Difference between revisions of "Strata Law and Residential Tenancies of Strata Lots (Condominiums) (19:XII)"

*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”.

'''NOTE:''' As a practical matter, it may be difficult for a Strata Corporation to evict a tenant, despite ss 137-138 because the Residential  Tenancy Branch has been unwilling to recognize a Strata as a “Landlord” as defined in the RTA.  

*s 141 permits a strata corporation to pass a bylaw restricting rentals by: prohibiting rentals entirely; limiting the number or percentage of units that may be rented; or limiting the period of time for which units may be rented (i.e. requiring fixed term tenancies);  

*s 142 provides that “restrictions” do not apply to prevent rental of a unit to a member of the owner’s family; “family” is defined in the Regulations, s 8.1;  

*s 143 contemplates a “grandfather” clause allowing present tenants to remain until the end of their tenancy;   

*s 144 permits an owner to apply for exemption from a rent restriction bylaw in cases causing hardship to the owner; “hardship” is not defined, and will depend on the facts of the case. Mere financial difficulty is often not enough;  

*s 145 provides that if a tenant is renting without knowledge of a rental restriction bylaw, the tenant may end the tenancy agreement without penalty by giving notice to the landlord within 90 days of finding out about the bylaw. Also, the tenant can claim reasonable moving expenses  in such a situation to a maximum value of one month’ s rent;  

*s 146 requires a landlord to give a prospective tenant (before renting) a copy of the current bylaws and rules, and a Notice of Tenant’s Responsibilities in the prescribed form. Within two weeks of renting, the landlord must give the strata corporation a copy of the Notice of  Tenant Responsibilities signed by the tenant. If the landlord fails to comply with s 146, the tenant is still bound by the bylaws and rules, but may choose to end the tenancy within 90 days of finding out. The tenant can claim reasonable moving expenses to a maximum value of one month’s rent;  

*s 147 allows an owner to assign to a tenant some or all of the powers and duties of a landlord under the ''Strata Property Act'', but this  must be done in writing and copied to the strata corporation; and  

*s 148 defines a “long term lease” as a lease for a set term of three years or more. Such a lease confers the powers and duties of the landlord  onto the tenant for the term of the lease. The landlord must not deal with his or her interest in the strata lot during a long-term lease in a way that would unreasonably interfere with the rights of the tenant.  

*A landlord can force a tenant to sign Form K, which means a tenant must follow the strata bylaws. The landlord must provide a Form K to the tenant. It is important the tenant reads the bylaws before signing, as the tenant may be liable for a contravention.  

'''NOTE:'''               A   helpful   web   site   that   contains   the   consolidated SPA,   regulations,   highlights   and information bulletins is available at http://www.fic.gov.bc.ca/?p=strata_property/index. The web site for the Condominium Home Owners Association of B.C. (CHOA) also holds valuable information at http://www.choa.bc.ca.  

The ''Civil Resolution Tribunal Act'', SBC 2012, ch 28 [CRTA] was enacted in May of 2012 and is expected to come fully into force by the autumn of 2015 with the establishment of a Civil Resolution Tribunal [CRTA]. The CRT will have jurisdiction to hear a wide variety of strata disputes. It is anticipated that this new tribunal will facilitate the early resolution of disputes between condo owners and strata councils. According  to the BC Ministry of Justice, the CRTA will handle a limited range of Small Claims matters as well as strata disputes regarding issues such as:  

Certain issues will continue to be heard in BC Supreme Court. The CRT will not handle matters involving land, nor those involving  more complex  administrative matters. Some examples of matters the CRT will '''not''' handle: