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https://www.bclaws.gov.bc.ca/civix/document/id/bills/billsprevious/3rd42nd:gov44-3

Bill 44 was passed in Nov 2022 in BC to disallow Stratas from imposing rental restrictions.

I am reading the following strata bylaw in the documents:

"The Strata Lot shall be used exclusively as a private dwelling home for one family, which may include a live-in housekeeper or nurse."

Does it still hold up after Bill 44?

The following seems to suggest it does:

https://canliiconnects.org/en/commentaries/91077

(The case seem to have been reviewed in 2023 i.e after the legislative change with Bill 44 but the event is from 2021/2022)

TLDR: Is Single family residency Strata bylaw automatically repealed due to Bill 44? or it is still valid?

systemdebt
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1 Answers1

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The case pre-dates the amendment

It refers to events that took place in 2020; as such, it is of no assistance in clarifying the amendment.

I don't see how the changes to s141 would render the family restriction by-law invalid

The Strata Property Act allows the imposition of bylaws and rules on the owners. It follows that these must also apply to tenants: otherwise, an owner could form a corporation, lease the property to that corporation and sublet it to themselves and avoid the bylaws. That can't possibly be the intention of the legislature. Indeed, the Schedule of Standard Bylaws in the Act applies to "owner, tenant, occupier or visitor".

The single-family residence bylaw clearly restricts the type of tenants that the owner can let to (e.g. no share houses), but it does not impose a term on the lease. It is, therefore, not in conflict with the amended Act.

Dale M
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