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Strata

Short-Term Rental Restrictions (Strata)

Strata bylaws may restrict short-term rentals (commonly defined as rentals of less than a set duration) independent of provincial restrictions under the Short-Term Rental Accommodations Act and any local government bylaws. Whether short-term rental income is permitted at a given strata lot is governed jointly by the strata's bylaws, the Province's STRAA rules, and the applicable local short-term rental bylaw.

Frequently Asked Questions

Can a strata corporation in British Columbia prohibit short-term rentals through its bylaws?

Yes. Under the Strata Property Act (SBC 1998, c. 43), a strata corporation has the authority to pass bylaws regulating or prohibiting the rental of strata lots, including short-term rentals. A bylaw restricting rentals must be passed by a three-quarters vote of eligible voters at an annual or special general meeting and must be filed with the Land Title Office to be enforceable against future owners. Owners and prospective buyers should review the strata's current registered bylaws to understand what rental activity is permitted at a specific strata lot.

How do strata bylaws interact with the provincial Short-Term Rental Accommodations Act in BC?

The Short-Term Rental Accommodations Act (STRAA) establishes a provincial framework governing short-term rentals, including principal residence requirements and local government enforcement tools, while strata bylaws operate as an additional and independent layer of restriction under the Strata Property Act (SBC 1998, c. 43). A strata bylaw that is more restrictive than the STRAA will generally prevail for that strata corporation, meaning an owner could be prohibited by their strata from operating a short-term rental even if provincial rules would otherwise permit it. Compliance with both the STRAA and the strata's bylaws is required simultaneously.

What information about short-term rental restrictions should be disclosed to a buyer before purchasing a strata lot in BC?

A buyer is entitled to receive a Form B Information Certificate under the Strata Property Act (SBC 1998, c. 43), which must disclose the strata corporation's current bylaws and any rental restriction bylaws in effect. A real estate licensee acting for a buyer has disclosure obligations under the Real Estate Services Act (RSBC 2004, c. 42) and the rules administered by the British Columbia Financial Services Authority (BCFSA) to ensure material facts affecting the property — including rental restrictions — are communicated to the client. Buyers should also independently review the strata's registered bylaws at the Land Title Office and obtain copies of any recent bylaw amendments.

Can a strata corporation define 'short-term rental' differently in its bylaws than the definition used in the STRAA?

Yes. A strata corporation may draft its own bylaw definition of short-term rental, for example specifying a minimum rental duration such as requiring rentals to be no less than a set number of days or months, and this definition operates independently of the definition used in the Short-Term Rental Accommodations Act. The bylaw definition governs what is restricted within that strata community, while the STRAA definition governs provincial obligations. Prospective owners should carefully read the strata's bylaws to understand the specific duration thresholds that apply to that corporation.

What penalties can a strata corporation impose on an owner who violates a short-term rental restriction bylaw in BC?

Under the Strata Property Act (SBC 1998, c. 43) and its Regulation, a strata corporation may impose a fine on an owner who contravenes a bylaw, with the maximum fine amount set out in the Strata Property Regulation. The strata must follow the hearing and notice process prescribed by the Strata Property Act before imposing a fine, giving the owner an opportunity to respond. Fines for continuing contraventions may accrue on a periodic basis, and unresolved disputes between owners and the strata corporation may be brought before the Civil Resolution Tribunal.

Can a strata corporation in BC pass a new bylaw restricting short-term rentals after a buyer has already purchased a lot intending to use it for short-term rentals?

Yes. A strata corporation may amend its bylaws at any time by a three-quarters vote under the Strata Property Act (SBC 1998, c. 43), and once a rental restriction bylaw is properly passed and filed at the Land Title Office, it generally binds all owners including those who purchased before the amendment. However, the Strata Property Act contains transition provisions that may provide existing rental arrangements with a limited phase-in period before a new rental restriction bylaw applies to them; consult the current provisions of the Strata Property Act and its Regulation for the specific terms of any such protection. Buyers considering short-term rental income should be aware that strata bylaws can change after purchase.

Does a local government short-term rental bylaw apply to strata lots in BC even if the strata's own bylaws do not restrict short-term rentals?

Yes. Local government bylaws enacted under the Short-Term Rental Accommodations Act and the Local Government Act apply to all residential properties within the municipality or regional district, including individual strata lots, regardless of whether the strata corporation has adopted its own rental restriction bylaws. A strata lot owner must therefore comply with both the applicable local government short-term rental bylaw and the strata corporation's bylaws simultaneously. The absence of a strata restriction does not exempt an owner from municipal or regional district licensing or permitting requirements.

How can a buyer in BC find out whether a strata lot is subject to short-term rental restrictions before making an offer?

A buyer or their licensee should request a copy of the strata corporation's current bylaws and rules, which are disclosed through the Form B Information Certificate available under the Strata Property Act (SBC 1998, c. 43). Registered bylaws can also be searched at the Land Title Office. A real estate licensee acting for the buyer is obligated under the Real Estate Services Act (RSBC 2004, c. 42) and BCFSA conduct standards to take reasonable steps to discover and disclose material facts, which would include rental restriction bylaws affecting the intended use of the property.

Are strata rules (as opposed to bylaws) sufficient to restrict short-term rentals in a BC strata corporation?

Under the Strata Property Act (SBC 1998, c. 43), strata rules govern the use of common property and common assets, while bylaws govern the use of strata lots including rental arrangements. A restriction on short-term rentals of a strata lot must therefore be implemented through a bylaw, not merely a rule, to be enforceable against owners. Rules require only a majority vote of the strata council to pass, whereas bylaws restricting rentals require a three-quarters vote of eligible voters and must be filed at the Land Title Office.

What role does the BCFSA play when a real estate licensee is involved in a transaction for a strata lot with short-term rental restrictions in BC?

The British Columbia Financial Services Authority (BCFSA) regulates real estate licensees in BC under the Real Estate Services Act (RSBC 2004, c. 42) and its Rules, and licensees are required to act in their client's best interests, which includes disclosing material facts such as strata bylaw restrictions on short-term rentals. Failure to disclose a known rental restriction that is material to a buyer's intended use of the strata lot could constitute a breach of the licensee's professional obligations under RESA and may result in disciplinary action by the BCFSA. Licensees should ensure they obtain and review the Form B Information Certificate and registered bylaws as part of their due diligence on any strata transaction.

Authoritative Sources

Verify the specific statutory language, thresholds, deadlines and current guidance directly with the governing authority:

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Doug LeMaire, REALTOR®
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Doug LeMaire, REALTOR®
EZtoFind.ca · Fraser Property Management Realty Services Ltd.