Short-Term Rental Restrictions (Strata)

Yes. Under the Strata Property Act, SBC 1998, c. 43, a strata corporation may pass bylaws restricting or prohibiting rentals of any duration, including short-term rentals, provided the bylaw is not significantly unfair and is properly passed by a 3/4 vote at an annual or special general meeting (s. 71). This restriction operates independently of both the provincial Short-Term Rental Accommodations Act and local government bylaws—owners must comply with all three levels of regulation. Verify the specific strata bylaws and local rules with a BC lawyer or notary before operating a short-term rental.

A bylaw that restricts or prohibits rentals generally requires a 3/4 vote at an annual or special general meeting, as set out in s. 71 of the Strata Property Act, SBC 1998, c. 43 (as of 2026-07-27 — verify current). Once passed, the bylaw must be filed at the Land Title Office to take effect (s. 119, Strata Property Act). Owners should review meeting minutes, filed bylaws, and consult a BC lawyer or notary to confirm the validity and scope of any rental restriction.

The Strata Property Act, SBC 1998, c. 43, does not automatically grandfather existing owners when a rental restriction bylaw is passed. However, under s. 143, a strata bylaw that significantly affects the use or enjoyment of a strata lot may be challenged as significantly unfair, and courts have occasionally provided relief for owners who relied on prior rules. Verify your specific situation, including any 'hardship' exemptions or grandfather provisions in the strata's bylaws, with a BC lawyer before assuming you are exempt.

Under the Local Government Act, RSBC 2015, c. 1, and the Short-Term Rental Accommodations Act (provincial), municipalities may impose licensing, zoning, and operational requirements for short-term rentals, and the Province may impose additional restrictions. A strata owner must comply with all three: the strata's bylaws (Strata Property Act, SBC 1998, c. 43), the municipal bylaw, and the provincial Short-Term Rental Accommodations Act. Non-compliance with any layer can result in fines, orders to cease operation, or legal action; verify all applicable rules with a BC lawyer, notary, or municipal planning department.

Yes. The Strata Property Act, SBC 1998, c. 43, grants strata corporations broad authority to define terms in their bylaws, including the duration threshold for 'short-term rental' (e.g., less than 30 days, or less than 90 days). This definition may differ from the provincial Short-Term Rental Accommodations Act or local government bylaws. Owners should carefully review the strata's registered bylaws and all applicable municipal and provincial rules with a BC lawyer or notary to understand which duration thresholds apply.

Under s. 129 and s. 135 of the Strata Property Act, SBC 1998, c. 43, a strata corporation may levy fines (maximum amounts set by regulation—as of 2026-07-27, verify current limits in the Strata Property Regulation) and may apply to the BC Supreme Court for an order requiring compliance or seeking damages. Repeated or flagrant violations can also lead to a court order prohibiting the activity and awarding legal costs. Consult a BC lawyer or notary if you face a bylaw contravention notice or fine.

Yes. Section 164 of the Strata Property Act, SBC 1998, c. 43, permits an owner or tenant to apply to the BC Supreme Court for a declaration that a rule or bylaw is significantly unfair. The test for 'significantly unfair' involves whether the bylaw unfairly prejudices or discriminates against the applicant, and courts consider factors such as reliance, economic impact, and whether the restriction serves a legitimate strata purpose. Success is not guaranteed and requires case-specific legal analysis; consult a BC lawyer before commencing an application.

No. The provincial Short-Term Rental Accommodations Act sets minimum provincial standards and compliance obligations (e.g., registration, safety), but it does not prevent a strata corporation from imposing stricter or outright bans under the Strata Property Act, SBC 1998, c. 43. An owner must satisfy all three levels: strata bylaws, provincial Short-Term Rental Accommodations Act requirements, and local government bylaws. Verify compliance at each level with a BC lawyer, notary, or municipal licensing office before operating a short-term rental.

If the strata's registered bylaws do not contain a rental restriction, the strata cannot unilaterally prohibit short-term rentals by resolution or rule alone—under s. 71 of the Strata Property Act, SBC 1998, c. 43, a bylaw amendment requires a 3/4 vote at a general meeting and filing at the Land Title Office. However, owners must still comply with the provincial Short-Term Rental Accommodations Act and any municipal licensing or zoning bylaws. Review the strata's current filed bylaws and consult a BC lawyer or notary if the strata council attempts to enforce an unregistered restriction.

Strata bylaws are filed at the Land Title Office under s. 119 of the Strata Property Act, SBC 1998, c. 43, and are publicly searchable; you may order a copy through the Land Title and Survey Authority of BC (LTSA). The strata corporation is also required to provide owners with a copy of the bylaws and rules upon request (s. 26, Strata Property Act). Verify the filed and current version with the strata's property manager or a BC lawyer or notary, as unregistered amendments are not enforceable.