STRATA PROPERTY ACT
October 28, 2003
Information on Age Bylaws
October 20, 2003
Information on Pet Bylaws
June 12, 2003
Information on Rental Bylaws
INFORMATION ON AGE BYLAWS
October 28, 2003
Prior to the Strata Property Act, age restrictions were a source of controversy amongst owners in a strata complex. With the passing of the Strata Property Act, this controversy has been resolved.
Bylaws passed by a strata council cannot restrict the age of the owner of a strata lot. However, section 121(2)(c) of the Strata Property Act states that a bylaw is enforceable if it restricts the age of occupants who reside in the strata lot. Basically, a strata council cannot restrict who owns the unit, but they can restrict who resides there.
Please note that such age restriction bylaws will not apply to persons who reside in the strata lot at the time the bylaw is passed, as per section 123(2) of the Strata Property Act. Further, assuming rentals are allowed, an age restriction bylaw will not apply to tenants, as this would conflict with the Human Rights Code.
Please remember that the Strata Property Act may frequently change. While we try to keep our website up do date as much as possible, please do not rely upon the information without talking to one of our lawyers.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice regarding your own situation.
Copyright © 2005 by Spagnuolo & Company Real Estate Lawyers. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
INFORMATION ON PET BYLAWS
October 20, 2003
Pets are quite often controversial issues when living in a strata complex. The Strata Property Act leaves the regulation of pets to the Standard Bylaws found in the Act.
Owners have the right, through a properly passed bylaw, to regulate pets that may reside in a strata unit. The only restriction to this is found in section 123(1) of the Strata Property Act which states that a bylaw which prohibits pets will not apply to a pet living with an owner (or a tenant or occupant) at the time the bylaw is passed.
The Standard Bylaws of the Strata Property Act also sets a standard of reasonableness for the number and kind of pet. Section 3 of the Standard Bylaws states that an owner must not use the strata lot in a way that causes a nuisance or hazard, or causes unreasonable noise, or unreasonably interferes with the rights of other persons to use and enjoy the common property. Further, an owner, tenant, occupant or visitor must ensure that all animals are leashed or otherwise secured when on the common property or on land that is a common asset.
Finally, even in the absence of a bylaw prohibiting pets, an owner tenant or occupant must not keep any pets on a strata lot other that one or more of the following:
(a) a reasonable number of fish or other small aquarium animals;
(b) a reasonable number of small caged mammals;
(c) up to 2 caged birds;
(d) one dog or one cat.
Please remember that the Strata Property Act may frequently change. While we try to keep our website up do date as much as possible, please do not rely upon the information without talking to one of our lawyers.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice regarding your own situation.
Copyright © 2005 by Spagnuolo & Company Real Estate Lawyers. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
INFORMATION ON RENTAL BYLAWS
June 12, 2003
The rental of strata lots is governed by Part 8 of the Strata Property Act, which allows a strata corporation to regulate the rental of a residential strata lot. The Strata Council may approve a rental restriction bylaw which can:
- prohibit the rental of residential strata lots;
- limit the number of residential strata lots that may be rented (such a bylaw must set out the procedure to be followed in administering the limit); or
- limit the length of time the residential strata lots may be rented.
Unless the owner is a first purchaser of a strata lot (i.e. the first purchaser is the owner who bought from the developer), a rental restriction bylaw does not apply to a strata lot until the later of one year after a tenant who is occupying the strata lot at the time the bylaw is passed ceases to occupy it as a tenant, and one year after the bylaw is passed.
Different exemptions apply if the owner of the strata lot is the first purchaser. If a Rental Disclosure Statement ("RDS") has been filed with the Superintendent of Real Estate pursuant to the Strata Property Act, a rental restriction bylaw will not apply until the earlier of the date the strata lot is conveyed by the first purchaser and the date disclosed in the RDS. Where the RDS discloses an "indefinite" expiry date, the first purchaser of that strata lot is effectively exempted from any rental restriction bylaw. This exemption does not pass to a subsequent purchaser. If the RDS discloses a definite expiry date, the purchaser is in the same position as a subsequent purchaser on the expiry date. Where a RDS has been filed under the Condominium Act, a rental restriction bylaw will not apply until the earlier of the strata lot is conveyed by the first purchaser and the date the RDS expires. Subsequent purchasers will be subject to a rental restriction bylaw on the earlier of the date the RDS expires and January 1, 2006.
Please note that rental bylaws will not apply to a unit if the owner wishes to rent the unit to a family member (a spouse of the owner or a parent or child of the owner or of the owner's spouse). Further, there may be an exemption allowed by the strata corporation because the rental restriction bylaw causes hardship (the application must be in writing and the strata corporation must give its decision within certain time limits, failing which the exemption is allowed; furthermore, the strata corporation must not unreasonably refuse to grant an exemption).
Please remember that the Strata Property Act may frequently change. While we try to keep our website up to date as much as possible, please do not rely upon the information without talking to one of our lawyers.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice regarding your own situation.
Copyright © 2005 by Spagnuolo & Company Real Estate Lawyers. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.