Short Terms Rentals not Protected
In a previous post, I discussed the issue of whether a rental disclosure statement protects an owner from a rental restriction bylaw with respect to Air BnB use of a strata lot: spoiler alert, it does not.
The owner as noted in my previous post had purchased a strata lot and was renting it out on a short-term, Air BnB type rental. The owner had been relying on the rental disclosure statement filed by the owner developer to rent out the strata lot despite the fact that there was a rental restriction bylaw. The Supreme Court found that the rental disclosure statement did not protect the strata lot for short term rentals. The owner appealed (HighStreet Accommodations Ltd v The Owners, Strata Plan BCS 2478, 2019 BCCA 64) arguing that the judge had interpreted section 143 of the Strata Property Act too narrowly, erroneously limiting the owner's right to deal with the strata lot as the owner saw fit in the absence of an applicable restriction.
The Court of Appeal noted:
[42] As noted, t…
The owner as noted in my previous post had purchased a strata lot and was renting it out on a short-term, Air BnB type rental. The owner had been relying on the rental disclosure statement filed by the owner developer to rent out the strata lot despite the fact that there was a rental restriction bylaw. The Supreme Court found that the rental disclosure statement did not protect the strata lot for short term rentals. The owner appealed (HighStreet Accommodations Ltd v The Owners, Strata Plan BCS 2478, 2019 BCCA 64) arguing that the judge had interpreted section 143 of the Strata Property Act too narrowly, erroneously limiting the owner's right to deal with the strata lot as the owner saw fit in the absence of an applicable restriction.
The Court of Appeal noted:
[42] As noted, t…
