Can a BC Strata Restrict Short-Term Rentals Like Airbnb?
This answer covers the law of British Columbia.
Yes. A BC strata can limit or ban short-term rentals by bylaw, which requires a 3/4 vote of owners. This is different from long-term rentals: since November 24, 2022, stratas cannot have bylaws restricting residential rentals, and existing ones are invalid.
A short-term rental is accommodation provided to the public for payment for fewer than 90 consecutive days. Hosts must also register with the provincial registry and show the number on listings, and the principal residence rule limits rentals to the host's principal residence plus one secondary suite or accessory dwelling unit, though it does not apply everywhere. Many local governments, such as Vancouver and Victoria, generally limit short-term rentals to principal residences, so an investor who does not live in the unit may be barred regardless of the strata bylaw.
A strata short-term rental bylaw can set fines up to $1,000 per contravention, imposed daily for continuing contraventions. Before fining, the strata must receive a complaint and give you written particulars and a reasonable opportunity to answer. Bylaws differ between stratas, so check yours and confirm with a lawyer.
Key takeaways
- A strata bylaw limiting or banning short-term rentals requires a 3/4 vote of owners.
- Since November 24, 2022, stratas cannot have bylaws restricting ordinary residential rentals, and existing ones are invalid.
- Even if your strata allows short-term rentals, provincial registration and principal-residence rules, and local government rules, may still limit you.
- A strata short-term rental bylaw can set fines up to $1,000 per contravention, while ordinary fines are capped at $200 per bylaw contravention and $50 per rule contravention.