We wanted to let you know that there are now significant changes coming to Strata Rental Restrictions here in BC.

Here is a summary of the changes:

Announced  Today  Nov 22 2022

Strata Property Act – Changes https://news.gov.bc.ca/releases/2022PREM0065-001745

To help deliver more good homes for people, the Province is introducing new laws to build the homes people need, make it possible for homes that are vacant to be rented and remove discriminatory age and rental restrictions in stratas that hurt young families.

Minster Eby-

            “As a first step in my 100-day plan, we are making changes to deliver more homes for British Columbians, faster. We will work with municipalities to set housing targets and make sure the homes people need get built. For those searching for a home today, there's good news. We're making it possible for thousands of condos that are vacant to be rented out as soon as these new laws pass. For those worried about the future, we're setting out a new way to co-ordinate the efforts of our cities and the Province to build the homes people need quickly.”

In addition, the Province is making amendments to the Strata Property Act to end all strata rental-restriction bylaws and to limit age-restriction bylaws so that the only permitted age restriction is to preserve and promote seniors' housing through the “55 and over” rule in strata housing. Some buildings have “19+ only” age restrictions that mean couples starting a family have to plan to move out as soon as they become pregnant. Stratas will be able to appear at the Residential Tenancy Branch to evict problem tenants and recover costs of those appearances. 

In areas where government has data through the Speculation and Vacancy Tax, there are approximately 2,900 empty condos that cannot be rented out because strata rules prevent them from renting out their condo, and government expects there are more empty units in strata buildings in other parts of the province. This amendment will enable owners to rent out these badly needed homes immediately. Government also expects that some owners in strata buildings would choose to rent out a room in their condo if they were given the opportunity to do so.

If approved, the changes to the Strata Property Act would take effect immediately. Bylaws restricting short-term rentals, such as AirBnBs, will continue to be allowed.

“Amendments to the Strata Property Act, if passed, would remove all rental restrictions from all B.C. strata buildings, which Eby estimated would turn thousands of empty units into homes for renters.

It would also make it illegal for stratas to have 19-plus age restrictions to force out young families when they have a child. “Seniors only” stratas will still be allowed”.

https://vancouversun.com/news/local-news/new-b-c-housing-laws-will-lift-rental-restrictions-in-strata-set-housing-targets-for-municipalities

While there is no legislation that requires strata corporations to approve their council meeting minutes, it is always good practice for strata to do so, and most follow this practice. Some strata have bylaws that dictate what the strata is required to do in terms of its meeting minutes, so it’s good practice to check for and be aware of these.

Unfortunately, if the strata do not have any such bylaws and do not follow the practice of approving meeting minutes, there is no way to check that you’ve been provided with all the minutes.

If the strata do approve its meeting minutes:

• Step 3: Check that each set of minutes received was approved at the subsequent meeting.

• Step 4: If a set of minutes is approved at a meeting, but those minutes were not included in the strata documents package you received, you are missing a set of meeting minutes. Follow up with the strata to obtain the missing set of minutes.

Was a meeting held within the last two weeks? Many strata corporations have bylaws that require the strata council to “inform owners of the minutes of all council meetings within 2 weeks of the meeting, whether or not the minutes have been approved.”

• Step 5: If the strata have such a bylaw and a meeting had been scheduled more than two weeks ago, you should have received the meeting minutes. If you haven’t, follow up with the strata to obtain the missing set of minutes.

Follow this five-step process to ensure you have all the strata council and the general meeting minutes.

Next, we’ll discuss what licensees need to know when serving on strata councils. If you have any suggestions for other topics you’d like us to cover, please let us know at info@bchomegroup.ca.

Disclaimer: The information provided is for general purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided, any hypertext links or other general information without first seeking appropriate legal or other professional advice.

Strata Tip of the Week - Did you get the latest, enforceable set of bylaws?

We’ve completed quite a few strata document reviews lately where we found that the buyers were not provided the latest set of bylaws. So, in this email, we’ll go over how you can ensure you have the latest, enforceable set of bylaws.

Where can I find the strata corporation’s bylaws?

All strata corporations in BC should have bylaws filed with the Land Title and Survey Authority (LTSA). These can either be the Standard Bylaws or, if the strata has amended its bylaws, the strata’s unique set of bylaws.

To confirm that you have the latest set of enforceable bylaws, we recommend that you always pull them directly from the LTSA.

What’s the correct process for approving new bylaws?

When a strata corporation wants to amend a portion of or all of its bylaws, it should follow these steps:

• Send out a general meeting notice with the bylaw amendment resolutions it is proposing.

• Hold the general meeting, which allows the owners to discuss and vote on the bylaw amendments being proposed.

• If approved, file the newly approved bylaws with the LTSA.

Only once filed with the LTSA, can a strata corporation start enforcing those bylaws.

What if the owners approved amendments to the bylaws, but the strata has yet to file those amendments with the Land Title Office?

Because it may take a strata corporation a few weeks to get around to filing newly approved bylaws, there may be a period of time where the bylaws filed with the LTSA are not the latest bylaws approved by the owners. The strata essentially has “newly approved bylaws”, but they are not yet “enforceable”.

When this is the case, the answer to the question “Are there any amendments to the bylaws that are not yet filed in the land title office?” on the Form B should be “Yes”.

Form Bs are completed by humans, which means that sometimes mistakes are made. It is therefore good practice to also check the last two years’ worth of general meeting minutes.

• If those minutes show that new bylaws have been approved, those bylaw amendments should be in the bylaw package you received.

• If they’re not and the strata answered “No” to the Form B question noted above, you should follow up with the strata corporation, to confirm why the bylaw amendments aren’t included in the bylaw package provided, yet the Form B states that all bylaw amendments have been filed with the Land Title Office.

Strata Tip of the Week - What is the strata corporation required to insure?

All strata corporations in BC, regardless of size, must obtain property and liability insurance, including bare land strata corporations and strata-titled duplexes.

1. Property Insurance

A. The strata corporation’s property insurance is for:

• Common property

• Common assets

• Buildings shown on the strata plan, and

• Fixtures built or installed on a strata lot if built or installed by the owner developer as part of the original construction of the strata lot (e.g. the original flooring, cabinets, etc.)

B. Property insurance must be for the full replacement value (which requires a current appraisal) and insure against all major perils, which includes:

• fire, lightning, smoke, windstorm, hail

• explosions

• water escapes

• strikes, riots or civil commotion

• impact by aircraft and vehicles

• vandalism and malicious acts

One surprising fact is that, under the Strata Property Regulations, earthquake insurance is not considered a major peril. However, purchasing a unit in a strata corporation that does not have earthquake insurance can pose significant risks.

2. Liability Insurance

The strata corporation must also obtain and maintain liability insurance to insure the strata corporation against liability for property damage and bodily injury, for a minimum amount of $2,000,000.

3.Strata Homeowner Insurance

It’s important to realize that strata corporation insurance is not the same as strata homeowner insurance. In order to mitigate their risks, many strata owners in BC obtain additional homeowner insurance, which often insures them for:

• Their household contents

• Upgrades made to the unit

• Strata deductible coverage (which protects them in case they are found responsible for paying the strata’s deductible(s).

Next time we’ll discuss when bylaws become enforceable and how to check that you have the latest set of bylaws. If you have any suggestions for other topics you’d like us to cover, please let us know at info@condoclear.ca.

Disclaimer: The information provided is for general purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided, any hypertext links or other general information without first seeking appropriate legal or other professional advice.