Residential Tenancies in Strata Lots (Condominiums) (19:XIV)
Revision as of 07:02, 3 July 2016 by Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = landlord}} The ''Strata Property Act'', S.B.C. 1998, c. 43, [SPA] and the ''Strata Property Regulation'', B.C. Reg. 43/2000, [SPR]...")
The Strata Property Act, S.B.C. 1998, c. 43, [SPA] and the Strata Property Regulation, B.C. Reg. 43/2000, [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. Below is a brief description of the SPA as it relates to landlords and tenants.
A.The Law Under the Strata Property Act
The definition section refers to both “landlord” and “tenant”. A tenant is a person who rents all or part of a strata lot, and includes a sub-tenant, while a landlord can include a tenant who rents to a sub-tenant.
Part 7 of the SPA covers bylaws, rules, fines, and eviction (ss 119 - 138):
- s 120 provides for standard form bylaws, which can be amended;
- s 123 states that a bylaw prohibiting pets does not apply to a pet already living with a tenant when the bylaw is passed. This section also deals with age bylaws. Tenants can be well-served by reviewing the Human Rights Code to see if the bylaw is enforceable (see s 121(1)(a) of the SPA as it relates to age). Specifically, see section 10 of the Human Rights Code;
- s 124 states that bylaws can provide for a voluntary dispute resolution process and statements or documents made only for the purpose of such voluntary dispute resolution cannot be used later at Court or dispute resolution;
- s 125 gives the strata corporation the power to make rules governing use, safety and condition of the common property and assets;
- s 130 permits fines to be levied if a tenant or his or her guest contravenes a bylaw or rule; see section 133, which speaks to maximum amount of fines. See section 7.1 of the Regulations for maximum amounts. If a strata lot is tenanted, the tenant should be fined;
- s 131 provides that the strata corporation may collect fines levied against a tenant from a landlord/owner, but cannot fine the landlord/owner directly. If the landlord/owner pays a fine levied against the tenant, the tenant owes the landlord/owner the amount paid; section 7 of the RTA, sets out “fees” that landlords can charge provided they do not contradict s 131 of the SPA;
- s 133 allows for the strata corporation to also recover reasonable costs of remedying a contravention of the bylaws from the person whom they fined pursuant to s 130;
- s 134 states that the strata corporation may, for a reasonable length of time, deny a tenant the use of a recreational facility that is common property if the tenant (or guest of the tenant) has contravened a bylaw or rule relating to the recreational facility;
- s 135 states that the strata corporation must not impose fines or deny the use of recreational facilities unless the particulars of a complaint have been given in writing and reasonable opportunity is given to answer the complaint, including a hearing if requested by the tenant. The strata corporation must also give prompt notice in writing of any decision it reaches concerning a fine or denial of recreational facility; this is a technical section. Often strata corporations do not comply with it very well and technical defenses are available on a close reading of the section and the correspondence on the file;
- s 137 permits a landlord to issue a one-month Notice To End Tenancy under RTA s 47 for “a repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant”; and
- s 138 permits the strata corporation to issue a one month Notice To End Tenancy under RTA s 47 for “a repeated or continuing contravention of a reasonable and significant bylaw or rule...that seriously interferes with another person’s use and enjoyment of a strata lot, the common property or the common assets”.