Age Restriction Bylaws (Prohibited 2022)

Amendments to the Strata Property Act (SBC 1998, c. 43) that came into force in November 2022 generally prohibited strata bylaws that restrict residency based on age. Any existing bylaw that conflicted with these amendments became unenforceable as of that date. The only age-based restriction that remains permissible is a bylaw limiting residency to persons 55 years of age or older.

Yes, bylaws restricting residency to persons aged 55 or older are expressly permitted under the amended Strata Property Act (SBC 1998, c. 43) and represent the sole surviving age-based restriction allowed in BC strata communities. All other age thresholds — for example, bylaws excluding residents under 19 or restricting to persons aged 45 or older — are no longer enforceable. Strata corporations wishing to maintain or adopt a 55-plus bylaw should ensure it is properly worded and registered in accordance with the Strata Property Act.

No. Following the November 2022 amendments to the Strata Property Act (SBC 1998, c. 43), bylaws that excluded families with children or otherwise restricted residency to adults below the age of 55 threshold are unenforceable. This means a strata corporation cannot enforce a bylaw that prevents families with minors from residing in a strata lot. Only a 55-or-older residency restriction remains a lawful age-based bylaw.

Under the amended Strata Property Act (SBC 1998, c. 43), bylaws inconsistent with the November 2022 amendments are unenforceable by operation of law, regardless of whether the strata corporation has formally repealed them. However, it is generally considered good governance practice for a strata corporation to amend or repeal any non-compliant bylaw so the registered bylaws accurately reflect enforceable rules. Strata corporations should consult qualified legal counsel for guidance on the amendment process under the Strata Property Act.

Licensees in BC are governed by the Real Estate Services Act (RSBC 2004, c. 42) and the BCFSA's rules, which require them to be accurate and not mislead buyers or sellers. A licensee should not represent a prohibited age restriction bylaw as currently enforceable, as doing so could mislead a buyer about the permissible use of the strata lot. Licensees should direct clients to review the strata corporation's registered bylaws and obtain independent legal advice regarding the impact of the November 2022 Strata Property Act amendments.

A Form B Information Certificate, required under the Strata Property Act (SBC 1998, c. 43), must include a copy of the strata corporation's current bylaws and rules. If a strata corporation has not yet formally repealed a prohibited age restriction bylaw, that bylaw may still appear in the bylaws attached to the Form B, even though it is unenforceable. Buyers and their licensees should review any age-related bylaws disclosed in a Form B against the November 2022 amendments to assess enforceability.

A valid 55-or-older residency bylaw under the amended Strata Property Act (SBC 1998, c. 43) applies to who may reside in the strata lot, not merely who owns it. If such a bylaw is properly adopted and in force, the strata corporation may enforce it against an owner who rents to a resident who does not meet the 55-or-older requirement. Buyers interested in renting a strata lot in a 55-plus building should carefully review the registered bylaws and understand the restrictions before purchasing.

The amendments to the Strata Property Act (SBC 1998, c. 43) apply broadly to strata corporations governed by that Act, which includes residential strata, bare land strata, and mixed-use strata. The practical effect on non-residential or bare land strata will depend on whether those stratas had age-based residency bylaws in place. Strata corporations should consult qualified legal counsel to assess how the amendments apply to their specific strata plan and bylaw structure.

The Strata Property Act (SBC 1998, c. 43) generally limits a strata corporation's ability to restrict the sale or transfer of a strata lot, and restrictions directed at purchaser age as a workaround to prohibited residency bylaws would likely be considered inconsistent with the Act's intent. Only a properly adopted 55-or-older residency bylaw, applied at the point of residency, is expressly sanctioned by the post-2022 amendments. Any novel bylaw approach to age restriction should be assessed by qualified legal counsel against the current Strata Property Act.

How a strata lot is acquired — whether by purchase, gift, or inheritance under the Wills, Estates and Succession Act (SBC 2009, c. 13) — does not exempt a new resident from a lawfully adopted 55-or-older residency bylaw under the Strata Property Act (SBC 1998, c. 43). A beneficiary who inherits a strata lot in a 55-plus building would generally still be subject to the residency bylaw if they wish to live in the unit. Both the executor administering the estate and the beneficiary should seek independent legal advice regarding their rights and obligations under the applicable bylaws and statutes.