Dear Tony: Our strata council has been having an ongoing dispute about how rentals in our strata are managed.
The president of council and property manager say that as long as we have a bylaw that includes all rentals in the rental count, then that is what applies. But we have read several articles and guides that indicate we are not permitted to include those rentals.
At our last council meeting, an owner requested permission to rent but the strata president and manager denied the request stating we were already three over our maximum number of 10 rentals. The owner has demanded a copy of our rental inventory to make the council prove that all of the rentals apply.
As council members, we know that there is one hardship rental, three family rentals and two owner-developer exemptions.
If we count this according to the act, we have at least one exemption, but the council president and property manager refuse to release the information.
How do we resolve this impasse?
Abby M., Abbotsford
Dear Abby: The first rule of bylaws is that strata corporations cannot adopt bylaws that do not comply with the Strata Property Act, Regulations or any other enactment of law.
Contrary to some opinions, the Strata Property Act is not a guideline — it is a provincial law.
Section 142 of the Act specifically says that for the purpose of rentals, a family member or hardship exemption is not to be considered when administering a rental count.
In addition, a bylaw that prohibits or limits rentals does not apply to those exemptions created under an enforceable owner-developer rental exemption.
If a strata corporation has a bylaw that limits rentals to a specific number, then it is critical that the strata maintains a rental inventory to identify which strata lots are rented, the status of each rental (indicating whether it is included in the count or exempt under the act) and a waiting list with a clear procedure, as identified in the bylaw, for those persons wishing to rent their strata lots.
Under your strata bylaws, if you consider just the three family rentals and one hardship are both excluded from the enforcement count, your strata does have at least one vacancy available, in addition to the owner-developer exemptions.
Decisions of strata councils are made by a majority vote. Neither the president nor any other council member has a veto vote over the decision of the strata council, and the property manager is an agent of the corporation and follows the instructions set out by the strata council.
At your next council meeting, put the rental issue on the agenda and vote by majority that the strata either propose that the bylaw be amended or that you seek legal advice and change your practice on how the bylaw is being enforced.
Rentals are a common are of misunderstanding and cause administration problems for many strata corporations.
CHOA and Landlord B.C. are hosting public seminars dedicated solely to strata rentals and tenants at no cost on Wednesday May 6 at the Vancouver Public Library, 6:30-9:30 p.m. Advanced registration is required because space is limited. Please email [email protected] or call 1-877-353-2462 ext 2.
Tony Gioventu is executive director of the Condominium Home Owners’ Association. Online: www.choa.bc.ca.
Email: [email protected]
