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Strata Property Act

[SBC 1998] CHAPTER 43

Part 8 — Rentals

Rental disclosure by owner developer

139  (1) An owner developer who rents or intends to rent one or more residential strata lots must

(a) file with the superintendent before the first residential strata lot is offered for sale to a purchaser, or conveyed to a purchaser without being offered for sale, a Rental Disclosure Statement in the prescribed form, and

(b) give a copy of the statement to each prospective purchaser before the prospective purchaser enters into an agreement to purchase.

(2) The owner developer may change the statement by changing the number of strata lots to be rented or the rental period for the strata lots, or both, if the owner developer

(a) owns all the strata lots in the strata plan, or

(b) obtains the prior approval of the change by a resolution passed by a 3/4 vote at an annual or special general meeting.

(3) For the purposes of the 3/4 vote referred to in subsection (2), the following persons are not eligible voters:

(a) a person voting in respect of a nonresidential strata lot;

(b) a person voting in respect of a residential strata lot which is currently rented;

(c) the owner developer.

(4) An owner developer who changes a statement under subsection (2) must immediately

(a) file the changed statement with the superintendent,

(b) give a copy of the changed statement to each purchaser who received a previous version of the statement, and

(c) give a copy of the changed statement to each prospective purchaser before the prospective purchaser enters into an agreement to purchase.

Contravention of disclosure requirements

140  If the owner developer contravenes section 139, the purchaser of a residential strata lot may cancel the agreement to purchase without penalty.

Restriction of rentals by strata corporation

141  (1) The strata corporation must not screen tenants, establish screening criteria, require the approval of tenants, require the insertion of terms in tenancy agreements or otherwise restrict the rental of a strata lot except as provided in subsection (2).

(2) The strata corporation may only restrict the rental of a strata lot by a bylaw that

(a) prohibits the rental of residential strata lots, or

(b) limits one or more of the following:

(i)   the number or percentage of residential strata lots that may be rented;

(ii)   the period of time for which residential strata lots may be rented.

(3) A bylaw under subsection (2) (b) (i) must set out the procedure to be followed by the strata corporation in administering the limit.

Limits to rental restriction bylaws

142  (1) For the purposes of this section, "family" and "family member" have the meaning set out in the regulations.

(2) A bylaw referred to in section 141 (2) does not apply to prevent the rental of a strata lot to a member of the owner's family.

(3) A rental of a strata lot to a family member under this section creates an assignment of the owner's powers and duties under section 148.

(4) If the bylaws of a strata corporation include a bylaw referred to in section 141 (2) (b) (i), a residential strata lot that has been rented

(a) to a member of the owner's family, or

(b) under an exemption from the bylaw granted or allowed under section 144

is not to be considered, for the purposes of that bylaw, as a residential strata lot that has been rented.

Rental restriction bylaw does not apply to some strata lots

143  (1) Subject to subsection (4), a bylaw that prohibits or limits rentals does not apply to a strata lot until the later of

(a) 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

(b) one year after the bylaw is passed.

(2) Subject to subsection (1), if a strata lot has been designated as a rental strata lot on a Rental Disclosure Statement in the prescribed form, and if all the requirements of section 139 have been met, a bylaw that prohibits or limits rentals does not apply to that strata lot until,

(a) in the case of a Rental Disclosure Statement filed before January 1, 2010, the earlier of

(i)   the date the strata lot is conveyed by the first owner of the strata lot other than the owner developer, and

(ii)   the date the rental period expires, as disclosed in the Rental Disclosure Statement as it read on December 31, 2009, and

(b) in the case of a Rental Disclosure Statement filed after December 31, 2009, the date the rental period expires, as disclosed in the Rental Disclosure Statement.

(3) Even if a Rental Disclosure Statement filed before January 1, 2010 is changed under section 139 (2) after December 31, 2009, subsection (2) (a) of this section applies.

(4) Subsection (1) (b) does not apply to a bylaw that is passed under section 8 by the owner developer.

Exemption from rental restriction bylaw

144  (1) An owner may apply to the strata corporation for an exemption from a bylaw that prohibits or limits rentals on the grounds that the bylaw causes hardship to the owner.

(2) The application must be in writing and must state

(a) the reason the owner thinks an exemption should be made, and

(b) whether the owner wishes a hearing.

(3) If the owner wishes a hearing, the strata corporation must hear the owner or the owner's agent within 4 weeks after the date the application is given to the strata corporation.

(4) An exemption is allowed if

(a) the strata corporation does not give its decision in writing to the owner,

(i)   if a hearing is held, within one week after the hearing, or

(ii)   if no hearing is requested, within 2 weeks after the application is given to the strata corporation, or

(b) the owner requests a hearing under subsection (2) (b) and the strata corporation does not hold a hearing within 4 weeks after the date the application is given to the strata corporation.

(5) An exemption granted by the strata corporation may be for a limited time.

(6) The strata corporation must not unreasonably refuse to grant an exemption.

Rental agreement in contravention of rental restriction bylaw

145  (1) If an agreement for the rental of a residential strata lot contravenes a bylaw that prohibits or limits rentals, the tenant

(a) is not in contravention of the bylaw, and

(b) may, within 90 days of learning of the landlord's contravention, end the tenancy agreement without penalty by giving notice to the landlord.

(2) If a tenant ends a tenancy agreement under subsection (1), the landlord must pay the tenant's reasonable moving expenses to a maximum of one month's rent.

Landlord to give bylaws, rules and Notice of Tenant's Responsibilities to tenant

146  (1) Before a landlord rents all or part of a residential strata lot, the landlord must give the prospective tenant

(a) the current bylaws and rules, and

(b) a Notice of Tenant's Responsibilities in the prescribed form.

(2) Within 2 weeks of renting all or part of a residential strata lot, the landlord must give the strata corporation a copy of the notice signed by the tenant.

(3) If a landlord fails to comply with subsection (1) or (2), the tenant

(a) is still bound by the bylaws and rules, but

(b) may, within 90 days of learning of the landlord's failure to comply, end the tenancy agreement without penalty by giving notice to the landlord.

(4) If a tenant ends a tenancy agreement under subsection (3), the landlord must pay the tenant's reasonable moving expenses to a maximum of one month's rent.

Assignment of powers and duties to tenant

147  (1) A landlord may assign to a tenant some or all of the powers and duties of the landlord that arise under this Act, the bylaws or the rules, but may not assign to a tenant the landlord's responsibility under section 131 for fines or the costs of remedying a contravention of the bylaws or rules.

(2) The assignment is not effective until the landlord gives the strata corporation a written notice stating all of the following:

(a) the name of the tenant to whom the assignment is made;

(b) the powers and duties that have been assigned;

(c) the time period during which the assignment is effective.

Long term lease

148  (1) In this section, "long term lease" means a lease to the same person for a set term of 3 years or more.

(2) If a residential strata lot is leased under a long term lease, the tenant is assigned the powers and duties of the landlord under this Act, the bylaws and the rules for the term of the lease.

(3) Before exercising any powers of the landlord, the tenant must have given to the strata corporation written notice of the assignment referred to in subsection (2), stating the name of the tenant and the time period during which the lease is effective.

(4) The strata corporation must give a copy of the notice referred to in subsection (3) to the landlord and to the owner.

(5) The assignment does not include an assignment of the landlord's responsibility under section 131 for fines or the costs of remedying a contravention of the bylaws or rules.

(6) The tenant must not, without the owner's consent, exercise any power or right of an owner

(a) to acquire or dispose of land,

(b) to cancel or amend the strata plan, or

(c) to do anything that would affect the owner's interest in the strata lot, common property or land that is a common asset.

(7) The landlord must not deal with his or her interest in the strata lot, common property or land that is a common asset in a way that unreasonably interferes with the rights of the tenant under the lease or assignment.

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