A 55+ strata in BC is one with a bylaw requiring residents to be at least a certain age, never lower than 55. Since 2022 a strata cannot ban or limit rentals, so owners in these buildings can rent out their units, but the age bylaw still decides who may live there, and that includes tenants.
Can a BC strata restrict residents by age?
Only in one way. Section 123.1 of the Strata Property Act bars age restrictions except a bylaw requiring one or more residents of a strata lot to have reached a specified age of at least 55. A bylaw can require that of every resident or of at least one, depending on how it is worded.
Can an owner rent out a unit in a 55+ strata?
Yes. Section 141 of the Act now says a strata corporation must not screen tenants, require their approval or otherwise restrict the rental of a strata lot. That does not override the age bylaw, which governs who may reside in the lot whoever owns it. In practice the landlord rents only to tenants the bylaw allows. See what the 2022 change means.
Who is exempt from a strata age bylaw?
Section 123.2 and section 7.01 of the Strata Property Regulation exempt:
- a person who lived in the lot lawfully just before the bylaw passed and still lives there;
- a live-in caregiver for a resident who depends on care because of disability, illness or frailty;
- a child (under 19) whose caregiver is a resident who meets the age or the first exemption;
- an adult living with such a resident who was their caregiver before they turned 19; and
- the spouse of such a resident, including a marriage-like partner.
Is a 55+ rental age discrimination?
Not where every rental unit is reserved for 55+. Section 10(2)(b) of the Human Rights Code exempts age and family status where every rental unit in the premises is reserved for a person aged 55 or older, or for two or more people at least one of whom is. See who landlords cannot refuse.
Frequently asked questions
What must a landlord give a strata tenant?
Under section 146, the current bylaws and rules and a Notice of Tenant's Responsibilities (Form K) before renting, and the signed Form K to the strata within two weeks. See our Form K guide.
What if the landlord does not?
The tenant is still bound by the bylaws but may end the tenancy without penalty within 90 days of learning of the failure, and the landlord must pay reasonable moving costs up to one month's rent.
Can the strata fine a landlord for a tenant who is too young?
The strata enforces its bylaws through its usual process; see renting out a strata unit.
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