Difference between revisions of "Strata Law and Residential Tenancies of Strata Lots (Condominiums) (19:XII)"
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 2, 2023}} | ||
{{LSLAP Manual TOC|expanded = landlord}} | {{LSLAP Manual TOC|expanded = landlord}} | ||
The ''Strata Property Act'' (SPA)and the ''Strata Property Regulation'' (SPR) govern strata properties. Persons renting a residential condominium are tenants under the RTA. Such tenants are also subject to Parts 7 and 8 of the SPA. | The ''Strata Property Act'' (SPA)and the ''Strata Property Regulation'' ''(SPR)'' govern strata properties. Persons renting a residential condominium are tenants under the ''RTA''. Such tenants are also subject to Parts 7 and 8 of the ''SPA''. For more information, visit [[https://wiki.clicklaw.bc.ca/index.php?title=Introduction_(22:I)|Chapter 22: Strata Law]]. | ||
Section 138 of the ''SPA'' allows a strata corporation to evict a tenant of a residential strata lot by issuing a Notice to End Tenancy under ''RTA'' s 47 for a repeated or continuing contravention of a reasonable and significant bylaw or rule if the contravention seriously interferes with another person's use and enjoyment of a strata lot, the common property, or the shared assets. Although a Strata is not included in the definition of "landlord" in the ''RTA'', it is considered a landlord when issuing a notice to end a tenancy under section 47 of the ''RTA'', defending any application disputing that notice, and seeking an order and writ of possession about that notice. | |||
If a tenant disputes the Notice to End Tenancy, the director will determine whether: | |||
* The tenant repeatedly or continuously contravened a bylaw or rule; and | |||
* The contravention of that bylaw or rule seriously interfered with another person’s use and enjoyment of a strata lot, the common property or the common assets. | |||
The director does not have jurisdiction to determine whether a strata bylaw or rule is legally valid. | |||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} |