Proposed legislation could make way for more tenants and young families in British Columbia condo buildings. Newly introduced amendments to the provincial Strata Property Act would halt strata corporations’ ability to exclude children or prevent owners from renting out their units to tenants.
The amendments and companion legislation calling on municipalities to set housing supply targets are part of new B.C. Premier Dave Eby’s promised 100-day plan after being sworn into office on Nov. 18. “We’re making it possible for thousands of condos that are vacant to be rented out as soon as these new laws pass,” he says.
Most condo owners in the province already have freedom to rent out their units, but a grandfathering clause in the current legislation allows such prohibitions if strata corporations had authorizing bylaws in place prior to 2010. Data collected through B.C.’s vacancy and speculation tax levy indicates there are approximately 2,900 vacant condo units in the five regions where the tax applies that fall into this category.
The proposed legislation would strike down the grandfathering clause and also generally remove strata corporations’ ability to set age limits for occupancy, other than allowing for buildings geared to residents who are 55 or older. In the latter case, strata corporations could still stipulate that at least one resident of every unit meets the 55+ age threshold. However, caregivers for the occupancy would be entitled to live in the building.
“Rules that prevent families with children from living in a home, or prevent people from renting the unit they own, are no longer acceptable in our current housing market,” says Murray Rankin, B.C.’s Attorney General and Minister Responsible for Housing.
“No municipality will benefit more than the City of Vancouver, the city with the largest number of strata units, from the removal of strata rental restrictions,” suggests Vancouver Mayor Ken Sim. “This Act will help deliver much-needed rental supply, making it easier for families with children to live and work in Vancouver.”
Other proposed changes to the Strata Property Act would permanently allow for online annual and special general meetings, and clarify that pet prohibition bylaws do not apply to active or retired service dogs or pets that had peaceably resided in the building before the bylaw was passed. Strata corporations will continue to have the ability to prohibit short-term rentals.
