Posted By Chris Stepchuk
Rental restrictions can be one of the major causes of conflict amongst condo and strata corporations. Strata Corporations in BC can fine owners violating rental restriction bylaws up to $500 per week, and up to $1000 per night for short term rental bylaw infractions.
Depending on what side of the fence you sit on, you may sometimes be in a situation where you need to skirt around the strata bylaws.
1. Ensure that your rental restriction bylaws are valid. Check the Form J Rental Disclosure statement to ensure that your rental restriction bylaws are actually enforceable. Remember that any disclosure statement submitted after Jan 1, 2010 cannot restrict long term rentals!
2. Have someone “house-sit” for you while you are away. Just make sure that there is no exchange of money and no lease agreement in place when using this one.
3. Rent to family! Family members are exempt from rental restrictions, but remember that this is limited to spouses, children, and parents only! No aunts or uncles!
4. Apply for a hardship exemption. This one isn’t a slam dunk, and requires approval, but if you can convince your strata council that being unable to rent out your property will cause you significant hardship, then you will be allowed to rent out your condo. See our article regarding hardship exemptions here.
To summarize, whether you are an owner looking to rent out your strata lot in a rental restricted building, or a strata council member looking to find out what the surrounding this controversial topic are, we hope that this helps in some way.
Please reach out to our strata management company if you are looking for any advice.
