Quick links
- BC Strata Housing: Strata age-restriction bylaws
- Strata Property Act s. 123.2.
- Strata Property Regulation 7.01
Can stratas have age restriction bylaws?
A strata can have a bylaw that restricts the age of residents to 55+, 65+, etc. It cannot have a bylaw that restricts the age of residents to 18+, 45+, etc.
Section 123.1(2) says that a strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years. This bylaw does not apply to:
- A person who resided in the strata lot immediately before the bylaw was passed and the person continues to reside in the strata lot after the bylaw is passed (a “legacy exemption”). The exception applies to the person, not the strata lot.
- A caregiver who resides in the strata lot for the purpose of providing care to another person who resides in the strata lot, and that person is dependent on caregivers for continuing assistance or direction because of disability, illness or frailty.
- A person in a prescribed class of persons
What is a prescribed class of persons?
Certain prescribed classes of persons are also exempt from an age restriction bylaw. The determination of whether a person is exempt from the bylaw depends on their relationship to the “specified resident”. These persons are exempt:
- A spouse or person living in a marriage-like relationship with the specified resident
- Children if their caregiver is a specified resident
- Adult children if the specified resident was their caregiver when they were a minor
What is a specified resident?
A specified resident is a resident such as an owner, tenant, or occupant who:
- Has reached the age specified in the bylaw, or
- Is exempt because they resided in a strata lot immediately before an age restriction bylaw was passed (a “legacy exemption”)
Examples of exemptions
How do the exemptions for spouses, partners, and children apply in common situations? In the examples below, the strata corporation has an age restriction bylaw that requires at least one person to be 55 years of age or older. The bylaw was properly passed by 3/4 vote at an annual or special general meeting and was filed at the Land Title Office in 2019.
Liang and Mei: Liang is 56 and Mei is 35. They are looking to purchase (or rent) a unit in this strata and are worried about the age restriction bylaw. Mei could reside with Liang because he would be a “specified resident” (SR). They are planning to have children in the next few years. Their future children would be exempt since Liang is a SR. When Mei reaches 55, she would also be a SR.
Therese and Jamie: In February 2023, Therese and their partner Jamie moved into a strata unit as tenants. They are 27 and 32 respectively. The age restriction bylaw can be enforced as neither of them is 55 or older.
Karl and Paul: Karl is 57 and decides to rent out his second bedroom to Paul who is 51. They are not living in a marriage-like relationship. The age restriction bylaw can be enforced as Paul is not 55 or older.
Theo and Petra: Theo is 59. He falls in love with Petra who is 45 and asks her and her 9-year-old son to move in with him. Petra is exempt if she lives with Theo in a marriage-like relationship. The regulation does not require them to live together for any length of time to be considered living in a marriage-like relationship. Whether Petra’s son is exempt depends on whether Theo is considered to be his caregiver.
Cheryl and Kris, Kris and Bobbie: Cheryl is 35. Since she’s been living in this strata since 2012 (before the bylaw was passed), she has a legacy exemption which makes her a SR. In 2020, she marries Kris who is 42. As a spouse, Kris is exempt from the age restriction bylaw. Cheryl and Kris adopt Jasmin who is 3 years old. Jasmin is exempt because Cheryl is an SR and is one of her caregivers. Cheryl and Kris divorce and Cheryl moves away. Kris is still under 55, so Kris and Jasmin are no longer exempt. However, Bobbie moves in and, at age 56, is a SR. If Bobbie and Kris marry or live together in a marriage-like relationship, then Kris is exempt. Jasmin is exempt if Bobbie is considered to be one of her caregivers.
Rohan: Anika and Kamal are 58 and 62 respectively. Their adult son Rohan has fallen on hard times and needs a place to live. Rohan can reside with his parents since they were his caregivers when he was under 19. However, Rohan’s wife isn’t exempt because his parents weren’t her caregivers when she was a minor. Depending on the circumstances, Anika and Kamal might be considered caregivers of Rohan’s children.
Member-only resources
Log in to your account to access the following resources. *Indicates a resource for corporate members only.
- Age Restriction Bylaw Exemptions (article by Shawn M. Smith, Cleveland Doan LLP)
