December 2, 2023

No particular exemptions or obligations in Strata Act or BC Human Rights Code, says Tony Gioventu

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Expensive Tony:

After 5 years of noise, safety points and damages, our house owners have lastly handed a bylaw that prohibits short-term lodging. We set the restrict to be something lower than 30 days for single use, which permits for house owners in our constructing to barter residence exchanges and home sitters whereas they’re away in the course of the winter.

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Of the 155 models, we found 25 of them had been getting used for trip leases, and we had been going through fixed safety breaches with the continued transiency of vacation travellers.

Residents had lastly reached their restrict when a bunch of customers precipitated a serious water leak and critical harm to 11 models. This can actually have an effect on our insurance coverage deductible fee, the price of insurance coverage and the eligibility for renewal.

5 of the short-term buyers have demanded we offer them with an exemption from the bylaw, which can impose a high quality of $1,000 per day, as a result of they bought earlier than the bylaw was in place. Is there any such obligation of the strata company to grant any such exemption?

— DDF, Burnaby

Expensive DDF:

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The Rules of the Strata Property Act make it clear a strata company is permitted to ban short-term lodging. Whereas they don’t seem to be known as short-term lodging within the rules, current laws below studying within the BC Legislature has now established that definition.

On your functions, within the Strata Property Rules, it’s: “Within the case of a bylaw that prohibits or limits use of all or a part of a residential strata lot for remuneration as trip, journey or momentary lodging, a strata company might impose $1 000 for every contravention of the bylaw.”

You may be required to amend your schedule of fines to undertake the $1,000 per day high quality, and you should nonetheless course of all alleged bylaw violations based on the Act, however these fines and bylaws are enforceable.

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There aren’t any particular exemptions or privileges set out within the Act or below the BC Human Rights Code that give the council both the authority or obligation to grant any lodging or exemption.

This is likely one of the dangers all buyers should consider when they’re contemplating a strata property.

An age-restriction bylaw of 55 and over could also be adopted, or a bylaw that prohibits barbecues on decks and balconies, or bylaws that prohibit the quantity and kind of pets might all have an effect on buyers.

Strata companies are sometimes suggested to train warning in the event that they outline or restrict a interval of rental time to adjust to the bylaw. The definition set out within the rules is enough for strata company bylaws. The proposed definition of short-term lodging within the Brief Time period Rental Lodging Act is lower than 90 consecutive days of occupancy.

Tony Gioventu is govt director of the Condominium Dwelling Homeowners Affiliation. E-mail [email protected].

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