Rentals and Short-Term Accommodation (22:XI): Difference between revisions

Restricting the rental of any strata lot is prohibited under section 141 of the ''SPA''. As a result, a bylaw that restricts the rental of a strata lot is not enforceable. Effective November 24, 2022, a strata corporation also may not prohibit or otherwise restrict the rental of a residential strata lot, but may, by bylaw, limit the use of residential strata lots.

A “tenant” is defined in section 1(1) of the ''SPA'' as a person who rents all or part of a strata lot and includes a subtenant. A roommate falls within the definition of “tenant” under the ''SPA''.

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.

Before a landlord rents all or part of a residential strata lot, the landlord must give the tenant a copy of the current bylaws and rules and a Notice of Tenant’s Responsibilities (Form K of the ''SPR'') (s 146(1)(a) and (b)). Within two weeks of renting all or part of a residential strata lot, the landlord must give the strata corporation the Notice of Tenant’s Responsibilities, executed by the tenant (s 146(2)).

An owner of a strata lot, as landlord, may assign to a tenant some or all of the powers and duties of the strata lot owner that arise under the ''SPA'' or by virtue of bylaws and rules (s 147(1)). The assignment is not effective until the landlord gives the strata corporation written notice stating the name of the tenant, the nature of the powers and duties assigned, and the time period during which the assignment is effective. There is no prescribed form for this purpose (s 147(2)).

Under section 148, an assignment of a landlord’s powers and duties is automatic for a long-term residential lease. A “long-term lease” is a lease of three years or more (s 148(1)). A residential strata lot under a long-term lease is a deemed assignment of the landlord’s powers and duties, but the tenant must give the strata corporation written notice of the assignment before it is effective (s 148(3)). There is no prescribed form for this purpose.

The strata corporation must give a copy of the notice received from the tenant to the landlord and to the strata lot owner if the owner is not the landlord (s 148(4)); for example, in the case of subletting.

There are some powers and duties that the owner may not assign, such as liability for fines or the costs incurred by the strata corporation to remedy a tenant’s contravention of bylaws or rules. Similarly, the tenant with an automatic assignment under section 148 may not exercise the powers or duties of an owner in a few specified instances that deal with disposition of an interest in land by the strata corporation, unless the owner consents (s 148(6)).

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.

Annual or special general meetings require two weeks’ written notice. The notice must go to a tenant if the tenant has an assignment of the landlord’s rights and the strata corporation has received notice of the assignment (s 45(1(c)). A tenant with an assignment from a landlord of the landlord’s right to vote may vote at a general meeting, provided that the strata corporation has received notice of the assignment (s 45(1)(c)).

A tenant may request, in writing, a hearing of strata council and attend a council meeting for that purpose (s 34.1).

According to section 155, a tenant is another named insured on the strata corporation’s insurance policy. Therefore, where a tenant occupies a strata lot and suffers damage as a result of a loss, the tenant is entitled to claim on the strata corporation’s insurance in circumstances where the owner of the strata lot could do so, despite not being an owner in the strata corporation.

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, as a person with an interest in a strata lot, may apply to the Supreme Court for the appointment of an administrator to exercise the powers and perform the duties of the strata corporation (s 174(1)).

Both the tenant and a strata corporation can refer a dispute between each other to arbitration under section 177 of the ''SPA''.

If a tenant owes money to the strata corporation, the strata corporation must give the tenant two weeks’ written notice demanding payment and indicating that action may be taken if payment is not made within two weeks (s 112(1)). If the money is not paid, the strata corporation can pursue a lawsuit, arbitration, or initiate a proceeding against the tenant.

A repeated or continuing contravention by a tenant of a reasonable and significant bylaw or rule allows the landlord to give the tenant notice terminating the tenancy agreement under section 47(1) of the ''RTA'' (s 137). The strata corporation can stand in the place of the landlord if the tenant repeatedly contravenes a significant and reasonable bylaw or rule that seriously interferes with another person’s use and enjoyment of a strata lot or the common property.

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)]]).

A strata corporation may, for a reasonable length of time, deny a tenant the use of a recreational facility that is common property or a common asset if the tenant has contravened a bylaw or rule relating to the recreational facility (s 134).