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Difference between revisions of "Strata Law and Residential Tenancies of Strata Lots (Condominiums) (19:XII)"
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Strata Law and Residential Tenancies of Strata Lots (Condominiums) (19:XII) (view source)
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{{LSLAP Manual TOC|expanded = landlord}} | {{LSLAP Manual TOC|expanded = landlord}} | ||
The ''Strata | 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 == | == A.The Law Under the Strata Property Act == | ||
The | 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): | 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 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 | *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 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 125 gives the strata corporation the power to make rules governing use, safety and condition of the common property and assets; | ||
*s | *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 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 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; | ||
