Market InformationMarket Information January 26, 2023

Prohibition on Rental and Age Restrictions in Strata Buildings

On November 24, 2022, Bill 44, the Building and Strata Statutes Amendment Act, 2022 (the “Act”),  was enacted and removed most rental and age restrictions in strata  buildings.

> Bylaws that prohibit the rental of strata lots are no longer enforceable. All strata lots can now be rented out.

> Bylaws that enforce only a certain number of rental units within a strata building are no longer enforceable.

> Prohibitions on short-term rentals (less than 30 days) are still allowed and enforceable.

> Any bylaws restricting the age of persons who may reside in a strata lot for persons under 55 years are no longer enforceable.

> There  is no obligation for strata corporations to update their current bylaws  to reflect these changes; however, they should note that some of their  bylaws will no longer be enforceable.

These changes may affect not only the use and occupancy of people’s  strata lots, but also the way in which their properties are listed,  marketed and valued. For strata corporations in vacation ‘hotspots’ or  older buildings with noise issues, these amendments may lead to more  disputes and complaints for the strata corporation to address on an  ongoing basis.