subsection 2, bylaws may provide for the control, management, use and enjoyment of strata lots. The province has said that bylaws restricting short-term rentals, such as vacation stays booked online, will continue to be allowed.
A strata cannot use a use bylaw to block a real, ordinary tenancy. Before you list your unit for short stays, read your strata’s bylaws and your local rules.
Exception 2: age bylaws (55 and over)
Under section 123.1, a bylaw must not restrict the age of people who may live in a strata lot, except a bylaw that requires one or more residents of a strata lot to be at least 55 years old. Age limits below 55 are not allowed.
Section 123.2 protects some people from an age bylaw, such as residents already living in the unit when the bylaw was passed and live-in caregivers for a resident who needs ongoing help.
Your duties as a landlord: bylaws, rules and Form K
Renting out your unit still comes with duties. Under section 146, before you rent all or part of a residential strata lot, you must give the prospective tenant:
- the current bylaws and rules, and
- a Notice of Tenant’s Responsibilities in the prescribed form, called Form K.
Within two weeks of renting, you must give the strata corporation a copy of Form K signed by the tenant.
What if a landlord does not give Form K?
Under section 146, subsections 3 and 4, the tenant is still bound by the bylaws and rules. But the tenant may end the tenancy without penalty within 90 days of learning about the landlord’s failure, and the landlord must pay the tenant’s reasonable moving expenses up to a maximum of one month’s rent.
Can the strata fine a tenant?
Yes. Your tenant must follow the bylaws too. Under section 130, subsection 2, the strata may fine a tenant who breaks a bylaw or rule. Under section 131, subsection 1, the strata may collect that fine from the tenant, the tenant’s landlord or the owner, but not more than the amount of the fine in total.
Can the strata end a tenancy?
In serious cases, yes. Under section 138, subsection 1, a repeated or continuing breach of a reasonable and significant bylaw or rule by a tenant that seriously interferes with others may allow the strata to give the tenant a notice ending the tenancy under the Residential Tenancy Act.
Sources
Sources for this article: Strata Property Act, S.B.C. 1998, c. 43, sections 119, 123.1, 123.2, 130, 131, 138, 141 and 146; and the BC Financial Services Authority news release on the end of rental and age restrictions.
Frequently asked questions
Can my strata stop me from renting out my condo in BC?
Generally no. Since November 24, 2022, section 141 of the Strata Property Act says a strata must not restrict the rental of a strata lot.
Can my strata still ban short-term rentals?
The province has said bylaws restricting short-term rentals, such as vacation stays booked online, will continue to be allowed. Check your bylaws and local rules.
Can a strata require tenants to be approved?
No. Under section 141, a strata must not screen tenants, set screening criteria or require approval of tenants.
Are age restrictions still allowed?
Only a bylaw requiring one or more residents of a strata lot to be at least 55 years old. Age limits below 55 are not allowed.
Who is protected from an age bylaw?
Under section 123.2, people such as residents already living there when the bylaw passed and live-in caregivers are protected.
What is Form K?
Form K is the Notice of Tenant’s Responsibilities. A landlord must give it to the prospective tenant with the current bylaws and rules before renting.
When must the strata receive Form K?
Within two weeks of renting, the landlord must give the strata corporation a copy of Form K signed by the tenant.
What happens if I do not give my tenant Form K?
The tenant is still bound by the bylaws, but may end the tenancy without penalty within 90 days of learning of the failure, and you must pay reasonable moving expenses up to one month’s rent.
Can the strata fine my tenant?
Yes. Under section 130, the strata may fine a tenant who breaks a bylaw or rule.
Can the strata collect my tenant’s fine from me?
Yes. Under section 131, the strata may collect the fine from the tenant, the landlord or the owner, but not more than the fine in total.
Can the strata evict my tenant?
In serious cases of repeated or continuing breaches, section 138 may allow the strata to give the tenant a notice ending the tenancy under the Residential Tenancy Act.
Should I get legal advice before renting out my unit?
If you are buying, selling or renting out a strata unit in BC, a lawyer can review your bylaws and documents for your situation.
Book a consultation
If you are buying, selling or renting out a strata unit in British Columbia, you can book a confidential consultation with Pax Law Corporation. You can also view our real estate services.
- North Vancouver office: Book a consultation — 215-1433 Lonsdale Avenue, North Vancouver, BC — +1-604-767-9529
- Toronto office (Pax Law Professional Corporation): Book a consultation — 10th Floor, 4711 Yonge Street, Toronto, ON — +1-416-447-4862
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Disclaimer: This article is general information only and is not legal advice. Every situation is different. It reflects the Strata Property Act of British Columbia as of the publication date, and the law changes. Past results do not guarantee future outcomes. Reading this article does not create a lawyer-client relationship. Speak with a lawyer about your own situation before acting.
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