Strata Can't Restrict Occupancy of Strata Lots
In the case of The Owners, Strata Plan VR 855 v Shawn Oaks Holdings Ltd., 2018 BCSC 1162, the strata corporation and a corporate owner were in dispute as to whether the bylaws permitted rentals or not.
The strata had a bylaw that provided:
". . . all strata lots are to be occupied by the owner, or their immediate family." The effect of the strata's bylaw was to restrict rentals and the dispute was whether it was a proper restriction under the Strata Property Act.
The court noted that:
. . . s 141(1) [of the Strata Property Act] prohibits a strata corporation from restricting the rental of a strata lot except as provided in subsection (2). As a result, the strata corporation has no right to restrict the rental of a strata lot except by a bylaw that: (a) prohibits the rental of residential strata lots entirely; or (b) limits the number or percentage of residential strata lots that may be rented and/or the period of time for which residential strata lots may be rented.&quo…
The strata had a bylaw that provided:
". . . all strata lots are to be occupied by the owner, or their immediate family." The effect of the strata's bylaw was to restrict rentals and the dispute was whether it was a proper restriction under the Strata Property Act.
The court noted that:
. . . s 141(1) [of the Strata Property Act] prohibits a strata corporation from restricting the rental of a strata lot except as provided in subsection (2). As a result, the strata corporation has no right to restrict the rental of a strata lot except by a bylaw that: (a) prohibits the rental of residential strata lots entirely; or (b) limits the number or percentage of residential strata lots that may be rented and/or the period of time for which residential strata lots may be rented.&quo…
