Age and Rental Bylaw - Changes 2022/2023 - a Review – vancouver real estate

Age and Rental Bylaw - Changes 2022/2023 - a Review

All strata rental restriction bylaws became invalid (note: bylaws banning or limiting short-term rental are still allowed).

Most strata age-restriction bylaws are invalid. There are certain circumstances when age-restriction bylaws can apply, such as residents aged 55 and older. While people younger than 55 can own a strata lot, they may not be able to live in the strata lot. To make matters more complicated, there are also exemptions to any 55+ bylaw restrictions, including live-in caregivers under age 55 and residents previously residing in the strata lot. Effective May 1, 2023, the exemptions to a 55+ bylaw restriction were expanded to include children (including adult children) and younger spouses.

Short-Term Rental Bylaws

The maximum fine amount that a strata corporation can set out in its bylaws is $1,000 for each contravention of the bylaw, with a maximum frequency of daily.

To create a bylaw to limit or ban short-term rentals requires a 3/4 vote of owners and the bylaw must specify the maximum fine.

The Short-Term Rental Accommodation Act (“STRAA”) forms a baseline restriction on short-term rentals in British Columbia.

STRAA generally defines short-term rental as:

  • Service of accommodation in the property of a property host in exchange for a fee
  • period of time of less than 90 consecutive days
  • applies to certain B.C. communities. Strata corporations and municipalities may impose more restrictions on short-term rentals through bylaws

The government has created a compliance and enforcement unit to, among other things, issue compliance orders and administer penalties for violations.

TIPS

  • Know the municipal bylaws impacting rental accommodation in the areas where you are planning to use a property as a short-term rental and/or looking to purchase. 
  • Ensure you know the difference between short-term rental versus a tenancy
  • If a developer's existing Real Estate Development Marketing Act ("REDMA") disclosure statement discloses that short-term rentals will be a permissible use of the development units, and the STRAA prohibits that disclosed use as of May 1, 2024, the developer must immediately amend their disclosure statement to reflect the legislation and ensure continuous accurate disclosure.