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Strata Rental Restrictions are History: Rental Restrictions on Strata Units are No Longer Enforceable

November 29, 2022

Strata corporations in British Columbia are no longer able to enforce bylaws restricting rentals of strata units to tenants.

On November 24, 2022, Bill 44, Building and Strata Statutes Amendment Act, 3rd Sess, 42nd Parl, British Columbia, 2022 (“Bill 44”), was given royal assent by the Legislative Assembly of the Province of British Columbia. Bill 44 seeks to improve access to housing in British Columbia by removing rental and age restrictions in strata buildings, and by setting affordable housing targets for municipalities. These changes take effect immediately.

Previously, strata corporations were allowed to enact bylaws preventing owners of strata units from renting to tenants. Based on the number of owners who applied for exemptions to the speculation and vacancy tax, it has been estimated that at least 2,900 strata units are empty due to rental restrictions. Accordingly, the provisions of the Strata Property Act, S.B.C. 1998, c. 43, which enabled strata corporations to enact rental restriction bylaws, have now been repealed. This means that strata bylaws restricting rentals to tenants are no longer enforceable.

Bill 44 poses new considerations for strata corporations, developers, and owners of strata units. Wondering how Bill 44 may affect you? Consider reaching out to the experienced real estate lawyers at Harper Grey for more information – Salman Bhura and the Real Estate Law Group are available to help.

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This Real Estate Update is not a legal opinion. Readers should not act on the basis of this update without first consulting a lawyer for analysis and advice on a specific matter

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Harper Grey LLP or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: November 29, 2022.

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