Can a Strata in British Columbia Ban Rentals of Your Unit?

Many owners and investors ask whether a strata can stop them from renting out their unit. In British Columbia the answer changed in 2022, and older bylaws you may still see in a strata's records may no longer be valid.

This article covers the general rule, the short-term rental exception, age-restricted stratas, and what landlords must still do. Your strata's own bylaws matter, so confirm the details with a lawyer.

This article covers the law of British Columbia.

The general rule on rental restriction bylaws

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 the 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.

Exceptions that still apply

• Short-term rentals: the rental ban does not stop strata bylaws limiting or banning short-term rentals, which require a 3/4 vote of owners.
• Age-restricted stratas: the Act 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.
• Exempt residents: residents already living there before such a bylaw, caregivers and prescribed classes are exempt, and since May 1, 2023 those classes include children, including adult children, and younger spouses or partners.

Short-term rentals

Short-term rental is 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, while 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, so an investor who does not live in the unit may be barred regardless of the strata bylaw.

A strata short-term rental bylaw may set fines up to $1,000 per contravention, imposed daily for continuing contraventions.

Fines and landlord duties

Ordinary fines are capped at $200 per bylaw contravention and $50 per rule contravention. The strata may fine only after receiving a complaint, giving written particulars and a reasonable opportunity to answer, including a hearing if requested. Tenants' fines may be collected from the tenant, landlord and owner up to the total fine.

Before renting, a landlord must give the tenant the current bylaws and rules and a Notice of Tenant's Responsibilities (Form K), and within 2 weeks of renting give the strata a signed copy. If not, 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.

For a lease to the same person for a set term of 3 years or more, the landlord's powers and duties under the Act, bylaws and rules pass to the tenant, though the landlord remains responsible for fines and remedy costs.

What to do next

• Read your strata's current bylaws and note any rental or age provisions.
• Check whether any bylaw limits short-term rentals and when it was passed.
• Check local government rules and provincial registration before listing a unit short term.
• Give tenants the bylaws, rules and Form K, and send the strata a signed copy.
• Ask a lawyer if a strata is still enforcing an old rental bylaw.

Frequently asked questions