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."

Ultimately, the court found the occupancy bylaw to be unenforceable because it restricted rentals beyond what was permitted. As a result, the strata had no rental restriction bylaws and would have to consider approving new bylaws that would be enforceable.

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TAEYA FITZPATRICK Taeya Fitzpatrick has specialized in strata law for most of her practice, has won cases for her clients in the BC Supreme Court, the BC Court of Appeal, and assisted with a client succeeding in defending a Civil Resolution Tribunal claim. Taeya offers full services to a strata corporation or a strata owner from redrafting the strata’s bylaws, collection of outstanding strata fees or other charges, issues with bylaw enforcement, to amending the strata plan. For more information on the services provided, you can reach Taeya by email, phone: 250-763-4323, or at her Web Page.