Quick links
- VISOA webinar series videos: Strata rentals
- BC Strata Housing: Renting in stratas: landlords and strata corporations
- Residential Tenancy Act
- Residential Tenancy Policy Guideline 27 (Eviction by strata corporation – page 9)
- LandlordBC
Can a strata corporation have rental restriction bylaws?
No. As of November 24, 2022 no rental restriction bylaws are allowed in any strata corporation in BC (Strata Property Act (SPA) s. 141). Any owner of a residential strata lot may rent their strata lot. Strata owners do not need council’s permission to rent their strata lot. In rare cases there may be zoning or covenants with local governments that prohibit rentals.
Landlords are required to provide a Form K Notice of Tenant’s Responsibilities. SPA s. 146(2) says “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 [Form K] signed by the tenant.”
Are roommates considered tenants?
SPA s. 1 defines a tenant as a person who rents all or part of a strata lot and includes a subtenant. Based on decisions of the Civil Resolution Tribunal, roommates are considered tenants. In some situations it might be unclear whether a person is occupying the strata lot as a house guest, short-term accommodation such as Airbnb, or a roommate who is residing in the strata lot.
Can tenants be council members?
Under SPA s. 147, a landlord may assign some or all of their powers and duties to their tenants, with certain limitations. For example, the assignment could permit the tenant to vote at annual and special general meetings and serve as a council member.
The assignment is not effective until the landlord gives the strata corporation a written notice stating all of the following:
- The name of the tenant to whom the assignment is made
- The powers and duties that have been assigned
- The time period during which the assignment is effective
If a residential strata lot is leased under a long term lease (a lease to the same person for a set term of 3 years or more), under SPA s. 148, the tenant is automatically assigned the powers and duties of the landlord under the Strata Property Act, the bylaws and the rules for the term of the lease. However, before exercising any powers of the landlord, the tenant must give the strata corporation written notice, stating the name of the tenant and the time period during which the lease is effective. The strata corporation must then give a copy of the notice from the tenant to the landlord and to the owner.
SPA s. 28 allows tenants to be council members if they have have been assigned a landlord’s powers and duties under SPA s. 14 or 148.
There is another way that a tenant might be eligible to serve on council. SPA s. 28 allows a strata corporation to pass a bylaw that allows “other classes of persons” to be council members, such as a tenant, and persons who are not on the title of the strata lot such as a spouse or common-law partner, a parent, or an adult child. Expanding the pool of potential council members can be helpful for stratas that have difficulty finding owners willing to serve as council members. If a strata corporation wants to allow other classes of persons to serve as council members, it is recommended to work with a strata lawyer to ensure the bylaws clearly define who is eligible.
Can the strata evict a tenant?
Tenants must follow the bylaws and rules. Learn how bylaws and rules are enforced and eviction of a tenant by the strata corporation.
Free training for councils and landlords
The I Rent It Right™ e-learning program is a comprehensive legislative online course designed to provide landlords and rental property managers with the fundamental knowledge of operating a rental housing business in BC. Upon successful completion you will receive an I Rent It Right™ certificate and digital sticker, demonstrating a commitment to providing secure, professional rental housing.
Watch the webinars co-hosted by VISOA and LandlordBC:
- Getting started as a strata landlord
- A strata council’s guide to rentals
- A landlord’s guide to communicating with strata councils
- Strata rentals: resolving complaints and conflict
Member-only resources
Log in to your account to access the following resources. *Indicates a resource for corporate members only.
- Form K – Notice of tenant’s responsibilities (pdf and Word formats)
- Coming soon: Top 10 tips for strata landlords
- Coming soon: Strata council check list for rentals*
