Can I rent my condo in my Strata?

We're beginning to get this question more and more ever since Bill 44 was passed on November 24, 2022.

This new bill was effective immediately upon passing and changed multiple areas of Strata law including restricting a Strata Corporation's ability to enforce bylaws against rentals. As a Homeowner, Landlord, or Potential Homeowner/Landlord, you should understand the following changes:

  • You can now rent out your Strata lot (Condo, Townhome, Detached on a bareland Strata) for rental periods of at least 30 days.
  • The Strata can still require a Form K to be signed by the incoming Tenants
  • In general (and is currently being challenged in multiple scenarios) a Strata can no longer put any restrictions on the occupancy type of a Strata lot (tenant or owner occupier)

More information for longer form reading can be found at the following links:

BCREA

BC Government

Strata Property Act (Section 121 (1)(c))

What does this mean for you?

If you want to rent out your Strata Lot for a period of at least 30 days, you can simply begin preparing, marketing, and rent it out!

If you've had any of the following bylaws in place in your Strata, your Strata does not need to vote to remove them as bylaws, they are just simply unenforceable. This means that they cannot:

  • Force you to evict your tenant simply because you are renting it
  • Charge you additional fees, fines, or deposits because you are renting it
  • Charge you increasing fees based on frequency (increasing move in/out fees with moves more frequent over a certain time period)
  • Enact any new bylaws specifically restricting tenants rather than owners (no pets for tenants, occupancy restrictions for tenants only, etc.)
  • Require permission to be granted before you can rent

If you are unsure about a specific bylaw in your Strata bylaws that you think may circumvent any of the above and place a restriction on you as a Landlord to rent out your unit (additional fees, fines, restrictions specific to tenants, etc.) either seek legal advice, or reach out to us using our contact page.

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*The above information is not to be relied on as legal advice. If you require professional or legal advise for your personal circumstances, please reach out to us for a referral, or consult with us for property management services.

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