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5. Enforcing a Short-term Accommodation Bylaw

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	A strata corporation can set out in its bylaws a maximum fine of $1,000 per day for the contravention of a bylaw that prohibits or limits use of all or part of a residential strata lot for renumeration as vacation, travel, or temporary accommodation.		A strata corporation can set out in its bylaws a maximum fine of $1,000 per day for the contravention of a bylaw that prohibits or limits use of all or part of a residential strata lot for renumeration as vacation, travel, or temporary accommodation.


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	Section 141 of the ''SPA'' provides that a strata corporation must not, among other things, require the approval of tenants. Even if a strata corporation is not requiring the approval of specific tenants, there is no justification for a bylaw requiring strata council approval of strata lot rentals, as a bylaw limiting the number of rentals is not enforceable.		Section 141 of the ''SPA'' provides that a strata corporation must not, among other things, require the approval of tenants. Even if a strata corporation is not requiring the approval of specific tenants, there is no justification for a bylaw requiring strata council approval of strata lot rentals, as a bylaw limiting the number of rentals is not enforceable.

	In [https://www.canlii.org/en/bc/bccrt/doc/2020/2020bccrt247/2020bccrt247.html ''Skipsey v The Owners, Strata Plan 1538'', 2020 BCCRT 247], the revised wording of a bylaw up for contention at the CRT read as follows:		In ''[https://www.canlii.org/en/bc/bccrt/doc/2020/2020bccrt247/2020bccrt247.html Skipsey v The Owners, Strata Plan 1538]'', 2020 BCCRT 247, the revised wording of a bylaw up for contention at the CRT read as follows:

	“Rentals will be considered by the strata council, on a case-by-case basis. Any approved rental will have a maximum period. Rental management to be approved by the council. Additional strata charges may be charged for rental units. No owner shall lease or rent a strata lot without the written permission of the strata council or a motion at a strata council meeting.”		“Rentals will be considered by the strata council, on a case-by-case basis. Any approved rental will have a maximum period. Rental management to be approved by the council. Additional strata charges may be charged for rental units. No owner shall lease or rent a strata lot without the written permission of the strata council or a motion at a strata council meeting.”
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	While a bylaw cannot restrict the rental of a strata lot, a strata corporation may, by bylaw, restrict the use of a strata lot by prohibiting licensing the use of all or part of a strata lot for short-term accommodation purposes. The question becomes what the difference is between a strata lot rental and a licence.		While a bylaw cannot restrict the rental of a strata lot, a strata corporation may, by bylaw, restrict the use of a strata lot by prohibiting licensing the use of all or part of a strata lot for short-term accommodation purposes. The question becomes what the difference is between a strata lot rental and a licence.

	In [https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc123/2010bcpc123.html ''The Owners Strata Plan VR 2213 v Duncan & Owen'', 2010 BCPC 123], the court held that the accommodation in question was akin to hotel-type accommodation, and this type of accommodation was subject to a licensing agreement and could be restricted by a strata corporation. Further, in [https://www.canlii.org/en/bc/bccrt/doc/2017/2017bccrt82/2017bccrt82.html ''The Owners, Strata Plan VR 812 v Yu'', 2017 BCCRT 82], the CRT held that a strata lot owner using their strata lot as an Airbnb unit was in contravention of a strata corporation’s bylaw prohibiting the use of a strata lot except as a “private dwelling home” and another of the strata corporation’s bylaw prohibiting the use of a strata lot for short-term accommodation.		In ''[https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc123/2010bcpc123.html The Owners Strata Plan VR 2213 v Duncan & Owen]'', 2010 BCPC 123, the court held that the accommodation in question was akin to hotel-type accommodation, and this type of accommodation was subject to a licensing agreement and could be restricted by a strata corporation. Further, in ''[https://www.canlii.org/en/bc/bccrt/doc/2017/2017bccrt82/2017bccrt82.html The Owners, Strata Plan VR 812 v Yu]'', 2017 BCCRT 82, the CRT held that a strata lot owner using their strata lot as an Airbnb unit was in contravention of a strata corporation’s bylaw prohibiting the use of a strata lot except as a “private dwelling home” and another of the strata corporation’s bylaw prohibiting the use of a strata lot for short-term accommodation.

	A strata corporation may also be able to rely on [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc752/2018bcsc752.html ''Nanaimo (Regional District) v Saccomani'', 2018 BCSC 752] as authority that hotel-type accommodation is not a “residential use,” so even absent a bylaw, would be contrary to the intended use of the strata lot if a strata plan shows, expressly or by necessary implication, that a strata lot or common property is intended for a residential purpose.		A strata corporation may also be able to rely on ''[https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc752/2018bcsc752.html Nanaimo (Regional District) v Saccomani]'', 2018 BCSC 752 as authority that hotel-type accommodation is not a “residential use,” so even absent a bylaw, would be contrary to the intended use of the strata lot if a strata plan shows, expressly or by necessary implication, that a strata lot or common property is intended for a residential purpose.

	Finally, bylaws banning illegal uses of strata lots may be able to rely on the [https://canlii.ca/t/568mh ''Short-Term Rental Accommodations Act'', SBC 2023, c 32] in order to find vacation rentals illegal and therefore banned. [https://canlii.ca/t/jdmrk ''Rahmanian v Section 1 of The Owners, Strata Plan LMS 1866'', 2021 BCCRT 264] is an example of a similar situation, wherein a strata section used a bylaw prohibiting illegal use of strata lots to prohibit a vacation rental based on its non-compliance with a municipal bylaw.		Finally, bylaws banning illegal uses of strata lots may be able to rely on the ''[https://canlii.ca/t/568mh Short-Term Rental Accommodations Act]'', SBC 2023, c 32 in order to find vacation rentals illegal and therefore banned. ''[https://canlii.ca/t/jdmrk Rahmanian v Section 1 of The Owners, Strata Plan LMS 1866]'', 2021 BCCRT 264 is an example of a similar situation, wherein a strata section used a bylaw prohibiting illegal use of strata lots to prohibit a vacation rental based on its non-compliance with a municipal bylaw.

	== D. Age Restrictions and Rentals ==		== D. Age Restrictions and Rentals ==
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	=== 2. Creating a Tenancy ===		=== 2. Creating a Tenancy ===

	In section 1 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02078_01 ''Residential Tenancy Act'', SBC 2002, c 78] (“''RTA''”), “tenancy” means a tenant’s right to possession of a rental unit under a tenancy agreement. A “tenancy agreement” means an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit and use of common areas and services and facilities and includes a licence to occupy a rental unit.		In section 1 of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02078_01 Residential Tenancy Act]'', SBC 2002, c 78 (“''RTA''”), “tenancy” means a tenant’s right to possession of a rental unit under a tenancy agreement. A “tenancy agreement” means an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit and use of common areas and services and facilities and includes a licence to occupy a rental unit.

	Based on the decision in [https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc123/2010bcpc123.html ''The Owners, Strata Plan VR 2213 v Duncan & Owen'', 2010 BCPC 123], a bylaw prohibiting the use of all or part of a strata lot for short-term accommodation will not be effective to prevent rental of a strata lot if the parties’ relationship is determined on consideration of all relevant circumstances to create a tenancy.		Based on the decision in ''[https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc123/2010bcpc123.html The Owners, Strata Plan VR 2213 v Duncan & Owen]'', 2010 BCPC 123, a bylaw prohibiting the use of all or part of a strata lot for short-term accommodation will not be effective to prevent rental of a strata lot if the parties’ relationship is determined on consideration of all relevant circumstances to create a tenancy.

	=== 3. Notice of Tenant’s Responsibilities ===		=== 3. Notice of Tenant’s Responsibilities ===
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	=== 6. Election to Strata Council ===		=== 6. Election to Strata Council ===

	A residential or commercial tenant may be elected to strata council (s 28), provided that the landlord has assigned, in writing, the landlord’s specific right to be on the strata council (s 147). The decision in [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc780/2018bcsc780.html ''Jay v The Owners Strata Plan NW 3353'', 2018 BCSC 780] provides that there must be a tenancy agreement between the landlord and tenant to appoint the tenant as a representative to be elected to the strata council.		A residential or commercial tenant may be elected to strata council (s 28), provided that the landlord has assigned, in writing, the landlord’s specific right to be on the strata council (s 147). The decision in ''[https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc780/2018bcsc780.html Jay v The Owners Strata Plan NW 3353]'', 2018 BCSC 780 provides that there must be a tenancy agreement between the landlord and tenant to appoint the tenant as a representative to be elected to the strata council.

	=== 7. Authority to Receive Documents and Records ===		=== 7. Authority to Receive Documents and Records ===
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	A tenant may sue a strata corporation by application to the Supreme Court to seek a remedy or seek to prevent a significantly unfair action or decision of the strata corporation in relation to the tenant (s 164(1)).		A tenant may sue a strata corporation by application to the Supreme Court to seek a remedy or seek to prevent a significantly unfair action or decision of the strata corporation in relation to the tenant (s 164(1)).

	The [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 ''Civil Resolution Tribunal Act'', SBC 2012, c 25] also permits a tenant to initiate a tribunal proceeding against a strata corporation as well as a former tenant if it is regarding a matter that occurred when the person was a tenant, per [https://www.canlii.org/en/bc/bccrt/doc/2020/2020bccrt228/2020bccrt228.html ''Gill v The Owners, Strata Plan EPS 4403'', 2020 BCCRT 228].		The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 Civil Resolution Tribunal Act]'', SBC 2012, c 25 also permits a tenant to initiate a tribunal proceeding against a strata corporation as well as a former tenant if it is regarding a matter that occurred when the person was a tenant, per ''[https://www.canlii.org/en/bc/bccrt/doc/2020/2020bccrt228/2020bccrt228.html Gill v The Owners, Strata Plan EPS 4403]'', 2020 BCCRT 228.

	=== 2. Appointing an Administrator ===		=== 2. Appointing an Administrator ===
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	=== 3. Fining a Tenant ===		=== 3. Fining a Tenant ===

	A strata corporation may fine a tenant if a bylaw or rule is contravened by the tenant; a person visiting the tenant or a person admitted to the premises by the tenant for social, business, or family reasons or any other reasons; or an occupant, if the strata lot is not sublet by the tenant to a subtenant (s 130(2)). The strata corporation may also require a tenant to pay reasonable costs of remedying a bylaw or rule contravention under section 133(2). If the strata corporation fines a tenant or requires the tenant to pay such costs, it may collect the fine or costs from the tenant (s 131(1)). However, the strata corporation may not collect from both the landlord and the tenant in excess of the amount owing (s 131(1)). The strata corporation must strictly follow section 135 when enforcing a bylaw against a tenant. It is not permissible to enforce a tenant’s bylaw contraventions against the tenant’s landlord: see [https://www.canlii.org/en/bc/bccrt/doc/2022/2022bccrt205/2022bccrt205.html ''The Owners, Strata Plan KAS 1622 v Kamloops (Pacific No. 52) Branch of the Royal Canadian Legion'', 2022 BCCRT 205].		A strata corporation may fine a tenant if a bylaw or rule is contravened by the tenant; a person visiting the tenant or a person admitted to the premises by the tenant for social, business, or family reasons or any other reasons; or an occupant, if the strata lot is not sublet by the tenant to a subtenant (s 130(2)). The strata corporation may also require a tenant to pay reasonable costs of remedying a bylaw or rule contravention under section 133(2). If the strata corporation fines a tenant or requires the tenant to pay such costs, it may collect the fine or costs from the tenant (s 131(1)). However, the strata corporation may not collect from both the landlord and the tenant in excess of the amount owing (s 131(1)). The strata corporation must strictly follow section 135 when enforcing a bylaw against a tenant. It is not permissible to enforce a tenant’s bylaw contraventions against the tenant’s landlord: see ''[https://www.canlii.org/en/bc/bccrt/doc/2022/2022bccrt205/2022bccrt205.html The Owners, Strata Plan KAS 1622 v Kamloops (Pacific No. 52) Branch of the Royal Canadian Legion]'', 2022 BCCRT 205.

	If a strata corporation fines a tenant, it may collect the fines from the owner (see above, "Strata Lot Tenants and Occupants" under [[The Strata Concept (22:III)]]).		If a strata corporation fines a tenant, it may collect the fines from the owner (see above, "Strata Lot Tenants and Occupants" under [[The Strata Concept (22:III)]]).