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Strata Rental Bans Are Gone: What BC's 2022 Change Means
ArticleBritish Columbia

Strata Rental Bans Are Gone: What BC's 2022 Change Means

Since November 24, 2022, BC stratas cannot ban, cap or approve long-term rentals. Here is what changed, what stratas can still restrict, and what owners still have to do.

For years, many older BC condo buildings capped or banned rentals. Owners who moved away had to sell, leave the unit empty, or join a waiting list for one of a handful of rental permits. Buyers read the rental disclosure before they bought. If you still think of your building that way, the rules have moved on.

In November 2022 the Province ended strata rental-restriction bylaws across BC. Some owners still hear "the strata won't allow it" from a neighbour or an outdated document. This article explains exactly what changed, what a strata can still restrict, and what it means if you want to rent your unit now.

Renting After the Strata Ban Ended

A checklist for BC owners renting a unit in an older strata after the 2022 change: what is now invalid, what the strata can still restrict, and the Form K steps that still apply.

Get Free PDF →

What changed on November 24, 2022

Infographic: how BC ended strata rental bans on November 24, 2022

On November 21, 2022 the Province announced amendments to the Strata Property Act to end all strata rental-restriction bylaws. Its release said rental restrictions were already banned in stratas formed since January 1, 2010, and that the change extended the ban to older stratas, where it estimated about 300,000 units might still be subject to rental bans.

The Province's strata legislation page sets out the result:

  • As of November 24, 2022, no strata corporation or section may have a residential rental-restriction bylaw.
  • All strata rental-restriction bylaws are invalid.
  • No strata bylaw changes are required, because the legislation itself changed.

Why the Province made the change

The stated aim was supply. Using Speculation and Vacancy Tax data, the Province said there were nearly 2,900 vacant units in strata buildings with rental restrictions in 2021, in the areas the tax covers. It expected those homes to become available to renters once the bans ended, and said some owners might also choose to rent out a room in their condo. The release also said the change fulfilled a recommendation of the Province's Rental Housing Task Force.

What the Act says now

Sections 139, 140 and 142 to 145 of Part 8 are repealed. Section 141 now says the strata corporation must not screen tenants, establish screening criteria, require the approval of tenants, require terms to be inserted in tenancy agreements, or otherwise restrict the rental of a strata lot.

The Rental Disclosure Statement, Form J, has also been repealed from the Strata Property Regulation.

The same law limited age-restriction bylaws. Since November 24, 2022 the only allowed age bylaw is one requiring residents to have reached an age of not less than 55, with exemptions for some caregivers and residents who already lived there. On May 1, 2023 further exemptions took effect for children, including adult children, and younger spouses or partners.

Pro Tip: If a strata manager or council member says a rental cap still applies, ask in writing which bylaw they rely on. Then point them to section 141 of the Strata Property Act and the Province's November 24, 2022 change.

What a strata can still restrict

Infographic comparing BC strata powers before and after the 2022 change

The change removed rental bans. It did not remove the strata's power to regulate how units are used.

Before Nov 24, 2022 (older stratas)Now
Bylaw could cap or ban long-term rentalsInvalid; the strata must not restrict rental of a strata lot
Short-term rental bans and limitsStill allowed; fines up to $1,000 per contravention, as often as daily
Age bylaws such as "19 and over"Only 55-plus bylaws, with exemptions
Family-member tenants automatically had long-term tenant rightsOwner must assign rights and give the strata written notice
Pet, smoking, noise and other use bylawsStill apply, and bind tenants

The Province's short-term rental bylaws page explains the line: long-term rentals are residential tenancies, usually under the Residential Tenancy Act, while short-term rentals are treated as a licence to occupy and a commercial use. A strata may pass a short-term rental bylaw by a 3/4 vote.

The duties that come with renting a strata lot also survived. Before you rent, you must give the tenant the current bylaws and rules and a Form K, Notice of Tenant's Responsibilities. Within 2 weeks, you give the strata the signed copy (s.146).

Common mistakes

  1. Believing an old rental cap still applies. A bylaw limiting the number of rented units is invalid, and so is any waiting list built on it.
  2. Letting the strata "approve" the tenant. A council that asks for an application, references or an interview before move-in is doing what s.141 prohibits.
  3. Assuming the change covers Airbnb. It does not. Short-term rental bylaws remain, and so do provincial and local short-term rental rules.
  4. Skipping Form K because "rentals are allowed now." The ban went; the paperwork did not. Missing Form K lets a tenant end the tenancy within 90 days of learning of it, with you paying moving costs up to one month's rent.
  5. Forgetting the age bylaw. In a valid 55-plus building, the age requirement applies to residents, including tenants, subject to the exemptions.
Pro Tip: Renting a room now works too. Section 146 applies when you rent "all or part" of a residential strata lot, so the same bylaws-and-Form K steps apply to a room rental.

If you own more than one older unit

Owner reviewing strata bylaws and a Form K before renting a condo unit

Owners and managers who held units in pre-2010 buildings sometimes kept them off the market for years. If you are bringing several back at once:

  • Check each building's bylaws for a short-term rental bylaw and an age bylaw. Those are the restrictions that still bite.
  • Ask each strata manager to confirm in writing that any old rental-restriction bylaw is treated as invalid. Most will; a written answer settles it.
  • Use the same move-in pack for every unit: the tenancy agreement, current bylaws and rules, Form K, and a move-in condition inspection.
  • Diary the 2-week date to give each strata its signed Form K.

How Tenon10 helps

Tenon10 generates a BC tenancy agreement with every detail the Act requires and the standard terms copied word for word from the current Regulation, and the fillable RTB-27 Condition Inspection Report, so each newly rentable unit starts with a written agreement and a move-in inspection report that meet the Act's requirements.

FAQ

Did my strata have to vote to remove its rental bylaw?

No. The Province says no bylaw changes were required; the legislation made all rental-restriction bylaws invalid as of November 24, 2022.

Can the strata limit how many units are rented?

No. A cap is a restriction on renting a strata lot, which s.141 prohibits.

Can my strata still ban short-term rentals?

Yes. A strata can limit or ban short-term rentals by bylaw, passed by a 3/4 vote, with fines up to $1,000 per contravention that can be imposed daily.

Do I still need to give my tenant Form K?

Yes. Before renting, the tenant gets the current bylaws and rules and Form K; the strata gets the signed copy within 2 weeks.

Renting After the Strata Ban Ended

A checklist for BC owners renting a unit in an older strata after the 2022 change: what is now invalid, what the strata can still restrict, and the Form K steps that still apply.

Get Free PDF →

Ready to rent the unit you couldn't before?

Tenon10 generates a BC tenancy agreement with the current standard terms and the fillable RTB-27 inspection report for every unit you bring back to the rental market.

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Written by

Tenon10 Research Team

Editorial Team

Our research team delivers timely, accurate real estate insights.

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