BC Government Ends Rental and Age Restrictions for Strata Properties

Today, the Government of B.C. announced changes to legislation that will remove rental restrictions in strata properties and introduced the new Housing Supply Act which will provide select municipalities with increased powers to address housing development. These changes will have implications for consumers, real estate licensees, and real estate developers in our province.

Amendments to the Strata Property Act will end all strata rental-restriction bylaws and limit age-restriction bylaws so that the only permitted age restriction is to preserve and promote seniors’ housing through the “55 and over” rule in strata housing. Moving forward, it will not be permissible for a strata to have 19-plus age restrictions; however, “seniors only” strata will still be allowed.

If approved, the changes to the Strata Property Act would take effect immediately. Bylaws restricting short-term rentals, such as AirBnB, will continue to be allowed.

These actions are new steps to deliver homes in B.C., building on B.C.’s 10-year, $7-billion Homes for B.C. plan.

Read the Office of the Premier Media Release

• Frequently Asked Questions

  BCFSA does not regulate the Strata Property Act (“SPA”) or provide legal advice. More information can be found on the B.C. Government and Condominium Home Owners Association (“CHOA”) websites.

  • Strata housing website
  • CHOA information webinar
  • VISOA information webinar

  The information provided below is adapted from the Government of B.C.’s recent email via the Strata Housing website email subscription service and does not constitute BCFSA advice.

  Bill 44 changes

  Bill 44: Building and Strata Statutes Amendment Act, 2022 became law on November 24, 2022. It includes three major changes:

  (1) Rental restriction bylaws

  The bill removes the ability of strata corporations to have rental restriction bylaws.

  • When will this change take effect?
    This change came into force immediately once the bill received Royal Assent. Existing rental restriction bylaws are now unenforceable.
  • What about short-term rental bylaws?
    While strata corporations cannot restrict owners from renting out their units to tenants, strata corporations are still allowed to have bylaws restricting licences to occupy (sometimes referred to as “short-term accommodation,” such as AirBnB).

  (2) Age restriction bylaws

  The bill limits the ability of strata corporations to have age restriction bylaws. Age restriction bylaws with a minimum age of 55 years of age or older are still permitted, subject to an exemption for live-in caregivers.

  • When will this change take effect?
    This change came into force immediately once the bill received Royal Assent. Existing age restriction bylaws with a minimum age of less than 55 are now unenforceable.

  (3) Electronic meetings

  The bill made changes to allow strata corporations in British Columbia to conduct annual and special general meetings by telephone or other electronic means on a permanent basis, without the need for an explicit enabling bylaw. Hybrid meetings—with some participants attending in person and some electronically—are also permitted. The strata corporation will also have new procedural responsibilities related to these changes, including new notice requirements for annual and special general meetings.

  • When will this change take effect?
    This change came into force immediately once the bill received Royal Assent but is subject to a four-month transition period. This means that strata corporations will have four months after the bill passed before they need to comply with the new requirements related to electronic meetings.

  Other updates

  The Residential Tenancy Branch (RTB) has updated “Policy Guideline 27: Jurisdiction” to confirm that, in specific situations, strata corporations may act as landlords for the purposes of:

  • Issuing a notice to end tenancy;
  • Appearing before the RTB to defend an eviction notice; and
  • Seeking an order and writ of possession for repeated violations of significant strata bylaws.

  If you need legal advice

  Strata councils, owners, or residents that are unsure about how these changes may impact current strata bylaws or other legal rights and responsibilities should seek legal advice from a lawyer. Strata property managers and strata homeowner organizations will also have helpful information on implementing these changes.
  
  
  Article taken from www.bcfsa.com