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RENTALS, PETS AND AGE RESTRICTIONS
- NEW STRATA BYLAWS COMING
(November 2000)
by Del Elgersma
All strata corporations have bylaws to deal with the management,
maintenance and use of strata lots and common property. The new
Strata Property Act, which came into force on July 1, 2000, contains
a set of Standard Bylaws that apply to all new strata corporations.
The Standard Bylaws are the "starting" bylaws for all
new strata corporations formed after July 1, except to the extent
that different bylaws are filed by the developer at the land
title office. Strata corporations formed under the old Condominium
Act (pre-existing strata corporations) are not yet affected by
the new Standard Bylaws. However, on January 1, 2002, the new
Standard Bylaws will become the "default" bylaws for
all strata corporations, except to the extent that a strata corporation
has filed different bylaws at the land title office.
Currently the "default" bylaws for pre-existing strata
corporations are those contained in Part 5 of the Condominium
Act. These bylaws can be changed or added to by filing a bylaw
amendment at the land title office. Many strata corporations
have filed bylaw amendments at the land title office to provide
for rental restrictions and other matters. However, to the extent
that, on January 1, 2002, a pre-existing strata corporation is
relying on some or all of the Part 5 bylaws (as opposed to bylaws
filed at the land title office), the new Standard Bylaws will
be substituted for those Part 5 bylaws.
As a result, all pre-existing strata corporations should carefully
review the new Standard Bylaws. If there is a Standard Bylaw
that a strata corporation does not wish to adopt, the strata
corporation should replace, amend or disapply this bylaw by passing
and filing at the land title office a new "substitute"
bylaw before January 1, 2002.
The most controversial bylaws are usually those that deal with
rental restrictions, pets and age restrictions. Some questions
about how the new Strata Property Act deals with these types
of bylaws are answered below.
Can a strata corporation prohibit rentals?
Under the former Condominium Act, a strata corporation could
pass a bylaw to "limit" the number of strata lots that
may be rented. Various court decisions held that this did not
permit a strata corporation to "prohibit" rentals -
in other words, the bylaws had to permit at least one rental.
Under the new Strata Property Act, a strata corporation may prohibit
the rental of strata lots. However, any restriction will not
apply to family members (the owner's spouse, or a parent or child
of the owner or of the owner's spouse).
May a strata corporation screen tenants?
Under the new Act, a strata corporation may control the conduct,
but not the choice, of tenants. Strata corporations may no longer
screen tenants, establish screening criteria, require the approval
of tenants or require terms to be inserted in tenancy agreements.
Can an owner apply for an exemption from a rental restriction
bylaw?
Yes, on the grounds that it causes hardship to the owner. The
strata corporation cannot unreasonably refuse to grant an exemption.
In a recent case, the court stated that economic hardship, combined
with a "leaky condo" problem, might be sufficient grounds
for an exemption.
What about existing rentals?
If a tenant occupies a strata lot when a rental restriction bylaw
is passed, the bylaw will not apply to the strata lot until one
year after that tenant moves out. If the strata lot is not rented
when the bylaw is passed, the bylaw applies one year after it
is passed. If a developer reserved the right to rent a strata
lot for a period of time, the rental restriction does not apply
until the earlier of the sale of the strata lot by the first
purchaser or the expiry of the developer's rental reservation
period.
Are there any new requirements for landlords?
Yes, a landlord must give the tenant a "Notice of Tenant's
Responsibilities" and a copy of the bylaws and rules of
the strata corporation. If the landlord does not comply with
this requirement, the tenant must still comply with the bylaws
and rules, but may terminate the tenancy and have the landlord
pay the moving expenses.
Can a strata corporation prohibit pets?
Yes, but the bylaw will not apply to a pet living with an owner
or tenant when the bylaw is passed.
Do the Standard Bylaws allow pets?
Yes, the Standard Bylaws permit 1 dog or 1 cat, 2 caged birds,
a reasonable number of fish and a reasonable number of small
caged mammals.
Can bylaws restrict the age of strata lot owners?
No, but the bylaws may restrict the age of occupants of strata
lots. An age restriction bylaw will not apply to persons occupying
a strata lot when the bylaw is passed.
If you have any questions about the Strata Property Act or the
Standard Bylaws, please call us.
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