Difference between revisions of "Strata Law and Residential Tenancies of Strata Lots (Condominiums) (19:XII)"
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{{LSLAP Manual TOC|expanded = landlord}} | {{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] 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. | 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 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. | 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. | ||
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*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 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 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; | ||
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*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”. | *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. | |||
Part 8 of the SPA governs “rentals” (ss 139-148): | Part 8 of the SPA governs “rentals” (ss 139-148): | ||
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*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 (often referred to as a “Form K”. 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 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 (often referred to as a “Form K”. 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 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. | *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. | ||
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SPA Form K is a notice of tenant’s responsibilities: | SPA Form K is a notice of tenant’s responsibilities: | ||
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. | *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 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 www.choa.bc.ca. | '''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. | ||
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