Rental Restrictions And Age Restrictions in BC Strata Buildings
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by Richard Morrison
- May 20, 2022
- Trends
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Renting out your strata unit in British Columbia just got a whole lot easier. Recent changes to the Strata Property Act have removed almost all rental restrictions previously imposed by strata corporations. As a realtor in the Lower Mainland for over 15 years, this is excellent news for my clients looking to enter the rental market.
Key Takeaway
The key takeaway is that the vast majority of rental restrictions in BC strata buildings have been eliminated as of November 2022. Owners now have full rights to rent out their properties without limitation. However, short-term rentals can still be capped.
These changes provide more rental housing options for British Columbians. With rental vacancy rates at all-time lows, these new rules should help ease the supply shortage. For owners, the extra income from renting out their unit can offset rising mortgage costs.
As a realtor, I’m thrilled to see these positive changes. My clients now have more freedom and flexibility when buying a strata property. Investors looking to rent out units have far more options now too. While some may fear added headaches for strata councils, these changes modernize outdated practices and make BC housing regulations more equitable overall.
What Exactly Changed?
On November 24, 2022, amendments to the Strata Property Act came into effect, removing sections that allowed strata corporations to disallow residential rentals.
Strata councils can no longer:
- Prohibit rentals entirely
- Limit the number or percentage of rentals
- Control who tenants are or rental terms
Any existing bylaws imposing such rental restrictions are now void and unenforceable.
However, strata corporations can still:
- Forbid short-term rentals (under 30 days)
- Impose minimum age of 55+
The 55+ age limit preserves seniors-only housing while eliminating arbitrary restrictions like 19+ or 45+ that discriminated against families.
According to the BC Government’s press release, these changes provide “new steps to deliver homes” and increase housing supply as part of the 10-year Homes for BC plan.
Why Were These Changes Made?
British Columbia has been facing an ongoing housing supply shortage while also seeing skyrocketing rents and home prices. The rental vacancy rate currently sits at a crisis level of 1%.
With approximately 300,000 condo units banned from renting under old rules, freeing up these properties should help ease the crunch. The province identified over 2,900 vacant units being held empty simply due to outdated rental or age restrictions.
As a realtor, I’ve seen first-hand how these rules hurt renters:
- Young couples unable to find a place to lease
- Growing families forced to squeeze into tiny spaces
- Seniors downsizing but with limited options
These changes bring BC in line with Ontario, which banned condo rental restrictions back in 2017. They also align with human rights legislation by eliminating arbitrary age discrimination.
While not a magic bullet solution, removing rental restrictions takes solid steps towards increasing housing availability across the province.
What This Means for Strata Owners
For owners of strata units, these changes unlock major opportunities. Those who were barred from renting out their property now have full freedom to do so.
With mortgage rates rising, the option to rent and cover costs is invaluable. Renting also provides flexibility if an owner needs to relocate or experiences changed circumstances.
Strata owners can look forward to:
- No waitlists or rental quotas
- Higher property values and selling prices
- Added income to offset mortgage payments
- Flexibility to rent any time without limitations
The ability to earn rental income while waiting out housing market fluctuations gives owners renewed financial security.
As a realtor, I always recommend my clients fully understand all bylaws before purchasing into a strata complex. Now I can reassure them that blanket rental restrictions are a thing of the past.
What About Short-Term Rentals?
While longer-term rentals can no longer be limited, strata corporations can impose bylaws prohibiting short-term rentals under 30 days.
This allows condos to continue blocking mini-hotels and party houses rented out via Airbnb and similar services. Such short-term stays are considered commercial licenses, not true landlord-tenant rental agreements.
With BC’s red-hot tourism sector, demand for short-term vacation rentals remains high in cities like Vancouver and Whistler. Strata communities can still regulate these activities through specific bylaws if desired.
The Road Ahead
As a realtor active in the Lower Mainland market, I’m excited to see these positive steps towards improving rental availability for British Columbians.
With an estimated 300,000 newly unlocked condo units, potential relief for our supply crisis is on the horizon. And owners have renewed options to earn income while retaining their property.
While strata councils may face some growing pains adjusting to the new rules, modernizing outdated practices ultimately benefits everyone. Renters, buyers, owners, investors, and realtors like myself all stand to gain from increased flexibility and choice.
FAQs
Q: What are rental restrictions in BC and age restrictions on strata properties?
A: Rental restrictions in BC are the rules that strata corporations may impose upon condo owners with respect to rental of their units. Age restrictions on strata properties refer to bylaws that restrict occupancy of a strata lot to persons who have reached a specified age, typically 55 years or older.
Q: Are stratas still allowed to impose rental restrictions?
A: Yes, stratas can still impose rental restrictions in accordance with provincial legislation. In 2018, new laws referred to as “short-term accommodation” came into force across BC. This bill allows stratas to pass bylaws restricting the rental of units for less than 30 consecutive days.
Q: Can strata corporations still pass bylaws limiting rentals if they don’t qualify for the “short-term accommodation” exemption?
A: Yes, stratas can still pass bylaws restricting rentals if they don’t qualify for this exemption; however, all such bylaws must be consistent with the Residential Tenancy Act and provide an exemption for care-givers and one or more persons residing in a strata lot who have reached an age that is not less than 55 years.
Q: Is legal advice recommended before passing a rental restriction amendment?
A: Yes, it is highly recommended to seek legal advice prior to passing any such amendment as it can cause significant costs and delays for all affected parties.
Q: How does Bill 44 affect rental restrictions in British Columbia?
A: Bill 44 was enacted in order to increase housing supply across BC and allow stratas and other condominiums to pass bylaws restricting rentals for less than 30 consecutive days. This has been referred to as “short-term accommodation” but does not apply when there are one or more persons residing in a strata lot who have reached an age that is not less than 55 years.
Q: What is the purpose of restriction on renting out residential units imposed by Stratas?
A: Restrictions on renting out residential units imposed by Stratas aim at increasing housing affordability across BC, while also protecting homeowners from potential risks associated with short-term housing arrangements.
Q: Does the new legislation allow Stratas to restrict rentals even when there is no caregiver present?
A: Yes, provided that all such restrictions comply with the Residential Tenancy Act. The new legislation allows Stratas to restrict rentals even when there is no caregiver present.
Q: Are Strata Housing Corporations allowed under B.C.’s new legislation?
A: Strata Housing Corporations are allowed under B.C.’s new regulation as long as they comply with the requirements set out in Bill 44 and other applicable laws.
Q: What exemptions exist under BC’s new legislation regarding rental restrictions?
A: B.C.’ s new regulation provides exemptions for care – givers, homeowners , or one or more persons residing in a Strata Lot who have reached an age that is not less than 55 years?
Q: Are building and Strata Rules still allowed when it comes to rental restrictions?
A: Yes, Building and Strata Rules are still allowed when it comes to rental restrictions; however, these must be permissible under provincial law.
Conclusion
Rental and age restrictions in strata bylaws are a major issue for those looking for rental units in British Columbia. Strata corporations in this province have the power to restrict or limit the renting of strata lot units, which could refer to as “short-term accommodation” when a unit is rented out for 30 days or less. B.C.’s speculation and vacancy tax has made it more difficult for owners to rent out their properties, even if they meet the age of 55 or older requirement.
However, changes may have been made so that these restrictions are no longer enforceable – owners over the age of 19 may still be allowed to rent out their property under special general amendment act. Strata corporations are still able to restrict owners from renting out their properties, however, they may pass a bylaw allowing rentals in older buildings.
Ready to turn your real estate dreams into reality? Contact Richard Morrison, Vancouver’s top realtor with 20+ years of experience. As a Medallion Club member and RE/MAX Hall of Fame award winning agent, he’s the expert you need on your side. Whether buying, selling, or investing, Richard’s personalized approach and deep market insights ensure a successful transaction. Reach out to Richard today at (778) 900-2235 and make your real estate journey seamless and rewarding.
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