Condo Smarts: Airbnb rentals and tenants are not the same in condominium law


Strata societies are allowed to ban short-term rental housing unless they are subject to a zoning clause commonly found in resort areas.

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Dear Tony:

Are strata companies that are townhouses and bare land strata allowed to pass bylaws that limit rentals or Airbnbs? Our townhouse complex in Vernon received a circular from a neighboring property stating that rental regulations were not applicable in a townhouse complex, but we cannot find any legislative changes or notices that verify this issue. .

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Over the years we have had a number of tenants in our complex up to a maximum of 10 percent (five) of our units. They have all been wonderful residents. However, we don’t want to increase the number of tenants as we are already struggling with enough board members as self-managed strata. Any update would be appreciated.

РM̩lissa A.

Dear Mélissa:

Rental regulations may apply to any residential strata lot in any strata corporation; however, there are several exemptions that are a bit complicated to administer.

If your strata company was deposited in land titles before January 1, 2010 and the developer has filed a rental disclosure statement exempting the strata lots from rental, only the promoter’s first buyer is automatically exempt from the regulations of the developer. rental.

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If your strata company was filed after January 1, 2010 and the owner-developer has filed a rent exemption for the strata lots, these strata lots are exempt for the period indicated on the rent statement. These vary from 10 to 99 years and apply to each subsequent owner for the remaining period.

Each corporate stratum is required to have a copy of the rent disclosure statement that is filed with the Superintendent of Real Property.

In addition to these exemptions, there are two other provisions.

Family members defined as the children or parents of the owner or the owner’s spouse are also exempt from rental regulations, and in the event that an owner experiences hardship, most often medical or financial, the strata corporation must reasonably grant an exemption from the statutes.

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If properly enforced and reported, most strata companies with rental regulations rarely reach their limits anyway. While owner-developer, family, and hardship rents are all exemptions, they are still reported over the total number of rentals on a Form B information certificate so that an owner or buyer is aware. the potential number of rentals in the building, but they are not included in the calculation of the total number of rentals allowed. For example, in your strata society, you have five dwellings, but you also have three married quarters. So there are currently eight units rented under the regulations and exemptions, even with a limit of five units.

I found a copy of the flyer that was sent to Vernon and it also appeared in Kamloops, Prince George and on Vancouver Island this week. It comes from a condo blog site full of errors and misinformation. The site also states that Bare Land Strata Societies are only regulated by the Bare Land Strata Regulations – also incorrect.

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The Strata Property Act applies to all strata companies, with additional regulations for bare land strata. I encourage readers to seek information from established associations such as the Condominium Home Owners Association and the British Columbia Government Housing website.

Most strata companies across British Columbia do not limit or restrict rentals. Tenants are a crucial part of our communities, and if respected and well managed, they ensure that our residential communities are fully occupied by stable residents. In many strata societies, landlords have delegated their authority to their tenants to also support the strata society and serve on the stratum council as residents of the building. Tenants are subject to the bylaws and rules of a stratum society and may be fined or applied to the Civil Resolution Tribunal for the enforcement of the bylaws in the same manner as the owners. For an added layer of protection for the strata corporation and other landlords and residents, the law makes landlords responsible for all costs associated with tenants that relate to bylaw enforcement or damages, so it is important that boards of strata always copy the notice of enforcement of bylaws and complaints to landlords and landlords as well as tenants.

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Short-term accommodations such as Airbnb create a different thread of issues for strata companies and are not a rental settlement. They are controlled or limited by a city bylaw on the commercial use of short-term accommodation, as they are not rentals and are regulated or licensed by local governments. Strata societies are allowed to ban short-term rental housing unless they are subject to a zoning clause commonly found in resort areas.

Tony Gioventu, Executive Director CHOA

Tony Gioventu is Executive Director of the Condominium Home Owners Association. Send an email to [email protected]

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