Shell Busey's HouseSmart Referral Network

Condo Smarts: Airbnb Rentals And Tenants Not The Same In Condo Law

Written By: Tony Gioventu, Executive Director CHOA

Strata corporations are permitted to prohibit short-term rental accommodations, unless they are subject to a zoning covenant that is frequently found in resort areas.
Dear Tony:

Are strata corporations that are townhouses and bare-land strata permitted to adopt bylaws that limit rentals or Airbnbs? Our townhouse complex in Vernon received a circular from a neighbouring property that advised rental bylaws were not enforceable in a townhouse complex, but we cannot find any legislative changes or notices that verify this issue.

Over the years, we have had a number of tenants in our complex to a maximum of 10 per cent (five) of our units. They have all been wonderful residents. However, we don’t want to increase the number of tenants as we already struggle with sufficient council members as a self-managed strata. Any updates would be appreciated.

— Melissa A.

Dear Melissa:

Rental bylaws may apply to any residential strata lots in any strata corporation; however, there are several exemptions that are a bit complicated to administer.

CLICK HERE TO CONTINUE READING TONY'S ANSWER:

Condo Smarts: Airbnb Rentals And Tenants Not The Same In Condo Law - Ask Shell Written By: Tony Gioventu, Executive Director CHOA

Condo Smarts: There Are Two Ways Pets May Be Exempt Or Accommodated

Written By: Tony Gioventu, Executive Director CHOA

The Guide Dog and Service Dog Act of B.C. is the first option and the second is accommodation under the B.C. Human Rights Code.

Dear Tony:

I moved into my dream condo back in the fall of 2019 before the COVID-19 crisis began. Since the limitations on gathering and requirements for isolation started, I have struggled to emotionally survive.

I finally decided to see my doctor, who recommended I find a companion pet that would be beneficial for emotional support as I have now been diagnosed with chronic depression. My challenge is my strata council. The building has a bylaw that prohibits all pets, and when I asked for an exemption, they told me the only type of pet they would consider is a Certified Assistance Pet under the legislation.

I requested a hearing with council, and they were quite rude to me and suggested I consider moving to a building that allowed pets. Considering the ongoing conditions of the pandemic, is there some way to encourage this community to be reasonable about people’s mental health issues?

— Candice M., West Vancouver



Dear Candice:

There are two separate options where pets may be exempt or accommodated under the Strata Corporations Bylaws.

The Guide Dog and Service Dog Act of B.C. is the first. Pets that are certified assistance pets under the Guide Dog and Service Dog Act of B.C. are not subject to the consideration of a strata council. They are exempt from strata bylaws. The strata corporation does not have the authority to prohibit, restrict or screen the service animals.

CLICK HERE TO CONTINUE READING:

Condo Smarts: There Are Two Ways Pets May Be Exempt Or Accommodated - Ask Shell Written By: Tony Gioventu, Executive Director CHOA

Condo Smarts: Strata insurance covers only original finishing — not improvements

Written By: Tony Gioventu, Executive Director CHOA
'Could you please explain exactly how strata corporation insurance works for sectioned strata corporations?'
Dear Tony:
I run a small retail business out of a commercial strata lot in downtown Kelowna. Our building is mixed-use and divided into two sections between the residential and commercial units.
We had a water claim in our building over the summer that affected several residential units and two commercial units, including mine. The insurance claim covered the residential units and their interior finishings but did not cover our improvements — of which we had invested a significant amount of money. We were of the understanding that the finishing within strata lots, whether they were commercial or residential, were covered under the strata policy, so we had not purchased any additional insurance and are now left with over $75,000 in restoration costs.
Could you please explain exactly how strata corporation insurance works for sectioned strata corporations?
— Martin W.
Dear Martin:
There is often confusion about the terms of the Strata Property Act, which create misunderstandings around operations and liabilities for mixed-use properties. Whether your strata lots are residential or non-residential (commercial), either in mixed-use or as entire commercial entities, the Strata Property Act and Schedule Standard Bylaws and Strata Property Regulations apply. The term “tenant” that is used within the context of the Act applies both to residential tenants and leasehold or commercial tenants in the same fashion, with the exception that a strata corporation cannot restrict the rental of commercial strata lots.

CLICK HERE TO CONTINUE READING TONY'S ANSWER:

Condo Smarts: Strata Insurance Covers Only Original Finishing — Not Improvements - Ask Shell Written By: Tony Gioventu, Executive Director CHOA