55+ Age Restriction Bylaw

A 55+ Age Restriction Bylaw is a bylaw passed by a strata corporation under the Strata Property Act (SBC 1998, c. 43) that restricts occupancy of strata lots to persons aged 55 or older. BC's Human Rights Code generally prohibits age-based discrimination in housing, but an exception exists that permits strata corporations to enforce age restrictions for seniors' housing where at least one occupant per unit meets the qualifying age threshold. This means general age-restriction bylaws (such as adult-only or 19+) are no longer permitted, but 55+ bylaws remain a recognized exception for seniors' housing under the Human Rights Code.

The BC Human Rights Code prohibits discrimination based on age in residential tenancy and strata housing, but it contains a specific exception allowing housing intended for persons aged 55 or older to maintain that restriction. For this exception to apply, the housing must genuinely qualify as seniors' housing and the strata corporation must have a valid 55+ bylaw in place under the Strata Property Act (SBC 1998, c. 43). Strata corporations should consult legal counsel to ensure their bylaw language and application practices comply with the Human Rights Code's requirements for the exception.

Under the Strata Property Act (SBC 1998, c. 43), a strata corporation may create or amend a bylaw — including a 55+ age restriction — by passing a resolution at a general meeting with a three-quarters vote of eligible voters. The amended bylaw must then be filed with the Land Title Office to be effective and enforceable against future owners. Strata corporations should ensure the bylaw wording is precise and consistent with both the Strata Property Act and the Human Rights Code exception for seniors' housing.

Under the Strata Property Act (SBC 1998, c. 43), a strata corporation is required to provide a Form B Information Certificate upon request, which must disclose the strata corporation's bylaws, including any age restriction bylaw. A licensed real estate professional has duties under the Real Estate Services Act (RESA) and BCFSA Rules to ensure material facts — such as a 55+ restriction that may affect a buyer's ability to occupy or rent the property — are disclosed to clients. Buyers are strongly encouraged to review the Form B and all strata documents carefully before completing a purchase.

A person under 55 may legally take title to a strata lot in a 55+ building in British Columbia, because ownership and occupancy are distinct concepts under the Strata Property Act (SBC 1998, c. 43). However, the 55+ bylaw governs who may occupy the unit, meaning a buyer under 55 generally could not personally reside there if the bylaw is properly constituted and enforced. Prospective purchasers should review the specific wording of the strata corporation's bylaw and the applicable Human Rights Code exception to understand exactly who may occupy the unit.

If a strata corporation has both a valid 55+ Age Restriction Bylaw and a rental bylaw, any tenant occupying the unit must also meet the 55+ age requirement, since the age restriction applies to all occupants regardless of whether they are owners or tenants. The Strata Property Act (SBC 1998, c. 43) permits strata corporations to enforce bylaw compliance against both owners and their tenants. Owners considering renting their unit in a 55+ building should review both the age restriction bylaw and any applicable rental restriction bylaws carefully.

Real estate licensees in BC are regulated by the British Columbia Financial Services Authority (BCFSA) under the Real Estate Services Act (RESA) and its Rules. When dealing with a 55+ strata property, a licensee has a professional obligation to disclose material latent and patent facts — including the existence of a 55+ bylaw — that could affect a client's decision to purchase or occupy the property. Failure to disclose such material facts could constitute professional misconduct under RESA and subject the licensee to regulatory action by the BCFSA.

The BC Property Transfer Tax Act does not provide a specific exemption based solely on a property being located in a 55+ development; standard PTT rates apply — 1% on the first $200,000, 2% on the portion from $200,000 to $3,000,000, 3% on the portion above $3,000,000, plus an additional 2% on residential property value exceeding $3,000,000. Buyers who qualify as first-time home buyers may be eligible for the First-Time Home Buyers' exemption (full exemption on fair market value up to $835,000) regardless of whether the property is in a 55+ building, subject to all other qualifying conditions under the Property Transfer Tax Act. Consult the current BC Ministry of Finance guidance for exact thresholds and eligibility requirements.

When a strata lot is transferred through an estate under the Wills, Estates and Succession Act (WESA) of BC, the new owner acquires the property subject to all existing strata bylaws, including any 55+ Age Restriction Bylaw, as registered under the Strata Property Act (SBC 1998, c. 43). If the beneficiary or executor taking title does not meet the 55+ age requirement, they may hold ownership but would generally not be permitted to personally occupy the unit under the terms of the bylaw. The estate's executor and the beneficiary should review the specific bylaw language and seek legal advice regarding occupancy rights and any applicable transition provisions.

A strata corporation may repeal a 55+ Age Restriction Bylaw by passing a three-quarters vote resolution at a general meeting and filing the bylaw amendment with the Land Title Office, as required by the Strata Property Act (SBC 1998, c. 43). Once repealed, the age restriction is no longer enforceable, and the building would no longer qualify as a seniors' housing exception under the BC Human Rights Code, meaning new general age restrictions could not simply be substituted. Strata owners considering such a change should be aware that it may materially affect property values, the community character, and existing owners' expectations, and legal counsel should be engaged before proceeding.