Can a Strata in British Columbia Ban Rentals? Bylaws Explained

Many owners and investors still hear that a strata can cap the number of rentals or ban them. In British Columbia, that has changed. The answer now depends on what kind of rental you mean.

This article explains the general rule, the exceptions for short-term rentals and age-restricted stratas, and what landlords must hand over. Your strata's own bylaws and your city's rules also matter, so confirm the details with a lawyer.

This article covers the law of British Columbia.

The general rule on long-term rentals

Since November 24, 2022, no strata corporation or section may have a residential rental-restriction bylaw, and existing ones are invalid. Section 141 of the Strata Property Act says a strata must not screen tenants, require approval of tenants, require terms in tenancy agreements or otherwise restrict the rental of a lot.

A bylaw is also unenforceable to the extent it contravenes the Act, the regulations, the Human Rights Code or other law, or restricts an owner's right to freely sell, lease, mortgage or dispose of a lot.

What a strata can still do

For short-term rentals, a strata bylaw can set fines up to $1,000 per contravention, imposed daily for continuing contraventions. Ordinary fines are capped at $200 per bylaw contravention and $50 per rule contravention. A strata may fine only after a complaint, written particulars and a reasonable opportunity to answer, including a hearing if requested. Fines on a tenant may be collected from the tenant, landlord and owner up to the total fine.

Short-term rentals and other layers of rules

Short-term rental means accommodation provided to the public for payment for fewer than 90 consecutive days. Under the Short-Term Rental Accommodations Act, hosts must be registered with the provincial registry (mandatory May 1, 2025) and show the registration number on listings. The principal residence requirement limits rentals to the host's principal residence plus one secondary suite or accessory dwelling unit, but it does not apply everywhere.

Strata hotels are not exempt from the provincial regime and must register. Rentals longer than 90 days per booking, and hotels, motels, hostels and resorts, are exempt.

Local governments such as Kelowna, Powell River, Victoria and Vancouver generally limit short-term rentals to principal residences. An investor who does not live in the unit may therefore be barred regardless of the strata bylaw. Check your municipality's current rules before listing a unit.

Age-based rules and who is exempt

Section 123.1 bars bylaws restricting the age of residents, except a bylaw requiring one or more residents to reach a specified age, which cannot be below 55. Section 123.2 exempts residents already living there before the bylaw, caregivers and prescribed classes. Since May 1, 2023 those include children, including adult children, and younger spouses or partners.

Because existing residential rental-restriction bylaws are invalid, a strata cannot rely on an older one to restrict your rental. If a strata still enforces one against you, it is worth getting advice.

Landlord disclosure and next steps

Before renting, a landlord must give the tenant the current bylaws and rules and a Notice of Tenant's Responsibilities (Form K). Within 2 weeks of renting, the landlord must give the strata a signed copy. If this is not done, the tenant may end the tenancy within 90 days of learning of it, and the landlord pays reasonable moving expenses up to one month's rent.

A lease to the same person for a set term of 3 years or more assigns the landlord's powers and duties under the Act, bylaws and rules to the tenant, though the landlord remains responsible under section 131 for fines and remedy costs. The old Form J rental disclosure statement was repealed by B.C. Reg. 6/2023.

• Read your strata's current bylaws for any rental or short-term rental wording.
• Check your municipality's short-term rental rules and the provincial registration requirement.
• Give each tenant the bylaws, rules and Form K before renting.
• Send the strata a signed copy of the Form K within 2 weeks.
• Ask a lawyer to review any bylaw you think is invalid or being enforced against you.

Frequently asked questions