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Rental restrictions in BC stratas: what changed and what still applies?

Sep 29
4 min read

Since November 24, 2022, no BC strata can restrict long-term rentals. Every rental-restriction bylaw became invalid that day, with no vote needed. What still applies: stratas can ban or limit short-term rentals under 90 days, 55+ age bylaws still stand, and tenants have to follow every other bylaw.


What changed on November 24, 2022?

The Province amended the Strata Property Act through Bill 44, and 2 things changed on the same day.

  • Rental-restriction bylaws ended. Any bylaw capping or banning residential rentals became invalid automatically. The strata didn't have to vote to remove it.

  • Age bylaws narrowed to 55+. A bylaw requiring at least one resident to be 55 or older is still allowed. Any age bylaw set below 55, such as an adults-only 19+ bylaw, became invalid.

Section 141 of the Act also bars a strata from restricting rentals in other ways. It can't screen tenants, set screening criteria, require approval of a tenant, or require extra terms in a tenancy agreement.


Can a strata still stop me from renting out my condo?

Not for a long-term tenancy. If you buy a unit and later move for work, a new relationship or a bigger place, you can rent it out, in any strata building in BC.


That's a real change for first-time buyers. Before 2022, a strata could cap or ban rentals, and an owner in one of those buildings who needed to move might have had to sell. That risk is gone.


One thing I'd pass along: if you see an older listing, marketing piece, or strata document describing a building as "no rentals," that line is out of date. It has no legal effect.


What rental rules do stratas still have?

Three kinds.


Short-term rentals. A strata can still ban or limit rentals shorter than 90 consecutive days, with a 3/4 vote of owners. Fines can run up to $1,000 a day if the bylaw sets that maximum.


55+ age bylaws. If the building has one, it applies to whoever lives there, owner or tenant. Since May 1, 2023, the exemptions cover a live-in caregiver, a younger spouse or partner, and children of a 55+ resident, including adult children. My read: in a 55+ building, your pool of possible tenants is smaller, and I'd factor that in if renting it out later is part of your plan.


Every other bylaw. Tenants must follow the strata's bylaws and rules, even if the landlord never gave them a copy. Whatever the bylaws say about pets, noise, move-in fees or parking applies to a tenant the same way it applies to an owner.



What does a landlord in a strata have to do?

Before the tenancy starts, you give your tenant the current bylaws and rules and a Form K, the Notice of Tenant's Responsibilities. Within 2 weeks of renting, you give the strata a copy of that Form K signed by the tenant.


Skipping the first step has a cost. If the landlord doesn't give the tenant those documents, the tenant can void the tenancy agreement within 90 days of finding out.


Can I Airbnb my condo in Vancouver, Burnaby or Richmond?

Probably not, if it's an investment unit. There are 2 sets of rules, and you have to pass both.


The first is the strata. If the bylaws ban short-term rentals, that settles it.


The second is provincial. Since May 1, 2024, the principal residence requirement applies in Vancouver, Burnaby, Richmond, Coquitlam, Surrey and other communities of 10,000 people or more. You can only offer a short-term rental in the home you live in day to day, plus one secondary suite or accessory unit on the same property. A condo you don't live in doesn't qualify.


So if a listing pitches a condo as "Airbnb potential," I'd check both sets of rules before believing it.


What should I check in the strata documents?

Read the bylaws for 3 things: a short-term rental bylaw, a 55+ age bylaw, and any fines schedule that goes with them. Then skim the last 2 years of minutes for rental complaints or a short-term rental bylaw in the works.


I wrote a longer list of which strata documents to read before you buy, and the rental bylaws fit into that same review.


My position: for most first-time buyers, the 2022 change works in your favour. If your plans change, you can rent the unit out instead of having to sell. The trade-off is that you can't pick a building by its rental cap anymore, so if owner-occupancy matters to you, ask the strata manager or read the minutes for a sense of who lives there.


Frequently asked questions


Can a BC strata ban rentals in 2026?

No, not long-term rentals. Since November 24, 2022, every residential rental-restriction bylaw in BC is invalid. A strata can still ban or limit short-term rentals of less than 90 consecutive days by a 3/4 vote of owners.


Do old rental-restriction bylaws still apply if the strata never removed them?

No. The Province invalidated them automatically on November 24, 2022, so the strata didn't have to vote them out. If an old bylaw still appears in the registered bylaws, it has no effect.


Can a strata approve or reject my tenant?

No. Under section 141 of the Strata Property Act, a strata can't screen tenants, set screening criteria, require approval of a tenant, or require extra terms in the tenancy agreement.


Can I rent my unit in a 55+ building to a younger tenant?

The age bylaw applies to whoever lives in the unit, so a younger tenant would need to fit an exemption. Since May 1, 2023, those cover live-in caregivers, younger spouses or partners, and children of a resident who's 55 or older.


Do tenants have to follow strata bylaws?

Yes. Tenants must follow the strata's bylaws and rules even if the landlord never gave them a copy. The landlord has to provide the bylaws, the rules and a Form K before the tenancy starts.


Barton Lui is a REALTOR® with Real Broker in Vancouver. He works mostly with first-time buyers across Metro Vancouver and speaks English, Cantonese and Mandarin.



Reach him at 604-715-5568 or barton@bartonrealtor.com.

 
 
 

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