Prohibition on Rental and Age Restrictions in Strata Buildings
On November 24, 2022, Bill 44, the Building and Strata Statutes Amendment Act, 2022 (the “Act”), was enacted and removed most rental and age restrictions in strata buildings. The amendments became effective immediately on November 24, 2022.
REALTORS® need to be aware of the impact of these changes for existing owners, buyers, and sellers.
The Act removed two rights of strata corporations to pass bylaws that could control occupancy, rental and use of strata lots:
- Prohibition of rental restrictions; and
- Removing the right to have age restrictions within a strata building, other than 55+
Rental Restrictions
The Act prohibits rental restrictions in several ways. Firstly, by repealing the requirement for developers who intend to rent strata lots to prepare a rental disclosure statement. Since January 1, 2010 developers have been required to file rental disclosure statements if they intend to rent or preserve the right to rent, all strata lots (or a portion thereof) either as the developer or by successive owners of the strata lots. Since 2010 most developers have filed rental disclosure statements, except for certain developments located in areas where “owner-occupied” buildings would be more desirable to prospective purchasers.
Age Restrictions
The Act repealed existing section 123 of the Strata Act which gave strata corporations the ability to enact bylaws related to pet and age restrictions and replaced it with provisions just related to pets and animals.
The Act added sections 123.1 and 123.2 to the Strata Act. Section 123.1 states that the only age restriction allowed is now 55 and over:
Other Amendments
The Act also amended other portions of the Strata Act, such as bylaws within the Standard Schedule of Bylaws related to rental restrictions, and removed the requirement for strata corporations to confirm the number of strata lots rented on the Strata Form B.
Bill 44 also allows for electronic attendance at an annual or special general meeting without needing a specific bylaw.